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HomeMy WebLinkAboutCC 2008-07-14 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, JULY 14, 2008 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-081 Public Service Officers (10 Minutes) A.3 IR 2008-082 Discussion of the 2008 Drainage Projects (30 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation - 1) Friend vs. NRH; 2) City of San Antonio, Texas, et al., v Hotels.Com, L.P.; 3) Eminent Domain Action against G&S Investment Company, Ltd. for Acquisition of Easement at Glenview and Boulevard 26 B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.3 Executive Session: Pursuant to Section 551.074 Texas Government Code, to Deliberate the Employment of Council Appointed Positions -City Attorney, City Secretary, City Manager, Municipal Court Judge C.0 Adjournment C;Prtification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on July 11, 2008 at '2'. ~ r .. ~ ~~` ~f t A psi Cant City Secreta wheelchair accessible and accessible arkin paces are available. This facility is p g Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. July 14, 2008 -City Council Agenda Page 1 of 5 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS MONDAY, JULY 14, 2008 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ Library on the Friday prior to the meeting (available electronically) ^ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 17, 2008 City Council Work Session July 14, 2008 -City Council Agenda Page 2 of 5 B.2 Approval of Minutes of the June 23, 2008 City Council Meeting B.3 GN 2008-063 Resolution Authorizing the City Manager to Execute Documents, Contracts & Agreements -Resolution No. 2008-040 6.4 GN 2008-064 Rescheduling the August 25 Council Meeting B.5 PU 2008-024 Renew Bid # 07-1390 Annual Contract for Traffic Material for Public Works Department to Vulcan Signs Inc., Allied Tube & Conduit and Roadrunner Traffic Supply B.6 PU 2008-025 Renew Bid #07-1387 Annual Contract for Utility Materials to Main Line Supply Utility (Formerly Eagle Underground) and Atlas Utility Supply for the Public Works Department B.7 PU 2008-022 Award Bid 2008-008 Northfield Park Playground Improvements to Recreation Consultants of Texas and Custom Swings of Texas in the amount of $90,021.00. B.8 PW 2008-016 Approve the Abandonment of a portion of an Ingress, Egress, Water, Sanitary Sewer and Drainage Easement Located within The North Tarrant Crossing Development (Brentwood Estates Addition; Block 5, Lot 2R-1) -Ordinance No. 3004 C.0 PUBLIC HEARINGS C.1 ZC 2008-04 Public Hearing and Consideration of a Request from David Barfield to Approve a Zoning Change on 3 parcels of land: AG to R-2 (0.717 acres), AG to R-1-S (1.250 acres), and AG to O-1 (0.469 acres); located in the 6800 Block of Nob Hill Drive - Ordinance No. 3003 C.2 RP 2008-05 Public Hearing and Consideration of a Request from Cary Clarke Homes to Replat Lot 3R-1-BR and Lot 3R1-A, Block 1, Martin Acres Addition into Lots 1, 2, and 3, Block 1, Martin Acres Addition (Located in the 6800 Block of Nob Hill Drive). C.3 GN 2008-068 Public Hearing and Action on the Use of Little Bear Creek Park and JB Sandlin Park for Mineral Development D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS July 14, 2008 -City Council Agenda Page 3 of 5 E.1 PW 2008-017 Approve Agreement and Payment in the amount of $48,988.73 to Oncor Electric Delivery to provide street lights for Simmons Drive (Hawk Avenue between Mid- Cities Boulevard and the New Library) and Grand Avenue (Parker Boulevard to HealthMarkets) -Resolution No. 2008-043 E.2 PW 2008-018 Award of Bid in the Amount of $391,412.50 for the Construction of the Iron Horse Golf Course Drainage Improvements Project -Resolution No. 2008-044 F.0 GENERAL ITEMS F.1 PU 2008-023 Award Bid No. 08-029 for the Traffic Signalization for Mid Cities @ Winter Park to Roadway Solution in the Amount of $153,987.00 and Revise the 2007/2008 CIP Budget for Project ST0403 to $189,787. F.2 GN 2008-056 Consideration to Authorize the City Manager to Execute an Agreement to Allow Surveying of City Property by Texas Midstream Gas Company for Potential Gas Pipelines -Resolution No. 2008-036 F.3 GN 2008-066 Authorizing the Submittal for a Texas Parks and Wildlife Grant for the NRH Recreation Center -Resolution No. 2008-041 F.4 GN 2008-062 Appointment to Place 2 on Keep NRH Beautiful Commission, Alternate on Park and Recreation Board, Ex Officio on the Planning & Zoning Commission, Alternate on the Capital Improvement Advisory Committee and Place 3 on the Substandard Building Board F.5 GN 2008-065 Appointments to the Construction Code Board of Appeals F.6 GN 2008-067 Amending Chapter 2 of the Code of Ordinances and Amending the Regulations Concerning Records Management -Ordinance No. 3006 F.7 GN 2008-069 Approve Suspension of the August 8, 2008 Effective Date of Oncor Electric Delivery's Request To Increase Rates -Resolution 2008-042 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 IR 2008-080 CrimeReports.com H.2 Announcements -Councilman Welch H.3 Adjournment July 14, 2008 -City Council Agenda Page 4 of 5 All items on the agenda are for discussion and/or action. (;Prtific:atinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance w'th Chapter 551, Texas Government Code on July 11, 2008 at ~..'.~ _ r .,~ ~, sist~nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. July 14, 2008 -City Council Agenda Page 5 of 5 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 14, 2008 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-081 Public Service Officers (10 Minutes) A.3 IR 2008-082 Discussion of the 2008 Drainage Projects (30 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session Pursuant to Section 551.071 for Consultation with Attorney on Litigation - 1) Friend vs. NRH; 2) City of San Antonio, Texas, et al., v Hotels Com, L P ; 3) Eminent Domain Action against G&S Investment Company, Ltd for Acquisition of Easement at Glenview and Boulevard 26 B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) B.3 Executive Session Pursuant to Section 551.074 Texas Government Code, to Deliberate the Employment of Council Appointed Positions -City Attorney, City Secretary, City Manager, Municipal Court Judge C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-081 Date: July 14, 2008 Subject: Public Service Officers The North Richland Hills Police Department is excited to announce the introduction of the transformed Public Service Officer Program. Public Service Officers are civilian employees in the Police Department that are now being utilized in the Uniformed Services Division (Patrol Section). The purpose of the transformed Public Service Officer Program is to create greater efficiency and effectiveness of the department's police officers, allowing them more time to address matters, and overall police services to the community. The Public Service Officers will focus upon completing those tasks that do not require the services of a police officer. The five Public Service Officers will respond to non-emergency calls and crimes that have already occurred. They will compose reports of offenses and incidents either in person, by meeting with complainants, or by telephone. Public Service Officers will help facilitate the department's Beat Management Program, working closely with members of the public and the district police officers, to help address problems within the community. Public Service Officers will also actively assist police officers at major accident and crime scenes. Other duties performed by the Public Service Officers will include the collecting of fingerprints, investigating abandoned vehicles, and working to better manage parking complaints. All the Public Service Officers have received intensive training from the North Richland Hills Police Department's Field Training Unit. This is the same unit that prepares police officers for street-duty. Initially, each Public Service Officer has received in-depth classroom instruction in subjects such as the Penal Code, Department Policy, Communications, Report Writing, and City Geography. Secondly, the Public Service Officers were allowed an opportunity to hone their skills, with a training officer, by applying the lessons learned with actual "in-the-field" calls. The Public Service Officers will be clearly and easily identifiable. They will operate a blue Chevrolet Impala with a Department logo on both the driver's and passenger's doors. Their vehicle will be equipped with yellow overhead lights and flashing headlights. Their uniform will consist of a black shirt embroidered with the North Richland Hills police logo and their name, tan pants, black footwear, and a black, nylon duty belt. The citizens should begin seeing the PSO's in the field by August 1, 2008. Respectfully Submitted, Jimmy Perdue Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-082 Date: 7/14/08 Subject: Discussion of the 2008 Drainage Projects In response to the significant storm season we experienced in 2007, Public Works Staff received a record number of drainage-related complaints from NRH residents. The conditions experienced last spring and summer highlighted a number of drainage issues, which were documented and evaluated. Once identified, each drainage issue was analyzed by engineering staff to determine a possible remedy. The solutions to the drainage problems range from small-scale re-grading and culvert placement to the addition of hundreds of linear feet of storm drain pipe. Once a solution was proposed for each project, a cost estimate was created. A total of 12 potential drainage projects are currently proposed for consideration. A detailed explanation of each project is included in this report. Staff will provide a summary of each project at the work session and will be available to answer any questions. Staff evaluated all projects and each project was assigned either a Priority I or Priority II designation, Priority I being the more critical project designation. The categories are defined as follows: • Priority I projects include those situations where storm water runoff (typically from public rights-of-way) entered homes from undersized or absent storm drainage systems. These areas are subject to regular inundation during typical storm events (not just exceptional storms). • Priority II projects include a range of impacts, all of which are less severe than a Priority I project. The principal difference is that storm water does not enter the homes; however, there may be some water damage to structures on site such as accessory buildings or fences, loss of landscaping, dirty swimming pools, etc. This category also includes those known (studied) drainage system deficiencies with unreported property damage. The Priority I and Priority II projects are shown in Table 1 below in alphabetical order. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Table 1 2008-2009 DRAINAGE PROJECTS Project ~ Priority I Projects Homes Properties Flooded Affected Total Cost Briarwood Estates 3 19 $ 1,785,000.00 Brookhaven Drive 2 6 $ 280,000.00 Brookridge Drive 2 5 $ 120,000.00 Eden Road 3 6 $ 105,000.00 Odell Street 1 19 $ 630,000.00 Steeple Ridge offsite flume 2 7 $ 165,000.00 Sub Total: $ 3,085,000.00 Priority II Projects Project Homes Flooded Properties Affected Total Cost Crane Road /Main Street 0 8 $ 360,000.00 Heidelburg Court 0 1 $ 120,000.00 Jackie Lee 0 7 $ 780,000.00 Odell Channel Connection 0 1 $ 50,000.00 Plumwood Drive 0 2 $ 65,000.00 Stonybrooke Channel 0 0 $ 1,260,000.00 Sub Total: $ 2,635,000.00 Priorities I & II Total: $ 5,720,000.00 In order to investigate different levels of funding and different funding options the projects needed to be ranked within each category. The ranking of the projects would allow the city to select the highest ranking projects first. The number of projects completed any given year would depend on the funding level available for that particular year. After the initial evaluation of the projects based on type of impact, a method was sought by which the projects could be objectively ranked. A "Decision Matrix" was selected as the best method by which to achieve the desired objective ranking. What is it? A decision matrix is a chart that allows an individual to systematically identify, analyze, and rate the strength of relationships between sets of information. The matrix is especially useful for looking at large numbers of decision factors and assessing each factor's relative importance. It was clear that this tool would be ideal for evaluating these multi-faceted drainage projects because of the number and variety of factors to consider for each project. Hnw it wnrks• 1. Identify project alternatives. A total of 12 projects were included. These are listed down the left side of the matrix (the completed decision matrix is shown below). 2. Identify decision /selection criteria. The criteria are written so that a high score for each criterion represents a favorable rating and a low score represents an unfavorable result. In this case, there were 10 factors that engineering staff agreed were relevant to project selection. These are listed across the top of the matrix. They included considerations such as: a. Have homes flooded? (flood waters entered the dwelling) b. How many properties are affected? (properties were inundated with flood waters, causing moderate damage to fencing, etc.) c. What is the total project cost? 3. Assign weights. Some decision criteria are more important than others. Staff reviewed and agreed upon a weight range of 1-10 for the selection criteria, where `10' is most important and `1' would be a minor consideration. The matrix table below indicates staff's assigned weighting factors. 4. Design scoring system. Scores were assigned on a 1-5-10 scale for each criterion on a given project. Using a 1-5-10 scale instead of 1-2-3 scale provided a larger numerical "spread", resulting in a clearer ranking of the projects. In this case, the scores were: 1 =not favorable; not a consideration; below average 5 =neutral; minor consideration or impact; average 10 =favorable; major consideration; above average 5. Total the scores. Multiply the score for each decision criterion by its weighting factor. Then total the scores for each project being considered and analyze the results. The scores from the design matrix supported staff's initial evaluation of the projects by a fairly significant difference in score between the Priority I and Priority II projects. The following page contains a copy of the completed Decision Matrix for the 2008-2009 Drainage Projects. Decision Matrix By using the scores from the Decision Matrix and sorting the projects in order from the highest score to the lowest score, staff was able to objectively rank all 12 drainage projects. The project rankings are shown in Table 2 below. Table 2 2008-2009 DRAINAGE PROJECTS (Ranked using Design Matrix Score) Priority I Projects Project Homes Flooded Properties Affected Decision Matrix Score Total Cost Briarwood Estates 3 19 537 $ 1,785,000.00 Odell Street 1 19 519 $ 630,000.00 Eden Road 3 6 473 $ 105, 000.00 Brookridge Drive 2 5 472 $ 120,000.00 Steeple Ridge offsite flume 2 7 437 $ 165,000.00 Brookhaven Drive 2 6 437 $ 280,000.00 Sub Total: $ 3,085,000.00 Priority II Projects Project ~ Homes Flooded Properties Affected Decision Matrix Score Total Cost Plumwood Drive 0 2 293 $ 65,000.00 Jackie Lee 0 7 282 $ 780,000.00 Heidelburg Court 0 1 278 $ 120,000.00 Crane Road /Main Street 0 8 258 $ 360,000.00 Odell Channel Connection 0 1 185 $ 50,000.00 Stonybrooke Channel 0 0 174 $ 1,260,000.00 Sub Total: $ 2,635,000.00 Priorities I & II Total: $ 5,720,000.00 As shown in Table 2 above the projects are ranked in accordance of there matrix score. As funding becomes available the highest ranking projects in the Priority 1 category would be completed first. After all of the Priority 1 projects are completed in the order of there matrix score then staff would precede to the Priority 2 projects and complete in a similar fashion. Staff is investigating different funding options. One funding option would be to issue debt and pay the debt service with the Drainage Utility Fee. As Council is aware the Drainage Utility Fee is fee charged on the water bill for drainage improvements. Although the fee collected would not be enough to cover the cost for these projects it would be enough to pay the debt service for all of the projects identified as priority 1 projects. The main reason in ranking the individual projects is to allow the city flexibility to select projects based on the available funding. Below is a one page summary of each project. The summary includes a description of the problem, the proposed improvement plan, and the total estimated project cost. Briardale Drive Briarwood Estates Odell Street Smithfield to Davis Eden Road Brookridge Drive Steepleridge Flume Steepleridge Addition Brookhaven Drive Stonybrooke Addition Plumwood Drive Briarwood Estates Jackie Lee Heidelburg Court Drainage Flume Main Street / Crane Road Odell Street Channel Stonybrooke Channel Staff is currently working on next years Capital Projects Budget and is planning to recommend some of these drainage projects (depending on available funding) for Council's consideration. Since staff is certain that these projects will need to completed in at least two or three phases (due to staff and funding limitations) staff wants to make sure that Council is comfortable with the project ranking method used. We therefore are requesting Council to provide direction on the rankings of the projects. • Is Council in support of the project rankings as shown or does Council have suggestions for changes? • Would Council be in support of issuing debt to pay for some or all of these projects and paying the debt service with the Drainage Utility Fee? An overview of the drainage projects and the ranking method will be presented at the July 14, 2007 Work Session Meeting. Respectfully Submitted, Mike Curtis Director of Public Works CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation - 1) Friend vs. NRH; 2) City of San Antonio, Texas, et al., v Hotels.Com, L.P.; 3) Eminent Domain Action against G&S Investment Company, Ltd. for Acquisition of Easement at Glenview and Boulevard 26 CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Jared Miller Council Meeting Date: 7-14-2008 Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.074 Texas Government Code, to Deliberate the Employment of Council Appointed Positions -City Attorney, City Secretary, City Manager, Municipal Court Judge CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, July 14, 2008 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentations} and Recognitions) A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 17, 2008 City Council Work Session B.2 Approval of Minutes of the June 23, 2008 City Council Meeting 6.3 GN 2008-063 Resolution Authorizing the City Manager to Execute Documents, Contracts & Agreements -Resolution No. 2008-040 B.4 GN 2008-064 Rescheduling the August 25 Council Meeting B.5 PU 2008-024 Renew Bid # 07-1390 Annual Contract for Traffic Material for Public Works Department to Vulcan Signs Inc., Allied Tube & Conduit and Roadrunner Traffic Supply B.6 PU 2008-025 Renew Bid #07-1387 Annual Contract for Utility Materials to Main Line Supply Utility~Formerl~Eagle Underground) and Atlas Utility Supply for the Public Works Department B.7 PU 2008-022 Award Bid 2008-008 Northfield Park Playground Improvements to Recreation Consultants of Texas and Custom Swings of Texas in the amount of $90,021.00. B.8 PW 2008-016 Aaarove the Abandonment of a portion of an Ingress, Egress Water, Sanitary Sewer and Drainage Easement Located within The North Tarrant Crossing Development (Brentwood Estates Addition; Block 5, Lot 2R-1) - Ordinance No. 3004 C.0 PUBLIC HEARINGS C.1 ZC 2008-04 Public Hearing and Consideration of a Request from David Barfield to Approve a Zoning Change on 3 parcels of land: AG to R-2 (0.717 acres), AG to R-1-S (1.250 acres), and AG to O-1 (0.469 acres); located in the 6800 Block of Nob Hill Drive -Ordinance No. 3003 C.2 RP 2008-05 Public Hearing and Consideration of a Request from Cary Clarke Homes to Replat Lot 3R-1-BR and Lot 3R1-A, Block 1, Martin Acres Addition into Lots 1, 2, and 3, Block 1, Martin Acres Addition (Located in the 6800 Block of Nob Hill Drive). C.3 GN 2008-068 Public Hearing and Action on the Use of Little Bear Creek Park and JB Sandlin Park for Mineral Development D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS E.1 PW 2008-017 Approve Agreement and Payment in the amount of $48,988.73 to Oncor Electric Delivery to provide street lights for Simmons Drive (Hawk Avenue between Mid-Cities Boulevard and the New Library) and Grand Avenue (Parker Boulevard to HealthMarkets) -Resolution No. 2008-043 E.2 PW 2008-018 Award of Bid in the Amount of $391,412.50 for the Construction of the Iron Horse Golf Course Drainage Improvements Project -Resolution No. 2008-044. F.0 GENERAL ITEMS F.1 PU 2008-023 Award Bid No. 08-029 for the Traffic Signalization for Mid Cities (a7 Winter Park to Roadway Solution in the Amount of $153,987.00 and Revise the 2007/2008 CIP Bud;get for Project ST0403 to $189,787. F.2 GN 2008-056 Consideration to Authorize the City Manager to Execute an Agreement to Allow Surveying of City Property by Texas Midstream Gas Company for Potential Gas Pipelines -Resolution No. 2008-036 F.3 GN 2008-066 Authorizing the Submittal for a Texas Parks and Wildlife Grant for the NRH Recreation Center -Resolution No. 2008-041 F.4 GN 2008-062 Appointment to Place 2 on Keep NRH Beautiful Commission, Alternate on Park and Recreation Board, Ex Officio on the Planning & Zoning Commission, Alternate on the Capital Improvement Advisory Committee and Place 3 on the Substandard Building Board F.5 GN 2008-065 Appointments to the Construction Code Board of Appeals F.6 GN 2008-067 Amending Chapter 2 of the Code of Ordinances and Amending the Regulations Concerning Records Management -Ordinance No. 3006 F.7 GN 2008-069 Approve Suspension of the August 8, 2008 Effective Date of Oncor Electric Delivery's Request To Increase Rates -Resolution 2008-042 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A ends H.0 INFORMATION AND REPORTS H.1 IR 2008-080 CrimeReports.com H.2 Announcements -Councilman Welch H.3 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. A.1 Subject: Invocation -Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. B.1 Subject: Approval of Minutes of June 17, 2008 City Council Work Session Recommendation: To approve the minutes of the June 17, 2008 Council Work Session. MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE LIBRARY COMMUNITY ROOM, 9015 GRAND AVENUE, NORTH RICHLAND HILLS, TEXAS, JUNE 17, 2008 - 6:00 P.M. 1. CALL TO ORDER Mayor Trevino called the work session to order at 6:00 p.m. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Karen Bostic Managing Director Patricia Hutson City Secretary Larry Koonce Director of Finance Mark Mills Budget Director Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager Patrick Hillis Human Resources Director Mike Curtis Public Works Director Jimmy Perdue Police Chief John Pitstick Director of Planning & Development Absent: John Lewis Council, Place 1 2. DISCUSS PLANNING AND PROGRAM OF SERVICES FOR FISCAL YEAR 2008/2009 City Manager Cunningham outlined the agenda. Purpose of the work session is to provide information regarding the City's 2008/2009 preliminary budget, information on current and future issues that will affect city services and impact the budget and to receive input from Council on planning next year's program of services. During budget preparations, the Council's goals and priorities, data from the Citizen Survey and needs of the community were taken into consideration. Council was reminded that information being presented and discussed was very preliminary. Mr. Larry Koonce, Finance Director, presented information on fiscal year 2006/07 Fund Balances, the use of fund reserves and the rebuilding of reserves. Council was advised of some of the challenges faced to maintain and rebuild the reserve funds and successes in 2007 in rebuilding the reserves. Mr. Mark Mills, Budget Director, reviewed the 2007-2008 revised and year-to-date budget highlighting the 2008 revised vs. adopted budget revenues and expenditures for the General and Utility Funds and the major impacts to the revenues and expenditures. Mr. Koonce discussed with Council the preliminary tax roll for 2008, the distribution of tax revenues and how the estimated General Fund Tax Revenues are calculated. Mr. Koonce explained the effective tax rate and the preliminary calculation of the effective tax rate at 57 cents. Mr. Mills gave a brief overview of the fiscal year 2009 preliminary budget and a comparison was given of the 2008 adopted versus 2009 preliminary budget. Mr. Mills highlighted the impacts to revenues and expenses in the General Fund. Staff presented Council with the following current issues: • Texas Municipal Retirement System (TMRS) - Mr. Patrick Hillis, Human Resources Director, briefed the Council on the history of the Texas Municipal Retirement System, explaining the funding sources and recent policy changes by the TMRS board. Mr. Hillis discussed actuarial and investment policy changes and how the changes will impact North Richland Hills. Mr. Hillis compared North Richland Hills benefits and retirement costs with area cities and reviewed the City's current plan versus benefit options. Staff sought direction from Council on the following: 1) With the ability to fund, is Council interested in maintaining the current level of TMRS retirement benefits for employees and retirees? 2) Would Council like to adopt the 8-year phase-in option for calendar year 2009 while legislative changes are being considered? 3) If not, what benefit options would Council like Staff to analyze? 4) With the ability to fund, would Council want staff to consider voluntary contributions towards reducing the City's TMRS unfunded liability? After brief discussion by Council, the Council was interested in maintaining the current level of TMRS retirement benefits for employees and retirees. The Council was supportive of the 8-year phase-in option and building reserves to meet unfunded liabilities. • Discretionary Gas Franchise Fee Increase - Ms. Karen Bostic advised that pursuant to the recent Settlement Agreement, at a city's request, Atmos would approve the execution of or amendment to the city's franchise agreement to increase franchise fee payments. Currently the gas franchise fee is 4%, which equates to $375,000 to $400,000 in revenue to the General Fund per year. An increase of 1 % to the franchise fee would generate approximately $100,000 more per year. The increase in the franchise fee would be passed on to Atmos customers as an increase in their monthly bills. The increase to the franchise payment is discretionary and not mandatory. Staff sought direction from Council on whether they were supportive of modifying the franchise agreement with Atmos Energy to increase the franchise fee by 1 %. After brief discussion, Council was not supportive of an increase to the franchise fee that would pass on to the citizens. • Ambulance Fee Study - Mr. Miller presented information on the city's fees for ambulance service for residents and non-residents. EMS ambulance service fees are set by Council, and reviewed and adjusted annually based on the Consumer Price Index (CPI). The CPI adjustments have not kept pace with the rising costs of ambulance fees. A survey of area ambulance fees conducted by Fire Department Staff indicates that the City should consider a base fee increase to bring the City's ambulance fees in line with the fees charged for similar EMS ambulance services in the area. North Richland Hills base rates for residents/non-residents are $363/$495 compared to $778/$830 for communities with similar services. North Richland Hills does not charge for treat-no-transport calls and area communities average treat-no-transport fee is $206.00. The current calculation for cost per EMS call in NRH is $809.00. Staff proposes to structure the ambulance fees based on a percentage of cost recovery. Staff sought direction from Council on 1) whether they were comfortable with increasing EMS ambulance fees; 2) is the average of the comparison communities an acceptable rate to charge; and 3) is Council comfortable with a fee for treat-no-transport calls. After discussion by the Council, Council was agreeable to increasing EMS ambulance fees and the consensus was that there should also be a fee for treat-no-transport calls. Council was in favor of phasing the resident fee increase over a two to three year period with a goal of 60% cost recovery. Council was also in favor of a 67% cost recovery for non-residents and felt it should be comparable to the surrounding cities. • Preventive Street Maintenance Program - Mr. Mike Curtis, Public Works Director, presented information on the Preventive Street Maintenance Program. For the past few years, Council has approved $800,000 for the program with the intent of using the additional funds to make improvements to more streets. Inflation and rising construction costs have affected the number of streets improved through the program. Since 2006, there has been a 55% increase in asphalt, 24% increase in concrete, 10% increase in curb and gutter and an 8% increase in slurry seal. If inflation continues as it has, it will take $900,000 to complete the same number of lane miles in 2009 as $800,000 completed in 2008. Staff has tentatively budgeted $800,000 for the program in the fiscal year 2008/2009 preliminary budget. Council was asked 1) if revenues are available, would Council like to fund the program at the same level as current year ($800,000) or fund at a higher level; and 2) if Staff cannot find excess of $800,000 in the General Fund for the Program, is Council receptive to using alternate funding sources. Council discussed the streets included in the average overall street rating (newly developed streets, reconstructed streets under the Bond Program, and the Preventive Maintenance Program) and suggested Staff consider removing newly developed streets from the overall street ratings or developing a neighborhood street condition rating. Council felt that the Program should be funded for at least $900,000. • Recreation Center (Cost Recovery, Cost of Operations) - Mr. Miller discussed with Council the new Recreation Center to be located south of Mid Cities, north of Boulevard 26. Funding for maintenance and operations of the new facility will be derived from memberships and fees, the current level of funding in the General Fund, and Parks '/2 Cent Sales Tax. The Executive Summary of the Leland Study suggested a 75% cost recovery for the new facility. To achieve this level of cost recovery, pricing of memberships and programs will need to be established accordingly. The Professional Services Agreement with Brinkley Sargent Architects (BSA) includes Financial Feasibility and Business Modeling with projected expenses and revenues based on the design and mix of amenities. The membership rates will be based on projected expenses/revenues in 2010 for the new facility. At the future facility, all rates will need to be adjusted to achieve the 75% cost recovery and the rates are projected to be substantially higher than the current rate of $75.00. Council was asked if they would continue to support the 75% cost recovery goal. After discussion, the Council concurred with continuing to support the 75% cost recovery goal. Mayor Trevino recessed the work session at 8:10 p.m. and called the work session back to order at 8:16 p.m. with same members present as previously recorded. • Replacement of Network and Communications Infrastructure - Ms. Bostic advised of a proposed capital project that consists of replacing the City's network and telephone hardware. The current network hardware is five years old and is no longer being manufactured. The City's phone system is ten years old and the manufacturing of the system and parts was discontinued shortly after it was installed. The City installed Cisco equipment at the new Library positioning the City to standardize on Cisco equipment for the remainder of its facilities. Council was advised of the benefits to replace both systems at the same time and asked if Council would be supportive of combining both projects into one. After brief discussion by Council, the Council concurred with combining the two projects. • Rail Initiatives - Mr. Curtis presented information on initiatives for passenger rail service. The Southwest-to-Northeast Transportation Corridor Study evaluated the potential implementation of various transportation technology options from new freeways, to new High Occupancy Vehicles lanes, to bus route expansion, to rail technologies. The study culminated in the determination of a Locally Preferred Alternative (LPA) which was the addition of a passenger rail system along DARTS's current Cottonbelt rail line. The Environmental Impact Statement is anticipated to be completed in June 2008 and a 45-day public comment time period will begin thereafter. The current timeline for initial passenger rail service in this corridor is late 2012 to early 2013. The main hurdle to adding passenger rail service on the existing Cottonbelt line is the costs involved for implementation and the continued costs of maintenance and operations for this service. Council was advised of funding challenges. Mayor Trevino further explained funding options under consideration by Rail North Texas, a subcommittee of the Regional Transportation Council. Options under consideration by the subcommittee are increase in the sales tax, a gas sales tax, a motor vehicle sales tax, increase in the motor vehicle registration fee, a local option gas tax, a vehicle miles driven tax, a new resident impact fee, a transportation property tax and local subsidy options. Council was asked if they have a preference for the currently considered funding options or if they are opposed to any of the currently considered funding options. Council did not indicate any preferences or opposition to the options presented. • Sustainable Development Planning -Mayor Trevino asked Mayor Pro Tem Turnage to chair the discussion on this item and advised that he will abstain from discussion because his wife owns land in the area. Mr. Pitstick presented information on planning efforts for future commuter rail access and a transit oriented mixed-use district around the future Iron Horse and Smithfield rail sites. Council was asked if they wanted to set aside additional funds for land and development for future rail sites and if Council would be interested in other funding options for capital improvements at future rail sites (bond packages, TIF district, regional grants). After discussion, Council concurred with setting aside additional funds for land and development for future rail sites. Council was in favor of looking at other funding options and Staff will bring back additional information for Council to consider. Mayor Trevino resumed as Chair of the work session on completion of the discussion of item. • TIF #1 Expansion Efforts - Mr. Koonce updated the Council on the possible expansion of TIF #1. Staff received consensus from Council at the January 2008 Council meeting to proceed with developing a project plan and financing plan and to meet with all taxing entities to obtain participation in the expansion. The Mayor and City Manager met with BISD and Tarrant County College and interest was expressed in further exploring expansion efforts. Staff met with representatives from Tarrant County and Tarrant County Hospital District and also received favorable reactions to the expansion. Tarrant County representatives suggested consideration be given to a larger expansion of the TIF boundaries and extending the timeframe beyond the remaining 10 years. As a result of the meeting with Tarrant County officials, Staff explored expanding TIF boundaries to include all commercial properties in the Boulevard 26 corridor area (except North Hills Hospital and Calloway Creek property) from the southern City limits to Loop 820 increasing TIF property area from 211 to 392 acres. This will increase the potential growth of property values from $12 million to over $30 million in 10 years. The increased property values increased the capacity of public projects from $2 million to $3.5 million. The City's bonding attorneys have advised that the timeframe cannot be extended beyond its original length. Council was presented with two options for the TIF #1 expansion. Option #1 places emphasis on burying utilities and improving two major intersections for a total of $3.5 million. Option #2 places emphasis on major intersections and gateways for a total of $3.5 million. Council was asked if the City should recommend extending the TIF #1 boundaries to include all commercial properties in Boulevard 26 corridor area (except North Hills Hospital and Calloway Creek property) from southern city limits to Loop 820 and was Council in favor of pursuing TIF #1 Expansion for Option 1 or Option 2. After discussion, Council was in favor of extending the TIF #1 boundaries to include all commercial properties in the Boulevard 26 corridor area with the exception of North Hills Hospital and Calloway Creek property. Council was also supportive of Option #1. • Public Facilities South of Loop 820 - Mr. Miller discussed with Council the former Food Lion Building. The site was acquired with the intent of providing various community services. In 2006 the facility was damaged by copper theft. Council was advised of the claim filed with TML-Intergovernmental Risk Pool for damages. The original claim amount was $445,590.25 of which the City has received $254,534.74. The City has a $25,000 deductible, resulting in a potential remaining balance of $167,055. The remaining balance will only be paid to the City upon repair or replacement of the damage. The City is to provide TML Risk Pool with a copy of the contract and construction plans and will need to submit appropriate documentation showing expenses incurred and progress to date for further consideration of the remaining balance to be paid. Staff discussed with Council the architect's preliminary plans for a Community Center at this location and estimated project cost. Staff advised they have also obtained a geotechnical study to evaluate the movement that has occurred within the building and a structural engineer's evaluation. Staff requested direction from the Council on the following: 1) In order to have an opportunity to receive the balance of the damages, the City will need to prepare design and construction documents and move forward with site development. Does Council wish to move forward with a project; and 2) Is Council comfortable using the current insurance proceeds to fund the engineering and design of a community facility? Council discussed the facility and was supportive of doing something with the facility, but requested additional information for further evaluation. Council questioned what the cost would be to demolish the building and build a new facility and suggested that Staff explore the feasibility of covering the cracked slab with a false deck. Council was comfortable with using the insurance proceeds to fund the engineering and design. Staff presented Council with the following future issues: • South Holiday District Improvement Program - Ms. Reining discussed with Council a program that would emphasize preservation of the South Holiday District neighborhoods. Several city departments would work together in the district to maintain the infrastructure and work with the homeowners to renovate their homes and target houses in need of repairs by connecting homeowners with volunteer groups and the Neighborhood Improvement Program. The Council was agreeable to concentrating preservation efforts in the South Holiday District. • Property Tax Caps/ Restrictions on Appraisals - Ms. Bostic informed Council of the continued threat of legislation being introduced that will limit the amount of revenues cities could earn, place caps on the amount of property taxes that could be raised and place restrictions on appraisals, including a reduction of the amount appraisal could increase per year. Council was agreeable to the City continuing the strategy of opposing revenue and appraisal caps that will be introduced in the next legislative session. • Legislation Allowing Multijurisdictional TIFs - Ms. Bostic advised Council that Staff would like to seek legislation in the 2009 legislative session to allow inter- city TIFs to help fund projects such as the one between North Richland Hills and Richland Hills along Boulevard 26. Currently State law does not allow a TIF to cross city limit boundaries. A TIF between two cities could fund projects along common boundaries. Council was supportive of Staff moving forward with introducing legislation that would allow inter-city TIFs. • H.R. 980 the Public Safety Employer-Employee Cooperation Act of 2007 - Ms. Bostic advised of legislation introduced in 2007 that would grant collective bargaining rights to public safety employees, including law enforcement officers, firefighters and emergency medical services personnel. The House has passed the legislation and it is currently pending in the Senate. The City believes that H.R. 980 is a duplication of similar legislation known as Meet and Confer passed during the 79t" Texas Legislative session and that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. Council was supportive of Staff and the City's consultants continuing the strategy of opposing collective bargaining at the Federal level of government. 3. ADJOURNMENT Mayor Trevino adjourned the work session at 9:41 p.m. APPROVED: Oscar Trevino -Mayor ATTEST: Patricia Hutson -City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. B.2 Subject: Approval of Minutes of the June 23, 2008 City Council Meeting Recommendation: To approve the minutes of the June 23, 2008 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - JUNE 23, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23rd day of June, 2008 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jared Miller Assistant City Manager Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Thomas Powell Director of Support Services Vickie Loftice Parks & Recreation Director Andy Jones Fire Chief Jimmy Perdue Police Chief Mark Mills Budget Director Dave Pendley Building Official Eric Wilhite Chief Planner Sean Hughes Emergency Management Coordinator Jamie Brockway Purchasing Manager Absent: David Whitson Council, Place 5 Karen Bostic Managing Director Call fn Order Mayor Trevino called the work session to order at 5:31 p.m. A.1 Discuss Items from Regular City Council Meeting Councilman Sapp referred to Agenda Items F.2 & F.3 and asked for a brief explanation of the difference between an ordinance and resolution. The City Manager advised that that Item F.2 was being removed from the agenda for additional review of some of the language. At the request of Council and with regards to an article in the Star Telegram over the weekend, Attorney George Staples briefly explained eminent domain powers of pipeline companies. A.2 IR 2008-075 Hurricane Preparedness Sheltering Update (10 Minutes) Sean Hughes, Emergency Management Coordinator, updated the Council on the City's preparedness for the 2008 Hurricane season. Council was advised that the City has sheltering agreements with two faith-based organizations in the City that can meet the basic needs of evacuees and their pets. Council was advised of Federal and State requirements for the sheltering of pets and other sheltering requirements that must be available. The City has participated in exercises with the State of Texas and Gulf Coast cities and will continue to be involved in regional activities. A.3 IR 2008-074 Membership in the Texas High Speed Rail and Transportation Corporation (THSRTC~~5 Minutes) Mr. Cunningham and Councilman Welch presented the item. Council was advised this item was a follow up to the May 27 Council Meeting at which David Dean with Dean International and Tarrant County Commissioner Gary Fickes discussed with Council the Texas High Speed Rail and Transportation Corporation (THSRTC). Following the Council meeting, the City Manager and Councilman Welch met with Commissioner Fickes and Mr. Dean to discuss further THSRTC and the City's possible membership in the corporation. Council was advised of the advantages to the City if the City chose to participate in the corporation. To become a member the City would pay $12,500 in annual dues starting on October 1 and could opt out at anytime. The City would have one voting delegate in the corporation. Other city officials would be able to attend the THSRTC meetings, but the City would only have one vote. Councilman Welch and Mr. Cunningham recommended to the Council that the City join THSRTC and designate a Council member to represent the City as the voting delegate. The Council consensus was to join THSRTC and to designate Councilman Welch as the City's voting representative. A.4 IR 2008-077 Discuss Rescheduling the August 25 Council Meeting (5 Minutes) Mr. Cunningham advised Council of the need to reschedule the August 25 Council meeting. Staff is recommending the meeting be rescheduled to Tuesday, August 26. The first public hearing on the tax rate and the public hearings on the budget, Crime Control District and Park Development Corporation will be held at this meeting. Council was also advised that State law requires that when a proposed tax rate exceeds the effective tax rate, two tax rate hearings must be held. The second public hearing cannot be held before August 29 or later than September 9. Staff is also recommending that the second tax rate hearing be held on Tuesday, September 2. The consensus of Council was to reschedule the August 25 Council meeting to Tuesday, August 26 and to hold the second public hearing on Tuesday, September 2. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral LeasesZ B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney on threatened litigation: The Venue B.3 Executive Session: Pursuant to Section 551.072, Texas Government Code to discuss the purchase, exchange or value of real property necessitated by the Loop 820 widenincLproject Mayor Trevino announced at 5:53 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the Texas Government Code, Section 551.072 to deliberate the lease of city property -mineral leases and to discuss the purchase, exchange or value of real property necessitated by the Loop 820 widening project and pursuant to Section 551.071, for consultation with Attorney on threatened litigation - The Venue. C.0 Adjournment Mayor Trevino announced at 6:42 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order June 23, 2008 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Scott Turnage Tim Welch Staff: Larry J. Cunningham Jared Miller Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) YARD OF THE MONTH AWARDS Ms. Holly Bullington, Keep NRH Beautiful Commission Member and Councilman Welch recognized the following Yard of the Month recipients: Mike & Carol McMahan, 3836 Diamond Loch West; Beryl T. Adams, 7020 Shauna Drive; Larry & Cheryl Plunkett, 6312 Meadowlakes Drive; Alice McKittrick, 5536 Scott Drive; R. J. Jiuliante Jr., 8209 Pearl Street; Rosalro & Teresa Miranda, 6800 Hewitt Street; Edwin & Tammy Gill, 9205 Grace Court; Scott Reddoch, 7901 Forest Lakes Court; Tim & Barbara Johnson, 8212 Beverly Drive. Dr. Rod Munsell, Veterinarian, Neighborhood Pet Health Center, 8301 Davis Boulevard was recognized as the Business Landscape Winner. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) PROCLAMATION FOR NATIONAL RECREATION AND PARKS MONTH - A SHORT VIDEO WILL FOLLOW THE NATIONAL RECREATION AND PARK MONTH PROCLAMATION Councilwoman Compton presented the proclamation for National Recreation and Parks Month to Ms. Vickie Loftice, Parks and Recreation Director, Ms. Sharon Davis, Assistant Director, Mr. Bill Thornton, Assistant Director and Mr. Tom Lombard, Park Board Member. Ms. Loftice recognized the Parks and Recreation staff. Ms. Loftice also recognized some of the youth who have been participating in the City's Parks programs. A short video was presented showing 31 ways to enjoy Parks and Recreation. A.5 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 9, 2008 CITY COUNCIL MEETING B.2 GN 2008-050 APPROVE AGREEMENT WITH TARRANT COUNTY TAX ASSESSOR/COLLECTOR FOR THE COLLECTION OF CITY PROPERTY TAXES -RESOLUTION NO. 2008-034 B.3 PU 2008-019 AWARD BID #08-033 INTERIOR PAINTING -CITY HALL TO ARTISTIC PAINTING CO. IN THE AMOUNT OF $51,672.00 B.4 PU 2008-020 RENEW ANNUAL CONTRACT FOR AUDIT SERVICES WITH PATILLO, BROWN & HILL, LLP B.5 GN 2008-051 APPROVE AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND MOTOROLA, INC. FOR THE COMMUNICATIONS SYSTEM UPGRADE -RESOLUTION NO. 2008-035 B.6 PU 2008-021 AWARD THE CARPET REPLACEMENT PROJECT FOR CITY HALL TO SHAW INDUSTRIES AND INTERFACE AMERICA IN THE AMOUNT OF $78,496.20 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED T-O. PUBLIC HEARINGS C.1 RP 2007-06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SCOTT BOZARTH AND DAVID AUSTIN TO APPROVE A REPEAT OF LOT 1 AND LOT 3-R, BLOCK 11, MEADOW LAKES ADDITION PHASES 3 & 4 INTO LOTS 1-R & 3-R1, BLOCK 11 (LOCATED IN THE 6300 BLOCK OF SKYLARK CIRCLE - 0.604 ACRES AND 0.415 ACRES RESPECTIVELY) (CONTINUED FROM THE JUNE 9, 2008 CITY COUNCIL MEETING) APPROVED Mayor Trevino advised the public hearing was continued from the June 9, 2008 Council Meeting and called on the applicant to present the case. Mr. Scott Bozarth and Mr. David Austin, applicants, presented their request for a replat of Lot 1 and Lot 3-R in Phase 3 & 4, Block 11 of the Meadow Lakes Addition into two larger lots designated as Lots 1-R and 3-R1. The replat will allow the applicants to build a house meeting the existing zoning requirements. Mr. Eric Wilhite, Chief Planner, presented the case summary and the Planning and Zoning Commission's recommendation to approve the replat. Mayor Trevino called for comments for or against the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WELCH MOVED TO APPROVE RP 20.07-06. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. C.2 TR 2008-01 A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE NORTH RICHLAND HILLS ZONING ORDINANCE BY AMENDING SECTION 118-723, GARAGE SALES, AND AMENDING CHAPTER 18 BUSINESS BY ADDING A SECTION TO INCLUDE PROVISIONS FOR INDIVIDUAL RESIDENT GARAGE SALES AND NEIGHBORHOOD GARAGE SALES -ORDINANCE NO. 2996 APPROVED Mayor Trevino opened the Public Hearing. Ms. Elizabeth Reining, Assistant to City Manager, presented the case. During recent work sessions, Council discussed amendments to the existing garage sale permit regulations. The recommendations discussed with Council were brought forward to the Planning and Zoning Commission for discussion, review and recommendation. The Planning and Zoning Commission recommended approval of the amendments at their June 5 meeting. The proposed amendments will give flexibility to provide opportunities for residents that wish to have group garage sales in neighborhoods with homeowners' associations and without homeowners' associations. The proposed language for neighborhood garage sales is as follows: A recognized homeowners association or organized neighborhood group may conduct one neighborhood garage sale per calendar year, with no sale period extending for more than two consecutive calendar days. If no homeowners association exists, the applicant must show that six or more homes in a contiguous area will participate in the event. Participation in a neighborhood garage sale will not affect an individual property owner's right to his allowed garage sales. The garage sale provisions are also being relocated from the Zoning Ordinance to Chapter 18 of the Code of Ordinances. Mayor Trevino called for comments in favor of or against the proposed amendments. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COI~NCILMAN COMPTON MOVED TO APPROVE TR 2008-01, ACCEPTING THE PLANNING ZONING COMMISSION'S RECOMMENDATION TO APPROVE THE AMENDMENTS AND APPROVE ORDINANCE NO. 2996. COUINCILMAN SAPP SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-I~. PLANNING & DEVELOPMENT D.1 FP 2008-03 CONSIDERATION OF A REQUEST FROM THE BIRDVILLE INDEPENDENT SCHOOL DISTRICT TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, CAREER AND TECHNOLOGY ADDITION AND APPROVE B.I.S.D. AGREEMENT (LOCATED IN THE 7000 BLOCK OF MID-CITIES BLVD. -14.894 ACRES) APPROVED This item was tabled at the request of the applicant during the June 9, 2008 Council meeting. Councilwoman Compton left the Council dais. Councilwoman Compton is employed by the Birdville Independent School District and is abstaining from discussion and vote. An affidavit of disqualification has been completed by Councilwoman Compton and filed with the City Secretary stating the nature of the interest is she is a central office administrator of Birdville /SD. Mr. Victor Baxter, Schrickel Rollins and Associates and representing the School District, came forward. Mr. Baxter advised representatives from HKS Architects and Birdville I.S.D. were also present. The applicant is final platting a 14.894 acre tract for the development of a Career and Technology School. The item was tabled at the June 9 meeting due to issues with traffic and signalization. Ms. Linda Anderson, Principal for the Career and Technology School, addressed the capacity of the school and the traffic patterns of the students. Ms. Anderson and Mr. Baxter addressed questions from the Council on future capacity of the school and the second driveway. Mr. Eric Wilhite, Chief Planner, presented a summary of the issues. The plat meets all of the subdivision rules and regulations, and includes an agreement between the School District and City for the purpose of providing for the delayed installation of a traffic signal at the intersection of Mid-Cities Boulevard and the proposed development's drive access at Mid-Cities Boulevard. The agreement also includes provisions to allow the construction and use of an additional access drive onto Dick Fisher Drive West subject to certain conditions. The agreement has been revised to address the concerns expressed by the Council during the June 9 meeting. MANOR PRO TEM TURNAGE MOVED TO APPROVE FP 200$-Q3, APPROVING THE PLAT AND THE AGREEMENT. VOUNGILMAN VIIELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0; COUNCILWOMAN vOMPTON ABSTAINING. Councilwoman Compton returned to the Council dais. D.2 GN 2008-047 CONSIDERATION OF ADOPTING THE 2006 INTERNATIONAL BUILDING CODE AS AMENDED -ORDINANCE NO. 3000 APPROVED Mayor Trevino advised Council would hear the presentations for Agenda Items D.2, D.3. and D.4 together, but would vote individually on the items. Mr. Dave Pendley, Building Official, presented the 2006 International Building Code as amended and highlighted some of the changes to the Building Code. The Construction Code Board of Appeals (Technical Code Review Committee) reviewed the 2006 International Building Code with the proposed amendments and recommends adoption. Fire Chief Andy Jones presented the 2006 International Fire Code as amended and highlighted some of the changes to the Fire Code. The Construction Code Board of Appeals (Technical Review Committee) reviewed the 2006 International Fire Code and recommends adoption along with the included local additions, deletions and amendments. Mr. Dave Pendley, Building Official, presented the 2005 National Electrical Code as amended and highlighted some of the changes to the Electrical Code. The Construction Board of Appeals (Technical Review Committee) reviewed the 2005 National Electrical Code with the proposed amendments and recommends adoption. COUNCILMAN LEWIS MOVED TO APPROVE GN 2008-047 APPROVING THE RECOMMENDATION OF THE TECHNICAL CODE REVIEW COMMITTEE AND STAFF TO ADOPT THE 2006 INTERNATIONAL BUILDING CODE, ORDINANCE NO. 3000. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. D.3 GN 2008-048 CONSIDERATION OF ADOPTING THE 2006 INTERNATIONAL FIRE CODE AS AMENDED -ORDINANCE NO. 2999 APPROVED Item was presented with Agenda Item D.2. COUNCILMAN SAPP MOVED TO APPROVE GN 2008-048, APPROVING THE. RECOMMENDATIONS OF THE TECHNICAL CODE REVIEW COMMITTEE AND STAFF AND ADOPT THE 2006r INTERNATIONAL FIRE CODE} ORDINANCE NO. 2999. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED "T-0. D.4 GN 2008-049 CONSIDERATION OF ADOPTING THE 2005 NATIONAL ELECTRICAL CODE AS AMENDED -ORDINANCE NO. 2998 APPROVED Item was presented with Agenda Item D.2. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008-04~, APPROVING THE RECOMMENDATION OF THE TECHNICAL CODE REVIEW COMMITTEE AND ADOPT THE 2.005 NATIONAL ELECTRICAL CODE,.. ORDINANCE NO. 2998. COUNCILMAN 1IVELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. PUBLIC WORKS No items for this category. GENERAL ITEMS F.1 GN 2008-057 CONSIDER ACCEPTANCE OF A TEXAS GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT GRANT IN THE AMOUNT OF $235,500.00 FOR PURCHASE OF EQUIPMENT TO ENHANCE THE EXPLOSIVES RESPONSE TEAM AND PROVIDE FUNDING FOR URBAN SEARCH AND RESCUE TRAINING APPROVED Mr. Sean Hughes, Emergency Management Coordinator, presented the item. The City has been awarded a grant from the Governor's Division of Emergency Management, Urban Area Security Initiative (UASI) to purchase equipment to enhance the Northeast Explosives Response Team and fund Urban Search and Rescue Training. From the grant, $200,000 will fund the purchase of a live scan x-ray unit, a new explosives robot, and upgraded breathing apparatus. The amount of $35,000 was granted to fund training for personnel training related to Urban Search and Rescue. MAYOR PRO TEM TURNAGE MOVED TO APPRC?VE GN 2008057, ACCEPTING THE TEXAS GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, E.~RBAN AREA SECURITY INITIATIVE (UASI~ GRANT. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2008-056 CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ALLOW SURVEYING OF CITY PROPERTY BY CHESAPEAKE ENERGY FOR POTENTIAL GAS PIPELINES - RESOLUTION NO. 2008-036 POSTPONED Mayor Trevino advised that some of the language in the agreement was still being reviewed and that the item will be postponed until the next Council meeting. F.3 GN 2008-058 CONSIDER APPROVAL OF A RESOLUTION ENCOURAGING ALIGNMENT OF NATURAL GAS PIPELINES WITHIN EXISTING EASEMENTS AND ROADWAY CORRIDORS AND NOT IN CONFLICT WITH RESIDENTIAL NEIGHBORHOODS OR PRIME DEVELOPMENT AND REDEVELOPMENT PROPERTIES WITHIN NORTH RICHLAND HILLS -RESOLUTION NO. 2008-037 APPROVED John Pitstick, Director of Planning and Development presented the item. City Staff continues to receive plans for new gas drilling sites and new gas pipelines throughout the community as a result of North Richland Hills' location within the Barnett Shale. Recently, staff heard from several property owners who have been approached by gas pipeline companies about acquiring pipeline easements across private property. Gas pipeline companies have legal rights to acquire property as a public utility. Staff has prepared a resolution at the request of Council stating the City's position concerning the future gas pipelines. The resolution encourages an open dialog with property owners, placement of pipelines away from residential neighborhoods, placement on the periphery of prime commercial tracts and burying pipelines a minimum of five feet deep to allow for future utility development on private properties. COUNCILMAN WELCH MOVED TO APPROVE GN 2008-058; RESOLUTION NO. 2008-037.. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 GN 2008-053 APPOINTMENTS TO ANIMAL CONTROL SHELTER ADVISORY BOARD -PLACES 2 AND 4 APPROVED Mayor Trevino stated that items F.4 through F.8 are appointments to the Boards and Commissions and asked that Patricia Hutson, City Secretary present each and then Council would take action on each. Patricia Hutson, City Secretary presented the item. The individuals serving in Places 2 and 4 on the Animal Control Shelter Advisory Committee terms of office will expire on June 30. The ordinance establishing the Committee states that the appointment to Place 2 shall be a city official and the appointment to Place 4 shall be a representative from an animal welfare organization. Currently serving in Place 2 is Councilman John Lewis and serving in Place 4 is Pam Burney, who is Vice President of National Outreach with the American Society for the Prevention of Cruelty to Animals. Both of these positions are two-year terms of office. COUNCILMAN VNELCH MOVED TO APPROVE THE REAPPOINTMENTS. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED T-O. F.5 GN 2008-054 APPOINTMENTS TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION -PLACES 1, 3, 5 AND 7 APPROVED Ms. Patricia Hutson, City Secretary presented the item. The terms of office for the Board Members serving in Places 1, 3, 5 and 7 on the Park and Recreation Facilities Development Corporation expired on May 1, 2008. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1-4 are designated for Council Member Directors and Places 5-7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve on this Board. The places with expired terms are: Place 1 - Council Member Director (Councilman Whitson -incumbent) Place 3 - Council Member Director (Mayor Trevino -incumbent) Place 5 Citizen Member Director (Park Board Member Tracye Tipps - incumbent) Place 7 Citizen Member Director (Park Board Member Brad Green - incumbent) COUNCILMAN LEWIS MOVED TO APPROVE ~~N 2008-054 TO REAPPOINT THE INCUMBENTS TO THE PARK AND RECREATION. FACILITIES DEVELOPMENT CORPORATION BOARD. ErOUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.6 GN 2008-052 APPOINTMENTS TO CIVIL SERVICE COMMISSION - PLACES 1, 2, 4 AND EX OFFICIO APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for the individuals serving in Places 1, 2, 4 and Ex Officio on the Civil Service Commission expire June 30, 2008. The Charter stipulates that these appointments are mayoral appointments with confirmation by two-thirds vote of the Council. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Sally Bustamante term expires 6/30/2009 Place 2 September Daniel term expires 6/30/2009 Place 4 Dick Bartek term expires 6/30/2010 Ex Officio Tony Radar term expires 6/30/2010 Ex Officio Brent Barrow term expires 6/30/2010 COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008-t~52; THE APPOINTMENTS TO THE CIVIL SERVICE COMMISSION, PLACES '1, 2, 4 AND EX-OFFICIO. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.7 GN 2008-059 APPOINTMENTS TO RED LIGHT CAMERA ADVISORY COMMITTEE APPROVED City Secretary Patricia Hutson presented the item. In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Mayor and Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2009. Mayor Trevino Councilman Lewis Councilman Sapp Councilwoman Compton Councilman Barth Councilman Whitson Mayor Pro Tem Turnage Mike Witt Tito Rod rig uez Scott Wood Scott Eager Steve Koo n s Tom Lombard Pam Hansen Councilman Welch will submit the name of his appointment at a future council meeting. COUNCILMAN SAPP MOVED TO APPROVE GN 2008-059 APPOINTMENTS TO THE RED LIGHT ADVISORY COMMITTEE COUNCILMAN EARTH SEGONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0. F.8 GN 2008-055 APPOINTMENTS TO BOARDS & COMMISSIONS APPROVED Patricia Hutson, City Secretary presented the item. The terms of office for the individuals serving on the Boards and Commissions in Places 2, 4, 6 and Alternate / Ex Officio expire June 30. For the boards listed below, Chapter 2, Article III, Section 2- 121 c of the Code of Ordinances states that the City Council will act upon Council member nominations. The terms of office will expire June 30, 2010. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Place 4 Doris Tipps Place 6 Kathy Luppy Alternate Dianna Spradling Board of Adjustment Place 2 Tito Rodriguez Place 4 Fonda Kunkel Place 6 Bill Gibbs Library Board Place 2 David Nelson Place 4 Kay Schmidt Place 6 Mike Madar Alternate Kathy Antropik Park and Recreation Board Place 2 Tom Lombard Place 4 Marlin Miller Place 6 Jay Crane Planning & Zoning Commission and Capital Improvement Advisory Committee Place 2 Mike Benton Place 4 Randy Shiflet Place 6 Bill Schopper Substandard Building Board Place 2 Thomas Moreau Place 4 Philip E. Orr, Jr. Place 6 Brian Crowson Teen Court Advisory Board Place 2 Janet Golightly Place 6 Karen Russell ~+OUNGILMAN LEWIS MOVED TO APPROVE REAPPOINTMENTS TO THE BOARD AND COMMISSLON; GN 2005-055. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-O. F.9 GN 2008-060 ORDINANCE TO ESTABLISH PROCEDURES FOR RECOGNITION OF VESTED RIGHTS -ORDINANCE NO. 3001 APPROVED George Staples, City Attorney presented the item. This ordinance is to establish procedures for the recognition of vested rights by those who seek to develop without conforming to current requirements. It references Chapter 245 of the Texas Local Government Code although it is broader and applies to any situation in which vested rights are claimed. It allows the City to establish ending dates of plans and plats that would establish vested rights or the right to develop under previous ordinances. It also establishes a procedure where the City will be notified when a person wants to develop under vested rights and have a determination before permits are sought or zoning applications are heard or plats considered. MAYOR PRO TEM TURNAGE MOVED TO APPROVE GN 2005-060, ORDINANCE NO. 300'1. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA ITEM #1: DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) RESOLUTION NO. 2008-038 APPROVED Jared Miller, Assistant City Manager presented the item. DDJET has approached the City with interest in extending the mineral leases at the Northfield Park (53.398 acres) and the Richfield Park (42.49 acres). The lease terms are $20,000 per acre, 25% royalties and a 3 year lease term. The extended leases will expire on June 20, 2011. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2005-035, IIIIAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. ITEM #2: CONSULTATION WITH ATTORNEY ON THREATENED LITIGATION -THE VENUE No action needed. ITEM #3: DISCUSS THE PURCHASE, EXCHANGE OR VALUE OF REAL PROPERTY NECESSITATED BY THE LOOP 820 WIDENING PROJECT APPROVED COUNCILMAN SAPP MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACTS AND AGREEMENTS FOR ALL LEGAL REPRESENTATION AND OTHER PROFESSIONAL SERVICES REQUIRED TO REPRESENT THE CITY OF NORTH RICHLAND HILLS CONCERNING PROPERTY AFFECTED BY THE EXPANSION OF LOOP 820. COUNCILMAN E3~ARTH SECONDED THE MOTION. MOTION TO APPRO~/E CARRIED 7~-0. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. Dive-in Movies continue on Friday nights at NRH2O. Join us on June 27 for "The Water Horse" and July 4 for "E.T." Dive-in Movies are free with paid admission to the park. For more details, please call 817-427-6500. Join us on July 4th for the Quad Cities Family 4th Fireworks Show. The fireworks start at 9:30 p.m. They can be viewed from Wiley G. Thomas Coliseum in Haltom City and the ATI Career Training Center located off of Boulevard 26 in North Richland Hills. Parking is free at both locations and will be available on a first come first served basis. For more information, please call 817-281-9376. City Hall and other City offices will be closed for the July 4th Holiday. Garbage and recycling will not be collected on July 4th. Friday collections will be made on Saturday, July 5th instead. The Texas Department of Transportation will hold a public hearing about the Northeast Loop 820 Widening Project on Tuesday, July 1 at 7 p.m. The meeting will be held at the Richland Hills Church of Christ located at 6300 North East Loop 820. Maps will be available for viewing starting at 6:30 p.m. All interested residents are invited to attend and provide verbal or written comments. Written comments may also be submitted to the TxDOT Fort Worth District Office. For more information visit, www.txdot.gov and enter the keywords "North Tarrant Express." Kudos Korner: Ruben Rodriguez, Scott Pearce and Michael Salazar, Parks & Recreation Department - An a-mail was received from a resident and member of the Richland Youth Association thanking the grounds crew for the terrific job they did on the Richfield baseball fields. The resident had never seen the fields look so good. He thanked the parks crew for taking the time and effort to make everything perfect. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:33 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-14-2008 Agenda No. B.3 Subject: GN 2008-063 Resolution Authorizing the City Manager to Execute Documents, Contracts & Agreements -Resolution No. 2008-040 Currently each time an item is approved at a City Council meeting that requires the execution of a contract or agreement, a resolution authorizing the City Manager to execute the document is approved with the item. Approval of Resolution No. 2008-040 will eliminate the need for separate resolutions and will allow the City Manager to execute all documents, contracts and agreements approved at Council meetings. The elimination of the individual resolutions authorizing the City Manager's signature will not only save valuable space in our permanent files, but will also allow for a more efficient management of our resources. Recommendation: To approve Resolution No. 2008-040 NFZH RESOLUTION NO. 2008-040 AN RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS, AGREEMENTS, AND CONTRACTS APPROVED BY THE CITY COUNCIL WITHOUT REQUIRING FURTHER AUTHORIZATION. WHEREAS, Article VI, Section 1 of the North Richland Hills Charter authorizes the City Council to exercise powers of the City and the City Council desires the City Manager to execute any and all documents that the City Council approves without necessitating a separate Resolution or other authorization to execute each such document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Findings Incorporated. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein. Section 2: Authority of City Manager. The City Manager of North Richland Hills is authorized by the City Council of North Richland Hills to execute any and all documents, agreements, and contracts that have been approved by the City Council of North Richland Hills at a lawfully held regular or called meeting. This authorization does not preclude the Mayor from executing such documents as authorized by the Charter. AND IT IS SO RESOLVED. PASSED AND APPROVED this 14th day of July, 2008. By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-14-2008 Agenda No. B.4 Subject: GN 2008-064 Rescheduling the August 25 Council Meeting At the June 23 Council Work Session, Staff advised of the need to reschedule the August 25 Council meeting. The consensus of the Council was to reschedule the meeting to Tuesday, August 26. The first public hearing on the tax rate and the public hearings on the budget, Crime Control District and Park Development Corporation will be held during the August 26 meeting. Staff also discussed with Council at the work session possible dates for the second public hearing on the tax rate. State law requires that a second public hearing be held when a proposed tax rate exceeds the effective tax rate. If the first hearing is held on August 26, the second hearing cannot be before Friday, August 29 and no later than Tuesday, September 9. The consensus of the Council was to hold the special meeting to conduct the second public hearing on the tax rate on Tuesday, September 2. As in past years, the meeting is tentatively scheduled for 6:00 p.m. Recommendation: Reschedule the August 25 Council meeting to Tuesday, August 26. CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 7-14-2008 Agenda No. B.5 Subject: PU 2008-024 Renew Bid # 07-1390 Annual Contract for Traffic Material for Public Works Department to Vulcan Signs Inc., Allied Tube & Conduit and Roadrunner Traffic Supply Each year in the approved budget, Council appropriates funds for the purchase of various traffic materials for the Public Works Department. Formal bids were solicited and a contract to provide these materials was approved during the June 11, 2007 Council Meeting (PU2007-030). Council awarded the annual contract by Section to three (3) separate vendors: Section A (see attached list) awarded to Vulcan Signs Inc. Section B (see attached list) awarded to Allied Tube & Conduit Section C (see attached list) awarded to Roadrunner Traffic Supply The initial term of the contract was for a period of one (1) year and included an option to renew for two (2) additional twelve (12) month terms. All three (3) vendors are requesting a price increase for the first twelve (12) month renewal option due to the substantial increase in fuel costs since 2007. Vulcan Sign Inc. has requested an average 4.85 % increase; Allied Tube has requested an average 15.04% increase; Roadrunner Traffic Supply has requested an average 5.55% increase. Each of the vendors has done good work for the City in the past and Public Works supports the contract renewal. The Purchasing Department has reviewed the current contract that is in place and recommends renewing with Vulcan Signs Inc., Allied Tube & Conduit and Roadrunner Traffic Supply for the first twelve (12) month renewal option. The pricing submitted for this first renewal term is still fiscally beneficial to the City. There has been a substantial increase in fuel costs over the last twelve (12) months. We believe the request for a rate increase is reasonable; and the requested increase is in compliance with the terms of the original bid document. Although the pricing requested by Allied Tube is a substantial increase over current prices, staff has done comparison pricing with other vendors, and found that Allied Tube is still offering the lowest prices on these products. Recommendation: To renew bid # 07-1390 Annual Contract for Traffic Material with Vulcan Signs Inc., Allied Tube & Conduit and Roadrunner Traffic Supply. Section A -Vulcan Sign Inc: VENDaR Vulcan Signs Extended Extended ITEM DESCRIPTION Size QTY Unit Price Price Unit Price price \ 1 PENTAGON SIGN BLANKS 30" X 30" 15 $13.31 $199.65 $13.88 $207.90 ALUM..080 GAUGE 2 DIAMOND SIGN BLANKS 30" X 30" 100 $14.16 $1 416.00 $14.75 $1,475.00 ALUM. 080 GAUGE , 3 OCTAGON ANODIZED ALUM 30" X 30" 200 $13.24 $2,648.00 $13.79 $2,758.00 BLANKS .080 GAUGE _ _._____~ 3 OCTAGON ANODIZED ALUM 36" X 36" 200 $19..28 $3,856.00 $20.08 $4,016.00 BLANKS .080 GAUGE 4 RECTANGLE ANODIZED 48" X 24" 25 $18.49 $462.25 $19.26 $481.50 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 48" X 18" 20 $14.06 $281.24 $14.65 $293.00 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED3 42" X 24" 10 $16.19 $161.90 $16.86 $168.60 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 36" X 36" 10 $20.68 $206.80 $21.54 $215.40 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 36" X 30" 10 $17.37 $1.73.70 $18.09 $180.90 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 36" X 12" 10 $7.14 $71.40 $7.43 $74.30 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 30" X 30" 20 $14.16 $283.20 $14.T5 $29.5.00 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 29" X 30" 10 $14.16 $141.60 $14.75 $147.50 ALUM. BLANKS ..080 GAUGE RECTANGLE ANODIZED 24" X 48" 40 $18.49 $739.60 $19.26 $770.40 ALUM. BLANKS .080 GAUGE t~{tl:lHlvc.7Lt H111VVIGCU 24" X 36" 20 $13.91 $278.20 $14.49 $289.80 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 24" X 30" 20 $11.37 $227.40 $11.84 $236.80 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 24" X 24" 20 $9.13 $182.60 $9.51 $190.20 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 24" X 12" 50 $4.79 $239.50 $4.99 $249.50 ALUM.. BLANKS .080 GAUGE RECTANGLE ANODIZED 18" X 18" 40 $5.36 $214.40 $5.58 $223.20 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 18" X 24" 30 $6.90 $207.00 $7.19 $215.70 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 18" X 18" 20 $5.36 $107.20 $5.58 $111.60 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 18" X 12" 50 $3.50 $175.00 $3.G5 $182.50 ALUM. BLANKS .080 GAUGE RECTANGLE ANODIZED 6„ X 12" 100 $1.63 $163.00 $1.70 $170.00 ALUM. BLANKS .080 GAUGE 5 ROUND GUM. SIGN BLANKS 36" 10 $19.08 $190.80 $19.88 $198.80 .080 GAU E RECTANGLE FLAT ANODIZED 6 ALUM. STREET NAME BLANKS 9" X 30" 150 $6.92 $1,038.00 $7.21 $1,081.50 .125 GAUGE {PUNCHED) RECTANGLE FLAT ANODIZED ALUM. STREET NAME BLANKS 9" X 36" 150 $8.27 $'1,240.50 $8.61 $1,291.5© .125 GAUGE (PUNCHED) RECTANGLE FLAT ANODIZED ALUM. STREET NAME BLANKS 9" X 42" 150 $10.08 $1,512.00 $10.50 $1,575.00 .125 GAUGE {PUNCHED} RECTANGLE FLAT ANODIZED ALUM. STREET NAME BLANKS 9" X 48" 100 $10.96 $1,496.00 $11.42 $1,142.00 .125 GAUGE (PUNCHED) RECTANGLE FLAT ANODIZED ALUM. STREET NAME BLANKS 9" X 54" 30 $12.77 $383.10 $13.30 $399.00 .125 GAUGE (PUNCHED) 7 TPMS ECF Clear Transfer Tape '100 24 X 5 Rohs $177.86 $889.30 $188.97 $944.85 d s TPMS ECF 36" X 100 5 Rolls $266.79 $1,333.95 $283,46 $1,417.30 Clear Transfer Tape ~+ds. 3M Pressure Sensitive 36„ X 50 8 High Intensity Reflective yds 3 Rolls $678.38 $2,035.14 $878.38 $2,035..14 Sheeting # 3870 -WHITE 3M SCOTCHLITE 36" X 50 9 (E.C. Film} Electro Cut Film yds 1 Roll $465.75 $465.75 $480.01 $480A1 11750 Blue 3M SCOTGHLITE (E.C. Film) 36" X 50 2 Rolls $465.75 $931.50 $480.01 $960.02 Electro Cut Film 11770 Green ~~,_ 3M SCOTCHLITE (E.C. Film} 35" X 50 2 Rolls = $465.75 $931.50 $480.01 $960.02 Electro Cut Film 11720 Red yds 3M Scotchlite 10 Pressure Sensitive Engineer 50 Yd. 30 Rolls $107.25 $3,217.50 $110.56 $3,316.80 Grade Green # 3277 12" 3M Scotchlite Pressure Sensitive Engineer 50 Yd. 5 Rolls $107.25 $536.25 $110.56 $552.80 Grade Brown # 3279 12" 3M Scotchlite Pressure Sensitive " 50 Yd. 5 Rolls $321.75 $1 608.75 $331.67 $'1,658.35 Engineer Grade Red # 3272 12 , 3M Scotchlite Pressure Sensitive Engineer Grade Yellow # 3271 50 Yd. 5 Rolls $321:75 $1,608.75 $331.67 $1,658.35 36" 3M Scotchlite Pressure Sensitive Engineer 50 Yd. 5 Rolls $321.75 $1 608.75 $33'1.67 $1,558.35 Grade , Blue # 3275 36" 3M Scotchlite Pressure Sensitive Engineer Grade Orange # 50 Yd. 3 Rolls $345.74 $1,D37.22 $452.60 $1,357.80 1484NL 36" 3M Scotchlite Pressure Sensitive Engineer Grade White 5D Yd. 34 Rolls $321.75 $9,552.50 $331.fi7 $9,950.10 # 329D 36" 3M Scatchlite Pressure Sensitive Engineer Grade Black 50 Yd. 12 Rolls $329.74 $3,956.88 $339.59 $4,075.08 # 7725-12 36" 11 Satin Aluminum # 180-120 36yds50 3 Rolls $388.39 $1,165.17 $400.07 $1,200.2'[ 3M FLUORESCENT Ye11ow- 36" X 50 12 Green Diamond Grade Sign yds 2 Rolls $2,200.50 $-4,401.00 $2,311.21 $4,622.42 Sheetin # 3983 13 Stop Faces # R1-1 30" X 30 " 150 $5.76 $864.00 $5.94 $891.00 14 Crime Watch Signs 18" X 24 " 50 $3.57 $178.:50 $3.68 $184.00 See Attached Co Section "A"TOTAL $54,318.41 $56,563.20 Section B -Allied Tube & Conduit ____m__ VENDOR Allied Tube & Conduit xten ed Extended ITEM DESCR1PT1oN Size QTY P Unit Prig rice Price Price U~it ECTIQN B y, }., a, ~~}k;(6! „~ ~ i~ii.<~~ } ~I~MY ~a & "' 4" v%s "'YY wyA ° xi' I~ W~ ~i i ~i~l; r~ w s j~j, E Z". ~ s r il`M}Ny~sf~~ W 3 3 ~`e.. yj p Y.~/ gWi{! AYeua 'i~Y~ 4 ~! ~~~~ ~ ~4~ ~ ~~~ £ ~ ~ ~I, YYW .~Y~W~i~ i~YMy{fI~ „~ N. ~i ;;,. f , ~`!''i Xlf~.t'~~ : ~f>~i ~a .~I~!» 3~:: ~ ~~ ~ +~~ 6~ ~ ~~ ~~ ~. i~ . tt4/ (,f,U} r~ ' p ' Y i. _ _ Ai }R Hir^~ .. ' M1 ^ i W?`f:}. ~,ls.4, P va..3!~}S.1 33 1, 34ff.~.. t ! 1 SUPRLOCK 12" 200 $11,65 $2,330.00 $13.40 $2,680..00 Vandal Proof Style 1 ~ 1 - ' I 111 I +fi~.~ SUPRCROSS - No. 990E 2 Non extruded cross Vandal Proof 12" 400 $11.65 $4,660.00 $13,40 $5,360,00 Style ~... ____ ROUND SUPRLOCK - No. 992E 3 Nan Extruded Round Cap for 2- 12" 200 $11.65 $2,330,00 $13.40 $2,680.00 3!8" Post Vandal Proof Style 4 Tool - No. 73 2 $4.85 $9.70 $5,58 $11,96 5 TELESPAR SQ. 2" X 2" X 400 $5.45 $2,180.00 $5.27 $2,508.00 SIGN BASE 25 Per Bundle ~ 30" ~ }W MYYM..M wNwwwr..rrw 6 w r IIII TELESPAR SQ. SIGN BASE ~ 2114" X 2 .. . I I 400 $3.90 $1 560.00 $4,49 $1,798.00 25 Per Bundle 114" X 18" .Y ......MIY-~.~ , ..1__ 7 I TELESPAR SQ. SIGN BASE 1314" X 1 " 400 $12,92 $5.,158.00 $14.86 $5,944.00 25 Per Bundle 314" X 10 $ Sign Past. Drive Rivets No. 1000 $0.50 $500.00 $0.58 $580,00 TLDRAS 3878-06 .. .. 9 Washers for Drive Rivets 1000 $0.08 $80.00 $0.09 $90A0 10 Sign Pest Dorner Bolts 2112" 1000 $0.38 $380.x0 $0.44 $440.00 No. # TL070 Med. 11 Flange Nuts for Corner Bolts 1000 $0.10 $100.40 $D.12 $920.00 12 Vandal Proof Bolts 5116`! X 1!2 500x $0,38 $1,900.00 $0.44 $2,200.00 Round Sign Posts. (16 Gauge) 2 318" X 10 13 Powder Costed Black 37-50 per ft 150 $15,42. $2,313.00 $97.73 $2,659.50 bundle . Section'" ~"TOTAL $23,510.70 $27,OG8.66 Section C -Roadrunner Traffic Supply VENQOR Roadrunner Traffic Supply Inc. Extends Exten e ITEM DESCRIPTION Size QTY Unit P-rice PriC@ Unit Price Price SECTION G =~~~i~~~~~'~lt.~,~~ 1" ~=' ~~::~..~~~~ - ~~ .~.: ~~ ~` , 1 Two Way Amber Apex Square Plastic 4" 1000 $1.06 $1,060.00 $1:06 $1,060.00 2 Qne Way Clear 4" 1000 0.97 $ $970.00 $0.97 $970.00 Apex Square Plastic 3 Yellow Apex Round 4" 4000 $0.40 $1 600.00 $0.40 $1 fi00.00 White Apex Round Plastic , , 4 Ho# Tape3 # PT90R08W 8" X 30 ft. 75 Rolls $63.42 $4,756.50 ~ $66.60 $4,995.Oq 5 Handicap Hat Tape 2 Color # 894792 48" 10 pkgs $199.90 $1,999.00 $209.90 $2,099.00 6 Hot Tape -White # 894746 g ft 10 pkgs $182.52 $1 825.20 $191.65 $1,916.50 Right Curve Arrow 90 mil , Hot Tape -White # 894742 g ft. 10 pkgs $182.52 $1 825.20 $191.65 $1 916.50 Left Gurve Arrow 90 mil , , Hat Tape -White # 894752 12 ft. 10 pkgs $166.14 $1 661.40 $974,45 $1 744.50 Right Camba Arrow 90 mil , , Hot. Tape -White # 894748 Left Combo Arrow 90 mil 12 ft. 10 pkgs $166.94 $1,661.40 $174.45 $1,744.50 Hot Tape -White # 894748 9.6 ft. 10 pkgs $160.68 $1 606.80 $168.72 $1 fi87.20 Straight Hot Tape Arrows 90 mil , , Hot Tape -White # 894748 10 ft 10 pkgs $156.55 $1 565.50 $164.38 $1,643.80 Pavement Legend C3n1y 90 mil , 7 X-ING Legends -WHITE 90 mil 8 ft. 2 Pkgs $132.21 $264.42 $138.82 $277.fi4 # 894884 8 School Legends 90 mii 8 ft. 2 Pkgs $203.58 $407.16 $213.76 $427.52 894900 9 Industria! Coatings Epoxy # B22 5 Gal. 50 Gal $31.00 $1,550.00 $37.20 $1,860.00 10 Industrial Coatings Epoxy 5 Gal. 50 Gal $31.00 $1,550.00 $37.20 $1,860,00 Catalyst 5 Gel. 11 Asshto Spec. White Grandular 50 Ib bags 2500 Ibs $0.63 $1,575.00 $0.63 $1,575.00 Thermo 12 Glass Beads 500 lbs $0.45 $225.00 $0.52 $260.00 Section"C" TOTAL $26,102.58 $27,637.1 fi CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 7-14-2008 Agenda No. B.6 Subject: PU 2008-025 Renew Bid #07-1387 Annual Contract for Utility Materials to Main Line Supply Utility (Formerly Eagle Underground) and Atlas Utility Supply for the Public Works Department Each year in the approved budget, Council appropriates funds for the purchase of various utility materials for the Public Works Department. Formal bids were solicited and a contract to provide these materials was approved during the June 11, 2007 Council Meeting (PU2007-029). Council awarded the annual contract by Section to three (3) separate vendors: Section A was awarded to Main Line Supply Utility (Formerly Eagle Underground Utility) Section B was awarded to Atlas Utility Supply Section C was awarded to Main Line Supply Utility (Formerly Eagle Underground Utility) Section D was awarded to Techline Pipe (No longer in business) The initial term of the contract was for a period of one (1) year and included an option to renew for two (2) additional twelve (12) month terms. Two (2) vendors are requesting a price increase for the first twelve (12) month renewal option due to the substantial increase in material and fuel costs since 2007. Main Line Supply proposed price increase request averages 11.84% for Section A; Atlas Utility Supply proposed price increase averages 4.69% for Section B. Each of the vendors has done a very good job for the City, and Public Works supports their contract extension. The Purchasing Department has reviewed the current contract that is in place and recommends renewing with Main Line Supply Utility for Section A, and with Atlas Utility Supply for Section B for the first twelve (12) month renewal option. The pricing submitted for this first renewal term is still fiscally beneficial to the City. There has been a substantial increase in material and fuel costs over the last twelve (12) months; the request for a rate increase is reasonable; and the requested price increase is in compliance with the terms of the original bid document. Section C is not requested for renewal with Main Line Supply due to a proposed average 23% price increase. The City is purchasing an estimated $20,000 or less per year on these 6" and 8" couplings and will obtain quotes for any purchases made in the next twelve (12) months to get the best possible market pricing available. Section D is not requested for renewal with Techline Pipe. They are no longer in business to honor the pricing for the copper tubing in this section. The City is purchasing an estimated $4,000 or less per year and will obtain quotes for any future copper tubing to try to get the best possible market pricing available when the tubing is needed. Recommendation: To renew Bid #07-1387 Annual Contract for Utility Materials to Main Line Supply Utility (Formerly Eagle Underground) for Section A and Atlas Utility Supply for Section B. Section A -Main Line Supply Utility (Formerly Eagle Underground Utility) tTEl1l1 _: ~t~ESCRIPTION _. - _ . °Eac~le Underground UtilityMain k.ine Utility Sapp{y` far 2007-2QD.8; _ for 2008-2049 SECTION A QTY Unit Price Extended Rrice Unit Price Extended Price 1 12" DR18 C-900 PVC Water Pipe 200 LF $13.21 $2,642.00 $14.76 $2,952.00 2 10" DR18 C-900 PVC Water Pipe 200 LF $9.36 $1,872.00 $10.46 $2,092.00 3 8" DR18 C-900 PVC Water Pipe 500 LF $6.24 $3,120.00 $6.97 $3,485,00 4 6" DR18 C-900 PVC Water Pipe 2000 LF $3.fi0 $7,200.0.0 $4.02 $8,040.00 5 4" DR18 C-900 PVC Water Pipe 400 I_F $1.82 $728.00 $2.03 $812.00 6 4" X 14' SDR 35 Sewer pipe 2000 LF $0.75 $1,500.00 $0.84 $1,680.00 7 6"' X 14' SDR 35 Sewer Pipe 1400 LF $1.61 $2,254.00 $1.81 $2,534.00 8 8" X 14' SDR 35 Sewer Pipe 800 LF $2.89 $2,312.00 $3.25 $2,600.00 9 10" X 14' SDR 35 Sewer Pipe 200 LF $4.53 $906.00 $5.08 $1,016.00 Section "A" TOTAL $22,534.00 $25,211,00 Section B -Atlas Utility Supply Imo' EJE~~~tPT#f #!~€s ~tttifiy ~u~ply~ ~fi~~ ~'fiiit~+ ~`~PE~~I',, w . ~ . . 2'pi~7- 2QC38 ~~t~~ - 2tf~9 _.. ,....,... w.... . 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Firs b~I~drent 4.J ~u~ ~ri~h ac~e~~~ri~s ~~ ~F+ 1,~~~.t;14~ ~31:S~O,i~(l ~'t,i~97.2E9 ~3~,~'~~. 8 Five i"E~drar~t ~.~ Burg tirvi#~ accessflries .,„~...., 1(i E~ ~1.42~.{~fl µ S'it~,2~i~.i~ S"~,~3~6.{3t1 ~1#1,~~t~.fl8 ~......i~ dire ~lycirant 3.~3 Bum ~sitt~ accessories . 1Q ~.~i ~9,i~5,ClU ~'irJ,fl~fl.i~#;1 ~fi,#?4~,2!} $1#~,452.€3ti 1,fl 6;, ~ta.r series 35flC~ T~ec3a Lt~~ ~# 2fl E~, X21, ~ ~2,~+2fl.C#€~ ~22.4~' $2,69i~.4fl 11 8" St;er rites 3.~afl~3 T~~a Lug .. ~ FA ~~E=6:~4 '$1,~J~3.fliC~ $~2.1i'~ ~"f,6#~~.€~fl 12 1 Ci" Star S~rie3 35i:1Q Iti'teg~ E_g 1~i E=/54 $5.+ ~~~.~ $~`.7~3 ~5~2~t.d$ '' 13 12" Stsr Series 3ap0 c~a i..u~ 1~ ~~~. ~ ~69~;,flt~ ~is~.ff6 ^,,~ .~_ ~74~#.7~ td D~acti#~ #ro~ #ritti~s w~itt~ accessories ! 1fl Toy ~~;i7(3fl,t~fl $3f~,t74i:9.aC~ ~3,i?CkO.tka $34,O~Jfl.fli3 9 ~i &'" x ~a" Tappi~7~ Sfe~u~ ~F€~rd ~fFTSC-~ 12X6 1 fl FA X21 fl.0fl $2,'tflO~.Ct~ 5231.fiEt~ $2,3'I#1,fl4 9i~S ~'° ~ ti" Ta:ppinr~ S#e~~e ~F~r~i ~FT~C-t1~3~:i~~ j 1U iA ~21~.~1[3 ~2,1~f1.f~~1 ~ ~231.#it~ ~~,.31#148 - 17 ' ~'° x .t" Ser~rice Sacl~i~: {Fc~r~ ~FC1Cl1-7~~- ~ 8fl F~ ~2.2.OQ $1 k7t30.Q7 ~24.~8 51~93B.t;~U C~~3 18 81~ ~ 1,. 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J~~'S ,'6 {~ _ ~N {/y I R R~te, ~j ~j { y*1 ~,e + }~ }~f p ry r~ ~y ~ ~ tJ~` +iJ'~Q Fi ~ ~R~6 I:f4~t3 ~i~.~~ ~~if I~ id 1 ~ ~ ~~~ n "N'~~.,~~ R~ ~ya~ Y'4.~'~ ~'Mr ~y W~~.~~ y~, /y~ 'f V'~~s~~ ~q h( ~~ y~// yy'' y~ c ~ ~ ,~ . ~'` ~ '~ '1~`~`R +~lrnp ~t~inf~ss ~rtgl+~ Viand ~Q ~~ ~~~t.Q~ ~d~.. !.~~ ~~~C#.flt~ Ford ~ ~~ -~~-?off ~F, ~ ~ 1I2" ~d~~~ ~1~ir1~~~~ ~!(Jl~~~~ B~t~d -- ,/., ~ " r t~n~~~~ ~~~g~: ~~~d ~ r p ~ 1 '° +~ { (, ~y & 4.7 ~.1"'4 ~,~y 7. ~~.7 ~} ~ ~~.'k7~~ 1~ '~P~~~r~>~ ~1~+ ~~y ~ i U~aLL1~W' ~. ,q~ ~ ~ y ~j ^'~y y,~ E-tJ1 Rdl ~ E ~tidt,7~! i ~ . ~" x 1 "` ~i~rt~p ~t~ir~less D~uh~le ~~rt~i 6 1~~~ 'I" Grip ~t~air~less Single ~~~d 1~ ~;fi ~.QC} $~~~.0~ ~~.~~ ~~~Q,~f~ ~a-rd # ~1-~~~4W~5 62 ~~3~x 15'~ ~iar~p ~t~ir~less C~~~b1e ~~~ 1 ~ C~ ~1 ~~.aC] ~'i,~~~.D£~ ~1 ~~.#?Q '~~2~4~,04 ~%c~r~f IF`2~~ ~~~ `~5~ ~~%~s~ ~ic~l~ ~~~€~ t ~I ~ ~ x 1~" Cl~ i '~ a ~ ^ `` .R1 ('r++/y~~ 1 F,nf ! yy+q{ '{y1~y~] Y~K~f#R Y/ /ry~ ~W~~.a ,Ap~q] ~~~kARY ~q#y~,'~{ {J{]{Jy, Y Y~~'Y V { I ~ y6~ ~~?y ~y ~p[ y( ^~w c {k ^ ~~ 8 K~VF ~~ ~~`~V~/'iI~E W~ . .. .wxMmawnn*+r T ~ ~ ..... 92~ ~ 1~ ~I~rn~ St~irtl~ss Dr~~~le ~~nd Ford ~ F2a ~ ~~ CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: VLoftice/Koonce Council Meeting Date: 7-14-2008 Agenda No. B.7 Subject: PU 2008-022 Award Bid 2008-008 Northfield Park Playground Improvements to Recreation Consultants of Texas and Custom Swings of Texas in the amount of $90,021.00. The approved Parks & Recreation Capital Improvement Program (PK0805) provides funding for this project that includes the replacement of the dated, metal playground equipment in Northfield Park. Staff met with Northfield residents, in April 2008, to review staff's recommendations for new equipment. The residents were pleased with all six options and narrowed their preferences to two final options. Staff then presented these options to the Park and Recreation Board for final review and approval. Landscape Structures' Evos-System, a climbing/sliding structure, was approved for the five to twelve year old play area, while Landscape Structures' Playshaper, asmaller-scaled play system with slide and play- panels, was approved for the two to five year old play area. Both pieces of equipment and installation are available through direct purchase on the Texas BuyBoard. The playground alterations at Northfield Park invoke some minor updates to the parking lot, accessible route, restrooms and drinking fountains as required through the Texas Accessibility Standards. These required updates are provided through this purchase. The Local Government Purchasing Cooperative (BuyBoard) has contracts in place for the modular playground equipment and the construction and installation for the playground equipment being purchased for the Northfield Park improvements. While Custom Swings of Texas and Recreation Consultants of Texas have the same ownership, their commodities are separate and available through separate BuyBoard contracts as follows: Recreation Consultants of Texas Modular playground equipment (Proposal RCT3114) $40,435.00 Custom Swings of Texas $49, 586.00 Construction and installation of playground equipment and ADA revisions (Proposal CST953) The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Recommendation: To award bid 2008-008 Northfield Park Playground Improvements to Recreation Consultants of Texas and Custom Swings of Texas in the amount of $90,021.00. '' ~~ 5 ~ l~ _« i ~~ ~ts. ~ :~ L~~ ' ~- - date E~tin~ate " ~21=~~ ~~T-1'~ 1 f~ ~:'1?-?CQ~ RC:I~11~4 Name ~ Adclres.~ City of ~a~rtl~ Rielilci Hills ~~: ,Ias~,.~~ 1~I~aore ~~r ~`E Loop i~?t~ '~ Rf~lil<~tict Hill.. TX ~~1SG P.4. Ne. Terrt3s F~ep FC3B Project Ship ~'ia '~e~t l ~ Ship Date JR Destina>iou ~~rthfiel~~l Parr Ttu~l~~lt~acl t~t~ Item ~ Ge~criptis~n Unit Prit~e Unit ~~lt. TF.~tal ... Tt}tal ~` ~ PRICE L~1C'RE:~SE rtJTE: DLiE ~'C! THE. RAPIDLY ESC'~LAT~G COST C1F R.~t~' 4i~.TI~RI..~L.S. E~1I.'IP'~IE.~iT' ti1~'ST BE ORDERED B'~ ~LfiL'ST ~, 2r(7~3 .~ I3ELP-`ERED B~' ~CTC-BER 1. ~G~~ CyR ~. PRICE LAIC' RE ~.SE CtF T.~,.,~, ~i:'ILL BE D.~IPCISE.D. ~`** ~`~`~` FREIt~HT ~TCCtTE: DL;E TC~ THE ErC~L:~.TILIT~' C3E FUEL PP1C`II~G, ~uC~TE:D FREIGHT' R:~7E.5 ARE'4':~I:ID Ft~R 3~ D ~1'S C~'~ZY' PLE.~S~E C~.I.L TC> Cf}I~IFIR~•4 P 1IC'I:`dC- IF C-RDERII~IG ~,I~J!RE TH:~Iti 3~ D_=~~'S 1='RC~'~1 THE. L3;~TE CtF TI-liS PRCtPt3S ~L. '~ ~'~ l E~'~?S c~tn I3~~irt~~ct E~'Ct5 4•Iociular PS:~~~ c.~pe Stntctur ~e> C't~~ g L ~~.i~,s ~'~~6~~.C~ y~r~ ?~~~ ?S,.o~?~ OCR ~~ ~ j y } 1 Fl~~~'Shaper C'u~tai~a D~~~ae~ 1w~I~clttlar.Pl~ti° St~z~Ct~~e ~ ?~~~}?-1-1-~. cli.rec 11,1~~.Cf~ 13~o 13~~ 11,1~4..f~r3 h~trtir Sitb~t~t~l - E~uilat~ent ~~,7~~.~t? Di~l~C1'1T1Ft Btl•.'~L~aS~il Dist~ttYt -,!~S~.tf4 -1,45¢_CJC~ Freight Freight 2,6"_~.CC ',.~' ~ L~Ct .r_i1t~3tQt:il - Fre~:ht .~'.>~'~`?..~'~ 5uE~t~ta1 - Ecl~ti~e~t ~c<'I~~a;=Bo.a~,.~1 Disc~uit -~ Freight ~~.~3}.C~Ci ~`"~` ~~6t e e~tiil~nieut a x:~~lal3le fir purchase tl~~ral3gh the Fiu=,•3~are1. Bs~~°$c:tt~li ~'ei~il~~r ID =: 5~~. C:Q~tract ~~ ~6~-{,7?. k:„:», DaT~. SIGh'~T'~-TR.E BELCIL~•' ?~CC'EPTI14C3 THIS FRt~Pt}S<~:L ~~~TLL C'C~'~STITL~TE: ~. PLTRC:H.~.SE CtRDER ~ AC'C;EPT:~?3C'E QE ~~LLI~C~TES. 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YUVo~C ~ Q 0 z iii J Q v t!') `~"'~ s ~ W Q L 1~ U CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 7-14-2008 Presented by: Mike Curtis Agenda No. B.8 Subject: PW 2008-016 Approve the Abandonment of a portion of an Ingress, Egress, Water, Sanitary Sewer and Drainage Easement Located within The North Tarrant Crossing Development (Brentwood Estates Addition; Block 5, Lot 2R-1) -Ordinance No. 3004 The North Tarrant Crossing retail development is located on the north side of North Tarrant Parkway west of Davis Boulevard. The construction of public infrastructure for this development is nearing completion. The replat for this development (Brentwood Estates Addition; Block 5, Lot 2R-1) was approved in April 2006. At that time, Lot 2R-1 was contemplated to accommodate the current retail development's footprint; however, since that time the design of the building's fire protection system has changed. Specifically, the Fire Department Connection (FDC) was relocated during construction, because the initially proposed FDC was not compatible with the building's fire protection system. The Fire Department has approved of the change to the building's fire protection system. This change means that a portion (actually an appendage) of the platted Ingress, Egress, Water, Sanitary Sewer and Drainage Easement is no longer necessary and due to how Oncor requests to service the building, this easement is actually an impediment. This portion of the easement is not being used for either ingress or egress and there are no public water, sanitary sewer or drainage facilities within this portion of the easement. The developer is requesting that the appendage portion (277 square feet) of the Ingress, Egress, Water, Sanitary Sewer and Drainage Easement be abandoned at this time. Presently, it would be appropriate to approve the documentation necessary to formally abandon this portion of the Ingress, Egress, Water, Sanitary Sewer and Drainage Easement across The North Tarrant Crossing site. Recommendation: To approve Ordinance No. 3004 to abandon the easement as requested. NCH ORDINANCE NO. 3004 AN ORDINANCE ABANDONING A PORTION OF AN UNNEEDED INGRESS, EGRESS, WATER, SANITARY SEWER AND DRAINAGE EASEMENT LOCATED IN THE CITY OF NORTH RICHLAND HILLS, TEXAS and AUTHORIZING ITS CONVEYANCE TO THE OWNER OF THE UNDERLYING FEE WHEREAS, in the development of Brentwood Estates Addition; Block 5, Lot 2R-1 (Cabinet A, Slide 11066 of the Plat Records of Tarrant County, Texas) located on the north side of North Tarrant Parkway, west of Davis Boulevard, a portion of an Ingress, Egress, Water, Sanitary Sewer and Drainage Easement is no longer required due to a change in the fire protection system of the structure constructed on this lot and it is proposed that a portion of the existing Ingress, Egress, Water, Sanitary Sewer and Drainage Easement be abandoned and conveyed to the owner of the underlying fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT a portion of an Ingress, Egress, Water, Sanitary Sewer and Drainage Easement as depicted on Exhibits A and B hereto, is hereby abandoned AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 14th day of July, 2008. By: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Mike Curtis, P.E. Public Works Director .___..__ ............................................~..~.............~................_.H......_......................................_................w....._µ_.__.. r f307 Filuerarxnet T)rive, Sc~i.te C'., Kc.IIt'.r, Te.~a.s 7G'?~$ °1"~.1 {;fl 1. ~j~~ ! -4~~J7` l I~ ~x (i~fiti)2~~€~~4~i31 I:ahibit .`A„ 1:.~:gxti 1:}e;c:riptian ~l'~LC) .~1+1.~1'"1~~4` tcz th~xt certain tract 4ite~~tGd. in tlae City of Nvz-tla I2ithlta.zzd hills, 'I:arr~uYt f'oc~nty, Tc.~as azld bc~in~ ~t pcarticaii ~f i~at 2R-1, Black 5 t~:f .[3rc:zxt~~czacl I::~tates ~lclclltfall accardin~ to the plat r:rcorded in C_aFainet t~, Slide 11~Fifi of tI}c; r~'l~t :l~ecards of '1''~urr~nt C::uc~zxt:y, ":1'c:YiS, saxd tract 1ac;iri~ sc3lely a Iaartivn crf ari Ir~~;rc~ss, Lgrc;~s, ~Tatr;r, Sanitary Sewer fic IJraina~c: l~.asc;n-cent; tht; :~ubje:t;t tract h~:i.n~; marc; ~aa-l,:icularl.y cle:;critaed lay n~c:tc:~ ar~cl hcau~ttls a5 fc-allra~i~; G"Ux~~`~1I~C'I1'`JG ~zt ~ i1r,I<t~;ntzil with 43 metal ~~~Izc.r stkz~c;rl :`JI'I-I L.~~I~'~a 4L11~.1~I::~'Il'~G'> reccavca:red ~zl: the. mast e;aste:r.y scxut:hcxist: cc}rnar a!' :I.,cat ?IZ-1., I3Eae:k 5 caf 3.:3r`t:tztwc~cac! l~t~t:cs ~clciitca.t~ t~u_~arcii~n.~ tai t..he ~ltat .rc:Garclc:~•1 in C;`<tbinet ~, Slick: I lfltifi of th.e. flat iteccar~s caf °I'arrant Cazznty, '~I"ekas., fion-s which a 1!? izicll z•ehar w•itlz ~ alLZrnirtum ca}a stamped ".Il~f~l I.,A~IL7 SUI{Vl?.3'f~C:r'' reeavered at thc: lae:tira.nin~ of a curve in the rtac~st nar°th.c;rly scauth line caf said I...c~t :z12.-1 he:xzr;~ l'Jc.>rtlz ti!~3 I.7e~;rc:es 5`1 1'vlis~cctc::~ Vic) S~:c:carul:: '1~+at (15~crrir~g hrs;s~s~j a distance af'~iGS.c~~ feel; 'I~HI:sNCI:1 I~arth ~C~ I:~el;rees ?7'vi.inutes IS Seec~t.~cl~ lo.~st, v4tl~~ the efts[ €ir~e of I.,at 2I~- I. and xtlczn~ the wc::~t. Ririe c3i' I:7tt~~i~; I~cjulevarcl, a. clistat:~cc~ caf" 1?.3H 14tat to a M~~rn<zl ~.~~tlz ~ metal ~x+~~wher st~zsnpec! " 31':I! I.~-lI~L~- SL1It~rE`~'Ii11G', rctatjeret! at tli.e; nartlzetist. cnrr~c~r oi` T..cat ?..fit-1. ; "I'I-ll:'I11C.' ]~carth K~ I~c;~;re:es S? ~M2inutes 2~ Secantls ~~I~,st, with the earth Iizrc a.f I...cat 12--1, a distance caf: 7fi`~.U 1. fee: to the zt.carthr~rest c:csrztc:r uI'' I..:at ~1~-1; '1:HI::NC1:: South U(.) .C~e~ree~S ()7 iw~liizutes 3I Seeuncls 'IJVest, ~rritlz. tlzc; wvest: ling: caf I...c~t 2IZ-1, a disiarzcc ut'~S.S{) feet.; "I"II:F?.~IC:E 1~3arth i.?C} I~c.~;rf~c:s t:IC) fh+~tirzutey Clt3 4ecc~rzds F_€xo~t,. tl•n-c~au~h the icrlc;ricaa~ taf I..cat 2I2-1,, iz clistu.:tc:c: c3I' 17,51) l:c:et tea a z•eLiitrarzt cax-~~s:r i.n the e~:{st Line ~.aftlxe s~icl. Icz~rc:ss, 1:~,ress, '~l~ate:r, Sanitary Sever ~ I~)r..zi.n4~.tc: I~~tset.Yat;rtt, sr~icl res'ntr~trxt c:carner hci«.~ the I'lcrr.~ raf.,~e,~~rx~rita~;. ":I'I-IE:~C~l want.inui.n~; tlaxcau~lz the interor l.at 2I2.-1 and t~+ith the perimeter afi' the ln~re~5s, k:~,re:ss, Z~vatt:r, Sa~ra~t:ery Se~vc:.r. &. T~rai~-irz~eF..as~;znc.nt the; fLallar~r~r3 il`zree calls: 1. 1`tcari:h c)t) I)e~ree5 f)tl ~fircutes Q(} Sc:r:onrls I~a;t, a d..t:stanc~ of 1i.S(l feet; 2. 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'lvi j~. ~,,.,~a~ea.'&E aasa,v„ k ~ ~" i ~a .. t1 "' ;k a'°. ~ ~; eC !'~'% Y ~: t a~V Abandonment of a portion of an -ngress, Egress, Vl~ater, Sanitary Sewer & Drainage =asement Brentwood Es#ates; Block 5, Lit 2R-1 = 4 ~I~ 1 1~ ~ ~ i 1 l ~a a~ . _: Loot 1 Lot ~~ ~~ ~ io~~ ~ ~ TfT PA1~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 7-14-2008 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2008-04 Public Hearing and Consideration of a Request from David Barfield to Approve a Zoning Change on 3 parcels of land: AG to R-2 (0.717 acres), AG to R-1-S (1.250 acres), and AG to O-1 (0.469 acres); located in the 6800 Block of Nob Hill Drive -Ordinance No. 3003 Case Summary: The applicant is requesting a rezoning of three tracts of Agricultural zoned property that total 2.436 acres. Tract one, indentified on the Zoning Exhibit is proposed to be rezoned from AG (Agricultural) to O-1 (Office) and is 0.469 acres. This portion is intended to be sold to the proposed office development to the north, indicated as Highland Park NRH. Tract two is 1.25 acres and is proposed to be rezoned from AG to R-1-S. Tract three is 0.717 acres and is proposed to be rezoned from AG to R-2 (a portion of this lot was already zoned R-2). Tracts one, two, and the northern portion of tract three are currently platted as Lot 3R1-A, Block 1; tract one will be subdivided by the plat application which is running concurrently with this zoning change request. The southern portion of tract three is currently platted as Lot 3R1-BR, Block 1. Plat Status: Following zoning approval, a replat will be considered for approval that will resolve the subdivision of Lot 3R1-A that will combine that portion to what was Lot 3R1-BR. This replat will create 3 lots one of which will be the lot for the parcel that is being requested for O-1 (Office) zoning. Existing Site Conditions: Residential structures are located on what is indicated on the exhibit as tracts two and three. Tract one is vacant with vegetation throughout. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for tracts one and three; and displays office uses for tract one. Thoroughfare Plan: Tracts two and three have access and frontage to Nob Hill Drive which is a 50 feet wide collector. Tract one has access and frontage to Precinct Line Road which is a 7-lane, undivided principal arterial with 130 feet of Right of Way. Surrounding Zoning /Land Use: North: RI-PD and O-1 /vacant West: AG & R-2 /residential structure South: AG & R-2 /residential structure East: R-2/ residential structure Planning & Zoning Commission Recommendation: Approval by a 4-0 vote. Staff Recommendation: Approval of zoning change request ZC 2008-04, Ordinance 3003. Review Schedule: Application: 4/21 /08 Applicant Revision Time: 8 weeks Final Hearing: 7/14/08 Total Review Time: 12 weeks Staff Review Time: 4 weeks LOCATION MAP Zoning Change, fiSO~ Block of Nob Hill Drive 1~~b ~~t~ Drive .~. 8 C'~ 0 N ZC 208-04 Zoning Change AG to R-1; AG to R-1-S; AG to O-1 88~~ Blo~i~ of Nob Hill Drive Feet Prepared b~ Planning 61010$ o goo Boa aoo soa soo AERIAL . ~' 7 y+.n ii! 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L G i P k ~~ ~ L ,. a a tk?~ £~~sy ~ Z ~~ r ~~'~ {~F.~g ~, a•3 a ZS+ ~ i Y kk ~g ;SF 3~R y~~ 2a Z~tL @ A~ ~' # ~ baF t 4~ fis '2 i [I q+ a$ r.s ~~C y .i C ~~ Y~ x~Y } € h A.~ ~ S SF aa p S ~ a Z ~ ~ Y~] ~ ,~~, K S. Y.F F SSS „4 ~ y`i ~~ ~! ~$ 2 . ~ y ~t y F t ~ ~ v x `~ "'r. K4 # ~~ Fb~ nqe} Y ¢~L Ap» ~$ ~ ry a *t ~r ~ S k u ra~4r sH y~: `a'E ~~ :r x= Qk ~x 'e' ~i Sa ii .Y3 ~ BLS. ~.?~~ ... = 4 Fq ~s NOTICE OF PUBLIC HEARING ~!~H~~ ;,p~"`\~a NOTICE OF PUBLIC HEARING ~~ ~~'~ CITY OF NORTH RICHLAND HILLS :~ '•~~•.._~_..•~•`~ PLANNING AND ZONING COMMISSION rEX~`S CITY COUNCIL Case #: ZC 2008-04 Applicant: David Barfield Location: 6800 Block of Nob Hill Drive You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from David Barfield to rezone 3 parcels of land: AG to R-2(.717 acres); AG to R-1-S(1.250 acres); and AG to O-1(.469 acres), located on the 6800 Block of Nob Hill Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 19, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL, MONDAY, JULY 14, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department -City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS ORDINANCE NO. 3003 ZONING CASE ZC 2008-04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.436 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (SINGLE FAMILY RESIDENTIAL) FROM AG (AGRICULTURAL TO R-1-S (SPECIAL SINGLE FAMILY RESIDENTIAL) AND FROM AG (AGRICULTURAL) TO O-1 (OFFICE) 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 of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.436 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) to R-2 (Single Family Residential), R-1-S (Special Single Family Residential) and O-1 (Office) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A ~~`~~~ "°~~T ~~~ ~~~~~r~c~ ~~n~r~ ~~~ '~"`~~, and ~~n~ pion ~ ~t~ ~ , ~t~~ 1, l~i~ it~~r~, ~ ~~~~~~~ tie ~ ~ N~h ~i~h~di X11 ~~rd~~ ~~ #~ ~~t re~~~d~~ ~~ ~~~~e ~~~~, ' ~ '!t ~~r~C, ~"~~~ ~~:n, Tx~~, ~% t~~ ~ I~r~d d~~~~ib~ ire d ~ ~~ ~r~d ~~ ~R~~ ~'1..~ ~~~~ i~ ~~#~ ~~` ~~l~ ~~~~ fi~~~?~~ ~, ~ ~~€~ard, ~~r~t ~~~t`, "~x,, mid ~d b~n~ ~t~ t~~ r~~l~~t~l~ ~~~~ry ~~~~ ~~ ~~ l.,r~t ~R-~ ~~~ ~I~~ ~i~g i~ ~~ ~~r~ r~~rt-~, lire ~r~~~ ~~~~ ~d': d~~t~~~e v~ ~ ,~ ~`~t to ~ ~ ~ ~~ ~p~a~ ~ rid' ~~~ ~, ~~ ~~~ ~~n~ ~~ t n~r~fi~~:~~ ~~r ~f ~~~t ~m~ ~~e~ ~ ~~n~ ~~~ibd ~~ "`~ fl"" ~~ did t~ ~~~ ~ „~ ~ r°d~ ~ ~r~' ~~~ ~'~~~~ ~h~~~~ ~i~~~'~~~~, ~ +di~~r~~ ~f 4 e~ ~~± tt~ ~ 1~2 ir~~ ~~ ~ ~~~ r~n "~r~l~ ~~" ~~ in ~ ~~h~~~ un~~:rY ir~~ cif yid ~~~ ~~-~ ~~~ r~ in ~r~ ~ ~~~~~~~ ~~~ ~n~ ~~~~~ ~~~'~'"fit ~~~ t~ ~~~~~ ~~ ~ yid Lc~~ 3~~~ ~~~ ~~~ ~c~~~~ ~~~~ ~ ~~i i+~i~rtr€ ~'~~ t~~~ ~ d~ttYt~ ~.9~` f~ t~ ~~ P~ ~ ~~#~! ~~~i ~~i~~r~~ ~.~'~ ~~~ ~~~~ ~r ~. 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E~ ~ i'[ 9 x ~ f a~ 3 ~~ Yb+ F /• 1 ~ ~ ~. ~ Rte' ~1 Y• ~i ~n "~~'~_em: ~ ~i3 ~'S`:i -Y.S z~MRa ~k ~a zx sy EXCERPT FROM THE MINUTES OF THE JUNE 19, 2008 PLANNING AND ZONING COMMISSION MEETING ZC 2008-04 A public hearing is being held to consider a request from David Barfield to rezone 3 parcels of land: AG to R-2 (0.717 acres); AG to R-1S (1.250 acres); and AG to O- 1 (0.469 acres), located in the 6800 Block of Nob Hill Drive. Applicant David Barfield, 6821 Nob Hill Dr, came forward requesting a rezoning of three tracts/lots that total 2.436 acres. Mr. Barfield is requesting that tract one which is 0.469 acres be rezoned from AG (Agricultural) to O-1 (Office). Tract one is intended to be sold to the proposed office development, Highland Park. Also requested is tract two which is 1.25 acres be rezoned from AG (Agricultural) to R-1-S. Lastly requested is tract three which is 0.717 acres be rezoned from AG to R-2. Tracts one, two and the northern portion of tract three are currently platted as Lot 3R1-A. Mr. Barfield explained that originally tract one was the entrance to his property but it hasn't been used in over twenty years. Mr. Barfield sold that property to Cary Clarke because Mr. Clarke needed it in order to get the proper right of way from TX-DOT. Eric Wilhite came forward stating that this was a straightforward zoning change request. The zoning being requested stays consistent with the Comprehensive Land Use Plan. Mr. Wilhite explained that the front portion of the property north of Mr. Barfield's was previously zoned Office. In the development of the subdivision there will be a secondary access point to the north and in order to get approval from TXDOT for a drive cut off of Precinct Line, the driveway would have to shift as far south as possible. Mr. Wilhite explained that the zoning request is for Tract One to combine with the current office zoning to the north; Tract Two which is Mr. Barfield's property to be zoned R-1-S because the land is over one acre; Tract Three to be combined with the current R-2 zoning to the south which is a contiguous lot. As mentioned previously, the zoning is consistent with the Comprehensive Land Use Plan and the Development Review Committee has reviewed the case and recommends approval. d-PPRnVFD Steven Cooper seconded by Kelly Gent, motioned to approve ZC 2008-04. The motion was carried unanimously (4-0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 7-14-2008 Presented by: Eric Wilhite Agenda No. C.2 Subject: RP 2008-05 Public Hearing and Consideration of a Request from Cary Clarke Homes to Replat Lot 3R-1-BR and Lot 3R1-A, Block 1, Martin Acres Addition into Lots 1, 2, and 3, Block 1, Martin Acres Addition (Located in the 6800 Block of Nob Hill Drive). Case Summary: The applicant is proposing to replat 2.436 acres for the purpose of creating three lots. Lot 3R1-A is proposed to be subdivided into Lots 1, 2, and 3. A portion of the future lot 2 was previously subdivided by metes and bounds and merged with the future lot 1. The long, rectangular portion that is facing Precinct Line Road is the future lot 3 and will be subdivided by plat to create a new lot. The proposed plat will resolve the issue of prior subdividing by metes and bounds and will create lots that reflect accurate ownership. A public hearing is required for this replat as it involves residentially zoned properties. This is in accordance with State law. Current Zoning: A zoning change request is being processed concurrently with the plat application. The zoning for Lots 1, 2, and 3, will be R-2, R-1-S, and O-1, respectively. Thoroughfare Plan: Lots 1 and 2 have access and frontage to Nob Hill Drive which is a 30 feet wide residential street with 50 feet of right-of-way (ROW). Lot 3 has access and frontage to Precinct Line Road which is a 7-lane, undivided principal arterial with 130 feet of ROW. Comprehensive Plan: The Comprehensive Plan illustrates low density residential uses for proposed lots 1 and 2; and office uses for the proposed lot 3. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that the developer will be required to assume 100% of the amount required for public infrastructure improvements. Planning & Zoning Commission Recommendation: Approval by a 4-0 vote. Staff Recommendation: Approval of replat request RP 2008-05. Review Schedule: Application: 4/28/08 Final Hearing: 7/14/08 Staff Review Time: 6 weeks Applicant Revision Time: 5 weeks Total Review Time: 11 weeks LOCATION MAP 3 C'~ 0 -~, -~ N R P 2~ 08-Q5 Replat, Lots 1, 2, & ~, Block 1 Martin Acres Addition 68a0~ Block of Nob Hill Drive Feet Prepared b~ Planning 605108 0 Boa 20o aao soo soo NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: RP 2008-05 Applicant: Cary Clarke Homes Location: 6800 Block of Nob Hill Drive You are receiving this notice because you are a property owner of record within I 200 feet of the property shown on the attached map. Purpose of Public Hearing: A public hearing is being held to consider a request from Cary Clarke Homes to replat Lot 3R-1-BR and Lot 3R1-A, Block 1, Martin Acres Addition, into Lots 1, 2, 3, Block 1, Martin Acres Addition. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, June 19, 2008 If recommended for approval by the Planning and Zoning Commission, this request will be heard by the City Council on: CITY COUNCIL, MONDAY, July 14, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820, NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST i ~'k.~'Pii.l. 'Y~f~..Ji~.y.~,~ !l~fi~. ~~FAti3 ~F NOTIFIED PROPERTY OWNERS !~~,i .i Y.M~ ~~'~if'i~ ~~.~7~-~!~. 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P P~~ J .tS'4[L'i,ttil[.~nlN '1 2I~C ;. .... u~~pp Rti W ... 1..1 0... - N i h ~~~~ i~ } `t I.f 112':. ii ':.t'i.l~~Y.X '~S «Q f"4/ M dY: ~' '~ ~ '•.. r„2~ S'~ „ ... ~ ~~ y '• ,-~swS y~j ~ f T FJ 7 V `~',~ 5 _ U ~ '1:Si'YYl'IK[3 E1/'CR11:"IUA ~ ~ /Z 9f'~SF~(KoQON ;. ~-h~ ~i ., r D~ 15 ~'r Y ., s . ~~4 Z ~~~~ ~.g ~~ ,~ ~ ~' ~ ~ ~p~ 7,~ Y 71 ~~ ~~~ ~ ~~ . ~~ E f ,L?If2D~ TIIII HON ~ ~ i; ~~ ~Y ~~ ~ ~$$$$$$ g £~ ~~~ a ~ ? ~ ~ ~~~ 1 ~ o: ~ ~ i ~~~ ~ ~ d 1 '~~ a ~F k ~~~$ ~~~ r ~~5~< p: S ~C .a w ~`~~ a EXCERPT FROM THE MINUTES OF THE JUNE 19, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2008-05 A public hearing is being held to consider a request from Cary Clarke Homes to replat Lot 3R-1-BR and Lot 3R1-A, Block 1, Martin Acres Addition, into Lots 1, 2, 3, Block 1, Martin Acres Addition. Cary Clarke of Cary Clarke Homes, 1212 Providence Lane, came forward as the applicant. Mr. Clarke explained that this replat is a continuation and final platting portion of the previous zoning change case ZC 2008-04 heard earlier this evening. Mr. Clarke reemphasized what Mr. Barfield had mentioned about cleaning up the original lot sale between neighbors and also to provide Cary Clarke Homes the proper zoning required to accommodate the entrance to the office park as determined by TXDOT. Mr. Wilhite explained that the reason for the replat is that the lot west of Mr. Barfield's property was previously platted and will become part of this plat. During the replat the lot will combine with the tract to the north. The plat meets all the subdivision rules and regulations and Staff recommends approval. Mary Fields, who lives in the cul-de-sac, came forward asking why there were two different notifications from the City for the same plat of land. Mr. Wilhite explains that there were two different applicants and cases although for the same properties, Mr. Clarke for the replat and Mr. Barfield for the zoning change. To stay consistent with policy, notifications are sent out for each public hearing based on the applicants. Mrs. Fields asked if there is going to be any access from the replat to Nob Hill Drive? Mr. Shiflet said no. Mr. Wilhite stated only the access that currently exists for Mr. Barfield's property and for the property to the west represented as Lots One and Two. Lot Three will have access to Precinct Line Road. Mrs. Fields asked if the replat was to be office not residential? Mr. Shiflet said no. Mr. Wilhite explained that only Lot Three was to be office. That the other two lots would remain residential. Mr. Shiflet explained that there is no change to the neighborhood. Mr. Shiflet stated that the replat and zoning change is bringing the properties into compliance with current regulations. Roy Sullins, 6705 Nob Hill Ct, came forward to ask if there is any way that there would be access from the office park around Mr. Barfield's property to Nob Hill Drive? Mr. Shiflet said no. Cary Clarke explained that the driveway off of Precinct Line will extend into the property sold by Mr. Barfield about half way down the property and turn north to meet up with Highland Park Drive. Mr. Sullins then asked after combining Tract Three with the currently zoned R-2 if there is any way that someone could run a business out of that property? Mr. Shiflet explained that the only business that would be allowed is that of a home based business that is allowed anywhere in the city currently. Mr. Shiflet asked Staff to look into the item that Mr. Barfield brought to their attention in reference to the abandoned triangle on his property and what needs to be done to clean it up. APPROVED Bill Schopper, seconded by Kelly Gent, motioned to approve RP 2008-05. The motion was carried unanimously (4-0). CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Jared Miller Council Meeting Date: 7-14-2008 Agenda No. C.3 Subject: GN 2008-068 Public Hearing and Action on the Use of Little Bear Creek Park and JB Sandlin Park for Mineral Development Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The Barnett Shale is estimated to contain 26 to 30 trillion cubic feet of gas, which means the development and production of this important natural resource is likely to continue for many years to come. After many months of staff review, public meetings, public hearings, and a recommendation by the Planning and Zoning Commission, the City Council passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. In this process, staff reviewed the practicality of gas drilling and/or mineral leasing on various City owned parcels. The most obvious parcels to consider first were the parks because of their relative large size. As staff began its assessment of each of the parks, one of the first things to determine was whether the City actually owned the mineral rights. Staff also considered whether parks were developed or whether there was adequate space available on the site to allow gas drilling without disruption or damage to facilities and services. It was determined that two parks were partially or totally undeveloped so as to be suitable for gas drilling. Those two parks are Fossil Creek Park on the south side of the City and Little Bear Creek Park on the north side of the City. City Council then determined that gas drilling would only be considered on these two parks. The process of promoting gas development on public property requires distinct steps. State law requires that, prior to allowing mineral development on park land, a finding must be determined by the governmental body regarding the feasibility of such intended use and whether reasonable planning has been done to minimize potential harm to the land. The law requires this finding shall be done after a public hearing. The staff approach to allowing gas development on public property is to conduct public hearings on just a few parcels at a time rather than all parcels at the same time. The selection of the parks to start with and the subsequent phasing has been largely determined by the interest received from local gas development companies. As such, JB Sandlin Park and Little Bear Creek Park are now being proposed to be considered for mineral development. Only mineral leasing is propose to be considered for JB Sandlin Park. Mineral leasing and gas drilling are proposed to be considered for Little Bear Creek Park. Assuming approval is granted by the City Council for the development of natural gas from JB Sandlin Park and Little Bear Creek Park, all development activity shall be done in strict conformance with the regulatory ordinances of the City and within state law, including: screening, noise, landscaping, setback, and other requirements. The City is poised to address environmental concerns as well as impose all powers to ensure the highest possible aesthetically pleasing results, both during the development process and in the following years of production. The purpose of this agenda item is to conduct a public hearing on the proposed mineral development at both of these parks and take action on any findings of fact. In summary, at the conclusion of the public hearing and public comment period, the City Council should determine that first, if there is no feasible and prudent alternative to the intended mineral development from the parks and second, that if the proposed mineral development program has been planned properly to ensure that all potential harm to the land has been minimized that then, and only then, the development of minerals be allowed on these two park properties. Recommendation: To hold a public hearing and take action on the use of JB Sandlin Park and Little Bear Creek Park for Mineral Development. NRH Little Bear Creek Park (future) and J.B. Sandlin Park LITTLE BEAR CREEK COMMUNITY PARK (FUTURE) N W~E S 111 Department: City Manager's Office Presented by: Jared Miller Council Meeting Date: 07-14-2008 Agenda No. C.3 Subject: GN 2008-068 Public Hearing and Action on the Use of JB Sandlin Park and Little Bear Creek Park for Mineral Development Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The Barnett Shale is estimated to contain 26 to 30 trillion cubic feet of gas, which means the development and production of this important natural resource is likely to continue for many years to come. After many months of staff review, public meetings, public hearings, and a recommendation by the Planning and Zoning Commission, the City Council passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. In this process, staff reviewed the practicality of gas drilling and/or mineral leasing on various City owned parcels. The most obvious parcels to consider first were the parks because of their relative large size. As staff began its assessment of each of the parks, one of the first #hings to determine was whether the City actually owned the mineral rights. Staff also considered whether parks were developed or whether there was adequate space available on the site to allow gas drilling without disruption or damage to facilities and services. It was determined that two parks were significantly undeveloped so as to be suitable for gas drilling. Those two parks are Fossil Creek Park on the south side of the City and Little Bear Creek Park on the north side of the City. City Council then determined that gas drilling would only be considered on these two parks. The process of promoting gas development on public property requires a few distinct steps. State law requires that, prior to allowing mineral development on parkland, a finding must be determined by the governmental body regarding the feasibility of such intended use and whether reasonable planning has been done to minimize potential harm to the land. The law requires this finding shall be done after a public hearing. The staff approach to allowing gas development on public property is to conduct public hearings on just a few parcels at a time rather than all parcels at the same time. The selection of the parks to start with and the subsequent phasing has been largely determined by the interest received from local gas development companies. As such, JB Sandlin Park and Little Bear Creek Park are now being considered for mineral development. Only mineral leasing will be considered for JB Sandlin Park. Mineral leasing and gas drilling will be considered for Little Bear Creek Park. Assuming approval is granted by the City Council for the development of natural gas from JB Sandlin Park and Little Bear Creek Park, all development activity shall be done in strict conformance with the regulatory ordinances of the City and within state law, including: screening, noise, landscaping, setback, and other requirements. The City is poised to address environmental concerns as well as impose all powers to ensure the highest possible aesthetically pleasing results, both during the development process and in the following years of production. The purpose of this agenda item is to conduct a public hearing on the proposed mineral development at both of these parks and take action on any frndings of fact. In summary, at the conclusion of the public hearing and public comment period, the City Council should determine that first, if there is no feasible and prudent alternative to the intended mineral development from the parks and second, that if the proposed mineral development program has been planned properly to ensure that all potential harm to the land has been minimized that then, and only then, the development .of minerals be allowed on these two park properties. Recommendation: To hold a public hearing and take action on the use of JB Sandlin Park and Little Bear Creek Park for Mineral Development. "I MOVE THAT THE COUNCIL DETERMINE THERE IS NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE INTENDED MINERAL DEVELOPMENT FROM THE PARKS AND THAT THE PROPOSED MINERAL DEVELOPMENT PROGRAM HAS BEEN PLANNED PROPERLY TO INSURE THAT ALL POTENTIAL HARM TO THE LAND HAS BEEN MINIMIZED AND THEREFORE THE DEVELOPMENT OF MINERALS WILL BE ALLOWED ON THESE TWO PARK PROPERTIES." CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 7-14-2008 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2008-017 Approve Agreement and Payment in the amount of $48,988.73 to Oncor Electric Delivery to provide street lights for Simmons Drive (Hawk Avenue between Mid-Cities Boulevard and the New Library) and Grand Avenue (Parker Boulevard to HealthMarkets) -Resolution No. 2008-043 The only remaining outstanding items on the Simmons Drive (now Hawk Avenue) Project and the Grand Avenue Project are the related construction items for the installation of street lighting units (construction of concrete bases, boring of electrical conduit and installation of electrical wiring). The paving, sidewalk and landscaping portions of both projects have been complete for months and in the case of Simmons Drive, the paving, sidewalk and landscaping has been finished since late 2006. The contractor on both projects was JLB Contracting ("JLB"). The reason for the street lights being the last item constructed on both of these street projects is that during this same time period of paving construction, The Venue at Hometown was under construction. The Venue Project, a new mixed-use development, specified a different street lighting unit than the street lighting units that had been installed to date throughout Hometown. These different type street lighting units were appropriate for The Venue, as it is a different type of development than the residential portion of Hometown that was constructed to date. It took sometime for the developer of The Venue and city staff to choose the specific street light that would be used at The Venue. Once the street lights were selected, staff wanted to use the same type on Simmons Drive and Grand Avenue. Staff has researched the costs for purchasing and installation of this type of street lighting unit. Since this street lighting unit is a light that Oncor Electric Delivery ("Oncor") offers to customers, staff found out that Oncor Electric Delivery will provide a $2,000 "allowance" per street lighting unit to the City. However, in order for the City to take advantage of this allowance, Oncor must be involved with the design or construction of the street lighting circuit. Essentially, the $2,000 allowance is a credit towards Oncor's in-kind service. Through research, staff has determined that the most economical way to install the street lighting units is to have JLB purchase the lights through an Oncor supplier and have Oncor be responsible for their installation. This arrangement is economically advantageous to the City for the following reasons: 1. The supplier is able to provide the street lighting unit directly to JLB without Oncor's "markup". (Presently, Oncor's markup is approximately $1500 per street lighting unit, while per contract, JLB's markup is 15% or less than $400 per light; a difference of $1100 per street lighting unit.) 2. For every street lighting unit that JLB purchases which i) complies with Oncor's specifications, ii) is placed on Oncor's street lighting network, and iii) is purchased independent of Oncor, Oncor will provide $2,000 "allowance" per street lighting unit. In working within the balances available in JLB's contracts for the Simmons Drive ($92,259.21 remaining) and Grand Avenue ($49,857.67 remaining) projects and to achieve the appropriate lighting spread within these corridors, 29 street lighting units would need to be installed. Additionally, the City would need to enter into Oncor's "Agreement for Street Lighting Service Supplement (Number 5448)". The agreement is in the amount of $48,988.73 and is Oncor's typical agreement entered into by developers when installing street lighting units in new subdivisions. However, in this specific instance, the City would be the "developer". The Oncor agreement requires the City to only be responsible for the purchase of the 29 street lighting units. Oncor would be responsible for the installation of 19 of these lights on the existing concrete bases on Hawk Avenue and Grand Avenue and would install the appropriate wiring for these 19 bases. Additionally, Oncor would construct 10 additional bases along Hawk Avenue (between Walker Creek Elementary School and Mid-Cities Boulevard), install the appropriate conduit and wiring, and then install the 10 street lighting units. The cost to the City to install these 29 street lighting units in this manner is $130,862.98 ($81,874.25 for the purchase of lights + $48,988.73 per the Oncor agreement). There is a total of $142,116.88 ($92,259.21 + $49,857.67) remaining in the Simmons Drive and Grand Avenue projects' accounts. In the absence of this arrangement, using the bid items in the existing Simmons Drive and Grand Avenue contracts with JLB, the cost to the City would be $160,475.50. As such, there is a savings of $29,612.52 ($160,475.50 - $130,862.98) to the City by entering into the Oncor agreement and having JLB purchase the street lighting units through the Oncor approved supplier. The City's portion ($48,988.73) would come from the savings in Grand Avenue and Simmons Drive CIP projects. After the installation of the street lights both paving projects will be complete. Recommendation: To approve Resolution No. 2008-043. NCH RESOLUTION NO. 2008-043 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 an "Agreement for Street Lighting Service Supplement (Number 5448)" with Oncor Electric Delivery in the amount of $48,988.73, for the installation of street lighting units as part of the Simmons Drive (Hawk Avenue between Mid- Cities Boulevard and the New Library) Project and the Grand Avenue (Parker Boulevard to HealthMarkets) Street and Utility Improvements Project, as the act and deed of the City. PASSED AND APPROVED this the 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. 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I ....... ~ .. ..... ... f 4 :": 1. y......(" 4 ' ~ ''., : v.... .....: ' ' ~... ~...,~ CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 7-14-2008 Presented by: Mike Curtis Agenda No. E.2 Subject: PW 2008-018 Award of Bid in the Amount of $391,412.50 for the Construction of the Iron Horse Golf Course Drainage Improvements Project -Resolution No. 2008- 044. On June 20, 2008, a Bid Opening was conducted for the Iron Horse Golf Course Drainage Improvements Project. The project consists of constructing gabion mattresses and retaining walls along the south side of Tee Box No. 1 where Singing Hills Creek discharges into Big Fossil Creek. In addition, similar gabion structures are to be constructed along the south bank of Big Fossil Creek where it crosses the fairway at Hole No. 16. Staff placed the project's contract documents on the City's website. The Purchasing Department's bid page which contained the project's construction documents had "hits" from 21 different entities. Some of these entities were "plan rooms" which also send out project notices to their member contractors. Seven (7) contractors picked up project construction documents from the design engineer. Because gabion construction is specialized work, staff was pleased by the level of contractor interest in this project. The following Bids were received and opened during the Bid Opening: CONTRACTOR NAME TOTAL BID EROSION & RETAINING WALL STRUCTURES, INC. $ 391,412.50 ARK CONSTRUCTION SERVICES, LLC $ 436,326.50 CRAIG OLDEN, INC. $ 439,994.00 AUSTIN FILTER SYSTEMS, INC. $ 584,077.00 CINDER CONSTRUCTION COMPANY, INC. $ 647,071.00 As shown above the low bidder for the project was Erosion & Retaining Wall Structures, Inc. (ERWS) in the amount of $391,412.50. In the design engineer's recommendation letter, the engineer raised issues pertaining to the financial stability and technical capability of the low bidder, ERWS Inc. Public Works staff has discussed the matter of the contractor's cash-on-hand with the City Attorney. The Payment and Performance Bonds required of the contractor prior to beginning construction serve to protect the City should the contractor fail to complete the job due to financial constraints. In addition, the Finance Department ran a Dun & Bradstreet check on ERWS, and has no concerns with their findings. With regard to the engineer's concern for ERWS's level of competence, it is the contention of both the Public Works engineering staff and the design engineer that the quality of the final product is directly related to the level of involvement by the City's inspection personnel during construction. It is the intent of the Public Works Department that through diligent and thorough inspection, this project will be constructed in strict conformance with the plans and specifications, and in such a manner that will yield a highly functional and lasting product. In addition Public Works staff has contacted the City Engineer for the City of Euless and received a very favorable recommendation about their satisfaction with ERWS on a similar project constructed in Euless. There is sufficient construction funding for this project in the 2007-2008 Capital Projects Budget. Recommendation: To approve Resolution No. 2008-044. N FZH RESOLUTION NO. 2008-044 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 a construction contract with Erosion & Retaining Wall Structures, Inc., in the amount of $391,412.50, for the construction of the Iron Horse Golf Course Drainage Improvements Project, as the act and deed of the City. PASSED AND APPROVED this the 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director I ~~ ~~ 5 lion Hars~ ~Gc~lf ~~~rse Dra~na~e ~n~p~. _ .. ., ~... ._.... _.~« -- -- _.:...: ._.._:. ~ r ......... .....~............. .. Fran Hare Gaff ~aurs~ ~rain~~~ In~p= i ~~~~~ ~.~LL~ ~r~je~t LacE~t~r ~v1~ ~t'r'1~P . 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Inc, i~ 1i1~ ~c~ritat~.rtt cif ~~~~1,~1 ~.51)y '~~ s~~a r;c>n~~~ras t}~~t t~c~ ~'~~~ ~~ti~1~R t~~ii. as ca tl~~ i~~v~nc~~.. s:~f` t~tt~ f~~~<~r~~~l s~t~t~~~c~~t ~.nd that ~.~~rc~~rir~ts~ ('its' rs~ca~~c~s'~ s~s~~~~t~ tc~ s;n~urs~~ tl~r~l the .~~e~i~c~ticar~:~; c~~ ti~ri t'c~j~G't ~i1Cl~ ~~2~1T~t~tlCl~t~. ~~~sa~~l~ ~•~a~i ia~~fc ~tM~ .ltz~~;ti+r~ri~ r+~,~~~rsiir~~ tia~ irat"carna~t:icj~~ cc;~nt~~i~~Ati ire ti~i:~ lt~tsrA~', ~1~~. ~s~ttit~~r;t ~r~e.. ~ita~~~r~sW~~, 1.~~~~t~~, I n~, ~~ , ~~ich~~arci '4~J. i:~t~:(~tt~, T.F. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 7-14-2008 Agenda No. F.1 Subject: PU 2008-023 Award Bid No. 08-029 for the Traffic Signalization for Mid Cities @ Winter Park to Roadway Solution in the Amount of $153,987.00 and Revise the 2007/2008 CIP Budget for Project ST0403 to $189,787. Council approved $154,800 for the Traffic Signalization for Mid-Cities Blvd. @ Winter Park in FY 2007/08 CIP Budget (ST0403). This project will consist of installing a new traffic signal along Mid-Cities Blvd. at Winter Park, one of the main entrances in to Home Town NRH. The estimated cost for the construction of a traffic signal light at this location was $154,800. Council approved $30,960 in the 2007/08 CIP Budget and the city received a Federal/State Grant in the amount of $123,840 for the balance of the project funding. On April 24, 2006, Council approved a Local Transportation Project Advance Funding Agreement (LPAFA) with the Texas Department of Transportation (TXDOT), Resolution No. 2006-015, a CMAQ funding category, that requires the City to pay a total participation cost of $30,960 and TXDOT to pay the remaining cost to construct the traffic signal light up to a maximum grant amount of $123,840. The grant is basically an 80-20% local split but requires the City to pay 100% all cost overruns plus TxDOT's direct/indirect costs to review and administer the project ($4,800). The city will be reimbursed a maximum of 80% for each monthly contractor invoice. Notice of the Intent to Bid was advertised in the local newspaper, as required by State Statue and posted on the City Website. In addition, twelve (12) vendors were contacted and requested to participate in this process. The following three (3) vendors submitted bids that have been approved by Texas Department of Transportation: Roadway Solutions Inc. $153,987.00 Durable Specialties Inc. $155,000.00 Battson Contracting Co. $168,249.12 Staff and the City's consultant have reviewed the references and find that the low bidder, Roadway Solution Inc. has the experience required for this project. Roadway Solutions Inc. has constructed several signal lights for the City and their work has met the City's specifications. Because of the federal grant funds this project was required to be designed in accordance to TxDOT standards. Since TxDOT does not have a standard specification for the black powder coated mast arm signal poles, this item was intentionally left out of the contract. Staff believed that it would save time if we worked with the contractor who was awarded the project to include the black powder coated poles rather than going through the state process to get a new standard approved. The additional cost to have this city standard added is estimated to be $15,000. In addition, there are direct/indirect costs of $4,800 associated with TxDOT for administration of this project. The total construction cost for this project would therefore be the low bid of $153,987 plus the $15,000, which would total $168,987. The table below shows a comparison of the total project costs with the approved budget. Design Construction TxDOT Indirect Cost Total Budget $30,000 $124, 800 $0 $154,800 Actual $16, 000 .$1.68., 987 $4, 800 $189,787 Difference $14,000 ($44,187) ($4, 800) {$34,98?) As shown in the table above, the difference between the approved Budget and the actual cost is $34,987. The additional $34,987 needed for the project can come from project savings on recently completed projects. Staff was expecting the bids to be slightly higher than usual since this was a "TxDOT" type project, but not approximately 35% higher. Some consulting engineers who do a lot of work for TxDOT indicate that you can expect a minimum of a 20% higher bid when the project is designed by TxDOT standards and let by TxDOT rather than by the city. Since all three bids are reasonably close, staff believes rebidding the project would result in similar bid amounts. It is recommended that the project be awarded to Roadway Solutions, Inc. in the amount of $153,987 and authorize staff to work directly with the contractor to have the signal poles coated with a black powder coating at an estimated cost of $15,000. The 2007/08 CIP Budget for the project (ST0403) is recommended to be revised to include an additional $34,987 and to revise the Design portion of the budget to reflect actual design cost. The design cost savings can be applied to the construction cost. Because of how the grant will be reimbursed to the City of North Richland Hills, 100% of the funding will be provided through project savings and the City will be paid back as the grant is reimbursed back to the City. Recommendation: To award Bid No. 08-029 for the Traffic Signalization for Mid Cities @ Winter Park to Roadway Solution in the Amount of $153,987.00 and authorize City staff to coordinate with the contractor to have the signal poles coated with a black powder coating and to Revise the 2007/2008 CIP Budget (Project ST0403) as shown on the attached budget forms. ~9~~a4~ ~~ ~~~ Pia a ,-~ ~,%~/MAIN ST ~ ---MAjN~~F-- ~ ~ ©~ aniu ICr 'F£•6R ~Z Signalization ~ ~Mi~-Cities Blvd @ ~ ~ _ Winter Park Dr) ~ --- ---...~AFttaiNAL ~N-~--.__~. ~~,~r w 7d' M !k . ~ --MAIh.= Z ~--~,- Min-c+--ulrs•e~~ \'~>-6A~RDINA~I-N Signalization Mid-Cities Bivd Vllinter Park Dr) TEA-2'I ] N W ,.Tr,~n mu RICHLA~TD Project Locator Map Scale: 1 ~~ - $~~~ Informalior Services pepaRment - GIS Street & Sidewalk Signaiization (Miaf-Cities @ Winter Parkj f TEA-21J S T0403 PROJECT DESCRIPTION & JUSTIFICATION This project will consist of installing a new traffic signal along Mid-Cities Blvd at Winter Parts, one of the main entrances into Home Town NRH. No additional right-of-way is anticipated for this project. The new traffic signal will be constructed to the City's standards. "The future development planned in this area will only increase the need for a traffic light. Currently, 22,660 vehicles travel along this section of Mid-Cities Blvd per day. The total estimated cost of this project is $154,800. A federal grant for $123,840 has been approved if the City will pay a local match of $30,960. The current interlocal agreement between the City and the Home Town Developers require that the City participate in the cost of future traffic signals. Approving this project will reduce the City's overall cost for future traffic signal participation. Note: The $30,960 in reserves will be funded from unspecified project savings. The delays for this project have been due to Developer delays in completing Parker. Note: All new signals are installed with LED lights and Video Detection Systems. The ""Other"" category denotes the time it took TxDOT to let the project (currently estimated to be 8 months)." PROJECT STATUS Original 2007/2008 Original 2007/2008 Start Date Revision End Date Revision Professional Services 10/2003 1012003 1212006 1212006 Engineering 212007 212007 812007 812007 Construction 1012007 0612008 03/2008 0112009 Other 812007 0412008 REVISION EXPLANATION This budget revision is necessary to cover the up front costs for this project in accordance withe the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation approved by Counal on April 24, 2006 . This revision is also necessary to cover additional costs of $19,800. There is an indirect cost to TxDOT of $4,800 for administration of the project and $15,000 for painting the signal poles black. FINANCIAL. DATA 20Ct712008 2007/2008 Total Funding Source Amount to 2007/2008 Pfdposed Revised Remaining Project Date _ Adopted Revision Budget _ Balance f Cost Prior Funding Allocations: Federal/State Grant $123,840 $0 $0 $0 $0 $123,840 Project Savings. $30,960 $0 $0 $0 $30,960 Proposed Funding Allocations: Project Savings 0 0 34,987: 34,987 0 34,987 Total $154,800 _ $0 _ $3A~,987 _ $34,987 _ $0 _ $189,787 Project Expenditures Engineering/Professional Services $30,000 $0 ($14,000) $16,000 $0 16,000 Right-of-Way 0 0 J' $0 0 0 Construction 124,800 0 29,1$7 $153,987 0 153,987 Other 0 0 ' 19,840 $19,800 0 19,800 Total $154,800 $0 $34,987 $189,787 $0 $189,787 IMPACT ON OPERATING BUDGET No operating impact is anticipated. Annual Operating Impact 2007/2008 _ 2008/2009 _ 2009/2010 _ 2010/2011 _ 2011/2012 _ Total Projected $0 _ $0 $0 $0 _ $0 _ $0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: John Pitstick Agenda No. F.2 Subject: GN 2008-056 Consideration to Authorize the City Manager to Execute an Agreement to Allow Surveying of City Property by Texas Midstream Gas Company for Potential Gas Pipelines -Resolution No. 2008-036 City Staff has recently been approached by Texas Midstream a subsidiary of Chesapeake Energy with a request to survey several city properties in an effort to establish future gas distribution pipelines connecting drill sites to markets. At this time Chesapeake Energy has only made applications for three gas wells on a single drill site on the far southern limits of the city near Fossil Creek Park. However, Chesapeake Energy has informed staff that they are committed to make a major presence in North Richland Hills with a pipeline gathering system. The Texas Midstream Gas Company which is wholly owned by Chesapeake Energy is the company planning to construct the gas pipelines. The proposed gas pipelines are planned in several locations throughout the city. Some of the pipelines will be crossing city parks and other property owned by the city. Texas Midstream has the legal right to acquire property as a public utility and have sent several letters to property owners expressing their desire to move forward with the acquisition of pipeline easements. In an effort to work with Texas Midstream but also to help insure that the city and its residents get a high quality pipeline, staff is requesting that City Council consider an agreement to allow Texas Midstream to survey city properties with the understanding that certain minimum standards would have to be met on all properties within the city. The primary standards would include: 1) narrow permanent easements and limited temporary easements where possible 2) directional boring where feasible 3) proper barricades and signage adjacent to roadways 4) minimum depths of gas pipelines to be 4 feet on all public and private properties within North Richland Hills 5) pipeline alignments on peripheries of properties where possible and out of conflict with proposed future structures Other detailed requirements such as allowances for surface improvements, future parking, landscaping, driveways and utilities will be included on future license agreements at the time Texas Midstream Gas Company is ready to acquire the easements. The above are only meant to be minimum standards. This aareement was originally brought forward at the June 23 City Council meeting and Chesapeake Energy/Texas Midstream asked to postpone in order to clarify the specific agreement requirements. Texas Midstream is requesting a change to the proposed agreement to allow them to consider burying pipelines a minimum of 4 feet instead of 5 feet throughout the city. The federal and state guidelines for burying pipelines are only 36 inches or 3 feet and Texas Midstream is willing to work with private property owners in North Richland Hills to seek deeper pipeline depths than minimum standards, but want flexibility in open areas to bury pipelines a minimum of 4 feet. Staff is supportive of this change because it creates a new improved standard on public and private property throughout North Richland Hills. Recommendation: Approve Resolution No. 2008-036 authorizing the City Manager to Execute an Agreement with Chesapeake Energy for surveying city owned properties. N~ZH RESOLUTION NO. 2008-036 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 an Agreement with Texas Midstream Pipeline Company for the purpose of allowing access and surveying of city property to determine potential gas pipeline alignments in exchange for certain minimum standards for all pipelines within the city. PASSED AND APPROVED this the 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director NF~H GAS COMPANY ACCESS and SURVEY AGREEMENT This ACCESS and SURVEY AGREEMENT is entered into by and between the City of North Richland Hills, Texas, hereinafter called "CITY" and Chesapeake Energy/Texas Midstream, hereinafter called "PIPELINE COMPANY". WHEREAS, the City of North Richland Hills has passed a Gas Drilling and Production Ordinance and is supportive of the production, gathering and distribution of natural gas within North Richland Hills; and WHEREAS, the City of North Richland Hills understands that gas pipelines are necessary to connect drilling sites to markets; and WHEREAS, the City of North Richland Hills has received a request from Chesapeake Energy/Texas Midstream Gas Company to survey particular properties owned by the City of North Richland Hills and public rights-of-way to determine gas pipeline alignments; and WHEREAS, the City of North Richland Hills has an obligation to protect public facilities such as parks, streets, water and sanitary sewer utilities, storm sewers and other city facilities; and WHEREAS, the City of North Richland Hills wants to encourage the location of gas pipelines in existing easement corridors where possible; and WHEREAS, the City of North Richland Hills wants to establish minimum standards for placing gas pipelines within the city; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: The CITY does hereby grant to PIPELINE COMPANY the right to access and survey CITY owned properties for the purpose of determining the most appropriate gas pipeline alignments through North Richland Hills with the understanding that the right to survey is not the grant of a pipeline easement and such easements will include terms and conditions appropriate to protect the public use. PIPELINE COMPANY agrees to the following minimum standards for all properties (both public and private property) within North Richland Hills: 1. PIPELINE COMPANY shall obtain minimum width permanent easements and limited temporary easements where possible. 2. PIPELINE COMPANY shall consider directional boring where feasible. 3. PIPELINE COMPANY shall utilize proper barricades and signage adjacent to public roadways. 4. PIPELINE COMPANY shall bury gas pipelines on all public and private properties within North Richland Hills a minimum depth of four feet (4'). 5. PIPELINE COMPANY shall seek pipeline alignments on peripheries of properties where possible and out of conflict with proposed future structures. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate originals in Tarrant County, Texas. CITY OF NORTH RICHLAND HILLS CHESAPEAKE ENERGY By: Larry J. Cunningham, City Manager ATTEST: By: TEXAS MIDSTREAM GAS COMPANY By: ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 7-14-2008 Agenda No. F.3 Subject: GN 2008-066 Authorizing the Submittal for a Texas Parks and Wildlife Grant for the NRH Recreation Center -Resolution No. 2008-041 The City of North Richland Hills is eligible to apply for matching grant funds from the Texas Parks and Wildlife Department for construction of an indoor recreation center centrally located within the City. Staff has evaluated a possible opportunity to apply for grant funding in the amount of $750,000 to develop the recreation center. The currently approved CIP Budget includes full funding for design and construction of the recreation center in using funding generated by the ~/2 cent Sales Tax for Parks and Recreation and through Tax Increment Financing District No. 2. The City can submit a TPWD grant application for the NRH Recreation Center project for both acquisition and development. A total of two grants will be awarded in the state to eligible applicants including political subdivisions of the State of Texas. This includes cities, counties and river authorities. Eligible applicants must have an updated and approved Parks, Recreation and Open Space Master Plan on file with Texas Parks and Wildlife. This is a reimbursement program with fifty percent (50%) of the actual expenditures, up to the support ceiling of the grant, reimbursed during the project period as billings are submitted. The NRH Recreation Center Grant Application is in the amount of $750,000. The matching value for the City's participation can be accomplished through the property donation from the developer, the 4B Sales Tax or the Tax Increment Financing District No. 2. The submission deadline is July 31, 2008 with an award date in late January 2009. Adoption of the resolution is apre-requisite in submitting the grant application. Recommendation: To approve the submittal of the grant application to the Texas Parks and Wildlife Department for construction of the NRH Recreation Center and approve Resolution No. 2008-041. Ni~H RESOLUTION NO. 2008-041 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT," DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE APPLICANT IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT," FOR THE PURPOSE OF PARTICIPATING IN THE LOCAL PARK GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE APPLICANT MATCHING SHARE IS READILY AVAILABLE; DEDICATING THE PROPOSED SITE FOR PERMANENT (OR FOR THE TERM OF THE LEASE FOR LEASED PROPERTY) PUBLIC PARK AND RECREATIONAL USES; AND CERTIFYING THAT THE APPLICATION HAS BEEN SUBMITTED TO THE APPROPRIATE REGIONAL COUNCIL OF GOVERNMENTS FOR THE TEXAS REVIEW AND COMMENT SYSTEM (TRACS) REVIEW. WHEREAS, the Applicant is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2. That the Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3. That the Applicant hereby authorizes and directs its City Manager to act for the Applicant in dealing with the Department for the purposes of the Program, and that Larry Cunningham is hereby officially designated as the representative in this regard. SECTION 4. The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as NRH Recreation Center in the City of North Richland Hills for use as a park site and is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity (or for the lease term, if legal control is through a lease). Projects with federal monies may have differing requirements. SECTION 5. That the Applicant hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. PASSED AND APPROVED this the 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Director of Parks and Recreation CITY OF NORTH RICHLAND H/LLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-14-2008 Agenda No. F.4 Subject: GN 2008-062 Appointment to Place 2 on Keep NRH Beautiful Commission, Alternate on Park and Recreation Board, Ex Officio on the Planning & Zoning Commission, Alternate on the Capital Improvement Advisory Committee and Place 3 on the Substandard Building Board The terms of office for individuals serving on several of the City's Boards and Commissions have expired. In addition, the Place 3 position on the Substandard Building Board is vacant. For the boards listed below, Chapter 2, Article III, Section 2- 121 c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep NRH Beautiful Commission Place 2 Jay Garner term expires 6/30/2010 Park and Recreation Board Alternate Tracye Tipps term expires 6/30/2010 Planning & Zoning Commission and Capital Improvement Advisory Committee Ex Officio /Alternate Diana Madar term expires 6/30/2010 Substandard Building Board Place 3 Deryl Brown term expires 6/30/2009 Recommendation: To take action on the above listed appointments. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 7-14-2008 Presented by: Dave Pendley Agenda No. F.5 Subject: GN 2008-065 Appointments to the Construction Code Board of Appeals The terms of office for the board members serving in Places 2, 4, and 6 on the Construction Code Board of Appeals expired June 30, 2008. Ordinance No. 2628 states that appointments to the Construction Code Board of Appeals are recommended by City staff and appointed by the City Council. Appointments to this board must meet the requirement of technical expertise in the construction fields. At least one member must be a registered master electrician; one member a state licensed master plumber; one member a master mechanical contractor; and all others must be familiar with construction. Current Board members not up for reappointment include Joe Crane (Master Electrician) Place 1, Robert Nicholas (Structural Engineer) Place 3, John Klein (Architect) Place 5, and W.D. McCarthy (Master Mechanical Contractor) Place 7. Building Inspections is recommending the reappointment of Lynn Motheral to Place 4, and Lloyd Robinson to Place 6. Staff also recommends Kirk Cameron (a local builder) as a new appointee to replace the vacated Place 2 seat previously held by Mark Ford. All nominees for appointment meet the technical requirements of the ordinance. Nominees: Place 2 Kirk Cameron (Local Builder) Place 4 Lynn Motheral (Local Builder) Place 6 Lloyd Robinson (Master Plumber) Recommendation: To reappoint Lynn Motheral to Place 4, Lloyd Robinson to Place 6; and appoint Kirk Cameron to Place 2 with all terms expiring in June of 2010. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7-14-2008 Agenda No. F.6 Subject: GN 2008-067 Amending Chapter 2 of the Code of Ordinances and Amending the Regulations Concerning Records Management -Ordinance No. 3006 The Texas Local Government Code requires cities to establish by ordinance a Records Management Program. In the late 80s, the City Council approved an ordinance that established and provided for the administration of the City's Records Management Program. This ordinance has become outdated. The proposed ordinance incorporates State guidelines for local government records management programs and updates the City's Records Management program by addressing • Duties and responsibilities of department directors • Designation of records liaison officers and their duties and responsibilities • The development of a Records Management Plan for approval by the City Manager • The storage of electronic records (previous ordinance addressed a microfilm program no longer used) The ordinance also places the City's Records Management Program into the Code of Ordinances making it more accessible. Recommendation To approve Ordinance No. 3006. N~~H ORDINANCE NO. 3006 AN ORDINANCE AMENDING CHAPTER 2 OF THE NORTH RICHLAND HILLS, TEXAS CODE OF ORDINANCES AND AMENDING THE REGULATIONS CONCERNING THE RETENTION AND DESTRUCTION OF RECORDS, AND PROVIDING FOR APPOINTMENT OF A RECORDS MANAGEMENT OFFICER WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act) provides that a municipality must establish by ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City of North Richland Hills desires to adopt an ordinance for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Chapter 2 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Article V. which shall read as follows: "ARTICLE V. RECORDS MANAGEMENT SECTION 2-241. POLICY & PURPOSE. This article shall be known and may be cited as the "Records Management Program of the City of North Richland Hills, Texas," providing for the proper and efficient management of the records of the city. It is hereby declared to be the policy of the City to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for the management of records from their creation to ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. SECTION 2-242. DEFINITION OF MUNICIPAL RECORDS. All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the City or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of North Richland Hills and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures authorized by it and in no other manner. Copies of records in the same or another format and blank forms are not included within the definition of records of the city. SECTION 2-243. ADDITIONAL DEFINITIONS. 1. "Department director" shall mean the individual who by ordinance or administrative policy is in charge of an office or department of the City that creates or receives records. 2. "Essential record" shall mean any record of the City necessary to the resumption or continuation of City operations in an emergency or disaster, to the recreation of its legal and financial status of the City, or to the protection and fulfillment of obligations to the people of the state. 3. "Permanent record" shall mean any record of the City for which the retention period on a records control schedule is given as permanent. 4. "Records control schedule" shall mean a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City, their retention periods, and other records disposition information that the records management program may require. 5. "Records management" shall mean the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports and correspondence, and the management of micrographics, electronic and other records storage systems. 6. "Records management officer" shall mean the City Secretary of the City or an individual otherwise designated by the City Council. 7. "Records management program" shall mean the policies, procedures and plan developed under Section 2-250 of this article for the purpose of records management for the City. 8. "Retention period" shall mean the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. 9. "Electronic storage" shall mean the maintenance of public information in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium. 10. "Source document" shall mean the original public information record from which an electronic record is made. The term does not include backup copies of the data in any media generated from electronic storage. SECTION 2-244. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY. All municipal records as defined in Section 2-243 of this article are hereby declared to be the property of the City. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though the city official or employee may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. A city record exempted from public disclosure under state or federal law shall not be made subject to disclosure by its designation as city property under this section. Each department is the legal custodian of its records. The Records Management Division of the City Secretary's office is the physical custodian of all records transferred to Municipal Records or the Records Storage Center. It shall be the duty of each officer and/or employee of the city to protect, preserve, store and/or transfer city records in accordance with state and federal statutes, the City charter and ordinances and/or rules promulgated and approved by the city's records management officer. SECTION 2-245. DESIGNATION OF RECORDS MANAGEMENT OFFICER. The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable. SECTION 2-246. DUTIES OF RECORDS MANAGEMENT OFFICER. In addition to other duties assigned in this article and duties established by state law, the Records Management Officer shall: 1) administer the records management program and provide assistance in its implementation and maintenance; 2) prescribe records disposition policies, systems, standards and procedures; 3) in cooperation with other responsible officials identify essential records and establish a disaster plan for each city office and department to ensure maximum availability of records for reestablishing city operations quickly and with minimum disruption and expense; 4) develop procedures to ensure the permanent preservation of the historically valuable records of the city; 5) establish filing and storage equipment standards; 6) monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the city's records management program and the city's records control schedules are in compliance with state law and regulations; 7) disseminate to the city council and city departments information concerning state laws and administrative rulings relating to managing city records; 8) ensure that the maintenance, preservation, electronic storage, destruction or other disposition of city records are carried out in accordance with the policies and procedures of the records management program and requirements of state law. 9) maintain records on the volume of records destroyed under approved records control schedules, the volume of records imaged or stored electronically, and the estimated cost and space savings as the result of such disposition; 10) instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program 11) Bring to the attention of the City Manager any office not in compliance with the policies and procedures of the records management program or the Local Government Records Act. SECTION 2-247. DUTIES AND RESPONSIBILITIES OF DEPARTMENT DIRECTORS. In addition to other duties assigned in this ordinance, department directors shall: 1) cooperate with the Records Management Officer in carrying out the policies and procedures established in the City for the efficient and economical management of records and in carrying out the requirements of this article; 2) keep records that adequately document the transaction of government business and the services, programs, and duties for which the department director and department staff are responsible; and 3) maintain or dispose of departmental records in accordance with the policies and procedures of the records management program of the city and the requirements of this article. SECTION 2-248. DESIGNATION OF RECORDS LIAISON OFFICERS. Each department director shall designate in writing to the Records Management Officer a staff member to serve as Records Liaison Officer for the records management program in the respective department. Persons designated as records liaison officers will be thoroughly familiar with all the records created and maintained by the department and shall have appropriate access to all records of the city maintained by the department. In the event of a vacancy, the department director shall promptly designate another person to fill the vacancy and will notify the .Records Management Officer in writing of the designation. A department director may serve as Records Liaison Officer for his or her department. SECTION 2-249. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS. In addition to other duties assigned in this article, Records Liaison Officers shall: a) supervise the inventories of the department records for the purpose of preparing records control schedules; b) coordinate with the Records Management Officer to accomplish compliance with the policies and procedures of the records management program in their departments; and c) disseminate information to department staff concerning the records management program. SECTION 2-250. RECORDS MANAGEMENT PLAN. a) The Records Management Officer shall develop and maintain a records management plan for the City for approval by the City Manager. The plan shall be designed to enable the records management officer to carry out duties as prescribed by state law and this article. b) The records management plan shall establish policies, procedures and criteria for: 1) The reduction of costs and improvement of the efficiency of recordkeeping; 2) The adequate protection of the essential records of the city; 3) The proper preservation of city records that are of historical value; 4) The imaging of city records, including policies to ensure that all imaging is done in accordance with state law and the standards and procedures for the imaging of local government records established in rules of the Texas State Library and Archives Commission. 5) The regulation of the operations and use of inactive records storage areas, which shall serve as the depositories of inactive records of continuing value to the city. c) The records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city and records shall be created, maintained, stored, imaged or disposed of in accordance with the plan. d) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department director do not exempt the department director or the records in the department director's care from the application of this article and the records management plan adopted under it and may not be used by the department director as a basis for refusal to participate in the records management program of the city. SECTION 2-251. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE. a) The Records Management Officer, in cooperation with department directors, shall prepare records control schedules for all city offices and departments. b) Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the city. c) Before its adoption a records control schedule or amended schedule for a department must be approved by the Department Director and the Records Management Officer. d) Before its adoption a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to the director and librarian of the Texas State Library. SECTION 2-252. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULES. a) Records control schedules that have been approved and adopted under Section 2- 251 shall be implemented by department directors and records liaison officers according to the policies and procedures of the records management plan. b) A record whose retention period has expired on a records control schedule shall be destroyed unless 1) A public information request is pending on the record; 2) the subject matter of the record is pertinent to a pending law suit; 3) the department director requests in writing to the Records Management Officer that the record be retained for an additional period. c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained from the Department Director and the Records Management Officer. SECTION 2-253. DESTRUCTION OF UNSCHEDULED RECORDS. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Records Management Officer has submitted to and received back from the Director and Librarian of the Texas State Library an approved destruction authorization request. SECTION 2-254. RECORDS STORAGE CENTER. A records storage center, developed pursuant to the plan required by Section 2-250, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under Section 2-250. SECTION 2-255. ELECTRONIC STORAGE OF RECORDS. The records management plan will establish policies and procedures for the electronic storage of city records, including policies to ensure that all electronic storage of the city's records is done in accordance with Chapter 205 of the Local Government Code and adheres to the standards and procedures set by the Texas State Library and Archives Commission. All electronic storage of the city's records will be identified to the Records Management Officer for compliance with established policies and procedures. City records defined in this article as source documents which are electronically stored in compliance with Chapter 205 of the Local Government Code, may be disposed of prior to the expiration of their retention period with the approval of the Department Director and Records Management Officer, unless otherwise required by federal or state law." Section 2: Ordinance 1444 is hereby repealed. This ordinance shall be deemed cumulative of all prior ordinances concerning the same subject matter. Section 3: This ordinance shall be in full force and effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 7-14-2008 Agenda No. F.7 Subject: GN 2008-069 Approve Suspension of the August 8, 2008 Effective Date of Oncor Electric Delivery's Request To Increase Rates -Resolution 2008-042 Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. The Company asks the City to approve a 17.6% increase in residential rates, a 9.1 % increase in commercial rates and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. The City of North Richland Hills is a member of a 109-city coalition known as the Steering Committee of Cities Served by Oncor ("Steering Committee"). The Steering Committee has been in existence since the late 1980s. It took on a formal structure in the early 1990s when Cities served by the former TXU gave up their statutory right to rate case expense reimbursement in exchange for higher franchise fee payments. Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission (PUC), the Courts, and the Legislature on electric utility regulation matters for the last 20 years. This filing is the result of a rate investigation started by the Steering Committee in 2004. That year, 20 members of the Steering Committee exercised their original jurisdiction to investigate the transmission and distribution rates charged by TXU. The 2004 rate inquiry was justified by several factors. First, the Company's rates had not been fully reviewed by the PUC since the early 1990s. Second, when the PUC "unbundled" the transmission and distribution rates from generation and retail costs during the transition to deregulation in 2002, municipal accounts were grouped within the broader category of commercial services. This led to application of unfair demand ratchets and higher charges for municipal accounts like water pumping and high charges for street lighting. Third, the Company's earnings monitoring reports required by the PUC revealed that the Company was earning profits in excess of its approved rate of return for monopoly services. Finally, the Company had recently gone through a massive reorganization and the hypothetical cost structures the PUC had used to justify current rates were no longer valid. The Steering Committee negotiated a comprehensive settlement in 2005 that called for the Company to work with cities on certain items of concern to cities including municipal and street lighting rates, maintenance, undergrounding and relocation of TXU facilities, and to make cash payment to the Steering Committee for distribution to all members. In 2006, the Steering Committee voted to approve an agreement that extends the benefits of the earlier settlement and increases value to Cities. The settlement terms called for the Company to file a rate case in 2008. The total benefits of the Steering Committee settlement agreement are worth approximately $85 million for the period 2005 - 2009, when a final order is expected to be issued by the PUC. The attached resolution suspends the August 8, 2008 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. Further, approval of the resolution would allow cooperation with the Steering Committee to hire legal and consulting services and to negotiate with the company and direct any necessary litigation and appeals. It also finds that the meeting at which the resolution is passed is open to the public as required by law and requires notice of the resolution be sent to Oncor as well as legal counsel for the Steering Committee. Recommendation: Approve Resolution 2008-042 Suspending the August 8, 2008 Effective Date of Oncor Electric Delivery's Request to Increase Rates. N~r~H RESOLUTION NO. 2008-042 RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS SUSPENDING THE AUGUST 8, 2008 EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ONCOR CITIES STEERING COMMITTEE TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about June 27, 2008, Oncor Electric Delivery Company (Oncor), pursuant to PURA §33.001 and §36.001 filed with the City of North Richland Hills a Statement of Intent to increase electric transmission and distribution rates by $275 million in all municipalities exercising original jurisdiction within its service area effective August 8, 2008; and WHEREAS, The City of North Richland Hills is a member of the Oncor Cities Steering Committee ("Steering Committee") and will cooperate with the 109 similarly situated city members and other city participants in conducting a review of the Company's application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company and direct any necessary litigation; and WHEREAS, PURA §36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA §33.023 provides that costs incurred by Cities in ratemaking activities are to be reimbursed by the regulated utility. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the August 8, 2008 effective date of the rate request submitted by Oncor on or about June 27, 2008, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. SECTION 2, THAT as indicated in the City's resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. SECTION 3, THAT the City's reasonable rate case expenses shall be reimbursed by Oncor. SECTION 4, THAT it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 5, THAT a copy of this resolution shall be sent to Oncor, care of Debra Anderson, Oncor Electric Delivery Company, 1601 Bryan St., Suite 23- 055C, Dallas, Texas 75201 and to Geoffrey Gay, General Counsel to the Oncor Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Managing Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7-14-2008 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CI TY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Larry J. Cunningham Council Meeting Date: July 14, 2008 Agenda No. G-1 Subject: Amendment to Contract for Legal Services The City of North Richland Hills has been contracting with Taylor, Olson, Adkins, Sralla, and Elam (TOASE) since January 2002, to provide legal services for the City of North Richland Hills. As Council is aware, George Staples has been designated as our City Attorney during this time. In July, 2005, the contract with TOASE was extended for a period of five years and included an adjustment to the legal fees for both general services and litigation. The general service charges were approved at $150/hour and the litigation fees were set at $175.00/hour. TOASE has requested an increase in their fees to be effective in October 2008. In response to this, City staff conducted a survey of other cities in our area, and we believe the requested increases by TOASE are competitive and in line with those fees charged by attorneys in other cities. The general services legal fees are proposed to be increased from the current $150/hour to $170/hour and the litigation fees are proposed to be increased from the current $175/hour to $210/hour. It is suggested both of these be effective October 2008. City staff monitors the legs! expenses submitted by the City Attorney and we believe they are fair, equitable and reasonable. Mr. Staples does a very good job of meeting with staff members when he is in the City Hall office, but he is also very available either by phone, email, or in person when we need him outside of the regular office hours. The litigation costs obviously vary according to any legal challenges against the City and the proposed charges are very reasonable in comparison to others. City management supports the contract amendment which provides the $170/hour for general services legal fees and $210/hour for litigation costs. Paragraph 2 of the 2005 contract identifies the agreement on the fees. This is the paragraph of the contract that would necessitate an amendment. Recommendation: To approve the amendment to the agreement for legal services with Taylor, Olson, Adkins, Sralla and Elam, L.L.P. AMENDMENT TO AGREEMENT FOR LEGAL SERVICES THE STATE OF TEXAS § COUNTY OF TARRANT § This contract is made between the City of North Richland Hills, hereinafter called "City" and Taylor, Olson, Adkins, Sralla & Elam, L.L.P., hereinafter called "Attorneys," and amends the 2005 agreement between such parties. WITNESSETH: Paragraph 2 of the 2005 contract styled: AGREEMENT FOR LEGAL SERVICES is hereby amended to read as follows: " 2. City agrees to pay and Attorneys agree to accept fees of $170 per hour for all services except litigation. Litigation shall be charged at $210 per hour plus expenses. City shall also pay charges for travel, postage, copying and facsimile whether for retainer or additional services, plus the actual amount of expenses and court costs incurred in representing the City. Travel time will not be charged for travel between attorney's home and City Hall. Such sums shall be billed to the City and shall be paid within thirty (30) days of billing. City will not pay for or reimburse Attorneys for any expense incurred to attend professional development seminars, courses or meetings." This amendment shall become effective October 1, 2008. Executed at North Richland Hills, Tarrant County, Texas, this 14th_day of July, 2008. TAYLOR, OLSON, ADKINS, SRALLA 8L ELAM, L.L.P. By: George A. Staples, Of Counsel CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Department: City Manager's Office Presented by: Jared Miller Council Meeting Date: 07-14-2008 Agenda No. G.1 Subject: Agreement for Mineral Leases of JB Sandlin Park and Little Bear Creek Park and a Surface Use Agreement (drill site) for Little Bear Creek Park - Resolution No. 2008-045 Over the past several years, the Barnett Shale natural gas field has become one of the busiest natural gas fields in the country with drilling and production activity occurring all over North Central Texas. The City of North Richland Hills passed a gas drilling regulatory ordinance to ensure the public safety and minimize the impact of drilling and production activities on the City's residents and the environment. DDJET Limited LLP ("DDJET") and Harding Energy Partners (HEP) are seeking three year (36 month) leases on 11.90 acres in JB Sandlin Park and 78.397 net mineral acres in Little Bear Creek Park. Little Bear Creek Park is 97.272 gross mineral acres in size. Of that, the City of North Richland Hills owns half of the mineral rights outright and two thirds of the second half, with BISD owning the remaining mineral rights. For the leases at JB Sandlin and Little Bear Creek Parks, the City will receive $20,000 per net mineral acre ($238,000 for JB Sandlin Park and $1,567,940 for Little Bear Creek Park, totaling $1,805,940) and 25% royalties. Under these terms, the leases will expire on July 14, 2011. DDJET &HEP would also like to have a drill site at Little Bear Creek Park. For the drill site at Little Bear Creek Park, the City will receive a $300,000 drill site fee for the drilling of the initial well and $10,000 for each well drilled thereafter. The City would also receive an Off-site Drilling Overriding Royalty of 3.00% of all oil, gas and other liquid or gaseous hydrocarbons produced for off-site wells drilled from the surface of City of North Richland Hills land. DDJET &HEP, including the property currently under discussion, will have leases totaling 656.69 net mineral acres, of which approximately 162 acres are owned by the City. Upon the completion of leasing activities, the site could have access to more than 1,400 acres. A public hearing will be held during Regular Session regarding mineral development at JB Sandlin Park and Little Bear Creek Park. A public hearing is required for all new leasing in dedicated public parks. A Resolution must be passed in Regular Session authorizing the City Manager to execute the leases and a surface use agreement, which would stipulate the conditions for the drill site. Recommendation: Approve Resolution No. 2008-045 authorizing the City Manager to execute Oil and Gas Leases for JB Sandlin Park and Little Bear Creek Park and a Surface Use Agreement for Little Bear Creek Park. RESOLUTION NO. 2008-045 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 Oil and Gas Leases for JB Sandlin Park and Little Bear Creek Park and a Surface Use Agreement for Little Bear Creek Park. PASSED AND APPROVED this 14th day of July, 2008. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. 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P ~~//~~ V ~ ~ r _ °~ jr t • ~ ,q ~ } ~, t ~} ;, `fit 4 ~ ~-~ :~ ,dti °w c ,¢ la ~y,. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 7-14-2008 Agenda No. H.1 Subject: IR 2008-080 CrimeReports.com INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-080 ~~ .a ~`, , Date: July 14, 2008 :~. .; ... ,~ ,. ; ~~ ~-- '~,~~ Subject: CrimeReports.com The public frequently expresses an interest in crime data occurring in their communities. This crime data is provided to the public in a number of ways including periodic emails, public meetings and in response to specific requests. The Police Department has identified a new means of providing crime data to the public. CrimeReports.com provides law enforcement agencies with an affordable and easy-to- use Web-based service for managing and controlling the sharing of crime data with the public, in near real-time. A CrimeReports.com user simply enters an address of interest, city name, or even a zip code, and clicks on "Get Report" to see criminal activity in a given area on an easy-to-use map interface. The user can even search for specific crime types. CrimeReports.com allows the Police Department to manage and control which types of crime reports and which details on a report are shown to the public. Victim identification is removed as part of the data publishing process. In addition, victim identities are further protected by converting the exact street addresses to the "block level." For example, the address "1486 Lincoln Avenue" would be mapped and displayed as "1400 block of Lincoln Avenue." The Police Department will update CrimeReports.com data on a daily basis. With CrimeReports.com, users can access their neighborhood crime information for free, empowering them to make informed decisions to help improve the safety of their families, friends, property and the community at large. CrimeReports.com enables the Police Department to put crime data in the hands of those who care about it most - ourcitizens. Respectfully Submitted, Jimmy Perdue Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Welch Council Meeting Date: 7-14-2008 Agenda No. H.2 Subject: Announcements -Councilman Welch Announcements Dive-in Movies continue on Friday nights at NRH20. Join us on July 18th for "Surf's Up" and July 25th for "Spiderman 3." Dive-in Movies are free with paid admission to the park. For more details, please call 817-427-6500. North Richland Hills is offering Think Green education sessions each month at the Recreation Center. The July 19th session will focus on Home Energy Conservation and Renewable Energy. The cost is $10 for adults and free for children 18 and under. This session will be held from 1 to 3 p.m. To register or get more details, please call 817- 427-6600. Iron Horse Golf Course continues to be one of the Best Public Golf Courses in Texas. Most recently, Iron Horse was recognized with the Reader's Choice Award in the Fort Worth Star-Telegram. To learn more about this great facility, stop by or call 817-485- 6666. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Kevin Carrothers and Aaron Sultan, Library A resident e-mailed to thank Kevin and Aaron for consistent, excellent customer service. When asked a question, they respond thoughtfully, cheerfully and completely, making sure the customer really receives what is needed. The residents also expressed congratulations on the new library, saying it is stunning. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7-14-2008 Agenda No. H.3 Subject: Adjournment