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Home My WebLink AboutCC 2004-05-24 Agendas CITY OF NORTH RICHLAND HILLS PRE-COUNCIL AGENDA MAY 24,2004 - 6:00 P.M. For the Meeting conducted at the North Richland Hills City Hall - Pre-Council Chambers 7301 Northeast Loop 820. NUMBER ITEM ACTION TAKEN 1. Discuss Items from Regular May 24, 2004 City Council Meeting (5 Minutes) 2. I R 2004-050 Review Franchise Renewal Process (10 Minutes) Discuss Possible Dates for Discussion on Health Insurance 3. I R 2004-051 and Mid-Year Budqet Worksession (5 Minutes) 14. I R 2004-049 Legislative Update (5 Minutes) 15. Discuss Option for Calling Election for Senior and Disabled IR 2004-054 Tax Freeze (15 Minutes) 6. Adjournment *Closed due to subject matter as provided by the Open Meetings Law. If any action is contemplated, it will be taken in open session. ~~n~~ Date ¡: LIb P f'"{'v Time ... ...~ ~ Ci3"'il:¡ 6JoQ~ ~ '~~~ OS/24/04 City Council Agenda Page 1 of 4 B'l._ --...---.-.,....- CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA MAY 24, 2004 - 7:00 PM For the Meeting conducted at the North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820, at 7:00 p.m. The below listed items are placed on the Agenda for discussion and/or action. 1. Items on the consent agenda will be voted on in one motion unless a Council Member asks for separate discussion. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda, whenever it is considered necessary and legally justified under the Open Meetings Act. 3. Persons with disabilities who plan to attend this meeting and who may need assistance should contact the City Secretary's office at 817-427-6060 two working days prior to the meeting so that appropriate arrangements can be made. NUMBER ITEM ACTION TAKEN 1. Call to Order 2. Invocation - 3. Pledge - 4. GN 2004-042 Canvass of Election - Resolution No. 2004-034 Presentation to Outqoinq City Council Members 5. GN 2004-035 Oath of Office 6. Special Presentations I R 2004-052 Teen Court Scholarships for 2003/2004 Yard of the Month - Debbie York and Kathy Luppy, Keep NRH Beautiful Commission Chair Proclamation - Management Week Lockheed Martin Leadership Association - Quintin Harris, President 7. Citizens Presentation OS/24/04 City Council Agenda Page 2 of 4 NUMBER ITEM ACTION TAKEN 8. Removal of Item(s) from the Consent Agenda 9. Consent a. Minutes of the May 10, 2004 Council Agenda Meeting PS 2004-07 b. Consideration of a Request from Diesel Hammer LLC to Approve the Final Plat of Lot 1, Block 1 Jon R. Evans Addition Located in the 5100 Block of Davis Boulevard (.36 acres) PS 2004-15 c. Consideration of a Request from Winkelmann & Associates to Approve the Final Plat of Lot 1, Block 1 U.I.C.I. Addition (Located in the 9000 Block of Walker Boulevard - 14.600 acres) GN 2004-043 d. Authorize the City Manager to execute a "Letter of Understanding" and Approve $5,000 Sponsorshi~ with the City of Bedford for their "4 h Fest Independence Day Celebration" - Resolution No. 2004- 037 10. GN 2004-038 Election of Mayor Pro Tem 11. GN 2004-039 Youth Advisory Committee End of Year Report Youth Advisory Committee Recommendations 12. GN 2004-040 for South Grapevine Highway Redevelopment Project Approval of New Committee Members to the 13. GN 2004-041 Youth Advisory Committee Public Hearing and Consideration of a Request 14. PZ 2004-06 from JB & JB Development, FLP for a Zoning Change from "AG" Agricultural and "0-1" Office Districts to "R-2" Single Family Residential District (Located in the 7900 and 8000 Blocks of Precinct Line Road - 35.994 acres) - Ordinance No. 2783 (Continued at the May 10, 2004 City Council Meeting) OS/24/04 City Council Agenda Page 3 of 4 NUMBER ITEM ACTION TAKEN 15. PU 2004-026 Authorize the City Manager to Execute Professional Services Contract with Dunkin Sims Stoffels, Inc., in the amount of $70,920 for Landscape Architectural Design Services of Smithfield Elementary and Holiday Heights Elementary School/Park Sites - Resolution No. 2004-035 16. PU 2004-027 Authorize City Manager to Execute a Professional Services Agreement with David C. Baldwin Inc. in the amount of $157, 600 for Landscape Architectural Design Services of Little Bear Creek, Goode Place and Norich Parks and Appropriately Amend the Parks CIP Budget - Resolution No. 2004-036 17. Information and Reports- I R 2004-053 a) West Nile Virus Update b) Announcements - Councilman Lewis 18. Adjournment ~STíD ;/;)\ b'1 OS/24/04 City Council Agenda Page 4 of 4 Date !'LlS ;2¡'- Time ~. _~o'eta'Y 8-1 µ . U~ ., -----. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004- 050 Date: May 24, 2004 Subject: Review Cable Franchise Renewal Process As you may recall, North Richland Hills is part of a consortium of cities served by Charter Communications. Other cities that are members of this consorti~m include Fort Worth, Hurst, Keller, Denton, Southlake, Watauga, Haltom City, Burleson, 'trophy Club, and Benbrook. Together this consortium was able to negotiate provisions in t~e cable franchise that were very beneficial to all cities involved including more stringent cus~omer service standards and significant liquidated damages. . All of the cities. in the consortium are at the point where it is rlecessary to begin the cable franchise renewal process including North Richland Hills. Th~ North Richland Hills cable franchise does not expire until January 2007; however, it is st~ndard practice to begin the franchise renewal process 30 to 36 months before expiration ~s the process can be quite lengthy. In addition, North Richland Hills received notification frpm Charter in April that they would like to start the process. All of the other consortium member cities have received notification from Charter as well. The members of the consorti~m would like to conduct the renewal process as a group in an effort to retain some of t~e benefits we were able to negotiate in the transfer document and to save costs on franchis~ renewal. Per the Federal Cable Act, franchise renewals can be done ~hrough a formal process or through an informal process. Under the Federal Cable Act, the fqrmal process is the only way for a municipality to either force a cable company to agree to leg~timate terms which the cable company may dislike including terms necessary to correct curre~t problems or to meet future needs. Considering pending liquidated damages issues and ot~er problems the cities have experienced, the consortium of cities recommends conducting t~e franchise renewal through the formal process. The purpose of this report is to make you aware that it is time tq begin the franchise renewal process and to seek consensus on whether to enter into a fbrmal renewal process with Charter. We will outline the steps and costs involved in thei formal renewal process at Monday's pre council work session. Respectfully Submitted, I~~ Paulette Hartman Assistant to the City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR#2004- 051 ~ Date: May 24, 2004 T Subject: Discuss Possible Dates for Discussion on Health! Insurance and Mid-Year Budget Worksession Staff would like to have a special worksession to update Coun¢il on the status of the changes that were made to the health insurance plan in January, as welllas brief Council on the possible changes to the plan for next year and discuss the costs and i pros/cons of moving to a fully insured plan. We feel that the time needed to discuss the issuesi warrants a special worksession instead of placing an item on the pre-council agenda. We h~ve asked Preston Pomykal of McGriff, Seibels & Williams, our insurance broker/consultant, t~ attend the meeting to discuss some of these issues with you. Some possible dates for this worksession are: Tuesday, June 8 Wednesday, June 9 Thursday, June 10 Wednesday, June 23 In addition, last Maya mid-year budget worksession was held tþ update Council on the current "- year status of revenues and expenses as well as provide a heads up on issues for the following year budget. Staff would like to get direction from Council on whether or not to have the mid- year meeting this year, and to decide on a date to hold this! meeting. Staff feels it will be necessary to schedule a separate meeting for the mid-year update due to the length of time it will take to cover all the necessary information. Some possible dates for this worksession are: Thursday, June 10 Wednesday, June 16 Wednesday, June 23 Thursday, June 24 Please review your calendars so we can set a date for these worksessions during the pre-council meeting. Respectfully Submitted, ~. Larry J. Cunningham City Manager ... ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004- 049 Date: May 24, 2004 Subject: Legislative Update As you are aware, on April 13th Governor Perry called a special session of the Texas Legislature to address public school finance. The session started Tuesday, April 20th and ended Monday May 17th with both the House and the Senate adjourning sine die. The Mayor sent several letters to Senator Nelson, Representative Griggs, Representative Truitt with copies to several key legislators regarding the City's position on Governor Perry's school finance plan, various proposals discussed during the course of the special session, and the impact these could have on cities and North Richland Hills in particular. As it turned out, the House passed a bill that included a 5% c~p on appraisals and sent it to the Senate. The Senate did not pass a bill. As the special session ended, staff received reports that a 5% revenue cap was also still part of discussions. At this time, we do not know if the Governor will call another special session; however, reports from a press conference held by Governor Perry, Lieutenant Governor Dewhurst and Speaker Craddick indicate that the Governor will call a special session in "the very near future". Until then, Lt. Governor Dewhurst and House Speaker Tom Craddick announced that two work groups of six Senators and six members of the House will begin working on negotiations toward solving the school finance crisis. Staff will continue to monitor this issue and work with area cities and the Texas Municipal League to preserve local control and insure sufficient revenues to provide critical municipal services. Respectfully Submitted, /J ~k Paulette Hartman Assistant to the City Manager ~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR#2004-054 * Date: May 24, 2004 Subject: Discuss Options for Calling Election for Senior and Disabled Persons Tax Freeze Following the state-wide election authorizing local governments and other taxing entities to decide whether or not to implement a tax freeze for seniors and disabled persons, it was the consensus of the Council to wait on any action until the special State Legislative session was convened and decisions were made with regard to the school financing. As you may recall, in the initial school financing plan, the Governor and many others had proposed some very far reaching changes in the tax structure for all taxing entities, and with these, it would have a definite impact on local governments as well as school districts. Not knowing all of the impacts or issues, the thought was to hold on any action on this matter until such time as the City Council and others in the state had a better sense of what the Legislature would do, and what actions they might take would potentially go to the voters in the form of constitutio'nal amendments on restructuring of taxes in Texas. As City Council is aware, the Legislaturè is at a stalemate and have concluded the special session with no decision. There is much speculation about another special session, but it is very difficult to know what is going, to occur. School financing and the tax changes mayor may not be conducted through a special session and these matters may even be held until next year at regular legislative session. It is just an unknown. .~ With the Special Legislative session completed with no decisions, Councilman Metts asked to discuss options available for calling an election on this matter so that citizens could determine their position, even without all of the information about what the State might do in the future. Staff has reviewed the possibilities for calling an election and have discussed these with the City Attorney. Basically, at the present time, these include the following: 1) A citizens' petition can be submitted to the City with signatures of at least 5% of the registered voters. There are 37,234 registered voters in the City of North Richland Hills, so this would mean that signatures of approximately 1,860 registered voters would be needed to call for an election. 2) Another City has requested an Attorney General Opinion as to whether or not a City can initiate an election without a petition being submitted. The Attorney General is anticipating having an opinion in the next several weeks. When this was posed to our City Attorney as to whether or not the City could initiate an election, he indicated that the law that enables the implementation of a senior/disabled tax freeze allowed for only two options-one being by petition and the other being approval by a governing body. It is silent in the law as to whether or not the City can actually initiate an election. It would appear to be reasonable that an election could be called by a governing body, but sometimes the way laws are written at the state level, it is difficult to know. We should know soon if the Attorney General Opinion supports a city-initiated election. -. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 3) The City can call for a non-binding election on this matter and host the election. Such election would only be an "expression of intent" and would not be binding. The election could be held, but again, it would not actually require the implementation of the outcome, whichever way it was decided by those voting. 4) The City can encourage the initiation of a petition. This would not mean that the City would become an advocacy for such an election, but could encourage the initiation of this. In doing so, it would follow Option #1, above. Councilman Metts had also inquired as to what taxing entities in Tarrant County had already approved a senior tax freeze. We have attached a list of those that have considered this and their action as well as those that have taken no action. It is our understanding that the City of Watauga is going to be holding an election on whether or not to provide the exemption. Currently the City of North Richland Hills provides a $36,000 Senior Exemption as well as a 15% Homestead Exemption for all persons, which would equate to a 48% exemption for a person who is a senior and/or disabled, as well as the homestead, based upon the average price of a senior home. "-- If a petition is circulated according to Option #1 above, and it is done in a timely fashion, this could be included on the next uniform election date, which would be September 11, 2004. In order to call for an election on this date, the following factors must be considered: election must be called 62 days prior to the election; time to verify signatures; time to post notice of a meeting to call the election; time for a council meeting; time to get the ballots prepared; and time for early voting. Based on this, the City Attorney has indicated that this would need to be called in early July. He will be looking further at this to determine if there is any other flexibility on the possibility of calling for an election. We will be happy to discuss these options for calling an election with Council at the Pre-Council meeting on Monday, May 24. Texas Legislature adopted H.B, 136 during the 78th Legislative Session, H,B. 136 adds Section 11.261 to the Tax Code allowing municipalities, counties, and junior college districts to implement the freeze on or after January 1, 2004. Snr/Disabled Freeze Adopted? County 220 Tarrant County No 224 Hospital District No 225 TCCC District Yes City 1 Azle No 2 Bedford No 3 Benbrook Yes 4 Blue Mound 5 Colleyville Yes 6 Crowley Yes 7 Dalworthington Garden No 8 Edgecliff Village No 9 Everman No 10 Forest Hill No 11 Grapevine No 13 Keller No 14 Kennedale 15 Lakeside 16 Lake Worth No 17 Mansfield Yes 18 North Richland Hills No 19 pantego No 20 Richland Hills No 21 Saginaw No 22 Southlake Yes 23 Westover Hills No 24 Arlington No 25 Euless Yes 26 Fort Worth No 27 Haltom City No 28 Hurst Yes 29 River Oaks No 30 White Settlement No 31 Watauga No 32 Westworth Village No 34 Haslet Yes 35 Briar 36 Pelican Bay No 37 Westlake Yes 38 Grand Prairie Yes 39 Sansom Park 40 Newark No 42 Flower Mound No CITY OF NORTH RICHLAND HILLS '-oepartment: City Secretary Council Meeting Date: 5/24/04 Subject: Canvassinq May 15. 2004 Municipal Election - Resolution No. 2004-034 Agenda Number: GN 2004-042 The attached resolution canvasses the votes cast at the Municipal Election held May 15, 2004 and declares the winning candidates for Mayor and Council Places 2, 4, and 6. An updated resolution with final tabulation figures will be provided prior to the regular council meeting. The unofficial tabulation provided to candidates the evening of May 15, 2004 was incorrect and has been amended. Upon reviewing the voting machines tapes, it was discovered there was a discrepancy in the total votes called into the City Secretary's Office from Bursey Road Senior Center. The discrepancy was ten (10) votes less for JoAnn Johnson, Place 4. This did not affect the outcome of the results for Place 4. The new provisional voting proçedure enacted by state law requires that the Early Voting Ballot Board accept or reject provisional ballots within seven days after the election. The City of North Richland Hills had 4 provisional voters. The Early Voting Ballot Board will determine whether to accept or reject these ballots according to state law. The unofficial tabulation will then be amended to reflect the addition of any provisional ballots accepted "- by the board. Council will be provided with an amended tabulation and resolution to reflect any provisional ballots that were accepted and counted. Recommendation: To approve Resolution No. 2004-034 Source of Funds: Bonds (GO/Rev.) Operating Budget Other Ø'~N~ ~~ Finance Review Account Number Sufficient Funds AvallaDle Department Head Signature PaQe 1 of ~ UJ .J <C I- o I- 3z ~9 ~~ V'\p.. """'0 ~~ Zo o~ ~ò¿ uz :59 ~~ ~ r) -< e::~ u~ --< §p.. ~O - ~§ ~~ EEl êô -<- ~~ uS ~~ ~~ ~~ O-<.J zo~ µ,.¡-:I: ott~ >-ou 85 u.UJ o~ ~o " > UJ ..; WUJ I- . 0.!!J. >,g >- (J .J w. 0:: . <C ; we L!) (j) ("') OO&t') L!) "'" ...- UJ W 1-= o IV >:1: >-~ .J .- o::U <C w CD (j) ("') ...-OM CD "'" ...- 0:: UJo:: >-w wI- UJZ o::w :JU CD UJo:: .Jw 01- :l:z Uw Wu Zo:: <CUJ e o ("') o ...- CDON (j) -.:r N (j) o L!) ~O&t') N N N ~ I"- ("') ~OCO CD "'" ...- ~ ã) [!i ~ c: ro Z UJ W I- o > 0:: w e z :J UJ cnW wI- 1-0 0> >0:: c:::w we >z O:J '=t M N r-: M ~ 2 o > " Q) ... 2 IJ '61 Q) 0::: -_.,-'--_..~--~"'._-'-~._-~~-,~"~------, RESOLUTION NO. 2004-034 2 4 WHEREAS, an election was duly held in the City of North Richland Hills on the 15th day of May, 2004, to elect a Mayor and City Council places 2, 4, and 6; and, 6 WHEREAS, the City Council has met and canvassed the votes cast in such election; and, 8 WHEREAS, such canvass shows the following results: 10 Mayor Number of Votes 12 Suzette Christopher Oscar Trevino 2160 2349 14 City Council - Place 2 16 18 N. Scott Turnage, Jr. Jo Cox 2187 2235 20 City Council - Place 4 2.c JoAnn Johnson Ron C. West 2262 2172 24 Citv Council - Place 6 26 28 Joe Tolbert Nancy Bielik 2133 2276 30 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RlCHLAND HILLS, TEXAS: 34 Section 1: THAT the above canvass be, and the same is hereby approved. 36 Section 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2006, or until their successors are duly elected and qualified. 38 40 Mayor Oscar Trevino 42 <+4 City Council - Place 2 Jo Cox Resolution No. 2004-034 Page 1 of2 2 City Council - Place 4 JoAnn Johnson 4 City Council - Place 6 Nancy Bielek 6 AND IT IS SO RESOLVED. 8 PASSED on the 24th day of May, 2004. 10 12 14 By: 16 ATTEST: 18 20 Patricia Hutson, City Secretary 2.c- CITY OF NORTH RlCHLAND HILLS Oscar Trevino, Mayor 24 APPROVED AS TO FORM AND LEGALITY: 26 George A. Staples, Attorney 28 Resolution No. 2004-034 Page 2 of2 NI~H Office of the Cit\' CITY OF NORTH RICHLAND HILLS May 24,2004 Memo to: Mayor & City Council \~ Patricia Hutson, City Secretaryr' From: Subject: Canvass of May 15, 2004 Municipal Election Tarrant County Elections has advised that the four provisional ballots for the May 24, 2004 election were rejected by the Early Ballot Board. Attached is the final tabulation of the election. With the rejection of the provisional ballots no changes were made to the tabulation or the resolution. ~". ~. c·'- (.,,,:f,,,, F;i::;hlan( Hiíi", Te,:as * 76182-060£-: "- - '../1S{ Y: FEn: (817) 427-6C<i,f Tarrant County Elections Memo To: Patricia Hutson From: Christopher Walker, Early Voting Coordinator cc: Yolanda Ramirez, Assistant Early Voting Coordinator Date: 5/24/2004 Re: Provisional Ballot Count - May 15, 2004 Four Provisional Ballots was turned over to Jeanne Lyons, Ballot Board Judge for the May 15, 2004 City of North Richland Hills General and Local Option Elections and were rejected. The voters were sent written notification of rejection, If you have any questions please don't hesitate to contact me. Christopher Walker Early Voting Coordinator 600 West Weatherford Fort Worth, Texas 76102 clwalker@tarrantcounty.com ~ :$ u ... u.. u.. o u.. o z o 6 w .... Z ~ 0 15 ! Š Z Q :) W N III 1:1 uì ca: ~ .-t ~ ;:: ~ :$ :I: ::E u Q Ii:: z u.. :5 0 :I: U ... 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UJ UJ ~ ~ õ5 5 ~ ~ U UJ z Q ~ (/) V1 ~ ~ i5:: i5:: UJ UJ > (:) o z => '<t M N ,...: M tr; ð ~ -' ëã ~ Q) õ > 'C ~ Q) ii) '¡;;' Q) a:: CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5/24/04 Agenda Number: GN 2004-035 Subject: Oath of Office The Oath of Office will be administered to each of the newly elected officials. The City Secretary will be prepared to administer the Oath of Office. However, if you desire to have someone else administer your oath, please advise the City Secretary prior to the May 24 meeting in order for the City Secretary to provide the proper forms. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds ÄvallaOle Finance Director ~ @atJuitã ~ Department Head Signature Page 1 of In the name and by the authority of The State of Texas OATH OF OFFICE I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this day of Signature of Person Administering Oath (Seal) Printed Name Title See Reverse Side for Instructions Revised August 1999 Form #2204 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004- 052 '* Date: - Subject: May 24,2004 Teen Court Scholarships for 2003/2004 The North Richland Hills Teen Court was established in 1989 as an alternative means for teens to satisfy court fines by working community service hours. The program currently utilizes about 13 adult volunteers and 24 teen volunteers. The Teen Court Scholarship program was implemented in 1999 to show appreciation to teen volunteers for their time and commitment to this program. Since 1999, there has been 8 Teen Court Scholarships awarded. Teen volunteers must meet strict criteria to be eligible to apply for this scholarship. The scholarship selection is based on years of service in Teen Court, program attendance, residency, professionalism, and a 500-750 word essay. Each s~olarship recipient has been awarded a $1,000 scholarship to the chosen technical sChool,college, or university of their choice. Rebecca Vinson, Teen Court Coordinator along with a Teen Court Advisory Board member is \ here to present the 2003/2004 Teen Court Scholarships to the following students: '-- Tanya Healy - Richland High School Preston Ward - Richland High School The Teen Court Advisory Board thanks the City Council for their continued support of this valuable program. tfully Submitted, ~.\V D borah Durko Court Administrator Dd/ld ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS AREA 1 AREA 2 AREA 3 AREA 4 AREA 5 AREA 6 AREA 7 AREA 8 AREA 9 YARD-OF-THE-MONTH MAY, 2004 Betty Winter. 6628 Onyx Dr. N. Lee & Nel! Lindsey. 4304 Vance Rd. Jerry Blaylock. 4808 Lariat Keith Putnam & Alice McKettrick. 5536 Scott Laurel Moorhead. 6120 Roarina Sprinas Dr. Jeff & Kim Brooks. 7817 Cortland Dr. Don & Carol Tinkham. 9113 Thornridae Dr. James & Carrie Wickham. 7717 Chasewood Dr. Debbie Burns Barnett. 8628 Amhurst Ct. Texas SmartScape Winner Gwendolvn Weisel!. 7505 Orchard Court. 817.481.3835 Business Landscape Winner Michael Makens. Walkabout LandscaDe Co. 8713 Cardinal Lane 817.715.5504 MINUTES OF THE PRE-COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - MAY 10, 2004 PRE-COUNCIL SESSION The City Council of the City of North Richland Hills, Texas met in Pre-Council session on the 10th day of May, 2004 at 6:00 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson Timothy J. Welch Absent: David Whitson Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Paulette Hartman Patricia Hutson Alicia Richardson George Staples Larry Koonce Mike Curtis Call to Order Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Councilman City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant to City Manager City Secretary Assistant City Secretary City Attorney Finance Director Public Works Director Mayor Trevino called the Pre-Council meeting to order at 6:00 p.m. 1. Discuss items from Regular May 10. 2004 City Council Meeting None. 2. IR 2004-044 Promoting Motorcycle Awareness by Installing Motorcycle Signs Public Works Director Mike Curtis displayed the new motorcycle awareness signs being installed at various locations in the city. Council was advised the intent of the signs is to help make the general public aware of motorcycles and that motorists need to share the roadways. City Council Minutes May 10, 2004 Page 2 3. IR 2004-045 Review of 2004 West Nile Virus Proqram Neighborhood Director JoAnn Stout advised this would be the second year the Consumer Health Division would be participating in the Tarrant County Public Health (TCPH) West Nile Virus surveillance report. The project includes the collection and submission of mosquitoes to TCPH to determine the presence of West Nile Virus. The surveillance will begin mid May and continue through the end of October. Ms. Stout advised birds would not be collected this year and staff is encouraging citizens to dispose of dead birds on their property without directly handling the birds. Ms. Stout provided tips to protect one self from being bitten by mosquitoes. (1) use of insecticide with DEET when outside; (2) eliminate all standing water on property; (3) wear long pants, sleeves and light colored clothing; and (4) avoid going outside from dusk until dawn. Ms. Stout confirmed there were six (6) confirmed positive mosquito samples, one (1) confirmed human case, and one (1) suspected human case last year. Ms. Stout informed council Public Works would be spraying insecticide fog on either Thursday or Friday nights based on citizen complaints. Staff will apply Larvicide to standing water on public land as requested by citizens and as warranted by Public Works. In addition to the Larvicide, BTI Larvicide briquets will be administered by the Neighborhood Services Department. 4. Executive Session Mayor Trevino announced at 6:41 p.m. that the Council would adjourn to Executive Session as authorized by the Texas Government Code for the following items: a) Deliberation Regarding Economic Development as Authorized by §551.087- South Grapevine Highway Corridor Area b) Deliberation Regarding Real Property as Authorized by §551.072 and Consultation with Attorney on Contemplated Litigation as authorized by §551.071 - Mid Cities Area c) Deliberation Regarding Real Property as Authorized by §551.072 - Loop 820 Corridor Adiournment Mayor Trevino announced at 6:06 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING 1. City Council Minutes May 10,2004 Page 3 CALL TO ORDER Mayor Trevino called the meeting to order May 10, 2004 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Joe D. Tolbert John Lewis Scott Turnage Frank Metts, Jr. JoAnn Johnson Timothy J. Welch Mayor Mayor Pro Tem Councilman Councilman Councilman Councilwoman Councilman Absent: David Whitson Councilman Staff: Larry J. Cunningham Patricia Hutson Alicia Richardson George Staples City Manager City Secretary Assistant City Secretary Attorney 2. INVOCATION Students from North Richland Middle School Student Council gave the invocation. 3. PLEDGE OF ALLEGIANCE Students from North Richland Middle School Student Council led the pledge of allegiance. 4. SPECIAL PRESENTATIONS City Council Minutes May 10,2004 Page 4 PRESENTATION OF CLEAN CAMPUS AWARD- Students from North Ridge Elementary School sang a song regarding Keeping Texas Clean. Kathy Luppy, Keep North Richland Hills Beautiful Commission, recognized local schools and presented them with signs for being awardéd the Clean Campus Award. PROCLAMATION - PUBLIC WORKS WEEK Councilman Metts presented Public Works Director Mike Curtis with a proclamation proclaiming the week of May 16-22, 2004 as National Public Works Week. Other Public Works employees in attendance were: Jimmy Cates, Street Superintendent; Bob Nelson, Construction Superintendent; and David Smyth, Utility Superintendent. PROCLAMATION - POLICE OFFICER'S MEMORIAL DAY & NATIONAL POLICE WEEK Mayor Pro Tem Tolbert presented Chief Shockley and Officers Mickey Shelley, Bill Washin~ton, Gideon Yeh and recruit Cherise Gregston \Nith proclamation proclaiming May 15t as Police Officer's Memorial Day. . . 5. CITIZENS PRESENTATION None. 6. REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Welch removed item 7b from the consent agenda. 7. APPROVAL OF CONSENT AGENDA ITEMS APPROVED A. MINUTES OF THE APRIL 26, 2004 COUNCIL MEETING B. REMOVED City Council Minutes May 10,2004 Page 5 C. PU 2004-023 AWARD BID FOR 2004 MISCELLANEOUS STREET SUBGRADE STABILIZATION PROJECT TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $70,979 D. PU 2004-024 AWARD BID FOR 2004 RECREATION CENTER INTERIOR RENOVATION PROJECT TO LARRISON CONSTRUCTION IN THE AMOUNT OF $68,390 E. PU 2004-025 REJECT' BIDS FOR FOOD & BEVERAGE CARTS FOR IRON HORSE GOLF COURSE Councilman Metts moved to approve the remaining items on the consent agenda. Councilman Welch seconded the motion. Motion to approve carried 6-0. , 7B. PS 2004-11 CONSIDERATION OF A REQUEST FROM PHIFER/HOGAN REALTY, L.L.C. TO APPROVE THE FINAL PLAT OF LOTS 1, 2, 3, & 4, BLOCK 1 COUNTRY PLACE ESTATES ADDITION (LOCATED IN THE 8000 BLOCK OF DAVIS BOULEVARD - 2.231 ACRES) APPROVED Councilman Welch abstained from discussion and voting. Mr. Don Phifer, applicant, presented council a schematic of the building being built on the property. Zoning Administrator Dave Green summarized final plat for council. The Planning and Zoning Commission and staff both recommend approval of PS 2004-11. COUNCILMAN METTS MOVED TO APPROVE PS 2004-11. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 5-0, with Councilman Welch abstaining. 8. PZ 2004-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT, FLP FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "0-1" OFFICE DISTRICTS TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT (LOCATED IN THE 7900 AND 8000 BLOCKS OF PRECINCT LINE ROAD - 35.994 ACRES) - ORDINANCE NO. 2783 CONTINUED '~..._.._-"------'-~-"----------- City Council Minutes May 10, 2004 Page 6 Mayor Trevino opened the public hearing. Mr. Green advised council applicant was not available to present request. Mayor Trevino advised council they would postpone and hear this item after item number 11 on the council agenda to allow time for the applicant. 9. PS 2004-10 CONSIDERATION OF A REQUEST FROM DENNIS DENSON TO APPROVE THE FINAL OF LOTS 2-A-R & 2-B-R, BLOCK 1 ANTI NONE ADDITION BEING A REPLAT OF LOT 2, BLOCK 1 ANTINONE ADDITION (LOCATED AT 7100 MID CITIES BLVD - 1.096 ACRES) APPROVED Mr. Ernest Hedgecoth, representing applicant, was available to answer questions from council. Mr. Green informed council the re-plat of this property is to create two lots from existing Lot 2. The owner desires to sell proposed Lot 2-B-R for investment purposes. Mr. Green advised both proposed lots meet the minimum standards of the C-2 District. The Planning and Zoning Commission approved request with the stipulation the addition of a 25 foot access easement along the north line of Lot 2-AR until it touches Lot 2-BR. Mr. Green informed council applicant's engineer has revised the plat by adding a 50 foot wide common access easement extending from the entry point located on Lot 1 across both proposed lots. The additional width of the access easement allows for the westward extension of the existing fire lane in front of Print Central. COUNCILMAN LEWIS MOVED TO APPROVE PS 2004·10.. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 10. GN 2004-037 INVESTMENT POLICY AND INVESTMENT STRATEGIES UPDATE RESOLUTION NO. 2004-033 APPROVED Finance Director Larry Koonce advised the Public Funds Investment Act requires a governing body of a municipality to review and adopt the city's investment policy and investment strategy annually. The following are proposed revisions to the Investment Policy and Investment Strategy Statements: City Council Minutes May 10, 2004 Page 7 · An additional requirement was added to the Investment Strategy Statements for each fund. The new statements limit the maximum allowable investment in commercial paper to 10% per fund and will appear under the heading of Safety of Principal for each fund, beginning on page 2. · List of approved securities dealers and the glossary have been updated to reflect current available resources for the city's investments · The Public Funds Investment Act as amended by the 2003 Texas Legislature has been revised to reflect the changes implemented Staff recommends City Council approve GN 2004-037 and Resolution No. 2004-033 to adopt revised City of North Richland Hills Investment Policy and Investment Strategy Statements effective May 10, 2004. COUNCILWOMAN JOHNSON MOVED TO APPROVE GN 2004-037. COUNCILMAN TURNAGE SECONDED THE MOTION. Motion to approve carried 6-0. 11. PW 2004-011 AWARD OF BID TO MCCLENDON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,103,233.04 FOR THE GLENVIEW DRIVE (HONEY LANE TO FLORY STREET) AND FLORY STREET (GLENVIEW DRIVE TO MANOR DRIVE) STREET IMPROVEMENT PROJECTS APPROVED Public Works Director Mike Curtis advised council the two projects are from the Capital Improvement Projects 2003 Bond Program. The projects consist of the reconstruction of each street with concrete pavement, storm drain and utility improvements. In addition to the base bid, staff also received alternate bids. The alternate bids consist of three additional items: crosswalks, street lights and maintenance for proposed street lights. Staff is recommending Council award the bid to McClendon Construction Company, Inc. for the Glenview Drive (Honey Lane to Flory Street) and Flory Street (Glenview Drive to Manor Drive) Street Improvement project in the amount of $1,103,233.04 (base bid and bid alternates #1 and #2). COUNCILMAN WELCH MOVED TO APPROVE PW 2004-011. MAYOR PRO TEM TOLBERT SECONDED THE MOTION. City Council Minutes May 10,2004 Page 8 Motion to approve carried 6-0. 8. Mayor Trevino returned to item PZ 2004-06. Zoning Administrator Dave Green advised applicant is proposing to develop a 125-lot subdivision for the site. The preliminary plat (PS 2004-08) was approved by the Planning and Zoning Commission at their April 15th meeting. Mr. Green advised a letter of protest was received from an adjacent property owner Jess Nelson. The Planning and Zoning Commission recommend approval for PZ 2004-06. Mr. Abel Lojoie, 7909 Precinct Line Road, stated he was not opposed to the development, but would like for there to be a provision on drainage for his property. There is a provision regarding drainage for the commercial property and Mr. Lojoie would like Mr. Barfield and Mr. Long to provide drainage for his property. . Mayor Trevino advised council applicant was not available to answer questions from council and that he would entertain a motion to continue item to the next council meeting. COUNCILMAN TURNAGE MOVED TO CONTINUE PZ 2004-06 TO THE NEXT COUNCIL MEETING. COUNCILWOMAN JOHNSON SECONDED THE MOTION. Motion to approve carried 6-0. 12. ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON PRE- COUNCIL AGENDA APPROVED None. 13. INFORMATION AND REPORTS Councilman Welch made the following announcements. Early voting for the City Council election ends on Tuesday, May 11. Regular voting will be on Saturday, May 15th. Log onto the City's web site or call the city secretary to find your polling location. City Council Minutes May 10,2004 Page 9 Crazy 'bout Patsy will be playing Patsy Cline favorites at The Lotta Night Music Concert Series on Friday, May 14. This free concert begins at 7pm at Green Valley Park. Call the Recreation Center for more information. NRH20 Water Park opens on Saturday, May 22. Come see the new Splashatory ride along with your other favorite rides. May 22 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner - James White and Felisino Yanes, Street Division, Public Works Department - A phone call was received from a NRH resident complimenting White and Yanes for their exceptional work in cleaning debris from the street right-of-way. They were hard workers and very professional and exceeded the resident's expectations. 14. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:50 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS ',-- Department: Planning Department Council Meeting Date: 5/24/04 Subject: Consideration of a Request from Diesel Hammer L.L.C. Agenda Number: PS 2004-07 to Approve the Final Plat of Lot 1, Block 1 Jon R. Evans Addition Located in the 5100 Block of Davis Boulevard (.36 acres). Case Summary: The property is currently un-platted and contains the building that is currently used for the retail sale of vacuum cleaners. The owner wants to plat the site to build a new building for the vacuum cleaners business as well as another building for other retail uses. The original building will be removed as the first building is completed. The proposed retail building is already under construction. Comprehensive Plan: The Comprehensive Plan indicates commercial uses for the area. The existing and proposed uses are consistent with the Plan. Thoroughfare Plan: The Thoroughfare Plan designates Davis Blvd as a 6- lane, divided, principal arterial of 120' RO.W. Maplewood Avenue is designated as a 2-lane, undivided collector street of 68' ROW Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on May 6, 2004 recommended approval of PS 2004-07 by a vote of 4-1 with the follQwing stipulation; 1 ) Applicant to complete required engineering and sidewalk construction plans. Staff Review: The applicant has completed the required engineering plans per the PI~nning and Zoning Commission's stipulation. Attached is a letter from the Public Works Department stating that all plat requirements have been completed. Recommendation: To Approve PS 2004-0.7 the Final Plat of Lot 1, Block 1 Jon R. Evans Addition as recommended by the Planning and Zoning Commission. Review Schedule: Application: 1/26/04 Final Hearing: 5/24/04 Total Review Time: 15 weeks· * The applicant did not submit plat revisions when required to keep the plat on schedule. Staff would have brought the plat to Council in April for approval if the staff's revisions had been incorporated in a timely manner by the applicant. Finance Review Account Number Sufficient Funds AVaIJaOle Finance Director - .. --~._-~_.-.~~-.,---~~~"~,.~---~-----, '.. J (ii' b7 ~ .. h '..~; .! ",.; '.;. , §' i, IS_j\ , , ~ ;; i-'" V ---. ...... .... !.. '.' , ........." '1;'; '.. t I ...., ....., ;1 I> }. ...... ,.);; .," ~... - , - " - ( §.···'i.· .....>;;.., <;f.. /2···..< .. )<.,..................,.. <...;) - <, I- - - - I'¡~.. 10- ~r- <......". .......'.. " l\ ;'bi/,,;,i;' ~ ,", :> :i.)..J '. Œ1 I .~ ./~ f-J .. .... .... . .' ) ¡¡'" Y' " -: C \ N NRH A PS 2004-07 FINAL PLAT JON R. EVANS ADDITION LOT 1 , BLOCK 1 I Prepared by Planning 04/26/04 PS 2004-07 CONSIDERATION OF A REQUEST FROM DIESEL HAMMER LLC TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 JON R. EVANS ADDITION LOCATED IN THE 5100 BLOCK OF DAVIS BOULEVARD (.36 ACRES). APPROVED Mr. Green summarized the case which is a final plat so the owner can build a new building for his vacuum cleaner business as well as another building for other retail uses. The original building will be removed. Staff recommends approval subject to Public Works engineering plan requirements being met. Mr. Sapp, seconded by Mr. Nehring, motioned to approve PS 2004-07 subject to completing staff recommendations for engineered plans and the construction of sidewalks, and that this case not be forwarded to City Council unti I these requirements are completed. The motion was approved 4-1, with Ms. Cole voting against. NI~H ;.J UCiic;'\/''¡ü;Î\ S .,::"¡:.1n;!n: :3trat¡':)~·) ~~-r 1. _..l May 17, 2004 MEMO TO: Donna Jackson, Planner FROM: Lance J. Barton, P,E" Assistant Public Works Director SUBJECT: JON R. EVANS ADDITION; Block 1, Lot 1 Final Plat, PS2004-07 Public Works has reviewed the final plat submitted to this office on April 8, 2004. We recommend placement on the next City Council agenda. ~~1.£ , .;.'...<.,;...... ~''''- ". .....' <_ _, J th f! ·<c;.'.>~rhJ ,'<1~¡¡~3, :;"'~;< ;.;1::'; ") 3-.2···;609 "> .,~~~. :~cc n.¡ ~-, l:2?··,j4Ud. , I Department: Planning Department CITY OF NORTH RICHLAND HILLS "-- Council Meeting Date: 5/24/04 Subject: Consideration of a ReQuest from Winkelmann & Associates Agenda Number: PS 2004-15 to Approve the Final Plat of Lot 1, Block 1 U.I.C.I. Addition Located in the 9000 Block of Walker Boulevard (14.60 acres). Case Summary: The property is currently vacant. The purpose of this plat is to prepare for the construction of a 2-story, 100,000 square foot office building on the northern portion of the site. . Comprehensive Plan: The Comprehensive plan indicates retail uses for this vicinity. The proposed office building use is consistent with the non-residential nature of the Plan. Thoroughfare Plan: The site has public street access from UICI Drive, a 2-lane, commercial street with 70' of ROW that terminates into a cul-de-sac along the western boundary of the site. Access is also provided by future 70' ROW extension of Cardinal Road along the southern border of the site (supercedes the existing 25' access easement). A 24' fire lane easement is shown to connect the cul-de-sac termination of UICI Drive on the west with an existing parking lot (UICI) east of the site. The proposed office building will be constructed north of this easement. Planning and Zoning Commission Recommendation: The Planning and Zoning \--,' Commission at their meeting on May 6,2004 recommended approval of PS 2004-15 by a vote of 5-0 with the following stipulation; 1) Address remaining staff comments. Staff Review: Attached is a letter from the applicant acknowledging that outstanding . technical issues remain that may affect the plat by the addition of easements and or the existing sanitary sewer lift station. Also attached is a letter from the Public Works Department stating that all plat-related issues have been addressed and that the plat is ready for Council consideration. Recommendation: To Approve PS 2004-15 the Final Plat of Lot 1, Block 1 U.I.C.I. Addition as recommended by the Planning and Zoning Commission. Finance Review Source of Funds: Bonds (GOIRev.) Operating Budget Account Number Sufficient Funds AvauaOle Finance Director CITY OF NORTH RICHLAND HILLS Review Schedule: Application: 3/19/04 Final Hearing: 5/24/04 ',,- '-- ''-î CITY COUNCIL ACTION ITEM Total Review Time: 9 weeks N A Prepared by Planning 04/26/04 _··"·__,_·_,·,·~~_",·_~____··,,·.,_.,~~~O'_~'~"'_~'~_"_.""~__~''"'~~_~,.w._.'''-_~~_.__ NRH PS 2004-15 FINAL PLAT U.I.C.I. ADDITION LOT 1, BLOCK 1 , __.____.___.Ù^_~,.__^~'___.___~~~_""""'._____~._^ PS 2004-15 CONSIDERATION OF A REQUEST FROM WINKELMANN & ASSOCIATES TO APPROVE THE FINAL PLAT OF LOT 1, BLOCK 1 U.I.C.I. ADDITION LOCATED IN THE 9000 BLOCK OF WALKER BOULEVARD (14.600 ACRES). APPROVED Mr. Green summarized the case which is a final plat of vacant property on which the owner wishes to construct a 2-story, 100,000 square foot office building. Staff recommends approval subject to items noted by Public Works memo. Ms. Cole, seconded by Mr. Schopper, motioned to approve PS 2004-15 subject to staff recommendations from Public Works. The motion was approved unanimously 5-0. MEGA Life & Health Insurance Company 9151 Grapevine Highway North Richland Hills. TX 76180 May 20, 2004 Lance Barton, PE Assistant Director of Public Works City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Dear Mr. Barton, Please accept this letter as our acknowledgement that there are outstanding technical issues related to the lift station at the existing facility that may affect the current final plat. We understand that certain water and/or sewer easements may be required to be dedicated by separate instrument prior to construction. Sincerely, J1~(1 -, ·1 \, '. ¿. {/:( þ¿d '/ ç:µ/Ÿ!--- Bud Jensen ! Property Manager \.). MEGA Life and Health Insurance Company Cc: Les Binkley, Binks Construction Mike Clark, Winkelmann & Associates; Inc. ......' ...~'_."...._~--~_._------- NI~H Public '/lJor!<.s ,/ p..drninistratton CITY OF J\TORTH RJCHLl-\l'\JD HILLS, May 17, 2004 MEMO TO: Donna Jackson, Planner FROM; Lance J. Barton, P.E., Assistant Public Works Director SUBJECT: UICI ADDITION; Block 1, Lot 1 Final Plat; PS2004-15 Public Works has reviewed the final plat submitted to this office on April 2, 2004. We recommend placement on the next City Council agenda. ~£(~ .:> C;. 3(;;< :52060\:1 :!ûnh ':;.¡C~l¡'¡¡¡U Híìls. :-exas 76182-0609 .:::O! \jontleaSI ,-JOp Ò20'8'ij ..t2"r6400 Fax;3rT) 427-ô404 ¡" > ~ CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 5/24/04 Subject: Authorize the City Manaqer to execute a "Letter of Agenda Number: GN 2004-043 Understanding" and Approve $5,000 Sponsorship with the City of Bedford for their "4th Fest Independence Day Celebration" - Resolution No. 2004-037 On May 4th, in an Informal Report, staff briefed Mayor and Council on a possible sponsorship with the City of Bedford for their July 4th event. Council had requested at the February 9th Pre Council meeting that we consider partnering with another city for a July 4th event since the decision was made to not fund the "Northeast Family Fourth" due to financial constraints and lack of safe open spaces to launch the fireworks. The City of Bedford was selected for a possible partnership because of their use of high level fireworks and related visibility from North Richland Hills. They also produce a quality event and have done so for many years. After speaking with the City of Bedford they have accepted our $5,000 sponsorship proposal for their "4th Fest Independence Day Celebration". The event will be held on July 3rd from 11 :00 a.m. - 11 :00 p.m. at the Bedford Boys Ranch. Attached is a draft "Letter of Understanding" outlining the sponsorship between the City of North Richland Hills and the City of Bedford. Should Council agree to the sponsorship proposal, the City Manager will execute the agreement. The City Attorney has reviewed the attached "Letter of Understanding". Recommendation: To approve Resolution No. 2004-037. Finance Review Source of Funds: Bonds (GO/Rev,) Operating Budget Other Account Number 125-7501-541.35-35 Sufficient Funds Available 1 Budget Director ~~ /£í DeDartment Head SiQnatule Finance Director Paae 1 of 1 RESOLUTION No. 2004-037 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1 : THAT the City Manager is hereby authorized to execute the Letter of Understanding with the City of Bedford for the "4th Fest Independence Day Celebration", as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of May 2004. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney Letter of Understanding Letter of Understanding between the City of North Richland Hills and the City of Bedford This Letter of Understanding confirms the intention of the City of North Richland Hills to provide a $5,000 sponsorship to the City of Bedford for their "4th Fest Independence Day Celebration", Whereas, the City of Bedford provides an outstanding 4th Fest event each year and; Whereas, the event will be held on July 3rd from 11 :00 a.m. - 11 :00 p.m. at the Bedford Boys Ranch and Whereas, the City of North Richland agrees to provide a $5,000 sponsorship to support the 2004 event; and Whereas, North Richland Hills residents will be encouraged to attend the "4h Fest Independence Day Celebration" and or enjoy the fireworks show; both parties agree to the following: 1. The City of North Richland Hills agrees to provide a $5,000 sponsorship for the 4th Fest Independence Day Celebration" 2. The City of North Richland Hills shall provide the official City of North Richland Hills logo to the City of Bedford which will be placed on all print material advertising the "4th Fest Independence Day Celebration" 3. The City of Bedford will provide VIP passes for Mayor and Council and City Administration to the VIP Tent for food and beverages during the event 4. The City of North Richland Hills accepts no liability or any additional costs including personal injury or property damage resulting from the event 5. The parties agree that North Richland Hills has no authority to direct any of the activities or employees or subcontractors of Bedford who are in charge of safety or security or who perform entertainment or who discharge fireworks and that Bedford shall be solely responsible for safety of attendees. 6, This Letter of Understanding shall be in effect for the year 2004 with an option for a new agreement in 2005 if both parties agree This Undersigned Parties hereby conclude the present agreement: For the City on North Rich/and Hills: For the City of Bedford: Larry J. Cunningham, City Manager Chuck Barnett, City Manager Date Date INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2004-047 Date: May 10, 2004 Subject: Proposed Partnership with the City of Bedford for a Fourth of July Celebration At the February 9th Pre Council meeting the City Council elected not to fund the "Northeast Family Fourth" event due to financial constraints and limited safe open spaces to launch the fireworks. Knowing that our citizens would be disappointed in the cancellation of the event, Council suggested that we consider partnering with one of the other cities that plan a July 4th event. The Cities of Bedford, Grapevine, Hurst and Southlake all host an annual July 4th event. The City of Bedford was selected for a possible partnership because of their use of high level fireworks and related visibility from North Richland Hills. They also produce a quality event and have done so for many years. With this in mind, staff contacted Sherri Strayer, Deputy Director of Tourism with the City of Bedford and proposed a $5,000 sponsorship from us, After consulting with the City Manager and obtaining approval from Mayor and Council, the City of Bedford has agreed to accept our sponsorship proposal. The "4th Fest Independence Day Celebration" will be held on Saturday, July 3rd from 11 :00 a.m. - 1 :00 p.m, at the Bedford Boys Ranch,' The City of Bedford has requested a letter of intent ,egarding the sponsorship, The preliminary agreement of the sponsorship includes our city logo on all print material. Due to the tight time constraints in organizing the event and the' potential for including sponsorship recognition for the City of North Richland Hills in all printed marketing materials, it will be important that we submit a letter of intent to the City of Bedford very soon. If the provisions of this sponsorship are agreeable to our Mayor and City Council, staff will write a letter of intent and move forward with the sponsorship agreement. We look forward to visiting with you further about this and seeking any direction that you will provide on the proposed partnership for the July 4th event. Respectfully submitted, /~ iti Vickie Loftice Assistant Director, Parks and Recreation ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 5/24/04 Agenda Number: GN 2004-038 Subject: Election of Mayor Pro Tem The Charter states that the Mayor Pro Tem shall be selected from the Council Members at the first regular meeting following the City's general election. Since this is the first regular meeting following the May 15, 2004 general election the City council must elect a Mayor Pro Tem at this Council meeting. Recommendation: To elect a Mayor Pro Tem. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Finance Director ~ábVM;i ~ Department Head Signature Page 1 of ~ CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 5/24/04 Subject: Youth Advisory Committee End of Year Report Agenda Number: 2004-039 In accordance with the Youth Advisory Committee's By-Laws, the committee shall submit a year-end report to the City Council on the status of its activities for the year. The year-end report of the Youth Advisory Committee as súbmitted by Kendra Newton, Chair of the Youth Advisory Committee, is attached for your review. Kendra Newton will be in attendance to present the report to the City Council and several members of the Y AC are expected to attend as well. Recommendation Accept the Youth Advisory Committee's year-end report to the City Council. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Finance Director ~~re Page 1 of .L The Purpose ofYAC . Y AC has served their purpose this year as acting as an advisory committee to the City Council in areas of economic development and serving the community of North Richland Hills . W e hope that City Council will inform us of any other proj ects that we might be of service Community Service ·Volunteered at Daddy/Daughter Dance ·Provided volunteer opportunities at Battle of the Bands for Teen Court kids and Student Council at Birdville High. ·Volunteered at community car wash, 1 South Grapevine Highway Project · Research on what the city can do to improve South Grapevine Highway North Hills Mall . Research of what the city can do to improve the economy of North Hills Mall Texans Standing Tall Project Planning . Texans Standing TaU is a statewide coalition to prevent underage drinking . Y AC has spent the majority of their time this year planning for our Zero Tolerance project. 2 ~~;t;t£e (9J tÂe ~~~4 March 20, 2004 was a momentus day for YAC, We set up for the event at North Hills Mall. Teen Court kids helped in the set up. We were at North Hills Mall starting at 1 pm, There were ten bands that played from Richland High, Birdville High, and Haltom High. The event was successful because there was a large crowd that showed, By the end of the night there had been at least 300 people who had attended, .,~..,,-,,---_._,~~<-_._---,...._--~-,-_.~-------~ 3 We spread the message about staying drug and alcohol free. Y AC sold concessions, passed out infonnation from TST and MADD, and counted coins to see who would win the competition, The weather began to get stonny around 8 pm, so Y AC had to close the event early, 4 Pro Audio set up and worked the sound, Y AC had to spend money for their services, Y AC borrowed the stage owned by the city. The crowd during a perfonnance by Thysia from Birdville High, 5 Battle of the Bands -The event was a complete success. - It spread the TST message, provided a night of safe enjoyment for teens in the community, and drew more people to North Richland Hills. -Y AC plans to do something similar for teens next vear. 6 CITY OF NORTH RICHLAND HILLS Department: Administration Council Meeting Date: 5/24/04 Subject: Youth Advisory Committee Report for South Grapevine Highway Redevelopment Project Agenda Number: 2004-040 As part of the Youth Advisory Committee's mission to serve as the liaison between the City Council and the youth of the community, the Committee prepared a report with some recommendations they would like to see as part of the redevelopment of North Hills Mall and the South Grapevine Highway corridor. The report will be presented in two parts. The first part of the presentation includes recommendations for the redevelopment of North Hills Mall. Recommendations include making North Hills Mall an entertainment destination with some specific locations that are geared toward teens including the addition of a Christian club for teens and an indoor skate park. The second part of the presentation involves recommendations for the redevelopment and revitalization of the South Grapevine Highway Corridor. Recommendations include improving the appearance of the roadways in this area, design elements to enhance the appearance of buildings in the corridor, and implementing streetscape and design elements used at the intersection of North Tarrant Parkway and Davis Boulevard into this area. Kendra Newton, chair of the YAC, will present the information regarding recommendations for North Hills Mall, and Nick Ward, YAC member, will present the recommendations for the South Grapevine Highway Corridor. The YAC enjoyed learning about the South Grapevine Highway Redevelopment project as well as efforts to revitalize North Hills Mall, and they gained an understanding of the importance of this project to our City. Recommendation Accept the Youth Advisory Committee's report. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Finance Director 1 4 Il¿,tL~ · ····-tD~-'·-- Department Head Signature ~~ / ~ ity anager Signa re Page 1 of L North Hills Mall YAC's Report to Council on ways to improve the economic quality of South Grapevine Highway Current Status Y AC Goals for North Hills Mall Youth Advisory Committee sees a future for North Hills Mall where one is not currently established. A future with a large network of entertainment facilities in conjunction with other entertainment projects on South Grapevine Highway. . Here are some ideas proposed for this network. 1 The Door The Door is a Christian club that lets local music groups and many national groups play. There is a Door in Dallas, Fort Worth, and Piano. There needs to be one in North Richland Hills. The area has alread shown a market for it. Dave and Busters Dave and Busters is a fun and games restaurant for adults, There is no Dave and Busters outside of Dallas County, This area does not serve its adults well with entertainment, and a Dave and Busters would be a neat restaurant to take over the entire food court, Skate Park The younger generation is interested In skate parks like the older generation loved roller rinks, There is a skate park in Grapevine Mills. but as people can see by driving by the high schools after school, Grapevine Is too far away for North Richland Hills teenagers. it wouid be a profitable renovation for the old Stripling and Cox. 2 Retail Shops Retail Ideas: S&M Forever 21 Fry's Electronics Car Electronics Store PacifIC Sunwear Dickies Urban Outwear ifrillllllílMlmm - iŒiIiiiimt_iWF""" ~¡WW<.%fi;m~~~(!* Implementation · North Hills Mall would have to be renovated and reconstructed to accommodate the new environment that would come with these new stores. · There are many large buildings already in North Hills Mall that would be more than ample to fulfill the needs of these new stores, Connecting the Area · Bridge connection between Movie Theatre and Laser Quest · More stop lights · Creation of hike and bike trails by North Hills Hospital that connect into Grapevine Highway · Plant more trees and show less cement · Repair of aging buildings 3 South Gr'9 Highway;Repo The City of North Riçhland Youth Advi$ory Commi South Grapevine Several elements of the Southern end of State Highway 26 can be easily changed in the upcoming revitalization project of the area to make it more friendly towards younger citizens of the city. . Highway 26 As It Stands . Several intersections in this area are in need of rethinking . This intersection is an example of one where perhaps the roads could be made in a more orderly manner with a cleaner look with straight poles. .-. 1 Highway 26 As It Stands · Shopping strips like the one shown in the rear of this photo should not be built. They become monotonous to the eye and when vacant i do not attract new businesses to move in, The New Proposal · The stone walls shown in this shopping center illustrate a good building code that should be enacted to all roadside businesses of the this type especially big box retail. The New Proposal · The big box retail which is planned for this area should have the same exterior building style as the Wal-Mart located on Davis and North Tarrant parkway In order to promote a generally more aesthetically pleasing exterior design of the area ~ 2 The New Proposal · For traffic lights in the southern area, the city should continue with its new light design as it has at the Davis and North Tarrant intersection. Red light cameras should absolutely be included in this recommendation The New Proposals · Though serving no purpose other than decoration, the city should consider structures of this type to promote better exterior appearances in the area The New Proposals · Although water towers are already in place for this area, should they decide to rebuild, this example should serve as a model for such a future project 3 The Teen Perspective . The City should aim to provide housing f students and family with co area as a general goal. Giv proxi Christian University and Tam'(1t County C number of this age of peopleiWl1I be preval area, Therefore it is YAC's .recommendati and mid-range apartments he bùilt in this residential zones. The city also should a of less small shops in thi$ area aS$mall already located there arl:! tending tòvaca refilled, 4 CITY OF NORTH RICHLAND HILLS - Department: Administration Council Meeting Date: 5/24/04 Subject: Approval of New Committee Members to the Youth Agenda Number: GN 2004-041 Advisory Committee The Youth Advisory Committee (YAC) by-laws specify that 10 members are to be appointed for a two-year term and 6 members are to be appointed for a one-year term for a total of 16 members. In addition, among those 10 members appointed to a two-year term, there can be no more than 3 members from anyone high school. Currently, there are 6 members of the Y AC that are completing the 2nd year of their 2 year term (3 from Richland and 3 from Birdville), two members from Fort Worth Christian were recently appointed to a 2 year term, and 3 members were recently appointed for a one year term. The following individuals will be graduating this year: Kendra Newton, Birdville High School - completing a 2 year term Emily Killough, Birdville High School - completing a 2 year term Bethany Walden, Birdville High School - completing a 2 year term Jake Fields, Richland High School - completing a 1 year term Paul Dorasil, Richland High School - completing a 2 year term This leaves 7 two-year positions and 4 one-year positions to be filled when you factor in current vacancies. In an effort to begin filling these vacancies, the following new members are recommended for appointment: Sarah Shive Blake Brown Birdville Sophomore 2 year term Ft. Worth Christian Junior 1 year term· These new appointments are in accordance with the Y AC by-laws. Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for 2003-2004. Source of Funds: Bonds (GO/Rev.) Operating Budget Other Finance Review Account Number Sufficient Funds Available Budget Director Finance Director falAh;{JC5 4iL~ .." Department Head Signature ~~nawre ¡' CITY OF NORTH RICH LAND HILLS Department: Planning Department CounCil Meeting Date: 5/24/04 Subject: Public HearinQ to Consider a ReQuest from JB & JB Agenda Number: PZ 2004-06 Development, FLP for a Zoning Change from "AG" Agricultural and "0-1" Office Districts to "R- 2" Residential District Located in the 7900-8000 blocks of Precinct Line Road (35.994 acres) _ Ordinance 2783. (Continued at the May 10, 2004 City Council Meeting) Case Summary: The applicant is proposing to develop a 125"'¡ot subdivision for the site. The requested "R-2" zoning would require a minimum 9,000 square foot lot with a minimum 2,000 square foot dwelling. A preliminary plat for this site (ref. PS 2004-08 Thornbridge East Phase II, III, and IV) was approved by the Planning and Zoning Commission at their April 15th meeting. Existing Land Use/Site Attributes: few small out-buildings. The site is not platted and is vacant except for a \'- Thoroughfare Plan: The property has frontage along Precinct Line Road, which is designated on the Thoroughfare Plan as a future 7-lane, undivided, principal arterial with 130' R.O.W. (P7U). The approved preliminary plat provides one access point to Precinct Line Road and a local street network connecting to the existing Thombridge East Addition. Comprehensive Plan: Based on the Comprehensive Plan, a small tributary of Little Bear Creek bisects this site into east and west halves. That portion of the site east of the tributary (approximately 650' of depth from Precinct Line Road) is proposed for office and neighborhood retail uses. The balance of the site (west of the· tributary) is proposed for low density residential uses. The applicant's request for residential zoning of! the entire site is not completely in compliance with the Comprehensive Plan because it replaces the proposed commercial frontage along Precinct Line Road. The request does, however,. reflect a trend toward the downsizing of commerciallindustrial areas for low-density residential development. Staff is concerned that a continued pattem of downzonin9 $nd downsizing of areas identified for commercial development may result in a cumulative lessening of the community's long-term opportunities for commercial development. The City of Colleyville is currently reviewing a proposed development for office, retail antj restaurant uses along Finance Review Source of Funds: Bonds (GOlRev.) Operating Budget Other Account Number Sufficient Funds Available ~ Finance Director ~~ PZ 2004-06 Thombridge CC CITY OF NORTH RICH LAND HILLS Precinct Line Road within % mile of this site. \"'-..- Adjacent Zoning I Landuse: North: "R-2"/ Single family residences East: City of Colleyville South: "AG" Agricultural/Single family residences West: "R-2-2500"/Single family residences Letter of Protest: Attached is a letter of protest to this r$quest from an adjacent property owner. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on April 15, 2004, recommended approval of PZ 2004-06 by a vote of 7-0. Case U~date: The applicant was not available to present this request at the scheduled May 10t public hearing. In his absence the Council opened the public hearing and asked staff to give an overview of the request. Adjacent property owner, Mr. Lajoie, spoke and voiced concern over development of the site and the potential for additional water being drained onto his property. In the absence of the applicant to present the request, Council continued the public hearing to the May 20th meeting. After the Council meeting was adjourned, the applicant's representative, Doug Long, appeared. Mr. Long, Mr. and Mrs. Lajoie and staff discussed th$ drainage of the site and ''-~ how the proposed development would not force additional water onto the Lajoie's property. Staff has contacted the applicant and his representative to ~ssure their attendance at the May 24th Council meeting. STAFF RECOMMENDATION: To approve the Planning and Zoning Commission recommttndation of approval for PZ 2004-06 by approving Ordinance No. 2783. Review Schedule: Application: 2/17/04 Final Hearing: 5/10/04 Total R~view Time: 13 weeks· * This request was processed simultaneously with a preliminary plat requiring additional time. .,. ~ 2 4 6 8 10 12 14 16 18 20 '1'1 "-k 1- 26 28 30 32 34 36 38 40 42 44 ORDINANCE NO. 2783 ZONING CASE PZ 2004-06 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTHRICHLAND HILLS, TEXAS, AND REZONING A35.994 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) AND 0-1 (OFFICE) TO R-2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet ofthe property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concemingthe zone change; and, WHEREAS, the City Council is ofthe opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens ofthe City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map ofthe City of North Richland Hills are hereby amended by rezoning a 35.994 acre tract ofland located in the 7900 and 8000 Blocks of Precinct Line Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described on Exhibit "A" hereto, rrom AG Agricultural and 0-1 Office to R-2 Single Family Residential zoning. Section 2: Any person, finn or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Ordina No, 2783 Page 1 2 2 4 6 8 10 12 14 16 18 20 22 "'>4 26 28 30 32 34 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 10th day of May, 2004. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO CONTENT: Department Head Ordina e No. 2783 Page 2[2 ¡ I EXHIBIT "A" TO ORDINANCE NO. 2783 Page 1 of 6 THORNZ1 FIELD NOTES FOR REZONING AG TO R2 TRACT I BEING A TRACT OF LAND OUT OF THE S. RICHARDSON SURVEY, ABSTRACT NO, 1266 AND THE W, C, NEWTON SURVEY, ABSTRACT NO. 1182, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 145,00 FEET NORTH 89 DEGREES 32 MINUTES 59 SECONDS EAST AND 559.86 FEET NORTH 89 DEGREES 49 MINUTES 34 SECONDS EAST FROM THE SOUTHWEST CORNER OF LOT 11, BLOCK 4, THORNBRIDGE EAST, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4133, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST 556.78 FEET ALONG THE SOUTH LINE OF SAID THORNBRIDGE EAST TO THE WEST RO.W. LINE OF PRECINCT LINE ROAD FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 18 MINUTES 12 SECONDS EAST 256.04 FEET ALONG SAID RO.W, TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS WEST 558.26 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 01 MINUTES 41 SECONDS WEST 253.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.259 ACRES OF LAND, MORE OR LESS FIELD NOTES FOR REZONING 01 TO R2 TRACT II BEING A TRACT OF LAND OUT OF THE S. RICHARDSON SURVEY, ABSTRACT NO. 1266 AND THE W.C. NEWTON SURVEY, ABSTRACT NO. 1182, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 742.12 FEET SOUTH 70 DEGREES 17 MINUTES 06 SECONDS EAST FROM THE SOUTHWEST CORNER OF LOT 11, BLOCK 4, THORNBRIDGE EAST, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4133, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS EAST 564.37 FEET TO THE Page 1 EXHIBIT "A" TO ORDINANCE NO. 2783 Page 2 of 6 THORNZ1 WEST R.O.W. LINE OF PRECINCT LINE ROAD FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 25 MINUTES 57 SECONDS EAST 24.95 FEET ALONG SAID RO.W.; THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS EAST 154.37 FEET ALONG SAID RO,W.; THENCE SOUTH 02 DEGREES 51 MINUTES 45 SECONDS WEST 70.60 FEET ALONG SAID RO.W, TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE WEST 561.34 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 04 MINUTES 34 SECONDS WEST 250.31 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.239 ACRES OF LAND, MORE OR LESS Page 2 _.._."--._-----"'._--_._-----------~----- EXHIBIT "A" TO ORDINANCE NO. 2783 Page 3 of 6 THORNZ2 FIELD NOTES FOR REZONING AG TO R2 TRACT III BEING A TRACT OF LAND OUT OF THE S. RICHARDSON SURVEY, ABSTRACT NO, 1266, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 286.88 FEET SOUTH 00 DEGREES 27 MINUTES 06 SECONDS WEST AND 214,10 FEET SOUTH 00 DEGREES 40 MINUTES 41 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 11, BLOCK 4, THORN BRIDGE EAST, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 58 MINUTES 33 SECONDS EAST 295.84 FEET TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 05 DEGREES 25 MINUTES 50 SECONDS WEST 457.78 FEET TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 02 MINUTES 30 SECONDS WEST 296.34 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 05 DEGREES 25 MINUTES 50 SECONDS EAST 462.64 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.111 ACRES OF LAND, MORE OR LESS FIELD NOTES FOR REZONING 01 TO R2 TRACT IV BEING A TRACT OF LAND OUT OF THE S, RICHARDSON SURVEY, ABSTRACT NO. 1266 TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 962.52 FEET SOUTH 02 DEGREES 37 MINUTES 24 SECONDS WEST 962.52 FEET FROM THE SOUTHWEST CORNER OF LOT 11, BLOCK 4, THORNBRIDGE EAST, AN ADDITION TO THE CITY OF NORTH RICH LAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4133, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 02 MINUTES 30 SECONDS EAST 776.08 FEET TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 01 DEGREES 01 MINUTES 29 SECONDS WEST 207.70 FEET TO AN INSIDE CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 02 MINUTES 09 SECONDS EAST 203.64 FEET TO THE Page 1 EXHIBIT "A" TO ORDINANCE NO. 2783 Page 4 of 6 THORNZ2 MOST EASTERLY NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 01 DEGREES 01 MINUTES 02 SECONDS EAST 107.75 FEET TO CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 88 DEGREES 08 MINUTES 31 SECONDS EAST 30,18 FEET TO CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 01 DEGREES 01 MINUTES 02 SECONDS EAST 118.49 FEET TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 88 DEGREES 58 MINUTES 58 SECONDS WEST 1317.97 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 41 DEGREES 42 MINUTES 22 SECONDS EAST 246.25 FEET TO A CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED IN A CURVE TO THE RIGHT WITH A RADIUS OF 58,00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT 162.22 FEET TO THE END OF SAID CURVE, WHOSE CHORD BEARS 114.28 FEET NORTH 81 DEGREES 58 MINUTES 52 SECONDS EAST; THENCE NORTH 11 DEGREES 24 MINUTES 52 SECONDS EAST 67.35 FEET TO CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 05 DEGREES 25 MINUTES 50 SECONDS EAST 183.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 10.167 ACRES OF LAND, MORE OR LESS Page 2 EXHIBIT "A" TO ORDINANCE NO. 2783 Page 5 of 6 THORNZ3 FIELD NOTES FOR REZONING AG TO R2 TRACT V BEING A TRACT OF LAND OUT OF THE R. RICHARDSON SURVEY, ABSTRACT NO, 1266 AND THE W.C, NEWTON SURVEY, ABSTRACT NO, 1182, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 742.12 FEET SOUTH 70 DEGREES 17 MINUTES 06 SECONDS EAST FROM THE SOUTHWEST CORNER OF LOT 11, BLOCK 4, THORNBRIDGE EAST, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A SLIDE 4133, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 02 MINUTES 11 SECONDS EAST 196.48 FEET TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 55 MINUTES 17 SECONDS EAST 214.40 FEET TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 02 MINUTES 09 SECONDS WEST 203.64 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 01 DEGREES 01 MINUTES 29 SECONDS EAST 207.20 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,969 ACRES OF LAND, MORE OR LESS FIELD NOTES FOR REZONING AG TO R2 TRACT VI BEING A TRACT OF LAND OUT OF THE S. RICHARDSON SURVEY, ABSTRACT NO. 1266, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 1468.71 FEET SOUTH 16 DEGREES 05 MINUTES 23 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 11, BLOCK 4, THORNBRIDGE EAST, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 4133, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 88 DEGREES 58 MINUTES 58 SECONDS EAST 802.25 FEET TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 01 DEGREES 01 MINUTES 02 SECONDS EAST 642.96 FEET TO THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; Page 1 EXHIBIT "A" TO ORDINANCE NO. 2783 Page 6 of 6 THORNZ3 THENCE NORTH 89 DEGREES 23 MINUTES 59 SECONDS WEST 812.05 FEET TO A CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 51 MINUTES 10 SECONDS WEST 291.37 FEET TO THE MOST SOUTHERLY SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 60 DEGREES 09 MINUTES 24 SECONDS WEST 230.09 FEET TO THE MOST WESTERLY SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 44 DEGREES 06 MINUTES 36 SECONDS EAST 703,14 FEET TO THE POINT OF BEGINNING AND CONTAINING 15.526 ACRES OF LAND, MORE OR LESS Page 2 ÜU ::J: ;!; g- d ~ . ...·L ~1; t# í I "'- ."( -1 f:._ ~ ~ ~ I I ... ~H 1-, ~ ¿ { N A ¡..~ H ..L A ~ II ~ ..... ;!: ~rR I r' ~. ,!:-¡JH\' )¡..¿ - ~ ¡ ~ h~: K. 1- ~ -/ V .. cJR '-¡ . :Þ :;: ('iŒ:! I i~ \ I \ ------ --- ~ nc: . I Prepared by P!anning 04-01-04 ~- . .;;: o 0::: W z :J I- U z ~J ~ -u:.. . 0.. -..,-.- -"--- ".\ \\\\\\ ./ ~ II \\ "\It-- f~ 11 1\\ " . \ì\ \\\ \\ "" "' ...,..<.... II < ,,. -.- .:....". :_,.:. ..:,i'/...... .'. .(.... .....:,.:H .:''''':<'' ".-',.:' I CITY OF COLLEYVILLE .~ .Ì!J [qçKI;Tr- _ .. > .tI ] .; I ..:. . ':-:-.- .. .;.""-~-- ~---_. '. H \ \ ~ 200' Buffer - .:- '--"- -.--.- I--- L...-- '- ...- --..'- '-,--'- - --.-- - --,-- : NI~H PZ 2004-06 REZONING FROM "AG" AGRICULTURE & 0-1 OFFICE TO "R-2" SINGLE FAMILY RESIDENTIAL 7.194 ACRES OF THE W.C. NEWTON SURVEY 28.80 ACRES OF THE S. RICHARDSON SURVEY o 200 400 600 800 1000 1200 Feet NOTICE OF PUBLIC HEARING NORTH RICHLAND HILLS CITY COUNCIL CASE #: PZ 2004-06 JB & JB Development, FLP 7900 Block and 8000 Block Precinct Line Road (Tracts "I-V" more or less 7.194 Acres in the W. C. Newton Survey, Abstract 1182 and more or less 28.80 acres in the S. Richardson Survey) You are receiving this notice because you are a property owner of record within 200 feet of the above property. Purpose of Public Hearina: A public hearing is being held to consider a request from JB & JB Development, FLP to rezone the above property from "AG" Agriculture and "0-1" Office to "R-2" Residential District. The applicant intends to develop a single-family residential subdivision. Public Hearina Schedule: Location: CITY COUNCIL MONDAY, MAY 10, 2004 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Public Hearing Date: Time: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 City of Colleyville 5400 Bransford Rd. P.O. Box 185 C "~yville, TX 76034 Jesse & Carol Nelson 2708 Steeplechase Ct. Hurst, TX 76054-2287 Sylvia Cate RR 3, Box 86 Brownwood, TX 76801-9620 John Wallace 8208 Thornhill Dr. North Richland Hills, TX 76180 Virginia Fenton 921 6 Edgemont Dr. North Richland Hills, TX 76180 Sâ-ndy Liberato 9212 Edgemont Dr. North Richland Hills, TX 76180 Ralph & Dorothy Stephens 9208 Edgemont Dr. North Richland Hills, TX 76180 Gilbert & Gail Lebreton 81 29 Hallmark Dr. North Richland Hills, TX 76180 State of Texas P.O. Box 6868 Ft. Worth, TX 76115 ~ 'a Sue Cate R. , 3, Box 86 Brownwood, TX 76801 Wayne & Gail Killough 9204 Edgemont Dr. Fort Worth, TX 76180 Damon & Kathy Hannah 9124 Edgemont Dr. Ft. Worth, TX 76180 Thomas & Sherron Leonard 9211 Edgemont Dr. North Richland Hills, TX 76180 Jesse Cates 9203 Edgemont Dr. Ft. Worth, TX 76180 James Waldon 9120 Edgemont Dr. North Richland Hills, TX 76180 John & Lynn Connolly 9112 Edgemont Dr. North Richland Hills, TX 76180 Dennis & Phyllis McMillin 9104 Edgemont Dr. North Richland Hills, TX 76180 James & Kathy Bjurman 8125 Hallmark Dr. North Richland Hills, TX 76180 JB & JB Development 700 W. Harwood Rd., Suite A Hurst, TX 76054 Karen & Samuel Cuellar 8953 Stratford Dr, North Richland Hills, TX 76180 Darrell Bruce 9116 Edgemont Dr. North Richland Hills, TX 76180 M & J Construction Corp. P.O. Box 821516 North Richland Hills, TX 76182 Joe & Colette Rodgers 9207 Edgemont Dr. North Richland Hills, TX 76180 Larry Jackson 8200 Edgemont Ct. North Richland Hills, TX 76180 Darrell & Beverly Bruce 9116 Edgemont Dr. North Richland Hills, TX 76180 Roger & Judith Fulton 9108 Edgemont Dr. North Richland Hills, TX 76180 Andrew & Judith Curtis 9100 Edgemont Dr. North Richland Hills, TX 76180 Mary Sue Warren 120 Oak Leaf Dr. Ft. Worth, TX 76180 Lajoie Family Trust Abel & Marjorie Lajoie 7909 Precinct Line Rd. Ft. Worth, TX 76180 ABN Amro Mortgage Grp 7159 Corklan Dr. Jacksonville, FL 32258 Gilbert & Shelby Montalvo 8949 Kinston Ct. North Richland Hills, TX 76180 Jack & Dana McCarty 8108 Thornwood Dr. North Richland Hills, TX 76180 Jon & Phyllis Moore 9012 Thornberry Dr. North Richland Hills, TX 76180 Landy & Alysha Compton 8201 Edgemont Ct. North Richland Hills, TX 76180 Donald & Sondra Heaton 8953 Kingston Ct. North Ríchland Hills, TX 76180 George & Barbara Taylor 8942 Kingston Ct. Ft. Worth, TX 76180 Lucille Stevens T C Stevens Testamentary Tr 9201 Kirk Lane Ft. Worth, TX 76180 Nancy Reiff 8200 Hallmark Dr. North Richland Hills, TX 76180 Phillip & Denise Holmes 8112 Thornwood Dr. North Ríchland Hills, TX 76180 Bruce & Lisa Híldewig 8946 Kingston Ct. Ft. Worth, TX 76180 Sheryl & Peter Dibella 401 Vintage Ct. Colleyvílle, TX 76034 Tracy Lemoine 8201 Fenwick Dr. North Richland Hills, TX 76180 Jvu J E S S N E L SON S T U 0 I 0 S. IN COP 0 RAT E 0 2708 Steeplechase Ct., Hurst, TX 76054 (817) 656-7679 Fax (817) 656-8185 MlMIMI.~-A.a~ April 7, 2004 10f 3 Pages Donna Jackson Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Re: Case # PZ 2004-06 Dear Donna, This letter is in reference to the rezoning of the parcel of land witch adjoins our property to the south at 8013 Precinct Line Road, North Richland Hills. I have met with your department several times about the use of this land along Precinct line Rd. I was very pleased with the Planning and Zoning Department's recommendations that this strip of land (including ours) be zoned in the future as Neighborhood Retail (NR). We have been hoping to develop our property with this zoning in mind and are really upset about the possibility of the property next door being re-zoned to residential. I am only concerned about the zoning adjacent to Precinct Line Road. This will affect the future plans for our property. We are requesting that the land adjacent to Precinct Line Road be zoned Neighborhood Retail. I feel, as your planning department has suggested, the highest and best use of this land is NR. I feel changing it to residential is a bad idea for the following reasons: 1. It would isolate our property from future retail establishments and shared parking possibilities. 2. It would isolate our property by totally surrounding it by residential zoning i.e. homes to the South and mobile homes to the East and North. This would give us very few options for a viable business in the future when we become ready to develop this land and request your zoning of NR. Re: Case # PZ 2004-06 (continued) 2 of 3 Pages 3. It would restrict the development of our property by blocking the view from the southern approach on Precinct Line Rd. by residential block walls, fences and minimal setbacks. 4. Potential residential back yards backing up to our property on the south would create a problem and financial hardship in that we would have to completely surround our property with an 8' stone or brick wall. It is possible that we would be required to landscape a buffer zone on our side of this fence to accommodate the residences. This would seriously restrict our development plans. 5. The City of Colleyville on the East side of Precinct Line Rd (directly across the street from our property and the JS & JS Development property) is being developed as commercial retail property. New retail developments are being planned. There is a gas station and convenience store across the street. It was a wise decision for the NRH City planners to have suggested an area of NR on the NRH side of Precinct Line to accommodate our future residential neighbors and buffer the traffic, noise and pollution from the highway. Close-to-home retail would improve the quality of life for the future residences being planned adjacent to this NR area. 6. Precinct Line Road has become an extremely busy major North/South artery, The rise in the roadbed of Precinct Line blocks the view of cars turning into our property. This is a potential hazard area for ingress and egress in the future. One concern, as we try to develop our property, would be to find and alternate way of ingress and egress to the property, If the property to the south of us was zoned NR, we could possibly build and share a common ingress to the retail properties from the new street that will be built for access to the new tract of homes being planned. 7. This new road will create a major intersection at Precinct Line Rd. LD Locket Road is being widened on the Colleyville side to accommodate future retail traffic. This intersection is busy now, I can only imagine how busy it will be two years from now! 8. Developing residential units on this commercially active street is an accident waiting to happen, No less than 5 cars have jumped the curb and caused damage to our property over the 22 years that we have owned our land. I could not imagine anyone desiring to live in a residence built right along side of this major road and intersection. As traffic increases, the proposed residential units next to the highway would decline in appeal, value and condition. Re: Case # PZ 2004-06 (continued) 3 of 3 Pages 9. The City of North Richland Hills will lose future sales tax revenue by downgrading a potential Retail zone to residential zoning. 10. By breaking up the planned NR zoned area, the potential for creating a pleasing and viable shopping area decreases. Retail depends on other retail to survive. Lessening the size and scope of the planned retail district will hurt the viability of it, creating economic hardships for those new businesses planning to develop in this location. There is nothing worse than a bunch of failed business trashing up a city. Give this part of our city a better chance to survive economically by zoning all the property adjacent to the highway Neighborhood Retail. 11. There would be no loss to JS & JB Development if you zoned the property NR because the intersection that is being formed by the new road would give them two highly desirable South West and North West corner commercial retail properties to develop. 12. Likewise, a residential tract of homes set back from Precinct Line Rd behind a NR zone would be more desirable tract with neighborhood shopping within walking distance. This would add appeal, quality of life and value to this planned residential tract. We are planning on building an art studio and gallery in the near future. We specialize in museum murals, sculptures, traditional and contemporary artwork. We had always hoped to locate on Precinct Line Road and help promote a viable arts and design district in North Richland Hills, We have always felt that the western heritage and colorful historical past of Precinct Line," The Hanging Tree" and LD Lockett would be an attraction for people to visit and a jewel for the city if developed properly. Also, our property has one of the oldest and grandest post oaks in the county growing on it. Our land and the surrounding lands have a lot of potential for prestige development if it could be planned properly. I think more residential zoning along Precinct Line would be an irreversible mistake. Please adhere to your NR zoning plans for the immediate frontage along Precinct Line Rd. Please consider all of my concerns listed above, I look forward to your decisions concerning this request for zoning changes. Yours truly, Jess Nelson .~ ~ \ ,t'1 .. I (Q,¿'Q/~ '--iL.../~ I J PZ 2004-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JB & JB DEVELOPMENT, FLP FOR A ZONING CHANGE FROM "AG" AGRICULTURAL AND "0-1" OFFICE DISTRICTS TO "R-2" SINGLE FAMILY RESIDENTIAL DISTRICT LOCATED AT 7900 AND 8000 BLOCK OF PRECINCT LINE ROAD (35.994 ACRES MORE OR LESS). APPROVED Dave Green, Director of Planning, presented the case. The request for rezoning is from "AG" Agricultural and "0-1" Office districts to "R-2" Single Family Residential. This property is located off of Precinct Line Road. The applicant is proposing single family residence with "R-2" size lots which requires a minimum of 9000 sq. ft. size lots and 2000 sq. ft. homes. In terms of the design and zoning, there is residential zoning from the existing drainage area east of Thornbridge Addition to Precinct Line Road. The Comprehensive Plan for this area shows low density single family, but much of the frontage area with a depth of 300 ft. along Precinct Line is shown to be split in half between office use and neighborhood service use. The reason the applicant is before the Commission is because the Little Bear Creek Corridor has a small finger that runs through this area. The applicant is doing a hydrology study which shows a small portion of the Little Bear Creek Corridor will be lost as a natural buffer between residential to the west and retail/commercial uses to the east. This allows the applicant to bring the residential uses further to the east. The only issue Staff has with this request is that proposed commercial areas are shrinking in size. Staff would like everyone involved to be cognizant that this is another request in that particular direction. Staff would prefer to see a continuation of at least some frontage devoted to non-residential uses, Chairman Bowen opened the public hearing. Doug Long, the applicant, came forward. Mr, Long stated that he is aware of Staff's ideas regarding some commercial frontage; however, the residential market is very good right now. These homes will be a minimum of 2400 sq. ft. Roger Fulton, 9108 Edgemont Drive, came forward. Mr. Fulton stated that he is directly behind this development and received a notice in regard to this public meeting. Mr. Fulton explained that he is not aware of what "R-2" means. Regardless, after listening to the gentleman before him, Mr. Fulton was in favor of anything that will keep the area as residential. In regards to the shrinking commercial property, Mr. Fulton is aware of how this is important to the City, but would prefer residential next door to him. In response to Mr. Fulton's comments, Chairman Bowen explained that "R-2" is single family residential with 9000 sq. ft. lot minimum and 2000 sq. ft. living area minimum, John Barfield, owner of the proposed subdivision, came forward. Mr, Barfield stated this subdivision will be "R-2" and, like Forest Glenn East Phase II, very few houses will be less than 3000 sq. ft. Mr, Nelson, 8013 Precinct Line Rd, came forward. Mr. Nelson was concerned about how this rezoning would affect the area surrounding his property. Chairman Bowen stated that the surrounding property will remain "0-1". Mr, Nelson then said that if that was the case, he was in favor of the request. Ted Nehring, seconded by Richard Davis, motioned to approve PZ 2004-06. The motion was approved unanimously (7-0). .- CITY OF NORTH RICHLAND HILLS ~ Department: Parks and Recreation Council Meeting Date: 5/24/04 Subject: Authorize the City Manaaer to execute Professional Agenda Number: PU 2004-026 Services Contract with Dunkin Sims Stoffels, Inc., in the amount of $70,920 for Landscape Architectural Design Services of Smithfield Elementary and Holiday Heights Elementary School/Park Sites - Resolution No. 2004-035 The Parks and Recreation Facilities Development CIP Budget includes funding for the design and construction of the renovation of Norich Park and four new neighborhood parks at the following locations: Little Bear Creek Neighborhood Park Stonybrooke Neighborhood Park Smithfield Elementary School Holiday Heights Elementary School The CIP Budget originally anticipated proceeding with the Stonybrooke Park/School site; however, BISD has not finalized the proposed schoOl location at this site. Therefore, the Goode Place neighborhood park site is proposed to be substituted in this phase of the Neighborhood Park Initiative. Proposed neighborhood park improvements at each site include a playground, pavilion, multi-use trail, landscaping, irrigation and public art. The total estimated project cost for all five neighborhood parks is $2,000,000. Two of the parks will be constructed on BISD Elementary School property. After advertising and solicitation for professional landscape architectural services, fourteen proposals were received by the Parks and Recreation Department and include the following: Dunkin Sims Stoffels, Inc. David C. Baldwin Inc. SMR Landscape Adams Consulting Engineers Teague Nail & Perkins TBG Partners MHS Planning & Design Landscape Alliance MESA Design Group Newman Jackson Bieberstein Davis & Davis Jones & Boyd Freese & Nichols SCBA Finance Review Source of Funds: Bonds (GO/Rev.) Operating Budget Other Account Number 125-8510-604.79-01 Sufficient Funds Available PK0409 PK0403 Budget Director '1 dc--~~ I £/ De artment Head Si nat6re Page 1 of 2 ì CITY OF NORTH RICHLAND HILLS The proposals were reviewed and evaluated based on the following criteria: Experience of the Firm Quality of Previous Work Past Record with the City Financial Stability Qualifications of the Project Manager Management Approach A selection committee, with committee members being Richard Torres, Assistant City Manager, Bo Bass, Assistant City Manager, Jim Browne, Director of Parks and Recreation, Bill Thornton, Assistant Director of Parks and Recreation, Gary Bechthold, Park Superintendent and Richard Abernathy, Public Works Management Assistant, met on April 15, 2002 to review proposals and selected six (6) firms to interview in accordance with the professional services procurement policy. The selection committee conducted interviews on April 23, 2002, and after a thorough evaluation, selected the following two firms to perform the necessary professional and technical services: Consultant Park Site David C. Baldwin Inc. Little Bear Creek Neighborhood Park Goode Place Neighborhood Park Norich Park Renovation Dunkin Sims Stoffels, Inc. Smithfield Elementary School Holiday Heights Elementary School This aaenda item represents the official award of a contract to punkin Sims Stoffels. Inc. only. Their prior experience working for the City of North Richland Hills includes three (3) projects: Grèen Valley Community Park, Cross Timbers Park and the South Electric Trail. The attached agreement for services has been negotiated in the amount of $70,920 and includes the following: (Both Parks) $54,250.00 Basic Services (Fixed) $16.670.00 Additional Services (Estimated) $70,920.00 [$720,000.00 Estimated construction budget] This project is in accordance with City Council Goal #2 regarding quality development and City Council Goal #5, providing quality of life amenities for the community. The City Attorney has reviewed the attached contract. Recommendation: To approve Resolution No. 2004-035. CITY COUNCIL ACTION ITEM Page 2 of 2 RESOLUTION No. 2004-035 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a Professional Services Contract with Dunkin Sims Stoffels, Inc. for Smithfield Elementary and Holiday Heights Elementary School/Park Sites, as the act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of May 2004. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney DUNKIN SIMS STOFFELS Inc. May 11, 2004 Mr. Bill Thornton Assistant Director of Parks City of North Richland Hills 6720 N.E, Loop 820 North Richland Hills, Texas 76180 Dear Mr. Thornton: We appreciate the opportunity to submit this scope of services for the Holiday Heights and Smithfield Neighborhood Parks in North Richland Hills, Texas. The scope of services is for the preparation of design and construction documents to complete the proposed improvements within Neighborhood Parks, BASIC DESIGN SERVICES AND CONSTRUCTION DOCUMENTS The services are divided into four sections: (1)' design development; (2) construction documents and specifications; (3) bidding and contract award; and (4) construction administration, Each section sets forth the tasks to be performed, Design Development Phase A schematic plan(s) will be prepared for the program elements listed below, The schematic plan(s) will be presented to City Staff for their review and comments, A rendering will also be prepared for the City and provided in a .JPEG format. DSS will modify the selected schematic plans as discussed with City Staff and prepare an opinion of probable cost detailing the park elements. It is our understanding the City has budgeted approximately $350,000.00 for construction of each park for a total construction budget of $700,000.00, Construction Documents and Specifications Construction documents will be prepared for the parks as outlined in the selected design. The Consultant will perform the following tasks in this section of the project: · Grading Plan(s), which will establish grades for all elements of the project if required, Layout Plan(s) as needed for the park elements. Construction Details providing plans, sections, elevations of the individual elements of the plans, Prepare proposal forms and appropriate add or deduct alternates. Prepare the project specification manual in word format. · · · · 9603 White Rock Trail, Suite 210 Dallas, Texas 75238 Bidding and Contract Award The Consultant will be responsible for the following tasks in this phase: · Distribute plans and specifications from DSS's office to interested bidders, Answer questions and interpret drawings during the bidding period. Assist the City in receiving bids. Prepare and distribute any required addendum. Attend the bid opening and prepare a bid tabulation sheet for completion at the bid opening. Analyze the bids and make a written recommendation to the City for awarding a contract. · · · · · Construction Administration We will perform the following tasks during this phase of the project: · Prepare construction documents with addendum, Consult and advise to the City. Preparation of elementary and supplementary sketches required to resolve field conditions. Approval of submittals and shop drawings submitted by contractors for conformance with the design concept. The consulting team shall make periodic site visits to determine if the project is proceeding in accordance with the contract documents, The consulting team shall not be responsible or liable for the Contractor's failure to perform the construction work in accordance with the contract documents, Review and approval of all certificates for payment submitted by the Contractor. Prepare Change Orders for the City's approval and execution, Coordinate [mal site walk through with the City at the conclusion of the construction and develop a punch '.list of items to be corrected and/ or completed by the Contractor. · · · · · · · DSS will complete the scope of services identified above for a fixed fee of $54,250.00. ADDITIONAL SERVICES The following services can be provided in addition to the Basic Design Services. DSS cannot provided fixed fees for these items, however a recommended budgetary amount has been stipulated for each service. Preliminary and Final Plat The consultants will prepare a preliminary and final plat for the park(s). These documents will be prepared according to the City of North Richland Hills requirements for platting. We recommend the City budget the following amounts for each task. Holiday Heights Park Preliminary Plat Final Plat $6,950.00 $6,950.00 Smithfield Park Preliminary Plat Final Plat $6,830.00 $6,830.00 Topographical Survey An on-site topographical survey will be performed to establish existing grades and contours and the location of existing site features for each park. We would recommend the City budget $3,050.00 for Smithfield Park and $4,620.00 for Holiday Heights Park. Storm Water Pollution Prevention Plans Storm Water Pollution Prevention Plans will be prepared for each park according to the guidelines established by TCEQ, We would recommend the City budget $2,000.00 for each park, Reimbursable Expenses The Consultant will invoice the City at the incurred cost for all out-of-house printing of plans, specifications and plotting of AutoCAD @es. Requested mounting or laminating of master plans will also be invoiced at the incurred cost. In-house printing of check prints for use in preparing the construction documents are included in the basic design services, Postage and delivery expenses will not be invoiced during the Design Phase of the contract. Courier, express mail, or overnight delivery charges, as well as, the cost of mailing sets of contract documents to prospective bidders will be charged to the City. We would recommend the City budget $ 4,000 for this task. The following is a summary of professional services fee associated with this proposed scope of work: Basic Design Services and Construction Documents Topographical Survey Storm Water Pollution Prevention Plans Reimbursable Expenses Total $ 54,250.00 $ 7,670,00 $ 4,000.00 $ 5.000.00 $ 70,920.00 Preparation of Alternates The Consultant's fees are based upon the total dollars allocated for construction of the project. The Consultant will prepare an opinion of probable cost for construction of the proposed elements, This opinion of probable cost will be based on the design development phase of the project. Should the City request that design alternates be prepared for bidding, the consulting team will invoice the City in addition to the original contract amount, the agreed percentage of construction cost for the preparation of plans, construction documents and specifications for the alternates. Any such expenses shall be pre-authorized by the City in advance of work being performed, The consulting team appreciates the opportunity to submit this scope of services and we look forward to working with you and the City of North R1chland Hills. If you would like to discuss this proposal please do not hesitate to call me. Sir~elY, /' w~ Dennis Sims, ASLA Principal CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES This CONTRACT is made and entered into this _ day of ,2004, by and between the City of North Richland Hills, hereinafter called the CIIT, and Dunkin Sims Stoffels, Inc" a Texas corporation, hereinafter called the LANDSCAPE ARCHITECT. RECITALS This CONTRACT is applicable to the furnishing of landscape architectural/park planning services by the LANDSCAPE ARCHITECT for the Holiday Heights and Smithfield Neighborhood Parks (the "Project"). CONTRACTUAL UNDERTAKINGS Section I Employment Of LANDSCAPE ARCHITECT I. Employment Of The LANDSCAPE ARCHITECT The CIIT hereby agrees to retain the LANDSCAPE ARCHITECT to perform professional landscape architectural services in connection with the Project; LANDSCAPE ARCHITECT agrees to perform such services in accordance with the tenus and conditions of this CONTRACT. II. Scope Of Services The parties agree that LANDSCAPE ARCHITECT shall perform such services as are set forth and described in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The parties understand and agree that deviations or modifications in the form of written change orders may be authorized from time to time by the CITY, Section II Authorization Of Services No professional services of any nature shall be undertaken by the LANDSCAPE ARCHITECT pursuant to this CONTRACT until LANDSCAPE ARCHITECT has received written authorization to proceed from the cr!Y. Section III Period Of Service This CONTRACT shall be effective upon execution by the CITY and LANDSCAPE ARCHITECT, and shall remain in force until terminated under the provisions hereinafter provided in Section XIII. Section IV Coordination With The CITY The LANDSCAPE ARCHITECT shall hold periodic conferences with the CrIT, or its representative(s), in an effort to benefit from the CIIT's experience and knowledge of existing needs and facilities, and so as to make the Project as consistent as is reasonably practicable with the CIIT's current policies and standards, To implement this effort, the CITY shall make available to the LANDSCAPE ARCHITECT for use in performing the Project, all existing plans, maps, field notes, statistics, computations and other data in the CITY's possession pertaining to existing facilities which the CITY might believe could have any relation to the Project. The LANDSCAPE ARCHITECT may rely upon the accuracy and completeness of such plans, maps, field notes, statistics, computations and other data provided by the CITY to the LANDSCAPE ARCHITECT. Section V Compensation And Method Of Payment The parties agree that the LANDSCAPE ARCHITECT shall be compensated for all serv1ces provided pursuant to this CONTRACT in the amount and manner set forth below. The professional services fee for completing the scope of services as outlined in Exhibit "A", which is attached hereto and thereby made a part of this CONTRACT. The LANDSCAPE ARCHITECT shall be reimbursed, at his actual incurred cost, for job-related expenses such as reproduction/printing, courier/ delivery charges, data collection, etc, Billing for services will be submitted monthly or after completion of major phases of the work, whichever is most conducive for both parties to the CONTRACT. The LANDSCAPE ARCHITECT further agrees that it will prepare itemized statements for submittal, if requested by the CITY, Section VI Legal Requirements The LANDSCAPE ARCHITECT will advise and assist the CITY in the need and in applying for licenses or permits required by law, and will comply with ordinances, laws, orders, rules and regulations which pertain to its services hereunder. However, nothing contained herein shall alter the fact that the CITY shall be responsible to pay all costs or fees associated with any licenses and permits required by law. The CITY shall also have the sole responsibility to obtain all licenses or permits required by law. Section VII Standard Of Care The LANDSCAPE ARCHITECT will perform and complete its work in a good and workmanlike manner, The LANDSCAPE ARCHITECT shall not, either during or after the term of this CONTRACT, disclose to any third party, any confidential information relative to the work or the business of the CITY, without the written consent of the CITY, except to the LANDSCAPE ARCHITECT's subcontractors, The CITY's representative shall at all times have access to the work for the purpose of inspecting the work and determining that the work is being performed in accordance with the terms of this CONTRACT. Section VIII Independent Contractor Relationship In performance of the services hereunder, the LANDSCAPE ARCHITECT shall be an independent contractor with the sole authority to control and direct the performance of the details of the work. The LANDSCAPE ARCHITECT is self-employed, shall not purport to be an employee or an agent of the CITY, and shall not have any right or power to bind the CITY to any obligation not otherwise specifically authorized in writing by the CITY. The LANDSCAPE ARCHITECT shall provide its own premises for performance of its duties hereunder, but shall have free access to the premises of the CITY and any information, records and other material relevant to its work hereunder. Section IX Insurance The LANDSCAPE ARCHITECT shall provide a certificate reflecting its coverage by worker's compensation insurance and public liability insurance to the CITY for bodily injury and property damage in the following amounts: $250,000.00 for each person/ $500,000.00 for each single occurrence for bodily injury or death/ $100,000.00 for each single occurrence for injury to or destruction of property, The LANDSCAPE ARCHITECT agrees and warrants that such coverage shall be maintained during the term of this CONTRACT. In the event that the limits of liability imposed upon municipalities are increased by the Legislature of the State of Texas, the parties agree that the LANDSCAPE ARCHITECT shall increase the coverage and limits of liability required by this CONTRACT to conform to the liability limits established by the Legislature of the State of Texas. Section X Progress Meetings The LANDSCAPE ARCHITECT or its designee agrees to attend all progress meetings scheduled by the CITY, and at such meetings will endeavor to outline work accomplished and identify any special problems or delays known to the LANDSCAPE ARCHITECT which are encountered in connection with the Project during the previous report period, as well as planned work activities and special problems and delays anticipated for the next report period. Section XI Ownership Of Documents All documents, including master plans and drawings, prepared or furnished by the LANDSCAPE ARCHITECT (and LANDSCAPE ARCHITECT's independent professional associates and consultants) pursuant to this CONTRACT are instruments of service with respect to the Project, and the CITY shall retain ownership and property interest therein, whether or not the Project is completed, upon full and complete payment by the CITY to the LANDSCAPE ARCHITECT for the cost of the work as defined in Exhibit "A", The CITY may use the plans, drawings and specifications for information and reference in connection with the use and occupancy of the Project by the CITY and others; however, such documents are not intended or represented to be suitable for reuse by the CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the LANDSCAPE ARCHITECT for the specific purpose intended will be at the CITY's sole risk and without liability or legal exposure to the LANDSCAPE ARCHITECT, or to the LANDSCAPE ARCHITECT's independent professional associates and consultants. Section XII Termination Either party to this CONTRACT may terminate the CONTRACT by giving to the other party thirty (30) days' notice in writing. Upon delivery of such notice by the CITY to the LANDSCAPE ARCHITECT, the LANDSCAPE ARCHITECT shall discontinue all services in connection with the performance of this CONTRACT and shall proceed to promptly cancel all existing orders and contracts insofar as such orders orHcontracts are chargeable to this CONTRACT. As soon as practical after receipt of notice of termination, the LANDSCAPE ARCHITECT shall submit a statement, showing in detail the services performed under this CON1RACT up to the date of termination, The CITY shall then pay the LANDSCAPE ARCHITECT within fifteen (15) days that proportion of the prescribed charges which the services actually performed under this CONTRACT bear to the total services actually performed under this CON1RACT, less such payments on account of the charges as have been previously made. Originals of all completed or partially completed plans, designs and text prepared under this CON1RACT shall be promptly delivered to the CITY upon termination of this CONTRACT. Section XIII Entire Agreement This CON1RACT represents the entire agreement between the parties covering the subject matter, No modifications or amendments shall be valid unless in writing and signed by both of the parties, Section XIV Severability In case anyone or more of the provisions contained in this CON1RACT shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this CON1RACT shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Section XV Performance This entire CONTRACT is performable in Tarrant County, Texas, and the venue for any action related, directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Dallas County, Texas, and this CONTRACT shall be construed under the laws of the State of Texas. Section XVI Successors And Assignments The CITY and the LANDSCAPE ARCHITECT each binds himself and his successors, executors, administrators and assigns to any other party of this CONTRACT and to the successors, executors, aclnúnistrators and assigns of such other party, in respect to all covenants of this CONTRACT. Except as above, neither the CITY nor the LANDSCAPE ARCHITECT shall assign, sublet or transfer its interest in this CON1RACT without the written consent of the other party. Nothing herein shall be construed as creating any personal liability on the part of any officer, agent or employee of the CITY or the LANDSCAPE ARCHITECT. Section XVII Preparation of Alternates The LANDSCAPE ARCHITECT's fees are based upon the total dollars allocated for construction of the project. The LANDSCAPE ARCHITECT will prepare an estimate for probable cost of construction, This estimate will be based upon the design development phase of the project. Should the CITY request design alternate(s) be prepared for bidding, the LANDSCAPE ARCHITECT will invoice the CITY, in addition to the original contract. Section XVIII Indemnity The LANDSCAPE ARCHITECT agrees to indemnify and hold harmless the CITY and its officers, agents and employees of and from damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, which directly arise out of the LANDSCAPE ARCHITECT's breach of any of the terms or provisions of this CONTRACT, or by any other negligent act, error or omission of the LANDSCAPE ARCHITECT, its agents, servants, employees, subcontractors, or any other persons or entities for whose acts the LANDSCAPE ARCHITECT is legally liable, However, such indemnity for the design professional and his employees for negligence in the performance of professional services and damages resulting from negligence in the perfonnance of professional services shall be limited to an amount of seventy thousand, nine hundred and twenty dollars ($70,920). EXECUTED in three (3) counterparts (each of which is an original) on behalf of the LANDSCAPE ARCHITECT by its Principal shown below, and on behalf of the CITY by its (thereunto duly authorized), this _ day of , 2004, CITY OF NORTH RICHLAND HILLS DUNKIN SIMS STOFFELS, INC. Landscape Architects/Planners [Signature] [Signature] [Typed Name, Title] Dennis G. Sims, Principal [typed Name, Title] CITY OF NORTH RICHLAND HILLS '-- Department: Parks and Recreation Council Meeting Date: 5/24/04 Subject: Authorize the City Manaqer to execute Professional Agenda Number: PU 2004-027 Services Contract with David C. Baldwin Inc., in the amount of $157,600 for Landscape Architectural Design Services of Little Bear Creek, Goode Place and Norich Parks and Appropriately Amend the Parks CIP Budget - Resolution No. 2004-036 The Parks and Recreation Facilities Development CIP Budget includes funding for the design and construction of the renovation of Norich Park and four new neighborhood parks at the following locations: Little Bear Creek Neighborhood Park Stonybrooke Neighborhood Park/School Smithfield Elementary School Holiday Heights Elementary School The CIP Budget originally anticipated proceeding with the Stonybrooke Park/School site; however, BISD has not finalized the proposed school location at this site. Therefore, the Goode Place neighborhood park site is proposed to be substituted in this phase of the Neighborhood Park Initiative. Proposed neighborhood park improvements at each site include a playground, pavilion, multi-use trail, landscaping, irrigation and public art. The total estimated project cost for all five neighborhood parks is $2,000,000. Two of the parks will be constructed on BISD Elementary School property. <i':"' After advertising and solicitation for professional landscape architectural services, fourteen proposals were received by the Parks and Recreation Department and include the following: Dunkin Sims Stoffels, Inc. David C. Baldwin Inc. SMR Landscape Adams Consulting Engineers Teague Nail & Perkins TBG Partners MHS Planning & Design Source of Funds: Bonds (GO/Rev.) Operating Budget Other I ~~ De artment Head Si nature /£-¡ . Landscape Alliance MESA Design Group Newman Jackson Bieberstein Davis & Davis Jones & Boyd Freese & Nichols SCBA Finance Review Account Number 125-8510-604.79-01 vailable PK0209 & PK0407 Page 1 of 2 CITY OF NORTH RICHLAND HILLS '''-..- The proposals were reviewed and evaluated based on the following criteria: Experience of the Firm Quality of Previous Work Past Record with the City Financial Stability Qualifications of the Project Manager Management Approach A selection committee, with committee members being Richard Torres, Assistant City Manager, Bo Bass, Assistant City Manager, Jim Browne, Director of Parks and Recreation, Bill Thornton, Assistant Director of Parks and Recreation, Gary Bechthold, Park Superintendent and Richard Abernathy, Public Works Management Assistant, met on April 15, 2002 to review proposals and selected six (6) firms to interview in accordance with the professional services procurement policy. The selection committee conducted interviews on April 23, 2002, and after a thorough evaluation, selected the following two firms to perform the necessary professional and technical services: Consultant Park Site David C. Baldwin Inc. Little Bear Creek Neighborhood Park Goode Place Neighborhood Park Norich Park Renovation Dunkin Sims Stoffels, Inc. Smithfield Elementary School Holiday Heights Elementary School This aoenda item represents the official award of contract to David C. Baldwin Inc. only. Although not having done any prior work for the City of North Richland Hills, this Dallas firm has 20 years experience in the park planning and design industry with a very good reputation. The attached agreement for services has been negotiated in the amount of $157,600 and includes the following: (All Parks) $108,000.00 Basic Services (Fixed) $ 49.600.00 Additional Services (Estimated - includes platting) $157,600.00 [$1,080,000.00 Estimated construction budget] This contract amount includes additional services for the preparation of surveys, preliminary and final plats for all three (3) parks. This project is in accordance with City Council Goal #2 regarding quality development and City Council Goal #5, providing quality of life amenities for the community. The City Attorney has reviewed the attached contract. Recommendation: To approve Resolution No. 2004-036 and appropriately amend the Parks CIP Budget. CITY COUNCIL ACTION ITEM Page 2 of 2 RESOLUTION No. 2004-036 BE IT RESOLVED BY THE CITY COUNCIL OF THE'CITY OF NORTH RICHLAND HILLS, TEXAS: Section1: THAT the City Manager is hereby authorized to execute a Professional Services Contract with David C. Baldwin Inc. for Little Bear Creek, Goode Place and Norich Parks. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 24th day of May 2004. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples, City Attorney I Parks & Recreation Capital Projects Stonybrooke Neighborhood Park PK0213 PROJECT DESCRIPTION & JUSTIFICATION This project involves the design and construction of a neighborhood park located on Birdville Independent School District property through a joint-use agreement or purchase of land from the Birdville Independent School District. Approximately 9 acres. located on at the southeast corner just north of Rumfield and Stonybrooke is available for introducing park amenities which will include a playground, picnic pavilion. concrete trail, signage. landscaping and irrigation, The City Council, in January, 2000. adopted the 2000 Parks, Recreation and Open Space Master Plan which documents the citizen-surveyed top need as neighborhood park facilities, The highest ranked needs identified were playgrounds, picnic shelters, and multi-use trails, all of which are the primary amenities of this neighborhood park which is located in the south- central area of the City in Neighborhood Park Service Zone 10, This area of the City is completely built out and this project will provide first-time park amenities to this area through the design and construction of a neighborhood park located on BISD School property. PROJECT STATUS Original Start Date 2003/2004 Revision Original End Date 2003/2004 Revision EngineeringlDesign Construction 02/2004 09/2004 02/2006 01/2007 08/2004 OS/2005 12/2006 09/2007 REVISION EXPLANATION The Parks Department is moving forward with Neighborhood Parks Initiative. Phase III. This includes the construction of four new neighborhood parks and the renovation of Norich Park. The five parks originally adopted as part of NPI, Phase III include: Little Bear Creek Neighborhood Park, Norich Park, Stonybrooke Neighborhood Park, Smithfield Neighborhood Park, and Holiday Heights Neighborhood Park. Each of these parks are included in the 2003/04 adopted CIP Budget. The Stonybrooke Park site is located on Birdville Independent School District property, The school district has not clearly determined what they intend to do with this site, Therefore, staff recommends and requests Council's approval to push the construction of Stonybrooke Park into the future and to replace Stonybrooke Park with Goode Place Park in the 2003/04 CIP 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Parks & Recreation Sales Tax $450,000 $0 ($450,000) $450,000 $450,000 Total $450,000 $0 $450,000 $450,000 Project Expenditures Engineering $0 $45,000 $0 $45,000 $45,000 Land/Right-of-Way 0 0 0 0 0 Construction 0 405,000 0 405,000 405,000 Total $0 $450,000 $0 $450,000 $450,000 * $400,000 to be utilized for Goode Place design and construction and the remaining $50,000 will remain in the Parks Developmen Fund for future project use IMPACT ON OPERATING BUDGET Operating impact will be reevaluated when project nears start date, Annual Operating Impact Pro'ected Parks & Recreation Capital Projects Goode Place Neighborhood Park (Neighborhood Park Initiative-Phase III) Project number will be established upon Council approval PROJECT DESCRIPTION & JUSTIFICATION This project provides for neighborhood park services in the central area of the City on 1,64 acres located on Richland Boulevard west of Davis. Park amenities include a playground, picnic pavilion, concrete multi-use trail, signage, landscaping, public art and irrigation. This park compliments the neighborhood park services provided at Liberty Park, and the two parks together provide the necessary park services to this central area neighborhood park service zone, The City Council, in January, 2000, adopted the 2000 Parks, Recreation and Open Space Master Plan which documents the citizen-surveyed top need as neighborhood park facilities, The highest ranked needs identified were playgrounds, picnic shelters, and multi-use trails, all of which are the primary amenities of this neighborhood park. This park site is located in the central-west area of the City in Neighborhood Park Service Zone 16 providing first-time park amenities to this area, The project is part of the second phase of the Neighborhood Park Initiative, With the completion of this project, a total of 13 new neighborhood parks geographically located within underserved areas of the city will have been completed within the last 5 years, addressing the critical shortage of neighborhood park services in response to the identified need of our residents, PROJECT STATUS Original 2003/2004 Original 2003/2004 Start Date Revision End Date Revision EngineeringlDesign Future 06/2004 Future 01/2005 Construction Future 02/2005 Future 12/2005 REVISION EXPLANATION The Parks Department is moving forward with Neighborhood Parks Initiative, Phase III. This includes the construction of four new neigh.borhood parks and the renovation of Norich Park. The five parks originally adopted as part of NPI, Phase III include: Little Bear Creek Neighborhood Park, Norich Park, Stonybrooke Neighborhood Park, Smithfield Neighborhood Park, and Holiday Heights Neighborhood Park, Each of these parks are included in the 2003/04 adopted CIP Budget. The Stonybrooke Park site is located on Birdville Independent School District property. The school district has not clearly determined what they intend to do with this site, Therefore, staff recommends and requests Council's approval to push the construction of Stonybrooke Park into the future and to replace Stonybrooke Park with Goode Place Park in the 2003/04 CIP Budget. Adoption of this CIP Budget revision would allow staff to begin design work for Goode Place this fiscal year. FINANCIAL DATA 2003/2004 Total Funding Source Amount to 2003/2004 Revised Remaining Project Date Adopted Budget Budget Cost Prior Funding Allocations: Parks & Recreation Sales Tax $0 $0 $30,000 $370,000 $400,000 Total $0 $0 $30,000 $370,000 $400,000 Project Expenditures Engineering $0 $0 $30,000 $10,000 $40,000 Land/Right-of-Way 0 0 0 0 0 Construction 0 0 0 360,000 360,000 Total $0 $0 $30,000 $370,000 $400,000 Page 1 of 2 IMPACT ON OPERATING BUDGET The Park Maintenance Standards Man-Hours Workbook is integral to the practices and methods of park maintenance management. Based on site specific data, work productivity records, and comparison with NRPA standards, man-hour requirements yield: 246 man hours - $4,182, Equipment - $66, Materials - $820, Annual Estimate - $5,068 Annual Operating Impact Pro'ected Page 2 of 2 May 18, 2004 PROPOSAL/CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE THREE NEIGHBORHOOD PARKS NORTH RICHLAND HILLS · TEXAS This proposal/contact is for landscape architectural design and consulting services by DAVID C. BALDWIN INC. (the Landscape Architect) for the CITY OF NORTH RICHLAND HILLS, TEXAS (the Client and the Owner). 1.0 SCOPE 1.1 The Landscape Architect's physical area of work shall consist of three neighborhood parks within the City of North Richland Hills, Texas as follows: Norich Park: Area: Approximately 9.5 acres. Improvements: Partially developed well maintained park. Tree Cover: Limited trees. Terrain: Flat and difficult drainage conditions. Flood Plain: Northern end within Unstudied Segment of Walker Branch WKB-l a FEMA regulated stream. Ponds/Lakes: Existing improved lake at north end believed to be offsite. Special Engineering Concerns: Relatively large upstream areas surface drain through site which under current regulations may require extensive surface drainage reconfigurations or enclosed storm drain improvements. ALTERNATE: An adjacent, off-site park area (4-5 acres) along Finian to the rear ofthe YMCA. Goode Place Park: Area: Approximately 2.7 acres. Improvements: Undeveloped and not well maintained. Tree Cover: Limited trees. Terrain: Mild Grade slopes. Flood Plain: No FEMA or other streams near site. Ponds/Lakes: None. Special Engineering Concerns: Must collect offsite drainage from the north and provide improved drainage across site to public street. Little Bear Creek Park: Area: Approximately 6.0 acres. Improvements: Undeveloped with some maintenance. Tree Cover: Heavily covered areas and heavily covered along creek. Most of area moderately covered with trees. Terrain: Mild to steep slopes. Site is steeper than optimum desirability for a park. Flood Plain: The north side of the site is along Little Bear Creek and part of the site is with the 100-year flood plain. Ponds/Lakes: One on the east side which will potentially form the east border. Special Engineering Concerns: The site is steep and may require retaining walls in some locations to create and enhance usable play areas. Site is narrow in width due to the existing flood plain along the north side. 1.2 The construction budget for which this contract and associated fees (excluding Landscape Architect's Basic Services fee) is based is approximately $1,053,950.00 total for all three parks, depending on Alternate or Optional Services selected. 1.3 BASIC SERVICES shall consist of: · Master Plan · Preliminary Site Plan · Design Development · Construction Documents · Bidding and Construction Services 1.4 ADDITIONAL SERVICES alternatives shall consist of: · Survey · Platting · Limited Public Construction Plans 1.5 OPTIONAL SERVICES · Refer to Exhibit A. 2.0 BASIC SERVICES 2.1 MASTER PLAN 2.1.1 Prior to the start of work, the Landscape Architect will request and attend a pre-development meeting scheduled with the City's Engineering, Planning, and Fire Department staff. The Flood Plain and Drainage issues at the Norich and Little Bear Creek Sites will require staff assistance to confinn acceptable options. The purpose of the meeting will be to review drainage, flood plain and platting options and concepts. 2.1.2 The Landscape Architect shall conduct a thorough site analysis of . each park to establish a database of all existing site conditions that will impact the design of new facilities to be placed and/or existing facilities needing upgrade. Specifically, this analysis will address access, utilities, vegetative conditions, topography, drainage, and surrounding land uses as required. 2.1.3 The Landscape Architect shall document his findings of the site analysis verbally and graphically as an aid in guiding future design decisions. - - .-~--_._~--~-'->,-~--~,--~-_..._--,-~--,,-~.,. ,...-- --.-.-~.-.--'..-."'_...-'" 2.1.4 The Landscape Architect shall meet with the Client to clearly define the program for the park. Specifically, the following items will be discussed: · Safety · Exact facilities requirements · Durability · Specific concerns about the park · Demolition requirements · Maintenance considerations · Access considerations · Security considerations · Design approach · Irrigation requirements · Utilities · Additional concerns 2.1.5 The Landscape Architect shall prepare a conceptual Master Plan alternatives for the park based on typical program requirements for a City of North Richland Hills neighborhood park, which may include the following: · Playground · Pavilion (catalog selection) with masonry column enhancements · Multi-use play court · Hike & bike trail · Playfield(s) · Selective pruning and removal of existing trees (as applicable) · New tree plantings within park · Irrigation system · Park identification sign location (City of North Richland Hills standard) 2.1.6 The Landscape Architect shall prepare colored renderings of the conceptual Master Plan alternatives for use in formal presentations. 2.17 The Landscape Architect shall prepare a detailed "Opinion of Probable Construction Cost" based on current area or unit costs, The "Opinion of Probable Construction Cost" shall be broken down into individual items as defined under 2.1.4 above. The Landscape Architect will make recommendations and aid the Client in detennining which items will be constructed within the construction budget defined under 1.2 above and which items may be constructed in future phases and construction budgets. 2.1.8 Based on program elements deleted because of budgetary restraints, the Landscape Architect shall prepare a revised Master Plan showing only the elements to be constructed within the approved construction budget. 2.1.9 The Landscape Architect shall prepare an updated colored rendering of the revised Master Plan for use in formal presentations. 2.1.10 The Landscape Architect shall attend one (1) fonnal presentation to a local Homeowner's Association, one (1) fonnal presentation to the North Richland Hills School District Park Board, and one (1) fonnal presentation to City Council. 2.2 DESIGN DEVELOPMENT 2.2.1 Based on the approved Master Plan and "Opinion of Probable Construction Cost" completed previously, the Landscape Architect shall provide Design Development documents consisting of drawings, sketch details, and other documents to fix and describe the size and character of the project as to the program elements to be built under the construction budget. 2.2.2 The Landscape Architect shall prepare an updated "Opinion of Probable Construction Cost", noting any changes to unit costs or market conditions. 2.3 CONSTRUCTION DOCUMENTS 2.3.1 Based on the approved Design Development documents and items approved for construction under the defined construction budget, the Landscape Architect shall prepare contract documents to include final plans and specifications outlining the general scope, extent, and character of the work to be furnished and perfonned by the Contractor. 2.3.2 For the new park improvements, the Landscape Architect shall prepare detailed construction drawings and plans including, but not limited to, the following: · Grading Plan · Minor parking lot improvements (if required) · Playground · Multi-use court · Play1ield · Pavilion w/masonry columns · Conduit plan for electric and irrigation conduits at locations · Utilities (as required) · Planting Plan · Irrigation Plan · Details for such items as slgnage, walks, trails, retaining walls, etc. 2.3.3 Erosion Control Plans - The Landscape Architect will prepare an Erosion Control Plan and Stonn Water Pollution Prevention Plan meeting all city, state, and federal requirements. The plans will confonn to the City of North Richland Hills Engineering Department requirements. 2.3.4 The Landscape Architect shall update the previously prepared "Opinion of Probable Construction Cost", noting any changes to unit costs or market conditions. 2.4 BIDDING 2.4.1 Upon approval of the Construction Documents, the Landscape Architect shall provide a reproducible plan and specification set to the Owner for bidding purposes. 2.4.2 During the bidding process, the Landscape Architect shall assist in preparing addenda as appropriate to interpret, clarify, or expand the bidding documents. 2.4.3 The Landscape Architect shall consult with the Client concerning the acceptability of substitute materials and equipment proposed by Contractors when substitution prior to the award to contracts is allowed by the bidding documents. 2.4.4 The Landscape Architect shall aid the Client in final bid tabulation and evaluation as requested. 2.4.5 The Landscape Architect will attend monthly project meetings in North Richland Hills during construction. 2.4.6 The Landscape Architect shall prepare administrative services including processing of change orders, clarifications, and pay requests as requested. 2.4.7 The Landscape Architect shall review and approve shop drawings and submittals. 3.0 ADDITIONAL SERVICES 3.1 SURVEY 3.1.1 Research - The Landscape Architect will research deed records to obtain copies of the perimeter properties abutting the Park and will also research City and County records to obtain copies of platted subdivisions abutting the park. Utilizing this known data, the Landscape Architect will prepare a base work map for the boundary survey check. The Landscape Architect will research existing paving, drainage, water and sanitary sewer plans at the City, which may impact design of facilities. A digital copy of the topographic mapping to be used for drainage studies in the parks will be provided by the City if available. 3.1.2 Topographic, Tree Tie, Boundary Check, and Design Surveys: The Landscape Architect will extend City horizontal and vertical datum to the site utilizing GPS instruments to each of the three sites. The Landscape Architect will contact public utilities and coordinate flagging existing underground lines. The Landscape Architect will perfonn a detailed topographic survey of the three sites extending up to the center of perimeter roadways and approximately 20 feet into the perimeter of the abutting tracts where permission to survey is obtained. On the Little Bear Creek site, the Landscape Architect will end topographic surveys along the edge of the existing main tree line along the creek. The Landscape Architect will not tie existing large trees along the Creek. Selective topographic surveying will be accomplished at the one or two locations within the existing creek where enclosed concentrated stonn drainage is selected to be discharged (if any) into the creek. Typically all trees 6" and larger will be tied on all sites except for the Little Bear Creek Site. At Little Bear Creek selective tree ties will be coordinated with the Parks Department to avoid excessive efforts in tree tie surveys. The Landscape Architect will tie the existing improvements on the properties. The Landscape Architect will tie existing drainage structures and improvements where connections may be required for the planned project improvements. The Landscape Architect will compile all the topographic data into a digital topographic (one foot interval contours) model for use by the design team. The Landscape Architect will close out and verify the perimeter boundary of the site for platting. The Basic Services will not include any flood sections on existing stream or surveys for Hydraulic Studies. Note: tOO-year flood plain studies may be required by the Public Works Department and is not included as part of Basic Services. 3.2 PLATTING 3.2.1 Preliminary Plat: The City requires a Preliminary Plat for all sites which will involve a Preliminary Utility study and a Preliminary Drainage Study. The utility study for all the sites is minimal work since the sites do not require sewer service and the only water utility concern will be the water service connection point for irrigation systems. The Drainage Studies will be major work at the Preliminary Plat stage and will require developing water shed maps, preliminary drainage calculations and preliminary improved drainage designs. The Landscape Architect will provide the preliminary plats, preliminary studies, prepare the plat applications and coordinate approval of the preliminary plats. 3.2.2 Final Plat: The Landscape Architect will process a Final Plat for the three sites through the City of North Richland Hills. The final plat will indicate public easements, boundary, legal description, dedication statements, signature and other matters as required by the City. The Landscape Architect will set lot corners and set two control monuments as required by City regulations. The Landscape Architect will coordinate approval of the Plat by City Staff and Placement on the Planning & Zoning Commission Agenda. The Landscape Architect will coordinate execution of the Final plat by the owner and coordinate filing with Tarrant County. 3.2.3 Limited Public Construction Plans: The Landscape Architect will prepare Construction Plans for minor parking lot improvements at Norich Park if required, and extension of a water main for fire hydrant at the end of the existing dead end streets if required. The Landscape Architect will provide storm drain improvements design and drainage area mapping for on site storm drainage. Should drainage improvements be required for abutting public streets, these designs will be considered Optional Services in addition to the Basic Services. 4.0 FEES The Client shall compensate the Landscape Architect for the services described in 2.0 and 3.0 above as follows: · BASIC SERVICES - One hundred and eight thousand dollars and no cents ($108,000.00) which includes reimbursable expenses. · ADDITIONAL SERVICES · SURVEY - Fourteen thousand one hundred forty dollars and no cents ($14,140.00) which includes reimbursable expenses. · PLATTING - Twenty-three thousand nine hundred ten dollars and no cents ($23,910.00) which includes reimbursable expenses. · LIMITED PUBLIC CONSTRUCTION PLANS - Eleven thousand five hundred fifty dollars and no cents ($11,550.00) which includes reimbursable expenses. Any major changes involved after Design Development Documents have been presented and approved, or any changes after Construction Documents have been completed and approved will be charged as Additional Services on a time basis per the hourly rates listed below or at a fee mutually agreed upon by the Client and Landscape Architect. During the Master Plan, if the Client wishes to proceed with bidding program elements exceeding the approved budget defined in 1.2 above, and for which these items may be included in the Preliminary Site Plan, Design Development, Construction Documents, or Bidding phases, the Landscape Architect will consider these elements Additional Services and will be charged on a time basis per hourly rates listed below or at a fee mutually agreed upon by the Client and Landscape Architect. SCHEDULE OF CURRENT HOURLY BILLING RATES: Hourly reimbursable services for Additional Services above and beyond the Basic Services will be based on each staff-hour expended, and billed at billing rates for the specific individual engaged on the project. "Salary cost" is defined as the cost of salaries of landscape architects, engineers, technicians, draftspersons, clerks, field survey crew members, laborers, couriers, etc. for time directly chargeable to the project, plus social security and retirement contributions, unemployment compensation insurance, medical and insurance benefits, sick leave, vacation and holiday pay applicable thereto. Billing rates for individual staff members or for survey crews may be adjusted twice annually (at April 1 and/or October 1) if LANDSCAPE ARCHITECT and his SUBCONSUL T ANTS adjust salary pay rates of employees. Current billing rates within several employee categories are illustrated below. OFFICE STAFF Billing Rate Ranges PER HOUR Principal Landscape Architect Registered Landscape Architect Graduate Landscape Architect CAD / Technical (drafting) Principal Engineer or Principal/Registered Surveyor Registered Engineer/Project Manager Engineer Senior Technician/Graduate Engineer Engineer Draftsperson/Junior Technician SecretariaVW ord Processing FIELD SURVEY CREW STAFF $125.00 $ 90.00 $ 80.00 $ 60.00 $160.00 - $160.00 $86.00 - $147.00 $65.00 - $ 90.00 $38.50 - $ 58.00 $30.00 - $ 55.00 Billing Rate Ranges PER HOUR Based on billing rates for individual crew members ranging from $25,50/hr to $54,OO/hr each, the billing rates for survey crews will be asfollows: Two-man Field Survey Crew Three-man Field Survey Crew Four-man Field Survey Crew GPS Field Survey Crew $120.00 $158.00 $197.00 $165.00 Note: Texas legislation provides for state sales tax to be applied to certain surveying services (primarily boundary surveys). Where applicable, sales tax will be added in addition to the above rates unless client is tax exempt. 5.0 LIMITATIONS 5.1 Limited Flood Plain Assistance: The Landscape Architect will duplicate the existing FEMA mapping for flood plains at the Little Bear Creek and Norich Park sites and provide these limits in our base mapping. Any additional services related to determining the lOa-year flood limits for FEMA streams will be considered Optional Services in addition to the Basic Services. Please note that there is not a studied flood level for the existing Walker Branch Tributary along the northern edge of the Norich Park Site. Any field surveys, coordination with FEMA, Hydrology Studies, Hydraulic Studies, Flood Plain Mapping, CLOMR, LOMR or other flood studies are not a portion of the project Basic Services. 5.2 Basic Services do not include the following: · Formal Concept Site Plan Approval Process (i.e. Planning and Zoning) Formal Site Plan Approval Process (i.e. Planning and Zoning) Performance of a threatened and endangered species investigation Performance of a cultural resources suryey for determining the existence of pre-historic and historic archeological resources Preparation of a USACE individual permit application Preparation of preliminary and final mitigation plans, technical specifications, or mitigation monitoring and compliance reporting Construction inspection services Title company services to provide property title commitment and copies of pertinent deeds and easements affecting the property Traffic studies or traffic engineering on signalization design Environmental assessment services Geotechnical soils engineering/testing including earthwork compaction criteria and pavement design Legal services Zoning services and representation at public hearings (regarding zoning) Architectural services Attendance at formal presentations and meetings beyond the three (3) included as part of Basic Services Assistance, coordination, or preparation of materials for additional replatting (beyond that which is a part of BASIC SERVICES), zoning changes, or site plan approvals beyond those agreed in the Basic Services, should they become required · · · · · · · · · · · · · · · Preparation of flood studies and documentation and coordination with the Federal Emergency Management Agency (FEMA), U. S. Army Corps of Engineers, or others, if required, in order to remove propertyrrom existing floodplain maps, for 404 pennits, or to document the effect, if any, of the project drainage on downstream or off-site properties, or to design detention ponds · Capacity studies on existing water, sewer, stonn drainage or other utilities, or design of off-site utility or conduit improvements · Abandoning existing easements or right-of-way · Preparation of metes and bounds descriptions for off-site easements, releases, loan documentations, right-of-way or easement dedications, or for real estate sales transactions · Coordination or staking of test holes for soil or subsurface investigations · Trench safety systems coordination, testing or design · Construction surveying or staking for any improvements; replacing survey stakes or property comers destroyed during construction or otherwise lost · Field as-built surveys or preparation of record drawings 6.0 GENERAL CONDITIONS This agreement is subject to the "General Conditions of Agreement" as follows: 6.1 Definitions: LANDSCAPE ARCHITECT: Wherever the tenn LANDSCAPE ARCHITECT is used in this agreement, those tenns are understood to reference the finn of David C. Baldwin Inc. and to include all of the various design professions, registrations, disciplines, and related services which might be provided or perfonned under this contract for the CLIENT by David C. Baldwin Inc. or any of David C. Baldwin Inc.'s subcontractors including, but not limited to, Professional Engineering services, Land Surveying services, Land Planning services, Landscape Architecture services, Structural Engineering services, etc. CLIENT: Wherever the tenn CLIENT is used in this agreement, that term is understood to refer to the City of McKinney, Texas. 6.2 Asbestos/Hazardous Waste Exclusion: Hazardous materials may exist where there is no reason to believe they could or should be present. The CLIENT hereby agrees that, if CLIENT knows, becomes aware, or has any reason to assume or suspect that existing hazardous materials may exist at the project site, CLIENT will immediately inform the LANDSCAPE ARCHITECT. The LANDSCAPE ARCHITECT likewise agrees to notify the CLIENT as soon as practically possible should the LANDSCAPE ARCHITECT become aware that unanticipated hazardous materials or suspected hazardous materials may be or have been encountered. The LANDSCAPE ARCHITECT and the CLIENT agree that the identification andlor discovery of hazardous materials is not the responsibility of the LANDSCAPE ARCHITECT, but that discovery of unanticipated hazardous materials constitutes a changed condition which may mandate renegotiation of the scope of work or tennination of services. Nothing in this agreement shall impose liability on the LANDSCAPE ARCHITECT for claims, lawsuits, expenses or damages arising from, or in any manner related to the presence, identification or non-identification, discovery of, exposure to injury or loss arising from any party encountering unanticipated hazardous material, or the handling, removal, manufacture, or disposal of asbestos, asbestos products, hazardous waste, or toxic material in any of its various fonns, as defined by the Environmental Protection Agency. 6.3 Buried Utilities, Etc.: The CLIENT will furnish to the LANDSCAPE ARCHITECT any infonnation CLIENT has or acquires identifying the type andlor location of on site utility lines and other onsite manmade objects beneath the site's surface. The LANDSCAPE ARCHITECT will take reasonable precautions in interpreting available data and showing these approximate utility locations on the survey. The CLIENT recognizes that LANDSCAPE ARCHITECT must in some cases exercise professional opinion in showing on a survey the approximate location of utility lines and other man-made objects that may exist beneath the site's surface and which by their nature are generally and typically not visible. The CLIENT recognizes that the LANDSCAPE ARCHITECT'S research may not identify all subsurface utility lines and man/made objects, and that the infonnation upon which the LANDSCAPE ARCHITECT relies may be approximate only, may be infonnation compiled by andlor furnished or made available to LANDSCAPE ARCHITECT by public utility companies or others, and may contain errors and/or may not be complete. CLIENT recognizes that the professional engineer, architect, or other design professional now or later engaged to design new site improvements on this site will need to verify independently during design and/or construction, through more detailed methods than are practical and feasible at the time of the survey completed under this agreement (perhaps even by probing andlor exposing utilities by excavation), the precise location of certain existing utilities at critical points which might be in conflict with construction of proposed improvements. If excavation is required or desired by CLIENT or LANDSCAPE ARCHITECT in order to define precisely (both horizontally and vertically) specific locations of buried utilities at specific critical points, the expense of excavation equipment and operation shall be borne by the CLIENT if approval is requested in advance of the work. The LANDSCAPE ARCHITECT will take reasonable precautions on LANDSCAPE ARCHITECT'S final construction plans (if LANDSCAPE ARCHITECT prepared any) to bring these utility locations to the attention of the CLIENT'S construction contractors so as to avoid damaging these man- made objects. Nothing in this agreement shall impose liability on LANDSCAPE ARCHITECT for injury or loss arising from damages to or caused by underground utilities or other underground man-made objects that were not called to the LANDSCAPE ARCHITECT'S attention by others or which were not properly located on plans or through other verbal, written, or visual information furnished to the LANDSCAPE ARCHITECT by others. 6.4 Client's Responsibilities: The CLIENT shall, in a timely manner, provide full information regarding the requirements of the project, including design objectives, constraints and criteria, and any other relevant information; shall designate a representative to act on CLIENT'S behalf to examine the documents or the work as necessary and to render decisions related thereto in a timely manner so as to avoid umeasonable delays; and shall furnish all services required for the expeditious completion of the project which are not part of the LANDSCAPE ARCHITECT'S services to be provided under this agreement. 6.5 Construction Phase Review/Safety at Jobsite (if requested by Client; not a part of Basic Services): "Construction Phase Review," when performed by the LANDSCAPE ARCHITECT, shall consist of occasional visual observation of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the LANDSCAPE ARCHITECT'S design intent. Such construction review shall not be relied upon by others as acceptance of the work, nor shall it be construed to relieve the CONTRACTOR in any way from CONTRACTOR'S obligations and responsibilities under the construction contract. Specifically, but without limitation, construction review by the LANDSCAPE ARCHITECT shall not require the LANDSCAPE ARCHITECT to assume responsibility for the means, methods, sequences, schedules, techniques and procedures of construction, errors or omissions of the CONTRACTOR, nor for construction safety precautions of the CONTRACTOR or others on the job site. 6.6 LANDSCAPE ARCHITECT'S Obligation to CLIENT only: It is noted that nothing in the performance of the LANDSCAPE ARCHITECT'S service in connection with this project implies any undertaking for the benefit of, or which may be enforced by any third party, including other owners of subject or adjacent tracts, the CONTRACTOR(S), its SUBCONTRACTOR(S), or the surety of any of them, it being understood that the LANDSCAPE ARCHITECT'S obligations are solely to the CLŒNT and that, in meeting such obligations to the CLŒNT, the LANDSCAPE ARCHITECT may increase the burdens and expenses of the CONTRACTOR(S), its SUBCONTRACTOR(S), or the surety of any of them. The CLŒNT agrees that the provisions of this paragraph shall be included in the construction contract( s). 6.7 Environmental Health Hazards: Nothing in the AGREEMENT shall impose liability on the LANDSCAPE ARCHITECT for claims, lawsuits, expenses, or damages arising from, or in any manner related to negative health effects (if any) resulting from the proximity of any portions of the site or the exposure at any time or times of persons to high pressure pipelines, asbestos or other hazardous waste, airport traffic, or to electromagnetic fields created by High Voltage Transmission Lines or other sources. The LANDSCAPE ARCHITECT and the CLIENT agree that the identification and/or discovery of hazardous or toxic materials in any of its various fonns as defined by the Environmental Protection Agency is not the responsibility of the LANDSCAPE ARCHITECT. 6.8 Jurisdiction: This Agreement shall be governed by the law of the principal place of business of the LANDSCAPE ARCHITECT, Collin County, Texas. 6.9 Notices: Any notice given hereunder shall be deemed served when hand- delivered in writing to an officer or other duly appointed representative of the party to whom the notice is directed, or if sent by registered or certified mail to the business address identified in this AGREEMENT. 6.10 Opinions of Probable Construction Cost: LANDSCAPE ARCHITECT has no control over the cost of labor, materials, equipment or services furnished by others, or over the CONTRACTOR(S)' methods of detennining prices, or over competitive bidding or market conditions. Therefore, his OPINIONS OF PROBABLE PROJECT COST AND/OR CONSTRUCTION COST, if any, provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional LANDSCAPE ARCHITECT, familiar with the construction industry. However, LANDSCAPE ARCHITECT cannot and does not guarantee that proposals, bids, or actual project cost and construction cost will not vary from OPINIONS OF PROBABLE PROJECT COST AND/OR CONSTRUCTION COST prepared by him. If, prior to the bidding or negotiating, CLŒNT wishes greater assurance as to project or construction cost, he shall employ an independent cost estimator. 6.11 Opinions of Probable Schedule: The LANDSCAPE ARCHITECT may prepare, at the request of the CLIENT, an "OPINION OF PROBABLE SCHEDULE", in order to indicate the general relationships between some of the major items affecting project completion. Since the LANDSCAPE ARCHITECT has no control over many of the other parties and individuals which could affect this schedule, including the political actions of government agencies, the general public, adjacent landowners, and the CONTRACTOR'S methods, this schedule should only be used as a general guide. The LANDSCAPE ARCHITECT cannot and does not guarantee that the actual times of completion of the project or any portion thereof will not vary from those illustrated "OPINIONS OF PROBABLE SCHEDULE" prepared by him. 6.12 Regulation of Land Surveying: As noted in Section 29 of the Land Surveying Practices Act, complaints about surveying services may be forwarded to the Texas Board of Land Surveying, 7703 North Lamar, #304, Austin, Texas 78752. 6.13 Shop Drawing Review: In instances where the LANDSCAPE ARCHITECT reviews those shop drawings required of the CONTRACTOR by the construction contract, such review shall be for general conformance with the design concept and general compliance with the plans and specifications and shall ?ot relieve the CONTRACTOR of any of his responsibilities under the construction contract. 6.14 Standard of Practice: LANDSCAPE ARCHITECT will strive to perform services under this AGREEMENT in a manner consistent with that level of care and skill ordinarily exercised by members of the appropriate profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise. 6.15 Risk Allocation/Limitation of Landscape Architect's Liability: The LANDSCAPE ARCHITECT has evaluated the risks, rewards and benefits of the project and the LANDSCAPE ARCHITECT'S total fee for the services. The risks have been allocated such that the CLIENT agrees that to the fullest extent permitted by law, the LANDSCAPE ARCHITECT'S total liability to CLIENT for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the total amount of $250,000. Such causes include but are not limited to the LANDSCAPE ARCHITECT'S negligence, errors, omissions, strict liability, breach of contract or breach of warranty. CLIENT agrees not to bring action against LANDSCAPE ARCHITECT under the provision of the Texas Deceptive Trade Practices Act which provides for treble damages. 7.0 TERMINATION This contract shall remain in full force and effect until the above referenced work has been completed. If either party defaults in the perfonnance of this agreement or materially breaches any of its provisions, the non-defaulting or non-breaching party shall have the right to tenninate this agreement by giving written notice of tennination within fourteen (14) days of the default or breach. Upon receipt of said notice, the defaulting or breaching party shall have fourteen (14) days to cure such default or breach. If said default or breach is not cured, the agreement shall tenninate automatically. All notices shall be mailed certified, return receipt requested, to the following: Bill Thornton CITY OF NORTH RICHLAND HILLS 7301 N. E. Loop 820 North Richland Hills, TX 76180 David C. Baldwin DAVID C. BALDWIN INC. 730 East Park Blvd., Suite 100 PIano, TX 75074 If this agreement is tenninated, David C. Baldwin Inc. shall be paid a lump sum equal to the unpaid portion of the fee for services perfonned prior to tennination, together with reimbursement for reimbursable expenses. CITY OF NORTH RICHLAND HILLS DAVID C. BALDWIN INC. Signed: Signed: Title: Title: President Date: Date: EXHIBIT 'A' OPTIONAL SERVICES AND DIRECT COSTS A -1. The following direct costs will be billed at our cost plus 10%, in addition to any other fees for labor charges on both Basic and Optional Services. (a) Reproduction costs for maps, plats, and plans, or other informational materials purchased or utilized for the project including computer plotting of surveys and plan sheets. (b) Platting, application, inspection, filing, review or other fees if paid by us to City, or other agencies on behalf of CLIENT. (c) Courier/delivery expenses. (d) Travel and subsistence expenses outside a 50-mile radius of DFW Airport. 2. Assistance, coordination, or preparation of materials for additional replatting (beyond that which is a part of BASIC SERVICES), zoning changes, or site plan approvals, should they become required. 3. Design/plans for left/right turn lanes, median openings, or deceleration lanes. 4. Design and preparation of construction plans for extension of offsite improvements (more than 200 feet from boundary). 5. Preparation of flood studies and documentation and coordination with the Federal Emergency management Agency (FEMA), U.S. Army Corps of Engineers, or others, if required, in order to remove property from existing floodplain maps, for 404 pennits, or to document the effect, if any, of the project drainage on downstream or off-site properties, or to design detention ponds. 6. Abandoning existing easements or rights-of-way. 7. Preparation of metes and bounds descriptions for off-site easements, releases, loan documentations, right-of-way or easement dedications, or for real estate sales transactions. 8. Coordination or staking of test holes for soil or subsurface investigations, which locations shall be established by the project geotechnical engineer. 9. Design of structural retaining walls (if any are required). 10. Redesign and/or revision of plans after CLIENT'S authorization to proceed based on one particular site plan or after approval of plans by City. 11. Trench safety systems coordination, testing or design. EXHIBIT' A' OPTIONAL SERVICES AND DIRECT COSTS 12. Construction surveying or staking for any improvements; replacing survey stakes or property comers destroyed during construction or otherwise lost. 13. Additional extended construction phase review or engineering services beyond the hours budgeted (if any) under BASIC SERVICES or weekly observation of erosion control facilities and conformance to pollution prevention plan (defined as any services other than those already listed under BASIC SERVICES, which might be requested after final approval of construction plans and which occur during or after construction). 14. Field as-built surveys or preparation of record drawings of future buildings, paving, etc. for CLIENT, lender, or others, except those required by the City. 15. Time spent by LANDSCAPE ARCHITECT or his consultants (including Attorneys) on defending any claims made against LANDSCAPE ARCHITECT by third parties, arising from development or construction of the PROJECT, unless said claims are judicially determined to be attributable to negligence on the part of the LANDSCAPE ARCHITECT. 16. Any other services on the project which are required or requested which are not specifically included in the BASIC scope of services. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2004-053 ~'^A Date: May 24,2004 ~ Subject: West Nile Virus Update We are really unable to predict whether the West Nile Virus outbreak in this area this summer will increase or decrease. Tarrant County indicated that due to the mild winter we experienced, we could possibly see an increase in mosquito positives in this area, but to anticipate at least the same as last year. Last year between July and October, North Richland Hills had six (6) confirmed mosquito positives, one (1) confirmed human case and one (1) suspected human case. Neighborhood Services will continue to make every effort to inform, educate and report the status of the virus to the citizens of North Richland Hills. Information regarding the West Nile Virus is located on the Neighborhood Services web page, as well as, being shown on Citicable 16 times per day, beginning May 10th through the end of October. Informational brochures will be distributed to households in areas where confirmed positives have been located. Public Works and the Neighborhood Services Department will once again be specifically dealing with mosquito control issues this summer in the same manner as last year. Both departments have proven their ability last year in working together to effectively deal proactively and reactively with citizens concerns. Code Enforcement has already begun working with citizens to eliminate standing water on their property and to educate the public on the importance of personal protection. We have begun '-- distributing Larvicide briquets in areas of standing water on public land. Citizens can purchase the briquets at North Richland Hills businesses such as Green Mama's, Smithfield Feed & Garden, Home Depot and Walmart. The briquettes have an active BTI, a nontoxic, environmentally friendly larvicide that has a duration of approximately 30 days. The BTI briquets and granules can be purchased under such names as "Mosquito Dunks" and "Bactimos Briquets." Public Works will be distributing granular larvicide, Clarke 5% Skeeter Abate in areas of standing water on public land as requested by citizens and as observed by Public Works employees. These granules have a duration of approximately 45 days. The active ingredient of this product is Temephos in a 5% concentration which should have minimal effect on the environment at this low concentration. Public Works will also be fogging with Permethrin (synthetic pyrethroid) adulticide spray, as requested by citizens. A list of citizens that have reported allergies to chemical pesticides will be checked prior to spraying any street or certain areas. That area will not be sprayed if a citizen's name is on the list with reported allergies. The City of North Richland Hills will begin its second year of surveillance and collection of mosquitoes, however, no birds will be collected. Complaints and information such as areas that have been sprayed, complaints, location of dead birds, etc., will be logged in a database for easy access for public information. Respectfully Submitted, \¿L?M I~'nn Stout, Director of Neighborhood Services IS~l'D BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS Announcements and Information May 24, 2004 Council Member John Lewis: Announcements All City Offices will be closed Monday May 31 st in observance of Memorial Day. Garbage will be collected as usual. W. C. Clark Blues, Rhythm and Groove will be playing at The Lotta Night Music Concert Series on Friday, May 28. Thjs free concert begjns at 7pm at Green Valley Park. Call the Recreation Center for more information. Information June 5 Critter Connection North Hills Mall 10:00 a.m. - 6:00 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Javier Garcia and Chuck James, Utility Division, Public Works Department - A call was received from a NRH resident expressing appreciation to Garcia and James for the great job they djd in helpjng the resident extract mud and grass out of the curb line. They are an asset to the City and jts residents.