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Home My WebLink AboutCC 2023-02-27 Agendas t4RH NOKTH KICH�AND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, FEBRUARY 27, 2023 WORK SESSION Held in the Council Workroom CALL TO ORDER 1.. Discuss items from regular City Council meeting.., City Council had no questions for staff. 2-- Discuss proposed amendments to the Qity:s Code of Ordinances to create a Code Enforcement Court in the North Richland Hills Municipal Court. 3-- Discuss, review and receive direction regarding the keeping of fowl and other livestock. 4-- Presentation of the 2022 End of Season Summary and 2023 preview for NRH20 Family Water Park. Monday, February 27, 2023 City Council Agenda Page 1 of 5 EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. 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. 1. Section 551.07Deliberate the purchase, exchange, lease or value o real property ® 5005 and 5009 Cummings Drive. REGULAR MEETING Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION A.2 PLEDGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2022 United ation 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 City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.5 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. Monday, February 27, 2023 City Council Agenda Page 2 of 5 A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 ?�g v�erjinutes of the February l3,, 2023.,,.City,.,Council meeting. ,. B-2 Authorize the purchase of library books in a variety of formats from Baker and Taylor (State Contract No. 715-M2) in the amount not to exceed the budgeted amount of 50,000. B-3 Authorize the City Manager to execute an agreement with StraTact Media Qrou2,_LLQ for media advertising for NRH20 Family Water Park in an amount not to exceed B-4 Approve id No. 23-013 with Petra Chemical Acquisition Company, LLQ, ba CC for aquatic chemicals for NRH20 Family Water Park and the NRH Centre in an annual amount not to exceed $ C. PUBLIC HEARINGS C.1 ZC21-0004, Ordinance No. 3781,_Egblic hearing and consideration of a request from TRC Architects for a zoning change from and R-7-MF (Multifamily) to NR-PQ (Nonre idential Planned Development) at 39 8-3920 Rufe Snow Drive and 3917- Stag!, 1.04 acres described as Lots 5131, 5Q1, 8A, and 813, Block 1 Jack M. Estes Subdivision. C.2 ZC22-0044, Ordinance No. 3779,. Public hearing and consideration of a request from Michael Wood for a special use permit for a permanent accessory building at 8104 Green Valley riere, being 1.0 acre described as Lot lock 1, College Acres Addition. C.3 ZC22-0045, Ordinance No. 3780,_Egblic hearing and consideration of a reguest from Randy Cheeks for a special use permit for a carport 8213 Forrest Lane being 1.96 acres described as Lot 13 Block 3 Woo Bert Subdivision. Monday, February 27, 2023 City Council Agenda Page 3 of 5 CA ZC23-0050, Ordinance No. 3778,_Egblic hearing and consideration of a request from Rick Figueroa for a transitional parking lot at 6412 Davis EgL!evar being 6.93 acres described as Tracts A AF C1 C1 and C1 1 John H. Qaf!gugh urve�, Abstract 130. (APPLICANT REQUESTS TO POSTPONE REQUEST TO THE MARCH_6 2023 CITY COUNCIL M TINGE D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E-1 ?�gprov�eurchase aqEqgp2gn!s with edger Meter Inc., as manufacturer, and Atlas Utility Supply Company, as d�istdbu�tor, for water meters and meter reading equipment in an amount up to $4,800,000 as sole source purchases F. GENERAL ITEMS G-1 EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS H.1 Announcements I. 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 Friday, February 24, 2023 by 3:00 PM. Oscar Trevino, Mayor Monday, February 27, 2023 City Council Agenda Page 4 of 5 ATTEST: Alicia Richardson City Secretary/Chief Governance Officer Monday, February 27, 2023 City Council Agenda Page 5 of 5 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. k4Ft CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Discuss proposed amendments to the City's Code of Ordinances to create a Code Enforcement Court in the North Richland Hills Municipal Court. PRESENTERS: Paulette Hartman, Deputy City Manager Maleshia McGinnis, City Attorney Rebecca Vinson, Court Administrator GENERAL DESCRIPTION: In December, staff presented information on establishing a separate civil court in Municipal Court to process civil cases such as code violations. The purpose of this item is to review the proposed amendments to the Code of Ordinances that would establish the court as well as the process for adjudication along with any fines, fees and penalties. We look forward to discussing the proposed changes with you and receiving input and direction from the City Council. We anticipate placing the Ordinance amendment on the March 6, 2023 City Council agenda for action. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Discuss, review and receive direction regarding the keeping of fowl and other livestock GENERAL DESCRIPTION: At the January 9 City Council work session, staff reviewed information regarding current ordinance requirements for the keeping of chickens and other livestock. The purpose of this item is to review information from other ordinances regarding the keeping of chickens, and to seek direction from the City Council regarding amendments to the current North Richland Hills regulations. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Presentation of the 2022 End of Season Summary and 2023 preview for NRH2O Family Water Park. PRESENTER: Frank Perez, NRH2O Park Manager GENERAL DESCRIPTION: Staff will present the 2022 End of Season Summary for NRH2O Family Water Park during the City Council Work Session on Monday, February 27, 2023. Included in this presentation, staff will also include a preview of the upcoming 2023 NRH2O Family Water Park Season. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: 2022 United Way Employee Workplace Campaign Presentation PRESENTER: Tina Earle, Courtney Kincaid and Elizabeth Copeland SUMMARY: The City of North Richland Hills 2022 United Way Employee Workplace Campaign was successful, raising over $50,000 for the United Way of Tarrant County. Campaign Chair, Tina Earle will share a summary of this year's campaign activities and a check will be presented to Leah King, President and CEO, and Kintisha Williams, Director of Corporate Relations, United Way of Tarrant County. GENERAL DESCRIPTION: The City of North Richland Hills is proud to support the United Way of Tarrant County's annual fundraising campaign. Each year, an NRH Employee Committee raises funds and awareness for the non-profit organization. The 2022 campaign ran from October 7 through October 28, with a theme of NRH "All Stars for United Way." Using a hybrid approach, the 2022 campaign raised funds by combining online activities, that worked well in the past, with a few fun in-person events for all employees. Events included: • Virtual Teams kick-off • Online silent auction resulting in over 60 baskets/items sold • Indoor and outdoor sales booths • Website and email marketing campaign • Online store • Pumpkingram and raffle ticket sales • United We Dine event at local NRH restaurant, Patriotic Pig • Witch's Brew Halloween closing campaign event (held inside the Grand Hall due to weather) The money raised through the 2022 campaign will support over 45 local nonprofits and programs that benefit every person in Tarrant County. We would like to thank the members of the 2022 United Way Campaign Committee along with everyone who donated and participated in the campaign for all of their hard work and commitment to helping people of this community and in Tarrant County. The 2022 committee members are: • Tina Earle, Chair— Parks & Recreation IrLp NOKTH KICHLAN HILLS • Courtney Kincaid, Co-Chair— Library • Elizabeth Copeland, Past Campaign Chair— Economic Development • Paulette Hartman — City Management • Diana Boone — City Secretary • Dakota Ford — Communications • Rachel Clements — Finance • Robin Berger— Finance • Kathy Corley — Fire • Jeff Arnold — Fleet • Ellen Cooper— HR • Katherine Ratcliff— IT • Kori Tolfa — Library • La Toyia Williams-Griffin — Library • Candice Simmons — Neighborhood Services • Brian Thomas — Neighborhood Services • Sarah Green — Parks & Recreation • Bryon Bustamante — NRH2O • Garrett Peek— NRH Centre • Chad VanSteenberg — Development Services • Cindy Garvin — Development Services • Sgt. Dustin Black— Police • Sgt. Richard Curtis — Police • Lauren O'Brien — Police • Samantha Gibson — Police • Leah Michaels — Police • Maria Lindsey — Public Works • Eva Ramirez — Purchasing We would also like to thank the many local businesses and vendors who showed their support for the campaign, including, AS&G, Digital Boundary, Double D Contracting Sciens Consulting, Occupational Health, First Check, Retro Betty's Estate Sales, Kevics Golf Academy, Wireless Watchdogs, and Chick-fil-A Rufe Snow. Campaign Chair Tina Earle, Co-Chair Courtney Kincaid, and Past Chair Elizabeth Copeland and members of the 2022 Campaign Committee will present a check on behalf of the City to United Way of Tarrant County. "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Approve minutes of the February 13, 2023 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the February 13, 2023 regular 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 4301 CITY POINT DRIVE FEBRUARY 13, 2023 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13th day of February at 6.00 p.m. in the City Council Chamber prior to the 7.00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tito Rodriguez Mayor Pro Tem, Place 1 Suzy Compton Place 3 Blake Vaughn Place 5 Scott Turnage Associate Mayor Pro Tem, Place 6 Kelvin Deupree Deputy Mayor Pro Tem, Place 7 Absent: Rita Wright Oujesky Place 2 Mason Orr Place 4 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney CALL TO ORDER 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. City Council had no questions for staff. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE, OR CITIZEN. Director of Public Safety Jimmy Perdue introduced the department's new Mental Health Coordinator Laura Jones. 3. DISCUSS RECOMMENDATIONS FOR 2023 CHARTER AMENDMENT ELECTION. Mayor Trevino thanked the Charter Review Task Force Committee ("Task Force") for February 13, 2023 City Council Meeting Minutes Page 1 of 13 their service. He called on Council member Turnage who served as the Chair of the Task Force to make comments. Council member Turnage introduced the following Task Force members present at the meeting, Steve Koons, Brianne Goetz, Phil Beckman, and Jason Winans. Council member Turnage stated the proposed language brings the City Charter in line with state law and strengthens the code of conduct for the City Council. The majority of the amendments pertain to the Civil Service section. City Manager Mark Hindman provided an overview of the twenty-six (26) proposed charter amendments. Proposition A - clarifies the City Council receives $50.00 per meeting where the entire City Council is called to attend. Propositions B, C, and D - pertain to the qualifications for City Council. Proposition B - requires a candidate for City Council be a registered voter of North Richland Hills. Proposition C - expands the list of crimes that cause a City Council member to forfeit their position. Proposition D - provides authority to establish a succession plan in the absence of the mayor and mayor pro tem. Proposition E - removes requirement of the City Council to appoint assistant city secretaries and the Clerk of the Municipal Court; removes City Council's appointment of the municipal court judge and also removes requirement that judges be residents of North Richland Hills. Proposition F - provides for the appointment of alternate(s) to the Planning and Zoning Commission. Proposition G - removes requirement that Planning and Zoning Commission members own property in North Richland Hills. Proposition H - provides the appointment and removal of Planning and Zoning Commission members reflect the same process as other boards and commissions. Proposition I - removes the requirement that all plats be approved by the City Council and allows the City Council to delegate authorization as allowed by state law. February 13, 2023 City Council Meeting Minutes Page 2 of 13 Proposition J - provides that civil service only applies to sworn firefighters (ranks below Fire Battalion Chief), sworn peace officers in the police department (ranks below Police Captain) and sworn city marshal positions who have completed a one (1) year probation. Proposition K - allows for appointment of alternates to the Civil Service Commission and authorizes removal of a member by majority vote of the City Council; also requires the Commission to comply with the city's board and commission attendance requirements; and modifies meeting requirement to once annually. Proposition L - authorizes the Civil Service Commission to recommend rules governing hiring, promotion and discipline to the City Council; hear appeals of disciplinary terminations, suspensions, and demotions; report on all matters for enforcement and compliance; and prohibits the Commission from interfering or providing instructions to city staff outside their formal responsibilities. Proposition M - clarifies the Civil Service Commission's authority to administer oaths, compel and subpoena witnesses and records. Proposition N - removes rules (hiring, promotion, re-appointment, transfer or demotion, to include method of examination and eligibility) of all civil service positions from the City Charter and establishes these rules be recommended by the Commission to the City Council. Proposition O - extends the time the Commission holds an appeal hearing from 30 to 45 days. Proposition P - requires a reinstated employee by the Commission be reinstated within 10 days of the order and have all compensation and benefits restored; limits ability of Commission to reinstate an employee charged with a crime (other than a minor traffic offense); and eliminates automatic requirement that the City Manager remove a department head for not following the Commission's order to reinstate an employee. Proposition Q - clarifies that appeals go to the District Court in Tarrant County. Proposition R - replacement language - "head of department" with "Department Head"; "employee" with "Civil Service Employee"; and "Director of Personnel" with "Director of Human Resources". Proposition S - removes Sections 10, 147 227 22A, and 22B from the City Charter and places them in the Civil Service Rules and Regulations, other applicable sections of the charter or the City's Personnel Policy Manual. February 13, 2023 City Council Meeting Minutes Page 3 of 13 Proposition T - removes requirement to distribute the Civil Service Rules and Regulations to each department and require the document be made accessible for review. Proposition U - clarifies sworn civil service employees retain their civil service classification, if amendment is approved. Proposition V - moves procedures regarding settlement of employee beneficiary account from the City Charter to the City Personnel Policy Manual. Proposition W - authorizes city manager to increase vacation accruals on a temporary or permanent basis. Proposition X - moves disciplinary procedures for violation of prohibition from the City Charter to the Civil Service Rules and Regulations and the City Personnel and Procedures Manual. Proposition Y - reduces the number of times an adopted ordinance that assesses a fine, fee, or penalty is published in the paper to one time. Proposition Z - update language in the charter from "members of the City Council" to "Council members" or "Council member"; remove redundancies or inconsistencies; correct any typographical errors; and remove or modify language that conflicts with or is preempted by other state or federal legislation. City Council discussed the number of propositions and the importance of educating the citizenry. EXECUTIVE SESSION 1. SECTION 551.072: DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY - TRACT 5E01, ABSTRACT 1652, LANDON C WALKER SURVEY AND LOT 3E, BLOCK 1, NORTHEAST CROSSING ADDITION. 2. SECTION 551.087: DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS - TRACT 5E01, ABSTRACT 1652, LANDON C WALKER SURVEY AND LOT 3E, BLOCK 1, NORTHEAST CROSSING ADDITION. Mayor Trevino announced at 6.33 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section February 13, 2023 City Council Meeting Minutes Page 4 of 13 551.072: Deliberate the purchase, exchange, lease or value of real property - Tract 5E01 , Abstract 1652, Landon C Walker Survey and Lot 3E, BLock 1 , Northeast Crossing Addition and Section 551.087: Deliberation regarding Economic Development negotiations - Tract 5E01 , Abstract 1652, Landon C Walker Survey and Lot 3E, Block 1, Northeast Crossing Addition. Executive Session began at 6:35 p.m. and concluded at 6.49 p.m. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order Monday, February 13th at 7.03 p.m. Present: Oscar Trevino Mayor Tito Rodriguez Mayor Pro Tem, Place 1 Suzy Compton Place 3 Blake Vaughn Place 5 Scott Turnage Associate Mayor Pro Tem, Place 6 Kelvin Deupree Deputy Mayor Pro Tem, Place 7 Absent: Rita Wright Oujesky Place 2 Mason Orr Place 4 Staff Members: Mark Hindman City Manager Paulette Hartman Deputy City Manager Karen Manila Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Maleshia B. McGinnis City Attorney A.1 INVOCATION Council member Dupree gave the invocation. A.2 PLEDGE Council member Deupree led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. A.4 CITIZENS PRESENTATION Ms. Shelly Drouillard, 7212 Bonanza, #213, North Richland Hills, spoke about corruption February 13, 2023 City Council Meeting Minutes Page 5 of 13 in federal, state and local jurisdictions. A.5 PUBLIC COMMENTS There were no requests to speak from the public. A.6 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY DEPUTY MAYOR PRO TEM KELVIN DEUPREE, SECONDED BY COUNCIL MEMBER BLAKE VAUGHN TO APPROVE THE CONSENT AGENDA. MOTION TO APPROVE CARRIED 5-0. BA APPROVE MINUTES OF THE JANUARY 23, 2023 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE THE PURCHASE OF A 2024 HINO L7 CREW CAB DUMP TRUCK FROM RUSH TRUCK CENTERS OF TEXAS, LP USING BUYBOARD CONTRACT NO. 601-19 IN AN AMOUNT NOT TO EXCEED $165,563.13. B.3 AUTHORIZE THE PURCHASE OF COMPUTER WORKSTATIONS FROM DELL MARKETING, LP, THROUGH DIR COOPERATIVE CONTRACT NO. DIR-TSO-3763 IN THE AMOUNT OF $47,761.14 USING TEXAS ANTI-GANG CENTER GRANT #2848908 FUNDING, AND CONSIDER RESOLUTION NO. 2023-XX AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL ASSET TRANSFER ADDENDUM WITH THE DALLAS COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE. B.4 AUTHORIZE THE PURCHASE OF FIFTEEN (15) BULLET-RESISTANT SHIELDS FROM GT DISTRIBUTORS IN THE AMOUNT OF $61,974.44 USING FY2023 BULLET-RESISTANT SHIELD PROGRAM GRANT 4631601 FUNDING THROUGH THE OFFICE OF THE GOVERNOR'S CRIMINAL JUSTICE DIVISION. February 13, 2023 City Council Meeting Minutes Page 6 of 13 B.5 CONSIDER RESOLUTION NO. 2023-013, AUTHORIZING THE CITY MANAGER TO EXECUTE A REGIONAL ASSET TRANSFER ADDENDUM WITH THE CITY OF FORT WORTH TO TRANSFER EQUIPMENT PURCHASED BY THE CITY OF NORTH RICHLAND HILLS USING TAG GRANT#2848908 FUNDS. B.6 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC., FOR THE ANNUAL PUBLIC SAFETY RADIO MAINTENANCE AGREEMENT IN THE AMOUNT OF $297,619.88. B.7 CONSIDER RESOLUTION NO. 2023-014, AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE HOMELAND SECURITY GRANT PROGRAM FY23 URBAN AREAS SECURITY INITIATIVE. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT D.1 PLAT23-0031 CONSIDERATION OF A REQUEST FROM GEONAV LLC FOR A PRELIMINARY PLAT OF LOTS 1 AND 2, BLOCK 1, SMITHFIELD GATEWAY ADDITION, BEING 4.0547 ACRES LOCATED AT 6251 DAVIS BOULEVARD. APPROVED Director of Planning Clayton Comstock informed City Council the applicant is requesting a preliminary plat for 4.0547 acres located at 6251 Davis Boulevard. The area is designated on the Comprehensive Land Use Plan as transit oriented development and the current zoning is transit oriented development. Mr. Comstock provided site photos of the property. Applicant representative Mickey Thomas with MJ Thomas Engineering LLC presented the request. He stated that the applicant GeoNav LLC is developing a drive through coffee shop. Mr. Comstock presented staff's report. The proposed preliminary plat creates two nonresidential lots. At a future date, the owner will submit a final plat for the southern lot (Phase one) intended for a coffee shop with drive-through service. The drive through will require consideration of a special development plan. The Planning and Zoning Commission, at their January 19, 2023 meeting, recommended approval with the conditions outlined in the Development Review Committee comments with a vote of 6-0. February 13, 2023 City Council Meeting Minutes Page 7 of 13 A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY ASSOCIATE MAYOR PRO TEM TURNAGE TO APPROVE PLAT23-0031 WITH THE CONDITIONS OUTLINED IN THE DEVELOPMENT REVIEW COMMITTEE COMMENTS. MOTION TO APPROVE CARRIED 5-0. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS FA CONSIDER AND APPROVE RESOLUTION NO. 2023-015, CALLING THE MAY 6, 2023 CITY COUNCIL ELECTION, AND AUTHORIZING THE MAYOR TO EXECUTE A JOINT ELECTION AGREEMENT WITH TARRANT COUNTY AND OTHER POLITICAL SUBDIVISIONS FOR ELECTION SERVICES. APPROVED City Secretary/Chief Governance Officer Alicia Richardson informed City Council the item before them this evening is to approve Resolution No. 2023-015, calling the City's General Election to be held on May 6, 2023 to elect persons to City Council Places 1, 3, 5, and 7. The candidate filing period began January 18 and the last day to file for a place on the ballot is February 17. Early voting for the election begins April 24 and continues through May 2. Early voting locations in North Richland Hills include the City Library, 9015 Grand Avenue and Former Bursey Senior Center, 7301 Bursey Road. In addition, voters will be able to vote at any early voting location in Tarrant County. On Election Day, the City Library and Former Bursey Senior Center will serve as polling locations. As with Early Voting, qualified voters will be able to vote at any Election Day polling location in Tarrant County. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER VAUGHN TO APPROVE RESOLUTION NO. 2023-015. MOTION TO APPROVE CARRIED 5-0. F.2 CONSIDER AND APPROVE ORDINANCE NO. 3777, ORDERING A SPECIAL ELECTION ON MAY 6, 2023, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF NORTH RICHLAND HILLS. APPROVED February 13, 2023 City Council Meeting Minutes Page 8 of 13 Mayor Trevino called on Council member Turnage who served as the Chair of the Charter Review Task Force Committee ("Task Force") to make comments. Council member Turnage introduced the following Task Force members present at the meeting, Steve Koons, Brianne Goetz, Phil Beckman, Jason Winans, and Patti Hourihan. Council member Turnage stated the proposed language brings the City Charter in line with state law and strengthens the code of conduct for the City Council. The majority of the amendments pertain to the Civil Service section. Mayor Trevino thanked the Task Force members for their assistance and review of the City Charter. City Manager Mark Hindman provided an overview of the twenty-six (26) proposed charter amendments. Proposition A - clarifies the City Council receives $50.00 per meeting where the entire City Council is called to attend. Propositions B, C, and D - pertain to the qualifications for City Council. Proposition B - requires a candidate for City Council be a registered voter of North Richland Hills. Proposition C - expands the list of crimes that cause a City Council member to forfeit their position. Proposition D - provides authority to establish a succession plan in the absence of the mayor and mayor pro tem. Proposition E - removes requirement of the City Council to appoint assistant city secretaries and the Clerk of the Municipal Court; removes City Council's appointment of the municipal court judge and also removes requirement that judges be residents of North Richland Hills. Proposition F - provides for the appointment of alternate(s) to the Planning and Zoning Commission. Proposition G - removes requirement that Planning and Zoning Commission members own property in North Richland Hills. Proposition H - provides the appointment and removal of Planning and Zoning Commission members reflect the same process as other boards and commissions. February 13, 2023 City Council Meeting Minutes Page 9 of 13 Proposition I - removes the requirement that all plats be approved by the City Council and allows the City Council to delegate authorization as allowed by state law. Proposition J - provides that civil service only applies to sworn firefighters (ranks below Fire Battalion Chief), sworn peace officers in the police department (ranks below Police Captain) and sworn city marshal positions who have completed a one (1) year probation. Proposition K - allows for appointment of alternates to the Civil Service Commission and authorizes removal of a member by majority vote of the City Council; also requires the Commission to comply with the city's board and commission attendance requirements; and modifies meeting requirement to once annually. Proposition L - authorizes the Civil Service Commission to recommend rules governing hiring, promotion and discipline to the City Council; hear appeals of disciplinary terminations, suspensions, and demotions; report on all matters for enforcement and compliance; and prohibits the Commission from interfering or providing instructions to city staff outside their formal responsibilities. Proposition M - clarifies the Civil Service Commission's authority to administer oaths, compel and subpoena witnesses and records. Proposition N - removes rules (hiring, promotion, re-appointment, transfer or demotion, to include method of examination and eligibility) of all civil service positions from the City Charter and establishes these rules be recommended by the Commission to the City Council. Proposition O - extends the time the Commission holds an appeal hearing from 30 to 45 days. Proposition P - requires a reinstated employee by the Commission be reinstated within 10 days of the order and have all compensation and benefits restored; limits ability of Commission to reinstate an employee charged with a crime (other than a minor traffic offense); and eliminates automatic requirement that the City Manager remove a department head for not following the Commission's order to reinstate an employee. Proposition Q - clarifies that appeals go to the District Court in Tarrant County. Proposition R - replacement language - "head of department" with "Department Head"; "employee" with "Civil Service Employee"; and "Director of Personnel" with "Director of Human Resources". February 13, 2023 City Council Meeting Minutes Page 10 of 13 Proposition S - removes Sections 10, 14, 22, 22A, and 22B from the City Charter and places them in the Civil Service Rules and Regulations, other applicable sections of the charter or the City's Personnel Policy Manual. Proposition T - removes requirement to distribute the Civil Service Rules and Regulations to each department and require the document be made accessible for review. Proposition U - clarifies sworn civil service employees retain their civil service classification, if amendment is approved. Proposition V - moves procedures regarding settlement of employee beneficiary account from the City Charter to the City Personnel Policy Manual. Proposition W - authorizes city manager to increase vacation accruals on a temporary or permanent basis. Proposition X - moves disciplinary procedures for violation of prohibition from the City Charter to the Civil Service Rules and Regulations and the City Personnel and Procedures Manual. Proposition Y - reduces the number of times an adopted ordinance that assesses a fine, fee, or penalty is published in the paper to one time. Proposition Z - update language in the charter from "members of the City Council" to "Council members" or "Council member"; remove redundancies or inconsistencies; correct any typographical errors; and remove or modify language that conflicts with or is preempted by other state or federal legislation. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM TURNAGE, SECONDED BY DEPUTY MAYOR PRO TEM DEUPREE TO ORDINANCE NO. 3777, ORDERING A SPECIAL ELECTION ON MAY 6, 2023, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF NORTH RICHLAND HILLS. MOTION TO APPROVE CARRIED 5-0. GA EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Director of Economic Development Craig Hulse presented items GA and G.2. He February 13, 2023 City Council Meeting Minutes Page 11 of 13 informed City Council that the City has been working with Cromwell Hospitality, LLC. for an upscale hotel in the HomeTown area. There are two agreements for consideration by the City Council. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM TURNAGE, SECONDED BY COUNCIL MEMBER VAUGHN TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT AND ANY OTHER NECESSARY AND RELATED DOCUMENTS WITH CROMWELL HOSPITALITY, LP FOR LOT 3E, BLOCK 1, NORTHEAST CROSSING ADDITION AND TRACT 5E01, ABSTRACT 1652, LANDON C WALKER SURVEY MOTION TO APPROVE CARRIED 5-0. G.2 EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED This item was presented in conjunction with item G.1. A MOTION WAS MADE BY ASSOCIATE MAYOR PRO TEM TURNAGE, SECONDED BY DEPUTY MAYOR PRO TEM DEUPREE TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN ECONOMIC DEVELOPMENT AGREEMENT WITH CROMWELL HOSPITALITY, LP FOR LOT 3E, BLOCK 1, NORTHEAST CROSSING ADDITION AND TRACT 5E01, ABSTRACT 1652, LANDON C WALKER SURVEY. MOTION TO APPROVE CARRIED 5-0. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Compton made the following announcements. The Common Ground Community Garden invites you to their Spring Gardening Seminar on Saturday, February 19, starting at 9.00 a.m. in the Grand Hall at the North Richland Hills Centre. Gardening experts will speak on a variety of topics and answer all of your gardening questions. Admission is free. Please visit the city's website for more information. Friends of the North Richland Hills Library will hold a Pop Up Book Sale on Saturday, February 13, 2023 City Council Meeting Minutes Page 12 of 13 February 18, from 10.00 a.m. to 3.00 p.m. in the Library Community Room. Proceeds from the book sale will go to a fundraiser for a new mural in the children's area of the library. Please visit the library's website for more details. City Hall and other non-emergency city offices will be closed on Presidents Day for employee in-service training. This includes the Library, Animal Adoption & Rescue Center, Senior Center and Municipal Court. The North Richland Hills Centre and Iron Horse Golf Course will be open. Garbage and recycling service will not be impacted by the Presidents Day holiday. Kudos Korner - Bri Shipman in Animal Services - The city received a handwritten note from a resident about the great service Bri provided. It stated: "I want to thank NRH Animal Services who sent the young lady to our house to pick up a deceased opposum. The young lady who arrived was cheerful, friendly and efficient and definitely showed the core values of our city! Thank you City of NRH Animal Services for all you do!" I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:48p.m. ATTEST: Oscar Trevino, Mayor Alicia Richardson, City Secretary/Chief Governance Officer February 13, 2023 City Council Meeting Minutes Page 13 of 13 MEL " H 'IM ffl%th, O&TH KICMHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2022 SUBJECT: Authorize the purchase of library books in a variety of formats from Baker and Taylor (State Contract No. 715-M2) in the amount not to exceed the budgeted amount of$250,000. Cecilia Barham, Director of Library Services PRESENTER: SUMMARY: This item is to authorize one time as well as cumulative payments to Baker and Taylor for purchases that exceed the $50,000 purchasing threshold for regularly budgeted maintenance related items. GENERAL DESCRIPTION: The North Richland Hills Library uses Baker and Taylor for the purchase of books in a variety of formats for the library's circulating collection. The Library has used Baker and Taylor for the purchase of books for the past eight years. By participating in the BuyBoard program, the city is meeting all state competitive bidding requirements for this purchase. As part of the FY22-23 budget process, City Council approved the funding for the purchase of books for the library's circulating collection. The Library makes monthly purchases from Baker and Taylor using circulation-driven monthly spending targets in the amount of$20,000.00 per month. This authorization allows ongoing purchases for Fiscal Year 23 of these materials through the State Contract No. 715-M2. RECOMMENDATION: Authorize the purchase of library books in a variety of formats from Baker and Taylor in an amount not to exceed the budgeted amount of$250,000. DocuSign Envelope ID:3BD492DE-270E-43DA-869B-02865C96BBB7 ✓tthnn. GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS Baker & Taylor, LLC Attn: Stefanie Kremer 2810 Coliseum Centre Dr., Ste. 300 Charlotte, NC 28217 NOTICE OF CONTRACT RENEWAL RE: Contract Category: 715-M2 Publications, Audiovisual Materials, Books, Textbooks, and Ancillary Services Contract ID No.: 715M2-2704 Renewal Term: Nov. 1, 2022, through Oct. 31, 2023 Dear Contractor: In accordance with the specified terms and conditions of the above-referenced Contract, the Texas Comptroller of Public Accounts hereby exercises its option to renew the Contract for the period stated above. All terms and conditions of the original Contract will remain the same and in full force and effect during the renewal term. Texas Comptroller of Public Accounts DocuSigned by: E43A06E34ACF4AE_. Bobby Pounds Statewide Procurement Division Director Date: 10/24/2022 1 4:41 PM CDT (https://www.comptroller.texas,gov/) Texas Comptroller of Public Accounts Glenn Hegar (https://www.txsmartbuy.com) Bid Postings(https://www.txsmartbuy.com/#esbd) Contracts SPD Applications Help(https://www.txsmartbuy.com/#help) 0 items Contract Details: # 715-M2 Number 715-M2 Description Publications, Audiovisual Materials, Books, Textbooks, and Ancillary Services Category Managed Type Term Start Date 6/29/2020 End Date 10/31/2023 Purchase Category PCC C Code(Agencies Only) Optional Renewal Terms November 1, 2023, through October 31, 2024 Purchase Orders Customers will issue an internal purchase order that references this CPA Contract Number and current item description(s) and pricing as stated on this contract. The Contractor will not ship any products or provide related services until receipt of a Purchase Order generated by the State Agency, Higher Education or Cooperative member. NIGP Code(s) 525-10 525-20 525-40 715-04 715-05 715-10 715-46 715-55 956-10 CPA Contract Questions regarding contract management issues, price changes, amendments or other post-award concerns Management should be directed to: SPD Contract Management Office (SCMO) Texas Comptroller of Public Accounts(CPA) Phone: (512)463-3034 option 3 Email: spd.cmo@cpa.texas.gov(mailto:spd.cmo@cpa.texas.gov) Contract Items and Customers should contact the applicable company representative in order to set up an account. Pricing 715-M2 Baker&Taylor, LLC Price Sheet(hftp://www.b(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%20B&T%20TSB%20Contract%201tem%20Listing.pdf) 715-M2 Brodart Co. Price Sheet(http://www.b(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%20Brodart%20TSB%20Contract%201tem%20Listing.pdf) 715-M2 Yankee Book Peddler, Inc. dba GOBI Library Solutions from EBSCO Price Sheet (hftp://www.b(smartbuy.com/SSP%20Applications/NetSuite%201 nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%20GOB1%20 Libra ry%20Sol utions%20from%20EBSCO%20TSB%20Contract%201tem%20Listing.pdf) 715-M2 Ingram Library Services LLC Price Sheet (hftp://www.b(smartbuy.com/SSP%20Applications/NetSuite%201 nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%201 ngram%20TSB%20Contract%201tem%20Listi ng.pdf) 715-M2 Midwest Library Service, Inc. Price Sheet (hftp://www.b(smartbuy.com/SSP%20Applications/NetSuite%201 nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%20Midwest%20Library%20Service%20TSB%20Contract%201tem%20Listing.pdf) 715-M2 Midwest Tape, LLC Price Sheet(http://www.txsmartbuy.com/SSP%20Applications/NetSuite%201nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%20Midwest%20Tape%20TSB%20Contract%201tem%20Listi ng.pdf) 715-M2 ProQuest, LLC Price Sheet(hftp://www.b(smartbuy.com/SSP%20Applications/NetSuite%201nc.%20- %20Shopping/Custom%20ShopFlow/Documents/Contract%20Attachments/715- M2%20ProQuest%20TSB%20Contract%201tem%20Listi ng.pdf) Warranty Details Warranty/Guarantee Each product proposed is to be warranted against defects in workmanship and material for a period of ninety(90) days or the duration of the manufacturer's standard warranty, whichever is longer, following Customer's acceptance. If no time or specific protocol for acceptance is specified elsewhere in the Contract or the Customer purchase order, items are presumed accepted ten (10)working days after receipt. The warranty will apply to any warranty service or repair requested by Customer during the warranty period by contacting the Contractor or Contractor's designee with such request, regardless of the amount of time required to complete the requested warranty service or repair. It is the intention of the parties to this Contract that Contractor's warranty obligations hereunder will survive the termination of this Contract. Replacement 1) Contractor must guarantee replacement of improperly manufactured products due to defective materials or product during the initial Contract period and any exercised renewal options. 2) Contractor must guarantee replacement or compensation to Customer if Contractor damages Customer's property when applying ancillary or processing services. 3)The replacements must be processed and received by the Customer within two weeks of written notification. 4) Contractor will provide replacement free of any charge, including any shipping necessary to return the product when necessary. 5) Contractor will either replace the product with new product or refund the full purchase price of the product, whichever the Customer prefers. Adding New Products to Additional products or services of the same general category that are not already on the contract may be added by the Contract submitting an Open Market Requisition (hftps://comptrolIer.texas.gov/purchasing/forms/)to the Statewide Contract Development section at open.market@cpa.texas.gov(mai Ito:open.market@cpa.texas.gov). Delivery Delays by If delay is foreseen, Contractor shall give written notice to the Customer and must keep Customer advised at all Contractor times of status of order. Default in promised Delivery Days After Receipt of Order(ARO)without accepted reasons or failure to meet specifications authorizes the Customer to purchase goods and services of this contract elsewhere and charge any increased costs for the goods and services, including the cost of re-soliciting, to the Contractor. Failure to pay a damage assessment is cause for contract cancellation and/or debarment or removal of the contractor, as applicable, from the State's Centralized Master Bidders List(CMBL). Compliant Products by Delivery does not occur until the Contractor delivers products, materials or services in full compliance with the Contractor specifications to Customer's F.O.B. destination, unless delivery is specifically accepted, in whole or in part, by the Customer. Providing products, materials or services which do not meet all specification requirements does not constitute delivery. Customer reserves the right to require new delivery or a refund in the event that materials or products not meeting specifications are discovered after payment has been made. Purchase Order The Customer may request that a Contractor cancel a specific line item or an entire purchase order. There shall be Cancellation no fees charged for cancellation of an item and/or order prior to shipment by the Contractor. A Purchase Order Change Notice should be processed and sent to Contractor. Restocking Fee for The Customer may request that a Contractor accept return of products already delivered. If the return is required Returned Products through no fault of the Contractor, the Contractor may request a reasonable restocking charge. The Customer may pay a restocking charge if the CPA or Customer determines that the charge is justifiable. As a guideline, such charges shall not exceed 10%for contractors. Substitutions During the Contract term, the Contractor shall not substitute a product or brand unless the Contractor has obtained prior written approval from the CPA Contract Manager in coordination with the Customer. The Contractor must have written confirmation from the CPA Contract Manager of the substitution before making delivery. Contractor Performance The Statewide Procurement Division Contract Management Office(SCMO), a division of the Comptroller of Public Accounts (CPA), administers a vendor performance program for use by all customers per Texas Government Code (TGC), §2262.055, and 34 Texas Administrative Code JAC), §20.108. The Vendor Performance relies on the customer's participation in gathering information on vendor performance. State agency customers shall report vendor performance on purchases of$25,000 or more from contracts administered by CPA, or any other purchase of$25,000 or more made through delegated authority granted by CPA JAC 20.108), or purchases exempt from CPA procurement rules and procedures. State agencies are additionally encouraged to report vendor performance on purchases under$25,000. Vendor Performance shall be reported through the CPA VENDOR PERFORMANCE TRACKING SYSTEM (hftps://www.comptroller.texas.gov/purchasing/programs/vendor-performance-tracking/). The purpose of the Vendor Performance Tracking System is to: • Identify vendors that have exceptional performance •Aid purchasers in making a best value determination based on vendor past performance • Protect the state from vendors with unethical business practices •Track vendor performance for delegated and exempt purchases Contractors Information VID: 14731799749 Contractor: Baker&Taylor, LLC Contact Name:Wendy Hardy Email:wendy.hardy@baker-taylor.com Phone: (800)775-1200 x2776 Alternate Contact Name: Stefanie Kremer Alternate Email: stefanie.kremer@baker-taylor.com Alternate Phone: (704) 998-3135 Address: 2550 West Tyvola Road Suite 300 Charlotte, NC 28217 VID: 12322487583 Contractor: Brodart Co. Contact Name: Mary Miller Email: mary.miller@brodart.com Phone: (800)233-8467 Alternate Contact Name: Lisa Miosi Alternate Email: lisa.miosi@brodart.com Address: 500 Arch Street Williamsport, PA 17701 VID: 16217466966 Contractor: Ingram Library Services LLC Contact Name: Stephen Casey Email:stephen.casey@ingramcontent.com Phone: (214) 952-6310 Alternate Email: ils.orders@ingramcontent.com Address: One Ingram Blvd. La Vergne,TN 37086 VID: 14308345058 Contractor: Midwest Library Service, Inc. Contact Name: Trish Banta Email: banta@midwestls.com Phone: (800) 325-8833 Alternate Contact Name: Herbert Lesser Alternate Email: hlesser@midwestls.com Address: 11443 St. Charles Rock Rd. Bridgeton, Missouri 63044 VID: 13714996868 Contractor: Midwest Tape, LLC Contact Name: Janet Timm Email:jtimm@midwesttape.com Phone: (800) 875-2785 Alternate Contact Name: Jeffery Jankowski Alternate Email:jankowski@midwesttape.com Alternate Phone: (419) 868-9370 Address: PO Box 820 Holland, OH 43528 VID: 13920538553 Contractor: Proquest, LLC Contact Name: Jess Snyder Email: Proposals@proquest.com Phone: (248)496-1065 Address: Proquest, LLC 789 E. Eisenhower Parkway Ann Arbor, MI 48106 VID: 10203021430 Contractor:Yankee Book Peddler, Inc. dba GOBI Library Solutions from EBSCO Contact Name: Bonnie LaRose Email: bidadmin@ybp.com Phone: (800)258-3774 x8895 Alternate Contact Name: Kate Hartnett Alternate Email: khartnett@ybp.com Alternate Phone: (800)258-3774 x8808 Address: 999 Maple Street Contoocook, NH 02339 Texas Comptroller of Public Accounts Glenn Hegar • Home(https:Hcomptroller.texas.gov) • Contact Us(https:Hcomptroller.texas.gov/about/contact/) POLICIES • Privacy and Security Policy(https://comptroller.texas.gov/about/policies/privacy.php) • Accessibility Policy(https:Hcomptroller.texas.gov/about/policies/accessibility.php) • Link Policy(https:Hcomptroller.texas.gov/about/policies/links.php) • Texas.gov(https://texas.gov) • Search from the Texas State Library(https://www.tsl.texas.gov/trail/index.html) • Texas Homeland Security(https://www.dhs.gov/geography/texas) • Texas Veterans Portal (https://veterans.portal.texas.gov/) • Public Information Act(https:Hcomptroller.texas.gov/about/policies/public-information-act.php) • Texas Secretary of State (https://www.sos.state.tx.us/) • HB855 Browser Statement OTHER STATE SITES • texas.gov(https://www.texas.gov/) • Texas Records and Information Locator(TRAIL) (https://www.tsl.state.tx.us/trail/) • State Link Policy (http://publishi ngext.di r.texas.gov/portal/internal/resources/DocumentLi brary/State%20Website%20Linking%20and%20Privacy%20Policy.pdf) • Texas Veterans Portal (https://vete ra ns.portal.texas.gov) M,RH NOKD-1 KIC-HLAND lit Ill." (APPENDIX ifT-0 THE PURCHASING PWCY AND PROCEDURES fAANUAL) CITY OF NORTH RICHLAND HILLS COOPERATIVE PURCHASE CUSTOMER AGREEMENT "Arts Cooperative Purchase Customer Agreement("Custorneir Agreernent") is entered into by and between Baker&Taylor, LLC. ("Vendor") and the City of North Richland Hills,("Customer"or"'Authorized Customer"),a Texas,government entity,and a Customer authorized to purchase goods air services pursuaN to the Agreemertl between the TX SmartBuy ,cooperative Entity")and Vendor, Contract No 716-M2, as arnerided, (the ""Agreement") vvilh,an expiration date of October 31, 2023 , this CustorrierAgreerrient includes and shalt be governed by (h the terms and conditions of the Agreement,which are Incorporated herein by reference and avaltable online at https:j'twww,txsmartbuy.com,tcoiitrac,tslvMewl2231 of, upon request frorn Vendor,(iii) the attached Vendor Quote/Purchaisr-.,e Order No, I if applicable,and(Iii)the Government Contract and Purmhasing Rider for Contracts with the City of North Richland Hills Contracts,if applicable,all of which are attached hereto andlor,incorporated herein by reference Authorized Customer is,eligibIe and desires to purchase books and audiovisual rnalefralS pursuant to the teirins and conditions of the Agreement as the Cooperafive,Entity may specify fr=tirne to firrie, as well as the terrns and conditions of this Customer Agreement.To,ensure goods and services, are provided directly to the Customer, the Cooperative Entity wW only be responsible for services provided to the Cooperative Entity wit hot be, responsible far payments for services provided tothie Customer The Authorized CLjstorn(;r agrees to the lenns arid conditions of the Agreement as applicable and as authorized by Iaw The Authorized Customer hereby agrees that it is separately and solely liable for all obligations and payments for equifirriern,products and services provided hereunder Vendor agrees that 0,istorner shalt be entitled to the sarne rights and protections,under the law afforded to the Cooperative Entity Linder the Agreernent, as applicable,as if Custorner had entered Into the,Agreement,Except in his evenit of gross negligence or intentional misconduct,Customer's liability shah riot exceed the amount paid by Custorner Urldef this Customer Agreement for the proceeding twelve(12) rnonth period,Vendoragrees that urifil the expiration of three(3)years after final Payment under this Custorner Agreement,or the final condi.iSiOu of any audit cornmenced during the said three years, Customer, or Custiorner's designated representative,shalt have access to arid the right to audit at reasonable times,all records,hard copy or electronic, Involving transactions relating to this Customer Agreement necessary to determine cornpliance herevoth, at no additional cost to the Cii,iSleiffieir Vendor agrees that:the Customer shall have access in such records duhnig normal business hours, Customer shall piovide Vendorwrtli reasonable advance notice of any intended audits Purchase Price-Payrrients under thin~Custorner Agreement shall riot exceed S, 220,000 00 ("Purchase Price'') Term-The Term of this GustornerAgreentent("Terrn")shall be for one of the foliowing as selected below(Select the type of contract that appfies): ."I hase of goods or Singfe Purchase Contract-The Term shalt riot exceed one (1) year, arid this (Aisromer Agreenient shalt be for the puirc services as spedfled and quoted by,the Vendor,and the Purchase Price shalt not exceed the budgeted amount for CLIstorner's current fiscal year for the applicable goods and services Al Supply/As Needed Contract- The Tenor shall be effective as of October I"and shall expire on September 301"at the end of FY 22.23 This Customer Agreement shall be for multiple purchases of goods or services cri an as needed basis, rOrn the sarne vendor Linder the sarne contract,im,ld shall not exceed,the,budgeted arriount for GUStOrner's current fiscal year for the applicable goods and services " I Matti-Year Contract--The Terra shiall be for Number of years year(s)expiring on Expiration Date This Customer Agreement may The renewf.,,id for Number of Renewals. Customer Agreement shalt be Win a single vendor for products and services. If the amount:of expendAures under this i Year Contract equals or exceeds$50,000 in the aggregate,City Council approval is required. In the event the Cfty does not appropriate sufficient funds to make payments during the current or any subsequent year,the City shalt have the right to teiiniinate this Multii-Year Contract at the end of any sucri fiscal year withoig penalty. ' Emergency Purchase- Purchases that aie, necessary to addiress,a public calarrity, because of unforeseen damage to property, or to protect the public health or safety vihere the City ability to serve the public would be impaired if the purchase were riot rmide immediately.Emergency Purchases must meet the requirements of Local Government Code 252.022, and rn'Usl be ratified by City Council mf the purchase is$50,0 0 or more. ('Govern ment Rider- Seiect if Vendor has additional terms and cm,iditrons prat apply to this purchase) If thus purchase contains Government Contract and Purchasing Rider for Contracts with the City of North Richland Hills, rexas additional terms and condlhons fronni the Vendor, other than those set forth in the Agreement, the Vendor shalt separately execute the Government Contract and Purchasing Rider for Contracts wiffithe Cilly of North Richlarid Hills, rexas("Government Rider") Such appliceble tenors and conditions as set forth in,the Government Rider shall supersede any conflicting terms of the Vendor's terms and conditions, and such Government Rider shall control, The Governrrient Rider is attached heielo,incorporated herein by reference and rijacle a part of this Customer Agreement'foi alt purposes, The undersigned re-presents and warranits,that helshe has the power arid authority to execute this Custorner Agreement, bind the respective paily, and that fine execution and perforniance of this Customer Agreement has been ckily authorized Iby the respective party, This CUStorner Agreeirrienl, and any amendment hereto, may be executed in counterparts, and electronically signed" scanned digitally signed and sent via electronic retail and Such signatures shall have the sarne effect as original manual Signatures Hach party has Caused this(,`,uslomer Agree merit to be executed by its duty authorized representabve an this 26 day of October 20 22 C&gnature Page Foilowsl NRI-4 Cooperative Purchase Customer Agreen"lent,page 1 of 2 CA-CONTRACT NO, PUR0002_20220107 Vendor Name: Baker& Taylor,LL.C. ACCSPTED AND AGREEM NORTHCITY OF HILLS, Saker , for LLC APPROVED:i= t funds are caurwe-awtt available By�. *S ,f rthi!s pLucha , Naarn renmsr 0 (Check the box it1 u a a�� ,: "T fc; Director,Pricing Services Dow November 4,2M Scott Kendall I V Q 11 0"'I 9 42A5,,,. Sri KendaU r4urt"ftiN Manager Department Director. By _. Printed Name: D"rtrsment, 'APPROVED� y" _ _....._..... Cw t :...... -nark Hindman,City Manager Or Desi rac : By raat :......w ttamrra 1"aw ATTEST., y�: Alicia Richardson,City SecretarylChief Governance Officer y" __. .,..._..___._.._,,,.. ........_.._.. �e......W.,..,�... .. t'raacf Henderson,Assistant City Secretary N' tt Uty Council Action: Y 0 N i"I Date Apprmed: Agenda it art No- tRe,s No. APPROVEDTO FORM AND LEGALITY: tataat slmiis Gt.McG6rmnm,City Attorney By �. _ __,.,._ ._..._ ...... Thrtaraass McMillian,Assistant CityAttorney NRH Cooperadve Purctrase Customer Agielement, Page :of 2 CA-CONTRACT140,PURN02204120107 Vendor turret Baker Taylor,lor,tw LC, [�[[ BAKER & TAYLOR Texas State Contract #715-M2 —Terms and Discounts for Public Libraries &State Agencies Effective November 1, 2022 - October 31, 2023 Books— Firm Orders: Customer Service—Firm Order Books/Spoken Word I. Adult Trade Hardcover Editions 46.5% and Plavawav Audio II. Juvenile Trade Hardcover Editions 46.5% Wendy Hardy Customer Service Representative (800) 775-1200 x2434 III. Adult Quality Paperback Editions 40.5% Email: wend, .hardy(a)baker-taylor.com IV. Juvenile Quality Paperback Editions 40.5% Customer Service—DVD V. Mass Market Paperback Editions 40.5% Vicki Doherty, Inside AV Sales Consultant VI. Single Edition Reinforced 21.5% (800) 775-1200 x2046 Email: vicki.dohe&@baker-taylor.com VII. Publisher Library Editions 21.5% VIII. University Press Trade 8.00/0 Sales Consultant Tammy Roberts IX. Text,Technical, Reference,Small Press Phone: 800-775-7930 x1270 And Titles of Limited Demand 8.00/0 Email: tam mv.robertsCa7baker-taylor.com (May be of any binding and includes non trade university,Dress and some spoken word audio) X. Imported English and Non-English Language Editions: 0.00/0* TO OPEN AN ACCOUNT: Some qualifying editions will receive an 8.09yo discount. Contact Information Services XI. Enhanced Services Program 0.0% + $4.95/unit 800-775-1800 (Optional Service.) Titles where Baker&Taylor receives no Email: btinfoCa baker-taylor,com discount from the publisher or prepayment is required by the publisher or books of small, limited in demand and/or non- commercial publishers will be invoiced at list price plus a$4.95 per PLACING ORDERS unit service charge. *Some qualifying editions will receive an 8.09yo discount. Firm Orders(Book and Spoken Word): XII. Spoken Word Audio 45.5% Baker&Taylor, LLC Attn: Order Department XIII. Board Books 40.5% Commerce Service Center 3584 Old Maysville Rd XIV. Novelty Items/Activity Books 40.5% Commerce, GA 30529 Toll-Free Phone: 800-775-1100 XV. Special Programs such as: Toll-Free Fax: 800-775-7480 Paw Prints/FollettBound Editions 10.00/0 Email: Orders@baker-taylor.com Turtleback Editions 10.00/0 Playaway Audio 20.0% DVD Discounts will be applied to the,publisher's current list,price at the time of Baker&Taylor, LLC shipment. Please note that the,publisher's list,price is subject to change 875 Greentree Road; Suite 678 without notice. Seven Parkway Center Pittsburgh, PA 15220 By Phone: 800-775-2600 AV: By Fax: 412-875-9816 AVInfo@Baker-Taylor.com DVDs 28.5% Visit our website&order online: www.baker-L4ylor.com Payment terms: Net 30 days from date of invoice. Contract Item List Contract No.715M2 Publications,Audiovisual Materials, Books,Textbooks,and Ancillary Services Baker&Taylor,LLC K-12 Public Libraries Academic State Agencies and School Libraries (City,Regional,etc.) Institutions Co-Op Member Category Category Category Category Electronic and Digital Materials Category 1 Digital pre-loaded;all-in-one audio books N/A 20% 20% 20% Category 2 Digital pre-loaded;all-in-one audio book pack kits N/A N/A N/A N/A Category 3 Digital pre-loaded N/A N/A N/A N/A Category 4 Audiovisual Pre-loaded;Device included N/A N/A N/A N/A Print Materials Category 5 Adult trade;fiction/non-fiction hardbound N/A 46.5% 40% 46.5% Category 6 Adult trade;fiction/non-fiction paperback N/A 40.5% 20% 40.5% Category 7 Juvenile trade;fiction/non-fiction hardbound N/A 46.5% 40% 46.5% Category 8 Juvenile trade;fiction/non-fiction paperback N/A 40.5% 20% 40.5% Category 9 Mass market paperback;rack N/A 40.5% 20% 40.5% Category 10 Non-trade publication;hardbound N/A 8.0% 20% 8.0% Category 11 Non-trade publications;paperback N/A 8.0% 20% 8.0% Category 12 University press N/A 8.0% 20% 8.0% Category 13 Adult library bound;fiction/non-fiction N/A 21.5% 20% 21.5% Category 14 Juvenile library bound;fiction/non-fiction N/A 21.5% 20% 21.5% Category 15 Pre-bound hardbound N/A 10.0% 0% 10.0% Category 16 Pre-bound paperback N/A 10.0% 0% 10.0% Nonstandard Formats Category 17 Music/Audio Compacts Disc;Pre-recorded N/A N/A N/A N/A Category 18 Music/Audio Record Disc,Vinyl;Pre-recorded N/A N/A N/A N/A Category 19 Audiovisual DVD/Blue-ray pre-recorded;feature/non- N/A 28.5% 28.5% 28.5% feature films Category 20 Spoken word/audio compact disc pre-recorded;abridged N/A 45.5% 34% 45.5% Spoken word/audio compact disc pre-recorded;un- Category 21 N/A 45.5% 34% 45.5% abridged Category 22 Spoken word/audio MP3 format pre-recorded;un-abridged N/A 45.5% 34% 45.5% NSA not:,awaidod Contract Item List Contract No. 71SM2 Publications,Audiovisual Materials, Books,Textbooks,and Ancillary Services Baker&Taylor, LLC Premium Processing-Shelf-Ready Base Price Description Option 1.Mylar,label protectors,spine label,barcode and standard M Mylar Jacket(or Laminate Cover),Label Protectors,Spine ARC Record=$1.48;Option 2.Poly laminate cover,label Label,Barcode,and Standard MARC Record 1.48-2.88 protectors,spine label,barcode and standard MARC Record=$2.08; Option 3.Traditional laminate cover,label protectors,spine label, barcode,and standard MARC Record=$2.88 Option 1.Mylar,label protectors,spine label,barcode,RFID tag Mylar Jacket(or Laminate Cover),Label Protectors,Spine (linked and affixed)and standard MARC Record=$2.17;Option 2. Label,Barcode,RFID Tag(programmed and applied),and 2.17-3.57 Poly laminate cover,label protectors,spine label,barcode,RFID tag Standard MARC Record (linked and affixed)and standard MARC Record=$2.77;Option 3. Traditional laminate cover,label protectors,spine label,barcode, RFID tag(linked and affixed)and standard MARC Record=$3.57 Processing Services Base Price Description Brief MARC Record No Charge If Vendor Offers MARC records,a Brief MARC Record Shall Be Free of Charge,Per the Terms of This RFP Full MARC Record .30 Price per unit,Standard(unedited)MARC Record Mylar Jacket .69 Price per unit,Includes loose,glued or taped Barcode Label .20 Price per unit,Baker&Taylor supplied Barcode Label,Application of Customer Supplied Barcodes is$.25/unit Label(per application-Customer supplied) .25 Price per unit,Customer Supplied Label Label(per application-Vendor supplied) .25 Price per unit,Baker&Taylor Supplied Label Genre Label .25 Price per unit,Baker&Taylor Supplied Label Spine Label .29 Price per unit,Baker&Taylor Supplied Label Label Protector .00 Free of Charge Pocket(paper) .35 Price per unit Pocket(vinyl) N/A N/A Property Stamp(per impression) .20 $.20 for first location,$.10/each additional location Spine Tape(inside) 1.50 Price per unit Spine Tape(Outside) 1 1.50 jPrice per unit Audio Visual Processing and Accessories Base Price Description Spoken Word Audio or Music/DVD Digital Media Processing Digital Processing for Media 5.79 Services. Includes Digital Media Processing with artwork,standard case and fixed data labels. Additional variable labels available for$ .15 per label. Format Conversion Service N/A N/A Hub Label(per application) .99 Price per unit for hub labels,regardless of number of discs Shrink Wrap Removal .60 Price per unit DVD/CD Case,Holds Single Disc(Paper) N/A N/A DVD/CD Case,Holds Single Disc(Plastic) .40 Standard Cases Used to Repackage Singles/Doubles(Polyline) DVD/CD Case,Holds Multiple Discs 1.35 Standard Cases Used to Repackage Multiple Discs as a Set (VERSA/VORTEX CASES) DVD/CD Case,Locking 1.00 SECURE ii LOCKING CASES,SINGLE&DOUBLE(CLEAR OR BLACK) Spoken Audio CD Case;Various Capacities 3.79 Standard black Spoken Word Audio Cases,Upgraded cases available for$4.69/unit Laminated Paperback Covers Base Price Description Polypropylene Laminate;Various Thicknesses 1.29 Price per unit,Clear Poly Laminate(7 mil thickness) Vinyl Laminate;Various Thicknesses 2.09 Price per unit,Traditional Laminate(10 mil thickness) RFID/Theft Deterrents Base Price Description Pre-programmed RFID/Barcode Set(1 Barcode);Applied to 39 Price per unit for application of the Pre-programmed RFID/Barcode book Set, which would need to be Customer Supplied RFID("universal"tag programmed and applied) .69 Link&Affix Baker&Taylor Supplied Universal RFID Tag CD/DVD Overlay RFID Tag 1.50 1 Link&Affix Baker&Taylor Supplied Overlay RFID Tag Theft Deterrent Tape/Strip 1 .59 IBaker&Taylor Supplied 3M or Checkpoint Theft Detection Additional Processing Components Additional Processing Components/Services Available: Baker&Taylor Universal RFID Tag:$.25/unit Application of B&T Supplied RFID Tag:$.19/unit Additional Cataloging&Processing Services,as well as Customized Cataloging and Processing Services through Customized Library Services (CLS),are available. Please contact your Customer Service Representative or Sales Representative to learn more. DocuSign Envelope ID:4D109D3F-9549-4DB9-9D98-FE57A537B58D GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS NOTICE OF AWARD Page 1 of 2 Payee ID#: 14731799749 Contact Name: Stefanie Kremer Baker & Taylor, LLC Phone: 704-998-3135 2550 West Tyvola Road, Suite 300 Email: Stefanie.kremer@baker-taylor.com Charlotte, NC 28217 Re: Contract Category: 715M2 Publications, Audiovisual Materials, Books, Textbooks, and Ancillary Services Contract ID No.: 715M2-2704 RFP No.: 304T-20-715M2 Term of Contract: date of Deputy Comptroller's signature on this Notice of Award through October 31, 2021 Your company, Baker & Taylor, LLC, submitted a Proposal to the Comptroller of Public Accounts (CPA) in response to the above-referenced Request for Proposal (RFP). This letter is to inform you that the Comptroller accepts your Proposal for the items listed in the attached Contract Item List. The Contract Item List includes a description for each item. This description must be included on the sales report as required in Part A, Section A.10, to be submitted by the Contractor. The Contract consists of the documents stated in Section B.3.4 of the RFP; however, products or services in your Proposal for which you sought an award that are not included in the attached Contract Item Listing are not part of the Contract. Only those assumptions and exceptions specifically noted in this award letter have been accepted by CPA. All other assumptions and exceptions are specifically denied. Any oral discussions, representations, or accommodations regarding assumptions or exceptions are specifically disclaimed. As stated in the RFP, no minimum compensation under the Contract is guaranteed. You must not process or make delivery for any products or services until receipt of a purchase order by a Customer pursuant to the terms of the Contract. Any payment due under this Contract will be applied towards any debt, including but not limited to delinquent taxes and child support, which is owed to the state of Texas. The terms and conditions of this Contract may be modified only through a written amendment executed by an authorized representative of the CPA. Customers may not modify the terms and conditions nor amend the Contract. Please review the attached Contract Item Listing carefully. Notify CPA of any errors requiring correction within five (5) business days of the date the Notice of Award was sent by e-mail from the Statewide Contract Development. Such notification and all invitations for any changes to the Corn ptroIIer.Texas.Gov DocuSign Envelope ID:4D109D3F-9549-4DB9-9D98-FE57A537B58D NOTICE OF AWARD Page 2 of 2 Contract, including communications regarding the Contract, shall reference the Contract number and IFB number and be submitted to Statewide Contract Management. Submit the required current certificate of insurance in accordance with Part A, Section A.6 within five (5) business days of this Notice of Award. The required current certificate must be submitted to Statewide Contract Management. Statewide Contract Management E-mail: cmo&7cpa.texas.�Zov Texas Comptroller of Public Accounts Fb DacuSigned by: Lis raWftFOE0444E . Deputy Comptroller Date: 6/29/2020 1 3:22 PM CDT Corn ptroIIer.Texas.Gov CERTIFICATE INTERESTED R TI S FORM 1295 1 Cyr I Comp ete Nols, t.-4 •nd tw ff there are rrolerr sIr d parties. OFFICE ONLY CompleteNos 1, .t s,and rr uI t aeie are no rnrerested puartles. CERTIFICATION OF PILING t aame of business entity filling frrrrrn,and the city„slate and country at the business earwtity"s place Certificate Numbec of business, 20,22-950324 Baker &Taylor, i_I"ff„ Ch artrrtle,NC United States rotate Rent; 22 Name 0f goverraWentaleoatity tanµ state a rror that its as(party to the co ntract for lnicfa tine fctnrn Is t Ltd31/2Lt being ileaq City ral Norafa Richland i-ilill�s Este ck�rro� rle� eaf: 3 Prraaviate the itlewntrttcaatiaaon nurnataer assert by tire governmental entity of,state agency to track or identify the contract,aandi,provide an description of tire services,agaaods,or ottmamr property to be provided arrual r the co nfir ct. "nr' ;iM' Pub4c.reatiruras,a�taclvaavallistaaal M ateriaats, Bcaaks,"Textiaooks and wr-mrat,H ary S rwarcrr:s Naataure of interest Name of Interested Party City„State,country(place of business) (check applicaMlle) Controlling irnternaediary KIDClarar,Arnandeep Charlotte, NC(Wed States Lucas, Bradley � Charlotte, New L)nite d States Warren, Cairitm Ch rtotte„ NC(.tr0led Slales x' tr Chieck only if there is NO Interested Party, to UN SWORN DECLARATION Stefanie Kl"el"ner and rway date ant ra0h is,21/11-11I/"`1"9-76 ..' 11---- My address m 2810 Coliseurn Centre Drive, Charlotte ' NC 28217 300, USA tuner^dt p urtll lsaate, rZlpcode) po,,janhv) ideclare under tmenmaafty of fw iuiY that t trap ft)j OOirrq i�S nrmaE and correct. eckle bur County, State of NIA o n tlntm 31 slriray atl October r 2 Executed wry '� S (rrvrrlh) .. 4Ye wwt jw. , N Sqn'—,�t`r4�ret rauthrarvaed agent of caaonrraacting b usnness erAtt, stefaw*e Krernier 'Caurxaanrurunap Director Pri i— Services F"orn is provided by Texas Emill°rres o ntptaissirart wwwra+.tetlnit;..state.tx.us Version V3 5.1..rJl.la92 728 IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Authorize the City Manager to execute an agreement with StraTact Media Group, LLC for media advertising for NRH2O Family Water Park in an amount not to exceed $225,000. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: This item seeks Council approval for NRH2O Family Water Park's media expenditures and services for FY2022-2023. GENERAL DESCRIPTION: NRH2O Family Water Park, as a Chemed water park, advertises its services to the general public. To accomplish this, various media channels are used including, but not limited to, radio, television, print, and digital. To ensure the park wisely invests its resources, a professional media buyer is used to design, place, and monitor advertisements. StraTact Media Group, LLC is a very experienced agency that has done successful campaigns with such entities as the Dallas Zoo and Main Event, as well as their previous work with NRH2O. Located in Dallas, Texas, their local knowledge and the relationships they have developed with various media channels will be beneficial to NRH2O's continued success. Advertising is exempt from the bidding process as contained within the Texas Local Government Code, Title 8, Subtitle A, Chapter 252.022 Purchasing and Contracting Authority of a Municipality. Because the expenditures exceed $50,000, internal purchasing policy requires City Council approval. Staff is requesting authorization for an amount not to exceed $225,000 for NRH2O Media buys. The amount is currently available in the adopted budget. While NRH2O Family Water Park is owned and operated by the city, the park is funded through revenue generated by the park. RECOMMENDATION: Authorize City Manager to execute an agreement with StraTact Media Group, LLC for media advertising for NRH2O Family Water Park in an amount not to exceed $225,000. straTact media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NH2O FAMILY WATER PARK This Statement of Work("SOW') is entered into between the City of North Richland Hills through its NRH20 Family Water Park, having its place of business at 9001 Boulevard 26, North Richland Hills, TX 76180 (hereinafter referred to as "NRH20" or the "City"), and StraTact Media Group LLC, a Texas limited liability corporation, whose business address is P.O. Box 670422, Dallas, TX 75367 (hereafter referred to as "SMG"). In consideration of the mutual promises contained herein, and for other good and valuable consideration, the parties hereto agree as follows: 1. Term of SOW: SOW is effective for eight months; February 1, 2023 ("SOW Effective Date") and will be in effect until September 30, 2023. 2. Confidentiality: SMG agrees that it will treat all of its work with NRH2O as confidential. SMG will not disclose any confidential information it gains or becomes privy to regarding NRH20, including but not limited to, NRH20's operations, customers' identity, demographics or any other information about NRH20's business as a result of working with NRH2O. SMG will also obtain NRH2O's written permission before it includes its name, logo, or any of the work it has done for NRH2O in any public materials. 3. Non-solicitation: Neither party shall attempt to employ, either directly or indirectly, a present employee of the other party during the performance of this SOW or for a period of 12 months after termination of this SOW. The foregoing does not limit either party's right to hire an employee who responds to general public solicitations, such as advertisements for employment in newspapers or job fairs. 4. Assignment: This Agreement shall inure to the benefit of and be binding upon either party and its successors and assigns. 5. Fees, Expenses, Invoices and Payment for Advertising: a. Fees: NRH2O will pay SMG a monthly fee of $3,125 for Media Planning and Buying Services (Total of $25,000 represents approximately 294 man hours at $85/hour; Note: normal hourly rate is $100). Monthly invoice will be issued to NRH2O at the end of each month of service and is payable within 30 days. b. Invoices: Media will be pre-billed one month prior to insertion dates (e.g., June insertions will be billed in May). SMG will submit invoices, as warranted, by activities undertaken by SMG during a given period. Invoices shall include descriptions of all Media Buys, including the amounts paid to, or retained by, SMG as its Commission, approved by NRH2O and implemented since the previous invoice. c. Payments: i. NRH2O will pay SMG the amounts charged to SMG by media vendors for purchases authorized by NRH2O ("Media Buys"). SMG may obtain discounts on NRH2O's behalf and will pass those discounts on to NRH2O. ii. NRH2O shall pay invoices for Media within thirty (30) calendar days following receipt of the corresponding invoice reflecting all activities undertaken by SMG on behalf of NRH2O during the invoice period. NRH2O shall review each invoice upon receipt. In the event that NRH2O questions the validity of a charge, payment for only that portion under question may be delayed without penalty, provided NRH2O expresses its concern in writing or via email within thirty (30) days of the date of invoice. 1 r 1'"Act media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS H2O FAMILY WATER PARK 6. Cancellation Policies a) NRH2O may cancel this SOW by giving SMG thirty (30) days notice in writing. Any charges (e.g., short-rates) that may be incurred due to cancellations will be passed on to NRH2O for payment. 7. Description of Services: a) Initial immersion o Planning/negotiating/stewardship of contractual agreements in collaboration with NRH20. Projected media budget is TBD. o Confirm CY 2023 objectives/goals/strategies; confirm types of promotions/added-value initiatives to be pursued o Confirm total media budget; review marketing calendar and any new"news" to be supported with media/promotional dollars o Maintain a working relationship with assigned Creative Contact to ensure objectives/deliverables are maintained b) Media Planning: o Quantitative/qualitative analyses of available media opportunities of target audience residing in Tarrant county (final target geography priorities TBD) and based on the following: ® Total audience data ® Target audience coverage/composition ■ Target audience cost efficiencies ■ Third party audience data (where available. NOTE: in the event out-of-pocket dollars are required for third party resources, SMG will pass the expense onto NRH20 with prior approvals) ■ Relevant environments ■ Coverage of key events/seasonality ® Added-value and promotional opportunities as communication extensions o Strategic media approach and rationale for media vehicles recommended, as well as, media considered, but not recommended o Negotiations for all recommended media (rates and added-value/promotional elements) o Flowchart o Budget summary o Deliverable/timeline calendar for media and creative c) Media Negotiations/Execution: o Upon Client authorization, finalize all media negotiations and added-value/promotional elements o Issue Client ATBs (authorization to buy) for Client signature/approval o Issue contracts/insertion orders to approved media partners o Set up templates for reporting d) Media Stewardship/Accounting: o Secure proof of performance for all purchased media by month o Monitor and track; update budget recaps/flowchart on an ongoing basis o Issue invoices for purchased media on the 1 st of each month to Client by medium/media vendor; NOTE: frequency of invoicing can be refined based on Client's needs (for example, pre-bill approved total media dollars) and reconcile each month o Review/approve all media invoices, address any discrepancies; secure make- goods/credits, as warranted and process payments to media partners upon receipt of Client payment o Issue monthly reports recapping actuals versus original purchased by medium 2 straTact media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NRH2O FAMILY WATER PARK o Maintain relationships with all media vendors/partners o Inform Client of any new opportunities and changes in the marketplace on an ongoing basis 8. Non-appropriation of Funds: In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify SMG of such occurrence and this SOW shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have already been appropriated. 9. Indemnification: Release of Liability: SMG SHALL RELEASE FROM LIABILITY, INDEMNIFY AND HOLD THE CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, DAMAGE LIABILITY OR EXPENSE FOR DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY PERSON, INCLUDING BUT NOT LIMITED TO OFFICERS, AGENTS OR EMPLOYEES OF SMG OR SUBCONTRACTORS, WHICH MAY ARISE OUT OF ANY NEGLIGENT ACT, ERROR OR OMISSION IN THE PERFORMANCE OF THIS SOW. SMG SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDINGS BROUGHT AGAINST THE CITY, ITS OFFICERS,AGENTS AND EMPLOYEES, OR ANY OF THEM, RESULTING FROM SUCH NEGLIGENT ACT, ERROR OR OMISSION; AND SHALL PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED BY OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION THEREWITH RESULTING FROM SUCH NEGLIGENT, ERROR OR OMISSION. 10. Independent Contractor: SMG shall perform all work and services hereunder as an independent Contractor and not as an officer, agent or employee of the City. SMG shall have exclusive control of and the exclusive right to control,the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the SMG, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the SMG. 11. Prohibition of Assignment: Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 12. Choice of Law: Venue: This SOW shall be construed in accordance with the laws of the State of Texas. Should any action, at law or in equity, arise out of the terms herein, exclusive venue for said action shall be in Tarrant County, Texas. 13. Force Maieure: Neither party shall liable for failure to perform its obligations under this SOW if the performance is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, 3 media group STATEMENT OF WORK AGREEMENT CITY OF NORTH RICHLAND HILLS NRH20 FAMILY WATER PARK regulations, or interferences; fires; strikes; lockouts; epidemics; pandemics, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party. SMG shall provide the services and deliverables in accordance with the terms and provisions contained in this SOW. This SOW is made and entered into by both parties as of the SOW Effective Date CITY OF NORTH RICHLAND HILLS StraTact Media Group LLC NRH20 FAMILY WATER PARK By: By:Ci Mark Hindman Print Name: Jana Doll City Manager Title: Principal NRH Council Action: Y / N Date Approved aP11 KGB KATHRYN J FOLEY Agenda No. ° Notary ID P,124008297 My Commission Expires Ord/ Res No. rf cr sE' June 14, 2024 ATTEST: Popp Alicia Richardson 01 I �q 0� City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney 4 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Ciomplew,�Nos I I rvid G of[hele afe PaHWS OFFICE USE ONLY Con4Aem Noo s, 1,2,3, 5, and 6 0 flieu�are nt, mtereste(�K:)artes CERTWICATION OF", FILING 7 Nxine of—bustness entit'y—H HnZr'j`—form, `eta1"e—a'nd—crraictey caq the dare xmmaa-s-7;e m—idty'splace —:CerfificateNUmbev of busiln�f,s. 211022-955383 S g RA FAC r MEDIA GROUP DALLAS, TX United 3tWies Date Fde& W--�F 777f i4.;qi. 4.. ............. 111.1-1/2022 i�;FWWMr7r�RN R9 i77 FF17t is a party to the contract fof which ffie form being Meld., Cii y cif NcMh Richland Hdh and its 11,,J,a,F1120 amidy%A/Wi,r Ifaaa k Datie,Ai;knowlledqed� 3 Provide the:identification number used by the governmentali enfity or state agency to track or idenfity die contract,and prave a descripflon of the siervlces,goods,or other property to be provlded under the corttvacl, fJRH2UAerfia MeOa plarwinig iind Ibr,uyurtag foi NRH20 Farnifly Mxw Pad< Natme of interest of Name M Interested Party Cky,State,Country(place of business) (Oreck applicable) contiolfing lmenmediary STRA'TACT KIENA GFROUP LIC DALLAS, TX iUr ked Slaies x ..................... ---------- ...... ——--------------------------- ............... ................................................................................................................................. 5 Ched(only H:there we NO d rite restecJ P,a rty, Ej .............................. .................. 6 UNSWORIN DECLARAMIN and n�y date of oiffi iis y m�'wne Is __j IJ A u ..... 1,11- 1........... ---------------- / /- My .......... ................................................................................................................. USA (Sfa,,W) (,:My) vMate) (zip rlx"Jej (crmnfirvb dedaie uIrOw perlaity of jj,),,lr�wy The foe egoim,g Is Vue and uo recf, Exec,uled w .............. cow ay, slatea of On 4he day of ,rrli.mfh) (veal) gt-LuAkrt 77r��7 agew 0 contracung busmr S!15 PWay pmvided byTexas Ethcs CUIHM57kv: Ih�s.stale.tx us J,ebVe(42 ....................................................................... IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Approve Bid No. 23-013 with Petra Chemical Acquisition Company, LLC, dba DCC, for aquatic chemicals for NRH2O Family Water Park and the NRH Centre in an annual amount not to exceed $140,000. PRESENTER: Frank Perez, NRH2O General Manager SUMMARY: City Council is being asked to approve Bid No. 23-013 with Petra Chemical Acquisition Company, LLC, dba DCC, for aquatic chemicals for NRH2O Family Water Park and the NRH Centre. GENERAL DESCRIPTION: This item is to approve an agreement to supply pool chemicals for NRH2O Family Water Park and the NRH Centre. The chemicals are utilized for sanitizing and balancing the approximately 1,055,000 gallons of treated pool water at NRH2O and the NRH Centre. The two major chemicals utilized for sanitation are Sodium Hypochlorite and Muriatic Acid. Two additional minor chemicals, Calcium Hypochlorite and Sodium Bicarbonate are also included in the bid. Notice of the city's intent to bid was advertised in the local newspaper as required by state statute and posted on the city's website. Notice of the city's intent to bid was also sent to multiple vendors requesting them to participate in the bid process. The Purchasing Department received two bids on February 8, 2023. PETRA CHEMICAL ACQUISITION COMMERCIAL CHEMICAL PRODUCT,INC. DBA COMPANY,LLC DBA DCC POOLSIJRE Bid Item List Description Unit of Measure Quantity Shipping Method Unit Price Total Price Unit Price Total Price No. 1 Sodium Hypochlorite Gallows 67,000 Bulk Delivery $ 2.24 $ 150,080.00 $ 2.75 $ 184,250.00 2 Muriatic Acid Gallows 4,000 55 and 30 Gallon Barrels $ 3.50 $ 14,000.00 $ 4.75 $ 19,000.00 3 Calcium Hypoclilorite Pounds 700 Granulated iu Tubs $ 3.25 $ 2,275.00 $ 4.40 $ 3,080.00 4 Sodium Bicarbonate Pounds 1,500 50 Pound Bags $ 0.70 $ 1,050.00 $ 0.66 $ 990.00 TOTAL AMOUNT BID $ 167,405.00 $ 207,320.00 Non-Fuming Pool Acid(see SDS submitted with Bid) stripped in 15 and 30 gallon drums.Refer to Contract Cl=ges Refer to Contract Cl=ges Grid Grid IrLp NOKTH KICHLAN HILLS Formal bids were solicited, and overall, the cost of aquatic chemicals has increased 16% versus 2022 pricing. Petra Chemical Acquisition Company, LLC, dba DCC, provided the best pricing. DCC has provided timely and responsive service to many cities and aquatic facilities, including NRH2O, throughout the State of Texas for many years. This agreement will be for a period of one (1) year and includes an option to renew for four (4) additional twelve (12) month terms. Staff projects that approximately 67,000 gallons of Sodium Hypochlorite, 4,000 gallons of Muriatic Acid, 700 pounds of Calcium Hypochlorite and 1,500 pounds of Sodium Bicarbonate will be used during the 2023 season. The contract is for a one-year term and contains four (4) one-year optional renewals. Provided funds are appropriated in the city's annual budget for the renewal years and the terms and conditions of the contract do not change, the remaining renewals will not require additional City Council approval. While NRH2O Family Water Park is owned and operated by the city, the park is primarily funded through revenue generated by the park. RECOMMENDATION: Approve Bid No. 23-013 with Petra Chemical Acquisition Company, LLC, dba DCC, for aquatic chemicals for NRH2O Family Water Park and the NRH Centre in an annual amount not to exceed $140,000. IqRtq Pt,.JR('-Ill,ASIN(.,, DEPARTMENT REQUESI" FOR BID 23-04 3 ,,A.QUA r ric CHEMICALS FO�R NRI,1201 AND N.RH' CENTRE BIDS, DUE VVEI)NESDAY, FEBRIJARY O�8, 2023 B�Y 2-000 P.M. colitelit's INVITATIONTO BID ........ __^.. ............. -_~^_........ ..........,^^__~,.,,,__^,^___,~.^3 GENERALCONDITIONS-....... ......... ........... ....... ................... ......................~....................4 MINIMUM INSURANCE REQUIREMENTS .-.-....................-.......................... ...........10 NON-COLLUSION AFFIDAVIT ()F BIDDER ............ ....................... ......................_......Zl BIDCERTIFICATION...................___....................^^.. ...................... ............................ .......22 COMPLIANCE WITH HOUSE BILL l245......................................... .. ......................... ........23 FOR DKS/\LK/ANT}\(}E[} BUSINESS ENTERPRISES ONLY ........... . ............. .......... ........24 C[NN[LIcT(lYINTEREST QUESTIONNAIRE.................................. -.......................... ......25 CONTRACTCHANGES GRID .................................^........................... ..... ............................20 CONFIDENTIALITY OF PROPRIETARY INFORMATION............ . ..................................29 �0 SPECUP|C/�?I()�JS--...-___^..---~,~___,_-_~,,~__,.^^._._.,_.___,,__.._' 2 INVITWFION 'TO 1111) The City of North Richland Hills is accepting sealed bids from all interested parties for: Bid Number: 23-013 Bid Type: REQUEST FOR BID )0 Bid Name: 23-013 AQUATIC CHEMICALS FOR NRH20 AND NRH CENTRE Bid Due Date: Wednesday, February 08, 2023 Bid Due'rime: 2:00 P.M. Central Standard Time Deadline for questions: Date: Friday, February 03, 2023 Time: 12:00 P.M. Central Standard"fine DOCUMENTS MUST BE SUBMUTTED,ELECTRONICALLY VIA: No oral explanation in regards to the meaning of the specifications will be made, and no oral instructions will be given after the pre-bid meeting and before the award of the contract. Requests from interested vendors for additional information or interpretation of the information included in the specifications should be directed in writing as a question related to this bid on Public Purchase and the question will be answered on Public Purchase, All addendurns will also be posted to Public Purchase. It will be the vendor's responsibility to check all information related to this bid on Public Purchase before submitting a response. All bid responses must be turned in complete front cover page to the last page of the bid. The City of North Richland Hills reserves the right to reject in pail or in whole all bids submitted, and to waive any technicalities for the best interest of the City of North Richland Hills. 3 ("'Fw N E 11 AL, (1)N 1)IT'I ON S In submitting this bid, the Bidder understands and agrees to be bound by the following terms and conditions. These terms and conditions shall become a part of the purchase order or contract and will consist of the invitation to, bid, specifications, the responsive bid and the contract with attachments, together with any additional documents identified in the contract and any written change orders approved and signed by a city official with authority to do so. All shall have equal weight and be deemed a part of the entire contract. If there is a conflict between contract documents, the provision more favorable to the City shall prevail. I BID TIME It shall be the responsibility of each Bidder to ensure his/her bid are submitted to the Public Purchase website on or before 2:00 P.M., WednesdaX, February 08 2023. The official time shall be determined by the Public Purchase Websitc. The Public Purchase Website will NOT allow bid responses to, be uploaded after the closing time. All attached bid documents are to be returned completely filled out, totaled, and signed. The City of North Richland Hills will not accept any bid documents other than the attached, 2. WITHDRAWING BIDS/P'ROPOSALS/QUOTES Bids may be withdrawn at any time prior to the official opening; request for non- consideration of bids must be made in writing to the Purchasing Manager and received prior to the time set for opening bids. The bidder warrants and guarantees that his/her bid has been carefully reviewed and checked and that it is in all things true and accurate and free of mistakes. Bidder agrees that a bid price may not be withdrawn or canceled by the bidder for a period of ninety (90) days following the date designated for tile receipt of bids. 3. IRREGULAR BIDS/PROPOSALS/QUOTES Bids will be considered irregular if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City. 4. REJECTION/DISQUALIFICATION Bidders will be disqualified and/or their bids rejected, among other reasons, for any of the specific reasons listed below: a) Bid received after the tirne set for receiving bids as stated in the advertisement; b) Reason for believing collusion exists among the Bidders; c) Bid containing unbalanced value of any item; bid offering used or reconditioned equipment; d) Where the bidder, sub-contractor or supplier is in litigation with the City of North Richland Hills or where such litigation is contemplated or imminent; e) Uncompleted worle, which in the judgment of the City will prevent or hinder the prompt completion of additional work, or having defaulted on a previous contract; f) Lack of competency as revealed by reference checks, financial staternent, experience and equipment, questionnaires, or qualification statement; g) Bid containing special conditions, clauses, alterations, items not called for or irregularities of any kind, which in the Owner's opinion may disqualify the Bidder. 4 However, the City of North Richland Hills reserves the right to waive any irregularities and to make the award in the best interest of the City of North Richland Hills. S. BID EVALUATION Award of bid, if it be awarded, will be made to the lowest responsible bidder or may be awarded to the bidder that offers the goods, and/or services at the best value for the City (Texas Local Government Code, 252.043). In determining the best value the City will consider the following: a) The purchase price; terms and discounts; delivery schedule, b) The reputation of the bidder and of the bidder's goods or services; c) The quality of the bidders' goods or services; d) 'rhe extent to which the bidder's goods or services meet the City specifications and needs; e) The bidder's past relationship with the City; f) Total long term cost to the city to acquire the bidder's goods or services; g) Any relevant criteria specifically listed in the specifications; h) Compliance with all State and local laws, General Conditions and Specifications; i) Results of testing, if required; j) Warranty and/or guarantee, maintenance requirernents and performance data of the product requested; k) City's evaluation of the bidder's ability to perform to specifications. 6. AWARD OF BID The bid award will be made within sixty (60) days after the opening of bids. No award will be made until after investigations are made as to the responsibilities of the best bidder. The City of North Richland Hills reserves the right to award bids whole or in part when deemed to be in the best interest of the City. Bidder shall state on bid form if their bid is "all or none", otherwise it shall be considered as agreeing to this section. Information contained in submitted bid documents shall not be available for inspection until after the award has been rnade by the City Council. Requests for this information must be submitted in writing. 7. ASSIGNMENT The Successful bidder may not assign his/her rights and duties under an award without the written consent of the North Richland Hills City Manager, Such consent shall not relieve the assignor of liability in the event of default by his assignee. 8. SUBSTITUTIONS/EXCEPTIONS Exceptions/variations from the specifications may be acceptable provided such variations, in each instance, is noted and fully explained in writing and submitted with bid, NO substitutions or changes in the specifications shall be permitted after award of bid without prior written approval by the Purchasing Manager. 9. DELIVERY/ACCEPTANCE The delivery date is an important factor of this bid and shall be considered during the evaluation process. The City consider-, delivery tirne the period elapsing from the time the order is placed until the City receives the order at the specified delivery location. All 5 material shall be delivered F.O.B. City of North Richland Hills to the address specified at the time of order. Acceptance by the City of North Richland Hills of any delivery shall not relieve the Contractor of any guarantee or warranty, expressed or implied, nor shall it be considered an acceptance of material not in accordance with the specifications thereby waiving the City of North Richland Hills right to, request replacement of defective material or material not meeting specifications. 10. NOTICE OF DELAYS Whenever the contractor encounters any difficulty which is delaying or threatens to delay timely performance, written notice shall immediately be given to the Purchasing Manager, stating all re➢event information. Such notice shall not in any way be construed as a waiver by the City of any rights or remedies to which it is entitled by law. Delays in performance and/or completion may result in cancellation of agreement. 11. SALES TAX The City of North Richland Hills is exempt from Federal Excise and State sales tax; therefore tax must not be added to bid. 12. TIE BIDS In the event of a tie bid, State Law provides the bid or contract shall be awarded to the local bidder. In cases where a local bidder is not involved, tie bids shall be awarded by drawing lots at the City Council meeting, or as otherwise directed by the Mayor. 13. BRAND NAME OR EQUAL If iterns are identified by a "°brand name" description, such identification is intended to be descriptive, not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. As used in this clause, the term "brand name" includes identification of products by make and model. Such products must be clearly identified in the bid as an equal product and published specifications of the equal products offered must be included with the bid reply. Bids offering equal products will be considered for award if determined by the Purchasing Manager and the user department to be equal in all material respects to the brand name products referenced. The decision of acceptable "equal" items or variations in the specifications will solely be the City of North Richland Hills. Unless the bidder clearly indicates in his/her bid that he is offering an "equal" product, his bid shall be considered as offering the brand name product referenced in the invitation for bids. 14. REFERENCES A minimum of three (3) references, preferably located within the Dallas/Fort Worth Metroplex, must be submitted with each bid. Company name, contact and phone numbe►. must be included with each reference. 15. PROHIBITION AGAINST PERSONAL FINANCIAL INTEREST IN CONTRACTS No employee of the City of North Richland Hills shall have a direct or indirect financial interest in any proposed or existing contract, purchase, work, sale or service to or by the City (CMA-074, Standards of Conduct, Section IV). 6 16. TERMINATION/NON PERFORMANCE Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City of North Richland Hills reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the City in the event of breach or default of this contract, The City reserves the right to terminate the contract immediately in the event the successful bidder fails to 1.) Meet delivery schedules or, 2.) Otherwise not perform in accordance with these specifications. Breach of contract or default authorizes the City to award to another bidder,and/or purchase elsewhere and charge the full increase in cost and handling to the defaulting successful bidder. The contract may be terminated by either party upon written thirty (30) days' notice prior to cancellation without cause, 17. ATTORNEYS FEES Neither party to this contract shall be entitled to attorney fees for any matter arising under this contract, whether for additional work, breach of contract, or other claim for goods, services, or compensation, All claims for attorney's fees are hereby WAIVED. 18. INDEMNITY City shall not be liable or responsible for, and shall be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including claims for copyright and patent infringement,and including all expenses of litigation,court costs,and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly,the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of City, without; however, waiving any governmental immunity available to the CITY under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnity and protect City from the consequences of City's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of City is a contributory cause of the re sultant injury, death, or damage, and shall have no application when the negligent act of City is the sole cause of the resultant injury, death,or damage,unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of City and in the name of City, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the City for its own benefit, including self-insurance. 7 19. PERIF ORMANCE AND PAYMENT BONDS In the event the total contract amount exceeds $100,000, the Contractor shall be required to execute a performance bond in the amount of one hundred(100) percent of the total contract price; if the total contract amount exceeds$50,000 the contractor shall be required to execute a payment bond in the amount of one hundred (100) percent of the total contact price, each in standard forms for this purpose, guaranteeing faithful performance of work and guaranteeing payment to all persons supply labor and materials or furnishing any equipment in the execution of the contract. It is agreed that this contract shall not be in effect until such performance and payment bonds are furnished and approved by the City of North Richland Hills. No exceptions to this provision allowed. Unless otherwise approved in writing by the City of North Richland Hills, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and current copy of their power of attorney. 20. INTERLOCAL AGREEMENT Successful bidder agrees to extend prices and terms to all entities who have entered into or will enter into joint purchasing interlocal cooperation agreements with the City of North Richland Hills. ] Yes, we agree X] No, we do not agree 21. ELECTRONIC PROCUREMENT The City of North Richland Hills has adopted policies and procedures complying with Local Government Code Section 252.0415, Section 271,906 and Section 2155.062. The City of North Richland Hills may receive submittals in electronic form in response to procurement requests, However, a bid that is submitted non-electronically by the due date and time will be accepted and then entered electronically by Purchasing after the bid opening. 22. COMPLIANCE WITH SB 89: Vendor agrees per HB 89 of the 85th Texas Legislative Session, and in accordance with Chapter 2270 of the Texas Government Code, vendor has not and shall not boycott Israel at any time while providing products or services to the City of North Richland Hills. [N Yes, we agree No, we do not agree 23. COMPLIANCE WITH SB 252: Vendor agrees per SJ3 252 of the 85"' Texas Legislative Session, and in accordance with Chapter 2252 of the Texas Government Code, vendor shall not do business with Iran, Sudan or a foreign terrorist organization while providing products or services to the City of North Richland Hills. [X1 Yes, we agree No, we do not agree 8 * By selecting no, vendor certifies that it is affirmatively excluded frorn the federal sanctions regime by the United States government and is not Subject to the contract prohibition under Section 2252.154 of the Texas Government Code. Vendor shall provide sufficient documentation to the City of such exclusion prior to award of any contract for goods or services. 24. ETHICS AND COMPLIANCE POLICY The City's Ethics and Compliance Policy can be found at The City of North Richland Hills Purchasing Division webpage - Or you may request a copy from the Purchasing Division. Acknowledgment-The City of North Richland Hills' Internal Ethics and Compliance Policy has been made available to rne. I understand the expectations of ethical behavior and compliance with the law, and agree to adhere to the City's ethics policies. . A.l��c --Tl )F3bidid .......... ... ........ .................s-......... X] I agree ] I do not agree 25. DEPARTMENT OF TRANSPORTATION (TXDOT) RELATED BIDS "The City of North Richland Hills, in accordance with the provisions offitle VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 20OOd-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to, this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the bidder. The City of North Richland Hills and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. 9 IMINIMI-IM. INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of North Richland Hills shall provide the City a certificate of insurance evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. The City, at its own discretion, may require a certified copy of the policy. All insurance companies and coverages must be authorized b the Texas lie artrnent of Insurance to transact business in tlje State of Texas and must be acceptable to the Cily of North Richland Hills. The following guidelines are designed to show the most common minimum insurance requirements for standard contracts and agreements with the City. Non-standard agreements may require additional coverage and/or higher limits. Coverage Amounts required -for non-standard agreements to be determined by the department and the City Manager. General Contracts for Services: Service work, and general maintenance agreements, etc. F1 Commercial General Liability L1 Automobile Liability ❑ Workers' Compensation & Employer's Liability ❑ Payment and Maintenance Bond (if applicable) *See Exhibit A for insurance language to include in general contracts for services* Professional Services: Consultants or other professionals including: accountants,attorneys,architects,engineers, medical professionals, medical services, etc. F1 Commercial General Liability E Automobile Liability ❑ Workers' Compensation & Employer's Liability ❑ Professional Liability or equivalent Errors & Omissions (appropriate to Contractor's profession) *See Exhibit B for insurance language to include in professional services contracts* Construction: Building contractors for construction projects. I"] Commercial General Liability L.] Automobile Liability ❑ Workers' Compensation & Employer's Liability ❑ Professional Liability (if applicable for design function) 10 LI Builder's Risk (required for new or existing property under construction) [I Payment and Maintenance Bond (if applicable) *See Exhibit C for insurance language to include in construction contracts* Information Technology/ etwork Access Services: For the purchasing and installation of technology-related software and equipment or contracting services that support, maintain or interact with the CITY'S technology systems. D Commercial General Liability D Automobile Liability D Workers' Compensation & Employer's Liability D Professional Liability (if applicable) 0 Cyber Liability *See Exhibit D for insurance language to include in IT/network access services agreements* Standard Minimum Reguired Insurance Coverage Insurance Tvne Limit Provision City to be listed as additional insured $1,000,000 Each Occurrence: and provided 30-day Commercial General $2,000,000 Aggregate notice of cancellation Liability or material change in coverage For Construction ProJects: $2,000,000 Each Occurrence $4,000,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit , Waiver of Workers' Compensation Texas Statutory Requirements subrogation in favor of City $500,000 injury - each accident Employer's Liability $500,000 disease - each employee $500,000 disease - policy limit Professional Liability (or equivalent Errors & Omissions coverage $1,000,000 Each Occurrence appropriate to the Contractor's profession) Builder's Risk(required for new or existing property 100% Value under construction) Cyber Liability $1,000,000 Each Occurrence Payment/Maintenance Bonds In accordance with Chapter 2253 of the'texas Government Code EXHIBIT A GENERAL CONTRACTS FOR SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death,as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury - each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non-owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The ary, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR, A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed, terminated, or materially changed unless and until thirty (30) days" notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an AM, Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance. 12 Payment and Maintenance Bonds (if' applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the'rexas Government Code. 13 EXHIBIT B PROFESSIONAL SERVICES For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY frorn claims for injuries, including accidental death, as well as from clairns for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury - each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "Occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability (Errors and Omissions) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, describe type of services, with a limit no less than $1,000,000 per occurrence or claim. Insurance limits can be met with a combination of primary and excess/urnbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. Policies of insurance shall not be cancelled non-renewed, terminated, or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A-VI or better. 14 CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be submitted on a form approved by the Texas Department of Insurance, 15 EXHIBIT C CONSTRUCTION For the duration of this Agreement,CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury - each accident $500,000 disease - each employee $500,000 disease -policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability (if contract involves design work) CONTRACTOR shall maintain Professional Liability (or equivalent) errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim E. Builder's Risk CONTRACTOR shall maintain Builder's Risk Insurance providing All-Risk (Special Perils) coverage in an amount equal to one hundred percent (100%) of the completed value of the project in question and no coinsurance penalty provisions, The policy shall list the CITY as loss payee as their interests may appear. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and automobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees, shall be contained in the Workers' Compensation insurance policy. 16 Policies of insurance shall not be cancelled non-renewed, terminated, or materially changed unless and until thirty (30)days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be Submitted on a form approved by the Texas Department of Insurance. Payment and Maintenance Bonds (if applicable): CONTRACTOR shall procure Payment and Maintenance Bonds as applicable and in accordance with Chapter 2253 of the Texas Government Code. 17 EXHIBIT D INFORMATION TECHNOLOGY/NETWORK ACCESS SERVICES For the duration of this Agreement, CONTRACTOR shall maintain the following minimum insurance which shall protect CONTRACTOR, its subcontractors, its sub-consultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. A. Workers' Compensation and Employer's Liability Insurance: Workers' Compensation Texas Statutory Employer's Liability $500,000 injury - each accident $500,000 disease - each employee $500,000 disease - policy limit B. Commercial General Liability: On an "occurrence" basis, including, property damage, bodily injury, products and completed operations and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. C. Automobile Liability: Covering any auto, or if CONTRACTOR has no owned autos, covering hired and non- owned autos with a Combined Single Limit no less than $1,000,000 per accident for bodily injury and property damage. D. Professional Liability (Errors and Omissions) If appropriate for CONTRACTOR'S work, CONTRACTOR shall maintain Professional Liability (or equivalent)errors and omissions insurance appropriate to the CONTRACTOR'S profession, with a limit no less than $1,000,000 per occurrence or claim. E. Cyber Liability CONTRACTOR shall maintain cyber liability (or equivalent) insurance. Such insurance shall provide limits of no less than $1,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as undertaken by the CONTRACTOR. Insurance limits can be met with a combination of primary and excess/umbrella coverage. The CITY, its officers, officials and employees are to be covered as "Additional Insured" on the commercial general liability and autornobile liability policies as respects liability arising out of activities performed by or on behalf of the CONTRACTOR. A waiver of subrogation in favor of the CITY, its officers, officials and employees shall be contained in the Workers' Compensation insurance policy. 18 Policies of insurance shall not be cancelled non-renewed,terminated, or materially changed unless and until thirty (30) days' notice has been given to CITY. All insurance shall be issued by responsible insurance companies eligible to do business in the State of Texas and having an A.M. Best Financial rating of A- VI or better. CONTRACTOR shall furnish the CITY certificates of insurance affecting coverage required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance must be Submitted on a form approved by the Texas Department of Insurance. 19 Other Insurance Requirements - To Be Included As A)plicable CONTRACTORS who serve or distribute liquor: Liquor Legal Liability - CONTRACTOR shall maintain Liquor Legal Liability coverage covering the selling,serving,or furnishing of any alcoholic beverage performed by CONTRACI"OR,or on its behalf. Such insurance shall provide limits of no less than $1,000,000.00 per occurrence. CONTRACTORS who hold long-term leases: Property Insurance — LESSEE shall maintain Property Insurance against all risks of loss to any improvements or betterments, at full replacement cost with no coinsurance penalty provision. The CITY shall be added as a Loss Payee to the policy as interests may appear. CONTRACTOR's whose work involves chemicals or otherwise has a pollution exposure: Contractors' Pollution Liability(or equivalent)—CONTRACTOR shall maintain Contractors' Pollution Liability with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000 policy aggregate. CONTRACTORs who take possession of City or public vehicles(e.g., parking lots operators,auto repair shops): Gat-age Keepers Liability(or equivalent)—CONTRACTOR shall maintain Garage Keepers Liability or equivalent coverage for applicable property while in the CONTRACTOR'S care, custody or control. Coverage must include Comprehensive and Collision coverage. Such insurance shall provide limits equal to no less than the total value of CITY or public property in the CONTRACTOR'S care, custody and control at any one time. CONTRACTORS who own and operate unmanned aircraft(drones): UAS Liability (or equivalent) - CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to, persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Systems (Drones). Coverage must include limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. 20 NON-COLLUSION AFFIDAVIT OF BIDDER State of Texas County of Harris Brett C. Clapsaddle verifies that: (Name) (1) He/She is owner, partner, officer, representative, or agent of Petra Chemical Acquisition Company, LLC dba DCC has submitted the attached bid: (Company Name) (2) He/She is fully informed in respect to the preparation, contents and circumstances in regard to attached bid; (3) Neither said bidder nor any of its officers, partners, agents or employees has in any way colluded,conspired or agreed,directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with attached bid and the price or prices quoted herein are fair and proper, SIGNATURE Brett C. Clapsaddle, CFO PRINTED NAME A C- Subscribed and sworn to before me this L 10 Day of 2023.I ArA ?- 146 WV101.11. NOTARY N, 130t in and for County, Texas. My commission expires: _144' THIS FORM MUST BE COMPLETED,NOTARIZED AND SUBMITTED WITH BID 21 B111) CERTIFICA]FION The Undersigned, in submitting this bid, represents and certifies: a. He/she is fully informed regarding the preparation, contents and circumstances of the attached bid; b. He/she proposes to furnish all equipment/service at the prices quoted herein and bid is in strict accordance with the conditions and specifications stated herein; c. There will be at no time a Misunderstanding as to the intent of the specifications or conditions to be overcome or pleaded after the bids are opened; d. He/she is an equal opportunity employer, and will not discriminate with regard to race, color, national origin, age or sex in the performance of this contract. e. The undersigned hereby certifies that lie/she has read, understands and agrees that acceptance by the City of North Richland Hills of the bidder's offer by issuance of a purchase order will create a binding contract. Further, he/she agrees to fully comply with documentary forms herewith made a part of this specific procurement. COMPANY: Petra Chemical Acquisition Company dba DCC ADDRESS: 2929 Storey Lane CITY, STATE &ZIP: Dallas, TX 75220 TELEPHONE: 972-224-1669 FAX 214-352-1049 EMAIL: ddean@dxgroup.com SIGNATURE: Z�)&uy- P"O, PRINTED NAME: Doug Dean DATE: 2-6-2023 22 COMPLIANCT, WIT11 HOL)SE, 1311A, 1295 In 2015, the Texas Legislature adopted Hutisc RIM Q9-5, which added section 2252.908 of the Government Code. The law states that a governmental entity may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity at the time the business entity submits the signed contract to the governmental entity. The law applies only to contract of a governmental entity that either (1) requires an action or vote by the governing body of the entity or agency before the contract may be signed or (2) has a value of at least $1 million. The disclosure requirement applies to a contract entered into on or after January 1, 2016. The Texas Ethics Commission has adopted rules necessary to implement the law, prescribed the disclosure of interested parties form, and posted a copy of the form on the commission's website, Filing Process: The commission has made available on its website a new filing application that must be used to file Form 1295. A business entity must: 1) Use the application to enter the required information on Form 1295, 2) Print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. 3) Contract Number should be the Bid/RFP Number and Bid Title, 4) Sign the printed copy of the form (an authorized agent of the business entity must sign), 5) Either include Your personal information or have the form notarized, 6) File the completed Form 1295 with the certification of filing with the governmental body with which the business entity is entering into the contract. The governmental entity Must notify the commission, using the commission's filing application, of the receipt of the filed Form 1295 with the certification of filing not later than the 30th day after the date the contract binds all patties to the contract. The commission will post the completed Form 1295 to its website within seven business days after receiving notice from the governmental entity. Information regarding how to use the filing application may be found at �e,O��US/W1 M0fl1(,W/C1 iPl�"O' f6rrn G 295,hnn, 23 FOR DISADVANTACO'ED BIJISINESS EA. ITRI"JUSES ONLY Disadvantaged Business Enterprises (DBE) arc'encouraged to participate in the City of'North Richland Hills bid process. Representatives, from DBE Companies should identify themselves as such and submit a copy of their Certification. The City of North Richland Hills recognizes the certifications of both the State of Texas Building and Procurement Commission HUB Program and the North Central Texas Regional Certification Agency. All companies seeking information concerning DBE certification are urged to contact: Texas Building and Procurement Commission Statewide HUB Program 1711 San Jacinto Blvd.,Austin TX 78701-1416 P 0 Box 13186, Austin, TX 78711-3186 (512) 463'-5872 ............... North Central Texas Regional Certification Agency 624 Six Flags Drive, Suite 216 Arlington, Texas 7601.1. (817) 640-0606 1111, qd Cm i cq �1 o I I p . ............ If your company is already certified, attach a copy of your certification to this form and return as part of your packet. Company Names: Representative: Address: City, State, Zip: Telephone No. Fax No. Email address: INDICATE ALL THAT APPLY: Minority-Owned Business Enterprise Wonten-Owned Business Enterprise Disadvantaged Business Enterprise 24 C"ONFLICTOF Pursuant to Chapter 176 of the Texas Local Government Code, a person, or agent of a person, who contracts or seeks to contract for the sale or purchase of property, goods, or services with the City of North Richland I lills must file a completed conflict of interest questionnaire. The conflict of interest questionnaire must be filed with the City Secretary of the City of North Richland Hills no later than the seventh business day after the person or agent begins contract discussions or negotiations with the City of North Richland Hills 01' Submits to the City of North Richland Hills an application, response to a request for proposal or bid, correspondence,or another writing related to a potential agreement with the City of North Richland Hills. An updated conflict of interest questionnaire must be filed in accordance with Chapter 176 of the Local Government Code, Ail offense under Chapter 176 is a Class C misdemeanor, The Conflict of Interest Questionnaire is included as part of this document and can be found at: Li'!jj?s� Iry xl 11 icsMateJ X.1,11 S/dafajornls/con I'lid/Cj . )(j ................. ...................... 25 CONFLICT OF INTERESTQUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,64th Leg., Regular Session. OFMCEUSEONLY I � This questionnaire is(being filed in accordance with Chapter 176,Local Government triode,by a vendor who pate Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 71h business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section Is a misdemeanor. It Name of vendor who has a business relationship with local i governmental entity.. Petra Chemical Acquisition Company LLC dba DCC Check this box if you are filing an update to a previously flied qusstionnalre.(Tito law requires that you file an updated completed questionnaire wltM the appropriate filing authority Rat later than the 7tM business day after the date on which you became aware that the originally filed questionnaire was incomplete or Inaccurate.) 3 Name of local government officer about whom the Information Is being,disclosed. None Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(al Also describe any family relationship with the local government officer. Complete subparts A and S for each employment or business relationship described. Attach additional pages to this Form, CIO as necessary. A. Is the local!government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? El Yes IZI No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable Income Is not received from the local governmental entity? Yes No 5 nescrlbe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an off lcer or director,or holds an ownership Interest of one percent or more. B ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described In Section 176.003(a-1).. 7 Brett C.Clapsaddle,CPC? Petra Chemical A ulsition r Signature of vendor doing business with the go emmental entity pate Form provided by Texas Ethics Commission www.ethics,state..tx.us Revised 11112021 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ CtocsfLGlhtm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-al:"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection used on: ,(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction,conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code fi 176,Q 3(alL2)(A)and-10 (a) A local government off icer shall file a conflicts disclosure statement with respect to a vendor if (,2) the vendor., (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,5100 during the 12-month period preceding the date that the officer becomes aware that (1) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i!) a contract between the local governmental entity and vendor has been executed;or (11) the,local governmental entity Is considering entering into a contract with the vendor. Lgcal Government Code§176.0ffla)and(a-11 (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity, (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with,the local governmental entity; or (13) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.sta1eAx.us Revised 1/1/2021 CERTIFICATE F INTERESTED TI FORM 1295 loft Complete Nos,1 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete vies,1,2,3,5,and S if there are no interested parties. CERTIFICATION OF FILING 1, Name of business entity tiling form,and the city,state and country of the business entity"s place Certificate Number: of business. 2023-976930 Petra Chernical Acquisition Company,LLC dba CCC Houston,TX United States abate Filed: 2 Name of govemmental entity or state agency that s a party to t to contract or w Ac tfte forms 01127/2023 being filed, North Richland mills Date Acknowledged: 3, Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other properly to be provided under the contract. Sid#23-013 Aquatic Chemicals for NRH2O and NiRH Centre Nature of interest q Name of Interested Party City,State,Country(place of business) (chock applicable) Controlling Intermediary Morian,S.Reed Houston,TX United States X futorian,S.C. Houston,TX United States X Karm,R.C. Houston,TX United States X Clapsaddile,Brett C, Houston,TX United States X Filer, Kurt R. Houston,TX United States X 5 Check only if there is NO(Interested Party. 6 UNSWORNI DECLARATI'UN My name is Brett C,Clapsaddle and my date of birth Is 0811!019 953 My address is 300 Jackson Hill Street Houston TX 77007 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In Harris County, State of Texas can the 27thday of January 2q 23 (months) (year) 17 Signature of authorized agent of contracting business entity (r)eclsvant) Forms provided by Texas Ethics Commissiona.etltics.state.ba.us Version V3.5.1.3act3klbco (".I IONTRACT (J]AN(I J"S C'1 R 11) The Contractor has the obligation to review all documents that make up the contract documents in their entirety and include any objections or requests for modifications to the Terms and Conditions, or any of the Contract Documents, in the Contract Changes Grid included with the Notice to Bidders. No changes or modifications will be made to the contract documents unless such changes are set forth in the Contract Changes Grid, submitted to the City along with the Contractor's proposal, and agreed to by the City. CONTRACT CHANGES GRID Proposed Contractor/Bidder DCC - ("Contractor" or "Bidder"), submits the following modifications to the City's Standard BID No. 23-013 _ ("Agreement") requesting changes to such provisions be accepted by the City and incorporated into the Agreement. Contractor understands and acknowledges that the City is under no obligation to accept the modification(s) proposed by Contractor; however, the City agrees to negotiate in good faith in consideration of Contractor's request,, subject to legal requirements, City policies and advice of the City Attorney. Section /Page Term, Condition or Exception/Proposed Disposition (For Specification Modification City of NRH Use Only) Specifications — Duration ofAgremnent &Price Due to volatility 0fCN0f City Response: Adjustments-Increase in A lkala i Market,DCC would Accepted Page 31 contract pricing shall out request submittal ofany exceed of the DFW Standard increases to be based on niarket Metropolitan Statistical for conditions at time of renewal, Not Accepted previous 12 months or 5%, Any requested increase to be whichever is smaller, accompanied docurnerilation supporting request Modified 28 OF PRO]"WEA'ARV INFORIWAYK)N During the evaluation process of this RFP, to the extent permitted by law, the City of North Richland Hills will maintain all contents of the Proposers' responses and diSCLISSions related to the Proposers' proposals as confidential. The City will treat all proposals as confidential until negotiations are completed, the successful Proposer has been selected, and a contract has been awarded. During the evaluation process, the City intends to disseminate information submitted by all Proposers to selected staff, any consultants employed by the City, and the evaluation committee, as the City deems appropriate in its sole discretion. Such staff, consultants, and committee mernbers shall maintain the Proposers' information as confidential to the extent permitted by law. All materials submitted in response to this RFP shall become the property of the City of North Richland Hills and will not be returned. After a Proposer is selected and the contract is awarded, all submissions shall be subject to release in accordance with Texas Government Code Chapter 552, the Texas Public Information Act (the "'Act"). If a Proposer does not desire proprietary information in the proposal to be disclosed, it is required to identify all proprietary information in the proposal prior to submission of the proposal to the City. The identification shall be done by individually marking each page with the words "Proprietary Information" on which such proprietary information is found. If the Proposer fails to, identify such information as proprietary, the Proposer agrees by submission of its proposal that those sections shall be deemed non-proprietary and made available to the public upon request as authorized by law upon completion of the RFP process and award of contract. Proposers are advised that the City, to the extent permitted by law, will protect the confidentiality of their proposals. Proposers shall consider the implications of the Act, particularly after the RPF process has ceased and a contract has been awarded. If a public information request is made for a Proposer's response following award of a contract, proprietary information Submitted in an RFP process may only be withheld from public disclosure pursuant to Section 552,1101 of the Act. A determination as to whether Section 552,1101 applies will not be decided by the City of North Richland Hills, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the Proposer, and the Proposer is required to request an opinion as to the confidentiality and proprietary nature of the information from the Attorney General pursuant to Section 552,305 of the Act. The City is not authorized to make the request on the Proposer's behalf, 24 SPECATICA."HONS BID # 23-013 The City of North Richland Hills is requesting bids for an annual contract to supply aquatic chemicals for NR1r20 Water Park, which has approximately 950,000 gallons of treated pool water, and the NR14 Centre, which has approximately 130,000 gallons of treated pool water. NRH20 is located in a commercial area at 9001 Boulevard 26 and the NRH Centre is located at 6000 Hawk Ave. The chemical supplier must have the ability to supply NRH20 Family Water Park on a basis that will meet the needs of a heavily attended water park. Chemicals will be ordered for delivery on an as need basis. All deliveries to NRH20 need to begin at 6arn due to sorne deliveries needing to be made in guest access areas. Any delivery beginning after this has the potential to interfere with guest traffic areas and/or require the park to, shut down an attraction due to the delivery equipment being in the way of the entrance to the attraction. Delivery vehicles must come equipped with at least 250' of hose in order to be able to reach all delivery areas from outside of the fenced in perimeter of the park. The quantities listed are estimated quantities using the best information available, The City reserves the right to choose the items that will be purchased and to purchase more than or less than the quantities listed. Bidder must include details on the required chemicals, shipment methods, and delivery schedules. Delivery schedules shall include an outline of flexibility and guarantee of delivery.The supplier shall be required to unload and/or transfer all chemicals from the delivery vehicle to the storage facility at both locations. Bids should also include prices and bulk shipment methods for the chemicals, as well as minimum to maximum quantities deliverable per order. NRH20 has rive (5) tank sizes: 1100 gallon, 550 gallon, 500 gallon, 150 gallon & 150 gallons. Minimum of 500 gallons to a Maximum of 2200 gallons delivered three (3)times per week. The NIM Centre has one 500 gallon tank. Supplier shall also include information and pricing on other chemicals that would be beneficial for NRH20 and the NRH Centre. Material Safety Data Sheets shall be supplied by the successful Bidder on all chemicals listed in this bid. The chemical supplier must supply technical support in diagnosing pool chemistry related issues and should have the ability to supply the necessary treatment chemicals and procedures for correcting the problem. Technical support must be available to NRH20 and the NRH Centre in a timely manner in order to rneet the needs of a daily water park. Beginning in May, NRH20 Family Water Park will be open daily and the park will close to the public in late September. Water does not remain in the pools year round; therefore chemical treatment shall be necessary only on a seasonal basis for NRH20. The NRH Centre is open year round and will require chemical treatment during that entire time frame. 30 BID FORM BID # 23-013 MiratJoil of Agreerner)t and Pri coAd ill stn-1 en ts The successful bidder will be awarded a twelve(12)month agreement effective the date of award. Prices are to rernain firm for the twelve(12)month agreement period. At the City's option,the agreement may be renewed for four (4) additional twelve month (12) month periods at a price proposed by the contractor. IF DURING the life of the contract, the successful bidder's net prices to other customers for items awarded herein are reduced below the contracted price, it is understood and agreed that the benefits, of such reduction shall be extended to the City of North Richland Hills. A price redetermination may be considered and the Contractor shall submit the renewal price changes and justification to the Purchasing Department at least sixty (60) days before the: expiration of the current agreement, Increase in contract pricing shall not exceed the consumer price index of the Dallas/Fort Worth standard metropolitan statistical for the previous twelve (12) month period or 5%, whichever is smaller. Renewal shall be at the sole discretion of the City of North Richland Hills departments utilizing the contract. All areas of non-conformance shall be submitted in writing to the Purchasing Manager and must be corrected within 10 days from date of notification. After three non- conformance complaints the contract may be subject to cancellation. DESCRIPTION ESTIMATED SHIPMENT UNIT PRICE TOTAL QTY. METHOD Sodium 67,000 Bulk Delivery $2.24 - gallon $150,000 Hypochlorite Gallons Muriatic Acid 4,000 Gallons 55 and 30 $3.50 per gallon $14,000,00 Gallon Barrels Calcium 700 Pounds Granulated $3.25# $2,275.00 Hypochlorite in Tubs $325,00 per pail Sodium Bicarbonate 1500 Pounds 50 Pound Bags $.70#/$35.00 $1.050.00 LIST MINIMUM AND MAXIMUM QUANTITIES DELIVERABLE: DESCRIPTION ESTIMATED SHIPMENT MINIMUM MAXIMUM QTY. METHOD +QUANTIES QUANTIES Sodium 67,000 NRH20/500 Gallon Hypochlorite Gallons Gal Bulk Delivery NRIonCentre/250 2400 gallon I Muriatic Acid 4,000 Gallons 55 and 30 1 x 30 Gallon 15 x 30 gallon Gallon Barrels � Calcium 700 Pounds Granulated I X 10�0# 10 X 1009 Hypochlorite in Tubs pail pail Sodium Bicarbonate 1500 Pounds 50 Pound Bags I x 50#bag 55 X 509 bag 31 List the maximum amount of time for delivery after receipt of order: 48 Hours -ARO Sodiurn Hypochlorite to be delivered(NSF 60 certified for drinking water,EPA registered,AWWA). Delivered directly in Mini- Bulk(100 to 2400 gallons)and pumped into containinent tanks by Our fleet Of unique DOT'approved tankers(from up to 400 ft away).DCC trucks have the lift gate to accommodate delivery of additional water treatment chernicals specified in bid. DCC will coordinate with Staff to,schedule deliveries to meet requirements of each facility.NRI420 may be scheduled to be delivered on Monday,Wednesday and I'May mornings as long as meeting the Minimum quantities submitted with bid documents. Deliveries to NRH Centre are to be scheduled on as needed basis with DCC Customer Service 972-224-1669 32 North Richlancl Hills RFB 23-013 AQUATIC CHEMICALS FOR NRH2O AND NRH CENTRE 2:OOPM(CST)WEDNESDAY FEBRUARY 8,2023 PETRA CHEMICAL ACQUISITION COMMERCIAL CHEMICAL COMPANY,LLC DBA DCC PRODUCT,INC. DBA POOLSURE Bid Item Description Unit of Measure '', Quantity Shipping Method Unit Price Total Price Unit Price Total Price List No. I Sodium Hypochlorite Gallons 67,000 Bulk Delivery $ 2.24 $ 150,080.00 $ 2.75 $ 184,250.00 2 Muriatic Acid Gallons 41000 55 and 30 Gallon Barrels $ 3.50 $ 14,000.00 $ 4.75 $ 19,000.00 3 Calcium H pochlorite Pounds 700 Granulated in Tubs $ 3.25 $ 2,275.00 $ 4.40 $ 3,080.00 4 Sodium Bicarbonate Pounds 1,500 50 Pound Bags $ 0.70 $ 1,050.00 $ 0.66 $ 990.00 TOTAL AMOUNT BID $ 167,405.00 $ 207,320.00 Non-Fuming Pool Acid(see SDS submitted with Bid) shipped in 15 and 30 gallon Refer to Contract Changes Grid ldrums.Refer to Contract Changes Grid LIST MINIMUM AND MAXIMUM QUANTITIES DELIVERABLE: Bid Item Minimum Description Unit of Measure Quantity Shipping Method Minimum Quantities Maximum Quantities Maximum Quantities List Quantities No. NRH2O/500 Gallon Sodium Hypochloriee NRH Centre/250 1 Gallons 67,000 Bulk Delivery/ Gallon 2400 Gallon 200 Gallons 2,800 Gallons 2 Muriatic Acid Gallons 4,000 55 and 30 Gallon Barrels 1 x 30 Gallon 15 x 30 Gallon 15 gallons 500 gallons 3 Calcium H chlorite Pounds 700 Granulated in Tubs 1 x 100#Pail 10 x 100#Pail 100 Pounds 700 Pounds 4 Sodium Bicarbonate Pounds 1,500 50 Pound Bags 1 x 50#Bag 55 x 50#Bag 50 Pounds 1 1,500 Pounds List the maximum amount of time for delivery after receipt oforder: 48 Hours-ARO 2 business days y Purchasing Mamiger e Bid Tabulation Statement ' All bids submitted for the designated project are reflected on this bid tab sheet. However,the listing of a bid on this sheet should not be construed as a comment on the responsiveness of such bid or as any indication that the city accepts such bid as responsive. The city will make a determination as to the responsiveness of bids submitted based upon compliance withal]applicable laws,City of North Richland Hills guidelines,and project documents,including but not limited to the project specifications and contract documents. The City will notify the successful bidder upon award of the contract and,according to law,all bids received will be available for inspection at that time. CERTIFICATE F INTERESTED TI FORM 1295 loft Complete Nos,1 4 and 6 if there are Interested parties. OFFICE USE ONLY Complete vies,1,2,3,5,and S if there are no interested parties. CERTIFICATION OF FILING 1, Name of business entity tiling form,and the city,state and country of the business entity"s place Certificate Number: of business. 2023-976930 Petra Chernical Acquisition Company,LLC dba CCC Houston,TX United States abate Filed: 2 Name of govemmental entity or state agency that s a party to t to contract or w Ac tfte forms 01127/2023 being filed, North Richland mills Date Acknowledged: 3, Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other properly to be provided under the contract. Sid#23-013 Aquatic Chemicals for NRH2O and NiRH Centre Nature of interest q Name of Interested Party City,State,Country(place of business) (chock applicable) Controlling Intermediary Morian,S.Reed Houston,TX United States X futorian,S.C. Houston,TX United States X Karm,R.C. Houston,TX United States X Clapsaddile,Brett C, Houston,TX United States X Filer, Kurt R. Houston,TX United States X 5 Check only if there is NO(Interested Party. 6 UNSWORNI DECLARATI'UN My name is Brett C,Clapsaddle and my date of birth Is 0811!019 953 My address is 300 Jackson Hill Street Houston TX 77007 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In Harris County, State of Texas can the 27thday of January 2q 23 (months) (year) 17 Signature of authorized agent of contracting business entity (r)eclsvant) Forms provided by Texas Ethics Commissiona.etltics.state.ba.us Version V3.5.1.3act3klbco "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: ZC21-0004, Ordinance No. 3781, Public hearing and consideration of a request from TRC Architects for a zoning change from C-1 (Commercial) and R-7-MF (Multifamily) to NR-PD (Nonresidential Planned Development) at 3918-3920 Rufe Snow Drive and 3917- 3921 Flory Street, being 1.04 acres described as Lots 5B1, 5C1, 8A, and 8B, Block 1, Jack M. Estes Subdivision. PRESENTER: Clayton Comstock, Planning Director SUMMARY: On behalf of Spears Enterprises LLC, TRC Architects is requesting a zoning change from C-1 (Commercial) and R7-MF (Multifamily) to NR-PD (Nonresidential Planned Development) on 1.04 acres located at 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street. The applicant is proposing to renovate two existing commercial buildings and construct a new office building on the property. GENERAL DESCRIPTION: The property under consideration is located on the east side of Rufe Snow Drive north of Harmonson Road. The property extends from Rufe Snow Drive to Flory Street. The site is developed with two vacant commercial buildings fronting Rufe Snow Drive, and the property fronting Flory Street is vacant. Property to the north is vacant, and property to the south is developed with both commercial and residential uses. A site plan package for the proposed m. development is attached. The owner proposes to renovate the two commercial buildings for their -- businesses. The buildings are intended for II �If IIir�� Ir II ��nall , a tr tl, fir;. mobile walk-in freezer rental company, and Spears Refrigeration, a `! mechanical contracting company. A new office building is proposed to be constructed on Flory Street for their 1 real estate investment company. The owner is seeking approval of an NR- PD (Nonresidential Planned Development) district to allow the use of the property and to address modifications to specific site development standards for the property. "K NOKTH KICHLAND HILLS The northern building contains 4,995 square feet of floor area, and the southern building contains 5,430 square feet. An addition of 435 square feet is proposed for the southern building. The proposed building on Flory Street would include 2,400 square feet of floor area. The property would ultimately be replatted into three lots so that each building is located on a separate lot, with cross-access between the lots provided through common driving aisles. . ...... ....... v � � aM , � W �m u� TFT NEW P.L. S0pO 114'T©.dni U. i . n , LL 4 LOT JACK M.ESTE5 JR,5U5GI..,v151ON UM Uses-K. p.527, PR.rr.T. C' I- ZONING �! LOT',A,BLOCK I I N N Currently, the front yard area along Rufe Snow Drive is completely paved. The proposed improvements would remove paving to create a defined driveway entrance, landscape setbacks, and parking adjacent to the building. The primary parking lot would be constructed to the rear of the buildings. Combined, the three buildings would provide 29 parking spaces, which exceeds the required 19 parking spaces. Due to existing developed conditions on the site, the owner proposes modifications to the landscaping standards, which are discussed in detail below. The landscape plan for the site addresses each building independently in anticipation of a future replat of the property. On both street frontages, 15-foot landscape setbacks, street trees, and screening shrubs would be installed. A landscaped buffer yard would be installed on the south side of the Flory Street lot as the adjacent property is zoned for residential use. A six-foot tall masonry screening wall would be constructed along the north and south property lines. On Lots 1 and 2, areas for outside storage are delineated on the site plan. Outside storage is permitted provided the areas are located on the side or rear of the building, the area does not exceed 10% of the lot area, and the storage area is screened by a masonry screening wall. The proposed areas comply with these standards, with the storage area on Lot 1 being 8.7% of the lot area and Lot 2 being 2.2% of the lot area. All areas would be screened by the six-foot masonry wall described above. The proposed conditions of approval for this NR-PD district are attached. Applications for rezoning to this district provide an opportunity to address modifications to specific site development and building design standards for the site. These conditions are based on the applicant's proposed development of the property and the items described below. "K NOKTH KICHLAND HILLS These conditions may be modified throughout the public hearing process, but they are subject to final approval by City Council. Land use The proposed land uses for the property include some that are not permitted in the existing C-1 (Commercial) district. In addition to the owner's businesses, other proposed uses include cabinet shop, contractor's office with shop and garage, lawn maintenance and service shop, motorcycle repair shop, moving or storage company, pest control service, print shop, upholstery shop, and warehousing. The applicant is seeking approval of an NR-PD (Nonresidential Planned Development) district to include these uses as permitted businesses on the property. Landscaping Due to existing developed conditions on the site, the owner proposes modifications to the landscaping standards. Adopted standards require that at least 15% of the site area be maintained in a landscaped area. On the two developed lots, the owner proposes to provide at least nine percent (9%) landscaped area on Lot 1 and six percent (6%) landscaped area on Lot 2. While Lot 3 would provide over 23% landscaped area, the owner proposes a six foot wide buffer yard adjacent to most of the south property line. This narrower buffer yard is proposed to accommodate an area for parking spaces (see exhibit below). Two trees are proposed, and a six-foot tall masonry screening wall would be constructed on the entire length of the property line. Since the adjacent property is zoned for residential use, a 15-foot buffer yard is required. The buffer yard must include one large tree per 30 linear feet, with at least 40% of the trees being an evergreen species. Based on the length of the buffer yard, three trees are required. In addition to the two proposed trees, the Development Review Committee recommends that three additional ornamental trees be planted within the buffer yard. This recommendation is included in the attached NR-PD standards. Lu UJ L i IN 15"LANDSCAPE 4 -- Zed'FIREILANE SETBACK STEEL EDGING ... 1p 5 MAIDEN CRASS Y TURF S6 1 "K NOKTH KICHLAND HILLS Building setback Since the property north of the site is zoned R-7-MF (Multifamily), the C-1 (Commercial) district requires a 35-foot building line setback on the subject properties. On Lot 3, the owner proposes to construct the new building on the north property line, essentially providing a zero-foot setback. This setback would be permitted by right if the adjacent property were zoned for nonresidential use. The owner is requesting approval of this modified setback due to Lot 3 being 100 feet wide and the adjacent property being vacant and used as driveway access for Caliber Collision. Refuse container enclosure Locations for refuse containers are provided on Lots 1 and 2. The areas are located behind the existing buildings and adjacent to the six-foot masonry screening wall described above. The zoning ordinance requires containers to be placed within a masonry-wall enclosure with opaque gates. Due to the proposed design of the site and proposed location for the containers, the owner is requesting that the enclosures not be required and allow the masonry screening wall and buildings to serve as screening devices. LAND USE PLAN: This area is designated on the Land Use Plan as Retail Commercial. This designation provides sites for community and regional shopping centers, commercial establishments, and employment centers. These sites are typically located on highways and major thoroughfares at key intersections. A supplemental recommendation of the Land Use Plan is to prioritize commercial uses at key intersections where retail is most likely to thrive. CURRENT ZONING: The property is currently zoned C-1 (Commercial) and R7-MF (Multifamily). The C-1 district is intended to provide for development of retail service and office uses principally serving community and regional needs. The district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. The R-7-MF multifamily residential district is intended to provide areas for high density development of apartment type attached dwelling units. PROPOSED ZONING: The proposed zoning is NR-PD Nonresidential Planned Development following the C-1 (Commercial) district land uses and development standards. The proposed change is intended to support development on the site and allow for the modifications to the site development standards for the property. SURROUNDING ZONING ( LAND USE: ® ® G1(Commercial) NORTH Retail Commercial Vacant R-7-MF(Multifamily) WEST G2(Commercial) Office Commercial Vacant SOUTH G Retail Commercial 1(Commercial) Commercial buildings R-7-MF(Multifamily) Single-family residences "K NOKTH KICHLAND HILLS EAST C-2(Commercial) Retail Commercial Automobile repair shop PLAT STATUS: The property is platted as Lots 5B 1, 5C1, 8A, and 8B, Block 1, Jack M. Estes Subdivision. A replat of the property would be required to accommodate the proposed development of the site. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the February 2, 2023, meeting and voted 5-0 to recommend approval, subject to three additional ornamental evergreen trees being provided adjacent to 3915 Flory Street. RECOMMENDATION: Approve Ordinance 3781. ...................................................... ........................... ............... ............ LLJ ............... .............................. .............. ............... ............... ............... ........................................ ............... ................................................................................................................................................... ............... ............... .................. ......................... ........................... 0 z ................. ............... ............... (1) LU ................................... 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Prepared by Planning 1/17/2023 DISCLAIMER This product is for informational purposes and may not nr I -FFeet have been prepared for or be suitable for legal,engineering,or surveying 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. e r / t� C ill full(J ISM(7 I II�,I�If�r r I .nil/f l � '� /if% x, / G/m II/i f,, -; r IIIIIIIIIII II IIIIII IIII IIIIIIIIIIIIIIIIIIII %��%j� � i / //iii J r ;? /i / guy „W i ", Ir 199 /"am r Prepared by Planning 1/17/2023 N DISCLAIMER:This product is for informational purposes and may not n Feet have been prepared for or be suitable for legal,engineering,orsurveying N 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZC21 -0004 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a zoning change as shown on the attached map. APPLICANT TRC Architects LOCATION 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street REQUEST Public hearing and consideration of a request from TRC Architects for a zoning change from C-1 (Commercial) and R-7-MF (Multifamily) to NR-PD (Nonresidential Planned Development) at 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street, being 1.04 acres described as Lots 5131, 5C1, 8A, and 8B, Block 1, Jack M. Estes Subdivision. DESCRIPTION Proposed zoning change for the renovation of two existing buildings (10,425 sq ft combined) on Rufe Snow Drive and the construction of a new 2,400 square foot building on Flory Street. Proposed uses for the buildings include contractor's offices with storage, general offices, warehousing, and other commercial activities. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 2, 2023 City Council 7:00 PM Monday, February 27, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP - - ............................. .. z HAR O N LU z r I 0 - 1 € mn`. NEW P.L. W.0¢?',.,�,�,��;: M.t 7 LL Sb55 ��n - " 1' �—rmmw �k d�INP 9MF�Z41NC5 f ro� T )A,- M,ESTES JR SU6L(VISION LOT 5A,BLOCK,I R IZONING I"JACK M ESTES JR 8U£'DIA6110N v380 9 6 465 PRT „—,G7. Luft:SGarE bF fSRs&F .. ravm�sv. iu^cnu aF � JA avw�cx IS 59 2WACE3 - rmu ewuanw.szay aa. rprM. t+aa'JN,'.'.�+aR9�'.'GF9 m9PdGE5 PP5JrmEE1 � / ._._.. ' 40 �11>> J Fv11LlLl.;il E-BIRD")Er E ✓I-J, Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC21-0004 BESSON,HENRY D 6719 HARMONSON RD NORTH RICHLAND HILLS,TX 76180 BOULDERCREST APARTMENTS LLC 25 VIA DEL CIELO RANCHO PALOS VERDES,CA 90275 HALWANI,GEORGE 2700 WOODLAND PARK DR APT 609 HOUSTON,TX 77062 HUFFMAN,CLARENCE 6537 MEADOW LAKES DR NORTH RICHLAND HILLS,TX 76180 JIWANI MASTER DISTRIBUTION INC 5804 NW 117TH TERR OKLAHOMA CITY,OK 73162 KEDARNATH AND SONIA BENEGAL REVOCABLE TRUST 4113 COACHMAN LN COLLEYVILLE,TX 76034 LEVART PROPERTIES LLC 2336 CLAIRBORNE DR FORT WORTH,TX 76177 LOS RORROS TILE AND COPING INC 7012 SPRING CREEK TRL FORT WORTH,TX 76148 SPEARS ENTERPRISES LLC PO BOX 152686 ARLINGTON,TX 76015 WATERS,CAROLYN J 3909 RUFE SNOW DR NORTH RICHLAND HILLS,TX 76180 WESTSTAR MORTGAGE CORP 2155 LA BLVD NE STE 8000 ALBUQUERQUE,NM 87110 ...................................................... ........................... ............... ............ LLJ ............... .............................. .............. ............... ............... ............... ........................................ ......................... ............... ....................... .................. ........................... z LU ................. .......................... LL LL ............... ............... ............... ............... ...................... .............. ............... ..................... ........... ............... ............... ............... ............... .......... ............... ............... III ................ ........ ....................... ... . ........................ � Ill Nil ............... ................................................... ............ ........... HARMONSON ............... ....................................................................................... ............ ........... ............... ............... ............... Prepared by Planning 1/17/2023 DISCLAIMER This product is for Informational purposes and may not nr I —FFeet have been prepared for or be suitable for legal,engineering,orsurveying 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. TERRY R. CUNNINGHAM ARCHITECTS Sept. 30, 2021 CASE ZC21-0004 PROPOSED USES 3918/3920 Rufe Snow Dr. & 2 adjacent lots 1. Our use for 3920 Rufe Snow will be for our three businesses DFW Freezer Rentals: I have 6 mobile Walk-In Freezers (on trailers)that will be stored at this site when not in use. There is no walk-in traffic. I am the only employee for this business. Spears Refrigeration: This is a small mechanical contracting company with two service techs . This is a four employee company. We will store equipment,parts and one trailer for this business. There is no walk-in traffic for this business. Spears Group Properties: This is a small real estate investing company that me and my wife run. We buy and hold properties as well as help others with buying and selling properties. There will be no walk-in traffic. 2. Our plans are to occupy 3920 Rufe Snow for all three businesses with improvements by the first of the year 2022. 3918 Rufe Snow will be remodeled January 2023 with tenants in place. The Flory Street new construction will have a completion date by June 2023. 3. Occupancy use for 3918 Rufe Snow and 3917 Flory Street will be used for one of the following: Contractor Office with Storage, Accessory Building, Auto Parts and Accessory Sales, Office, business administrative or Professional, Bicycle Shop, Computer Sales and Service Store, Computer Software Store, Key Shop, Locksmith, Trophy & Awards Shop, Lawn Maintenance Service Shop, Moving or Storage Company, Pest Control Service Store, Print Shop, Upholstery Shop, Warehousing, Cabinet Shop, Motorcycle Repair Shop, Max Spears d:A Spears NRH-CITY USES 3604 S. Cooper St. Suite 100 Arlington,Texas 76015 682-667-0044 F 682-667-0056 www.trcarchitects.com TERRY R. CUNNINGHAM ARCHITECTS Sept. 30, 2021 CASE ZC21-0004 PROPOPSED REQUESTED VARIANCES 3918/3920 Rufe Snow Dr. & 2 adjacent lots 1. We are asking for a variance on the trash enclosures. The actual dumpsters will be hidden behind the proposed 6 feet masonry walls between the rear parking area and the street frontage. The north trash location will have an additional 6 feet masonry wall to screen it from Flory Street. The addition of any trash enclosures will make the use of the rear overhead doors more difficult. We request that no trash enclosures be required. 2. We are asking for a variance on the 15 feet landscape buffer yard near the Flory Street new building. This exterior wall will serve as a screen device along the south property line. The R7 sites to the south will likely remain actual residential properties for a short time frame with this area converting to commercial uses. 3. We are asking for a variance on the architectural elevations as submitted. This proposed architectural appearance will far exceed anything along the existing blocks. The developer is limited by the existing shapes and wall types. 4. We are asking for a variance on the requested tree island in the rear yard. This area will be screened by buildings and masonry walls. This area of the site will be used for parking, maneuvering and outdoor storage. The addition of an island will make the use of the rear overhead doors more difficult. 5. The amount of landscaping is less than the NRH landscape ordinance requires on some of the proposed lots. We are requesting that the amounts shown in our landscape data charts be approved. We have placed all our landscape areas toward the street for public views. Terry Cunningham A.I.A. d:A Spears NRH-CITY VARIANCES 3604 S. Cooper St. Suite 100 Arlington,Texas 76015 682-667-0044 F 682-667-0056 www.trcarchitects.com ORDINANCE NO. 3781 ZONING CASE ZC21-0004 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING 1 .04 ACRES OF LAND LOCATED AT 3918-3920 RUFE SNOW DRIVE AND 3917-3921 FLORY STREET FROM C-1 (COMMERCIAL) AND R-7-MF (MULTIFAMILY) TO NR-PD (NONRESIDENTIAL PLANNED DEVELOPMENT); PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING FOR SAVINGS; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas 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 Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting the Vision203O Land Use Plan as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Vision203O Land Use Plan map provides guidance for future development in conformance with the adopted Vision203O Land Use Plan; and WHEREAS, the owner of property located at 3918-3920 Rufe Snow Drive and 3917- 3921 Flory Street (the "Property") has filed an application to rezone the Property from its present classification of C-1 (Commercial) and R-7-MF (Multifamily) to NR-PD (Nonresidential Planned Development); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 2, 2023, and the City Council of Ordinance No. 3781 ZC21-0004 Page 1 of 4 the City of North Richland Hills, Texas, held a public hearing on February 27, 2023, with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning the Property and approving a Nonresidential Planned Development as provided herein on a 1.04-acre tract of land described as Lots 5B17 5C17 8A, and 8B, Block 1, Jack M. Estes Subdivision, commonly referred to as 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to herein approve the nonresidential planned development in accordance with the requirements of the Nonresidential Planned Development (NR-PD) district Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official zoning map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved Nonresidential Planned Development (NR-PD)zoning, as set forth above. Section 4: The use of the property described above shall be subject to all applicable and pertinent ordinances of the City of North Richland Hills, all applicable regulations contained in the Building and Land Use Regulations for the C-1 (Commercial) zoning district, and the additional zoning standards as set forth in Exhibit "B." Ordinance No. 3781 ZC21-0004 Page 2 of 4 Section 5: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 6: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 8: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills 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 9: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 10: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 11: This ordinance shall be in full force and effect immediately following publication as required by Section 10 hereof. Ordinance No. 3781 ZC21-0004 Page 3 of 4 AND IT IS SO ORDAINED. PASSED AND APPROVED on this 27th day of February, 2023. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary / Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3781 ZC21-0004 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3781 - Page 1 of 1 Zoning Case ZC21-0004 Lots 5B1,5C1,8A,and 8B, Block 1,Jack M. Estes Subdivision 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street, North Richland Hills,Texas Lots 5B and 5C1, Block 1,Jack M. Estes Subdivision Being land described as Lots 5B and 5C1, Block 1, Jack M. Estes Subdivision, according to the plat recorded in Volume 388-9, Page 469, Plat Records,Tarrant County,Texas.. Lots 8A and 8B, Block 1,Jack M. Estes Subdivision Being land described as Lots 8A and 8B, Block 1,Jack M. Estes Subdivision, according to the plat recorded in Volume 388-K, Page 527, Plat Records,Tarrant County,Texas. �a®a. W nRr_c. N 89'56'23" E W 386.59� 196.6, 190.0 ..._. ..- 9 C1 o © 8—A b I Slo.r m YTs3 Q rn� L S 89'56'23" W 190.00, u S 89'56'23" W 196.55' J Vz ..... © 6-B o O J p ® O €p o ow 6.e S 89'56'23" W 19000' g 5 00'fl3'37" E a4'S-C BO k I y4.388..Y,P.527 R P 7C.T.n bl IL .. ...— S 89"56'23"W 196.51' rMta sa a us 9 or- Y ILa7 5k Black 1 E t I SundvW- u Bo L r U-of B�-f1 Y 356°°�9 P.RB••4,P.R.T.C.P, JI ck M,Csles J 60 5 k bd7rvision V 388-IY,P-527',R_R_T_C.T_ Exhibit B—Land Use and Development Regulations—Ordinance No. 3781— Page 1 of 2 Zoning Case ZC21-0004 Lots 5B1,5C1,8A,and 8B, Block 1,Jack M. Estes Subdivision 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street, North Richland Hills,Texas This Nonresidential Planned Development (NR-PD) District must adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and adopt a base district of C-1 (Commercial). The following regulations are specific to this NR-PD district. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction will prevail. A. Permitted Land Uses. Uses in this NR-PD are limited to those permitted in the C-1 (Commercial) zoning district, as amended, and subject to the following. 1. Permitted uses Cabinet shop Pest control service Contractor's office with shop and garage Print shop Lawn maintenance and service shop Upholstery shop Motorcycle repair shop Warehousing Moving or storage company 2. Any land use requiring a special use permit in the C-1 (Commercial) zoning district, as amended, is only allowed if a special use permit is issued for the use. 3. Any land use prohibited in the C-1 (Commercial) zoning district, as amended, is also prohibited. B. Site development standards. Development of the property must comply with the development standards of the C-1 (Commercial) zoning district and the standards described below. 1. The site improvements must be constructed as shown on the site plan attached as Exhibit "C" and the standards described below. a. On Lot 3,the building setback on the north property line may be zero feet. 2. Landscaping must be installed as shown on the landscape plan attached as Exhibit "C." a. On Lot 1, at least nine percent(9%) of the lot must be maintained in a landscape area. Landscaping is not required in the parking lot at the rear of the building. b. On Lot 2, at least six percent (6%) of the lot must be maintained in a landscape area. Landscaping is not required in the parking lot at the rear of the building. c. On Lot 3, the buffer yard adjacent to single-family residential property on the south side of the lot must be at least six (6) feet wide. The buffer yard must be landscaped with at least one (1) large tree and three (3) ornamental trees. d. A six-foot tall masonry screening wall must be constructed on the south property line adjacent to the single-family residential property. The wall must be constructed as a traditional masonry wall or a pre-cast product.Thin panel walls are prohibited. Exhibit B—Land Use and Development Regulations—Ordinance No. 3781— Page 2 of 2 Zoning Case ZC21-0004 Lots 5B1,5C1,8A,and 8B, Block 1,Jack M. Estes Subdivision 3918-3920 Rufe Snow Drive and 3917-3921 Flory Street, North Richland Hills,Texas 3. A four-foot wide sidewalk must be constructed adjacent to Rufe Snow Drive and Flory Street. The developer is responsible for the sidewalk construction. 4. Enclosures for refuse containers are not required, provided the containers are located in an area screened from view by a perimeter masonry screening wall or building, as shown on the site plan attached as Exhibit "C." C. Building design standards. Building design and appearance must comply with the building elevations attached as Exhibit "C." 1. Signs must be designed and installed in accordance with Chapter 106—Signs of the North Richland Hills Code of Ordinances. D. Amendments to Approved Planned Developments. An amendment or revision to the Nonresidential Planned Development (NR-PD) must be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that zoned the land to the NR-PD district. The city manager or designee may approve minor amendments or revisions to these standards provided the amendment or revisions does not significantly: 1. Alter the basic relationship of the proposed uses to adjacent uses; 2. Change the uses approved; 3. Increase approved densities, height, site coverage, or floor areas; 4. Decrease on-site parking requirements; 5. Reduce minimum yards or setbacks; or 6. Change traffic patterns. $a I VICENDIO FAMILY LIVING TR, � CC'D21T "�cd` P RTC:T.C.T. I I z LOT N"BLOCK 3 LOT 4,BLOCK I LOT 9,BLOCK I JL AUTRET ADDITION JACK I'L ESTES JR SUBDIVISION JACK M_ESTES JR,SUBCI V1510N CO'C2 05 0 41144 V388-A R113, P.RT.CT_ V.388-A, P.113,P.RTL_T_ . D.RT.CT. %+Tj C 2— ZON �` ZONING IN� Waes zaysTssroa r_i�a�a ss s�zs sr. 'szrm,ns st_ iz�sv..s�aces uz - sP, LOT 9,BLOCK I a HENRT ADDITION I.y VA, P.493 ]'y nrx90.00ePccv Imm.mm� P.RT CT. A 3��. re8'^1F Uj Z LOT BLocK 1 � a _ HENRT 2,ADDITIONLU �y V3 P.RTC P.42 3 y�y Z \ ^ $ NEW PL 9m.00�.-. �d - ImmDO LU 0 F a W 19555 i a a x J LL LL CAROLYN J.WATERS CC" D2153m4194 D.RT.0 T. 3 LOT 8-C BLOCKS \ 10R0R022 � JACK M.ESTES JR SUBDIVISION J V388-K, PS21, RR.TC.T. °^`m C — ZONING 196s1' �— �ONIN nsnEnx LOT SA,BLOCKI CITY REVIEW JACK M.ESTES JR SUBDIVISION _ v38S-9, R469, RRT.CT, sxsxT nTLe. ,^, ,,,^ate, o T�mz.s.•e,s a LOT 8 JR BLOCK JACKM ESTES JR SUBDIVISION SITE PLAN V388-K, P521,PRT.C.T. i9mm st.=6 svr�s irz a�655F.=35PKE9 i9 mm LTAL�ILpIN p Sp655F. sHFET I SP1 tm i 1Wm � STE L a VICINI Ul eTaLE Y MAP 4.%Z 'IT I LEGEND lw 0 ————LIA- xnacxE sr. off rc III 1 1111 1111 V 1111 LANDSCAPE NOTES LANDSCAPE DATA SUMMARY LOT 1 LANDSCAPE DATA SUMMARY LOT 2 LANDSCAPE DATA SUMMARY LOT 3 .......... Lu < z 'A'Go 0 PLANT SCHEDULE ITY 11 11L lE 111E @—TIL11- GENERAL NOTES SODINSTALLATION 12122 GENERAL UTILITY NOTE 7;�_ ID—.1ITTAL MASONRY WALL NOTES IN—AlE YIN Ll.01 I I �Uoo w�aTT��eu aa�, VICENCIO FAMILY LIVING,TRUST 5 CC'D2110""", CRT G.T. 6s LIGNT NXTURE 5TREETUJCRK5 " :- COOPER STREETWORKS FULL CUTOFF DOOR z WKP UAL-PAK 46 W LTD a a �j WALL LUMINAIRE5 UR/DOWN 51DE 5OURCE u - LOT IIR BLOCK 3 24 D335 IS.IW LED ` JL AUTRET ADDITION OY H CC'D205041144 . D.RTOJL 51 TE LIGHTING TO COMPLY W/CITY ORDINANCE w= SET IGN 118128 ON OUTDOOR LIGHTING A4 - LOT 4,BLOCK I LOT 9,BLOCK I JACK M.ESTE5 JR.5U5DIV15ION JACK M.E6TE5 JR SUBDIVISION V388-A, P.113, P.R.T.CT, V388-A, P.113, RRTC.T, O 2- ZONING F ZONING LOT 1,ELOCKI .a HENRT ADDITION Ia-I vA, P.493 xl Mom. 1966 P.RT C.T. — — s 9mem' IGte mm LOT 2,BLOCK I LW, HENRY ADDITION W W yz /. "W V.388-133,P42 QI d m Z \ NEW PL. Ozo ..,; 10030 y .: e + a LL " 19655 rt. _ _ Q ROLTN J.WATER5 8__ 6 \' ' D216304194 1 ,,...," ___ �; ® uacam �, �,. t. D R.T.C.T. 0, 9m.mm' mm.mm LOT 8-C,BLOCK I 10R0R0?2 H _ JACK M.E5TE5 JR S0DIV1510N saw. O I- ZONING n651 V288-K,P521,P.RTC_T- rss�eron. CITY REVIEW LOT SA,BLOCK 1 f ZON N __ __ sxeer nrLe JACK M.ESTE5 JR BDIVISION SU V388 9 P.469,P.RT C.T. LOT 8-D,BLOCK I SITE PLNN JACK M ESTE5 JR.5U51DIV15ION LIGHTING V,388-K, P521,PJ2.TC.T. I � - - - - - - � - - - - - - SLP1 Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 4 of 12 TERRY R.WCUNNINGHAM � ARCHITECTS SPEARS CORPORATION ® ®® BUILDIN 6-CONCEPT I0/20/22 NOT TO SCALE r III f CITY REVIEW i W I9rfN P � 65'h F r d ,�� wrrruuvY: ..riylm / c U �uNonr u w.Nr rwu 5PEAR5 CORPORATION 5UILpING -ELEVATION WE51 raFrea�,xumo .......... Ell, 1 Y9 51=EAR5 CORPORATION 15UILDING -ELEVATION EA5T Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 5 of 12 mIY R. CUNNINGHAM ARCHCHITTECTS SPEARS CORPORATION �I,u r t BUILDINCsS-CONCEPT aN J I0/20/22 NOT TO SCALE CITY REVIEW 1 r,un,e Nnr' f�NF cc s.rna 4F'fVktu AWNUtltu. SPEARS CORPORATION BUILDING -ELEVATION NORTH . Fl d9 i ,.. SN I%� � ,1-LI4I11 �� tY 4Pft ItJYY �4 M A fi�aF N'fU't � � k➢A ,.sl'.Cll/L.JE.MCkP � Uvu�W 5PEAR5 CORPORATION BUILDING -ELEVATION 5OUTH Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 6 of 12 mIY R. CUNNINGHAM ARCHCHITTECTS SPEARS CORPORATION mry m BUILDINGS-CONCEPT I0/20/22 NOT TO SCALE CITY REVIEW r .uGca ,7r a4rrinnn rn-rw n`wmn`ur \ nwory ACE BUILDING ELEVATION WEST .. .� ... ACE BUILDING- ELEVATION EAST Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 7 of 12 u,rn ua TERRY R. CUNNINGHAM ARCHITECTS SPEARS CORPORATION BUILDINGS-CONCEPT 10/20/22 NOT TO SCALE CITY REVIEW an PfH'nMdli vftNph ' NEW BUILDING -ELEVATION NORTH i dlV. �PtM1IpFA iIALCANS1Yf-� z mrvt.w..a ��.iu a ucnoun�w v,ynmrvr aser�cm NEW BUILDING - ELEVATION SOUTH Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page S of 12 I R. CUNNINGHAM � ARCHITECTS y SPEARS CORPORATION BUILDINGS—CONCEPT -------- -------- -------- --------- ' 12/14//22 NOT TO SCALE CITY REVIEW i i iiiiii iii iiiiiiiio ii ii iiri i�i a �f�iiii iiiia i i i loll iiiii�i i!✓iii i r� rr�r�r p i NEW BUILDING —ELEVATION NORTH NEW BUILDING —ELEVATION EAST I r a �n NEW BUILDING - ELEVATION SOUTH NEW BUILDING — ELEVATION WEST oosmc emuNrws n emuNra PNNIEN mnacrt VNLS PNNIEOS�tlgYgE2 VNLS fEll wr ROX NEN 6FI SM Y RI NA Y yy,,�� pp55 CtLUNS SN�NNM W�IfAEIE SNNNM rxeacrt o@ P T�q PImNOE 1'.(4'NANX d911XG5 nru wI.i ��,c. N Pr vN tort °" st ""°"` SP1.OA SWING GATE -LEV. (EXIST. BLDG.) —A( IRON GATE ) SP1.08 SLIDING GATE ELEV.(NEW BLDG.) — B ( IRON GATE— CMU) Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 9 of 12 mIY R. CUNNINGHAM ARCHCHITTECTS SPEARS CORPORATION BUILDINGS-CONCEPT I0/20/22 NOT TO SCALE CITY REVIEW r r J a./ / J J J / J J JJ J ti� f k, 1 i � i�rr / Y tr,�//'rmJ��Uy r I nr //lrYn�n/Jr aJh r r, III fr ^rol,fru� r�Iy+�D„�r�'"`r �kf s�, eJ1„� j ,r� v 4 v/�,' Yvi4,� ,;, p�4m,✓r0 r/rn111 i�rrr jl wlr �f ^'��°. L'ii�l r,�I,�ur$arlunt � lnii� ,:i � � �// 1� ryx �;rUI'�rr�a rrd,IVY!'elawna„u,,,�rv�7. '4"r rs ,r, -- SPEARS CORPORATION BUILDING -PERSPECTIVE VIEW Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 10 of 12 mIY R. CUNNINGHAM ARCHCHITTECTS SPEARS CORPORATION BUILDINGS-CONCEPT I0/20/22 NOT TO SCALE CITY REVIEW / / �j it // of /aaaaaaaaaaao o0 00 aaaaai al ir�� ✓ �ri,ir �� //ln f��p+skvl �12u/ d r", y ry7mp�omuomtosuo�mn^^mwmwrom ,. ft� fillt3i a ro„e ACE 5ULD1NG —PER5PECTIVE 5TREET VIEW Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 11 of 12 mIY R. CUNNINGHAM ARCHCHITTECTS SPEARS CORPORATION BUILDINGS-CONCEPT I0/20/22 NOT TO SCALE CITY REVIEW iin l i J� N Flm NEW 5UILDING -PER5FEC-TIVE 5TREET VIEW Exhibit C-Site Plan Exhibits-Ordinance No.3751-Page 12 of 12 mIY R. CUNNINGHAM ARCHCHITTECTS SPEARS CORPORATION BUILDINGS-CONCEPT I0/20/22 NOT TO SCALE CITY REVIEW - 1 / i 1 16> OVERALL SITE - 5IRp'5 EYE VIEW MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 2, 2023 CA ZC21-0004 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM TRC ARCHITECTS FOR A ZONING CHANGE FROM C-1 (COMMERCIAL) AND R-7-MF (MULTIFAMILY) TO NR-PD (NONRESIDENTIAL PLANNED DEVELOPMENT) AT 3918-3920 RUFE SNOW DRIVE AND 3917-3921 FLORY STREET, BEING 1.04 ACRES DESCRIBED AS LOTS 5131, 5C1, 8A, AND 813, BLOCK 1, JACK M. ESTES SUBDIVISION. APPROVED Chair Welborn opened the public hearing and called for the applicant to present the request. Terry Cunningham, 3604 S Cooper St, Arlington, Texas, presented the request. Chair Welborn and Mr. Cunningham discussed the proposed screening wall. Chair Welborn and the applicant discussed the project's phasing. Ex-Officio Ross and Mr. Cunningham discussed the proposed outside storage areas. Commissioner Stamps and the applicant discussed the business types proposed for the development. Mr. Comstock confirmed details of the masonry screening walls on the property. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. Chair Welborn and Ex-Officio Ross stated the renovation of the old buildings would be an improvement for the area. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 2 A MOTION WAS MADE BY COMMISSIONER LUPPY, SECONDED BY COMMISSIONER STAMPS, TO APPROVE ZC21-0004, SUBJECT TO THREE ADDITIONAL ORNAMENTAL EVERGREEN TREES BEING PROVIDED ADJACENT TO 3915 FLORY STREET. MOTION TO APPROVE CARRIED 5-0. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: ZC22-0044, Ordinance No. 3779, Public hearing and consideration of a request from Michael Wood for a special use permit to construct permanent accessory building at 8104 Green Valley Drive, being 1 .0 acre described as Lot 2R, Block 1, College Acres Addition. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Michael Wood is requesting a special use permit to construct a permanent accessory building that does not comply with current standards for floor area, roof pitch, and concrete driveways. The property is located on a 1.0 acre lot at 8104 Green Valley Drive. GENERAL DESCRIPTION: The property under consideration is a � . 1.0-acre lot located on the south side of Green Valley Drive just west of " Davis Boulevard. The site is y developed with a single-family ti residence. The lot has 200 feet of frontage on Green Valley Drive and is t "t-' : t�t'. I � u approximately 217 feet deep. The owner is requesting a special use ;f permit for a permanent accessory a° rnu: talrnrme. u^ Siam u :Cr vrti,rnEr building. A project narrative, site plan 1.0 of the property, and building elevation � wc.`- � I drawings are attached. The proposedi building is located near the southeast corner of the lot. The building is 2,100 - -,— ,,..._ square feet in size, measuring 60 feet 4EVTO*T FiP.MNG in width and 35 feet in depth. The overall height of the building is 16 feet, , , ��.�7� with a wall height of 12 feet. The ,VOL W IMMUMM "K NOKTH KICHLAND HILLS exterior walls are faced with metal panels. The building is intended to be used as a hobby shop, personal storage, and for the parking of vehicles. PROPOSED 60' X 36METAL BUILDING ELEVATIONS LEFT'VIEW FROINIT AIEW RFUCT VIEW .......... .......................................................3 5 01.................... 6() ........................................35.0' REARVIEW .Section 1.1..8 of the zoning ordinance establishes the requirements and standards ........................................................................................................ for permanent accessory buildings and structures. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards. The accessory building is compliant with all development standards except for the standards noted below. The applicant is requesting modifications to these standards as described in the table. Maximum floor area o 1,089 square feet(2.5%of lot area) o Building area:2,100 square feet(4.8%of lot area) Roof pitch o Minimum roof pitch of 4:12 on each side of the o Roof pitch of 3:12 on each side of ridge ridge Concrete driveway o Buildings used for parking of vehicles must o Gravel road base driveway proposed to connect building include a concrete driveway that connects to the to street street Special use permit provision o Primary residence: 1,962 square feet(per Tarrant o Permanent accessory structures may not exceed Appraisal District) square footage of primary residence LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban "K NOKTH KICHLAND HILLS single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The property is zoned R-1-S (Special Single-Family). This district is intended to provide areas for very low-density development of single-family detached dwelling units that are constructed at an approximate density of one unit per acre in a quasi-rural setting. The R-1-S district is specifically planned to allow for the keeping of livestock in a residential setting. The zoning was approved by City Council on June 13, 2022 (Ordinance 3741). SURROUNDING ZONING ( LAND USE: NORTH G1(Commercial) Medium Density Residential Vacant WEST R-1-S(Special Single-Family) Low Density Residential Single-family residence SOUTH R-3(Single-Family Residential) Low Density Residential Single-family residence G1(Commercial) Landscape contractor/sod sales EAST G Office Commercial 2(Commercial) Vacant/Communications tower PD(Planned Development) Roofing contractor office/warehouse PLAT STATUS: The property is platted as Lot 2R, Block 1, College Acres Addition. A replat of the property was approved on June 13, 2022. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the February 2, 2023, meeting and voted 4-1 to recommend denial (Vice Chair Luppy voting against). Unless appealed to the City Council by the applicant, denial of a zoning request is considered final ten days from the date of action by the Commission. The applicant has appealed the request, and a copy of the appeal is attached. RECOMMENDATION: Deny Ordinance 3779. ..................... ..................... .................. NORTHFI Y ILL Q Q w Q J w ! w ,,............... 00 >O I 2 LJ ....................................................................................... (� ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, W ................................................. 2 GREEN VALLEY ........................................................... Q ..................... LA FONTAINE ............................... ............. Q REVENUE ...... Prepared by Planning 1/5/2023 N DISCLAIMER:This product is for informational purposes and may not nr I IFeet have been prepared for or be suitable for legal,engineering,or surveying N 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. mi mi ,(ix, I ly ri y III I a� r, IIII H f .� I fY V' Prepared by Planning 1/5/2023 N DISCLAIMER:This product is for informational purposes and may not nI IFeet have been prepared for or be suitable for legal,engineering,or surveying N 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZC22-0044 -OWNER- -MAILINGADDRESS- -CITY—STATE- -ZIP- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Michael Wood (MT Renovations LLC) LOCATION 8104 Green Valley Drive REQUEST Public hearing and consideration of a request from Michael Wood for a special use permit for a permanent accessory building at 8104 Green Valley Drive, being 1 acre described as Lot 2R, Block 1, College Acres Addition. DESCRIPTION Construction of a 2,100-square-foot permanent accessory building for use as a personal hobby shop and storage of items and vehicles. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 2, 2023 City Council 7:00 PM Monday, February 27, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP NOM14FIELFi U. o I Lu w pp' w _ w , L � GREEN VALLEY LA FONTAINE I REVENUE I Cmwm4n so�,f�� d ( iW, w ��`11'u) u+ J� 35'METAL BUILDING ELEVATIONS ��I m O" gvF I�lI I{lU 4� x l P», LEFT VIEW FRoNrytrw FIGHT VIEW m �troirr � � npa f'YtIA uPtf:pei VAB 1.6 V I�t INN ))j�l� II�� etl m „r ISO r�" fl"�.plFtilS&:IY hi'YI'M."'la" IMF rl.IFyu,yG nlN� , KAR't AM I VU fj Riau 5 ,G' W 2001 r j � j Vl').1 10 SON I'I Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC22-0044 AHLERS PROPERTIES LLC 1528 SARAH BROOKS DR KELLER,TX 76248 CHEN,TAI WAI 7804 HARVEST HILL RD NORTH RICHLAND HILLS,TX 76182 HIGHLAND MEADOWS CHRISTIAN CHURCH 2600 HALL JOHNSON RDG COLLEYVILLE,TX 76034 J H L CONSULTING LLC 7621 CEDAR ELM DR IRVING,TX 75063 NORWINE,THOMAS A 7801 HARVEST HILL RD NORTH RICHLAND HILLS,TX 76182 PARKS,WILLIAM R JR 7805 HARVEST HILL RD NORTH RICHLAND HILLS,TX 76182 SINGH,NAVEEN 7800 HARVEST HILL RD NORTH RICHLAND HILLS,TX 76182 WOOD,SCOTT R 8100 GREEN VALLEY DR NORTH RICHLAND HILLS,TX 76182 WOODBRIAR MANAGEMENT LTD 512 VILLA CROSSING SOUTHLAKE,TX 76092 ............... ............... ............... ILL ........................................................ LU > LLJ > ............... ............... ........... ............... .......................... ............... ............... ............... GREEN VALLEY ............... .................................................... ............... ............... ............... ................ 0 ............................. ...... .. . ...— ............................... ................................ ................... ........................................ .................... A11111111111111111111111111 00000) a. ............... ............... ............... ..................... ........................................ ............... ............... ............... ............ Prepared by Planning 1/5/2023 N --L -------L DISCLAIMER This product is for informational purposes and may not r J I Feet have been prepared for or be suitable for legal,engineering,orsurveying 0 40 80 160 240 320 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. From: Michael Wood To: Clayton Husband Subject: RE: NRH Development Review Committee comments: 8104 Green Valley Dr Date: Friday,February 3,2023 7:05:08 AM Clayton, We would like to appeal the decision for the P&Z committee vote last night. Thank you for your counsel last night. We appreciate the encouragement in this application. With the few concerns they had we would like to have some time to compose a few revisions to our request. We will get back to next week with those. Would trees be a solution to the screening on the South side of the building opposed to a fence?We fell a living green screen would better suit the property. Would it be possible to get the slides from last night's presentation? Michael Wood 817-253-0694 PO Box 820201 North Richland Hills Texas 76182 February 18, 2023 Re: Proposed Metal building description To whom it may concern: I am submitting for proposed 35x60x12 metal building with slab. When we purchased the property we rezoned the property to R-1-S to be able request a SUP to build up to 5% of the SF of the lot which is 1 acre (43,560 sf).The proposed building is 2100 SF which roughly 4.8%. This is an engineered bolt together structure with R panel siding and roof.The building will be used for combination of: - Personal hobby woodshop - Inside Truck and trailer parking - Inside personal Storage/material storage G R h,h V III L L E Y 19 R I fif ��. @ LFYV VVEW FPON7 VIEW RIGHT"%RIF',. n1voom e s u y rnro IWt3AlA WNIE'JW' ✓ If OYh ,R1:-4 aq t SITE PLAN P 41 uN � s wyfo,,,,�oxn grenws <a 8104 GREEN VALLEY DRIVE ONE sla", (NORTH RICHLA,ND HILLS,TEXAS d BI Pi pRPkfAVdLLEY pP /., ;,% cnr i9 II.kRA,V.pE9CIRIFTPt1N QF SUPoVEK'EP 1fRACTi hll it t^rR 011111, x "U .- ^rp! ' 1 Ylertm Aadl t' fl[I I t t .ine 4;rny f N nlh F'.MII d Ihl tll T nt frF County, ord g ts,tlae Plat thead rem ded as I Iti—VN w. I1i2222013690W11rertf4lelal PUbNICR t rdsof larrant Caunly I"eras.. 2' s I 8 u11111¢�R9r.l Fnr a»k. MFTJil,H41.IiItllYIWC. - oii utlgmsi mm ^!'�� ti �S09 n2r WV ZUll lib 9y(n,bllU,3antl I IIIIIIIII ® � a. � � � r�atn hl a�iv `� mom ra,rar)m.��oa .f' h nwn cmntt eal�. tl� r^a. , Steel n r ra�%gs�v cerer7 ®sua 11 m u 1�xr_lI'm -��run � r2"'ron i� a s rs av Qcsast C ICti4 III TT i[iJ'M BR 57 IpSz In�, .•f� I" IBnsw umwo cnrpt Jodi No..22027•IPI''of File 22027 21t Site IPlan The new building Roof and trim will be a darker grey and the body will be a medium grey. We have matched the metal color and painted the exterior of the primary residence to match the building.This will make all look more cohesive and have better curb appeal.These colors will also blend well with the surrounding environment. No bright or flashy colors. 1 � / I%��/i%��///�//,,,,,,�.., � 4 f �tit�. F�'d�,'�'� � cm.,.,d, a u.r,n, ,f f„�:,.r;✓� `r�r {' The left picture below shows exterior elevation. The left side of the right picture shows a rough draft of the equipment I have and why the space is needed.The right side shows the 2 bay doors for my personal truck and a trailer used for material pick up. We have the opportunity to pick up old lumber we can repurpose for projects.This keeps it from going in the landfills.This size building allows all my items to be stored inside the building and not outside to create an unwanted eyesore. i r,�',,,� '� „ o - �� "tip% rr��'✓a',%;rrr ., '..' 1 rrrrrrrrrrr rr, rr r rr rr�rr��r�. — 111 ,., -= r� �rt -,�. �,. —. The 12' wall height of the building is to accommodate a minimal 10' high overhead door. All of the engineered building packages call out for a 3:12 pitch roof.They use the zip code to calculate related loads. LE snow, rain and wind etc.This is why we are asking for the consideration of the 3:12 pitch instead of the 4:12.This would only be a 15" difference from the wall to the ridge. I also feel the lower pitch roof would be a lot less visible from the street view. I do not feel this would be distinguishable even to the trailed eye.This is also a big budget consideration. If we had to do a 4:12 pitch roof it would have to be a 1 off engineered building and that would drive costs up considerably. I have also attached pics of my primary residence roof pitch for reference. It falls between a 3:12 and 3.5:12 (pictures attached from a pitch gauge app) rs I have street pictures below for reference.To the east side, driving down Davis and the street South side, driving down Woods Lane. Davis Blvd has 50 MPH speed limit at this section. Video will be available at council meeting on Power Point presentation. As you can see the east and south sides have solid native mature trees as buffers.The picture on the northside facing the house from Green Valley has 7 planted irrigated trees.There is also a newly constructed permitted 8'wood fence running from the corner of the primary residence to the east property line which will screen the building from Green Valley.There is also a masonry/wood fence on the east side of the property. We are willing to plant 8-10 trees close to the Southside of the new proposed building if needed.This buffer won't really be seen by anyone from Woods lane or Davis, but we are willing to accommodate if necessary. i From Green Valley wkr A� �s y rl J� per R�� r�,4n� r�."l��yrt� ��''Gh J ✓ri rr Y��.:a r�ryn ,utrlSR) rEr l' ,t'r ! •aP�u,:; From Woods Lane From inside property looking East to Davisiimmmoimimmmmoimi mmimi imiillill,� i �r � rh�rEV v�"r✓i � r r,yr � /J�°Y/� �y"r✓4 Y! k 6 �r✓�i M1�ai�l�1�?�y ayp"�d'�f'Y�S s f (�A �,w ,��x�p�� `��s'451"��{�',�`��"e";��i�"yl's�y �,✓`%fie irrr��„rc!� From Davis looking towards propery I would like to take in consideration asphalt pavement instead concrete. On 10/24/22 Dave Pendley, Chief Bldg. Official stated in an email that "the driveway must be concrete or asphalt unless you receive permission to use an alternative material in an SUP."There will not be any exterior parking. u " ° �A l o,,w :?r lr'� 4��jiw� ' rl�rl^7`jlfOrf��li 9s o n m•.a aV+ r d�� Aff'l�� 1 ��,,yy r We would like to let you know that we have really improved the look of this entire property from the time we purchased it both on the inside and out. We are continuing to make improvements to make the outside of the home more appealing and we don't want anything on our property to be an eyesore to anyone. We take pride in our home and want it to look beautiful for not only ourselves but for people passing by. Thank you for your consideration. Michael Wood PROPOSED 60'X 35'METAL BUILDING ELEVATIONS V=W G �V V' 1, L E k D 6 V LEFT VIEW FRONT VIEW RIGHT VIEW (4 Pb�S W dtI 1'2I(IN r)r`w yr) m�rretes��e galo mnm� Im o. 35.0' IYt slel rod fr,ui,d REAR VIEW p�0 12�y1111 _ r III _ 1OCMO A(;RFS nro w _ ' SITE PLAN 8104 GREEN VALLEY DRIVE 1NEsroav /RIG NORTH RICHLAND HILLS,TEXAS u�t B EEN LEY 1 u.eo 8134 GkEN VALLEY DR U %ea As..—d PF:130.0 a LEGAL DESCRIPTION OF SURVEYED TRACT:All of Lot 2R,College cn 539 aA, — Acres Addition,an Addition to the City of North Richland Hills,Tarrant cn a°� W County,Texas according to the plat thereof recorded as Instrument No. of " D222201 3 6 9 of the Official Public Records of Tarrant County,Texas. } / r nillesulvlet ,w ' RDOOSED 60'X 98 MET AL FYUILDING PFF 9575 4� '=no o�onylnaivnnt MILLER ........... y Sr9 k,SS' 2 W 2 0 19y Symbol Legend } r r / '' S U R V E Y I N G, I N C .I - ( �,. . t' ❑Water Veult OWater Meter \\/ " / o Traffic/Park,S, II / Pio ess onal Prens on >� d o I d ut liry Line&Pole 1)/ I :( I (. .• ui"' /// I x x C't of Fece rod found/capped($RF/„$RF) 8504 C e t Re.180 uleyvlhTX76N4.817 577-105 2 Gm�el alrye 01/2"MILLEks665 steel rod set(.^.SkS) refill@ urvey.ne9.' N FEBRUARY 2,2022 Job No.22027•Plot File 22027 2R Site Plan ORDINANCE NO. 3779 SPECIAL USE PERMIT CASE ZC22-0044 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A PERMANENT ACCESSORY BUILDING TO BE LOCATED AT 8104 GREEN VALLEY DRIVE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas 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 Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for an accessory building for the purpose of varying from specific development standards on lots 40,000 square feet or greater in area; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for a permanent accessory building for the purpose of varying from specific development standards; and WHEREAS, the owner of the property located at 8104 Green Valley Drive (the "Property") has filed an application for a Special Use Permit for a permanent accessory building; and Ordinance No. 3779 ZC22-0044 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 2, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 27, 2023, with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a permanent accessory building on Lot 2R, Block 1, College Acres Addition, commonly referred to as 8104 Green Valley Drive, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as Ordinance No. 3779 ZC22-0044 Page 2 of 4 amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills 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 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 27th day of February, 2023. Ordinance No. 3779 ZC22-0044 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary / Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3779 ZC22-0044 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3779 - Page 1 of 1 Special Use Permit Case ZC22-0044 Lot 2R, Block 1,College Acres Addition 8104 Green Valley Drive, North Richland Hills,Texas Lot 2R, Block 1, College Acres Addition Being 1.0 acres of land described as Lot 2R, Block 1, College Acres Addition, as recorded as Instrument D222201369, Plat Records,Tarrant County,Texas. Exhibit B—Land Use and Development Regulations—Ordinance No. 3779— Page 1 of 1 Special Use Permit Case ZC22-0044 Lot 2R, Block 1,College Acres Addition 8104 Green Valley Drive, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R-1-S (Special Single-Family). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) permanent accessory building on the property. B. Permanent accessory building. The permanent accessory building must comply with Section 118-718(c) of the zoning ordinance and the standards described below. 1. The accessory building must not exceed two thousand one hundred (2,100) square feet in floor area. 2. The minimum roof pitch must be 3:12 on each side of the ridge. 3. The accessory building may exceed the square footage of the primary residence, subject to the maximum floor area required by this section. C. Parking of vehicles. A concrete driveway must be constructed that connects the building to the existing driveway on Green Valley Drive. D. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. Exhibit C-Site Plan Exhibits-Ordinance No.3779-Page 1 of 6 PROPOSED 60'X 35'METAL BUILDING ELEVATIONS 1"®20' u „. r ,�„ „T. L E Y 1 1„bT.r LEFT VIEW FRONT VIEW RIGHT VIEW � ,IP,'P4W a„i D,of F`Va"' coorret:�eh�e o .. onuere o nJ fount REARVIEW IIIIrr pp I� qry��F-gg I 1 /o II..�P III LAaa 1.0000 AC'kFS - ('4 0 S11 SITE PLAN `A 8104 GREEN VALLEY DRIVE ONE STusy NORTH RICHLAND HILLS,TEXAS BNICKR40EEESI LE y - In 2t C4 t;REEN VALLEV IF nc / LEGAL DESCRIPTION OF SURVEYED TRACT:All of Lot 2R,College Acres Addn7 a Addition to the City of North Richland Hills,Tarrant County Texas according to the plat thereof recorded as Instrument No Il�pa D2222 01 3 6 9 of the Official Public Records of Tarrant County Texas. rl II.L nilll\eF,U ey.net PROPOSED 60'X 35' It. o za• 4a eo \ METAL BUILDING / ^-eo'on atglwl vNn \ _ —41 0 -4'f MILLER °89,111h22 M1 2013118 bymbol Legend } J r _ ❑ I[ OW M rF/ rk \� Prf oesson lPrecision d—r . Uv . d Utility L Pale .� nter o(Fenc 9SO4 P-ha Llne Rd Sty 190 / r) Steel roe found/Dapped(SRF/GSRF] (nlleyvllie TX 76U34.91]-SU-1042 2 MILLERS 5steel rod ser ramie (::SRS) twdNer5UrrteY.roet <,I ',. DECEMBER 23,2022 Job No.22027•Plot File 22027 2R Site Plan Exhibit C-Site Plan Exhibits-Ordinance No.3779-Page 2 of 6 Cr � � a 0 0 0 5 m 3 am 3w oS3 — 0 0 0 oa WALL ELEVATION AT GRID 1 ory r nis enq v v 9s gip.,413g�s1 ap.'r� K Exhibit C-Site Plan Exhibits-Ordinance No.3779-Page 3 of 6 -4 al `v `v y o=p o �p o os� em WALL ELEVATION AT GRID 4 ary -h v N o O& AN✓ �3$5 3 6 e o �A�1 .v K Exhibit C-Site Plan Exhibits-Ordinance No.3779-Page 4 of 6 ® ® o v o ® ® ® ° Em o iza WALL ELEVATION AT GRID H O& ry ,rh y y A 6 a� Exhibit C-Site Plan Exhibits-Ordinance No.3779-Page 5 of 6 0 0 0 ME o 0 0 ego o a Jp l 1 0 - G P� WALL ELEVATION AT GRID A - Exhibit C-Site Plan Exhibits-Ordinance No.3779-Page 6 of 6 s _ s o ?oCD 0 o zQ m IiD - AV 611 ROOF PLAN N o O& $ y y b)�ll�y� �' MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 2, 2023 C.2 ZC22-0044 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MICHAEL WOOD FOR A SPECIAL USE PERMIT FOR A PERMANENT ACCESSORY BUILDING AT 8104 GREEN VALLEY DRIVE, BEING 1.0 ACRE DESCRIBED AS LOT 2R, BLOCK 1, COLLEGE ACRES ADDITION. DENIED Chair Welborn opened the public hearing and called for the applicant to present the request. Michael Wood, 8104 Green Valley Dr, North Richland Hills, presented the request. Ex-Officio Ross asked about the proposed uses for the workshop and if the adjacent lot was owned by a family member of the applicant. Mr. Wood stated that the workshop would be used as a hobby wood-working shop. Chair Welborn asked about the uses on adjacent lots. Chair Welborn asked about the existing gravel driveway. Commissioner Stamps and the applicant discussed the adjacent property and uses. Mr. Husband came forward and discussed the existing uses and access for the subject property and adjacent properties. Commissioner Stamps and Mr. Husband discussed the concrete paved driveway requirement and the requested exception. Commissioner Stamps and Mr. Husband discussed the requested roof pitch and the maximum allowed size of the accessory building. Commissioner Stamps and the applicant discussed the variances requested for the accessory building and property. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 2 Chair Welborn and the applicant discussed the driveway surface material and stated that paving the portion of the driveway between the street and fence would be an appropriate improvement. Commissioner Stamps and the applicant discussed the color of building. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. Commissioner Stamps and Mr. Husband discussed the parameters the Commission uses to consider special use permit requests and waivers of standards. Ex-Officio Ross and Mr. Husband discussed standards related to screening for accessory buildings. Commissioner Stamps and Mr. Husband discussed the use of the building as a garage. A motion was made by Vice Chair Luppy to approve ZC22-0044. The motion failed due to lack of a second. A MOTION WAS MADE BY COMMISSIONER STAMPS, SECONDED BY COMMISSIONER RISCKY TO DENY ZC22-0044. MOTION TO DENY CARRIED 4-1, WITH VICE CHAIR LUPPY OPPOSING. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 2 of 2 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: ZC22-0045, Ordinance No. 3780, Public hearing and consideration of a request from Randy Cheeks for a special use permit fora carport at 8213 Forrest Lane, being 1.96 acres described as Lot 13, Block 3, Woodbert Subdivision. PRESENTER: Clayton Comstock, Planning Director SUMMARY: Randy Cheeks is requesting a special use permit to authorize a carport on 1.96 acres located at 8213 Forrest Lane. GENERAL DESCRIPTION: The property under consideration is located at the north end of Forrest Lane, north of Starnes Road and west of Davis Boulevard. The lot is 1.943 acres in size, 359 feet wide, and approximately 236 feet deep. The property is developed with a single-family residence and one permanent accessory building located in the northeast portion of the site. The property is zoned R-2 (Single-Family Residential). City Council approved a special use permit for the original 960-square-foot accessory building on December 8, 2014 (Ordinance 3347). Following that approval, the owner made additions to the building that included a 663-square-foot secondary living unit and a covered parking area. The additions were constructed without a permit and discovered when Building Inspections was on-site conducting a swimming pool permit inspection. In 2021, the owner applied for a revised special use permit to allow the building as constructed. City Council approved the revised special use permit on April 21, 2021 (Ordinance 3549), allowing the secondary living unit to remain after all required permits, fees, and inspections had been completed and ordering that the structure be brought up to code. However, Ordinance 3549 did not allow the carport to remain. Mr. Cheeks paid a total of$3,822 for permits, fees and inspections which included charging double for the permit fees in accordance with City Ordinances as a penalty for constructing without the required permits. The accessory building was brought up to code, and the carport was removed from the property to comply with the approved SUP. The owner now proposes to reconstruct the carport on the site. Since the proposed design does not comply with the carport standards contained in the zoning ordinance, the owner is requesting a revised special use permit to allow the design as proposed. If the special use permit is approved, the owner must apply for a building permit for the construction. ,VOL W InEffumb "K NOKTH KICHLAND HILLS Carport Carport structures may be constructed on a residential lot, subject to certain development standards established by _ -718.(d) of the zoning ordinance. The standards .. !22tJ i"o"i'n.............1' 1'8...................................apply to carports attached to a house or other building as well as free-standing structures. For lots greater than 40,000 square feet in area, the zoning ordinance allows for consideration of a special use permit for varying from specific development standards. Since the carport is attached to the existing accessory building and is considered an addition to the building, proposals to modify the design standards may be authorized through approval of a special use permit. A comparison of the required standards and the requested modifications is described in the table below. NONE= Ma ximum W x1mum s 360 square feet e 830 square feet Vehicle parking surface e Gravel parking surface under • Parking surface must be concrete carport • Concrete driveway access to a public street must be provided e Gravel driveway access to existing concrete driveway Design criteria • Roof pitch must be at least 4:12 e Roof pitch at least 2:12 • Common metal posts not permitted. Must use architecturally e Common metal posts enhanced materials FM/'/l/�15 ........... ff ff 0 ."M SIDE VIEW OF EXISTING BULIDING VIEW OF BUILDING IN 2022(PRIOR TO REMOVAL OF CARPORT) "K NOKTH KICHLAND HILLS The attached special use permit exhibits include a written description of the request, survey of the property, carport drawings, and photographs of the building. The carport would be attached to the east side of the building and include a metal roof and steel columns. The carport is 830 square feet in area, being 20 feet wide and 41.5 feet long. The height of the carport is 14 feet at its tallest point. Carports must provide a concrete parking area and include a concrete driveway that connects to the street. The owner is requesting that a crushed concrete (gravel) driveway surface be allowed for the site. The Development Review Committee recommends that the driveway be constructed of concrete. LAND USE PLAN: This area is designated on the Land Use Plan as Low Density Residential. This designation promotes quality neighborhoods of conventional suburban single-family detached homes. General characteristics of these neighborhoods include a density of two to six dwelling units per acre and houses of one- and two-stories. CURRENT ZONING: The proposed zoning is R-2 (Single-Family Residential). This district is intended to provide areas for low density development of single-family detached dwelling units which are constructed at an approximate density of 4.0 units per acre. SURROUNDING ZONING ( LAND USE: NORTH R-3(Single-Family Residential) Low Density Residential Single-family residences WEST R-2(Single-Family Residential) Low Density Residential Single-family residence SOUTH PD(Planned Development) Low Density Residential Single-family residences EAST C-1(Commercial) Retail Commercial Religious assembly(Gateway Church) PLAT STATUS: The property is platted as Lot 13, Block 3, Woodbert Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission conducted a public hearing and considered this item at the February 2, 2023, meeting and voted 5-0 to recommend approval. DRC RECOMMENDATION: Deny Ordinance 3780 since the previous SUP approved by City Council on April 21, 2021 , (Ordinance No. 3549) did not allow the carport to remain. Should City Council approve Ordinance 3780, the Development Review Committee recommends the approval include a condition that a concrete parking surface under the carport and a concrete driveway connecting to the street be provided. ............... ............................. ............... ........................................................................................................................... ........................................ . ............................................ ....................................................................... ................................................ ...................... Uj ............................................ .................................................: ........................................ ............... ............... ............... 0 ILL .............. TIMBERHILL ......................... ............... ............................................ ..................................... ............................................ ............... .................................. .......... ............... ............... .............................................. ........... .................... ... .......... ............... .............. ............... ... ........... .................. S-VARNES ............... .................... Prepared by Planning 1/5/2023 N DISCLAIMER This product is for informational purposes and may not nr I IFeet have been prepared for or be suitable for legal,engineering,or surveying 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. I Mr t t �nulul� ral dW !a m � 6 i o� p k� it r Prepared by Planning 1/5/2023 N DISCLAIMER:This product is for informational purposes and may not nI IFeet have been prepared foror be suitable for legal,engineering,or surveying N 0 50 100 200 300 400 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. IqRH PUBLIC HEARING NOTICE NORTH KICHLAND HILLS CASE: ZC22-0045 -OWNER- -MAILINGADDRESS- -CITY—STATE- You are receiving this notice because you are a property owner of record within 200 feet of the property requesting a special use permit as shown on the attached map. APPLICANT Randy Cheeks LOCATION 8213 Forrest Lane REQUEST Public hearing and consideration of a request from Randy Cheeks for a special use permit for a carport at 8213 Forrest Lane, being 1.96 acres described as Lot 13, Block 3, Woodbert Subdivision. DESCRIPTION Construction of a 20 ft. by 40 ft. carport attached to existing permanent accessory building for storage of personal vehicles. PUBLIC HEARING DATES Planning and Zoning Commission 7:00 PM Thursday, February 2, 2023 City Council 7:00 PM Monday, February 27, 2023 MEETING LOCATION City Council Chamber-Third Floor 4301 City Point Drive North Richland Hills, Texas People interested in submitting letters of support or opposition are encouraged to contact the Planning & Zoning Department for additional information. Letters must be received by the close of the City Council public hearing. Because changes are made to requests during the public hearing process,you are encouraged to follow the request through to final action by City Council. Planning and Inspections Department 1 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com FOR MORE INFORMATION, VISIT NRHTX.COM/MAP _. ....................... ................ .................... TIIIMBIERIHIPL L z � i ......... �sl �..� 1 IRF w mu Z 'L�. II� I ...,. 1Cuf.1` a1.7 _ TwC}STORY 6RVCK.& ... ° FRAME'RESIDENCE 82113 FORREST LANE 2 ., LOT 13 BLOCK 3 t ~Iw ' 'WOODRERT ADDITION a ra¢kl F IIJL�.11V rMPPf7p7C I CGATICYN V3F ...,.. 1P0 YLAR 100.FILAUN LIN ,�.• a I I I., PE G RAPH IC SCALE �1II��IIIIIIIII IAAN�IUI'u r c.ntt lmnl�l<e:ta .._.,.�. VARIABLE Y1IIDTI I NOI I l)r~af) I':'.. DRAMA GE ASEMENT ° oNoow,::: Wait , Planning and Inspections Department 4301 City Point Drive - NRH, TX 76180 817-427-6300 1 www.nrhtx.com I planning@nrhtx.com NOTIFIED PROPERTY OWNERS ZC22-0045 BRUCE,DARRELL 8136 SAYERS LN NORTH RICHLAND HILLS,TX 76182 CHEEKS,DONALD R 8213 FORREST LN NORTH RICHLAND HILLS,TX 76182 CRESTWOOD ESTATES HOMEOWNER ASSOCIATION INC PO BOX 820202 NORTH RICHLAND HILLS,TX 76182 CURRY,DOUGLAS A 7469 TIMBERHILL DR NORTH RICHLAND HILLS,TX 76182 DIANE SANSONE PAINE TRUST 7420 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 ELLIS,JENNIFER 7432 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 GATEWAY CHURCH 500 S NOLEN DR STE 300 SOUTHLAKE,TX 76092 GILBREATH,HAROLD W 8212 SAYERS LN NORTH RICHLAND HILLS,TX 76182 HOLLY,CLINTON A 8124 SAYERS LN NORTH RICHLAND HILLS,TX 76182 JANETTE HARDY TRUST 7429 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 JOHNSON,MITCHELL W 8220 SAYERS LN NORTH RICHLAND HILLS,TX 76182 KING,ELDON W 7428 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 LOWE,DAVID O 7424 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 MARINANGEL,LISA 7432 FORREST LN NORTH RICHLAND HILLS,TX 76182 MILLER,CLARENCE 7468 TIMBERHILL DR NORTH RICHLAND HILLS,TX 76182 NOLTE,DINO 8206 SAYERS LN NORTH RICHLAND HILLS,TX 76182 NOMOTO,RYOICHI 5050 QUORUM DR STE 225 DALLAS,TX 75254 PHILLIPS,EUSTACIA 7428 FORREST LN NORTH RICHLAND HILLS,TX 76182 REYNOLDS,KAREN 8205 FORREST LN NORTH RICHLAND HILLS,TX 76182 REYNOLDS,TODD E 8201 FORREST LN NORTH RICHLAND HILLS,TX 76182 STALEY,BOB 8216 SAYERS LN NORTH RICHLAND HILLS,TX 76182 THACKER,THOMAS A 7424 FORREST LN NORTH RICHLAND HILLS,TX 76182 VUONG,NHAN T 7425 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 WALLING,BARRY 7433 PARK PLACE DR NORTH RICHLAND HILLS,TX 76182 WESTROM&WALLING DEVELOPERS 6821 BAKER BLVD STE B RICHLAND HILLS,TX 76118 WRIGHT,STEVEN 8128 SAYERS LN NORTH RICHLAND HILLS,TX 76182 O .............................. .............................. ................ ..... ................................................................................................................ ............. ............... ............... ............... ............... ................. ............... ............... ........... U) .................................. LU ............................................................. .......... TIMBERHILL LL IllNrr ............... ............... ............... ............................................................................................. m .............. 100 nnnn Prepared by Planning 1/5/2023 DISCLAIMER This product Is for informational purposes and may not nI IFeet have been prepared for or be suitable for legal,engineering,orsurveyIng 0 40 80 160 240 320 purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. To whom it may concern: 11/30/22 SUP request for Donald Cheeks 8213 Forrest Lane, North Richland Hills, Tx 76182 1 am requesting the following items to be waived through the SUP process to rebuild my 20X40 carport that was installed without permits and subsequently removed to comply with zoning code and City Council's latest decision on your SUP. After further consideration of the allowances provided by the SUP process and the need to protect my personal property and investment from the elements, I am seeking reconsideration of the carport portion of this accessory building. 1. TAD shows my home to be 2,873 square feet and my lot 1.943 acres. This means that the maximum permanent accessory building I can have by-right (without Council approval) is 2,115 square feet, or 2.5%. 1 currently have the accessory dwelling unit (663 square feet) and the original accessory building (960 square feet) totaling 1,623 square feet. The carport I am requesting to put back up is 20 feet x 40 feet, or 800 square feet. Another provision is that permanent accessory buildings may not exceed the floor area of the primary residence. The total square foot of these buildings equals 2,423 square feet which falls below the 2,873 square feet of my home. 2. 1 would like the roof of the carport to be a 2/12 pitch vs a 4/12 pitch, the way the carport is being built it will have a 36-inch drop in a 20-foot run which will not appear to be flat. It will be more aesthetically appealing to blend in with my current accessory building. 3. 1 am requesting to not install concrete from the carport to connect to my drive (320 feet away). I currently have a crushed concrete drive to this carport. I use this RV 3-4 times a year therefore I am not using this as a routine driveway. This carport and drive can not be seen unless you are on my property. ORDINANCE NO. 3780 SPECIAL USE PERMIT CASE ZC22-0045 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A CARORT TO BE LOCATED AT 8213 FORREST LANE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located in Tarrant County, Texas 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 Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council has previously passed an ordinance adopting a Comprehensive Land Use Plan Map as the primary document on which to base all zoning, platting, and other land use decisions; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for an accessory building for the purpose of varying from specific development standards on lots 40,000 square feet or greater in area; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for a carport for the purpose of varying from specific development standards; and WHEREAS, the owner of the property located at 8213 Forrest Lane (the "Property") has filed an application for a Special Use Permit for a carport attached to a permanent accessory building; and Ordinance No. 3780 ZC22-0045 Page 1 of 4 WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on February 2, 2023, and the City Council of the City of North Richland Hills, Texas, held a public hearing on February 27, 2023, with respect to the Special Use Permit described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by approving a special use permit to authorize a carport attached to a permanent accessory building on Lot 13, Block 3, Woodbert Addition, commonly referred to as 8213 Forrest Lane, as described and shown on Exhibit "A," attached hereto and incorporated for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the Land Use and Development Regulations, set forth in Exhibit "B," and the Site Plan Exhibits, set forth in Exhibit "C," both of which are attached hereto and incorporated for all purposes. Section 3: That the official map of the City of North Richland Hills is amended and the Planning Director is directed to revise the official zoning map to reflect the approved special use permit, as set forth above. Section 4: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as Ordinance No. 3780 ZC22-0045 Page 2 of 4 amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the Zoning Ordinance and the zoning map of the City of North Richland Hills 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 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 10: This ordinance shall be in full force and effect immediately following publication as required by Section 9 hereof. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 27th day of February, 2023. Ordinance No. 3780 ZC22-0045 Page 3 of 4 CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary / Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPROVED AS TO CONTENT: Clayton Comstock, Planning Director Ordinance No. 3780 ZC22-0045 Page 4 of 4 Exhibit A—Property Description—Ordinance No. 3780 - Page 1 of 1 Special Use Permit Case ZC22-0045 Lot 13, Block 3,Woodbert Addition 8213 Forrest Lane, North Richland Hills,Texas Lot 13, Block 3,Woodbert Addition Being 1.943 acres of land described as Lot 13, Block 3, Woodbert Addition, as recorded as Instrument D213194979, Plat Records,Tarrant County,Texas. - r, VOL,yDYY h G 40l k GL.9 WOQ&Y—T BADE ITli 11 11 T L T.I^�rv1YJ "� 1wP35f Vb �HklE.nh x .v� FIiA,MIF HF.SI YE 4fl IBM P'+J%HFSC lM114F � -':• �.�'i / , t ,a \ 1� for 1.4kolt1 r 1 s t �, wevuausr AL➢Ul n(lN .�` Ohl rn,v� i_, ©l `+` sl-, .911ur-�a3� nNlnl9 ivxlVri�� a N,H,'I',C 8 FORREST, / LANE {r=owFst IANIr.f"EF Ill Ali � '.• i:�limin,I a,lm rv•. v y , w, I LGGCNII � � � ..i 5 u, •`® 1. �n VfYt V l4PC;T.G.94 CAE SLIOLIAJJ.4 � �r .14 11 ltl lrfi1� PYi .C.P, 8215 FORREST LANE CITY OF NORTH RICHLAND HILLS TARRANT COUNTY,TEXAS .era.zaaraeaknr r x 13JRRpWLF: p � '' r �cwu.r x �unw DONA,LItJR(HIFEK9, F"'I"HJOMu afwuGto P 4 IFI.Al oars.ewna,aazo a v." t x�r...a.F.-., ow ..:M•,H. .... FlE4.C1:'M.V I FIELD UArE: Exhibit B—Land Use and Development Regulations—Ordinance No. 3780— Page 1 of 1 Special Use Permit Case ZC22-0045 Lot 13, Block 3,Woodbert Addition 8213 Forrest Lane, North Richland Hills,Texas This Special Use Permit (SUP) shall adhere to all the conditions of the North Richland Hills Code of Ordinances, as amended, and the base zoning district of R-2 (Single-Family Residential). The following regulations shall be specific to this Special Use Permit. Where these regulations conflict with or overlap another ordinance, easement, covenant or deed restriction, the more stringent restriction shall prevail. A. Permitted use. A special use permit is authorized for one (1) carport attached to a permanent accessory building on the property. B. Carport. The carport must comply with the standards described below. 1. The building must be located as shown on the special use permit exhibits attached as Exhibit "C." 2. The carport must not exceed eight hundred thirty(830) square feet in area. 3. The roof of the carport must be constructed with a minimum 2:12 roof pitch. C. Parking of vehicles. The parking surface under the carport and the driveway surface connecting to the existing driveway may be constructed of gravel road base. D. Completion of improvements. All carport, parking, and driveway improvements must be completed within one hundred eighty (180) days of the effective date of this ordinance. E. Amendments to Approved Special Use Permits. An amendment or revision to the special use permit will be processed in the same manner as the original approval. The application for an amendment or revision must include all land described in the original ordinance that approved the special use permit. Exhibit C-Site Plan Exhibits-Ordinance No.3780-Page 1 of 3 WOODBERT ADDITION WOODBERT ADDITION T1NEAaR ENICYI.pe1a IA.1>ao,OO.P RT.— 1eI VOL.388.115,PG.43 VOL.388-K,PG.89 WOODBERT ADDITION .Rr,N, H PROPERry I2 AFFECTED DY THEF uO1avNO. e °' P.R.T.C.T. m d P.R.T.C.T. CAB.A,SLIDE11496 (,o�1-AGREEMENT"„E.NO.ozlazlzl IF O.v.R.T.'T. 1m IRE PEARP M DID o P.R.T.C.T. N Tc n'E a.s P aumauE e,,.i..�.w loos TWO STORY BRICK 8 FRAME RESIDENCE Z r 5 8213 FORREST LANE scaeEl=�a w a H.s. LOT 13,BLOCK 3 LOT 12 (N9 WOODBERT ADDITION Mrw 10EAGENENTE N a' e. 15 SANITAR = EASEMENTENT BE GO O O CREST\MOOD ESTATES " CAB.A.SLIDE 12352 VARIABLEVARTH w Z 6 P.R.T.C.T. EMERGENCY ACCESS r O EASEMENTAR q $ GRAPHIC SCALE LOAD PLAIN LIN � ;ErEA FORREST ;. LANE 50 DRAINAGE F,oF, DNE.xrca EASEMENT 2ONE'AE" (FOREST LANE PER PLAT) r„ry DRAINIAGE ASEMENT (50'R.O.W.) px1 L, OR LEGEND 1 N&e 21 ADo m 66.61 e VARIABLE A PERVANENT T CRESTVJOOD ESTATES n ENT LRITNILINIDRAINAGE S E VOL.388-101 PG.54 GRESTWOOD ESTATES r DRAINAGE& /OL 0905 G a P,q,T R.T.C.T. CAB.A.SLIDE 12420 �I �PE UTILITY E ASEMENT D.R.T.GT' P.R.T.C.T. VOL.124]2,PG.2]1 (PER PLAT) - PER PLAT) raceme lorv..Ervr Ass OF DEARNO OI IITI PRIIIDEI IN THE RECOROE 8213 FORREST LANE L;"„ 1,2 O NIE 1-1 CITY OF NORTH RICHLAND -FRA NFORTHEE>IwRNE III IF THE NAMED ELIENT,DIRT—EIINPANY TITLE HILLS PIFTF HAD I°RUDOFTARRANTIOUNr UEPURDUANTTOTHATONEIERT IN TITLE IOMMITMENT UNDER THE TARRANT COUNTY,TEXAS ALL I—FINT' THE , LE BEr...AND""'ETNG oOrr EN" ALL SICH rEM51AEnEoeTANEOOIn rar,rHE REaecrs arauE urvo�oRREcr REVRESErvrararvTHE UP A',or rnE I. ornErvs ARDcrvs AND cuus oEvvovERrvervEs III of EE f �+.,,... TITHE NP��TSTt-Rf v GF#:2002968-SKDF TRITONS ON OR NIA :p BORROWER: r", .f-7EER THE Ns0`11FEARFROIFED ITE TH ATHE Tx EE useo FORCONSTRucnON vuRPODE EA - •••••••.•..........•.• NIIN lAll III NITED N. TH" INI DONALD R.CHEEKS eccatNAN saNS Hro He aNS NtF aNNe o Ht HtooHoeo Nea.,tHtHeNc eHtHtory .:.Po a9ea�r p PREMIER JOB k:20-00640 .Y` 'ROUND E"1ENE UT""ES ADD OTHER ' RENT'"AY I T'HAT ARE PIT IT"S LELI I N-E +.ya`.gssQ9EAa TECH:AV DATE:02iO4/2020 urO„ FIELD:MJ FIELD DATE:02/03/2020 „� ... Ta Don EANO 11-Hn.E HEEN Mrn EO EROS THE NA. cv,orvo Hasa Exhibit C-Site Plan Exhibits-Ordinance No.3780-Page 2 of 3 C8X10 5 (TY 1.I LOPE C8X10.5 (TYP) EXISTING 04 EXISTING 04 COLUMN, TYP, COLUMN, TYP, EXISTING 8" SLOPING PEE°F_>E DIA FOOTING, GROUND TYP. � ✓� DEEPAK JINKA ,A 14934••••,�•� FRONT ELEVATION ( '... 12/03/2021 112„ _ 1—U„ TRUSS CONSULTING ENGINEERS, LLC CARPORT TX FIRM REGISTRATION S F-18627 ROANOKE, TX PROJECT 21160 DATE: DRAWN BY: REVIEWED BY: SHEET: PH:682-237-9134 12/03/2D21 AR JK S1.2 Exhibit C-Site Plan Exhibits-Ordinance No.3780-Page 3 of 3 ev D� 12�� N,)"�X�No ko� MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE FEBRUARY 2, 2023 C.3 ZC22-0045 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RANDY CHEEKS FOR A SPECIAL USE PERMIT FOR A CARPORT AT 8213 FORREST LANE, BEING 1.96 ACRES DESCRIBED AS LOT 13, BLOCK 3, WOODBERT SUBDIVISION. APPROVED Chair Welborn opened the public hearing and called for the applicant to present the request. Randy Cheeks, 8213 Forrest Lane, North Richland Hills, Texas, presented the request. Chair Welborn and the applicant discussed the dimensions of the carport. Ex-Officio Ross and the applicant discussed the concrete paved access requirement. Commissioner Stamps and Mr. Comstock discussed the roof pitch standards. Chair Welborn called for anyone wishing to speak for or against the request to come forward. There being no one else wishing to speak, Chair Welborn closed the public hearing. A MOTION WAS MADE BY COMMISSIONER RISCKY, SECONDED BY COMMISSIONER STAMPS TO APPROVE ZC22-0045. MOTION TO APPROVE CARRIED 5-0. February 02, 2023 Planning and Zoning Commission Meeting Minutes Page 1 of 1 "K NOKTH KICHLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: ZC23-0050, Ordinance No. 3778, Public hearing and consideration of a request from Rick Figueroa for a special development plan for a transitional parking lot at 6412 Davis Boulevard, being 6.93 acres described as Tracts 2A2, 2A2F, 2C1, 2C1D, and 2C1D1, John H. Barlough Survey, Abstract 130. (APPLICANT REQUESTS TO POSTPONE REQUEST TO THE MARCH 6, 2023, CITY COUNCIL MEETING) PRESENTER: Clayton Comstock, Planning Director SUMMARY: The applicant has requested to postpone consideration of this request to the March 6, 2023, City Council meeting. RECOMMENDATION: Open the public hearing and continue the hearing to the March 6, 2023, City Council meeting. IrLp NOKTH KICHLAN HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Approve purchase agreements with Badger Meter Inc., as manufacturer, and Atlas Utility Supply Company, as distributor, for the purchase of water meters and water metering equipment in an amount up to $4,800,000 as sole source purchases. PRESENTER: Boe Blankenship, Assistant Director of Public Works SUMMARY: Staff is requesting City Council authorization to purchase Badger water meters and water metering equipment from Badger Meter Inc., and Atlas Utility Supply Company, as the manufacturer and sole source distributor located in Fort Worth, for an amount not to exceed $4,800,000. GENERAL DESCRIPTION: Since 1992, the City has purchased Badger water meters and water meter reading units. There are approximately 23,000 Badger units throughout the city. Among the thousands of water accounts/connections throughout the city, there are several different configurations of meters and reading equipment in use. In some cases, the meter and register/encoder are built together as a single component. In other cases, the meter and register/encoder are connected upon installation in the field but can be separated. The benefit of the second setup is that encoders can be replaced without disrupting water flow to the customer. Currently, there are two types of end points in use. Most of the city's endpoints utilized today transmit data from the encoder to the city's truck-mounted reading equipment that need to be within a certain distance from each other to communicate, described as the "drive-by" reading method. The second type of endpoint currently in use is the LTE or "cellular" style endpoint that requires only cellular connectivity to communicate the water meter reading to Badger's proprietary network. With either type, once the meters are read, the data is then transferred to a central computer using Badger's proprietary software, Beacon. Furthermore, along with the different meter configurations and the endpoint technology variations, there is also a wide range of equipment age. Some of the meter reading infrastructure is beginning to reach the end of its functional life span and requires replacement while other equipment's technology is beginning to be outdated and cause logistical challenges. IrLp NOKTH KICHLAN HILLS This project is intended to unify and replace aging water meter reading equipment by purchasing a system-wide equipment style for each of the approximate 23,000 connections. This would include the model HRE brass style meter and encoder as well as the LTE or "cellular" style endpoint. Due to the size and volume of this purchase, the manufacturer and the distributer will be cooperatively filling the order. Badger Meter Inc., as manufacturer, has designated exclusive territories for distribution of their products. Atlas Utility Supply is the only authorized distributor for the territory covering North Richland Hills. Therefore, the City will be purchasing a portion of the products directly from the manufacturer and a portion from Atlas Utility Supply. Atlas has always provided good service, met all specifications and made deliveries on time. With regards to the timeline, an order placed in early March would allow materials to begin arriving in June and continue monthly until the order quantity has been satisfied. For clarification purposes, this item is only pertaining to the purchase of the water meters and water metering equipment. Public Works and Finance staff are working through the process to create a logical installation plan, as well as bringing on a qualified contractor to perform the majority of the equipment installation. Attached is the sole source letter and sole source purchasing prices for the Badger water meter reading units from Badger Meter Inc., and Atlas Utility Supply Company. Funding for this purchase is available in the FY 2022/2023 Adopted Budget within the Cellular Meter Reading Project (UT2304). RECOMMENDATION: Approve purchase agreements with Badger Meter Inc., as manufacturer, and Atlas Utility Supply Company, as distributor, for the purchase of water meters and water metering equipment in an amount up to $4,800,000 as sole source purchases. fir Domestic Quotation BadgeQuotation No. 3429460 Badger Meter Inc. 4545 W Brown Deer Road Milwaukee WI 53223 PO Box 245036 Milwaukee WI53224-9536 Revised Date To Customer ID 00420632 CITY OF NORTH RICHLAND HILLS P O BOX 820609 N RICHLAND HILLS Texas 761820609 Effective Dates 11-17-2022-02-17-2023 Salesperson Proposal Subject Shipping Terms/INCO Terms Payment Terms 005374 KEVIN DAVIS Option 2 PREPAY/NO CHARGE NET 30 DAYS FCA FACTORY Line# Description Qty Unit Net Price Line Totals USD USD 1 7249 80.50 583,544.50 BMI Part No.: 101-4106 Cat String: DS-BAB-PB1P-XXD3-Y2-M1CA-2B1X1-8BE-NN-XX-TF-XX- BOA Description: Disc, M25 5/8"(3/4x7-1/2), Brz Btm 430SS-1, PL, (TS-135, SN Yr 9D& PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Sidewalk read, 8D-0.1 Gal, SN YR 9D in&out, TT-5', BMI STD, 6 PACK, 2 735 185.70 136,489.50 BMI Part No.: 100-7223 Cat String: DS-JCA-PB1P-XXD3-Y2-M1CA-2131X1-8BE-NN-XX-TF-XX- BOA Description: Disc, M55 1"(10-3/4), Brz Btm 430SS-1, PL, (TS-135, SN Yr 9D& PBB, HR-E,4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Sidewalk read, 8D-0.1 Gal, SN YR 9D in&out, TT-5', BMI STD, 4 PACK, 3 6 377.40 2,264.40 BMI Part No.: 101-5347 Cat String: DS-NDB-PFAS-XXD3-Y2-M1CA-2B1X1-8CE-NN-XX-TF-XX- BOA Description: Disc, M120 1-1/2"-ELL Dr w/TP, 430SS, SS, (TS-135, SN Yr 9D& PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Sidewalk read, 8D-1 Gal, SN YR 9D in&out, TT-5', BMI STD, 1 PACK, 4 129 539.70 69,621.30 BMI Part No.: 101-5382 Cat String: DS-REB-PFAS-XXD3-Y2-M1CA-2B1X1-8CE-NN-XX-TF-XX- BOA Description: Disc, M170 2"-ELL Dr w/TP, 430SS, SS, (TS-135, SN Yr 9D&PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY,Trx Scrw, Sidewalk read, 8D-1 Gal, SN YR 9D in&out, TT-5', BMI STD, 1 PACK, Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 1 of 3 fir Domestic Quotation BadgeQuotation No. 3429460 Line# Description Qty Unit Net Price Line Totals USD USD 5 12029 81.25 977,356.25 BMI Part No.: 103-6671 Cat String: E4-4E-AM-AG-TAAA-BOA Description: EP Only, For Enc, ORION CELL C,Thru Ld Instl Kit,TT-8in, Grnd/Ocean- Pause, BMI STD, 6 3910 46.98 183,691.80 BMI Part No.: 100-6394 Cat String: R4-BA1-M1CA-2131-8BE-NN-XX-TF-XX-BOA Description: REG 4, M25, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, 8D-0.1 Gal, SN YR 9D in&out, TT-5', BMI STD, 7 144348 0.470 67,843.56 BMI Part No.: 68886-104 Customer Part: Year 1 Description: ORION CELLULAR LTE SERV UNIT 8 144348 0.470 67,843.56 BMI Part No.: 68886-104 Customer Part: Year 2 Description: ORION CELLULAR LTE SERV UNIT 9 144348 0.470 67,843.56 BMI Part No.: 68886-104 Customer Part: Year 3 Description: ORION CELLULAR LTE SERV UNIT 10 144348 0.470 67,843.56 BMI Part No.: 68886-104 Customer Part: Year 4 Description: ORION CELLULAR LTE SERV UNIT 11 144348 0.510 73,617.48 BMI Part No.: 68886-104 Customer Part: Year 5 Description: ORION CELLULAR LTE SERV UNIT 12 144348 0.540 77,947.92 BMI Part No.: 68886-104 Customer Part: Year 6 Description: ORION CELLULAR LTE SERV UNIT 13 144348 0.570 82,278.36 BMI Part No.: 68886-104 Customer Part: year 7 Description: ORION CELLULAR LTE SERV UNIT 14 144348 0.600 86,608.80 BMI Part No.: 68886-104 Customer Part: Year 8 Description: ORION CELLULAR LTE SERV UNIT Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site: https://www.badg2rmeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 2of3 fir Domestic Quotation BadgeQuotation No. 3429460 Line# Description Qty Unit Net Price Line Totals USD USD 15 144348 0.620 89,495.76 BMI Part No.: 68886-104 Customer Part: Year 9 Description: ORION CELLULAR LTE SERV UNIT 16 144348 0.650 93,826.20 BMI Part No.: 68886-104 Customer Part: Year 10 Description: ORION CELLULAR LTE SERV UNIT Subtotal-USD 2,728,116.51 Estimated Freight Charges 0.00 Tax 0.00 Total Price-USD 2,728,116.51 Notes and Assumptions If awarded prior to the expiration date, hardware prices will be held for 12 months. Subject to a 4% price increase in years 2 and 3 Subject to application review of data sheet. Actual lead time to be provided at time of order. If you would like to place an order, please contact us at Utilityorders2@badgermeter.com or by calling 1-800-876-3837. Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site: https://www.badg2rmeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 3 of 3 fir Domestic Quotation BadgeQuotation No. 3429458 Badger Meter Inc. 4545 W Brown Deer Road Milwaukee WI 53223 PO Box 245036 Milwaukee WI53224-9536 Revised Date To Customer ID 00420632 CITY OF NORTH RICHLAND HILLS P O BOX 820609 N RICHLAND HILLS Texas 761820609 Effective Dates 11-15-2022-02-17-2023 Salesperson Proposal Subject Shipping Terms/INCO Terms Payment Terms 007723 Option 3 PREPAY/NO CHARGE NET 30 DAYS FCA FACTORY Line# Description Qty Unit Net Price Line Totals USD USD 1 12348 101.50 1,253,322.00 BMI Part No.: 101-4106 Cat String: DS-BAB-PB1P-XXD3-Y2-M1CA-2B1X1-8BE-NN-XX-TF-XX- BOA Description: Disc, M25 5/8"(3/4x7-1/2), Brz Btm 430SS-1, PL, (TS-135, SN Yr 9D& PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Sidewalk read, 8D-0.1 Gal, SN YR 9D in&out, TT-5', BMI STD, 6 PACK, 2 698 185.70 129,618.60 BMI Part No.: 100-7223 Cat String: DS-JCA-PB1P-XXD3-Y2-M1CA-2131X1-8BE-NN-XX-TF-XX- BOA Description: Disc, M55 1"(10-3/4), Brz Btm 430SS-1, PL, (TS-135, SN Yr 9D& PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Sidewalk read, 8D-0.1 Gal, SN YR 9D in&out, TT-5', BMI STD, 4 PACK, 3 72 377.40 27,172.80 BMI Part No.: 101-5347 Cat String: DS-NDB-PFAS-XXD3-Y2-M1CA-2B1X1-8CE-NN-XX-TF-XX- BOA Description: Disc, M120 1-1/2"-ELL Dr w/TP, 430SS, SS, (TS-135, SN Yr 9D& PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY, Trx Scrw, Sidewalk read, 8D-1 Gal, SN YR 9D in&out, TT-5', BMI STD, 1 PACK, 4 754 539.70 406,933.80 BMI Part No.: 101-5382 Cat String: DS-REB-PFAS-XXD3-Y2-M1CA-2B1X1-8CE-NN-XX-TF-XX- BOA Description: Disc, M170 2"-ELL Dr w/TP, 430SS, SS, (TS-135, SN Yr 9D&PBB, HR-E, 4CXN2 ORION, PL Lid/Shrd-GRY,Trx Scrw, Sidewalk read, 8D-1 Gal, SN YR 9D in&out, TT-5', BMI STD, 1 PACK, Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 1 of 3 fir Domestic Quotation BadgeQuotation No. 3429458 Line# Description Qty Unit Net Price Line Totals USD USD 5 13872 94.25 1,307,436.00 BMI Part No.: 103-6671 Cat String: E4-4E-AM-AG-TAAA-B0A Description: EP Only, For Enc, ORION CELL C,Thru Ld Instl Kit,TT-8in, Grnd/Ocean- Pause, BMI STD, 6 310812 0.470 146,081.64 BMI Part No.: 68886-104 Customer Part: Year 1 Description: ORION CELLULAR LTE SERV UNIT 7 310812 0.470 146,081.64 BMI Part No.: 68886-104 Customer Part: Year 2 Description: ORION CELLULAR LTE SERV UNIT 8 310812 0.470 146,081.64 BMI Part No.: 68886-104 Customer Part: Year 3 Description: ORION CELLULAR LTE SERV UNIT 9 310812 0.470 146,081.64 BMI Part No.: 68886-104 Customer Part: Year 4 Description: ORION CELLULAR LTE SERV UNIT 10 310812 0.510 158,514.12 BMI Part No.: 68886-104 Customer Part: Year 5 Description: ORION CELLULAR LTE SERV UNIT 11 310812 0.540 167,838.48 BMI Part No.: 68886-104 Customer Part: Year 6 Description: ORION CELLULAR LTE SERV UNIT 12 310812 0.570 177,162.84 BMI Part No.: 68886-104 Customer Part: Year 7 Description: ORION CELLULAR LTE SERV UNIT 13 310812 0.580 180,270.96 BMI Part No.: 68886-104 Customer Part: Year 8 Description: ORION CELLULAR LTE SERV UNIT 14 310812 0.580 180,270.96 BMI Part No.: 68886-104 Customer Part: Year 9 Description: ORION CELLULAR LTE SERV UNIT Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site: https://www.badg2rmeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 2of3 fir Domestic Quotation BadgeQuotation No. 3429458 Line# Description Qty Unit Net Price Line Totals USD USD 15 310812 0.590 183,379.08 BMI Part No.: 68886-104 Customer Part: Year 10 Description: ORION CELLULAR LTE SERV UNIT Subtotal-USD 4,756,246.20 Estimated Freight Charges 0.00 Tax 0.00 Total Price-USD 4,756,246.20 Notes and Assumptions Upon award prior to the expiration date, prices will be held for 12 months, subject to a 4% price increase in years 2 and 3 Subject to application review of data sheet. Actual lead time to be provided at time of order. If you would like to place an order, please contact us at Utilityorders2@badgermeter.com or by calling 1-800-876-3837. Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site: https://www.badg2rmeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions Page 3 of 3 ATLAS UTILITY SUPPLY COMPANY 2301 CARSON STREET PRICE QUOTE FORT WORTH,TEXAS 761 17- 212 817.831.4275 rAx 817.831.1014 EMAIL:SALESOATLASUTILITY.COM Page 1 Printed 01/16/23 DKJ Quoted Ship To CITY OF NO.RICHLAND HILLS CITY OF NO.RICHLAND HILLS EMAIL INVOICE EMAIL INVOICE P O BOX 820609 P O BOX 820609 N. RICHLAND HILLS TX 76182 N. RICHLAND HILLS TX 76182 Buyer: KENNETH GARVIN Te1 : 817-427-6445 Fax: 817-427-6444 Quote# Quote Date Exp Date Customer# Customer PID# Ship Via Writer Q006311 01/16/2023 02/15/2023 0001431 JENCODER CHANGE TWILL CALL 1DKJ Job ID Customer Terms Salesman NET 30 DAYS Std DENNIS JOHNSON JR ...................................................................................................................................................................................................................................................................................................... x. ....:....:...... .......::.::::::::::::::::::::::::::::::::::::.:...................:::::.:::...::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.....:..::::.::..::::::::::::.::::.:....::::..::.::::::.................... ...:..........:...::..::::::::::. o1EGt......................................4�.cx. ..........>r....<................................................................................LTII....... Etc'....>r.... ........ ...............Ge..............>r43....cx....c ..... Q................................................................................................. BMPM120 CRAM AS BADGER M-120 CHAMBER ASSEMBLY EA 72 211 . 10 15199 . 20 #33334-017 BMM120 HRECF TW BADGER M120 1 . 5" 8—DIAL HRE EA 72 75 . 60 5443 . 20 *CUBIC FEET* WITH 10 ' TWIST TIGHT CONNECTOR BMM170 HRECF TW BADGER M170 2" 8—DIAL HRE EA 714 75 . 60 53978 . 40 *CUBIC FEET* WITH 5 ' TWIST TIGHT CONNECTOR BMPM170 CRAM AS BADGER M-170 CHAMBER ASSEMBLY EA 714 225 . 70 161149 . 80 33334-028 BM3T450 HRECF T BADGER 3" TURBO T450 HRE ONLY, EA 14 75 . 60 1058 . 40 *CUBIC FEET* W/ 10 ' WIRE LEAD AND TWIST TIGHT CONNECTOR BM4T1000 HRECF BADGER 4" TURBO T1000 HRE EA 41 75 . 60 3099 . 60 ONLY, *CUBIC FEET* W/ 10 ' WIRE LEAD AND TWIST TIGHT CONNECTOR BM6T2000 HRECF BADGER 6" TURBO T2000 HRE EA 8 75 . 60 604 . 80 ONLY, *CUBIC FEET* W/ 10 ' WIRE LEAD AND TWIST TIGHT CONNECTOR BM8T3500 HRECF BADGER 8" TURBO T3500 HRE EA 3 75 . 60 226 . 80 ONLY, *CUBIC FEET* W/ 10 ' WIRE LEAD AND TWIST TIGHT CONNECTOR Sub Total $240, 760 . 20 Freight $0 . 00 T o t a l X: Misc Charges $0 . 00 (Accepted by) Tax Amount $0 . 00 240, 760 .20 MESSAGE TERMS 4445\N ijlvavvrr Deer OCr:rn:d Badger Meter F1 o 245036 Wwauukee,Mscc."u8'sin 5-12 4 9"5-36 4"kl 3'5'5 0^400�800 876 38:'7 tfClfV'%N,�.l r%4,�.a k^'II'II II 80.;'f V'B",u t,H II tt7 February 6, 2023 Kenneth Garvin North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 RE: Sole Source Letter Dear Mr. Garvin: This letter will confirm that Badger Meter is the sole source of all Recordall® meters, E-Series® Ultrasonic meters, ORION@ endpoints, and HR-E® encoders, for the City of North Richland Hills. In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 or by email at Sincerely, BADGER METER INC. Matt B. Gieseke Assistant Secretary and Proposal Lead 4445\N ijlvavvrr Deer OCr:rn:d Badger Meter F1 o 245036 Wwauukee,Mscc."u8'sin 5-12 4 9"5-36 4"kl 3'5'5 0^400�800 876 38:'7 tfClfV'%N,�.l r%4,�.a k^'II'II II 80.;'f V'B",u t,H II tt7 February 6, 2023 Kenneth Garvin North Richland Hills P.O. Box 820609 North Richland Hills, TX 76182 RE: Sole Source Letter Dear Mr. Garvin: This correspondence confirms that Atlas Utility Supply Company is the sole authorized distributor of all Recordall@ meters, E-Series@ Ultrasonic meters, ORION@ endpoints, and HR- EO encoders for the City of North Richland Hills. In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 or by email at Sincerely, BADGER METER INC. 4 Matt B. Gieseke Assistant Secretary and Proposal Lead CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-983301 Badger Meter, Inc. Milwaukee,WI United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/14/2023 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Recordall®meters, HR-ET)encoders, ORION®endpoints Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is C V3't'l3 D. D41i.t'y and my date of birth is 1 1 7 . My address is 1515 W u ll'oVq n Deer Rd, Mlllwa4:11 cc, W, 53223, US& (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Arapahoe County, State of Colt)ira o, on the '1" 't"h day of ebiru IPy 2021 t (month) (year) l Signature of authorized ag t o contracting business entity (Declar Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0 "I r*4 R NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: February 27, 2023 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each City Council meeting a member of the governing body announces upcoming events and recognizes an employee who exemplifies our core values. Announcements: New York Times best selling author C.J. Box will be speaking at the NRH Library this Tuesday, Feb. 28 to celebrate the release of his new book, Storm Watch. This free event will begin at 1 p.m. in The Maker Spot on the 2nd floor of the Library. Please visit the library website for more details. NRH Parks & Recreation and the Fort Worth Mountain Bike Association are hosting an Open Trail Ride at the Fossil Creek Mountain Bike Trails on Saturday, March 4 from 10 a.m. to 1 p.m. Riders of all ages are welcome to attend. Please visit the city's website for more information. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Julie Adkins and Jennifer Mills at the Senior Center — The senior center received a hand-written note of appreciation for the staff. It said: "Your hospitality, cheerfulness, kindness and caring are what makes the center a place where seniors feel welcome and safe. Thank you so much for all you do for the seniors of this community! You are a true blessing to us all."