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CC 2013-06-24 Agendas
CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 24, 2013 6:04 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 End of Session Report for the 83rd Regular Session of the Texas Legislature (30 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 21, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 24, 2013 7:04 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilwoman Wright Oujesky A.2 Pledge - Councilwoman Wright Oujesky A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open (Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 10, 2013 City Council Meeting B.2 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2013 -016 B.3 Amend Section 14 -2 of the Code of Ordinances of the City of North Richland Hills, Texas and the Definition of the Term "Pet Animal" - Ordinance No. 3257 C.0 PUBLIC HEARINGS C.1 ZC 2013 -05 Public Hearing and Consideration of a Request from Winkelmann & Associates, Inc. for a Zoning Change from C -1 Commercial and AG Agricultural to NR- PD 'Non - Residential Planned Development for a retail shopping center on 26.94 acres at the southwest corner of North Tarrant Pkwy & Precinct Line Road - Ordinance No. 3256 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 Revise the Capital Projects Budget and Approve Professional Services Agreement with Kimley -Horn and Associates, Inc. in an amount not to exceed $50,000 for the North Tarrant Parkway Median Improvements Project (ST 1306) F.0 GENERAL ITEMS F.1 Award Professional Services Agreement for Audit Services to 'BKD, LLP 1011 »:ixf11110= *IX&_]Ci]�����►f G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mayor Pro Tern Rodriguez H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 21, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6080 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Riichland Hills, TX 76180 Monday, June 24, 2013 6:00 P.M. A.0 Discuss Items from Reaular Citv Council Meetina A.1 End of Session Report for the 83rd Reaular Session of the Texas Leaislature (30 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. A.1 End of Session Report for the 83rd Regular Session of the Texas Legislature (30 Minutes) Presenter: Frank Sturzl, Hillco Partners Summa: The 83 Session of the Texas Legislature ended on Monday, May 27 A number of bills were filed and passed that impact cities. A report will be made to City Council concerning these bills. General Description: During the regular session of the 83 rd Texas Legislature, over 6,000 bills were introduced with over 1,400 bills being passed. Of the bills introduced, over 1,700 of them in some way would have affected cities with 220 city related bills passing during the session. On Monday night Frank Sturzl will be giving an overview of the session and of those bills that most impact North Richland Hills. Selected City - Related Legislation Eighty -Third Texas Legislature June 24, 2013 Frank Sturzl HillCo Partners Austin, Texas TEXAS BUDGET (SB 1) The municipal share of the state's mixed beverage tax will grow from $246 million to $307 million statewide, an increase of nearly 25 percent. This increase is largely due to the reversal of a cut made in 2011. North Richland Hills is likely to see a 25- percent increase as well. Library resource sharing appropriations will climb from $14.5 million to $24.2 million, growth of nearly 67 percent. (This is money that the state invests to assist libraries in accessing information resources around the world.) Direct library aid will once again be cut, this time from $9.7 million to $4.1 million. (It seems clear from actions taken in recent years that the Texas Legislature believes local libraries should be funded by local dollars. In a year in which many of the 2011 budget cuts were reversed, this item was cut again.) Local parks grants are growing. After having been reduced in recent years, the grand total will climb from $881,460 to $16.4 million, a substantial restoration of these funds, but still less than one -half of the grant program in existence several years ago. TCEQ solid waste grants will remain steady at $15.6 million. Law enforcement training grants, which were zeroed out in 2011, have been restored to the previous level of $12 million. The total of these six sources of state revenue is $379.5 million (mostly from the mixed beverage tax), an increase of 32 percent over the current biennium. WATER HB 1025 provides that if SJR 1 (see below) is approved by voters in November, then $2 billion shall be transferred from the economic stabilization fund (the "rainy day fund ") into the newly created State Water Implementation Fund for Texas (SWIFT). HB 4 creates the SWIFT to make low interest loans to local entities for water projects. Each regional water planning group will prioritize projects within the region, and the Texas Water Development Board shall prioritize projects on a statewide basis using eleven different factors including the size of the population to be served by the project, the size of the local contribution, and the need for emergency action. SJR 1, if approved by the voters in November, would amend the Texas Constitution to create the SWIFT. TRANSPORTATION Although TXDOT has estimated that the state will need $4 billion each year to address current and future transportation needs, efforts to increase funding resulted in comparatively little during the recently completed regular session. HB 1025 appropriates $450 million for certain transportation projects, primarily to repair and maintain roads that have been adversely affected by traffic associated with gas drilling. SB 1730 authorizes comprehensive development agreements (CDAs) for several projects in the DFW area. These projects include several in the North Richland Hills area: Loop 820 and Highways 183 and 121. (More on this topic in the "Special Session" section.) FINANCE SB 656 requires that a council's vote to adopt a budget must be a record vote. The bill also provides that an adopted budget must have a cover sheet that includes the property tax rate; whether that rate would generate more, less, or the same amount of property tax revenue; the record vote of each member of the council, and several additional items. SB 637 requires that a document ordering a bond election must state the language that will appear on the ballot, the amount and purpose of the bonds, the amount of tax revenue necessary to pay off the bonds, the tax rate that will be required, the aggregate amount of outstanding debt, and much more. That information must also be prominently posted on election day. OPEN GOVERNMENT SB 1368 codifies several attorney general opinions stating that "public information" includes information that is written, produced, or maintained in connection with the transaction of official government business by an officer or employee of a governmental body. This includes electronic communication regardless of who owns the electronic device and regardless of who pays for the electronic account being used. SB 1297 provides that communications between members of a governmental body about public business is not a meeting or deliberation under the Open Meetings Act if the communication is in writing and is posted on an electronic message board or an equivalent that is viewable and searchable by the public. PUBLIC SAFETY SB 837 broadens municipal authority in the area of public nuisances. It allows a city to require the owner of real property to keep the property free of rubbish including abandoned vehicles, appliances, furniture, and so on. The bill also authorizes the city to prohibit a private property owner from maintaining the property in a way that creates an unsanitary condition that is likely to attract mosquitoes, rodents, vermin, or disease - carrying pests. HB 1951 provides that public safety dispatchers must be licensed and must receive 20 hours of training every two years. DEFENSE CARRIES THE DAY AGAIN As is always the case, the municipal advocacy effort's finest performance came on defense. Here are just a few of the proposals that were defeated: -- appraisal caps and property tax revenue caps -- limits on the ability of cities to issue debt - -a requirement that the ballot language for bond elections include a massive amount of information that would likely have confused voters and created long lines on election day - -a requirement that a city must pay monetary damages for violating the permit vesting statute -- elimination of municipal participation in electric or gas rate cases THE SPECIAL SESSION To date, the governor has identified four issues to be considered by the legislature: (1) legislation which ratifies and adopts the interim redistricting maps ordered by the federal district court as permanent plans for districts used to elect members of the Texas House of Representatives, Texas Senate, and United States House of Representatives; (2) abortion policy; (3) sentencing for 17- year -olds who are convicted of murder; and (4) transportation funding. Bills on other topics are subject to a point of order and most likely will not be considered unless the governor broadens the call. With regard to transportation funding, SJR 2 has the most momentum. It has been passed by the Senate and is scheduled for a hearing by a House committee. If passed by the legislature and approved by Texas voters in November, SJR 2 would amend the Texas Constitution to dedicate to the state highway fund up to 50 percent of all oil and gas severance taxes currently transferred to the rainy day fund, provided that in no event would the rainy day fund be allowed to fall below $6 billion. The money transferred to the state highway fund would be used for the construction, maintenance, and acquisition of right -of -way for public roadways. The estimated revenue gain to the state highway fund would be $878.6 million in 2015 and would grow to $1.116 billion in 2018. Because it is a joint resolution, SJR 2 would have to be approved by a 2/3 vote in both chambers. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Riichland Hills, TX 76180 Monday, June 24, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilwoman Wriaht Ouieskv A.2 Pledge - Councilwoman Wriaht Ouieskv A.3 Special Presentation(s) and Recoanition(s) No items for this category. AA Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 10. 2013 Citv Council Meetina B.2 Approve Aareement with Tarrant Countv Tax Assessor /Collector for the Collection of Citv Propertv Taxes - Resolution No. 2013 -016 B.3 Amend Section 14 -2 of the Code of Ordinances of the Citv of North Richland Hills. Texas and the Definition of the Term "Pet Animal" - Ordinance No. 3257 C.0 PUBLIC HEARINGS C.1 ZC 2013 -05 Public Hearing and Consideration of a Reauest from Winkelmann & Associates, Inc. for a Zoninq Chanqe from C -1 Commercial and AG Aqricultural to NR -PD Non - Residential Planned Development for a retail shoppina center on 26.94 acres at the southwest corner of North Tarrant Pkwv & Precinct Line Road - Ordinance No. 3256 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. � 1 � I � J C � � Cpl T ►T L�� : � :� E.1 Revise the Capital Proiects Budqet and Approve Professional Services Aareement with Kimlev -Horn and Associates, Inc. in an amount not to exceed $50,000 for the North Tarrant Parkwav Median Improvements Proiect (ST 1306) xl�e3: 1r1:1:7_10kI: I►►i6 F.1 Award Professional Services Aareement for Audit Services to BKD, LLP G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Mavor Pro Tem Rodriquez H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. A.D Call to Carder - Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. A.1 Invocation - Councilwoman Wright Oujesky M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. A.2 Pledge - Councilwoman Wright Oujesky M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. A.5 Removal of Item(s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. B.1 Approval of Minutes of June 10, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the June 10, 2013 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — JUNE 10, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10 day of June 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Tim Welch 6�il►FAI=11 T4V Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin James Larry Koonce Patrick Hillis Mark Mills Stan Tinney Craig Hulse Laury Fiorello Jennipher Castellanos Robert Lung Mike Hamilin Andy Kancel F.111 II Scott Turnage Mayor Mayor Pro Tern 1 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Finance Director Human Resources Director Budget Director Fire Chief Economic Development Director Assistant Finance Director Senior Budget Analyst Economic Development Specialist Assistant Police Chief Assistant Police Chief Council, Place 6 Call to Order Mayor Trevino called the work session to order at 6:06 p.m. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from Council on the regular agenda items. Mr. Koonce updated Council on Agenda Item F. 1: Consider all matters incident and related to the issuance and sale of "City of North Richland Hills, Texas, General Obligation Refunding Bonds, Series 2013 ", including the adoption of Ordinance No. 3254 authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to an authorized official of the City — Mr. Koonce advised the Council the credit rating from Standard &r Poors had been received and the City maintained its AA+ rating. Mr. Koonce also advised Council of differences in two of the parameters between the Staff Report and Ordinance. The 2.5 % maximum interest cost and 5% minimum savings threshold in the Ordinance are the correct parameters rather than the 3% maximum interest and 4 % minimum savings listed in the Staff Report. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session - Pursuant to Section 551.087 Texas Government Code Regardinq Economic Development Incentive in Southwest Sector of Citv Mayor Trevino announced at 6:07 p.m. that following a brief recess the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following section: Section 551.087 regarding economic development incentive in southwest sector of City. Mayor Trevino called the meeting back to order at 6:18 p.m. and Council met in Executive Session. C.0 Adiournment Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to the regular Council meeting. IN= 1411W_1A10I6111 =1 II ►Cr7 A.0 CALL TO ORDER Mayor Trevino called the meeting to order June 10, 2013 at 7:00 p.m. i Zia] I I&Y-A1 I I Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tern J Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant. City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant. City Secretary Attorney Absent Scott Turnage Council, Place E A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) — PRESENTATION OF 2013 TEEN COURT SCHOLARSHIP. Debbie Durko, Municipal Court Director introduced Bethany Grohman, Teen Court Judge and a previous recipient of the Teen Court Scholarship. Ms. Grohman presented the 2013 Teen Court Scholarship to Brianna Hall. Ms. Hall was awarded a $2,500 scholarship to the chosen technical school, college or university of her choice. A.4 CITIZENS PRESENTATION James Brown, 7121 Corona Drive, came forward and expressed his concerns over contractors and city employees trespassing on his property causing damage to his property as well as others in the neighborhood due to the 820 expansion. Mayor Trevino asked Mike Curtis, Managing Director to help Mr. Brown with his situation. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ►C7iT� B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MAY 20, 2013 CITY COUNCIL MEETING B.2 AWARD OF PROJECT RFB NO. 13 -018 TO MCCLENDON CONSTRUCTION COMPANY INC. IN THE AMOUNT OF $94,344.10 FOR THE CONSTRUCTION OF THE BROOKRIDGE DRIVE AND PLUMWOOD DRIVE DRAINAGE IMPROVEMENTS PROJECT (DR0903 & DR1005) B.3 REVISE THE FY 201212013 CAPITAL PROJECT BUDGET AND AWARD OF PROJECT RFB NO. 13 -017 TO STABILE & WINN, INC. IN THE AMOUNT OF $644,899.20 FOR THE CONSTRUCTION OF THE STARNES ROAD STREET IMPROVEMENTS PROJECT (ST1001) B.4 APPROVE PURCHASE OF SPARTAN ERV RESCUE PUMPER FIRE APPARATUS FROM METRO FIRE APPARATUS SPECIALISTS, INC. IN THE AMOUNT OF $542,578.00 COUNCILMAN L OMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. M OTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS C.1 TR 2013 -02 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO CHAPTER 118, ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND SECTION 146 -9, SIGN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TABLE OF PERMITTED SIGNS, AS EACH PERTAINS TO THE TITLES OF COMMERCIAL ZONING DISTRICTS; CHANGING "NS" NEIGHBORHOOD SERVICES TO "LR" LOCAL RETAIL, "CS" COMMUNITY SERVICES TO "C -1" COMMERCIAL, AND "HC" HEAVY COMMERCIAL TO "C -2 " COMMERCIAL; AND CORRECTING ERRORS IN SECTION 118 -394 LOT AND AREA REQUIREMENTS IN NONRESIDENTIAL ZONING DISTRICTS — ORDINANCE NO. 3247 APPROVED Mayor Trevino opened the public hearing and called on Clayton Comstock to present the item. Mr. Comstock, Senior Planner, presented the item. Council is being asked to approve Ordinance No. 3247, a text revision that would remove nearly all references to the NS, CS and HC zoning districts from the Zoning and Sign Ordinances and reclassify them to their former names of LR, C -1, and C -2. This revision will simplify and streamline the Zoning Ordinance and official Zoning Map. The Planning & Zoning Commission recommended approval by a (5 -0) vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE TR 2013 -02; ORDINANCE NO. 3247. COUNCILMAN WHITSON SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 6 -0. C.2 ZC 2013 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A ZONING CHANGE FROM "NS" NEIGHBORHOOD SERVICES TO "LR" LOCAL RETAIL AT 7717 PRECINCT LINE ROAD, 8901 THROUGH 8913 MID - CITIES BOULEVARD, 7917 GLENVIEW DRIVE AND 7944 THROUGH 7956 DAVIS BOULEVARD; A ZONING CHANGE FROM "CS" COMMUNITY SERVICES TO "C -1" COMMERCIAL AT 6417 AND 6425 PRECINCT LINE ROAD, 8316 WOODS LANE, 5755 RUFE SNOW DRIVE, 8517 DAVIS BOULEVARD, 6720 NORTHEAST LOOP 820, 7800 DAVIS BOULEVARD, 8500 MID - CITIES BOULEVARD, 8525 AND 8529 MID- CITIES BOULEVARD, AND 8601 THROUGH 8625 MID- CITIES BOULEVARD; A ZONING CHANGE FROM "HC " HEAVY COMMERCIAL TO "C -2" COMMERCIAL AT 5750 RUFF SNOW DRIVE, 6646 IRON HORSE BOULEVARD, AND 6618 AND 6640 NORTHEAST LOOP 820; A SPECIAL USE PERMIT FOR "FUNERAL PARLOR AND CREMATORY" AT 8525 MID - CITIES BOULEVARD; A SPECIAL USE PERMIT FOR "GAS STATION" AT 6640 NORTHEAST LOOP 820; AND A SPECIAL USE PERMIT FOR "PET LODGING BUSINESS" AT 7800 DAVIS BOULEVARD. THE ABOVE REFERENCED CHANGES ARE PROPOSED AS PART OF A CITY -WIDE ZONING DISTRICT RENAMING PROJECT WHERE THE TITLES OF COMMERCIAL ZONING DISTRICTS ARE PROPOSED TO BE CHANGED. NO CHANGES TO PERMITTED LAND USES OR DEVELOPMENT REGULATIONS FOR THESE PROPERTIES ARE PROPOSED BY THIS ORDINANCE - ORDINANCE NO. 3249 APPROVED Mayor Trevino opened the public hearing and called on Clayton Comstock to present the item. Mr. Comstock, Senior Planner, summarized the item. The City of North Richland Hills is proposing a zoning change to multiple properties in conjunction with the approval of Ordinance No. 3247, which would reclassify all NS, CS and HC zoning districts to their former names of LR, C -1, and C -2 respectively. A total of 32 properties are impacted by this zoning change ordinance. While the title of their zoning district may change, no change is proposed to the permitted land uses or the development regulations of these properties. The Planning & Zoning Commission recommended approval by (5 -0) vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED To APPROVE ZC 2013 -04; ORDINANCE No. 3249. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION To APPROVE CARRIED 6 -0. C.3 ZC 2013 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM KIMLEY -HORN & ASSOCIATES FOR A ZONING CHANGE FROM C -1 COMMERCIAL AND C -2 COMMERCIAL TO RD -PD REDEVELOPMENT PLANNED DEVELOPMENT BASED ON C -1 COMMERCIAL USES AND REGULATIONS ON LOTS 3R, 4 AND 5, BLOCK 13, AND LOT 1, BLOCK 14, SNOW HEIGHTS NORTH ADDITION AT 5152 AND 5198 RUFE SNOW DRIVE AND 6800 AND 6896 DICK LEWIS DRIVE - ORDINANCE NO. 3250 APPROVED Mayor Trevino opened the public hearing and called on applicant to come forward and present the item. Tony Callaway with Callaway Architecture, 1207 Hampshire Lane, Richardson, TX, came forward to request a zoning change for future 85,000 foot grocery store. The company purchasing the site will be WinCo Foods from Boise, Idaho. They are an employee owned company with about 80 stores and expanding. One store is currently under construction in Fort Worth and one in McKinney. WinCo is identified as a low cost leader and very competitive in the marketplace with a regional draw opening to the public 24 hours and will typically hire round 200 people. The existing retail shops will be demolished and there are negotiations with Oncor on the easement to improve the site. There will be a detention pond around the Dick Lewis side and will have a very attractive landscape plan. There will be a loading dock adjacent to public street with screening with an 8 foot masonry wall. Clayton Comstock, Senior Planner, requested to present Items C.3 (ZC 2013 -02) and CA ('RP 2013 -02) since the items were related. On behalf of Texas Investors LLC, Romana Wash & Clean Ltd, and BH Investments LLC, Kimley -Horn & Associates is requesting a zoning change from C -1 Commercial and C -2 Commercial to RD -PD Redevelopment Planned Development based on C -1 Commercial uses and regulations on 8.6526 acres at the southwest corner of Dick Lewis Drive and Thaxton Parkway. The purpose of the request is to zone the property to accommodate the demolition and redevelopment of the site for a major grocery store. The remaining 4.2295 acres of the plat Lot 3R1, Block 13 will remain as is and under the existing "C -2" Commercial zoning. The replat is for two lots in the Snow Heights North Addition and also includes an Associated Detention Storage Facility Maintenance Agreement. The replat creates a new property line between existing retail and new redevelopment of WinCo. The Planning & Zoning Commission recommended approval for both items by a (5 -0) vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2013 -02; ORDINANCE NO. 3250. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -8. CA RP 2013 -02 CONSIDERATION OF A REQUEST FROM KIMLEY -HORN & ASSOCIATES FOR A REPLAT FOR LOT 3R1, BLOCK 13 AND LOT 1R, BLOCK 14, SNOW HEIGHTS NORTH ADDITION, BEING 12.977 ACRES CURRENTLY DESCRIBED AS LOTS 3R, 4 AND 5, BLOCK 13, AND LOT 1, BLOCK 14, SNOW HEIGHTS NORTH ADDITION LOCATED AT 5152 AND 5198 RUFE SNOW DRIVE AND 6800 AND 6896 DICK LEWIS DRIVE AS WELL AS THE ASSOCIATED DETENTION STORAGE FACILITY MAINTENANCE AGREEMENT FOR PROPOSED LOT 1R, BLOCK 14, SNOW HEIGHTS NORTH ADDITION. THIS ITEM IS NOT A PUBLIC HEARING BUT IS RELATED TO ITEM C.3 APPROVED Item presented with Item C.3 Public Hearings above. Mayor Trevino called for a motion. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE RP 2413 -02. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.5 ZC 2012 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM AMERICAN TOWER CORPORATION FOR A REVISION TO THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT ZONING DISTRICT NO. 35 FOR A 90' TELECOMMUNICATIONS TOWER ON LOTS 1 -8, BLOCK A, RICHLAND PLAZA ADDITION AT 6301 THROUGH 6367 BOULEVARD 26 - ORDINANCE NO. 3251 APPROVED Councilman Lombard abstained from discussion and voting. An affidavit of disqualification has been completed by Councilman Lombard and filed with the City Secretary stating the nature of the interest is the cell provider (American Tower) for the tower is his employer, A T& T Mayor Trevino opened the public hearing and called on the applicant to present the item. Dave Kirk, representing America Tower Corporation, 1901 Royal Lane, Dallas, TX came forward. The request is to modify a Planned Development (PD) to allow a 90 foot communications tower. The previous PD had a clause for a communications tower and this request is to clean up the PD and make the communications tower location more specific to the needs of development. Mr. Kirk was available to answer any questions Council may have. John Pitstick, Planning & Development Director, summarized the item. On behalf of Fenton LLC and Fenton Richlands LLC, Dave Kirk for American Tower is requesting a zoning change to amend the existing PD -35 Planned Development zoning district to allow a new 90 -foot telecommunications tower and associated equipment near the northernmost boundary of the property. The revised PD would remove all references to the previously permitted 100 -foot telecommunications tower and 10 ground - mounted commercial satellite dishes, whereby allowing only one tower on the property. This is also a revised location for such telecommunications equipment. The Planning & Zoning Commission recommended approval by a (5 -0) vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WHITSON MOVED TO APPROVE ZC 2413 -07; ORDINANCE NO.. 3251. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0 -1; COUNCILMAN LOMBARD ABSTAINING. C.6 ZC 2013 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DEBRA PERNETTI ON BEHALF OF THE PROPERTY OWNER, G.Q. ENTERPRISES CORPORATION, FOR A REVISION TO THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT ZONING DISTRICT NO. 42 ON LOT 2, BLOCK 1, TOWNE OAKS ADDITION AT 8015 GLENVIEW DRIVE TO INCLUDE USES PERMITTED IN THE C -1 COMMERCIAL ZONING DISTRICT - ORDINANCE NO. 3252 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward and present the item. Jerry Foster, 7016 Bueno Vista, Hurst, TX representing the applicant came forward. Mr. Foster stated that over 5 years they have been in a small mom and pop business in North Richland Hills and love being in the city. This rezoning request is to include dog grooming with no overnight stay at 8015 Glenview Drive. Mr. Foster was available to answer any questions Council may have. John Pitstick, Planning & Development Director, summarized the item. On behalf of GQ Enterprises Corporation, Ms. Debra Pernetti is requesting a zoning change to amend the existing PD -42 Planned Development zoning district at 8015 Glenview Drive from an "LR" Local Retail base district to a "C -1" Commercial base district. The purpose of the change is to allow The Dog Parlor, a dog grooming business, to receive a certificate of occupancy within the existing retail center. The change to the C -1 base district would also allow other uses appropriate to such a retail corner as Glenview & NE Loop 820. The previously- approved entitlement for a convenience store and gasoline station under PZ 2001 -19 (Ordinance No. 2596) would carry forward. The Planning & Zoning Commission recommended approval by a (5 -0) vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILWOMAN WRIGHT OUJESKY MOVED Td APPROVE ZC 2013 -06; ORDINANCE NO. 3252. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.7 ZC 2013 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A ZONING CHANGE FROM R -3 SINGLE FAMILY TO R -2 SINGLE FAMILY ON TRACT 1A1 IN THE E.A. CROSS SURVEY, ABSTRACT NO. 281, 1.1255 ACRES LOCATED AT 6936 SMITHFIELD RD. - ORDINANCE NO. 3253 APPROVED Mayor Trevino opened the public hearing and called on John Pitstick to present the items. Mr. Pitstick, Planning and Development Director, requested to present Items C.7 (ZC 2013 -08) and C.8 (FP 2013 -03) since the items were related. The City of North Richland Hills is requesting approval of a zoning change from "R -3" Single Family Residential District to "R -2" Single Family Residential District for a 1.1255 acre parcel at 6936 Smithfield Road —the southeast corner of Smithfield Road and Turner Drive. The purpose of this request is to rezone the city -awned property to a zoning district that is standard to today's residential development in North Richland Hills. If the City is to sell the property off for private development, the zoning should reflect that policy. Along with the zoning change the City is also requesting a final plat be approved for Lot 7, Block 8, Snow Heights North Addition, 2 nd Section. The plat abandons a curve in the right -of -way for Smithfield and Turner and rededicates the area for developable use, whereby squaring off the boundary of the property. The Planning & Zoning Commission recommended approval of ZC 2013 -08 and FP 2013 -03. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO TEM R©DRIGUEZ MOVED TO APPROVE ZC 2013 -08; ORDINANCE NO. 3253. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.8 FP 2013 -03 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A FINAL PLAT OF LOT 7, BLOCK 8, SMITHFIELD ACRES ADDITION, 2ND SECTION ON 1.125 ACRES LOCATED AT 6936 SMITHFIELD RD. THIS ITEM IS NOT A PUBLIC HEARING BUT IS RELATED TO ITEM C.7 APPROVED Item presented with Item C.7 Public Hearings above. Mayor Trevino called for a motion. COUNCILMAN LOMBARD MOVED TO APPROVE FP 2013 -03. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 APPROVE A DISCRETIONARY SERVICE AGREEMENT WITH ONCOR ELECTRIC DELIVERY, LLC TO PAY FOR A PORTION OF EQUIPMENT RELOCATION COSTS FOR THE CONSTRUCTION OF RUFE SNOW DRIVE PROJECT (MID- CITIES TO HIGHTOWER - ST0202) APPROVED Caroline Waggoner, Assistant Director/Engineering, summarized the item. The City is currently in the right -of -way (ROW) acquisition phase of the Rufe Snow Drive Widening project. Two of the 43 parcels needed in order to widen the roadway are owned by Cncor. One of these properties, a 12.1 acre tract at the southwest corner of Rufe Snow and Chapman, houses a major electric Substation. This tract alone requires the acquisition of 0.77 acres across almost 1,400 linear feet of Rufe Snow frontage. While it is easy to see the major transmission towers, electrical structures and array of overhead lines located on the Oncor property, there are significant underground lines entering and leaving this location as well. The ROW acquisition from this property impacts at least seven underground duct banks, which must be replaced in their entirety (splicing to lower them is not an option). Because this project impacts Oncor facilities located on their own property and not just those items located in the public ROW, a portion of the relocation costs are considered reimbursable by the City. Under the terms of the proposed agreement, the City will reimburse Oncor for a portion of the cost of the needed relocations, based on the actual cost of the work. Current estimates provided by Oncor indicate that the projected City cost will be approximately $190,000. Staff recommends approval of the Discretionary Service Agreement with Oncor Electric Delivery Company, LLC. COUNCILMAN WELCH MOVED TD APPROVE THE DISCRETIONARY SERVICE AGREEMENT WITH ONCOR ELECTRIC DELIVERY, LLC. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. E.2 APPROVE SUPPLEMENTAL AGREEMENT NO. 1 TO THE ENGINEERING AGREEMENT WITH COBB, FENDLEY & ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $121,148.68 FOR THE BOULEVARD 26 - OVERHEAD TO UNDERGROUND UTILITY RELOCATION PORTION OF THE "TIF 1 EXPANSION - INTERSECTION IMPROVEMENTS /UTILITY BURIAL PROJECT" (ED0601) APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. Council is being asked to approve a supplemental agreement with Cobb, Fendley & Associates ( "CFA ") for the CIP Project identified as the Boulevard 26 - Overhead to Underground 'Utility Relocation portion of the "TIF 1 Expansion - Intersection Improvements /Utility Burial Project ". In order to fund the underground placement of the utility lines between the Rufe Snow Drive intersection and the Glenview Drive intersection, the new buried utility lines will need to be buried along the side streets of most properties a nominal distance before they can be transferred overhead again. All of these "side street diistances" are estimated at 3,400 lineal feet. In order to fund final engineering for the entire corridor and the 10 additional easements that are necessary within this corridor, the City will need to amend the initial agreement. Staff has corresponded with CFA and they are willing to honor the same "pricing" as originally negotiated in the initial agreement. As such, the remaining engineering related work necessary for the remainder of the corridor equates to $121,148.68. COUNCILMAN LOMBARD MOVED TO APPROVE AGENDA ITEM E.2. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.0 GENERAL ITEMS F.1 CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE OF "CITY OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 2013 ", INCLUDING THE ADOPTION OF ORDINANCE NO. 3254 AUTHORIZING THE ISSUANCE OF SUCH BONDS, ESTABLISHING PARAMETERS FOR THE SALE AND ISSUANCE OF SUCH BONDS AND DELEGATING CERTAIN MATTERS TO AN AUTHORIZED OFFICIAL OF THE CITY APPROVED Councilwoman Wright Oujesky abstained from discussion and voting. Her employer, Raymond James, is one of the underwriters for the bonds. An affidavit of disqualification has been completed by Councilwoman Wright Oujesky and filed with the City Secretary stating the nature of the interest was her employment with Raymond James. Larry Koonce, Finance Director, presented the item. City staff is exploring the feasibility of a potential bond refunding. Recent market conditions, which include lower interest rates on bonds, have created the potential to refund or refinance existing bonds at significantly lower rates than the original issue. On advice of the City's financial advisor, First Southwest Company, staff is recommending to refund the designated bonds classified as "bank qualified ". This designation allows the City to realize a lower interest rate, thus more interest expense savings, than "non -bank qualified" bonds. In order to keep the "bank qualified" designation the City is not allowed to issue more than $10,000,000 in a calendar year, including refunding bonds. This is the only planned bond issuance during calendar year 2013. The next planned bond sale is scheduled for early in calendar year 2014. In order to give the City some flexibility in negotiating a deal without setting a "fixed date" staff recommends approval of a "Parameters Ordinance ". This ordinance gives the City Manager as the "pricing officer" the ability to approve final pricing only if it falls within the Council's approved parameters. Staff recommends approval of Ordinance No. 3254. COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE No. 3254. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0 -1; COUNCILWOMAN WRIGHT OUJESKY ABSTAINING. F.2 APPROVE ATMOS ENERGY CORPORATION, MID -TEX DIVISION RATE SCHEDULE FOR RATE REVIEW MECHANISM ORDINANCE NO. 3255 APPROVED Karen Bostic, Assistant City Manager, summarized the item. Council is being asked to approve Ordinance No. 3255, the Rate Review Mechanism ( "RRM ") tariff that reflects the negotiated RRM process. For the RRM process to continue, cities exercising original jurisdiction must approve a tariff that authorizes the process. If cities do not approve the RRM tariff, the Company has stated that it will reinstitute its annual filings under the GRIP provisions. The anticipated GRIP adjustment for 2013 would be approximately $5 million higher than the Company anticipates requesting through an RRM filing. Additionally, GRIP rate adjustments would place the entire amount of the Company's requested increase into the customer charge. The ACSC Executive Committee recommends that ACSC city members take action to approve an ordinance authorizing the RRM tariff. Staff recommends approval of Ordinance No. 3255 that would adopt the RRM Tariff and finds the adoption of the tariff to be just, reasonable, and in the public interest. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE 3255. COUNCILMAN EARTH SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 6 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA 6.1 ECONOMIC DEVELOPMENT INCENTIVE IN SOUTHWEST SECTOR OF CITY APPROVED Mayor Trevino called for a motion. COUNCILMAN WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ECONOMIC DEVELOPMENT AGREEMENT WITH WINCO FOODS. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. The City reminds residents that Stage 1 water restrictions are now in effect. Outdoor watering is limited to no more than twice per week based on address. Watering is also prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. For more information, please visit our website or call the Water Conservation Hotline at 817- 427 - 6450. June is Adopt a Cat Month. To celebrate, the NRH Animal Adoption & Rescue Center is offering reduced adoption fees for all cats and kittens this month. For more information, please visit the Animal Adoption & Rescue Center or call 817 - 427 -6570. In honor of Father's Day, the first 100 Dads will get in free on June 16th at NRH2O Family Water Park. Fathers must be accompanied by a child. For more information, visit NRH2O's website or call 817- 427 - 6500. Kudos Korner - Tonja Tilly at the Public Library. A citizen called to thank Tonja for assisting with the arrangements for an association's national Spring symposium. She said that Tonja provided VIP treatment and excellent customer service. In her opinion, Tonja went the extra mile to make sure that she helped in every way she could. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:20 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. B.2 Approve Agreement with Tarrant County Tax AssessorlCollector for the Collection of City Property Taxes - Resolution No. 2013 -016 Presenter: Mark Mills, Budget Director Summarv: This agenda item is to request approval of an agreement with the Tarrant County Tax Assessor /Collector for the collection of city property taxes. General Description: The Tarrant County Tax Assessor/Collector has submitted its annual agreement for property tax collection services. The County has collected property taxes for the City of North Richland Hills since October 1993. During this time, staff has been pleased with the County's performance, customer service and the cost savings realized by the city. A copy of the agreement is attached for Council consideration. This agreement is essentially the same as the previous agreement, though it includes a rate increase. The new rate is $1.10 per parcel; an increase of $0.20 per parcel over the previous rate of $0.90. The County maintained a rate of $0.50 per parcel from 1993 until 2008 when they went to $0.65. The last increase was in 2012 when Tarrant County increased the rate to $0.90 per parcel. The new $1.10 rate equates to an increase of approximately $5,750. In addition, there is a small increase in the number of accounts. The total cost to the City is approximately $31,500 for this service. Staff contacted the Tarrant County Assessor/Collector to determine the nature of the rate increase. They have indicated that the Tax Office, in conjunction with the County Auditor's Office, have completed the most thorough property tax cost review in the history of the Tax Office. The rate increase is a direct result of this review. They have indicated that they believe they are now correctly recovering costs and do not anticipate having to increase the fee as significantly in the future. Despite the increase in cost, the service provided by the Tax Assessor/Collector is still a good value. It would not be possible for the City of North Richland Hills to conduct the same service for the amount charged by Tarrant County. Recommendation: Approve Resolution No. 2013 -016. M RH 10*-*QWil0IQ►I►161WIT11PKIII11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HELLS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Tax Assessor /Collector to collect the ad valorem taxes of the City of North Richland Hills. PASSED AND APPROVED this the 24th day of June, 2013. CITY OF NORTH RICHLAND HILLS In ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary 1-1 U U:ZG] ►1=112- 11411011 to] N k ►,1,1:1III I X0 I I Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director ' TARRANT COUNTY TAX OFFICE 100 E. Weatherford, Room 105 • Fort Worth, Texas 75196 -0301 • 817 -584 -1100 taxoffice @ tarrantcounty.com May 9, 2013 Mr Mark Mills Budget Director PO Box 820609 North Richland Hills, TX 76182 Dear Mr, Mills, RON WRIGHT Tax Assessor - Collector The Tarrant County Tax Office, in conjunction with the County Auditor's Office, recently completed the most thorough property tax cost review in the history of the Tax Office. We have identified all the costs associated with assessment and collection of property taxes for all the taxing entities consistent with other urban counties. Consequently, we are increasing our collection fee for the coming year to $1.10 per property tax account. The fee for out of county accounts will be $2.60 per account. I am confident we are now recovering our costs correctly, and it will not be necessary to change the fee so significantly in the future. The new fee is consistent with other urban counties. In fact, Tarrant will still be significantly lower than Harris, Bexar, and Dallas counties. To put it in perspective, even neighboring Johnson County is at $1.20 per account. State law requires that I charge taxing entities my actual costs for tax collection. Enclosed are two original renewal contracts for the assessment and collection of your ad valorem taxes by Tarrant County for the tax year 2013. After the contracts have been signed, please return BOTH copies to my office to the attention of Sheila. Moore, Entity Liaison. I will mail a fully executed contract to you after the Commissioner's Court has made formal approval of the contract. This will be at the end of September, so the contract will be returned in October. If you require more than one original, please make a copy of the contract and mail all three back to my office. In order to have your contract in place prior to the upcoming tax season, I would ask that you have the properly executed contract returned to me no later than July 31, 2013. In addition to your 2013 contract, I am enclosing an attorney confirmation form Please fill out the requested information, sign and return to my office along with the collection contracts. You will be invoiced for your collection commission by January 31, 2014 with payment due no later than February 28, 2014. The tune for rate calculations is rapidly approaching and many of you are already in budget preparations. Please remember the importance of getting the rate and exemption information to us prior to the September 13` rate submission deadline. My office will provide more information on this requirement in the near future. If you have questions, please contact my Entity Liaison, Sheila Moore, at 817- 884 -1526, or you may contact me at 817 -884 -1106 or by e-mail rjwrighttarrantcounty.cvm. Sincerely, Ron Wright, Tax Assessor Collector Tarrant County Agreement For the Collection of Taxes COUNTYOF TARRANT Agreement made this day of , 2013, by and between the Tan County Tax Assessor /Collector, hereinafter referred to as ASSESSOR/COLLECTOR, and Tarrant County, hereinafter referred to as the COUNTY, both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196 -0301, and the City of North Richland Hills hereinafter referred to as City, whose address is PO Box 820609, North Richland Hills, TX 76182. PURPOSE OFAGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City. NOW THEREFORE, m consideration of the nx ual promises herein contained, the parties hereto agree as follows: L SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to bill and collect the taxes due and owing on taxable property upon which the City has imposed said taxes. The ASSESSOWCOLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property. The services performed are as follows: receiving the Certified Appraisal Roll from the appropriate Appraisal District and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or electronic transfer of data; and payment processing. Ali City disbursements, made by check or by electronic transfer (ACH), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement may be withheld until the cumulative total of taxes collected for the City equals at least one hundred dollars ($100.00), or at the close of the month IL REPORTS The ASSESSOR/COLLECTOR will provide the City the following reports, if requested: Daily, General Ledger Distribution Report Weekly: Detail Collection Report (Summary) Monthly: Tax Roll Summary (Totals Only) Year -to -Date Summary Report Detail Collection Report (Summary) Distribution Report (Summary) Delinquent Tax Attorney Tape Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll A selection of the above listed Reports will only be available by intemet access. The ASSESSOR/COLLECTOR will provide the City the General Ledger Revenue & Expense Report monthly as required by Sec. 31.10 of the Texas. Property Tax Code. CHI. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of one - dollar and ten cents ($1.10) per account located within Tarrant County, and two - dollars and sixty cents ($2.60) per account located outside Tarrant County. The number of accounts billed will be based an the October billing roll certified to the ASSESSOR/COLLECTOR, net of subsequent account additions and deletions made by the Appraisal District. The ASSESSOR/COLLECTOR will invoice for these accounts by January 31, 2014 with payment to be received from the City by February 28, 2014. The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid by the entity. IV. AUDITS The ASSESSOR/COLLECTOR will provide to the City auditor necessary explanations of all reports and access to ASSESSOR/COLLECTOR in -house tax system computer terminals to assist the City auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. Y. TAX RATE REQUIREMENT The City will provide the ASSESSORICOLLECTOR, in writing, the City's newly adopted tax rate and exemption schedule to be applied for assessing purposes by Friday, September 13, 2013. Under authority of Section 31.031 (h) of the Property Tax Code, any additional cost of printing and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the City. The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. Ii! COMPLUNCE WITH APPLICABLE STATUTES, ORDINANCE'S, AND REGULATIONS In performing the services required under this Agreement, the ASSESSOR/COLLECTOR shall comply with all applicable federal and state statutes, final Court orders and Comptroller regulations. If such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of that fact and the reasons therefore. I{IL DEPOSIT OF FUNDS All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City shall be promptly transferred to the account of the City at the City's depository bank. All payments to entities will be made electronically by the automated clearing house (ACH). The ASSESSOR/COLLECTOR has no liability for the Rinds after initiation of the ACH transfer of the City's funds from the COUNTY Depository to the City's designated depository. VLU.. INYESTHENT OF FUNDS The City hereby agrees that time COUNTY, acting through the COUNTY Auditor, may invest collected ad valorem tax funds of the City during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the City all interest or other earnings attributable to taxes owed to the City. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the City. Lx REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSORICOLLECTOR will advise the City of changes in the tax roll which were mandated by the appropriate Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided to the ASSESSOR/COLLECTOR.. All refirnds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection finictions begun and the tax account was at the time of the over or erroneous payment within the City's jurisdiction. The proportional share is based upon die City's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. In the event any lawsuit regarding the collection of taxes provided for in this agreement to which the City is a party, is settled or a final judgment rendered, and which final judgment is not appealed, and the terms of such settlement agreement or final judgment require that a refund be issued by the City to the taxpayer, such refund shall be made by ASSESSOR/COLLECTOR by debiting funds collected by ASSESSOR/COLLECTOR on behalf of the City and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgment. X. DELINQUENT COLLECTIONS The ASSESSORICOLLECTOR will assess and collect the collection fee pursuant to Sections, 33.47, 33.45, 33.11 (changed order) and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will collect attorney fees that are specified by the City through written agreement with a delinquent collection Attorney. The ASSESSOR/COLLECTOR. will disburse the amount directly to the City for compensation to a Firm under contract to the City. If the delinquent collection Attorney contracted by the City requires attendance of ASSESSORlCOLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's expenses and proportionate salary will be the responsibility of the City and will be added to the collection expenses and charged to the City. The .ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided to the ASSESSOR/COLLECTOR. XI. TERM OFAGREEMENT This Agreement shall become effective as of the date hereinabove set out, and shall continue in effect during the 2413 tax year, unless sooner terminated by providing sixty (64) day written notice, as outlined in paragraph X[I. N077CES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. ►66111 MISCELLANEOUS PROVISIONS This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concer this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed on the day and year first above written, Tarrant County, Texas. BY: RUN WAIGHT, DATE TAX ASSESSOR/COLLECTOR TARR,4NT COUNTY FOR Cite of North Richland Hills BY: _ DATE TITLE: FOR TARRANT COUNTY - BY• R GLEN WHITLEY DATE TARRANT COUNTYJUDGE APPROVED AS TO FORM *AND CONTENT BY: DISTRICT ATTORNEY'S OFFICE DATE *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. B.3 Amend Section 14 -2 of the Code of Ordinances of the City of North Richland Hills, Texas and the Definition of the Term "Pet Animal" - Ordinance No. 3257 Presenter: Chun Mezger, Humane Services Supervisor Summarv: Ordinance No. 3257 is to amend the definition of pet animal to include ferrets as a household pet animal and not as a restricted animal. General Descrirstion: Section 14 -2 of the Code of Ordinances lists the definitions used in the animal ordinance section. The amended definition for `pet animal' shall include ferrets as a pet animal. Council approved a revised animal ordinance on April 22, 2013 that defined ferrets as pet animals, however, one contradictory sentence was retained from the previous ordinance that excluded ferrets from the household pet animal definition. This amendment will correct the oversight and define ferrets as household pet animals. Recommendation: Staff recommends approval of Ordinance No. 3257. NRH QNI]I►1.1e[a]� *1 AN ORDINANCE AMENDING SECTION 14 -2 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAN'D HILLS, TEXAS AND THE DEFINITION OF THE TERM "PET ANIMAL "; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a (home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that amendment herein established is in the best interest of the health, safety and welfare of the citizens of North Richland Hills, Texas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Section 1: That the definition of the term "pet animal" contained in Section 14 -2 of the Code of Ordinances of the City of North Richland Hills, Texas is hereby amended to read as follows: "Sec. 14 -2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Pet animal means, and shall include dogs, cats, ferrets, rabbits, rodents, birds, nonpoisonous reptiles, and other species of animals which are sold or retained as household pets but shall not include skunks, nonhuman primates, and any other species of wild, exotic, or carnivorous animals that are susceptible to rabies, but not animals that may be vaccinated for rabies, and that may be further restricted in this chapter. Section 2: The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of North Richland Hills. Section 3: This Ordinance shall be in full force and effect from and after its passage and publication as required by ilaw, and it is so ordained. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 24th day of June, 2013. ATTEST: Patricia Hutson, City Secretary +] ►J=I ll_l& 011111010 j 1=1'► 11111 xHi141 viii George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor JoAnn Stout, Director of Neighborhood Services M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. C.0 PUBLIC HEARINGS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. C.1 ZC 2013 -05 Public Hearing and Consideration of a Request from Winkelmann & Associates, Inc. for a Zoning Change from C -1 Commercial and AG Agricultural to NR -PD Non - Residential Planned Development for a retail shopping center on 26.94 acres at the southwest corner of North Tarrant Pkwy & Precinct Line Road - Ordinance No. 3256 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of Newquest Properties, Chesapeake Land Development Company and Jeddiah J. Bell, Jr., Winkelmann & Associates, Inc. is requesting a zoning change from C -1 Commercial and AG Agricultural to NR -PD Non - Residential Planned Development based on C -1 Commercial uses and regulations on 26.94 acres at the southwest corner of North Tarrant Parkway and Precinct Line Road. The developer, Newquest Properties, plans to immediately construct a 123,000 square foot grocery anchor, associated gasoline pumps, and a 16,800 square foot retail strip building. Eight retail/restaurant pad sites would either follow or coincide with the construction of the major anchor development and would be located along the site's street frontage. CURRENT ZONING: The 20.16 acres on the north half of the property is currently zoned C -1 Commercial. The remaining 6.78 acres is zoned AG Agricultural. A rezoning is required to place the entire development under one common zoning district, and an NR -PD zoning was chosen primarily because of the requirement for separate Special Use Permits (SUPS) for a detention pond and a fuel /gas station, among other elements discussed below. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" uses for the area already zoned "C -1" and "Low Density Residential" for the area already zoned "AG." SURROUNDING ZONING 1 LAND USE: North: PD Planned Development (Wal -Mart) I Retail West: C -1 Commercial 1 Retail South: R -2 Residential & AG Agricultural 1 Low Density Residential East: City of Colleyville PLAT STATUS: The property is currently described as Lot 7, Block 1. Davis -North Tarrant Pkwy Addition; Lot 3131 of the Brentwood (Estates Addition; and as three unplatted tracts within the W.C. Newton Survey, Abstract No. 1182. A Preliminary Plat is scheduled for the June 20 Planning & Zoning Commission meeting agenda which will create a total of eleven lots, one of which will be fully encumbered by a detention pond. A Final Plat is currently in staff review and is expected to reach City Council on August 12. THOROUGHFARE PLAN: The property has frontage on North Tarrant Parkway and Precinct Line Road. Worth Tarrant Parkway is identified on the Thoroughfare Plan as a "P61D" six -lane divided principal arterial with 200 feet of right -of -way. Adequate right -of -way exists along this property's frontage, however traffic generated by this development warrants a mid -block traffic signal to be shared with the Wal -Mart entrance at the existing median cut. An additional median opening was requested further east and will also be shared with an existing driveway for Wal -Mart directly across from the existing driveway serving the Murphy USA gas station on the Wal -Mart property. Pavestone crosswalks consistent with the theme along North Tarrant Parkway will be provided at all four driveway entrances to the development along this corridor. . , ..v M TAFVA dT PAi MY - - r c.. :x oar- a -wn•i � e _ F-� =ii 1 _ �o — i"r �r�i 1' T7 -i iTr r_i ! � 1 d i i 1 113 i . fi - '� The development will require one new traffic signal and one new median opening along North Tarrant Parkway. Precinct Line Road is designated as a "P7U" seven -lane undivided principal arterial with 130 feet of right -of -way. Adequate right -of -way exists along this property's frontage. One restricted (full -in /right -out) driveway with a deceleration lane for southbound Precinct Line traffic exists on the property and will remain. A residential driveway at the southeast corner of the development will be converted to a 30' wide full - access commercial driveway. An internal access point is being provided to allow this new commercial driveway to also serve the property to the south when it develops in the future. TxDOT has provided conceptual approval of this configuration. TREE PRESERVATION & NEW PLANTING: The site is fairly open, with large stands of trees on the north side and on the existing residential property ( "AG" -zoned property) and other smaller clusters elsewhere. Because of the challenging topography, however, most of trees are proposed to be removed. The focus of tree preservation is along the streets, so the applicant has proposed to take credit for existing trees to be preserved along the street frontages and plant additional trees on site above and beyond the normal requirement. The following chart describes tree preservation, removal and replacement on the site. Total Count 2 67 Total Caliper 1 3,5907 inches 1576inches 176 2inches Trees located in building pads, fire lanes and utility /drainage easements are included in these numbers, although they may be removed according to the Tree Preservation Ordinance. 2 This number does not include a large generalized stand of trees on the site PLANNED DEVELOPMENT REGULATIONS: The proposed NR -PD Regulations and Site Plan documents (attached) cover a variety of items. This NR-PD serves the following main purposes: 1. Permit the installation of a Detention Pond. Section 118 -729 of the Zoning Ordinance —added January 14, 2013— requires the approval of a Special Use Permit for detention pond facilities. The proposed facility is required because the downstream stormwater system is not adequately sized to collect direct runoff from this site. The proposed detention facility, located at the southeast corner of the grocery and retail building, will slow runoff and release it at a rate appropriate for the existing public stormwater lines. Concrete pilot channels will help it remain dry and free from standing water. The location of the facility also allows the opportunity to screen the rear of the proposed retail and grocery building with large trees. 2. Service Station I Fuel Pumps. Service stations with 9 pumps or more require a Special Use Permit in the C -1 Commercial Zoning District. As such, the applicant is requesting entitlement of a service station in the NR -PD, which would be specifically tied to the grocery tenant and on the same lot. 3. Automobile - related Uses. The applicant has requested that auto - related uses such as automobile lubrication, automobile inspection, and auto stereo /alarm/window tinting store (i.e. Car Toys, Tweeter, etc.) also be approved as part of the NR -PD. The applicant has agreed to limit those uses to only one of the last two pad sites to develop. 4. Allow for flexibility and creativity in the landscaping requirements. Because the depth of the parkway area of North Tarrant Parkway (distance from property line to street pavement) is abnormally large for NRH, the applicant has proposed reducing the depth of the landscape setback from 15 feet to 10 feet. This same type of "variance" was permitted for E -Care at the corner of North Tarrant Parkway and Davis Boulevard. It also sets the site 5' further away from future residential uses to the south of the project. 5. Signage. Two large development signs of 21' in height are proposed and two oversized monument signs of 8'6" are proposed. Each pad site also has one 7' monument sign. The standard height for a commercial monument sign is 7'. The 8'6" sign is permitted for large commercial properties with multiple tenants, but the proposed signs go above and beyond the typical permitted signage. Gas price signage is also proposed on the southern facade of the gas pump canopy, a sign type that would normally not be permitted. 6. Use of EIFS beyond 15 %. All side and rear elevations of the proposed building meet the masonry requirement of 85 % minimum. To better articulate the front fagade, provide pedestrian canopies and a better mix of materials, however, the storefront of the grocer building uses nearly 31% El FS. 7. Please see "Land Use and Development Regulations" attached for additional items specific to this Nonresidential Planned Development. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their June 6, 2013 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3256; ZC 2013 -05 as presented. LOCATION MAP L 1 4 s I — I F///, North Tarrant Pkwy r r T Ma ON j C C m n r +D 0 PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF '.NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: ZC 2013 -05 Applicant: Wlnkelmann & Associates, Inc. Location: Southwest Corner of NorthTarrant Pkwy & Precinct Line Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached) map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Winkeimann & Associates, Inc. for a Zoning Change from C -1 Commercial and AG Agricultural to NR -PD Non - Residential Planned Development for a retail shopping center on 26,94 acres at the southwest corner of North Tarrant Pkwy & Precinct Line Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 6, 20'13 CITY COUNCIL 7:00 PM MONDAY, JUNE 24, 20'13 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of Forth Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76184 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS City of Colleyville A -S 43 Quest/Sears LP Chesapeake Land Dev Co LLC Community Development Suite 200 6100 N Western Ave 100 Main Street 8807 W Sam Houston Pkwy N Colleyville, Texas 76034 Houston Tx 77040 -5346 Oklahoma City Ok 73118 -1044 Bell, Jeddiah J Jr Etal 1600 Noble Way Flower Mound Tx 75022 -8106 RatclifF, Gene Etux Joan 8161 Precinct Line Rd Fort Worth Tx 76182 -8607 Golightly, Don C Etux Janet G 8165 Precinct Line Rd Fort Worth Tx 75182 -8607 North Richland Center I LP 6210 Campbell Rd Ste 140 Dallas Tx 75248 -1 380 Dhog LLC & Ztcp LLC CIO Walgreens Co 104 Wilmot Rd # Ms 1435 Deerfield 1160015-5121 Johnson, Charles A Etux Tracy 9017 Thornway Dr NRH Tx 76182 -8637 Singh, Sohan Etal Manjit & Herminder Singh 103 Belmont Place Cir Southlake Tx 76092 -5123 Burch, Glenn B Etux Donna B 8324 Thornridge Dr NRH Tx 76182 -8641 Wal -Mart Real Estate Bus Trust % Re Proerty Tax Ms 0555 PO Box 8050 Bentonville Ar 72712 -8055 Murphy Oil USA Inc Wachovia Bank Na 200 E Peach St Maca 0109 -101 333 Market St 10th FI El Dorado Ar 71730 -5836 San Francisco 94105 -0000 ORDINANCE NO. 3256 ZONING CASE ZC 2013 -05 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 26.94 ACRE TRACT OF PROPERTY FROM C -1 (COMMERICAL) AND AG (AGRICULTURAL) TO NR -PD (NON - RESIDENTIAL PLANNED DEVELOPMENT) ZONING AND APPROVING REGULATIONS FOR SUCH PLANNED DEVELOPMENT; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland 'Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 26.94 acre tract of land at the southwest corner of North Tarrant Parkway and Precinct Line Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from C -1 (Commercial) and AG (Agricultural) to NR -PD (Non - Residential Planned Development) zoning and the approving the (NR -PD District No. 69) Land Use and Development Regulations attached as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 24th day of June, 2013. A s ►,1a11*iii Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ► -W U:19]►1=I'IF -IRM 119I+161►1021 :16 Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXHIBIT A STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, We, North Texas Acquisition, LL.C., Jeddiah Johnson Bell Jr., Dicky Lee Bell, Danny Wayne Bell Debra Susan Bell, Stephanie De Ann Browning, Lisa Michelle Browning Hanson, and A -S 43 Quest/Sears, L.P. are the sole owners of a tract of land situated in the THOMAS PECK SURVEY, ABSTRACT NO. 1209 and the W. C. NEWTON SURVEY, ABSTRACT NO. 1182, in the City of North Richland Hills, Tarrant County, Texas, being a portion of a tract of land as described in deed to North Texas Acquisition, L_L.C_, by deed recorded in County Clerk's file No. 01208138616, Official Public Records, Tarrant County, Texas, as affected by Affidavit Regarding Certificate of Merger and Amended Articles of Organization recorded in County Clerk's file No. D209046006, Official Public Records, Tarrant County, Texas, and being the all that property described in deed to Jeddiah Johnson Bell, Jr., Dicky Lee Bell, Danny Wayne Bell, and Debra Susan Bell as recorded in County Clerks Instrument No. D209011790, Official Public Records, Tarrant County, Texas and also being all that property described in deed to Stephanie De Ann Browning and Lisa Michelle Browning Hanson as recorded in County Clerk's Instrument No. D212072789, Official Public Records, Tarrant County, Texas and also being all of Lot 7, Block 1, Davis -North Tarrant Parkway Addition, an addition to the City of North Richland Hills. Tarrant County, Texas. according to the Plat thereof recorded in Cabinet A, Slide 11710, Official Public Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a brass Texas Department of Transportation (TxDCT) monument found for comer on the West right -of -way line of Precinct Line Road, a variable width right -of -way, said point being the Southeast corner of said Bell tract, said point also being the Southwest comer of a tract of land described in deed to the State of Texas as recorded in Volume 12093, Page 1153, Deed Records, Tarrant County, Texas, said poirrt also being on the North line of a tract of land described in deed to Dan C. Golightly and Janet G. Gclightly as recorded in Volume 11936, Page 1675, Deed Records, Tarrant County, Texas; THENCE North 89 deg 37 min 46 sec West, departing the West right -of -way line of said Precinct Line Road, along the South line of said Bell tract and the North line of said Golightly tract, a distance of 1 feet to a 518 -inch iron rod with a plastic cap found for comer on the Easterly South line of a tract of land described in deed to North Texas Acquisition, L.L.C. (now known as Chesapeake Land Development Company L.L.C. per Affidavit Regarding Certificate of Merger and Amended Articles of Organization as recorded in County Clerk's Instrument No. D209046006, Official Public Records, Tarrant County, Texas) as recorded in County Clerk's Instrument No. D208138616, Official Public Records, Tarrant County, Texas; THENCE North 00 deg 51 min 52 sec West, along the West line of said Bell tract and the Easterly South line of said Chesapeake tract, over and across a portion of said Chesapeake tract, a distance of 514.89 feet to 112 -inch iron rod with a red plastic cap stamped "W.A.I." set for corner; THENCE South 88 deg 48 min 00 sec West, a distance of 595.26 feet to a 112 -inch iron rod found for corner on the West line of said Chesapeake tract and the East line of Lot 2, of Lot 1, Lot 2, Davis -North Tarrant Addition, an addition to the City of North Richland Hills, Tarrant County Texas, according to the Plat thereof recorded in Cabinet A, Slide 4789, Official Public Records, Tarrant County, Texas; THENCE North 00 deg 13 min 50 sec West, along the West line of said Chesapeake tract and the East line of said Lot 2, a distance of 291.96 feet to a 112 -inch iron rod with a plastic cap found for corner on the South right -of -way of N. Tarrant Parkway, a variable width right -of -way, said point being the Northwest corner of said Chesapeake tract and the Northeast corner of said Lot 2; THENCE North 88 deg 46 min 10 sec East, along the South right -of -way of said N. Tarrant Parkway and the North line of said Chesapeake tract, a distance of 1,655.04 feet to a 112 -inch iron rod with a red plastic cap stamped °W.A.I." set for comer on the North line of said Lot 7; THENCE South 86 deg 34 min 44 sec East, continuing along the South right -of -way of said N. Tarrant Parkway, a distance of 70.10 feet to a brass Texas Department of Transportation (TxDOT) monument found for comer at the Northerly end of a corner clip at the intersection of the South right -of -way of said N. Tarrant Parkway with the West right -of -way line of said Precinct Line Road; THENCE South 49 deg 46 min 50 sec East, along said corner clip, a distance of 76.00 feet to a 112 -inch iron rod found for corner; THENCE along the West right -of -way line of said Precinct Line Road, the following courses and distances South 07 deg 41 min 24 sec East, a distance of 22.24 feet to a 112 -inch iron rod found for corner; South 00 deg 50 min 50 sec East, a distance of 100.72 feet to a 112 -inch iron rod with a plastic cap found for corner; South 07 deg 41 min 24 sec East, a distance of 88.47 feet to a 112 -inch iron rod with a plastic cap found For corner; South 06 deg 16 min 52 sec East, a distance of 116.85 feet to a 112 -inch iron rod with a plastic cap found for corner; North 83 deg 42 min 39 sec East, a distance of 12.09 feet to a 112 -inch iron rod with a plastic cap found for corner; South 06 deg 17 min 38 sec East, a distance of 221.03 feet to a 112 -inch iron rod with a red plastic cap stamped) "W.A.I." set for corner, said point being the Northeast corner of said Bell tract; THENCE South 02 deg 16 min 50 sec East, continuing along the West right -of -way line of said Precinct Line Road and the East line of said Bell tract, a distance of 233.33 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 1,173,506 square feet or 26.940 acres of land, more or less. Bearings shown hereon are based upon an on- the - ground Survey performed in the field on the 26th day of August, 2012, utilizing the City of North Richland Hills Geodetic Control Stations "GPS -28" and "GPS -30 ", along the west line of Lot 7, Block 1, Davis -North Tarrant Park -way Addition having a bearing of North 01 deg 12 min 01 sec West (plat - N00 °41'24 "W), recorded in Cabinet A. Slide 11710. Plat Records, Tarrant County, Texas. ZONING BOUNDARY EXHIBIT .. 1 wa rw.ax �.I,aur�aa�l orm F� - bute0. CN . enw -- mbwf Po•.rywne re..e oarmcpu xa. a uy��e�x cwn� %vv ms nw..r>�.a.. *mxP f - •••.+e.n. ee.g.r r•�mwM .rtm nmm� we[pvrri •.. <Mw n CArc+. n. meo 11T'u. o!I.r rp. quvta.rsmta Yf.'rca»...e+.tq rcaa [ z�s �i wmciw�imal�ir'o[ireWr�ir u+rl �xr�e. o lr Yenm rum. uv�n Iwnr se eao[artesf»xa!!PO.�x brlNe +eren rmr m..saP rlr weq.rt. ar .11. 11 at n.kao P.n. avwncu m-1 nrn P.a.m rm m`ma q..b k+mtm .au�ree•rwn. ern�c..r,emami.aar mn r,...aw�.a�mw.. p.0 �. .r x, �NV•E. per r•.mci i iY. P4, ikwra. laxw n se..Y: -x f➢3+- r roaxwvrrc.d arr�rc....:.r eer.M'�n�fYw tw..c. Gx. M.v� •..rAPra w. rub cave u.M rmrrne ;w�..ry mcm ra x+m �brnnaiaa •t� : -- - .. n Frawarn' P.. — y �'� 7 fib t VICIMRN YAP Nair .a vc � �t yr ExBPHC c�Ot11N0- F9 wLllR€C LEVEU".NNErvi •Gi ICCYJA1f kfarvl BM E) � £ n Frawarn' P.. — y t N8A'v8's0 E _ T _ _ � _ — — ( 656 nm. c nanx�rc'in *nm50 °� re u'nEe'ccrtl q l _ ERSTiNIC £CNIH6 -C -I 1 5 1 11 rwmxvr o P LC. a5 EUrtes L6E =M-L e.ELC _ I V 3 f I PfwM3xb a - {PROPOSED ZONING Pfd -CSI M w ¢ .—Tor CCMn1EP5.I - r 5 � C'j �I .�_ d RuFLRE �AMO t/9E -UlYl blw'bEr131 Fr RE90ENik�1 �� a nnwre �effir.,trm �� IgrII 2`i23T' N8B`57-0Z w —_ i...r Pe1..nati Nit'x..m Jtlnau �R..:.aL.e R.d.'rn.NVa wrbbv.YNPm � 9 d n Enw.r axr wew � d _ ultmerv..ee fNru .IdFmJa fxfuNUflaxrrc -hr. Wiliam P. Nrr EXHIBIT B Nonresidential Planned Development (NR -PD District No. 69) Land Use and Development Regulations North Richland Hills, Texas This Nonresidential Planned Development (NR -PD) District shall adhere to the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a "base district" of "C -1" Commercial District. The following regulations shall be specific to this NR -PD District. Where these regulations conflict with, or overlap another ordinance, easement, covenant or deed restriction, these regulations shall prevail. k0l L , I 10 Permitted Land Uses. Uses in this NR -PD shall be those permitted in the "C -1" Commercial District and shall also include the following: a. Seasonal sales. Seasonal Sales (Mother's Day, Valentine's Day, Christmas tree sales, etc.) shall be permitted in the parking lot where shown. Cash registers are permitted in conjunction with seasonal sales areas. b. Outdoor safes / display. Outdoor sales/ display shall be permitted where shown.. 2. Approved Special Use Permits. The following uses, which typically require approval of a Special Use Permit, shall be permitted under this NR -PD District: a. Detention Pond. A detention pond facility which generally meets the design criteria of Chapter 102 and Section 118 -729 of the Code of Ordinances and the attached exhibits; b. Service Station. Fuel pump and kiosk with limited outside sales display shall be a permitted use provided it is in conjunction with a grocery store on the same lot. c. Automobile inspections station, auto alarm /stereo /window tinting store, automobile lubrication center, or a combination thereof shall be permitted after six or more pad sites are fully developed. At that time, one or a combination of said uses shall be permitted for one pad site on the overall development. 3. Development Regulations. This NR -PD shall follow the development regulations of the "C -1" Commercial District, with the following additions and exceptions. a. Screening Fence. A six foot (6} masonry screening wall shall be provided along the south property line. Said wall shall be double -sided decorative concrete, have minimum 18 -inch columns„ minimum eight foot wide wall panels, and a minimum three inch wall thickness. b. Residential Setback. All buildings shall be setback a minimum of fifty feet (50') from any residential property line. c. Building Height. There shall be a maximum building height of thirty -five feet (35'). Architectural elements may extend to a maximum of fifty feet (50'). d. Bike Rack. Inverted "U" bike racks shall be provided at each lot. e. Driveways. Driveway openings at North Tarrant Pkwy. Median openings may be up to forty feet (40') wide. f. Visibility. Visibility sight triangles shall be measured from edge of pavement and not property line. g. Architectural Elevations The 15% allowance for EIFS accent area on exterior facades per Section 118- 674(b) may be increased to 31 % on the north facade of the grocery anchor building. All other masonry provisions of said section shall remain applicable. ii. Construction Plans for the grocery, fuel and adjacent retail shall generally comply with the facade drawings attached to this ordinance. iii. Pad site buildings shall utilize similar building material and shall attempt to complement the architectural style or certain elements of the grocery store and adjacent retail. iv. The color of the standing seam metal roof on the Kroger Fuel Elevation is subject to change to match the building elevations. 4. Administrative Approval of Site Plans. The purpose of this NR -PD is to provide Land Use and Development Regulations beyond the scope of what is typically required. Site plans which comply with all development related ordinances and this Ordinance shall be administratively approved by the staff Development Review Committee. Deviations from the regulations provided herein shall require City Council approval of a zoning change to revise this Nonresidential Planned Development. LANDSCAPING 1. The Landscape plan for the overall shopping center shall be a Master Plan as a guide for future pad site development. 2. Buffer Yard Regulations. An average of twenty foot (20') landscape buffer (15' minimum) shall be maintained along the residential property lines. Said buffer shall have the plant material as per the Landscape Plan attached. a. The placement of these trees shall be credited toward the tree replacement requirements of Section 114 -35 of the Tree Ordinance. 3. Detention Pond Landscaping. a. A minimum of one (1) large tree shall be provided per 2,500 SF of area of the Detention Pond. The placement of these trees shall be credited toward the tree replacement requirements of Section 114 -35 of the Tree Ordinance. 4. Landscape buffer along North Tarrant Pkwy. shall be ten feet (10') in width. 5. A maximum of ten parking spaces may be located further than one hundred feet (100') from a large tree as per the Landscape Plan attached. SIGNAGE 1. The site signage shall comply with the exhibits attached to this ordinance. Locations of signage may be adjusted, however all signs will comply with the exhibits attached to this ordinance. 2. EIFS caps shall be permitted on site signage. PD EXHIBITS 1. Zoning Exhibit 2. Site Plan 3. Landscape Plan 4. Elevations and Renderings 5. Photometric Plan 6. Detention Pond Details 7. Signage Drawing SITE PLAN PIP � u ® I I I� (I , RJR IiaTw�aten YICNIT' MAP ! y Hr I I , ! ... �P ffim bra 5 13n T�9 1 o tT7 �� t "• h $ e. Il e. Il "' IT L 01 w• w ti tl `, •>. ) W SJ - L�Q [,L_. T J1 LEfEHO - L 9 * ` ` i� rr L SIGN TYRES cwt GAfE 0.- SHOPPING CENTER 9Ory ____ , r aR�R...•R —�� -I IARI] N- SINGLE PAD MdNLIMEM T Si GM ['>p -•u: � �r�.Tx wla�tiq' - ~� ('YP) MATERIAL i6 MATG+i I-u I, r a• 90LLARV (TyP) DULIPSTER PLAN OOJBLE PAD MONUMENT SIGN B- FUEL MONUMENT SON WT11WR SAiX5 / DINPLAY AMA WM NNII" UNTIN�OUS — 2 TPTE3 PPFSFAYEO fN LC'TS 3 -R dt 8 -11 Arm 31 TO a K -AL ONDIM WR� CITY ORPNI+ U- WaMWENT ATE MAMS MAY NECL. aITATE THE �& OF 306E W ALL TREES. -L , EIIJILDIW�S ELEVATIONS -` GATE � 4 P� dGLLAR -. s -• ©UMPSTER ELEVATION r:xru j— 17F_'li�l4 - -A TY Ah R�m� N � � c�i�� � F • i awn + �_drar. �p�np�TSp y( ��rd d 6xeN .Lxvr aip�v °•bt h vi1 yh tlwdlMn N� d1w WM a wN 1mR{a a nmgm�N pv� m w e n ye f, y ou. m d. � e n..R � rer PET N MMOem e1 b q.�Nilry mgN�ryM aly y�.leYp pw4 ra [dI rm�m .RRa to arse a[ 6•NbdT drv.INn. �e e iN O r Xo H _ U q D = p" YG 2OWM DEVELOPMENT SYN OPSIS NAjOR LEAS° SHOPPIPG CS7'I7E TWTS LAHO A MA PAIMA N C. H PANG WLgC WN PIAI9NG 6A•lfl 1RAQS i - ixrj �� PNtNIN3 (wr. s) 1 .W RRTIO I. W6'♦yrldK x Ld' T Imo. 1]Ai � 1 ii! Alb 16 !!2 MII I,OT'Y x ,I I& ZRNT 6.m "Y lF1W x ass 6n ]• n tt�x LOT'S i1M4 ifJ WIT ti bO a Mel a� LOT T aTw ® uw a All ae1 InT Y' Mfi/ .ss 0.6N ra Ai TIl1 ILT 9+ GT.IW L� SRIO ,T Oi P ii i.l. Ern �' tl +l6O I u 0.1Atl fa m • Ile ' ¢aS LPiY ORWO Mm 0.BOa is H 8 b tm tt OA,MI aM MT. a,,Tyw ft" tal' -ea ,aa t.na SI ill im ELEVATIONS 01 WEST ELEVATION E9 May 24, 2013 North Richland Hills, TX 900513,74 WtadA Pwmntmffi %Hh A�i &Wh I Et IS spn 1 14% 0% e IIA7% 1 9 1 iF3r8 .66%. 0 m 01% C h arch i Lecture + d e s. g SOUTH ELEVATION EAST ELEVATION Kroger Store SW535 C e'2„ = E9 May 24, 2013 North Richland Hills, TX 900513,74 WtadA Pwmntmffi %Hh A�i &Wh I Et IS spn 1 14% 0% e IIA7% 1 9 1 iF3r8 .66%. 0 m 01% C h arch i Lecture + d e s. g SOUTH ELEVATION EAST ELEVATION Kroger Store SW535 le, r -! L/ Ull b LAJ . ---- — - Vi i. v --- - ------ ------ ------- ex ----- as NORTH ELEVATION . E - - PAP W w 30 Of Bir EAST ELEVATION _al� U l EAST ELEVATION tOFTIONAL DRIVE THRU) PROPOSED RETAIL ELEVATIONS NORTH RICHLAND HILLS NewQuest P R 0 P E R T I E S SOUTH ELEVATION Kroger y . North Elevation West Elevation roqqr --- - -------- wti East Elevation "C:O' Kroger South Elevation 3116' = 1' -13" %% May 28, 2013 Kroger SW535 North Richland Hills, TX 900513.T4 C k arc h I Le ct ure + r, 3D Views From Property Line Kroger Store SW535 May 10, 2013 North Richland Hills, TXC h ej 900513.74 architecture + u u s i - Li •i r L f�oQer c 3D Views May 10, 2013 Kroger Stare SW535 North Richland Hills, TX 000513-74 C k ramhitecture } 0 > c i n 'i LANDSCAPE PLAN SHEETS I. si am t-2 BNEEr L -s s 1 L t- L r r - -- JJ t•}_ ---- 1� — _ _"` �i �I r,./�� �"n ��//}"� "�.?� /w i. ©ii �"1'. y± a�'4P`M4C W Joe �W16CC, i4 lC�- •[° R �� e9 ql � � — � °""•i- iI I -�' 1 � ut0.Mi awG PWw ut uR GaV{Y W[a I 9 �� • F � I I � � >�F4f4�0, IaE - ��11��,, w: a, vwcm •m..nc a � �' ,,.], � tl a � ti waatis sce wwu a �kvrracn"sa r>exuonans r� � �u - -�' v , Lr_ ___ .� �_L_ __ __. _ e y NL Mm 0.4YR Mev _ 1 Lij fll w caur� ona� oc. Lu � 2 SHUT Br8 � - - 9"m L-4 5 w mm, TURF � � a ca .,DJACCINT TO NORTH TAM". ND V DAL �..a ue a T:NW— IIyb kA OLL K aUlOOD V HST ,,....,, PrEePICY UNE SOU BOUNOAxs. SLOPES a LOT ary IN a MT." ANEAS W*WT A mImm Tn CONTRACTOR SHALL APPLY FRESH IN DE M OF xsx AND IN A w FARFdNC s .mA IRRGATCN sm Vlmn T0 's MLAJDH +0 A DEPTH OF +', TWO ISLAND swan BE SCUD Sao cxNQ+x PARR4 LOT MANO INTN TURF. RWRGN41LdI T1Rr IN _ - � WEEKS PRICA TO OPENING" CONTRACTOR NO$ 114E OpTow TO ALL 0 HO O$TIRBEQ AREAS AS IBENTR[D CPI GRAM t nnw. DATE OF QKNIND BY OWNER, NYTIRONULpE BERMUDA TURF ELSEWHERE +�.r AND ER09ON CUN RANG. AU ""rACE AND SM r�P65 .N¢ w REW+F w;aC %TON. ES SR A N D Ft, IF TE D Er IS YO N4i # 9 y w .. ND LANDSGaoE PARKING ALL D I S TU R B ED A AFR7 AR E A S P RIO R T8 R UNG B N $ d R 1YRHIN 78 OF PARKING � OETUAR RN .. lAi O4R9S- NA,T, [NDTICE OF TERdMI ATIONj THE T GENERAL DCNTRALTON HAS 'TO INST4-t R" 3.O too-D0 a= TURF ADJACENT TO NOMM VARRMff, PRECK417 LINE. WIM SMINDA", MOMS IN C SAS OF 25.4 AND IN ANY PARKING ISLAND StIALL BE 5QUD SCU GENERAL DONTRWMR HAS 7W CIMOK TO -NDROULILCH BERM" TURF M-qEWHM ON SIM HWEVER IF GRAM IS NOT ESTABLISHED AND ACCEPTED BY OWNER IN ALL OrSTMEIED AREAS PRIOR TO FILING NO.T- (NOME OF TERMINATION) THE UNUM CONTRACTOR HAS TO nMSTALL SDO. 4 -ob - Ax C.7 fn7 I Zop L HIS I rl ICI 10L No IVUsAlWE PLWRNGS WITHIN 19' OF PARKING LOT OuRes. 1w ROOT P� AT ft� OF �.�M M. lij a F all L, . 9m' a FT ~ O—OF — DO VOT T 11W AT ml� UhE IAdE� DRIP 31 aT' AR GT. DO NOT PAM OR um Do NOT VAW DWOOR�TE MIA= — is V.— all 5,0RE my 'DORMUMIN mpLHENr nmArm DAP ll L NATiPINZ Bif M OW UK. AcRP Tree Sum" y Tree Survey liw Sum" Trm Survey -- : - Z 4— ------- & �t�f. ---29mr— ZZ WT 5P AT OWAAR rNDTE. MO MUNNO OF TIFFS TRIBE PRl1NINE; 90AiL ROTA: GIFLomwum CE EL 3 xa LLj cL 'n Lj Or Ld b' ee 15 mq.T zo wn-ag `10- � pg4i�E�t I� �I '28: Heao c v C ® .... W — E: F. A n ' - R a T p I ' I I f u1 Im ca LLLJ I " Da n _ A61, 4- 1.3_CF wu V - a:� V) LL L W LG'.AV 6.4w) S.F. i *13 lk r, I - tnr'. • =Lakc. v 6 ST. IT- 676.00 FF r "url N 1 I I , ' F- 6, fill �I � CC .„ aln m m ; 9— - - — 1 _3N. — — — SI =ET 1_ -5 y7AE v W AOJACENr TO NORTH TARRANT, C. PRECINCT UINF SI EIMMOART. S4APES _g IN E)CCESS OF 259 AND IN ANY PARKING ��� E— p rEIIAOUkY VDECADOti get 6E oQa:'Rm ttl [51ABiA5H �. GOfNTRACTPR qN TO HIRE N A44 asED AA{AS — VT a r ,,�H ""'.. •F,.«" coNNaacr�R sI-uu. APPLY FRESH ...,.,,...,� i rkMF TN)nt ST ISMP O) epevFNT N AaT AND AHx 'F" MULCH TO A DEPTH OF 4. TWO HY OHULCH IERNUDA NRF ELS€INi ERE RApRRT. 4tlr Ey,Ar+D NFiH T1Rr. H.DpCeuX' rJIK Ik WEE16 PRpGR 1X1 OPQIfiG OH SITE. HOWEVER, IF GRASS 19 NOT 3 S k ALL OMER DSTVMD AREAS Aff fy�HTIOEXn DATE OF OPENING BY OWNER. E5TABISHED AND ACCEPTED BY OWNER IN DSica AND � CONTROL PLARS. AL4 FRDRTgC( AND SIDE Nu ALL DISNRRED AREAS PRIDE TO F1LiNG — r'Akus AHf eD klr.(N€ iRpM LTHU NO IJNO5CAPE PLWDHCS W4.O.T. (NOTICE OF TERMINATION) THE i-.�nH exr r dYG.. 1 GENERAL CONTRACTOR HAS TO INSTALL 5OO. AHV. da'^CV�Y a9Ye.JiM"P .L` 35313"` G� C 18 OF PARMIHG �..T�e...w -2 LOT GDRBS L RN Me "SIL Q 1-61 � I� 3. , . I I � -- �.7r ., 3 � etc. c a l -., j� =�i Li F. ,- J ul coo it MATCHLINE ' 2 ' , SHEET L nw AcuAc NT m NORTH TANNAw, PRECINCT LINE SOUTH BOUNDARY. SLOPES IEMRbRARY MAIGAMM 'ALL m wwmo TO SOD. G AbLi.s. IN EXCESS OF 25% AND IN ANT' PARKING Mgt -LL APPLY FRESH SLAMD SKALL 13E SOLAD E74ERAL MIT SK TURT IN ALL DMIM ARM ATIOUT 0 MuLCM 70 A DEPTH OF * TWO CWMIMOR HAS THE OPTION TO WEEKS PRQR TO OKMNG, FMMOMULCH DERMILIDA TURF El-,$EMERF PAINN� LOT ISLAND I� lum�- HViiILLW� ILRF m � DI ON SITE. HOWEVER. IF GRASS IS NOT DISTIL AREAS AS F ED DR DRA"A" DATE Of OPENING BY OVMW- ,RL, lRowrI vwLTRU_ PLANS &tL M94TAR " WE ESTAXISIED AND ACCEPTED BY OWNER IN YAfOS ARE HI IIECOW RA"T'loN. NOTE ALL OUNREIED AREIZ FIRIM TO FILING Nrl LomuSOMPE PLxNTlvG5; " 0 wffHw 1B OF PARKM G. U O .. ' TF MT SOD, LOT CURBS. ap: mt r LJ Z PLO L'i 7 CND D, to iLAii@iiT mw PIA C-1 _INE '2', SHEET L LEASE 4 , 5 I 1 6, F 6(1 S F � 4 }. -1 LC) FF =672 (16 1 �Itr r 1 -- < =1. ST w may— 123,6065.F. FF-T(aa.utJ r WJe r k JE T'RAH J�3rSON SELL Jr. : I r `\ 5!Bl�J OEX LEE BELL r wy WA NE BELL k I A h :]E nznon..,�f rl 8 400 S.F 66. 6. 06 ;i': — .. �Y �L. -k 167 ,, 3 � � 1 I c - - 6000 1 4 I sry a cn GHnr } A 1R 1511 11.6 A !e75 'EYR[ Ml` IRRCARCfu ' l RE REWWD T9 ESinELlbN C(W - Dew m A ., 1VRr W ALL DlSTORBEO AREAS NlM911T A PERYAHEI* r. MWItl.TIGR 'm,- SOO A AGCNT TO Hd] AND HY .ry rei�• ya,5 PA N6 M F_YIJrO MITI T.fF. TTIIR(A E T"A N AEA OTHER D6 RR AREAS AS IDENTFl® EN M AAID ERO]ON CONTROL PLANS Ail FRONTAGE ANSI SDE NOTF 00WIRACM SHALL APPLY FRESH MULCH TO A DEPTH OF .F", TWO WEBP'S PRIOR TO OPENING. DATE OF OPENING BY OME€ bKm TURF ANIACENT TO NORTH TARRANT. PRECINCT LJNE SOUTH BOUNDARY,. SLOPES IN E%CESS OF 25x6 AND IN AHY PARKING ISIRNG SHALL BE SOLID SOB. GENERAL CONTRACTOR HAS THE OPTION TO HYEIHOMTLCH BETRMIJDA R.RF ELSEWHERE ON STFE. HOWEVER, IF CRASS IS NOT ESTADUSHED AND ACCEPTED SY OW -A IN ALL DISTURBED AREAS PRIOR TO RUNG M.O.T. (NOTICE OF TERMINATION) THE GENERAL CONTRACTOR FLAB TO NSTALL 506. YAR03 ARE RECEIVE RRTpR. pxwarc oo NO L.UIIG APE PTANTNGS WITHIN 113" OF PARKING LOT OURSS. It o N 1f S C Y T1 a 5 Uj �2 Yp �Fe pP O -- Q , 8 Es V YIi7 3C @05L -�OF a r 5 F ` F I W d a +s P ay �le - MATCHUNE '2 SHEET L -2 efin il� II �,, �_ti 7 f T — e r ✓�Ci _- - -_ � 1o�a HO'eze�� -33• Naa � � � � ��$� ENTIRE SITE PLANT LIST r- A:,vsf:e . w er�Y�ne cnmm�, wma r•bxng spa . �-k- - P�' m wsr�rs¢ � fmv enaa arye lrnu Mvtcha.a a � I� - .. - 28a ngae. perptve pm X n Feel a 5-Cvl r I _ _ -aY Q ss rev wk erns r Eo pXe s'- d1 l — - I H •`T✓Z {tcv CrP'ass�ws a. n cypriss U ®' ' 4O dust C w. --dl 4 d p 3 -Gpl Ji Ji �" s3C trb� Ubn pad 8 us B v .1. 3" Cal wL Field c S -Ctil" j� 998 Narfc EVnm tienj '!er.' .W n-r. Ce.J M1A„h IF S Col tul I 5 Cv -6 7E7 Y-.a M hfmaa y Ik 'Larxa" ' Rd WR -bly 5 Cal -' far �1nfl - a W [l 2i ;cA- Pa 'Ke k pat Tllw Cpt R. S - -CnI 3 •�Cp: �Iv I 1 �=- � � g Y x (} tm -1 r ap• e rf ey,rrara r n sera h l 7 - 0v1 � `+ I'CJIZIRE G' LiJ J W- 39 fFvod E9w r/Jruc V W h! g r•s. rtF,:c 5.Col h' fir! Cug Ltri 9JnlNC -5� Z gN p— P. m4ta hpB d X malty' NMi F !a C as 3 el �. Crsl LA }'AlS;S7L7, CC ¢ DMG727C9 J 1 9 44 .WiMic6 - p rva zar2pm Oar Hmto-r" 9a M •hor yunpar 5 .,al 4 2i IlrwW G "/ Kc.p' th rf r nuxn. 5 'vl i \ \• \ F o L L I U �y `H 4.39 uypu we- -61 [ rt ,rte iCG Idsi [ sophyl INi cars'S w- ervao' S do m� r-CVI. •/ \� 4'A sm, S I- ryrc aril r S.-- 5- el (� � m 311.¢ Cep •iirr wm—' fepinrr[�mYS6 r -4ul v - "^° l w f g.1Y EYia EL U.. w' '0Y6— -lsge rnten rcePXr 4' poi • --- - - � _ _ atg6 ,� ` . , Huri N 4e¢Lery rekaei SeeU ruM1T f -Cal .. ` -. - O ' � H,.rs Hanleeoza9m rfgse ..c many f -Gal - - _ � 0 L _� - - -- - -- -- - - -_ -- - - - =_ M -- TURF V. TUFF ARUCENT TO NOPTH PRIOR TO FLNG ND M1RY SLOPES RRNT, V. PRECINCT 3 LIN 59 A 80CINR /� ���� E, G _ GYmvlui M(YI'F" M N OESF 257i LIO O AHT NCRAL G ORRMYY 4 R j �{ r TO" III A 1 DISI U RO M tiwu S VTMOUT m RMANM8N f:pN1F4YCTpR SW4L APPLY f'RESN SHgLL DE 9�"lo Sop. GENERAL Y a Tune W yYR OSTB Nd1,3 tiaTTbelr A 1`EWNlJIENi Y49 >,u ° rm ODMTF V 70 HAS THE OPTION TO' �.^°� �,..� IRI `flQH SYSTOL SOO AO 7 is 4OT ANO MR' mavunn mm #ILILOH M! A DEPTH OF 4', TIYO APoFtaP LOT M14 AAF- IIYDAAONULCH A.F6 IN ' �sa. " `.' Wmis PRA7R m oPEmn, ON SIT H OERMU L Tl E15 NOT P `J" A s GTHR DISH. m AREAN AS WOMB) ON G "o .�•SaQ �; DATE OF OPENING BY OWNER � SITE Ypp[yER, IF GRA65 IS NOT { AND FRO m c TROL Puns, Al FRQlTAOE k S E51p AND ACCEPTED EN OWNER !f T In U � y � L 3 3 t A ARE TO REMOVE RRG T M A 06MMEQ AR . LL RAS g LL'I�:».iRH dP°eS �Fn..,°r. ♦<+.'7':;:' 1807 I t . 7LKI OK.'.. W H E N 18 OF PARKING; GENE R {NGTICE ACTOR RkS Tp IN'YY) STA LL 9pp. m.h WDeI 1' of PARKING; GENEaI C1:ffTR4CFOP Ha.S TSTA . .JS Y4F.b'PM' .�7 5 LOT CURBS. C F m E NMTH RICHLMV HILLS LANDSCAPE RCQtlrRCMENTS NORTH RICHLAND HILLS LONOSCOE REQUIREMENTS KR7H RECHLAND HI-LS LANDSCAPE REDLjIKWrNrS 1 4RTH RICIJLAND HILLS LANDSCAPE REMURIMC.01 TRACT k TRACT Z TRACT 3 TRACT 4 7 T L .W= Ll- TO, 711 PLM. 71 17 T— 11 OF im —p I . . 7 r a >s� �� �Tr.«. i I�� T- 1, 1. —1 im — "I I 11-T i 71 am Lm z m CD Q ❑ En am" L-Z N - H RJZb AND HILLS LW SC-E RMUIREWNTS TRACT 3 711 17— :=T= WRTK IRMR-MT WLLS LANRSCME RECIUTWYENrS TRACT 0 . T- ;u_ W. I KR X 1- 7 NORTH RICELAND HILLS LANDSCAPE REQuwt TE IKTENTJI[3N Tw OR am ac M ID ID I., 0- U3 In Ac z cc x C> L-7 NORTH RICH LAND HILLS LANDSCAPE REQUIREMENTS NORTH RICHLANJI HILLS LANDSCAPE REQuIREWNrS NORTH RICHLAND HILLS LANDSCAPE RtLQULREWVTS NORTH R EQUIREMENTS TRACT z TRACT 6 TRAC 7 T R� T :ICHLAND HILLS LANMCAPE R mn .. s=w, — rRK Y rtl Y IMYfCA.E AH6 =x. .. ---- LOT 4 PLANT LIST LOT 6 PLANT LIST 6ymde! 0 Goad %y 16 C%ae tPN c 3 I mft N.- C pmspn eaaenkc C�m "mz batvrw '.ryPrm PWnph;, Sise Y-cw tYmmaate R k R MpWrM Hk. 1 5ym Qmallkv !g'1 52 C.m Name wyP $alentifi; K Nydaa p Ib cpm Nome ft..a Nca. Nyeua Pla,thV N. 7 -Cal, mercneafn 35' O.C. ]I C) 28 R.. pi Nd Iva B.- pi. 3 -c. H k 8 m, (• 1 1Y3: Svrpr 5a6rie y m$i Wi Spgc 3 ^L'el 24" AC, at ;Z ]6 Lanne 6pgf.et ,o fti. N I z crgw mpriha 'Nektga' dl - la' ] TG 3 Czwee N' g; -IVPp ileme°d fW. Red Y' 5 -" �- 16 G h 53' -) ad L.W Ldu vpHyll lasee«a SPvarcaa FrNa d qa ] -Get y8" ABC. �Y g •2 733 LHR! kk...L. U Pe tai 8 -4. 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Spaque' elm 3" +. 8 & B - - rly SC No-o6 Contact Information: TREE STAKE SOLUTIONS wr .trmtokeWutiona.com JEFF TULEY 903- 676 -694 ,,;J lklPll�l.i V 9[ec f HArI BT,xc I i FlwN .SAUCER us r -ft, m TILT VV W RMT 9ML 5 Y RRDMY TiE ekdHm R xr +4L LVrS a+ml f S4. - h.56 cinMG rA63 xrx sR' •APR Taea. aa " ANCH9R P PM MA r F9a�.5 FlNIS« tFePF .0 ffK.A7 ?.OPI9ALL ..OR RHC NAIL STAKE IcPaRE w.xmND �.{I "U' mAQ ;�� FMN � 5t ecP -90 wL..x+ Mlx e wun7e s TAMP ro Rs,d*.e Avla Pis NAIL — - STAKING FOR MULTI –TRUNK TREES & TREES 2' CAL & UNDER KALE. NDr m °e•• E RLAHT NFM 4 [ EFOR 3 Y YAYIYUW SLOPE — 6 CURB - TYPICAL PARKING LOT ISLAND MOUNDING SEALS: Yu TO WC a AREA DRAIN NO SCALE W M NFL PPE ACCOHam% Ra4T AND PENEMAT€ 2 R BALL MA. I UNDISRIN a NO � 3M SAFETY STAKE BY TREE STAKE SOLUTIONS S kE NOT TO s!-E 'vkL� a SF.. hIH d?Ax[NE3 eY t�inH'i A AINTAIN SAUCER ON LONER — 1°' W w SIDES OF PLANT TO RETADI WATER [D=T WL LGWER.] — :W 3�CMSI Ry �9` 41�PI i ffiS p ■ R' R�« Y6 9 a il OMCe+AL GAAOE or SLOPE M P IA _ xlx -A LPM a, - 1 = — TREE SHRUB PLANTING ON SLOPES Tn �xaRE xp PaotETS - II I - =1 HATE: R' 'NTH Is mvmm. SCALE NOT TO SCALE Z YG ~ d� z � a- =� a r �Erc' m�ns `Axr SHRU6 PLANTING SC .E 1CT Ta SCFIE sc 13 oE:, — r .0 J [ uwo :,ux n exusce ca.N i"� iii 7' t n. C Pwm C c p W ,- r,: GRANITE STRIP W g NTS s EF OIL FIX{ DUMO ON Wp ET P 'nNt. THx'xHE56 REIHfCK.0 E4 PARKING LOT ISLANDS CRUSHED GRANITE BORDER NTSc .:.�5.x &t... t.•c'as � sc aouan PM MA r F9a�.5 FlNIS« tFePF V VULCH HST JID IcPaRE w.xmND �.{I II +—G maw Bm PRE$ PER SPECS c BEDDING PLANTS/ EDGING DETAIL SLAV -- HOT TO SS.ALE W M NFL PPE ACCOHam% Ra4T AND PENEMAT€ 2 R BALL MA. I UNDISRIN a NO � 3M SAFETY STAKE BY TREE STAKE SOLUTIONS S kE NOT TO s!-E 'vkL� a SF.. hIH d?Ax[NE3 eY t�inH'i A AINTAIN SAUCER ON LONER — 1°' W w SIDES OF PLANT TO RETADI WATER [D=T WL LGWER.] — :W 3�CMSI Ry �9` 41�PI i ffiS p ■ R' R�« Y6 9 a il OMCe+AL GAAOE or SLOPE M P IA _ xlx -A LPM a, - 1 = — TREE SHRUB PLANTING ON SLOPES Tn �xaRE xp PaotETS - II I - =1 HATE: R' 'NTH Is mvmm. SCALE NOT TO SCALE Z YG ~ d� z � a- =� a r �Erc' m�ns `Axr SHRU6 PLANTING SC .E 1CT Ta SCFIE sc 13 oE:, — r .0 J [ uwo :,ux n exusce ca.N i"� iii 7' t n. C Pwm C c p W ,- r,: GRANITE STRIP W g NTS s EF OIL FIX{ DUMO ON Wp ET P 'nNt. THx'xHE56 REIHfCK.0 E4 PARKING LOT ISLANDS CRUSHED GRANITE BORDER NTSc .:.�5.x &t... t.•c'as � sc aouan DETENTION POND DETAIL ' � I Tull x.R 4 s'e .� sF y ¢ri cw s�wo ui[: unurr TM VIHTTY�IAP REFER TO 5HEET C -2.6 FCR RETAINING WALL DETAIL I E 1 IN 31 ET A USiA AND H R IJ L OH ALL vET si-OP ES A N HYOROUHCH ON ALL SLOP ANO BNTiTCCML. n� NAR� C@ITFGATI. 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IIIIT AL GRMNG ANO OkTTLR PPE INSTAL —.1 THE G8 we , � 4 tgx..— sHAy, u5E TIff nECE55-1 P-1U O E¢JPf .T ro K � ■ X -WATER TI-E SELIAENT RA NS. h1 m IM x k [x [IiY.u. 0' 1P 2V W r vumm I . r - _ - - --- £ rv T. u o I I � W I 2 z a I I I I I I I I � I r ' i I I 4 I ' bLC { T - um R T3 AP I y I I i � dS 6YV 5� -j �E�` TW - 6RS.OP PHOTOMETRIC PLAN i E T Ptt 1 f IL fi ll li Y LD J _ - - -- UJ x Z Arnel Uy 5(15!2073 as 1- ;9619.AGI SIGN ELEVATIONS wr o IOomarI O( UMMIMIIIIIF11R IJMIl5om er2.1a Oq 4I I * w? rTM MqT fE7MtIip151$ W Edu1 A MMMIK i MwWtD D41A Q,u i6 K II MCIR FRO u2% ra wA Wkikkd Kb WMXV MT 11111 AM R -?]3 RI ELICTWAL (CMTRA9% We ILL P IROGE 39 X" UNLEAD 6 TENARI Ttkof TTNm TENANT TEM111 MORK 01 2! m c -- YdTCk STL"71€ MA YEM4 41 . FRIU s U FUll � . - 70AIODXWWALL i i i ■ JD Xws ■ yl 7i WR m XV7d Hlt 3`4 am 3M MAW err_ i _r_ 3 wnwn — 0 ww"M�m" pIM�� s - rh d 1.492 " AM paw Is,.r KROGER 131-f lowN (LOT TCH DMIT KROGER 535 L10NASTERYBROWN Naunon I #— MATT HERS SATIN BLAUf TENANT - MATCH BLDG. STONE sate 5 - 10 - 13 SALES RFP. KLP r —MATCH BLDG TRIM auveer eEU { N MW a __ r' SUPPING CENTER SIfiN ELEVATIDH i � i 1 END VIEW RIfNR1E ONE 1 ?DAMP, 12DYOLTCIRLUIT ONLIGHTINGLONTROLLER 4a" — BAY &D.1,0WALL ` 535 -cdr 9 AMPS TOTAL r, STEEL PIPE i SHEET 2 OF 3 I E i i 1 E — j UPHYEa c Q APPOYEa AS IIBITf1 ❑ hE r%a fisim I 9 ` 1B'4'' yy Glans !-f o' A" IT MATCH DMIT �3 f AONASTERY BROWN TENANT y 1 MATTHEWS WIN BLACK Y I I MATCH BLDG STONE TENANT MATCH BLDG. TRIM rpm SHOPPING CENTER SIGH ELEVATION " — - 1 — ` �1 VIEW ONE (1 20 AMP 1 120 VOLT CIRCUIT i UAW i � � � � 29M Greenh Rd. ON LIGHTING CONTROLIkR B.63' 0 U. X.322 WALL H — tm T— 77034 9 AMPS TOTAL STEEL PIPE i i 281-492 -6581 j, i i g j 28197 -6597 daz Tnarvgi::4mUin Pm{Iti luk Iqn 2'-6" 24• 24' W ar�:mtlrc:rkwYUV g rn, Iwuxr Wla4i Flxi k+el a/mW r:e:nn�o wd s xmese wa ul.riware.lnam W ry,'prlr.c *Kroger UNLEADED DIESEL W�- CONTROL BOX 3.6 5' BELL 009 ---------- - --------- SHOPPING CENTER SIGN ELEVATION ONE N20AMP 1 120 VOLT CIRCUIT ON LIGHTI CONTROLLER k63' 0-D. X = WALl, 9 AMPS TOTAL STEEL PIPE ___uAT1H OMIT MONASTERY BROWN MATT HEWS SATIN BLACK 4 MATCH BLDG- STONE �MATCHRLI)G TRIM END VIEW 2W KROGER IMT KROGER 535 t0CM 00 DATE 5-10-13 SALE tip. KLP RON Ff MRJ STALE 1 14 " =1' -0" FILE M& 53 S-czlr sir 3 m 3 ❑ AppVJY10 ❑ QmYED AS mm REVI a aswu Ulf mm F 1 - Aw*er ijs4pw 11 "4' 10 Y-V 2906 G—.J,.— Rd. H—M,. Texas 77084 387492_658f 281-492-6597 f- 11 "4' 10 Y-V EXCERPT FROM THE MINUTES OF THE JUNE 6, 2013 PLANNING AND ZONING COMMISSION MEETING CA ZC 2013 -05 Public Hearing and Consideration of a Request from Winkelmann & Associates, Inc. for a Zoning Change from C -1 Commercial and AG Agricultural to NR -PD Non - Residential Planned Development for a retail shopping center on 26.94 acres at the southwest corner of North Tarrant Pkwy & Precinct Line Road. Michael Clark, Winkelman & Associates, 6750 Hillcrest Plaza, Suite 325, Dallas, TX came forward representing the developer, NewQuest Equities and Kroger for a zoning change at Precinct Line and North Tarrant Parkway. A portion of the property is zoned C -1 but other parts are zoned AG and we are requesting a PD Planned Development to allow development and proposed fuel center and detention pond at back corner. The proposed Kroger Marketplace is 123,000 square foot facility with fuel center and additional retail to the east in conjunction with the Kroger. The property will have access to North Tarrant Parkway at the existing median opening across from Wal -mart where there is a proposed traffic signal to be installed. A subsequent median opening will be installed at the west edge of the fuel center. The existing driveway on Precinct Line will be utilized and will have another one at the southeast corner next to the Golightly tract whiich has been coordinated with TX DOT. An additional drive will be at the west edge of the property which will allow access to the new pad sites on the west side. Clayton Comstock said this request from NewQuest Properties and Winkelmann & Associates, Jeddiah J. Bell, Jr. and Chesapeake Land Development Corporation is for a zoning change from C -1 and AG to NRPD Non Residential' Planned Development with amended C -1 commercial uses and regulations on approximately 27 acres on the southwest corner of Precinct Line and North Tarrant Parkway. This Planned Development request will include some seasonal and outdoor display and sales, detention ponds, service station for fuel pumps and auto related uses limited to one of last two pad sites to develop. The pad sites will follow similar landscaping architectural style throughout the development and EFIS on northern side of Kroger exceeds 15% so there is a PD revision needed. There are a number of signage regulations built in for height and EFIS. There will be a 6 foot decorative masonry wall on the southern property 'line and extensive landscaping to buffer the residents at Thornbridge to the northeast. In total there will be 185,000 square feet of retail on this tract. The first two lots which are the 123,000 square feet grocer and 17,000 square foot retail strip will be the first ones to develop, then the remaining pad sites will follow. Clayton Comstock gave a detailed presentation on the signs that will be proposed for the development, landscaping and photometric plans. Staff recommends approval of this zoning change request. Don Bowen asked if the tires sales were included in the auto uses allowed? Clayton Comstock said tires sales were not written in the permitted use, so they would have to come back for a revision to the PD. Currently all that is listed is auto lubrication, auto inspection, window tinting, alarms, stereos, etc. Vice Chairman Schopper opened the Public Hearing and asked if anyone wished to speak for or against. Glenn Burch, 8324 Thornridge Drive, NRH, asked where would the wall be located compared to the Golightly property line; what is EIFS; how tall would the wall be, would there be a wall on the west side and landscaping questions. Michael Clark said the wall would be right on the property line. EIFS is a cementitious, stucco -like building material that would be used along the top of monument signs and on the building, mostly where signs are located. The height of the building would be approximately 50 feet for the major features, but 26 feet mostly. There was a general discussion between Mr. Burch and Mr. Clark about the grading /slopes, walls, retaining walls, landscaping etc. along the southern property line and the southwest corner of the property. Vice Chairman Schopper closed the Public Hearing and entertained a motion. APPROVED Dan Bowen motioned to approve ZC 2013 -05 . The motion was seconded by Steven Cooper. The motion passed unanimously (5 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. E.0 PUBLIC WORKS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. E.1 Revise the Capital Projects Budget and Approve Professional Services Agreement with Kimley -Horn and Associates, Inc. in an amount not to exceed $50,000 for the North Tarrant Parkway Median Improvements 'Project (ST1306) Presenter: Caroline Waggoner, Assistant Director /Engineering Summary: Council is being asked to revise the capital projects budget in the amount of $550,000 and approve a professional services agreement with Kimley -Horn and Associates for engineering design services for the CIP Project identified as the North Tarrant Parkway Median Improvements Project. General Descrit)tion: This project consists of improvements to the median along North Tarrant Parkway between Davis Blvd and Precinct Line Rd. The project will create a new opening in the existing median for access to the development on the south -side of North Tarrant Parkway across from an existing driveway on the Wal -Mart property. Additionally, a new signal light will be installed, which will provide for signalized access to both the existing Wal -Mart parking lot and the new development on the south. This project includes not only the necessary paving and signal modifications to the roadway, but also revisions to the existing lighting, landscaping and irrigation components. Because the North Tarrant Parkway Projects (Phases I & II) include not only roadway paving but also landscaping, street- scaping lighting and irrigation components, City Engineering and Purchasing staff determined that it would be cost effective to utilize the services of Kimley -Horn and Associates, the engineering design firm who designed both prior projects and has in -depth knowledge of the area as well as access to the design files for the previous projects. The scope of the engineering agreement includes pavement design for the new median opening, signal design, and all necessary modifications to the corridor's amenities to accommodate the paving and signal improvements. The City Attorney has reviewed the Professional Services Agreement and this agreement is acceptable to him. To facilitate the opening of the median, in conjunction with the development on the south, design services need to begin within the next month. For this to occur, a revision to the current fiscal year Capital Projects Budget is needed. The revision will add $550,000 to the FY2012/13 Capital Projects Budget, with $50,000 being appropriated for design services and $500,000 for construction. Finance will issue General Obligation Bonds from the 2003 General Bond Program. The $550,000 will be included in their upcoming reimbursement resolution, with bonds being issued in November of 2013. Design services will commence next month, July 2013, and will be completed by December of this year. Finance will then procure bids in December 2013 with a contract award expected by February of 2014. Staff anticipates the construction to be complete by September of 2014. This information is also provided in the attached Budget Revision form and Project Detail sheet for your review. Recommendation: Revise the Capital Projects Budget in the amount of $550,000 and Approve the Professional Services Agreement with Kimley -Horn and Associates, Inc. in an amount not to exceed $50,000 for the North Tarrant Parkway Median Improvements Project. Street & Sidewalk Capital Projects North Tarrant Parkway Median Improvements ST1306 PROJECT DESCRIPTION &JUSTIFICATION This project consists of improvements to the median along North Tarrant Parkway between Davis Blvd and Precinct Line Rd. The project will create a new opening in the existing median for access to the development on the south -side of North Tarrant Parkway across from an existing driveway on the WaI -Mart property. Additionally, a new signal fight will be installed, which will provide for signalized access to both the existing Ml -Mart parking lot and the new deve I opme nt c the south This project includes not only the necessary paving and signal modifications to the roadway, but also revisions to the existing lighting, landscaping and irrigation components. Virhan the WaI -Mart Planned Development (7 lots) was constructed approximately 10 years ago, a Traffic Impact Analysis vLes provided to support the proposed access points onto North Tarrant Parkway, Davis Boulevard and Precinct Line Road. Atthatti me it was determined that a single, unsignal¢ed median opening on North Tarrant Parkway would be sufficient for the traffic generated by the development. Wth the upcoming development of a 30 -acre tract on the south side of North Tarrant Parkway, the traffic demands c the roadway will increase, and it was recently confirmed that the existing median opening will warrant a traffic signal. This signal will provide a safe mid- block pedestrian crossing in addition PROJECT STATUS I ORIGINAL I 2©12113 ` I ORIGINAL I 2112M3 START DATE REVISION I END DATE REVISION Professional Services Engineering 0712013 1202013 Land/ROW Acqulsklon Construction 0212014 09!2014 Other 12!2013 02rX14 REVISION EXPLANATION The revision is required to begin design services immediately in order to meet the construction time -line as provided by the development. The dates shown as "Other" represent the bidding process FINANCIAL DATA F414IXN Flqu_ General Obligation Bonds ITotal PROJoa o cnnc van os+�d Professional Services Engineering/Design LandIROW Arquistion Construction Other ITatal ADOPTED BUDGETTHRU I BUDGET Rll I NCE I P T REVISION 93 I BA COST $0 $550,000 $550,000 $554,000 0 $0 0 $0 0 $0 0 $0 $0 S550.000 $550.000 so $550.000 $0 $o 0 50,000 50,000 $50,000 0 $0 0 500 „000 500,000 3500,000 0 so $0 s55U,000 $550,000 so $550,0fl0 IMPACT ON OPERATING BUDGET Minor impact on operating budget is anticipated. (ANNUAL OPERATING IMPACT 2012119 211IT16 2014115 201512018 2016f2a17 Tr37A1. (Projected 1 ,OOG 1 1,000 t,UttfD $4,000 Street & Sidewalk Capital Projects Department Project Title Project Number Public Works North Tarrant Parkway Median Improvements ST1308 Project Description This project consists of improvements to the median along North Tarrant Parkway between Davis Blvd and Precinct Line Rd. The project All create a new opening in the existing median for access to the development on the south -side of North Tarrant Parkway across from an existing driveway on the Wal -Mart property. Additionally, a new signal light will be installed, which All provide for signalized access to both the existing Wal -Mart parking lot and the new development on the south. This project includes not only the necessary paving and signal modifications to the roadway, but also revisions to the existing lighting, landscaping and irrigation Project Justlfi cad on When the Wal -Mart Planned Development Q lots) was constructed approximately 10 years ago, a Traffic Impact Analysis was prov ided to support the proposed access points onto North Tarrant Parkway, Davis Boulevard and Precinct Line Road. At that time it was determined that a single, unsigheIiaed median opening on North Tarrant Parkway would be sufficient for the traffic generated by the development. With the upcoming development of a 30 -acre tract on the south side of North Tarrant Parkway, the traffic demands on the roadway will increase, and it was recently confirmed that the existing median opening will warrant a traffic signal. This signal will provide a safe mid -block pedestrian crossing in addition to improved vehicular access in and out of these commercial properties. A second median opening was also determined to be beneficial to both the existing Wal -Mart development and the proposed commercial development to the south. Note: Funding source is for 2003 Bond Election General Obligation Bonds and will be issued in late FY2012f13. Project Schedule Beginning Date Ending D JHIMM Fls Year Amount Prafessicnal Services General Obligation Bonds 550,000 Revision 2012 -13 $550.OW Engineering/Design 0712013 1212013 rata) $550,000 Lan d1ROW Acquisitim $1,000 $1,000 $1,000 $1,000 Construction 32!2614 0972014 Other 12/2013 02/2014 Total Schedule D7M13 6912014 Sales Tax So of Funds To Date 2D7344 Budget 2074-15 Estimate 2015 - Completion Total Funding 2DI740 General Obligation Bonds 550,000 0 0 0 $550,OOD $1,000 Certificates of Obligation Total Operating Impact $1,000 $1,000 $1,000 $1,000 $1,000 FederallState Grants Reserves Sales Tax Other Total Funding $550,000 $0 $0 s0 $550,000 Project Costs To Data 2013 -14 Budget 2014 -15 Estimate 2015- Completion Total Cast ExpenselEnc Professional Services ErtgfneeringMeslgn 50,000 0 0 0 $50,000 s0 LandfROW Acquisition Construction 500,000 0 0 0 $500,000 $0 Other Total Costs $550,000 $0 $0 $0 $550,000 s0 operating Impact Minor impact on eperating budget Is anticipated ,Fiscal Year 2013 -14 2014 -15 201546 201647 2DI740 Total Impact Amount $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 Total Operating Impact $1,000 $1,000 $1,000 $1,000 $1,000 $5,000 North Tarrant Parkway Median Improvements Project - j X 7 -1 1 AL i -[ r z nr r <`w * w. �Xa . f New Traffic Signal Tit. a § r: - �A TAEtRANT r ` PARKWAYS _: a \ 4 New Median Opening r r M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. F.0 GENERAL ITEM'S M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. F.1 Award Professional Services Agreement for Audit Services to BKD, LLP Presenter: Laury Fiorello, Assistant Finance Director Summarv: The City Council is being asked to award a professional services agreement for Audit Services to BKD, LLP. General Description: Deloitte, LLP has performed the audit for the City of North Richland Hills for the last four years. While the City does not have a policy mandating the periodic rotation of auditors, management believes that it is good practice to request proposals periodically to ensure the City is receiving the best possible audit services. Prior to this occasion, the last time the City requested proposals for auditing services was in 2009. On April 5, 201' 3 the City requested proposals for Professional Auditing Services from local, regional, and national accounting firms by direct mail, and newspaper advertisement. The proposal specifications were prepared by staff to ensure conformance with nationally accepted governmental auditing standards while promoting and protecting the interests of the City of North Richland Hills. The proposal described relevant aspects of the audit process from start to finish. The term of the engagement will be for fiscal years 2013, 2014, and 2015 with two optional one -year renewals. Services to be provided include, but are not limited to, the annual audit of the City's financial statements (including bond official statement documents), review of the Comprehensive Annual Financial Report, State and Federal Grant auditing and reporting, compliance testing of the requirements of the Texas Public Funds Investment Act as amended, internal control review of various city departments, and payroll tax consultation. The following firms submitted proposals (listed in alphabetical order): • BKD, LLP • KPMG, LLP • Crowe Horwath • Patillo, Brown, and Hill, LLP • Deloitte, LLP • Weaver, LLP • Grant Thornton • Whitley Penn, LLP The proposals were evaluated using these major criteria: 1) Mandatory elements such as independence and audit quality. 2) Expertise and Experience 3) Audit Approach 4) Ability to meet stated deadlines. The proposals were reviewed by a six member Proposal Review Committee: • Karen Bostic, Assistant City Manager • Larry Koonce, Director of Finance • Caroline Waggoner, Assistant Director of Public Works • Cameron Rowland, Assistant Director of Human Resources • Laury Fiorello, Assistant Director of Finance • Amy Stephens, Accountant 11 Interviews were held with four of the firms: BKD, LLP, Patillo, (Brown, and Hill, LLP, Weaver, LLP and Whitley Penn, LLP. After careful review and consideration of all the critical elements involved, the committee concluded the best proposal was submitted by the accounting firm of BKD, LLP of Dallas. The firm's proposal offered support that their firm has the best qualifications when combining all critical elements of the evaluation criteria. As such, the committee recommends award of the engagement to BKD, LLP. The firm has extensive experience in municipal auditing and ranked high in all technical areas of evaluation. They are currently serving over 150 municipal governmental clients. Their references include, but are not limited to, the City of Bedford, City of El Paso, City of Lubbock, City of Lancaster, The Colony, and City of Kerrville, Texas. BKD, (LLP has proposed the following costs for services (Audit, Bond Official Statement Review, and Payroll Tax Consultation) for 2013 ($98,650), 2014 ($101,200), and 2015 ($104,225). This engagement gives the City the right to review the auditor's performance each year. Acceptable (performance reviews will be necessary to continue auditing services the following year. Recommendation: Award Professional Services Agreement for Audit Services to BKD, LLP. BKDLLP CPAs & Advisors Tune 13, 2013 Honorable Oscar Trevino, Mayor and Members of City Council Mr. Mark Hindman, City Manager Mr. Larry Koonce, Finance Director City of Forth Richland Hills, Texas 7301 NE Loop 820 North Richland Hills, Texas ?A,FT 14741 Dallas Parkway, Suite 1100 Dallas, TX 75254 -2961 972.702.8262 Fax 972.702.0673 www.bkd.eom We are pleased to confirm the arrangements of our engagement and the nature of the services we will provide to the City of North Richland Hills, Texas. ENGAGEMENT OBJECTIVES AND SCOPE We will audit the basic financial statements of the City of North Richland Hills, Texas as of and for the year ended September 30, 2013, and the related notes to the financial statements. Our audit will be conducted with the objectives of ✓ Expressing an opinion on the financial statements ✓ Issuing a report on your compliance based on the audit of your financial statements. ✓ Issuing a report on your internal control over financial reporting based on the audit of your financial statements. ✓ Expressing an opinion on your compliance, in all material respects, with the types of compliance requirements described in the U. S Offi of Management and Budget Circular 133 Compliance ,Supplement that are applicable to each of your major federal award programs. ✓ Issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance requirements that are applicable to each of your major federal award programs. ✓ Issuing a report on your schedule of expenditures of federal awards. experience BKO Praxity� MEMBER-* GLOBAL ALLIANCE OF INDEPENDENT FIRMS City of North Richland Hills, Texas June 13, 2013 Page 2 OUR RESPONSIBILITIES 9 1 Z a I We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GARS), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States and U.S. Office of Management and Budget (OMB) Circular A -133, Audits of States, Local Governments, and Nonprofit Organizations. Those standards require that we plan and perform: ✓ The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by fraud or error. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's Judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. ✓ The audit of compliance with the types of compliance requirements described in the OMB Circular A -133 Compliance Supplement applicable to each major federal award program to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect on a major federal award program occurred. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance having a direct and material effect may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. In making our risk assessments, we consider internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. Also, in the future, procedures could become inadequate because of changes in conditions or deterioration in design or operation. Two or more people may also circumvent controls, or management may override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures.. The actual terms and fees of such an engagement would be documented in a separate letter to be signed by you and BKD. Kevin Kemp is responsible for supervising the engagement and authorizing the signing of the report or reports. City of North Richland Hills, Texas June 13, 2013 Page 3 I ] ; - fA l a k l a I We will issue a written report upon completion of our audit of the City of North Richland Hill's financial statements. Our report will be addressed to the mayor and members of city council of the City of North Richland Hills. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis of matter or other matter paragraph(s), or withdraw from the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you as well. In such circumstances, further arrangements may be necessary to continue our engagement. We will also express an opinion on whether the combining financial statements and various budget and actual schedules ( "supplementary information') are fairly stated, in all material respects, in relation to the financial statements as a whole. YOUR RESPONSIBILITIES Our audit will be conducted on the basis that management and, where appropriate, those charged with governance acknowledge and understand that they have responsibility: a. for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; b. for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; c. for identifying and ensuring compliance with the laws, regulations, contracts and grants applicable to your activities including your federal award programs); and d. to provide us with I. access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters; It. additional information that we may request from management for the purpose of the audit; and lit. unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. As part of our audit process, we will request from management and, where appropriate, those charged with governance, written confirmation acknowledging certain responsibilities outlined in this engagement letter and confirming: The availability of this information City of North Richland Hills, Texas June 13, 2013 Page 4 9 1 Z a I • Certain representations made during the audits for all periods presented The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed -upon procedures or other engagements that satisfy relevant legal, regulatory or contractual requirements or fully meet other reasonable user needs. With regard to supplementary information: • Management is responsible for its preparation in accordance with applicable criteria • Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement • Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements OTHER SERVICES We may perform other services for you not covered by this engagement letter. You agree to assume full responsibility for the substantive outcomes of the services described above and for any other services that we may provide, including any findings that may result. You also acknowledge that those services are adequate for your purposes and that you will establish and monitor the performance of those services to ensure that they meet management's objectives. Any and all decisions involving management functions related to those services will be made by you, and you accept full responsibility for such decisions. We understand that you will designate a management -level individual to be responsible and accountable for overseeing the performance of those services, and that you will have determined this individual is qualified to conduct such oversight. ENGAGEMENT FEES Our fees will be $93,350 ($80,150 for financial statement audit and $13,200 for Single Audit) which includes an administrative fee to cover items such as copies, postage and other delivery charges, supplies, technology - related costs such as computer processing, software licensing, research and library databases and similar expense items. City of North Richland Hills, Texas June 13, 2013 Page 5 9 1 Z a I Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will be paid promptly. We will issue progress billings during the course of our engagement, and payment of our invoices is due upon receipt. Interest will be charged on any unpaid balance after 30 days at the rate of 10% per annum. Our engagement fee does not include any time for post - engagement consultation with your personnel or third parties, consent letters and related procedures for the use of our reports in offering documents, inquiries from regulators or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. Our fees may also increase if our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. We will consult with you in the event any other regulations or standards are issued that may impact our fees. If our invoices for this or any other engagement you may have with BKD are not paid within 30 days, we may suspend or terminate our services for this or any other engagement. In the event our work is suspended or terminated as a result of nonpayment, you agree we will not be responsible for any consequences to you. OTHER ENGAGEMENT MATTERS AND LIMITATIONS Our workpapers and documentation retained in any form of media for this engagement are the property of BKD. We can be compelled to provide information under legal process. In addition, we may be requested by regulatory or enforcement bodies to make certain workpapers available to them pursuant to authority granted by law or regulation. You agree that we have no legal responsibility to you in the event we provide such documents or information. To the extent permitted by the laws of the State of Texas, you agree to indemnify and hold harmless BKD and its personnel from any claims, liabilities, costs and expenses relating to our services under this agreement attributable to false or incomplete representations by management, except to the extent determined to have resulted from the intentional or deliberate misconduct of BKD personnel. To the extent permitted by the laws of the State of Texas, you agree that any dispute regarding this engagement will, prior to resorting to litigation, be submitted to mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. The American Arbitration Association will administer any such mediation in accordance with its Commercial Mediation Rules. The results of the mediation proceeding shall be binding only if each of us agrees to be bound. We will share any costs of mediation proceedings equally. Either of us may terminate these services at any time. Both of us must agree, in writing, to any future modifications or extensions. If services are terminated, you agree to pay us for time expended to date. If any provision of this agreement is declared invalid or unenforceable, no other provision of this agreement is affected and all other provisions remain in full force and effect. City of North Richland Hills, Texas June 13, 2013 Page 6 9 1 ; a I This engagement letter represents the entire agreement regarding the services described herein and supersedes all prior negotiations, proposals, representations or agreements, written or oral, regarding these services. It shall be binding on heirs, successors and assigns of you and BKD. We may from time to time utilize third -party service providers, e.g., domestic software processors or legal counsel, or disclose confidential information about you to thud -party service providers in serving your account. We remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. Iii addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information. In the event we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third -party service provider. We will, at our discretion or upon your request, deliver financial or other confidential information to you electronically via email or other mechanism. You recognize and accept the risk involved, particularly in email delivery as the Internet is not necessarily a secure medium of communication as messages can be intercepted and read by those determined to do so. You agree you will not modify these documents for internal use or for distribution to third parties. You also understand that we may on occasion send you documents marked as draft and understand that those are for your review purpose only, should not be distributed in any way and should be destroyed as soon as possible. If you intend to include these financial statements and our report in an offering document at some future date, you agree to seek our permission to do so at that time. You agree to provide reasonable notice to allow sufficient time for us to perform certain additional procedures. Any time you intend to publish or otherwise reproduce these financial statements and our report and make reference to our firm name in any manner in connection therewith, you agree to provide us with printers' proofs or masters for our review and approval before printing or other reproduction. You will also provide us with a copy of the final reproduced material for our approval before it is distributed. Our fees for such services will be $4,000 per offering document. You agree to notify us if you desire to place these financial statements or our report thereon on an electronic site. You recognize that we have no responsibility as auditors to review information contained in electronic sites. Any time you intend to reference our firm name in any manner in any published materials, including on an electronic site, you agree to provide us with draft materials for our review and approval before publishing or posting such information. City of North Richland Hills, Texas June 13, 2013 Page 7 I ] Z a I BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do partners in a general accounting and consulting partnership with respect to conformance by themselves and other professionals in BKD with their professional and ethical obligations. However, unlike the partners in a general partnership, the partners in a registered limited liability partnership do not have individual civil liability, directly or indirectly, including by way of indemnification, contribution, assessment or otherwise, for any debts, obligations or liabilities of or chargeable to the registered limited liability partnership or each other, whether arising in tort, contract or otherwise. Please sign and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. If the signed copy you return to us is in electronic form, you agree that such copy shall be legally treated as a "duplicate original" of this agreement. BKD, LLP Acknowledged and agreed to on behalf of City of North Richland Hills, Texas 13 1 1 (Name & Title - Member of Those Charged with Governance) BY (Name & Title - Member of Management) DATE M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -24 -2013 Subject: Agenda Item No. H.1 Announcements - Mayor Pro Tern Rodriguez Announcements Everyone's invited to the Family 4th Fireworks Show on Thursday, July 4th. The fun starts at 5 p.m. with entertainment for the whole family including kid's activities, food trucks, community entertainment and more. Fireworks will begin at approximately 9:30 p.m. Free parking will be available at 6351 Boulevard 26 and at Wiley G. Thomas Coliseum. City Hall and other non - emergency City offices will be closed on Thursday, July 4th in observance of the Independence Day Holiday. The Library, Tennis Center and Senior Centers will also be closed. The NRH Centre, NRH20 and Iron Horse Golf Course will remain open. Garbage and recycling will not be collected on July 4th. Thursday's collections will be made on Friday and Friday's collections will shift to Saturday. July is National Recreation & Parks Month. The North Richland Hills Parks & Recreation Department is celebrating by encouraging citizens to enjoy our parks, trails, athletic leagues, recreation programs and special events. Don't forget, if you live in North Richland Hills you will receive a resident discount at NRH20, Iron Horse Golf Course and the NRH Centre. The NRH Centre is celebrating National Recreation & Parks Month with an art contest for ages 4 to 15. Children's drawings of why they like NRH Parks and Recreation will be displayed at the NRH Centre July 5th through 31st. The community is also invited to a family fun night at the NRH Centre on July 26th from 5:30 p.m. to 8:30 p.m. This event will include swimming, entertainment by singer /songwriter Eddie Coker, a hot dog cookout, crafts and other activities. For more details, stop by the NRH Centre or call 817- 427 -6600. Kudos Korner Every Council Reefing, we spotlight our employees for the grew things they do. Tonight we recognize: Nora Garcia and Spencer Cashen of the Animal Adoption and Rescue Center — A resident expressed appreciation for the manner in which Nora and Spencer retrieved a baby skunk from her garage. She said she was a bit hysterical, but the officers were very composed in handling the situation. She was glad for their quick, calm and efficient response and she felt everything was very well taken care of. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -24 -2013 Subject: Agenda Item No. H.2 Adjournment