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HomeMy WebLinkAboutCC 2009-11-09 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, November 9, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-113 BIG Program Update and Business Eligibility Feedback (5 Minutes) A.3 IR 2009-114 Update on Gas Well Sites and Proposed Gas Pipelines (15 Minutes) A.4 IR 2009-112 Continue Review of Recreation Center Facility Components and Site Plan (30 Minutes) A.5 IR 2009-115 NRH2O 2009 End of Season Report and Future Planning (20 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 551.072 Texas Government Code to Discuss Land Acquisition in Southwest Portion of City B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Litigation: Equal Employment Opportunity Commission v. City of North Richland Hills 3:08-CV-01358 B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills B.4 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Threatened Litigation from Arcadia Realty Concerning Home Town Development B.5 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Litigation: Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills C.0 Adjournment NRH City Council -November 9, 2009 Page 1 of 6 Certification 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 November 6, 2009 at ~3 :~ 9' ~~ 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. NRH City Council -November 9, 2009 Page 2 of 6 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, November 9, 2009 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) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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. NRH City Council -November 9, 2009 Page 3 of 6 B.1 Approval of Minutes of October 26, 2009 City Council Meeting B.2 PU 2009-034 Award Bid No.10-004 for the Walker Creek Channel Dredging Project to 2L Construction in the amount of $90,201.00 6.3 PU 2009-035 Award Bid No. 10-005 for the Street Sub-grade Stabilization Project to Reliable Paving in the amount of $53,792.04 B.4 PU 2009-043 Award Bid No. 10-003 for the Miscellaneous Concrete Improvement Annual Contract to Hard Kountry Concrete B.5 PU 2009-036 Authorize Payment to Motorola in the amount of $351,935.21 for Radio Maintenance Agreement B.6 PU 2009-037 Authorize Inter-local Purchasing Agreement with the City of Southlake B.7 FP 2008-10 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of Lots 1-5, Block 1, Precinct Line Office Park Addition (located in the 6500 Block of Precinct Line Road - 3.196 acres.) B.8 PW 2009-045 Approve Amendment No. 2 to the Interlocal Agreement for Design Services for the North Tarrant Parkway Street Improvements Project B.9 PW 2009-044 Approve a Budget Revision and Recommend Award of Bid for the Community Development Block Grant - Recovery Project: Charles Street Offsite Drainage Improvements to Canary Construction, Inc. in the amount of $64,895.88 - Resolution No. 2009-034 B.10 GN 2009-082 Approval of New Committee Members to the Youth Advisory Committee B.11 GN 2009-084 Consider acceptance of a 2009 Homeland Security Grant #2009-SS-T9- 0064 in the amount of $11,883.08 for Community Emergency Response Team (CERT) training and equipment B.12 GN 2009-086 Graffiti Ordinance update to reflect current Texas Law -Ordinance No. 3080 B.13 GN 2009-088 Authorize City Manager to Execute Agreement for Night of Holiday Magic Property Use C.0 PUBLIC HEARINGS C.1 ZC 2009-06 Public Hearing and Consideration of a Request from David Thorne for a Zoning Change from AG (agricultural) to R-1-S (special single family) on Tract 7B, Abstract 1055 (located at 6525 Crane Road - 2.437 acres.) -Ordinance No. 3078 NRH City Council -November 9, 2009 Page 4 of 6 C.2 ZC 2009-09 Public Hearing and Consideration of a Request from Charles Paul for a Zoning Change from AG (agricultural) to R-1-S (special single family) on Tract 1 B09, Abstract 1266 (located at 7408 Continental Trail - 2.27 acres.) -Ordinance No. 3079 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2009-04 Consideration of a Request from David Thorne to Approve a Final Plat of Lot 1, Block 1, Thorne Addition (located at 6525 Crane Road - 1.009 acres.) D.2 FP 2009-05 Consideration of a Request from Charles Paul to Approve a Final Plat of Lot 1, Block 1, Paul Addition and approve developer agreement subject to receipt of title policy guaranteeing developer's security for proportionality (located at 7408 Continental Trail - 2.27 acres.) E.0 PUBLIC WORKS E.1 PW 2009-043 Approve Contract Amendment No. 1 to the Engineering Agreement with Kimley-Horn & Associates in an amount not to exceed $79,500.00 for the North Tarrant Parkway Project F.0 GENERAL ITEMS F.1 PU 2009-038 Award Bid No. 09-044 for the Traffic Signalization at Holiday Lane/Chapman Road/Meadow Road Intersection to Independent Utility Construction in the Amount of $205,831.05 F.2 PU 2009-042 Award Bid No. 10-006 for the Big Fossil Creek Sewer Line Project to Jackson Construction in the amount of $99,000 F.3 PU 2009-039 Approve the Purchase of a Frazer Ambulance from Knapp Chevrolet in the amount of $171,500 F.4 PU 2009-040 Approve the Purchase of a KME Rescue Pumper Fire Engine to Gulf Coast Emergency Vehicles in the Amount of $564,742 and Amend the Fiscal Year 2009/2010 Capital Improvement Project Budget F.5 PU 2009-041 Approve the trade in of City-owned pistols towards the purchase of new Glock pistols and related equipment from GT Distributors F.6 GN 2009-085 Approve an Economic Development Agreement with Prestige Ameritech, L.T.D. for 7201 Iron Horse Boulevard F.7 GN 2009-083 Cast Ballot for Tarrant Appraisal District Board of Directors -Resolution No. 2009-035 NRH City Council -November 9, 2009 Page 5 of 6 F.8 GN 2009-087 Approve Naming Recommendation for the New Park Located on Grand Avenue -Resolution No. 2009-036 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 Announcements -Mayor Pro Tem Turnage H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on November 6, 2009 at ~ ~~ 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. NRH City Council -November 9, 2009 Page 6 of 6 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, November 9, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-113 BIG Program Update and__Business Eligibility Feedback (5 Minutes A.3 IR 2009-114 Update on Gas Well Sites and Proposed Gas Pipelines (15 Minutes A.4 IR 2009-112 Continue Review of Recreation Center Facility Components and Site Plan 30 Minutes) A.5 IR 2009-115 NRH2O 2009 End of Season Report and Future Planning (20 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 551.072 Texas Government Code to Discuss Land Acquisition in Southwest Portion of City B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorne}~egarding Litigation: Equal Employment Opportunity Commission v. City of North Richland Hills 3:08-CV-01358 B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills B.4 Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Threatened Litigation from Arcadia Realty Concerning Home Town Development B.5 Consultation with Attorney regarding Litigation: Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills Executive Session: Pursuant to Section 551.071 Texas Government Code for C.0 Adjournment CITY OF NORTH R/CHLAND H/LLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-113 i 3 :.. .~ Date: November 9, 2009 .`~~.,s<, ..,a Subject: BIG Program Update and Business Eligibility Feedback Thanks to City Council, the Business Improvement and Growth (BIG) Program that provides technical and financial assistance to commercial property owners and tenants is a success. Since the launch of the program in January of 2009, the following activity has taken place: 60 total applications handed out (10 since October 1, 2009) 13 applications submitted 7 completing the bid process 6 commencing construction 4 completed projects To date, $33,000 of BIG Program funds have been granted toward overall projects costing $147,000, a 450% return. Currently only businesses along Boulevard 26, Davis Blvd. and Rufe Snow south of Mid Cities are eligible for the program. Albeit successful within the eligible designated area, Glenview Drive and Bedford-Euless Road north of Loop 820 could also benefit from the program. These two corridors are host to similar conditions relative to mature properties in need of renovation or restoration. There are a total of 51 additional properties that could be eligible, of which 2 properties would immediately participate. The Economic Development Department would like Council's feedback on the inclusion of Glenview Drive and Bedford-Euless Road north of Loop 820 into the program's eligibility criteria. Respectfully Submitted, Craig Hulse Director, Economic Development ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Current Eligibility Proposed Eligibility INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-114 Date: November 9, 2009 N 9 Subject: Update on Gas Well Sites and Proposed Gas Pipelines Staff continues to work with gas operating and pipeline companies under the guidelines established in Chapter 104 Gas Drilling and Production Ordinance. NRH currently has four gas well sites including Graham, Morrow Stevens, BISD and TCCD. Chesapeake Energy controls all existing gas well sites located in North Richland Hills. Staff has issued a total of 12 gas well permits with 3 gas wells in production, 7 gas wells drilled currently awaiting pipeline construction and 2 gas well permits pending drilling. Staff anticipates a few more gas well sites to be established within the community with most of these well sites accommodating multiple wells. A major issue with gas well production is the proposed construction of several gas pipelines throughout the city. Currently the Graham well site is the only existing well site that is connected to a pipeline allowing for production and the ability for mineral owners to receive gas sales royalties. The remaining gas well sites including 7 capped wells are not connected to any pipelines to allow for active production. For this reason, Texas Midstream Gas Pipeline Services Company serving as the pipeline provider to Chesapeake Energy has been actively acquiring private pipeline easements to build new gas pipelines connecting existing and proposed well sites. Texas Midstream and Enterprise Texas pipeline companies have obtained survey permission from the City and have been acquiring pipeline easements during the past several months. We understand that Texas Midstream has acquired over 90 % of necessary private easements and are now seeking the City's approval for right-of-way crossings and city owned property easements. Texas Midstream plans to construct several major pipelines to connect to the existing BISD, TCC and Morrow Stevens well sites to allow for the existing capped wells to begin production. Proposed new well sites along the Texas Midstream pipeline route also include the Little Bear Creek Park site and the Engler property. Chesapeake Energy is also currently investigating the possibility of a new gas well site in the proposed Iron Horse TOD area. Staff is currently meeting with Chesapeake to see if there are other properties outside the Iron Horse TOD district that could be utilized instead of the Iron Horse TOD area. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ In an effort to seek cooperative support with gas pipeline companies the City Council passed Resolution No. 2008-037 on June 23, 2008 that: 1) encouraged pipeline companies to use existing utility and roadway corridors; 2) have open dialog with property owners; 3) utilize direct boring where possible burying utilities a minimum of 5 feet; and 4) establish pipeline easements away from residential neighborhoods and on the peripheries of prime commercial properties. The City has also required survey approval for pipelines crossing rights-of--way and city owned properties with stipulations as outlined in the Council resolution. As Council is aware, currently gas pipeline companies have the legal rights as any public utility when it comes to the acquisition and condemnation of property for new pipelines. Cities have no formal regulatory control on private property regarding gas pipelines and can only regulate gas pipelines within rights-of-way and on city owned properties. Staff will be making a power point presentation updating the City Council on existing and proposed well sites and proposed pipelines throughout NRH. We will also have a detailed pipeline alignment map for review. In addition, Staff will cover some future minor changes that are needed to our Gas Ordinance. Staff plans to come back in December with this ordinance revision. Staff also plans to bring the right-of--way and city owned property license agreements for City Council approval during the first quarter of 2010. Both Texas Midstream and Enterprise Texas plan to begin major pipeline construction in North Richland Hills in mid to late 2010. Staff will be available to answer any questions. We have also requested representatives from Chesapeake Energy, Texas Midstream and Enterprise Texas to be present at the work session meeting. Respectfully Submitted, John Pitstick, Director of Planning & Development INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-112 ,ht _js ~; Date: November 9, 2009 ~.~; `' ~~;i Subject: Continue Review of Recreation Center Facility Components and Site Plan At the October 26th City Council Work Session, Brinkley Sargent Architects provided an update on the progress of the recreation center. The recommended facility components were based on results from the public input process which helped define the space and subsequent building blocks. The site plan was also reviewed with an explanation of the recreation center's connection to adjacent facilities and future civic core. Included in the review was the recommended senior center component along with options for funding. The recommendation for senior services and the types of amenities is supported by the Senior Advisory Committee and three senior public input meetings. The remaining area of discussion was LEED certification and the process and levels of certifying a facility. Because there was not adequate time at the October 26th meeting to get direction from Council on several key areas, Brinkley Sargent Architects will present a condensed version of the site plan presentation for additional Council input and consideration. Staff is seeking input and direction from Council on the following items: 1. Recreation Center Components 2. Conceptual Site Plan 3. Council Approval of the Addition of Senior Services 4. Method of Funding the Additional Space ($2.5 million) 5. Sustainable Design and LEED Certification Respectfully Submitted, Vickie Loftice Managing Director Attachment: IR 2009-107 Review Recreation Center Facility Components and Site Plan (10-26-09) ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ ATTACHMENT I R 2009-10 7 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-107 Date: October 26, 2009 ~'. 4.. ~~~' Subject: Review Recreation Center Facility Components and Site Plan Brinkley Sargent Architects is currently working on the design of the recreation center and have completed the recreation center conceptual plan and site plan for City Council review. The recreation center project was initiated in 1999 with a budget of $21.9 million. The majority of the funding is provided through TIF #2 with $1.1 million funded through the Park and Recreation Development Corporation. Recently, the TIF accumulated the necessary funds to begin the project. Public input, requested amenities, demographics and cost recovery goals provided the basis for the original scope of the project. At that time, the size of the facility was anticipated to be approximately 100,000 square feet. Because of inflation, including cost of materials and construction, the size of the facility has been reduced to meet the project budget. Nevertheless, most of the original planned amenities will still be included, providing an outstanding recreation center. In March 2009, the city purchased 10 acres of land immediately north of the Library and east of Walker Elementary School for the recreation center site. Funding for the property was provided through city gas well revenue. The site will provide connectivity to the Library, Walker Elementary School and the future Performing Arts Center creating a civic core and a dynamic sense of place that will attract residents and visitors alike. Other advantages to the site include adequate space for on-site parking and future expansion. The recommended programmatic elements, which guide decisions on the types of facility amenities and interior spaces, are a result of public input and stakeholder meetings. In May 2009, two general public meetings were held along with 14 stakeholder meetings. Stakeholder meetings included the business community, educational institutions, current recreation center users, mom's groups, fitness instructors, seniors, city departments, youth groups and homeowner associations. The top requested amenities in order are: Indoor Aquatics, Cardio/Weights, Walking Track, Youth Programs, Aerobics, Gymnasium, Meeting Space, Racquetball and Senior Space. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ The public input received verifies much of the original programmatic elements as recommended in the Leland Study, the Town Center Recreation Center Executive Summary, TIF #2 recommendations and public input received during the initial planning stages between 1999 and 2000. While senior services were not originally included in the plans for the recreation center, staff is recommending that a senior facility component be included in the design of the recreation center. Although Dan Echols and Bursey Road Senior Centers have provided adequate services over the years, both centers are dated with facility limitations. By including a modern senior center in the design of the recreation center, seniors will have access to all amenities within the recreation center while still having their own dedicated space. Programs currently offered at the two existing senior centers would be transferred to the new facility and the existing centers would be used for other municipal purposes. To gauge public interest in combining the two senior centers into one new facility, a Senior Services Committee was established and three senior public input meetings were held. Of the 277 people in attendance, 95% supported the addition of senior services. The recommended size of approximately 7,500 square feet for the senior component is a result of public input and quantifiable needs based on current programs. Since senior services were not included in the original recreation center plan, the estimated $2.5 million cost will be in addition to the $21.9 million project budget. The additional cost includes design services, FF&E and a portion of infrastructure. Two options are available to fund the additional senior center space. With approval from all participating taxing entities, the TIF #2 Financing Plan can be modified to include the additional cost. The inclusion of senior services supports objectives of the TIF as well as the Home Town urban concept. The Finance Department has reviewed the TIF #2 Financing Plan and has determined that there is adequate capability for the additional cost. The other funding option is through the Park and Recreation Facilities Development Corporation 4B Sales Tax. This option will require that the Walkers Creek Park Phase II project be delayed two years and the renovation of Northfield Park be delayed four to six years depending on sales tax growth over the next few years. The Park and Recreation Board reviewed the recreation center conceptual plans, including the senior component, at their October 5 meeting and unanimously supported the recommended programmatic elements and conceptual plans. Schematic Design will continue through November 2009 and Design Development will be completed in April 2010. Following completion of the construction documents, facility construction will begin in September/October 2010 with the facility substantially complete by the end of December 2011. Brinkley Sargent Architects will present a PowerPoint presentation on findings of the public input process, the resulting programmatic elements and recommended amenities as well as schematic site design. Staff is seeking Council input and direction on the following: 1. Recreation Center Components 2. Conceptual Site Plan 3. The Addition of Senior Services 4. Method of Funding the Additional Space ($2.5 million) 5. Sustainable Design and LEED Certification (Information attached) Respectfully Submitted, Vickie Loftice Managing Director INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-115 x: Date: November 9, 2009 `" :~=~}_; :~.z ~ Subject: NRH2O 2009 End of Season Report and F uture Planning ~!1 Staff has prepared the 2009 NRH2O Season Report for your review. The report outlines park performance in attendance, marketing, on-park profit centers, team member performance, financial performance and survey results. The 2009 Season got off to a promising start with early pre-season revenue significantly higher over the previous year. Pre-season ticket sales were up 10 percent and Exclusive Group revenue was up more than 90 percent. While these indicators were positive signs for the park, the opening weekend was rainy and overcast, which foreshadowed what was to come. From this point on it was a struggle against the elements separated by spans of good weather and good performance. The poor weather impacted the park at strategic points including opening weekend (an important time for season pass sales), Memorial Day weekend and the last two weeks of July. The NRH2O team responded to the lower attendance with staffing adjustments wherever possible. While controlling labor cost is important there is a delicate balance between staffing reductions, as a cost cutting measure, and guest service goals. Most importantly, staffing is never reduced to a level that compromises guest safety. For example, the Endless River requires five team members to operate whether there are 200 or 2000 guests on park. On a positive note, the park opened "Beachside Bay", a tropical sand beach lagoon and waterfall. The new attraction was tremendously popular with all age groups and attracted big crowds during good weather days. Chris Swartz, NRH2O Park Manager will summarize the 2009 Season as well as operating and pricing recommendations for 2010. As a reminder, in 2005, City Council adopted the NRH2O Strategic Plan which defined the methodology regarding pricing at the park and the setting of a "marquee rate". This marquee rate is the maximum that NRH2O can charge for a ticket. Varying levels of discounts are then provided based on market conditions. This pricing approach allows NRH2O management the flexibility to respond and adapt to the market. For example, the 2009, marquee rate was $22.99. Several discounts were available throughout the season which lowered the rate as much as $6.00, resulting in a final price point of $16.99. Finally, a review of possible future attractions will be presented. Staff is currently researching several options based on th a project budget and site considerations. Respectfully Submitted, Vickie Loftice Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS NRH2O 2010 Recommended Not to Exceed Ticket Prices 2009 2010 2010 Change Actual Strategic Plan Recommended 2010 - 2009 Recommended Resident Adult $12.99 N/A $13.99 $1.00 Resident Child $10.99 N/A $11.99 $1.00 General Adult $22.99 N/A $23.99 $1.00 General Child $18.99 N/A $19.99 $1.00 Res. SP Adult $69.99 N/A $74.99 $5.00 Res. SP Child Family of 4 $239.96 N/A $259.96 $20.00 Gen SP Adult $79.99 N/A $84.99 $5.00 Gen SP Child Family of 4 $279.96 N/A $299.96 $20.00 2009 NRH20 - End of Season Report 2009 Season Report Introduction Staff has prepared the 2009 NRH2O Season Report for your review. The report outlines park performance in attendance, marketing, on-park profit centers, team member performance, financial performance and survey results. The 2009 Season began positively, right up to the point where the park opened for the season. Pre-season revenues overall were over 10 percent higher than in 2008, with Exclusive revenues over 90 percent higher than the prior year. From this point on however, it was a struggle against the elements separated by spans of good weather and good performance. The park opened for the summer under rainy skies, and this continued sporadically throughout the season. The poor weather impacted the park at strategic points including opening weekend (an important time for season pass sales), Memorial Day weekend and throughout the last two weeks of July. The NRH2O team responded to the lower attendance with adjustments where possible. Staffing adjustments were key and were completed on a day to day basis. However, there exists a delicate balance between staffing reductions as a cost cutting measure and guest service goals. This balance maintains an appropriate performance from the park overall. At no time does reducing safety staffing become an option for park management. In other words, the Endless River requires five team members to operate regardless of attendance levels. There can be 200 people on park or 2,000; the Endless River requires the same level of staffing. Attendance Total attendance for 2009 was 231,379 compared to 233,654 for the 2008 season. This was a tenth place finish in the 15 season history of the park's operations and was within 5,000 visits of the average of all previous seasons. Through July, the park was in thirteenth place overall in attendance, but then rebounded to tenth overall due to strong performance in August and September. The park saw an increased visitation of over 17,500 for this period. Due to the recent realignment of the local school calendars, it is expected to see lower attendance at the beginning of the summer and increased attendance at the end of the summer. 1 ~~ io Financial Performance NRH2~ finished the season with approximately X3.85 million in revenue for Fiscal a8-09. This was approximately a decrease of 2.28 percent to last year. -_ Park Revenue Sapoo,ooo S3,75 D,000 S3~00,000 S3,250,000 $3,00 0,000 52,750,000 52,500,000 S2~50,000 S2,000,000 2 ~ P a~ e Attendance Comparison Park expenses, including indirect cost transfer to the general fund ($112,783) and allocation expense transfers to the general fund ($140,787), totaled approximately $3.3 million. Recap of the 2009 Season -Marketing Throughout the 2009 season, the marketing division of NRH2O Family Water Park conducted a comprehensive advertising campaign, aggressive promotions and multiple special events to successfully position NRH2O as the Metroplex's Family Water Park. Various advertising mediums were utilized, including television, radio and print. Season Passes Season pass sales decreased by 2,070 passes from 12,838 passes sold in 2008 to 10,768 passes sold for the 2009 Season. This was a decrease of over 16 percent. The park implemented a direct mail campaign during the holiday season, offering a $10 discount to guests who purchased a season pass prior to December 24t". As usual, the park also offered a special entertainment package for those who purchased their season pass prior to opening day. This entertainment package included a souvenir NRH2O bottle, in- park coupons, coupons for local businesses and free admission tickets for friends. The package was valued at over $35. Season passes were advertised through a direct mail campaign sent to past season pass holders and a database of names collected by the park, in addition to a water bill insert sent to North Richland Hills residents. Purchasing four or more passes offered guests the best possible discount with prices of $69.99 for general season passes and $59.99 for discounted resident prices for those living in the same household. Marketing, Advertising and Promotions Recap With continued competition in the Dallas/Fort Worth area, NRH2O's marketing strategy maintained its focus on Tarrant County. The focal point of the 2009 Season's advertising campaign was to introduce Beachside Bay, as well as further publicize NRH2O Family Water Parkas the place for summer family fun. The advertisements continued to convey the scope of the facility (showing how the park differs in size from competing smaller facilities) and publicized the offers with the park's two promotional partners, Chick-fil-A and Dr Pepper. Radio and Television Media Coverage Channel 5 mentioned Night of Holiday Magic and its Snow Hill attraction at NRHzO on December 6t" and 7t". This was the first year that NRHzO hosted the City's Night of Holiday Magic event. 3(~a On January 20t", Channel 5 mentioned NRH2O and the addition of Beachside Bay. The spot mentioned the volleyball court and lagoon style pool designed with teens in mind. NRHzO was mentioned on Channels 8 and 11 on January 31St as the host of Polar Plunge, a fundraiser for the Special Olympics. North Texans dressed up in costumes and rode down the Green Extreme; this was the second year NRHzO hosted Polar Plunge. Channels 5, 11, and 21 featured NRH2O during a segment, Survive in 09, regarding our job fairs and hiring in a down economy. The segment mentioned our job fair turn out and how adults were competing for jobs that were once dominated by a younger workforce. On April 3rd, Channel 11 mentioned NRHzO as the host of the City's Sounds of Spring concert series. This was the third year NRHzO hosted the concert series, which ran every Friday evening April 3rd thru May 9t" Channel 5 News featured NRH2O on May 14t" to help promote the park's opening day. During broadcast, the news mentioned our "Buy one, get one free" discount as one of their money saving tips. Channel 5 covered the park's "Buy one, get one free" discount again on June 15t" as one of their Deals and Discounts for Money Saving Mondays. On July 10t", Channel 5 broadcasted from NRH2O with the Splashatory as its background. They reported on heat advisories, drinking plenty of water, and staying cool during the high temperatures. Print Media Coverage -Publicity Throughout the summer, the Fort Worth Star-Telegram and Dallas Morning News featured NRH2O in numerous articles and listings. Dive-In Movies were regularly mentioned in the Dallas Morning News Guide and the Fort Worth Star-Telegram YourLife. The movies were highlighted in various locations throughout the Star- Tel egram. The paper and Star-Telegram.com covered many of the special events, such as the park's birthday party and the Free Father's Day event, and job fairs. NRH2O's newest attraction, Beachside Bay, was featured in the Star-Telegram on January 20t". The article focused on "tweens" and how the attraction was designed with them in mind with a volleyball court, technology deck, tanning deck, and "wet" lounge. Other family publications, including Fort Worth Child, Suburban Parent, and local newspapers featured many of NRH2O's events in their family calendars as well. 4~i~e Print Advertising NRHzO continued to focus its newspaper advertising on park events. The Dive-In Movie Series was advertised through eight large ads that ran in the Fort Worth Star-Telegram Northeast section promoting each week's movie. In addition, Star-Telegram ads were run to promote various events that occurred at the park. NRH2O also ran advertisements promoting birthdays and season passes in Tarrant County family publications including Fort Worth Child, Suburban Parent and Society Kids. Throughout the summer Fort Worth Child Magazine's website and emails gave great exposure to our special events. Website The park is continuing to see an increase in guests and potential visitors utilizing the NRHzO website. In 2009, the site was used to promote special events, discounts and promotions. NRH2O continued to offer online ticket and season pass purchasing through the website. This season, 6,458 online one day ticket purchases were generated throughout the season in comparison to 2008 when the site generated 9,958 online ticket purchases. The park also sold 3,974 season passes through the website. During the 2008 season 4,280 passes were sold online and during the 2007 season, 2,667 season passes were sold online. Selling tickets and season passes online offers guests the convenience of purchasing from home in conjunction with 24/7 availability. E-mail E-mail has become an integral component of NRH2O's marketing strategy. In 2009, e- mails were used to promote special events, communicate time sensitive information to guests and offer special promotions throughout the season. NRH2O has compiled an e- mail distribution list of over 23,000 active and verified addresses including season pass holders, past NRH2O guests and potential guests who have participated in NRHzO contests and promotions. Following the Parks and Recreation Department's lead, NRHzO transitioned to using Constant Contact for mass a-mail communication with its guests. This powerful tool allows a guest to opt in or out automatically which ensures that NRHzO only sends emails to those wishing to receive them. Over 165,000 emails were sent out during the 2009 Season with an open rate of 28.0 percent. Radio and Television Advertisements NRHzO partnered with Time Warner Cable Media and Viamedia (Verizon FiOS) this season to effectively target our Tarrant County market. These stations were specifically selected based on survey data given to the park that specified which stations matched up with mothers and children who frequent waterparks. The programming, during which NRH2O advertisements aired, was geared towards children and mothers. Channels included Discovery, Lifetime, Disney, TLC, Cartoon Network, USA Networks, Food Channel, A&E, Oxygen, Animal Planet, TNT, etc. The park also advertised on Channel 4 throughout the months of June and July with spots airing during the morning news. 5~~a~ NRHZO ran advertisements on three radio stations that were chosen based on the park's target market. The radio stations NRH2O partnered with during the 2009 season included KHKS 106.1, KLTY 94.9 and Radio Disney 620. In addition to advertisements, these stations provided additional promotional exposure through on site radio remotes and van stops. As a part of these added value promotions, NRH2O received additional coverage through announcements leading up to the events and remote broadcasts. Social Media NRH2O integrated social media to further market itself as the Metroplex's Family Water Park through the use of MySpace, Facebook, and Twitter. Social media allows NRH2O to communicate with guests in a timely manner regarding special events, discounts, contests, and other pertinent park information. NRH2O can post blogs, messages, calendar events, pictures and bulletins for subscribed members; while members can post feedback through messages and respond to postings from NRH2O. Over 1,200 guests follow NRH2O through at least one of the three social networks on the web or through an application for their cell phones. Season Pass Promotions The 2009 season kicked-off with a holiday season pass sale that began the week following Thanksgiving and continued through December 24, 2008. Prior to the start of the campaign, a direct mail piece was sent to the previous year's season pass holders and a database of names that were compiled through the park's website. Additionally, the sale was promoted through water bill inserts sent to North Richland Hills residents. The holiday season pass promotion included a $10 off discount, special incentives and a souvenir bottle good for $1 refills all summer long. The park sold 533 season passes online during the sale compared to 590 the previous year. NRH2O also held a spring season pass special prior to the May 16t" opening of the park offering $5 off. The promotion was directed at Northeast Tarrant County residents, with the offer distributed through direct mail. Brochure The 2009 general park brochure showcased the Dive-In Movie schedule, a host of special events, the 2009 operating schedule, information about birthday parties and admission prices. A "fun" map was included showing the locations of the attractions and amenities. Roughly 90,000 brochures were distributed during the 2009 season to park guests and targeted locations throughout the Metroplex. Promotions During the 2009 season, NRH2O launched across-promotion with Northeast Tarrant County Chick-fil-A restaurants. Beginning opening day and continuing through the end of June, eight Chick-fil-A restaurants across Northeast Tarrant County partnered with NRH2O to distribute $4 off coupons to all customers at each location. In addition, each 6~age of the locations displayed point of purchase (POP) materials that featured NRH2O and the coupon offer. Throughout the second half of the season, Dr Pepper included a $4 off discount coupon on the side of cans that were distributed throughout Dallas and Fort Worth. The special offer was printed on 2.4 million cans. Donations NRH2O donates daily admission tickets to several hundred organizations each year, in exchange for promotional advertising at school carnivals, charity events and fundraisers. In 2009, over 700 organizations, including more than 40 Birdville Independent School District schools, North Richland Hills churches and North Richland Hills businesses, benefited from NRH2O's dedication to serving the community. Approximately 1,400 tickets were awarded to these worthy organizations. Special Events Special events continued to play an integral role during the 2009 season. These events are important to the park as they help gain additional publicity, encourage new guests to visit the park, give season pass holders more reasons to attend the park on multiple occasions and enhance the overall family friendly character of NRHZO. ~. New this season was the introduction of Splash Bash, "tween" exclusive hours, held four Saturday nights during the months of June, July and August. Splash Bashes were held on June 27t", July 11t" and 25t", and August 8t". Anyone could attend, but the events were marketed to "tweens", 11-14 year olds, with Rock Band contests, performances by local bands, dances, and of course late Saturday nights. NRH2O promoted Splash Bash with a local DJ during the week with Rock Band contests where guests could win tickets to attend the upcoming event and with KHKS 106.1 two hours before Splash Bash began. Dive-In Movies continued to play a major role in the park's success throughout the 2009 season. This season, the movies were sponsored by Radio Disney, and shown every Friday night beginning June 12t" and ending July 31St. The 2009 season line-up included Madagascar Escape 2 Africa, Indiana Jones and the Kingdom of the Crystal Skull, Open Season 2, The Incredible Hulk, Kung Fu Panda, laws, Journey to the Center of the Earth 3D, and Iron Man. Dive-In Movie nights generated approximately 1,000 more guests than other Friday nights throughout the season, illustrating the popularity of this unique and fun event. Prior to the Dive-In Movies, Jay Jenson with Radio Disney came out to the park to play games with the guests and give away prizes. NRH2O continued to display summer fireworks one Saturday night per month for June, July and August. Displays were held on June 20t", July 18t" and August 15t". The shows on July 18t" and August 15t" resulted in attendance rankings for those two days for the season of number two and three, respectively. ~~~~~ On May 30th, NRH2O hosted Safety Day with Tarrant County 911 and the City of North Richland Hills. Guests were able to explore fire trucks, ambulances, and a police car provided by the City. There were also opportunities for guests to win prizes for answering Safety Trivia questions, as well as a visit from Tarrant County 911's Red E Fox. On June 1St, NRH2O celebrated the park's 15th season of operation with its annual birthday party. Guests were able to visit the park for $15 for the day and participate in birthday festivities during the afternoon hours. Activities included: carnival games and prizes, clowns, free drinks and popcorn and Dippin' Dots samples. A majority of the guests who were on park attended the event that afternoon. On Wednesday, June 10th, NRHzO held "An iPod an Hour Giveaway Day" and received over 200 entries for a chance to win an iPod shuffle every hour during the park's operation that day. Although season pass holders and other guests made a special trip to the park in order to place their entry, the event did not yield quite as many additional guests as in past summers due to inclement weather. NRH2O's Father's Day tradition continued with the park letting the first 100 fathers in for free on Father's Day, Sunday, June 21St Wednesday, July 15th was the Rock Band Giveaway from 11:00 a.m. to 2:00 p.m. Contestants competed for prizes by playing and singing in a virtual band, and they could ~ sign up for a chance to win a Rock Band Gaming System. Guests visited NRH2O on Saturday, August 15th to meet players from the Texas Brahmas, the Central Hockey League Champions. They were able to get autographs and have their picture taken with the players and Championship Trophy. NRHzO also held several drawings for guests who entered to win a ride down the Green Extreme or Accelerator with one of the players; as a bonus they got to skip to the front of the line! Group Sales Department Over 40,000 tickets were sold in various group categories including Group Tickets, Exclusive Park Rentals, Catering, Consignment Tickets and Birthdays. This is a slight decrease from 2008. The total revenue for the department exceeded $668,735. The department was also responsible for over 17% of daily revenues and nearly 17% of daily attendance during the 2009 season. Group Tickets The 2009 season once again offered exemplary services and accommodations to over 779 registered groups that visited the park in 2009. Furthermore, NRH2O served a wide variety of groups as represented graphically below. s~~~~ t 6°l0 6 °lo $°lo 10% 10% ® Birthday ^ Chureh lid Corporate ^ Day Camp ® Day Care Family Reunion Non-Profit Irll Oth e r ~ Sehool group Percentage Churches, as expected, represented a large percentage of group business due to a pre- season marketing campaign to area youth groups and church groups. Municipal day camps and daycares also demonstrated a large number of group attendance and will continue to do so based on N RH2~'s pricing and safety policies. NRH2~ was an ideal site for these groups who not only rented one of the many picnic areas but stayed for the duration of the day. There was a decrease in the area of corporate groups that historically spend more per capita than other attendance categories. The online reservation option that was added in 2004 continued to provide another popular outlet for groups to register this season. This option could be accessed through the park's website and linked to a registration farm to be filled out and sent directly to the Group Sales Representative. This service, utilized by 163 groups, allowed group leaders to register and request reserved seating and catering 24 hours a day. An email or phone call was used to confirm these reservations by the Group Sale's staff ante the farm was received. Group Pricing The group reservation pricing structure enabled guests to receive varying discounts based on group attendance. The Basic Group Rate was offered to those group guests who did not make a reservation prior to arrival. The Registered Group Rate was offered to groups depending on quantity purchased. The price ranged from $14.54 per person to $19.50 per person depending on attendance. A vast majority of the department's revenue is generated by these daily ticket sales. Group Seating Facilities The Forest Picnic Areas, the Splashatory Picnic Areas and the Group Pavilion rentals remained a popular choice for groups and organizations who wanted to provide 9~Page reserved seating for their guests. Nearly 361 registered groups took advantage of this offer and generated an additional $38,510 in revenues. The Forest Picnic and Splashatory Picnic areas accommodated small groups {25-30 per sited in a shaded area. The park's main pavilion seats 275 people, while each Bayou Banquet seats approximately 250 guests each. These areas are generally reserved for large groups and catered events. The Deceleration Zane continued to be a popular choice for families and small groups. The Deceleration Zone has 4 private open air cabanas seating approximately 4-6 guests each. Each cabana comes with reserved shaded seating all day, discounted admission tickets, wait staff throughout the day, an ice chest filled with ice and 6 bottles of water, souvenir bottles with free refills all day, and a free locker rental. The Deceleration Zone generated X18,750.00 in rentals and X13,078.66 in ticket sales. Exclusive Park Rentals The revenue from Exclusive Park Rentals was $190,030 in 2005. This was a slight decrease from the 2008 season. This includes tickets and hourly rental fees. Twenty-four various schools, churches and corporate businesses took advantage of this exclusive offer to rent the water park for `after hours" events this season. As the graph illustrates, Exclusive Park Rentals draw a large portion of revenue for the department. Therefore, emphasis was placed upon exceptional guest service increasing the potential for repeat business for years to come. Many of these bookings have had events at the water park for numerous years and are eager to reschedule for the next season. Further emphasis will be placed on obtaining additional corporate clients who, as mentioned before, have a higher spending ratio than other group types. $192,7?1 $193,132 1190,030 200,000 $170,OSZ £ $150.000 533,485 $100; 000 550.000 ~~ a~ 2005 Z~~OG 2007 X008 ?OQ9 ^ Exclusive Park Revenue l~ 1Q~ Fagg Cateri n~ In 2009, NRHz~'s catering team served over 8,000 meals to numerous groups throughout the summer in a professional and efficient manner. The team served and accommodated smaller groups of 15 guests to several groups of aver 1,000 guests. Additionally, NRHZ~ offered a mini cater and meal voucher option far groups with less than 75 people, but who sti II wanted to provide a lu nch option far their guests. Guests could also purchase unlimited drink bands far the day as well. Revenue generated from these services reached nearly $60,000 and showed a decrease from the 2008 season. $ 80,503 $ 83,281 $76,148 $75,766 Consignment Ticket Program The consignment ticket program was offered to local companies and organizations as an opportunity far their members or employees to purchase discounted tickets in an efficient and convenient method. The companies were responsible far selling the tickets and collection of the revenue. The companies returned the unused tickets to NRH2(~ and any payments for the tickets Bald. The tickets were available to the companies at a discounted rate and allowed NRHZa tickets to be sold at more than one venue. Several new accounts were added this year as well. Top ticket sellers included Bell Helicopter Textron, Fort V1Jorth Community Credit Union, MVtiIR Naval Air Station, Flooring Services, and Caok Children's. Nearly 60 organizations participated in the consignment program selling approximately 6,493 tickets resulting in total revenues of aver $117,000. 11 ~ ~~age $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 ` $40,000 $20,000 $0 X122.468 $132,037 2005 $161,494 $149,914 2006 2007 2008 2009 ® Consignment --______ Birthday Parties NRH2a Birthday parties remained a popular choice for parents and kids. The Elements of Fun hosted 190 parties in 2009. Birthday parties generated aver $50,000 in revenue. Three party packages were offered this year. The Basic Birthday Bash was available for smaller parties that did not need the additional add-ons on a per person charge. Professor's Birthday Bash, for $174.99, was offered for eight guests, and included full day's admission, the party island for one hour, a birthday cake or ice cream, unlimited drinks during the party and balloons, as well as a Big Squirt for the birthday person. The Extreme Extravaganza, far $339.99, was offered far eight guests, and included everything in Professor's Birthday Bash, as well as all day reserved seating, two large pizzas, Big Squirts, Dippin' Dots, and Line Passes for all eight guests. A majority of the birthdays also added pizza to their party as well as various other add-on options. New far the 2009 season NRH2~ added a birthday online registration option. It was utilized by aver 400 guests proving to be a popular outlet to find information and reserve birthday parties. Graug Sales Promotional Materials NRH~a continued to market group sales offerings through a brochure style mailer that included information regarding Exclusive Park Rentals, Caterings, Group Rates, Seating Facilities, and Consignment opportunities. This enabled us to provide distinct information to all organizations with an extended, more descriptive message. Positive feedback was heard and numerous leads were generated for bath group and corporate business. As mentioned before, increasing corporate business is the priority for the 2010 season and mare direct marketing strategies will be utilized to complete this goal. 12~Page Revenue operations Food Service The Food and Beverage department generated sales of $432,441 in the 2449 season, which was a 5% decrease from $457,196 in 2448. Food and Beverage per-capita revenues decreased SYafrom $1.96 per guest in 2448 to X1.87 per guest in 2449. NRH2U offered guests several options for lunch, dinner and snacks at the main Concession Stand, Ice Cream Shop and The Hopper. The Food and Beverage team also catered a variety of menus such as barbeque and hamburgers to many large groups. Prepared foods, such as chicken and hamburgers, accounted for aver 44 Yo of total food sales, while ice cream and beverages encompassed approximately half of all the Food and Beverage department sales. __ Sa ~ es ~ 2009 Food and Beverage $400,000 $350,000 ` $300,000 `~ $250,000 $200,000 ` $150,000 $100,000 $5 0,0 00 $0 - 2005 2006 2007 2008 2009 ^ Beverage Sales ^ Food Sales The Concession Stand provided a menu that offered many choices for the entire family at a competitive price, and generated $279,774 in revenue far the 2449 season. It offered the traditional concession items such as hamburgers, hotdogs, fries, and nachos. Fried appetizers such as Qnion Rings, Cheese Sticks, and Chicken lAlings were also offered on the menu. Chick-fil-A chicken sandwiches and nuggets were the best seller once again, accounting for 28Yo of prepared food sales. NRH2~'s guests also enjoyed snacks such as pretzels, churros, funnel cakes, Frito Lay chips, and fresh baked cookies. 13 ~ ~~'age C7 2009 Prepared Food Sales 2°~° ^ Chick-fil-A 1°~ ~~j 8°~ ~ k h ^ . -- en Other C ic 2g°~ `~ Hamb~rrgers 9°~ 5% ~` ~~ ^ French Fries Hot Dais 12°~ 5°~ Nachos ' Pizza ° 15°i6 15 ~ Sandwiches /~ Fried Appetizers l ". ---.. 2009 Ice Cream and Snack Sales 3 °r, z°ro ^ L3ipprn' cots ^ OtisSpunkmcyer Cookies ^ Novelty Ice Cream ^ Chips/Popcorn ^ Giant PretzNls ^ Funnel Cakes ^ Other Snac<s NRHZO~'s Ice Cream Shap generated X135,152, which was 31% of the total Food & Beverage department sales for the 2409 season. The air-conditioned Ice Cream Shop featured Dippin' Dots, a unique frozen ice cream treat. The top selling flavors include: chocolate, cookies `n cream, vanilla, banana split, mint chocolate, rainbow ice and strawberry. This year NRH2~ expanded the menu to offer sundaes, toppings, and Dotwiches dice cream sandwiches. Guests had their choice from three sizes: 5 oz., 8 oz. or 12 oz. cups. The busiest times for the Ice Cream Shop were between 2 p.m. and 5 p.m., which was also the hottest part of the day and corresponded with mast guests' exits. Dippin' Dots Ice Cream accounted for approximately 78%of all snackfaod sales. 14~F'age ~, ~.~, ~~, ~J 2009 Food and Beverage Sales g D~ D 21 /° 43 2S °r6 ^ Prepared Faod ^ Ice Cream Beverage ^ Snacks The Hopper is conveniently located near the popular lounge areas and serves pizzas, chips, and cookies. Hatdogs, Chick-fil-A nuggets and sandwiches, pizza, and snacks were also sold out of the Hopper. During Dive-in Movies on Friday nights, the Hopper also served freshly popped popcorn with free refills to NRHZ~ guests that purchased a souvenir popcorn bucket. The Hopper helped ease congestion at the Main Concession Stand as well as generated approximately $18,71 in revenue. This year a refill only line was added to the Hopper to decrease time guests spent in line and increasing overall service. Dr Pepper soft drinks were served at all the food service locations. The most popular flavor for the past fifteen seasons has been Dr Pepper fol lowed by RC Cola and 7U p. 15~age Dr Pepper is a proven favorite of guests in this region because of its local history, heavy advertisement and community involvement. Deja Blue bottled water, Vtilelch's fruit juices as well as Snapple juices and teas were also available to quench guests' thirsts. Giant 32 oz. NRHZO souvenir bottles were also sold offering guests $1.00 refills all summer long. Total beverage sales accounted for 21°l'0 of all food service sales at X86,682. Accounting for 20% of total beverage revenues, "all day" drink wristbands, sold primarily at the Front Gate, encouraged guests to leave their drink coolers at home and receive unlimited drinks throughout their stay. Gift Shop The Gift Shop generated X108,753 in the 2009 season, an 119'o decrease from $120,244 in 2008. Gift Shop per-capita revenues decreased 99`o from $0.51 per guest in 2008 to X0.47 per guest in 2009. NRHZG's Gift Shop offered guests all the necessity items needed to enjoy their day at the water park such as sunglasses, sun block, swimsuits, towels, water shoes, hats, cover-ups, baby floats and swim diapers. Guests could also purchase a large variety of candies, fashion jewelry, T-shirts and sportswear. Temporary Airbrush Tattoos that last up to five days was the Gift Shop's largest seller resulting in sales of $23,808. 2009 Gift Shop Sales $125,000 - $120,000 $115,000 $110,000 $105,000 $100,000 $95,000 $90,000 Big Squirts were the parks second best seller. Approximately 3,000 Big Squirts were sold this season. Big Squirts are water toys that guests fill with water and squirt each other hand the occasional lifeguard. Toys/Miscellaneous, wearables ~clothing~, and suntan/sunglass products were the next best selling categories. 16~~~~ J 2003 G ift Shop Sales 3°~ ^ Big Squirts ~°~ $°'° 16°~6 ^ Wearables ToysjMisc 9°~ - ^ vVebkinz 17°~ ^ Airbrush Tattoos 12°r6 Candy ~°,~ SuntanjSunglasses 22°r6 ° Jewelry 2 ~ Swim Accessories Locker Rentals Lockers, located next to the Ice Cream Shop, were available to NRH2(3's guests to protect their belongings during their visit. Guests rented keys from the Gift Shap window that allowed them full access for the entire day. Guests could choose from two different size lockers: standard or family. Standard locker rentals cost $4.00 plus a X1.00 refundable deposit, while family locker rentals cost $6.00 plus a $1.00 refundable deposit. Locker rentals generated X53,399 in revenue for the park in 2009, a 1~'0 decrease from $54,145 in 2008. Locker per-capita revenue remained the same since 2008 at X0.23 per guest. Cup and Chaucer Cup and Chaucer, operated by the NRHZ~ Revenue Department, brewed its first cup of Starbucks coffee with the grand opening of the new North Richland Hills Public Library in April 2008. During the 2009 year, Cup and Chaucer generated sales of X24,690. Cup and Chaucer partnered with the "1111e Proudly Brew Starbucks" program to bring the "Starbucks Experience" into the library and thus leverage the Starbucks brand to maximize sales potential. Among other benefits of partnering with the "IIVPB" program are coffee and espresso training for staff from a Starbucks representative, marketing tools that allow promoting the Starbucks brand, and an extensive product assortment that meets the diverse needs and expectations of each customer. 17~_~age 2009 Cup and Chaucer Sales ^ Dr. Pepper Fountain 5evera~es ^ Bottled Beverages ^'~1le Proudly Brew Starbucks Products ^ Food Items ^ IV1i;CC~ii~1r1C~0uS C~ 0 "1IVP6" Starbucks products accounted for $12,224 ~54%~ of overall sales. Espresso drinks were among the largest selling category followed by blended and cold beverages. As far as i nd ivid ua I drinks, Sta rbucks~ coffee was the most popular beverage followed by Creamice frozen beverages, Caffe Lattes, Caffe Mochas, and Iced Caffe Mochas. 2009 "WPB Starbucks" Product Sales ^ tspresso Urmks 14"!~ ^ Blended 3everages 3Gu~~, Z5`'c ~a d Eev~:ar~~ es ^ Ce`fee ~, m` y7~, ~ ~' "` ^ Coffee Alternatives Bottled Beverages and Dr Pepper Fountain Beverages accounted far X3,289 ~13'3'0~ of sales. These included carbonated drinks as well as bottled water, Snapple, fruit juices, and Monster energy drinks. Cup and Chaucer also offered snack foods such as brownies, cookies, and muffins. Food sales accounted far 27Yo of revenues. ether revenue sources included miscellaneous items such as lrllebkinz-- popular virtual pets that come with a unique secret code allowing the owner to care for the pet through online games. 18~ ~'~~~ Park Operations During the summer of 2009, the Operations Department of NRH2O saw many advancements and improvements occur that raised public awareness of the park and enhanced its beauty so guests could further enjoy our facilities. One of the major park enhancements this season was the replacement of 6 Green Extreme jet pads. The new pads aided park maintenance by being less labor intensive and having a much shorter repair time than the prior jet pads. This resulted in a quicker reopening time for this attraction if repairs are needed while the park is operating. Another enhancement was the repainting of the Purplepalooza. The new paint was very pleasing to the eye, especially next to the newly added Beachside Bay and added to the park-like atmosphere of NRHzO. The park also saved a significant amount of money on this project, as park staff painted the attraction themselves. Also this summer, NRH2O staff continued to incorporate park wide operational readiness drills. These drills are designed to test the emergency system of the facility as a whole. An emergency scenario takes place at a designated area while the park is open and the entire management staff responds accordingly. These drills greatly enhance the response time of management staff and the park received many compliments from the guests regarding how seriously NRH2O takes its safety training. The lifeguards for NRH2O again had a very exciting, safe and fun filled summer. This year, 206 lifeguards were trained in CPR, first aid and lifeguarding skills. NRH2O continues to be proactive in its training approaches. Again this year, lifeguards were required to perform in-service daily, covering such topics and exercises as infant and child CPR to the more extensive full blown drowning scenarios, where the lifeguards have to perform extra duties such as crowd control and assisting the park EMTs. Lifeguards were also audited daily and made to perform backboarding and other lifeguard skills while the park was open, letting the guests know that NRH2O takes its lifeguard skills very seriously. Also, this year the park continued mannequin testing and the 5 minute rule. The mannequin tests were conducted by placing a mannequin in the water without the lifeguard's knowledge and timing how long it took to recognize and save the mannequin. The S minute rule requires the lifeguard staff to make a significant change in posture every 5 minutes in order to keep them alert and concentrating. In addition, in order to aid in our ongoing quest to provide well-trained lifeguards for the safety of our guests, we added two new lifeguard instructors to our ranks. This summer also saw NRH2O host a DFW lifeguard challenge. The competition consisted of three events that required the competitors to be able to recognize and react to different aquatic emergency situations. The competition saw the team from NRHzO take first place in one of the integrated problems and finish second overall. 19 ~ ~a Team Performance and Benefits The seasonal team members, a vastly important section of the team, continued to be pivotal in the success of NRH2O. Although there are several contributing factors to the success of the park, the most noteworthy are the seasonal team members. The 400 plus seasonal team members encountered many more guests than any supervisory personnel, and this presents NRHzO with many opportunities to either exceed the guests' expectations or not reach that level. This guest service expectation is why the seasonal team is so important. This season, our exceptional team members were provided with discounts to area attractions, complimentary admission to NRH2O, and other special events throughout the summer. To cap off a great season, all team members still on board were invited to an end of the season party at a local skating rink. At this event management awards the Team Member of the Year and other awards to those team members whose performance is recognized by the park's guests, their peers and park management. A great time was had by all and we hope to see our team members return for the 2010 season. Survey Results Survey results for the 2009 Season remain very positive. The surveys are not only a good tool to find out how the guest feels about the park, but also how long the guest stayed, how many people were in their party, where the guest was from and other helpful information. The surveys are administered by park staff, specifically the Elements of Fun, and are recorded in a database for analysis. Approximately 639 surveys were completed this season. Below is the survey question followed by the average answers. The scale runs from 1.0 to 5.0, with 5.0 being the highest possible rating. How many hours did you stay today? - 5.5 The length of stay decreased to 5.5 hours from 5.9 hours. With lighter attendance, guests can enjoy the attractions in less time. This lessens the average length of stay. A longer length of stay is beneficial to on-park sales as more opportunities exist through increased exposures. How many people came with you? - 4.9 This number decreased from the 2008 season, which was 8.4. This number is greatly affected by the person interviewed and whether he/she visited the park with a large group. How would you rate NRHzO's attractions and facilities? - 4.6 The ratings of the attractions and facilities increased from the 2008 Season. The addition of the Beachside Bay as well as slightly decreased attendance is attributed to this increased rating. 20~~~~ How would you rate NRHZO's guest service and courtesy? - 4.65 This rating slightly increased from the 2008 season which was 4.64. Guest service is something that the park prides itself on and any increase in its rating is a good thing. How would you rate NRH2O's quality of concessions? -4.4 Our rating in the area of concessions increased from the 2008 Season. What radio station do you listen to? For the thirteenth season in a row, KISS 106.1 FM was ranked number one by the guests of the park with almost 28%. The second most popular station KPLX 99.5, had 9.38%, third was KDMX 102.9 with 8.06%, fourth was KTXQ 102.1 with 6.74% and fifth was KBFB 97.9 with 4.93%. How did you find out about NRH2O? "Live nearby" was the number one followed by "Friend/Family". This strong word of mouth is reflective of the overall high quality of the entertainment service provided. Television was third with Internet, radio, newspaper and water bill following. How did you find NRH~O's concession pricing? Reasonable 57.77% Inexpensive 3.44% Expensive 37.32% Not Answered 1.47% How did you find NRH~O's admission aricin~? Reasonable 74.84% Inexpensive 3.16% Expensive 21.99% Not Answered 0.01 21~ae Who's idea was it to visit N RH~Q? Famrty 51.42% Friends 30.54% Children S.SS% Usher 5.22% Mom 4.91 % Dad 2.06% Whose Idea Was It to Visit? Children, 5.559 Mom, 0th er, 4.91 `Yo 5.22°0 I~ Family , 51.4240 Where are you from? Residents of North Richland Hills represented 2$.41 percent of surveyed guests this season which is an increase of 3.8 percent from last season. This represents the largest segment of the survey and shows that the park is still being well received by our residents. The second largest survey segment is Fart Worth with over 10 percent with Keller, Colleyville and Hurst rounding out the top five. 22 P a g e Dad, 2.064 INhereAre You From Top 10 Cities Bedford, 3.61°~ Haltom City, 3.45°~ Watauga, 4.40°~ Grapevine, 5.81°~ ~~ Not Fram Area, ~ ~~ , ~~~~ ~ s ~~: ~~ ~~ , 7.20°~ . Hurst, 7.69°~ 1ltilill you recc Yes No Ilwill you revi Yes No Keller, Calleyville, 7.69% 9.26°!° mend N RH~~ to a friend? 98.589 1.42% N RH2Q? 98.89~b 1.11~b The level of service provided to all guests is why ward of mouth continues to be NRH2O's strangest method of advertisement. Fort Worth, 10.20°i6 23 ~ `age CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 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: Economic Development Presented by: Craig Hulse Council Meeting Date: 11-9-2009 Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition in Southwest Portion of City CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Litigation: Equal Employment Opportunity Commission v. City of North Richland Hills 3:08-CV-01358 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Mike Curtis Agenda No. B.4 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney on Threatened Litigation from Arcadia Realty Concerning Home Town Development CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: George Staples Council Meeting Date: 11-9-2009 Agenda No. B.5 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code for Consultation with Attorney regarding Litigation: Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills CITY OF 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, November 9, 2009 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and_ Recognitions) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s~ from 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 App roval of Minutes of October 26, 2009 City Council Meeting B.2 PU 2009-034 Award Bid No.10-004 for the Walker Creek Channel Dredging Project to 2L Construction in the amount of $ 90,201.00 B.3 PU 2009-035 Award Bid No. 10-005 for the Street Sub-grade Stabilization Project to Reliable Paving in the amount of $ 53,792.04 B.4 PU 2009-043 Award Bid No. 10-003 for the Miscellaneous Concrete Imp rovement Annual Contract to Hard Kount ry Concrete B.5 PU 2009-036 Authorize Payment to Motorola in the amount of $351,935.21 for Radio Maintenance Agreement B.6 PU 2009-037 Authorize Inter-local Purchasing Agreement with the City of Southlake 6.7 FP 2008-10 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of Lots 1-5, Block 1, Precinct Line Office Park Addition located in the 6500 Block of Precinct Line Road - 3.196 acres.) B.8 PW 2009-045 Approve Amendment No. 2 to the Interlocal Agreement for Design Services for the North Tarrant Parkway Street Improvements Project B.9 PW 2009-044 Approve a Budget Revision and Recommend Award of Bid for the Community Development Block Grant -Recovery Project: Charles Street Offsite Drainage Improvements to Canary Construction, Inc. in the amount of $64,895.88 -Resolution No. 2009-034 B.10 GN 2009-082 Approval of New Committee Members to the Youth Advisory Committee 6.11 GN 2009-084 Consider acceptance of a 2009 Homeland Security Grant #2009- SS-T9-0064 in the amount of $11,883.08 for Community Emergency Response Team (CERT~traininq and equipment B.12 GN 2009-086 Graffiti Ordinance update to reflect current Texas Law -Ordinance No. 3080 B.13 GN 2009-088 Authorize City Manager to Execute Agreement for Night of Holiday Magic Property Use C.0 PUBLIC HEARINGS C.1 ZC 2009-06 Public Hearing and Consideration of a Request from David Thorne for a Zonincl Change from AG agricultural) to R-1-S (special single family) on Tract 7B, Abstract 1055 located at 6525 Crane Road - 2.437 acres.) -Ordinance No. 3078 C.2 ZC 2009-09 Public Hearing and Consideration of a Request from Charles Paul T for a Zoning Change from AG (agricultural) to R-1-S (special single family) on Tract 1 B09, Abstract 1266 (located at 7408 Continental Trail - 2.27 acres.) - Ordinance No. 3079 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2009-04 Consideration of a Request from David Thorne to Approve a Final Plat of Lot 1, Block 1, Thorne Addition (located at 6525 Crane Road - 1.009 acres. D.2 FP 2009-05 Consideration of a Request from Charles Paul to Approve a Final Plat of Lot 1, Block 1, Paul Addition and approve developer agreement subject to receipt of title policy guaranteeing developer's security for proportionality (located at 7408 Continental Trail -.2.27 acres.) E.0 PUBLIC WORKS E.1 PW 2009-043 Approve Contract Amendment No. 1 to the Engineering Agreement with Kimley-Horn & Associates in an amount not to exceed $79,500.00 for the North Tarrant Parkway Project F.0 GENERAL ITEMS F.1 PU 2009-038 Award Bid No. 09-044 for the Traffic Signalization at Holiday Lane/Chapman Road/Meadow Road Intersection to Independent Utility Construction in the Amount of $205,831.05 F.2 PU 2009-042 Award Bid No. 10-006 for the Biq Fossil Creek Sewer Line Project to Jackson Construction in the amount of $99,000 F.3 PU 2009-039 Approve the Purchase of a Frazer Ambulance from Knapp Chevrolet in the amount of $171,500 F.4 PU 2009-040 Approve the Purchase of a KME Rescue Pumper Fire Engine to Gulf Coast Emergency Vehicles in the Amount of $564,742 and Amend the Fiscal Year 2009/2010 Capital Improvement Project Budget F.5 PU 2009-041 Approve the trade in of City-owned pistols towards the purchase of new Glock pistols and related equipment from GT Distributors F.6 GN 2009-085 Approve an Economic Development Agreement with Prestige Ameritech, L.T.D. for 7201 Iron Horse Boulevard F.7 GN 2009-083 Cast Ballot for Tarrant Appraisal District Board of Directors - Resolution No. 2009-035 F.8 GN 2009-087 Approve Naming Recommendation for the New Park Located on Grand Avenue -Resolution No. 2009-036 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 Announcements -Mayor Pro Tem Turnage H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. A.1 Subject: Invocation -Councilman Barth CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognitions) Council Meeting Date: 11-9-2009 Agenda No. A.3 No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 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 R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 11-9-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 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 R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of October 26, 2009 City Council Meeting Recommendation: To approve the minutes of the October 26, 2009 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 -OCTOBER 26, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26t" day of October 2009 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 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson 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 Craig Hulse Economic Development Director Chris Amarante Facilities & Construction Director Greg VanNieuwenhuize Assistant Public Works Director Bill Thornton Assistant Park & Recreation Director Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Discuss Items from Regular City Council Meeting There were no items discussed. A.2 IR 2009-106 Discuss Scheduling of the November 23 and December 28 City Council Meetings Ms. Patricia Hutson, City Secretary, advised the last two council meetings in November and December are close to the holidays. In the past when meetings have fallen on or close to a holiday, Council has opted to cancel the meetings. Staff is recommending that the November 23 and December 28 meetings be cancelled and if there is unexpected business that cannot be handled at the remaining meetings, a special meeting could be called. Council was advised that an item had been placed on the regular agenda for Council to cancel the two meetings, if Council concurred with Staff's recommendation. The consensus of the Council was to cancel the two meetings. A.3 IR 2009-107 Review Recreation Center Facility Components and Site Plan Ms. Vickie Loftice, Managing Director, advised that Brinkley Sargent Architects have completed the conceptual and site plans for the Recreation Center for Council's review. The recommendations to be presented to Council are based on the Leland Study, the Town Center Recreation Center Executive Summary, TIF #2 recommendations, and public input and stakeholder meetings. The recommendations have also been reviewed and are supported by the Park and Recreation Board. The Senior Services Committee was established to gauge public interest in combining the two senior centers into one new facility. Three senior public input meetings were held and 95% of those in attendance supported the addition of senior services to the new recreation center. Council was advised of two options available for the funding of the additional senior center space. One option is through the Park and Recreation Facilities Development Corporation 4B Sales Tax. This option will require that the Walkers Creek Park Phase II project be delayed two years and the renovation of Northfield Park be delayed four to six years depending on sales tax growth. The second option is to modify the TIF #2 Financing Plan, with approval from all participating taxing entities, to include the additional cost. Council was advised that Staff was seeking input and direction on 1) the Recreation Center components; 2) the Conceptual Site Plan; 3) addition of Senior Services; 4) method of funding for the additional space; and 5) Sustainable Design and LEED Certification. Mr. Dwayne Brinkley, Brinkley Sargent Architects, presented a PowerPoint presentation on the findings of the public input process, the resulting programmatic elements and recommended amenities, and the conceptual and site plans. After discussion, Council expressed their support for the connectivity to the Library but questioned if consideration had been given to adding more parking on the south side to alleviate some of the Library's parking problems. Council was in favor of moving the building further to the north to utilize in the plaza between the Recreation Center and the Library more civic activities. The Council also desired more parking and transition between the two facilities. Council also requested that provisions be made to add alternate amenities. Mr. Scott Hunsaker, representing Brinkley Sargent Architects, discussed with Council the operations analysis for the Center. After discussion, Council was in favor of reducing the suggested 500 banquet space to a lower number - 350 to 375. Mr. Brinkley explained LEED certification and questioned if Council was interested in obtaining LEED certification for the new facility. Council was interested in LEED certification, but because of time restraints was unable to discuss in detail. Council asked to be provided with the cost benefits on LEED certification and that the discussion be continued at a future work session. B.0 EXECUTIVE SESSION B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition North of 6701 Davis Boulevard B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code to Discuss Potential Economic Development Incentives to Business Prospects in Midwest part of the City B.3Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills Mayor Trevino announced at 6:48 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to discuss land acquisition north of 6701 Davis Boulevard, Section 552.087 to discuss potential economic development incentives to business prospects in the Midwest part of the City and Section 551.071 to confer with Attorney to deliberate settlement offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills. C.0 Adjournment Mayor Trevino recessed the Executive Session at 6:53 p.m. and announced that Council would adjourn to the Regular Session and following the Regular Session would reconvene into Executive Session. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order October 26, 2009 at 7:02 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mayor Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Attorney A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Andrew Orr with Boy Scout Troop 98 led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Working for Clean Air Award Debbie York and Councilman Barth advised the City was presented at the 2009 Working for Clean Air Awards luncheon, the Clean Air Silver Award for employers with under 500 employees. The award was received for the City's commuter initiatives, business operations, fleet operations and community impact initiatives. A.4 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 OCTOBER 12, 2009 COUNCIL MEETING B.2 PW 2009-040 AUTHORIZE THE CITY MANAGER TO SIGN A LICENSE AGREEMENT PROVIDED BY DALLAS AREA RAPID TRANSIT (DART) TO ACCOMMODATE THE "WATER LINE (HOLIDAY LANE AND IRON HORSE BOULEVARD)" PROJECT B.3 GN 2009-081 APPROVE A RESOLUTION REQUESTED BY THE REGIONAL TRANSPORTATION COUNCIL SUPPORTING A STATEWIDE PROPOSITION AMENDING THE TEXAS CONSTITUTION (PROPOSITION 1 ON THE NOVEMBER 3, 2009 BALLOT) -RESOLUTION NO. 2009-033 COllNCtLMAN WELCH MOVEQ TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM TURNAGE SECONQED THE MOTION, MOTION TO APPROVE CARRIED 7-a PUBLIC HEARINGS C.1 GN 2009-075 PUBLIC HEARING BY THE CITY OF NORTH RICHLAND HILLS FOR PROPOSED AMENDMENTS TO THE INANCE PLAN FOR REINVESTMENT ZONE NUMBER 1 Mayor Trevino opened the Public Hearing. Mr. Larry Koonce, Finance Director, presented the item. The purpose of the public hearing is to receive comments on proposed amendments to the Finance Plan for expansion of TI F Zone No. 1. The TI F Board of Directors and City Council approved the Expansion Plan in November 2008. The approved plan assumed 100% participation from all entities participating in the expansion. The project total has not changed, but when the City went to each of the participating entities for their approval and participation, the City encountered the fact that Tarrant County College District could only approve 50% participation based on their policy. The amended plan changes the participation percentages and makes adjustments for a slightly lower property value growth than originally projected. Following the public hearing, Staff recommends approval of the plan. Mayor Trevino called for comments on the proposed amendments to the Finance Plan. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.2 GN 2009-076 APPROVE THE SECOND AMENDMENT TO THE REINVESTMENT ZONE FINANCING PLAN FOR REINVESTMENT ZONE NUMBER 1, CITY OF NORTH RICHLAND HILLS -ORDINANCE NO. 3075 (THIS ITEM IS NOT A PUBLIC HEARING BUT IS RELATED TO ITEM C.1) APPROVED Item presented in conjunction with Item C.1, GN 2009-075. COUNCILMAN LEwIS MOVED TO APPROVE GN 2009-Q7C, ORDINANCE NO. 3075. COUNC[LMAN BARTH ~EC4NDED THE MOTION, MOTION TO APPROVE CARRIED 7-a. PLANNING & DEVELOPMENT No items for this category. PUBLIC WORKS E.1 PW 2009-041 AWARD A PROFESSIONAL SERVICES AGREEMENT TO FREESE AND NICHOLS, INC. IN THE AMOUNT OF $173,000 FOR THE WATER/WASTEWATER MASTER PLAN AND IMPACT FEE STUDY PROJECT APPROVED Mr. Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. Item is to consider awarding a professional services agreement to Freese and Nichols to conduct an update to the Impact Fee Study and Water/Wastewater Master Plan. The project is the first part of an overall project. The second part of the project, the Rate Study, will be administered by the Finance Department through a separate agreement since it is primarily finance driven while the impact fee and wastewater portion is engineering/public works driven. The Impact Fee Study must be updated every five years. The City's current program was approved in 2005. The Impact Fee Study can only consider improvements needed for future development over the next 10 years while the Water/Wastewater Master Plan not only considers these improvements, but also improvements necessary for build-out, and improvements needed to existing mains caused by population growth and inadequate water pressures. Staff is recommending approval of a professional services agreement with Freese and Nichols in the amount of $173,000 for the Impact Fee Study Project and Water/Wastewater Master Plan. COUNCILMAN WELCH MOVED TO APPROVE PW 2Q09-Q41, APPROVING THE. PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC. IN THE AMOUNT OF $1'73,t}Qa FOR THE IMPACT FEE STUDY PROJECT AND WATER / WASTEWATER MASTER PLAN AND AUTHORIZE THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-(~. GENERAL ITEMS F.1 GN 2009-077 INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT -RESOLUTION NO. 2009-031 APPROVED Mr. Larry Koonce, Finance Director, presented the item. Item is to consider approval of Resolution No. 2009-031, which will allow the City to reimburse expenditures with proceeds of future debt from the planned 2010 bond sale. The bond sale is currently scheduled for the spring of 2010 and some of the approved projects may require funding prior to the bond sale. The projects that may be reimbursed with proceeds from the 2010 bond sale include 2003 bond election streets and drainage projects in the amount of $6,245,000, the TIF 2 Recreation Center project in the amount of $18,800,000, Community Center South of Loop 820 in the amount of $1,920,000, Walker's Creek Park Phase 2 in the amount of $500,000, aquatic park projects in the amount of $225,000, drainage projects in the amount of $2,510,000, utility projects in the amount of $805,000 and fire and public works equipment totaling $460,000. The total to be reimbursed with not exceed $31,465,000 and any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the bond proceeds. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION NO. 2009-031 COUNCILMAN LOMBARD SECONDED THE MOTION. MQTIQN TO APPRQVE CARRIED 7-0. F.2 GN 2009-078 AMENDING THE CODE OF ORDINANCES CHAPTER 18, ARTICLE VII REGULATING SOLICITORS AND HANDBILL DISTRIBUTION, CHAPTER 70, ARTICLE IV REGULATING CURB PAINTING VENDORS AND APPENDIX AFEES - ORDINANCE NO. 3077 APPROVED Mr. George Staples, City Attorney, presented the item. The proposed ordinance is a complete rewrite of the current provisions regulating solicitors. It addresses some outstanding issues with solicitors and handbill distribution. The ordinance provides provisions to cancel solicitation permits for various violations, reduces solicitation permit time from one year to six months, adds provisions to regulate commercial handbill distribution, sets fees for solicitors and handbill distributors and adds restrictions for address number painting solicitation. Councilman Sapp expressed concerns with the handbill regulations being too restrictive to some of the local businesses. He requested that the ordinance be reviewed in the future for any burdens that may have been placed on small businesses. COUNCILMAN wHITSQN MQVED TO APPROVE ORDINANCE NQ. 3Q77. COUNCILMAN EARTH SECONDED THE MOTION. MQTLQN TO APPROVE CARRIED 7-0. F.3 GN 2009-079 APPOINTMENTS TO NAMING BOARD APPROVED Mayor Trevino advised he was seeking Council approval for three appointments to the Naming Board -Mayor Pro Tem Turnage, Councilman Lombard, and Councilman Barth. COUNCILMAN VIfELCH MQVED TO APPROVE THE MAYOR'S APPOINTMENT OF MAYOR PRO TEM TURNAGE, COUNCILMAN LOMBARD, AND COUNCILMAN EARTH TO THE NAMING BQARD. COUNCILMAN wHITSQN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 GN 2009-080 CANCELLING THE NOVEMBER 23 AND DECEMBER 28 CITY COUNCIL MEETINGS APPROVED Patricia Hutson, City Secretary, presented the Item. The last two council meetings in November and December are in close proximity to the Thanksgiving and Christmas holidays. In the past when meetings have fallen on or close to a holiday, Council has opted to cancel the meetings. Staff is recommending the November 23 and December 28 meetings be cancelled and if there is unexpected business that cannot be handled at the remaining meetings consideration will be given to calling a special meeting. MAYOR PRO TEM TU!RNAGE MOVED TO APPROVE GN 2009080, ;CANCELLING THE NOVEMBER 23 AND DECEMBER 28 CITY COUNCIL MEETINGS. COUNCILMAN' V1/HITSON SECONDED THE MOTION. M'OTI'ON TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEMS DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 Land Acquisition North of 6701 Davis Boulevard Mr. Jimmy Perdue, Assistant City Manager, presented the item. Staff recommends authorization for the City Manager to purchase of 1.4 acres of commercial land at 6808, 6812, 6816, 6820, 6824 and 6828 Mickey Court in the amount of $200,000, amend the 2009/10 Capital Improvement Project Budget in the amount of $230,000 (which includes closing costs), and appropriate gas development reserves for payment of the property. COUNCILMAN LOMBARD MOVED TO AUTHORIZE THE C-ITV MANAGER TO AUTHORIZE THE PURCHASE OF 1.4 ACRES OF COMMERCIAL LAND AT 68081 ::6812, 6816, ::6820, 6824 AND 6828 MICKEY COURT IN THE AMOUNT OF $200,000, AMEND THE 2009/10 CAPITAL IMPROVEMENT PROJECT BUDGET IN THE AMOUNT OF $230,000, VI(HI'CH INCLUDES :;CLOSING COSTS, AND APPROPRIATE GAS DEVELOPMENT RESERVES- FOR PAYMENT OF THE PROPERTY. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. Early voting continues through Friday, October 30th for the November 3rd election to amend the Texas State Constitution. Early voting is being conducted at the NRH Recreation Center and other sites around Tarrant County. For more information, please call 817-831-VOTE or visit tarrantcounty.com and click on the "Tarrant Votes" link. Join us for the 6th Annual Hoot n' Howl event on Saturday, October 31st at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl will take place from 5 p.m. to 8 p.m. Admission is free. Activities will include games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more details, please call 817-427-6600. The City of North Richland Hills invites you to attend the annual Veterans Day Celebration on Wednesday, November 11th at Liberty Park. This special event will honor all who have served our country. The ceremony will begin at 11 a.m. Liberty Park is located at 5825 Holiday Lane. For more information, please call 817-427-6600. Kudos Korner -Chun Mezger & Staff, Animal Adoption & Rescue Center. A resident recently sent a card to the Animal Adoption & Rescue Center to thank the staff for assisting her when her pet passed away. The kindness and respect that Chun and her staff showed during this difficult time will always be remembered, the resident said. RECESS TO EXECUTIVE SESSION Mayor Trevino announced at 7:36 p.m. that Council would convene into Executive Session in the Council Work Room pursuant to the provisions of the following sections of the Texas Government Code, Section 551.087 to discuss potential economic development incentives to business prospects in Midwest part of the City and Section 551.071 to confer with Attorney to deliberate settlement offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills. Any action needed as a result of Executive Session will be taken following the Executive Session in the Council Workroom and the Council meeting will be adjourned in the Council Work Room. H.2 ADJOURNMENT Mayor Trevino adjourned the Executive Session at 9:08 p.m. and reconvened the regular session in open meeting. Mayor Trevino announced there was no action required from Executive Session and adjourned the meeting at 9:08 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: JCates/LKoonce Council Meeting Date: 11-9-2009 Agenda No. B.2 Subject: PU 2009-034 Award Bid No.10-004 for the Walker Creek Channel Dredging Project to 2L Construction in the amount of $90,201.00 In the 2008/2009 approved budget, Council allocated funding for Channel Cleaning and Street Drainage improvements. A portion of this CIP project includes channel dredging to remove excess sediment and debris. Sediment removal is necessary in some channels to help re-establish the flow capacity of the earthen channel in order to comply with the requirements of the City's Flood Damage Protection Ordinance No. 2061. This portion of the project will consist of removing several linear feet of soil sedimentation in Walker Creek down stream from the Emerald Lake subdivision. Work is scheduled to begin in mid-November and is scheduled to be completed within 45 days. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Twenty five (25) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's Website by twenty four (24) vendors. Six (6) bids were received from the vendors listed below: 2L Construction $ 90,201.00 Metroplex Underground $102,517.95 Orvall Hall Excavating $114,753.00 Patco Utilities $122,232.45 DCI Contracting Inc. $234,285.00 CalHar Construction $321,267.27 The Public Works Department has evaluated all six (6) bids that were submitted; each bid meets the specifications. The lowest bid was submitted by 2L Construction. This construction company has performed work for the City on several projects in the past. 2L Construction has always met the project specifications and completed the work within the acceptable time frame. Staff recommends 2L Construction for this portion of the project. The Street Drainage Improvement portion of this CIP project will be completed in a different phase. Recommendation: To award Bid No.10-004 for the Walker Creek Channel Dredging Project to 2L Construction in the amount of $90,201.00 Vendor/Firm 2L Const Metroplex patco Orvall Hall DCI CalHar . Underground Excavating Contracting Const. Description Qty. Total Total Total Total Totat' Total Mobilization to project 1 LS $9,500.00 $6,500.00 $8,541.90 $28,350.00 $20,000.00 $11,762.00 site Silt removal 3CY3 $39,876.00 $55,327.95 $69,317.78 $43,199.00 $149,535.00 $234,238.27 Erosion control 100 SY $600.00 $1,200.00 $5,769.00 $3,500.00 $2,500.00 $12,253.00 Misc. Utility & Drainage $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 Allowance Irrigation $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 Allowance Landscapin $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 g Allowance Grouted Rock SY $6,200.00 $6,200.00 $2,963.60 $6,200.00 $4,030.00 $5,580.00 Rubble Grade to Drain ~F $2,055.00 $2,740.00 $3,509.94 $1,096.00 $8,220.00 $8,494.00 Swales Tree Removal 10 EA $2,000.00 $2,500.00 $791.00 $3,610.00 $10,000.00 $4,480.00 Earthen Berms 4 EA $520.00 $1,000.00 $2,335.56 $1,648.00 $8,000.00 $8,960.00 Solid Sod 1SY $6,750.00 $6,750.00 $10,080.00 $4,050.00 $9,000.00 $7,500.00 Hydromulch 1 LS $7,700.00 $5,300.00 $3,923.67 $8,100.00 $8,000.00 $13,000.00 Project Total $90,20'1.00 $102,517.95 $12,232.45 $114,7x3.00 $234,285.00 $321}257,27 D~a~n~g~ ~~1~~~.PiroeQt department ~r~~ect T>tte R'rotect Number Public Works Channe! Meaning /Street Qrainage Improvements ~2Ot}9) ©Rd~Q4 __ ~ro,~ct bescrlptlon This is an annual program that consists of cleaning out sediment [fiat has built up significantly throughout the years in some pf the City's earthen channels. This project. also ca~nslsts of repairing curb & gutter sections that currently end water in existing streets. It is estimated .that appraximatety 20 streets will receive curb ~ gutter repairs at the funding level included herein. Protect ~t~stificatlr~n The sediment removal will help re-establish the flow capacity of the earthen channels. Thls work ig necessary to nest the requirements of the +Gty's l=lotid Damage Pratectian t?rdinance iVo. ~C~1. ;also, Gity staff receives numerous calls and cprrrplaints every year concerning the pending of water in front ©f the h©mes of residents. This project wilt. provide staff ~e furrcfirrg to cprrect these problems. This project will consist of removing several feet of soil sedims~ntatian try Walker Creek dirt stream from the Emsratd Lane addition. The bottom of this channel has severel feet pf silt that needs to be rem+cved. Removal of tyre silt will improve capacity c-f the channel and will help eliminate hooding of properties north of the channel. Estimated cost is $2f5,(?OQ. Staffwrauld lilte tc~ continue the prr~c~ram far replacing pavement and gutter sections that [told water. This program has been eery successful with residents who have standing water. problems. We have approximately 5C locations in the City that have standing water problems. on streets at this time. aue to the estimated cost of sedimentation removal of Walker Creek, project funding includes 3A,004 to c~antinue correcting the :standing water problems. Nate: The ~3~~,ix~o shpwn as "reserved" is from the 1 J$4 Bo~~d Program drainage savings. ~uttg~>~ Hts~r~ry Adopted Budget ZOA$~ $ 3d500E~ Total Prajeot Cost ~ 345,000 fmpaCt on t1perating Budget No opera#ing impact is an#icipated, Estimated Annual ~fi~3~'lt? 2+~1f1•~f1 - 2l?11.12 '; 2012-'t3 iC713='t~°' S-Year Total' Operating tmp~gct ~ ~ 0 $ 0 ~ Cl ~ 0 $ ~ $ Q F~>'a~~ct Schet(iale ~ Professional Services ~ec~inning Clato Ertdtr~~ t~a1le l~ngineering/Uesign LandJRt3Vlt Acquisitior: Construction 1 QI~008 1 ~f2009 Qther Total l'raject 14~4Q8 1 ~t~00~ S€~uroes~ of Func3e To Data `; Z~t?9~'10 propas~d 2€t'!Ci 't''t. , Estimated x{141 #d ~ompletton Total of ' ~mmo~tnlt General Ubligatic~n Bdr-ds ~ 0 Certificates of C~bligatior~ ~ l=ederatlState Grants _ ~ __ Reserves 345[000 345,0 Sales Tax 0 Other 0 Tat:~al Funding ~ 34~5,t1E1D $ 0 $ Cl ~ 0 ~ 348,800 Total• Prt~ eft Casts Professional Services Engin+reringlDesgn S p 0 LandIRC311V Acquisition _ ~ Construction 295,t~ bOOpq 345,©O(1 OtPter El "l('Otal Costs ~ 295x444 $ 5©~t14#l ~ 0 ~ fl ~ 345,400 CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: JCates/LKoonce Council Meeting Date: 11-9-2009 Agenda No. B.3 Subject: PU 2009-035 Award Bid No. 10-005 for the Street Sub-grade Stabilization Project to Reliable Paving in the amount of $53,792.04 Council approved the funding for the 2009 Preventive Street Maintenance Program (Project number SM0901) in the 2008/09 Budget. The Preventive Street Maintenance Program consists of several components. Even though much of the work is completed by in-house city employees some of the work requires the use of outside contractors. One component of the Preventive Street Maintenance Program consists of sub-grade stabilization. This part of the program must be completed by outside contractors. Formal bids were solicited for street excavation with lime stabilization for the following streets: 1. Riviera Drive (Ken Michael Court/Holiday Lane) 2. Parkway Avenue (Martin Road/Valley View Drive) 3. Valley View Drive (Crane Road/Martin Road) Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Thirty (30) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's Website by fifteen (15) vendors. Seven (7) bids were received from the vendors listed below: Reliable Paving $ 53,792.04 McClendon Construction $ 56,950.00 J RJ Paving $ 68, 617.28 Stabile & Winn $ 74,654.82 Reynolds $ 86,301.00 Access Paving $ 87.096.50 Advanced Paving $102,688.00 The Public Works Department has evaluated all seven (7) bids that were submitted; each bid meets the specifications. Staff has determined that the low bidder Reliable Paving is qualified to perform the scope of work for this project. References supplied by Reliable Paving were contacted and each reference provided positive feedback on the company. Recommendation: To award Bid No. 010-005 for the Street Sub-grade Stabilization Project to Reliable Paving in the amount of $53,792.04 Strut ~ Sidewalk ~~p t~ Proje~t~ l~epa~rne~-t Pr~aj~ct Titer Project Number pudic 1Norks Preventive Street Mainten~rtce ~2Cf1~9) ;~~1(i9a1 ~r~jeGt Oescrlptlan Thin is an annual program 'where funds s€re dedicated to +enhance the City`s efforts for the preventive rrrnaintenance of City streets. The scrape of the project provides crack sealing #or approximately 1 ~ to 25 streets, slurry sealsfar 15 to 25 streets, and a 2" overlay far 12 to 15 streets. In addition to these three maintenance methods, staff will o,a searching far new preventive procedures to conr3fder in the future. If the b€~dgeted funding amount is not use during a given year, it is'"railed" into the neact year. t'roje-ct .Euu~tf#icatfoa This preventive maintenance delays more costty street reconstruction and extends. the life of the current street system. This project proves staff with the funding to apply the appropriate maintenance to the streets selected frar the program. Depending on the current condition of the suet and the type of preventive measures taken, the street life can be doubled car tripled fc~r s minimum c~osfi. l~rudget t~l'Istnry f3rapased $ 9p0,44Ci Total iPraject ~vst ~ 904,Qt?{I tmpadt an tJper~ting Budget No operating impact is anticipated. .._.,_._..........~ _....-......_~ ............. ......... M i=a~mated~nnu~il 2#It31~05t 2~D89-111 ~"t}"ftl-11 2p'~1-72 ~'Q1Z»'13 f~Ye~rThtat Qperating Impact ~ 4 $ 0 $ 4 ~ 0 ~- 4 ~ 4 °t~rojact 8chsdttl~r S+eginrt~ng Coate end#ngf~~~te Professional. Services Engineeringll7esign Lancl/ROV1i' Acquisition Construction 1412408 11 f20a9 C7ther Tatat PrcrJect ~l41~~tt18 11C~OtNi Snr,rces of ~t~nds ~'o Data ~#1i38-D9 1~dopted 24118-911 l.st#rr~-ated X41'1 tca Complettvn Total of Amount General Obligation Bonds ~ 4 Certificates of Cybligation 0 FederellState Grants t} Reserves 9€?4,4L74 9Ut3,Ot?a Sales. Tax 0 Gtler t3 I Tata! Fundisng 11 ~ 9dtf,t100 S tt ~ 4 ~ 9i14,t101~ Tr}tal l~ra'~ct Coeta Prvfessianal Services l=nigineeringl©esign a Land/RC)W Ac~uisitior~ 4 Corrstructian Ooa,aoa 9tf4,004 tJther a Total Gosts ; tl ; Stftl,a~0 ~ 4 ~ t1 __ ~ B~,dC-p CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: JCates/LKoonce Council Meeting Date: 11-9-2009 Agenda No. B.4 Subject: PU 2009-043 Award Bid No. 10-003 for the Miscellaneous Concrete Improvement Annual Contract to Hard Kountry Concrete The FY 2009/2010 budget for the Public Works Department consists of funds for repair and improvements to the City's concrete infrastructure. These repairs and improvements consist of replacing street curb and gutters, sidewalks, handicap ramps, driveway approaches, and drainage facilities. The quantity of work is estimated and is done on a n as needed basis. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Thirty three (33) vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's website by twenty nine (29) vendors. Eight (8) bids were received from the vendors listed below: All American (Denton,TX) $252,885.00 Estrada Concrete (Dallas, TX) $284,600.00 Hard Kountry (Fort Worth, TX) $331,700.00 Patco Utilities (Grand Prairie, TX) $363,993.72 Reliable Paving (Arlington, TX) $356,800.00 C Green Scaping (NRH, TX) $365,890.00 Westhill Construction (Cleburn, TX) $390,800.00 Ken-Do Contracting (De Soto, TX) $413,750.00 The bid specifications for this project clearly indicate that a Bidder's Statement of Qualifications must be completed in its entirety by each bidder and returned with their bid proposal. The Bidder's Statement of Qualifications is a valuable tool used by the department in determining the qualifications of each bidder. After reviewing the bid proposals and the Bidder's Statement of Qualifications, staff has determined the lowest bidder, All American, and the second lowest bidder, Estrada Concrete did not submit the required documents as specified in the bid proposal. Staff was unable to qualify the two lowest bidders because of the incomplete bid forms. Hard Kountry Concrete, the third lowest bidder submitted a complete bid proposal and their Bidder's Statement of Qualifications has been verified by the department. Hard Kountry Concrete is qualified to perform the scope of work as specified in the bid proposal. They have performed work for the City before and they are currently working on several concrete projects for the City at this time. Their work has always met the City's specifications and the work has been completed as scheduled. Recommendation: To award Bid No. 010-003 for the Miscellaneous Concrete Improvement Annual Contract to Hard Kountry Concrete. CITY OF NORTH R/CHLAND HILLS Department: Emergency Management Presented by: Sean Hughes Council Meeting Date: 11-9-2009 Agenda No. B.5 Subject: PU 2009-036 Authorize Payment to Motorola in the amount of $351,935.21 for Radio Maintenance Agreement The annual maintenance agreement for all Motorola radios and related equipment is now due in the amount of $351,935.21. The City of North Richland Hills has shared the maintenance costs included in this agreement with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County for the past twenty-two (22) years. The City of North Richland Hills pays the amount in full and then is reimbursed $335,914.49 by the other entities for their share of the radio maintenance. An Inter-local Agreement is in place to facilitate this. The Inter-local Agreements that were written to accommodate this contract were implemented in order to provide bulk discounting, thereby alleviating some of the costs on a per agency basis. The contract allows for the repair of our radio equipment, replacement of portable antennas if lost or damaged, replacement batteries for portables and other such items of benefit to the agencies represented. Funding Source: 01-8901-532.43-65 $351, 935.21 Recommendation: To Authorize Payment to Motorola in the amount of $351,935.21 for Radio Maintenance Agreement CITY OF NORTH R/CHLAND HILLS Department: Finance Council Meeting Date: 11-9-2009 Presented by: Larry Koonce Agenda No. B.6 Subject: PU 2009-037 Authorize Inter-local Purchasing Agreement with the City of Southlake The City is requesting to enter into an inter-local purchasing agreement with the City of Southlake for the purchase of goods and/or services from vendors selected through the competitive bidding process. The City of Southlake has a tree maintenance bid that the Parks and Recreations Department would like to use, allowing them to take advantage of the contract pricing for this, as well as other contracts in the future. Council has authorized several of these inter-local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their own orders and pay the vendors directly. North Richland Hills or the City of Southlake may change or cancel the agreement with a 30-day written notice. The City currently participates in inter-local agreements with several area cities. Some of the agreements are with the City of Fort Worth for the purchase of fuel, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: To authorize the inter-local agreement with the City of Southlake CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 11-9-2009 Presented by: Eric Wilhite Agenda No. B.7 Subject: FP 2008-10 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of Lots 1-5, Block 1, Precinct Line Office Park Addition (located in the 6500 Block of Precinct Line Road - 3.196 acres.) Case Summary: The applicant, JB & JB Development represented by Mark Long, is requesting the approval of a final plat fora 3.196 acre tract. The final plat will sub-divide the tract in order to create five (5) lots for development of garden offices. The primary access to the development will be by a mutual access ingress/egress drive off of Precinct Line Road which is located between lots 3 and 4. This same access easement will be dedicated and run across the front and rear of all lots in order to serve all lots from the same drive entry point. The front access easement and driveway will tie into the existing drive for the developed property to the north. This will provide another access point as well and also serve as fire protection access to the future development of I of 5. Current Zoning: C-1 (Commercial) Thoroughfare Plan: The land area has frontage on Precinct Line Road, an undivided P7U (principal arterial) with 130 feet of right-of--way and Martin Drive a C2U (minor collector), with additional right-of-way being dedicated with this plat. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. The proposed subdivision is consistent with the goals of the plan. 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 subdivision will include the installation of pavement, water, sanitary sewer, and drainage facilities. The developer is required to assume 100% of the improvement costs. Staff Recommendation: Approval of final plat request: FP 2008-10 Planning & Zoning Commission Recommendation: 6-0 vote to approve. Review Schedule: Due to the extent of engineering and drainage issues related to this case that were required to be resolved after initial submittal a review schedule is not relevant. The actual review time of the plat exhibit itself was consistent with other plats of this nature. l' L~CATI~N MAP AERIAL .. ~~ ~r `~ t ' ~~ 3 i~ ~ {. ., ; <' ~` ~ ~ ,'~-°'" ~•~ + ,"'~ ;-yam- ~ ~ .~ .~, ~ 3 .i;' „, ~ %r'~.~ ,~~ s y~ '~ .~ .. . ~ ~, - - ~ t '- .. '' i= _, _ t .!~ ~ ""'+4_. - ~ ~ ~"~~ 1 .r~'- ~.r - ~~ i ~# L _ ~~• -.nom ... :. .: 5t''~~+'..4. ~. ~.~ 4°IL .`, ~w ly:." .q ... ,. 3 2-', \;~. .4'F Y. _ f ~~( ~ __ ~°y 7 ~_w. '?',{~• „~+ II ~~ ~f •.'Ir wry ;,M- Y ..'! ~ Jk Y"S"`''°I~ wzu ~'.' ~ #. .t - .' '+~JJS,+~ ~' ~ ~ .r~-w:' ,. _ y"'} ~* i' ~' ~ .: ~ .r• • t >~,~. ~ ~ . J, , . _ ~t,~,, t«. °' ~ , ~'• p~5r- f~ _ ~ ~ ~ ~F ~ ~ . 111'1 a fi't' _ - r ~ {. ~ f ~ V + ~ ~ "r+, a~ ,~~ ems""". . ~ f . ~`.y~~, . J J~ w'r.:".. ~'y .. ~? ate." ~ 'Y["+•_ ""~ ~ y~~ ~ ~ +e-, ~.l. ±t,~.. ,_ ~tl'.;,.., 3 d. _ } r ~;:~- ., r• T .. r`' ~ ~ r Vin.. ". ~ -... - .~y,~ - .,~.,~ .« ;a - w''1 E N I ~. . ~~ ~," ,~ ~.t g~ .8'J-.~ ,~' C~1\1'a ..'~(Y,.s4 J ~~ :~_r' ~ . fi~ ~ ~. ~-. ',..~1 .: Ri~9`l~4 t ..._ t .;4 }~ ~_-. ~: +"~;;~..- Final Plat Exhibit EXCERPT FROM THE MINUTES OF THE OCTOBER 15, 2009 PLANNING AND ZONING COMMISSION MEETING FP 2008-10 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of Lots 1-5, Block 1, Precinct Line Office Park Addition (located in the 6500 Block of Precinct Line Road - 3.196 acres.) Eric Wilhite came forward and said this is a final plat request for a future office park development. The final plat will be 3.196 acres that will be divided into 5 office lots. There will also be a mutual access easement that will serve all the lots to the north and the south. Since it is a TXDOT road they are allowed one drive access point onto Precinct Line. It is actually zoned C-1 Commercial so there is potential for commercial development. This meets all subdivision rules and regulations and DRC has reviewed and recommends approval. Mark Haynes motioned to approve FP 2008-10, seconded by Mike Benton. The motion carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 11-9-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. B.8 Subject: PW 2009-045 Approve Amendment No. 2 to the Interlocal Agreement for Design Services for the North Tarrant Parkway Street Improvements Project The current North Tarrant Parkway Street Improvements Project (the "Project") is a continuation of the first phase of the reconstruction of North Tarrant Parkway which was from Precinct Line Road west to west of Davis Boulevard. The current Project (ST0201) extends this reconstruction from west of Davis Boulevard (endpoint of the first phase) west to Whitley Road in Keller. As Council is aware, this Project provides for the widening and reconstruction of 20,000 linear feet of roadway from atwo-lane section to a six-lane concrete section. Also included in the Project's design is the installation of pavers, berms, trees, shrubs, irrigation and street lighting. The Bid Opening for the Project is scheduled for December 2009. In March 2005, the City Council approved an Interlocal Agreement with Keller relating to engineering design services for the Project. This initial Interlocal Agreement contemplated engineering design services only because funding for these services had been identified. Additionally, the design services were estimated to be $1,450,000. Funding for the Project's construction costs were not known; however, funding for these construction costs was being pursued. Funding for the construction of the Project was initially to be split between federal funds, Tarrant County funds and local funds from the City of Keller ("Keller") and the City of North Richland Hills ("NRH"). This Interlocal Agreement stated that construction costs would be paid for based on the construction that was attributable to each City's jurisdiction. Preliminarily this was estimated to be 56% attributable to NRH and 44% attributable to Keller. As for payment of the design costs, the Interlocal Agreement indicated that each city would be responsible for payment in accordance with these same percentages estimated for construction; that is, on a 56/44 split. Earlier this year the cities were able to have the federal funding replaced with additional funds from Tarrant County. The replacement of federal funds with additional funding from Tarrant County was desirable to both cities as this meant the federal design and construction requirements could be replaced with local criteria. Being able to design and construct the Project using local criteria would ultimately result in a cost savings to both cities. However, in order to replace the federal funds with funds from Tarrant County, essentially "defederalizing" the project, the cities would need to reimburse the federal funds that had been received to date. Since the initial Interlocal Agreement did not consider the defederalization of the project or having to reimburse TxDOT for the federal funds that had been received to date, NRH and Keller staffs drafted an amendment to the Interlocal Agreement which would divide the reimbursement amount between the two (2) cities in accordance with the same initial 56/44 split. This amendment, Amendment No. 1 to the Interlocal Agreement, was approved by both City Councils earlier this year. Presently, the portion of the North Tarrant Parkway design contract with Kimley-Horn and Associates (KHA) that is applicable to shared funding between NRH and Keller equates into the amount of $1,587,500. (Both cities have since entered into separate agreements/amendments with KHA for items specific to their city.) This $1,587,500 is the amount that is again applicable to the 56/44 split. However, because the initial Interlocal Agreement only contemplated design costs in the amount of $1,450,000 and that one half of these costs would be paid with federal funds, Keller is presently authorized to only expend 44% of 50% of $1,450,000 or $319,000 plus their "federal reimbursement amount" identified in Amendment No. 1 ($151,977.36). This equates into a total of $470,977.36 that Keller is presently authorized to expend towards the design costs of the Project. In order for Keller to continue to repay at 44% of the costs of design (up to $1,587,500) the cities need to approve an amendment which indicates that the initial estimated cost of design at $1,450,000 is actually $1,587,500 and correspondingly that Keller will authorize expenditures up to 44% of this amount. Amendment No. 2 provides for Keller being able to expend 44% of $1,587,500 (which is $698,500). Recommendation: Approve Amendment No. 2 to the Interlocal Agreement for design services for the North Tarrant Parkway Street Improvements Project (ST0201) and authorize the City Manager to execute the Amendment. io _~ - North Tarrant E~ ~ , ~`~ :. F, ~_ ,~ Pkwy t-*-- ~>, _ -- _ ~, - ~~~ ~ ~ ~~~~~~ _ ~~ ~ Street I m p. ~~ ,_.-_ ~ _ ~ I F,,, 3~~ ~ .~ I - -- ~ '~'~~ ~ ~ Davis Blvd II. _ - _- 'J~_Ic if''~~~~~ ~ ~ to .y =1.-- ! : ~_ ~. ~ . -~:~ ~1 ~~1 ~ Whitley Rd~ - 14~ i -~ ----- ~1 - ~~II ' I o i ..a North Tarrant Pkwy Street fmp. (Davis Blvdto_WhitieyRd) , K r l' ~ f. - -.. -. ~ ---111 'y~ ~ t ~, _ __ t T ~ 'r---f rtr r 1 t/ ~ - -- - _ ~. --T- --,~- ~ ~. _ __- L ~~ I _ _ - ~ ~_ --- .._ ---. --._ L; ~ _ ~_ k -;.~_- _ - ~ - -- -.__ ,. _. f ._ -. ~--; -~r-~-r-~+---~ _ -- ~ - _ 1, 1 1 ~ti --i = ~ ~ ~~~ i ~. ---; --~' ~HK~tV ER U ~ i ,~ r ;~. -~ r---- J-.. 1 ~•~ ~- __ ~. _ ~ __. ;~~ ~,~ r, -; ~. _-- _ ~---~~, ., ._ _ __~ -~. r~ _ t~ufaFlt~4 ~v _ I ,:_ ._ 1 r .~ .~ RICHLAND HILLS ,. :~ _ r _ . =.~ ~ r ~- - ~_ - ~ f ;- ~ f 1 ~- I )-~ ~ . _- t - - ~ ~ ~ S3 RQ _ ~ .tt ;,c_ a... ~ 1 ~. ._ ~ -' 14 - . ~, J . ~ t ~ .~~ ~ f~ _ r . -~---~ __ S y. ,' i, -~ I ~ , .~ 1 r ~ ~ _ - -mac - - ~ ,~ - ~ f_ _ ~ ____.~,~ ~__ ~ _ ~ 11~` ~~ ~ w----- ,: ,c ~ 1 ~- --- _ -_. m _ r' j r; .~ 7 _ ,, _ ~ ~ i - L_.__I _ _ k, ~ -fi--. +- 1~~,- ~_-- -- ~_ y __ ~~ L ___ - __ ,` I ti j I _ _ _ _~ ~ __ - r~ ~- -1 --_ ~ ) , ~r +~r '#~~~~w ~ r ~ ~--,t ~ `' 19 JUV 03 Standard Maas'+CI~ S_N?P-Davis ~ IM~itley.rn; I?~forma~ian Services DECrartment -GCS Scale: 1 " = 4000' Project Locator Map THE STATE OF TEXAS § COUNTY OF TARRANT § § KNOW ALL BY THESE PRESENTS AMENDMENT NO. 2 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TEXAS AND THE CITY OF KELLER, TEXAS This Amendment No. 2 to the Interlocal Agreement is entered into this day of 2009, by and between the North Richland Hills City Council ("NRH"), and the Keller City Council ("Keller"), Tarrant County, Texas, municipal corporations, relating to cost sharing on the engineering design for the North Tarrant Parkway Project; the limits of this project being from Whitley Road to FM 1938 (Davis Boulevard), witnesseth: WHEREAS, on March 1, 2005, NRH and Keller entered into an Interlocal Agreement (Keller Resolution No. 2281) for sharing in the costs of engineering services for the design of the reconstruction of North Tarrant Parkway from Whitley Road to FM 1938 (Davis Boulevard); and WHEREAS, on March 3, 2009, NRH and Keller approved Amendment No. 1 to said Interlocal Agreement (Keller Resolution No. 2801) relating to specific additional cost to reimburse federal funds to the Texas Department of Transportation due to "defederalizing" the project; and WHEREAS, the original engineering contract between NRH and Kimley-Horn and Associates, Inc. (KHA) for this section of North Tarrant Parkway is for $1,587,500.00 versus the amount estimated in the original Interlocal Agreement of $1,450,000.00; and WHEREAS, the City Councils of Keller and NRH have deemed it necessary and in the best interest of the citizens of Keller, North Richland Hills and the region to move forward with this project; NOW THEREFORE, WITNESSETH Section 1: THAT, the NRH will pay for 56% of the engineering services cost based on the NRH contract with KHA which currently equals a total of $889,000.00. The existing $25,000.00 North Richland Hills placed in escrow with TXDOT at the beginning of this project will count towards their share of the overall engineering cost. The 56% proportionate share shall also apply to any future jointly approved engineering design contract amendments. Should circumstances arise which justify a design contract amendment for NRH only, then NRH shall be responsible for 100% of such contract amendment amount. Section 2: THAT, Keller will pay for 44% of the engineering services cost which currently equals a total of $698,500.00. This amount will be paid to NRH as expeditiously as possible as the invoices are received by Keller. The 44% proportionate share shall also apply to any future jointly approved engineering design contract amendments. Should circumstances arise which justify a design contract amendment for Keller only, then Keller shall be responsible for 100% of such contract amendment amount. Section 3: THAT, Keller will by approval of this Amendment, authorize an amount not to exceed $698,500.00 to be used toward their share of the engineering services, to fulfill the intent of the March 1, 2005 Interlocal Agreement. All other provisions of the original Interlocal Agreement shall remain in full force and effect unless modified by a subsequent written amendment signed by both Cities. This Amendment No. 2 may be executed in multiple counterparts, attached to the original Interlocal Agreement, and shall collectively constitute Amendment No. 2 to the Agreement. AGREED this day of ,, 2009. CITY OF NORTH RICHLAND HILLS Bv: Mark E. Hindman, City Manager Date: ATTEST: Patricia Hutson, City Secretary Approved as to Form: George Staples, City Attorney CITY OF KELLER By: Dan O'Leary, City Manager Date: ATTEST: Shelia Stephens, City Secretary Approved as to Form: L. Stanton Lowry, City Attorney CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 11-9-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. B.9 Subject: PW 2009-044 Approve a Budget Revision and Recommend Award of Bid for the Community Development Block Grant -Recovery Project: Charles Street Offsite Drainage Improvements to Canary Construction, Inc. in the amount of $64,895.88 - Resolution No. 2009-034 As Council is aware, the City of North Richland Hills is an entitlement city and therefore receives federal Community Development Block Grant (CDBG) funds directly. The City has contracted with Tarrant County's Community Development and Housing Division to administer these CDBG funds. The City determines the projects and Tarrant County administers them. However the City reviews all bids and consultant contracts and makes recommendations to the County for approval. Tarrant County therefore actually awards the construction contracts. On March 23, 2009, the City Council approved a resolution recommending that Tarrant County award the Charles Street, Phases I &II, Project with the City's 33rd Year and 34tH Year allotment of CDBG funds. At around this same time period, Tarrant County informed the City that it looked like the federal CDBG Program was going to receive additional funding from the American Recovery and Reinvestment Act (ARRA). These additional funds in the CDBG Program have been termed as CDBG-R funds. Tarrant County informed the City that it appeared the City would receive approximately $80,000 in CDBG-R funds. Because CDBG funds can only be spent on specific items or in targeted areas defined as moderate to low income and the turnaround time to select, design and award a project was relatively short, there were only a few projects that were applicable to the CDBG-R funding. Staff was able to propose two (2) worthwhile projects which Tarrant County approved. One of these projects included improvements to the Bursey Road Senior Adult Center (estimated at approximately $10,000) and the other project was to improve the offsite drainage system adjacent to the current Charles Street, Phases I & II, Project (estimated at approximately $70,000). Since the funding needed for the Bursey Road Senior Adult Center was less than $50,000 no Council action was needed; however, because the funding involved with the drainage improvements exceeds $50,000, Council action is required. Presently, staff is requesting City Council action on items relative to the Charles Street Offsite Drainage Improvements (CDBG-R) Project. First, the City Council is asked to approve a Budget Revision for this project and second, the City Council is asked to recommend to Tarrant County an award of the construction bid for the project. Budget Revision A budget revision is necessary for this project because this project is not included in the current FY Budget and because the project appears to need $5,000 of "city funding" in addition to the allocated CDBG-R funding. This project was not included in the current FY Budget because the exact funding amounts and specific administration responsibilities towards engineering services were not known until after the current budget was presented to the Council for review. The lowest responsive bid for this project ($65,000) is approximately $5,000 greater than the CDBG-R funding available ($60,000) for construction. Staff believes that the eventual final constructed cost of the project will be at least $5,000 less than the lowest responsive bid and as such, staff does not believe that the City will actually need to expend this $5,000. However, Tarrant County requires the City to "pledge" that the City will make up the difference between the CDBG amount allocated and the lowest responsive bid. Recommend Award of Bid The project consists of removing an existing 24" diameter reinforced concrete pipe and replacing this pipe with a 4' X 2' reinforced concrete box. The difficult part of this project is that this work will occur between two (2) existing residences (3739 Charles Street and 3745 Charles Street). Staff has met with both of the property owners, addressed all of their concerns and obtained the necessary permission to enter onto their property. A location map follows this item's recommendation which also indicates the construction that is involved with this project. As this project is being funded through the CDBG program, Tarrant County administers both the design and the construction phases of the project. However, Tarrant County's administration of the Project does not include construction inspection; the City will provide these services. Tarrant County staff reviewed and approved the project's contract documents prior to bidding and scheduled a Bid Opening for October 21, 2009. Bids were received by Tarrant County at their offices on this date. A total of 12 contractors submitted bids; these bids are summarized in the table below: Name of Contractor BASE BID Canary Construction, Inc. $ 64,895.88 Humphrey & Morton $ 72,677.40 Rodgers Construction $ 76,090.85 CJB Construction $ 76,453.00 Municipal Utilities $ 77,890.00 Ed A. Wilson $ 78,987.00 Northstar Construction $ 88,733.00 Gin-Seen $ 89,901.00 G-Co Construction $ 97,846.2 5 SMB Enterprises $ 102,661.50 Atkins Brothers Equipment $ 105,884.00 2 L Construction $ 107,585.00 Tarrant County is requesting the City to recommend an award of the bid for this project. Tarrant County's engineer has extensively researched Canary Construction. It appears that Canary Construction has previously worked on both private and public projects, including projects for some of our neighboring cities. Every reference that the engineer spoke with indicated that Canary Construction was a very good contractor. With the additional funds indicated in the budget revision and the CDBG-R funds available through Tarrant County for this project, this project has sufficient funding. The project's budget revision in the amount of $5,000 from 2000 Certificate of Obligation Unspecified funds and CDBG-R funds in the amount of $60,069.55 equate into $65,069.55 being available for construction funding. Recommendation: Approve the Budget Revision for the Charles Street Offsite Drainage Improvements (CDBG-R) Project and Resolution No. 2009-034 recommending the award of bid for this project. Charles Street Offsite Drainage Improvements (CDBG-R) Project Drainage Capital Projects Charles Street Offsite Drainage Improvements (CDBG-R) CDBG-R10 Pt~C3JE~CT CtE~CRIPTI+a~I & JU5T1FlCATIC~N This is a Comrt~unity Development E3locic grant (GDE3~) project that is being f~.~nded through the federal American Recovery and Reinvestr~er~t Act ~AI~RA~. These additional funds in the ~DB~ Prvgrarn have been termed as ~Dl~~-~ funds. These additiona{ CLIE~~-1~ funds ~r~e pre~p~osed to be used for drainage impro~~rr~~~t~s to ih~ ~~is#r~~ o~sit~ drair~~go s~+st~nn #h~t supports the City's current 3rd Year ar~d ;3~lth Year ~DPc; Project {Charles street; Phases l &lIr Recor~structi~rn Projectj. The existinr~ c~ffsite drainage system was mast likely cranstructed vrith the initial construction +~~ Charles Street r~rhich ~ra~ ire 1g~g.. The exis#ir~g syst~r~ cs~iloets dr~in~~e from ~n aimos# ~~ ~cr~ ~r+~~ ~r~d co~~~ys this dr~i~~~~ through ~ 2~" di~m~ter pipe. The capacity of this existing ~~"' pipe does not cc~r~~ply with the Cifiy'.s current drainage criteria. This Project consists ~f rernr~vir~g the existir-rg ~~~ diameter reinforced concrete pipe anti replacing this pipe w~rith ~ ~' ~C ~' reinforced concrete lox between taro ~~~ existing residences on Charles Street ~~7~g 4~harles Street .and 3~4~~ Charles. Street. PRC~-JECT ST1~TU~ Original 2~~~r`~'t~~a Cfriginal 2tr1~g~2~3~ Start Late Revision End Date Ftevisior Eng~in~:erir~g [datej~ ~,+~{}~~ [riatrj* ~~,~2(~~lg Cor~structic~n [rat~jx 12r2~tlg [date~* ~ 20"t (t f~E'~ISit3l EI~PLA~lA7~fl~N This project tiaras not included! in the FY 2~~~~-~C1~Q budget because the availak~ility of the federal funds (CDBC~-~ fur~ds~ and the specific cr~~teria for their use was not tcnown until after the FY ~~~~-~[t`l ~ Budget u~tas prepared for Council review. Additional func3nr~ is necessary for the con~tructian of this project.. This additional funding is proposed to ae from the 2Q€~ Certificate of obligation Unspecified funds as the laid frorrr the lar~~~est responsive bidder is $~t8~~.~3 more than the Cityr's ~~8~-F~ .allocation. FI~IAhi~IAL ~3m-TA IMPACT ~N C3PERATING BUa~ET itilo r~perating impact is anticipated. Annual operating 1~~ract ~flOg~F2~1+~ 2g3!D~~1~'1 ~ ~Q1 ~~~12' ~fl~~.r2~'13 2~"I~~r2~~4 Total Projected ~Q ~~ $~ $E~ a ~tJ "~It~T'~: This ~~ ~ r~~~; ~rc~j~ct .hat ~.v~:~ ~~ded few the ~-ud~~t E;~c.~u~~e of ~e av~ilaL~lity o~ ~d~ition~I ~D~~ f~aric~s ttir~u~t- the ,~RR.t~. ~~V~~:3tL' ~i.'~ Total Fundtr~~ Source Amount to 2~Q~r~~~3~r ' Pra~a~ad Revised remaining Project. Date Adopted Revision Budget l~a:lance Cost Prior Funding Allocations: Std ~~ ~Q ~ ~~ $~1 :Proposed. Fundin+~ .Allc~catior~s: GDBG-F~ Funds ~ ~~ $-~~,Qt~O ~t7,t~£#~ [~ $a~lttlflD ~~~0 Gtr inns ecified funds ~~ fl4~~i ~ ~~~ $~.~~Ct Total c~ J $~,~t1 ~~,~~~ ~ ~~~.~~ P'r~ject Expenditures Engineering~~'ro#essonal services (# 0 ~~ ~~ -~ $~: Rie~ht-of-gray a a ~ Ct ~0 Cor~stnrctio~ S4 0 $E~~3=~~ ~5,[~~1~ ~ ~~~;~~1Q Total ~ Q ~~~ Qfl~ ~~ ~~ ~ $~~.t7f11 iTi° TEACUE NALL AND PERK/NS f 3~.a~~. ;r r'1 ,~ S .f ~.,i ri ,.F°r~s~~.JC+:§~..r ~ .s,,, vt..: ~~?' ~ %~~£~-:r'.J intr. +Gre~~ry Van Nieuvrenhuize, ~'',~. City c~i" ~Jarth l~~chlan~ }-ills 7~f3~ N,E. Laop ~~{~ r~©rth Richland Hi'[ls, Texas 7~1 ~-ctcber ~?', ~~3~ ~hari~s ~t~~et ~ff~iite C~ra~ina:g+~ ina~r+~v~r~+~nts Ctt~t cif Nr~rth Rtchlar~d ~ill~l"~"a~ran# Ceur~ty Tt~P" T;fi~R t3~~5 Gre~cry: ~n 11iJedr~esday; 4~ctaber ~~, ~~~~ bids avers rece~red at ~O~:a(~ ,~ for t:he above referenced ~src~ject. ~ to#! of helve formal bids vver~ received as follevvs: ~~~ Btt~ ~~nar~ L./~ik-wl?tA'Li~Ll l: 1r ~t [ii. ~'IJZ,C.3~~V.,~ ~ l a m h r ~ 1 1 ~ ort ~ n r ~ ~ ~ 2 , ~ 7 ~ '. ~~~1 ~ ~ / ( . (~, ~'"y {.c S~(~ pl ~w r{w^ ^q~ wA:~[ 1 u ~.eV l:.~1l n. '1~ •~d~Ml b la l Y1 ~ ! a ef ~ l + J~/! !~j '~[ y~;y1 [/ +'~~ ~ ~ f ~ i y ln4 M M , ~ ~ j ~. (, ji { ~ / ' (} '~ ~ ~~ 1~lr kV ~ u tJ 4 ~/}~/ ~'I ~}' '{j `' y~ {].~/ j~ +y^ 1~ f t , iR ~ 4. i~V.'4I M , ,yT j( } '~[( / ~ y uj 3k~'r ~ ~ ~ ~4f:I~k~~V' ~ ~ . j}+ ~/ ~{ ~/ ~j / ~ ~~. ( I f.~ i 1 \ ~ R ~~",79 ~~~j {[fJ ~£ { ~ mod ~. T r ~ s ~ ~ ~ /' £~Fy /J ~~~/ [f ^'~ ~ [ , ~1rT L F /~ ~ V/ r. Y j~`' (~,]j 1~ ~{ fA7yE + ^~ ~ " _ 1'i . F ^ • ~ e ~ { ~t ~i ~YI~~t•~~Tw~4f0~ ~.I^ '~], 'y ~~ ,/~y {( +~~ { Yr ~ V, ~~~wAR Y ~ ( ~ f y A ~' y ~ j {{ ~F j ~/ © ~ ~ ~ rt ~ + ~ ~ ~ ~.stru ~ ~ ~c~r~ ~ $'~~, ~ ~ ' ~ . ~~ ~( ~^ 'q~~~ }~'+*~' j7 ~{y ~Y jy , ~'`~ ~ PJ~ j/~~ +1~ ~/'` w] ~~( ~ ~tkln~ Brothers ~quipn~~er~t 1~~,~$~.+~(~ 2 ~ ~c~nstructit~n ~1~~`,~~.tlt~ ~/e harre eva~uaterf the lt~~r bid ar~d fund it to be corn~lete and responsive. l-~'aving no previous project experience vwrith anar~ Construction, ire requested reterer~ces v~rith a lis# cif projects. The rnajr~rity of the supplied reference prrsjects were municipal utility prcj~cts, indludr~~ ureter, sanitar}r seer, and drainage aspects, egcaal to 4r larder in scope than the above refer~:nce+~ Rroject. ,ail references gave fa~rQrak~te tt~ s~.~peric~r repc~rts~ used on t-espanses obtained from the supplied references ft~r this contractor on related' types of projects, u+re r~:ct~rnrt~ert~ that tie qty ~~` ~1~rth Ri~h(~nd dills rr~~ke the r~amr~endat~~n t~ Tarrant: Caunty to at~ard the contract for the Charles Btreet t~ffsite ~rair~age lmprc~Werner~ts tra Canar~+ Canstructivn, inc., in the amount of $~4,gg~.8~. Tarrant ~QUnky cur~rntly has ~G~,4~t~,~~ 'rrt ~~B~l~ canstruction funs available fc~r this project. In ~rrder fc~r Tarrant County to av+rard this contract the city ~f i~lc~rth Richland Hills must ccn~mit 4~~~,8~ along vuith their recorrtrne~n~at'i+~n to bridge thwe difference between t.l~e contract arx~cunt :and available ~oun#y funds. 3 t.;.`..' ~iF~ci~~I~t .: 1.1~;'.`,'` [".tl~ f4~°'V :;~", rr~'~~.3 T C3~~~ 4"+ ~ ~.,.~ ~"y"' ~ s ~~ k. ~ ~rA'~9~L~~v ~:~~` ~ ffa; 9; L ~sf`Y'~. A ~~n~pl~t~ bid t~bul~t~vn ~~ ~tt~ach~d f`~r your us~_ f# ~4u h~v~ ~n~ ~~~sti~ns ~r r~a~c~ir~ ~dditi~n~! infa~m~tionr ple~s~ dt~ n~~ h~sit~#~ t~ coil. ~rr~c~r~l~, TA~t~'~ N'Pal,..l. ANI~ P~RKIN~~~G. ,~~ .. ~Vl~rk ~. l'~t-~rp~tr~~, ~. ~f~~chrr~e~t ~~: Bred H+~~~n~ - Tarrant ~~~ Ca~rnur~~~~ I~~rr~l~~rr~~~t NFZH RESOLUTION NO. 2009-034 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID ON A CDBG-R PROJECT FOR THE CHARLES STREET OFFSITE DRAINAGE IMPROVEMENTS WITHIN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, The Charles Street Offsite Drainage Improvements Project was bid by Tarrant County as a Community Development Block Grant Project with funding from the American Recovery and Reinvestment Act; and, WHEREAS, Funds from the American Recovery and Reinvestment Act that are infused into the federal Community Development Block Grant program are known as CDBG-R funds; and, WHEREAS, The City of North Richland Hills has allocated an additional $5,000 in funds to compliment the City's CDBG-R funding allocation for the construction of the Charles Street Offsite Drainage Improvements Project; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to Canary Construction, Inc; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills hereby recommends for Tarrant County to award the contract for the Charles Street Offsite Drainage Improvements (CDBG-R) Project to Canary Construction, Inc. in the amount of $ 64,895.88. PASSED AND APPROVED on this the 9th day of November, 2009. 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., Managing Director CITY OF NORTH R/CHLAND HILLS Department: City Manager's Office Presented by: Elizabeth Reining Council Meeting Date: 11-9-2009 Agenda No. B.10 Subject: GN 2009-082 Approval of New Committee Members to the Youth Advisory Committee The Youth Advisory Committee (YAC) has two remaining vacancies after City Council approved two members at the September 28, 2009 Regular City Council Meeting. To fill those vacancies, the following new members are recommended for appointment: Nicole Zajimovic -Richland High School-Grade 10 Megan Servage -Richland High School-Grade 11 These new appointments are in accordance with the YAC by-laws. If these two members are approved, they will join YAC's 10 members. Paige Burroughs -Birdville High School-Grade 12 Kathryn Juren -Richland High School-Grade 12 Morgan Chaney -Richland High School-Grade 11 Tanner Kitching -Birdville High School-Grade 12 Kristyn Albert -Birdville High School-Grade 12 Madeline Orr -Richland High School-Grade 11 Zane Harrington -Birdville High School-Grade 12 Sarah Hillig -Birdville High School-Grade 12 Brandon Vinson -Richland High School-Grade 9 James Dargan -Richland High School-Grade 11 YAC also has an Active Group Representative that is continuing to serve, Sarah Yeakley. Sarah is a senior at Birdville High School. An Active Group Representative is a student who does not live within the City of North Richland Hills but attends a local school. An Active Group Representative is not appointed to the Board and has no voting rights. Recommendation: Approve the Youth Advisory Committee's recommendations for new committee members for 2009-2010. CITY OF NORTH R/CHLAND HILLS Department: Emergency Management Presented by: Sean Hughes Council Meeting Date: 11-9-2009 Agenda No. B.11 Subject: GN 2009-084 Consider acceptance of a 2009 Homeland Security Grant #2009-SS-T9-0064 in the amount of $11,883.08 for Community Emergency Response Team (CERT) training and equipment The City of North Richland Hills has been awarded a total of $11,883.08 from the Department of Homeland Security, Federal Emergency Management Agency. The Governor's Division of Emergency Management has issued asub-recipient agreement to North Richland Hills for the purchase of various equipment and training materials to enhance the North Richland Hills Community Emergency Response Team ("CERT"). This program began in 2004, is completely grant funded, and has trained over 220 Citizen Volunteers. From the grant, approximately 75% of the funds will be used to purchase additional equipment and 25% of the funds will be utilized for the purchase of CERT specific training materials. All of this equipment and training will greatly enhance the ability of North Richland Hills to respond and recover to large emergencies and disasters. Acceptance of this grant does not require matching funds. The City will be reimbursed 100% after all equipment has been purchased. Recommendation: To accept the Department of Homeland Security, Federal Emergency Management Agency grant in the amount of $11,883.08 for Community Emergency Response Team Training and Equipment. CITY OF NORTH R/CHLAND HILLS Department: Police Council Meeting Date: 11-9-2009 Presented by: Mike Hamlin Agenda No. B.12 Subject: GN 2009-086 Graffiti Ordinance update to reflect current Texas Law - Ordinance No. 3080 Late in the 2009 Texas legislative session, graffiti provisions were added to Texas House Bill 2086, a bill relating to gangs. The new graffiti provisions became Texas Law on September 1, 2009 and require a city to have specific provisions in any graffiti removal ordinance, including language that provides that a city may require removal of graffiti by a property owner only if the city has first offered to remove the graffiti free of charge, and the owner has refused to allow the city to remove the graffiti. Then, if the city has offered to remove the graffiti for free and the owner has rejected that offer, the city can remove the graffiti and charge the expenses to the property owner. Many cities have ordinances that require property owners to remove graffiti at their own expense, and these ordinances have been preempted by the new law. In an effort to keep our graffiti ordinance in compliance with the newly enacted law sections 50 - 43 and 50 - 44 of Chapter 50, Offenses and Nuisances, have been revised to reflect the language required by the new law. Recommendation: Approve Ordinance No. 3080 NFZH ORDINANCE NO. 3080 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 50 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND CONFORMING THE CITY'S GRAFFITTI REGULATIONS TO RECENTLY ENACTED STATUTES, PROVIDING FOR NOTICE AND ABATEMENT OF GRAFFITI BY THE CITY; PROVIDING FOR ASSESSMENT OF EXPENSES AGAINST THE PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule municipality located in Tarrant County, created in accordance with the provisions of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code and operating pursuant to its charter and laws of the State of Texas; and WHEREAS, the city council finds that graffiti is detrimental to the safety and welfare of the public, tends to reduce the value of private property, and invites vandalism and additional graffiti; and WHEREAS, the control of graffiti is within the police power of the city; and WHEREAS, recent statutory changes require amendments to the city's existing regulations of graffiti; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Sections 50-43 and 50-44 of the North Richland Hills Code of Ordinances are amended to read as follows: "Sec. 50-43. Removal of graffiti. If graffiti is located on private property and is visible from other private or public property, the city manager or designee may contact the owner of property upon which the graffiti has been placed, require that the graffiti be removed within fifteen (15) days of receipt of such notice, and offer to remove the graffiti at no cost to the property owner if such offer is accepted within a stated time. Date of receipt of notice shall be presumed to be the third day after the notice is given by any of the methods provided by Sec. 50-44. The owner of property within the City must remove the graffiti from the owner's property on receipt of notice from the city manager or designee. If the property owner fails to remove the graffiti and fails to accept the offer to remove the graffiti within the time provided by such notice, the owner will be deemed to have committed an offense. Failure to accept such offer within the time provided shall be deemed a refusal of such offer. Sec. 50-44. Notice and abatement by City. (A) If the property owner refuses the offer described in Sec. 50-43, and fails to remove the graffiti on or before the 15t" day after receipt of such notice, the city manager or designee may remove the graffiti and charge the expenses of removal to the property owner in accordance with the City's fee schedule. (B) The notice required by Sec. 50-43 must be given: (1) personally to the owner in writing; or (2) by letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or (3) if service cannot be obtained under Subdivision (1) or (2): (b) by publication at least once in a newspaper of general circulation in the city; (c) by posting the notice on or near the front door of each building on the property to which the notice relates; or (c) by posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates. (C) The expenses incurred under Subsection (A) may be assessed against the property on which the work is performed to remove the graffiti. (D) To obtain a lien against the property for expenses incurred under Subsection (A), a statement of expenses shall be filed with the county clerk. The statement of expenses must contain: (1) the name of the property owner, if known; (2) the legal description of the property; and (3) the amount of expenses incurred under Subsection (A). (E) A lien described by Subsection (D) attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to: (1) any previously recorded lien; and (2) the rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by Subsection (D). (F) It shall be an exception from the requirement that an owner remove graffiti from the owner's property if: (1) the graffiti is located on transportation infrastructure; and (2) the removal of the graffiti would create a hazard for the person performing the removal." SECTION 2. Cumulative. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of North Richland Hills, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances or the Code, in which event the terms of this ordinance shall prevail over the conflicting provisions of other ordinances, but such other ordinances shall be deemed to be repealed only to the extent of such conflict and shall otherwise continue in full force and effect. SECTION 3. Severability. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. Newspaper Publication. The city secretary is directed to publish this ordinance, or its caption and penalty clause, in the official city newspaper as required by the Texas Local Government Code. SECTION 6. Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on this the 9th day of November, 2009. 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: Jimmy Perdue, Assistant City Manager CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-09-2009 Presented by: Andy Jones Agenda No. B.13 Subject: GN 2009-088 Authorize City Manager to Execute Agreement for Night of Holiday Magic Property Use City Staff is seeking authorization for the City Manager to execute an agreement with Hometown Urban Partners, Ltd, for the temporary use of land they own located between Parker Boulevard and the NRH2O parking area. The purpose of this agreement is to secure approval from Hometown Urban Partners, Ltd, for the temporary use of their property located between Parker Boulevard and the NRH2O parking lot during the Night of Holiday Magic festivities on December 5, 2009. The temporary use will be twofold; first to provide for public access between Parker Boulevard and the NRH2O parking lot for this event, and secondly for the set up and execution of the fireworks display by the City's licensed and insured pyrotechnics contractor, North Texas Pyrotechnic Productions, LLC. City Staff have contacted Hometown Urban Partners, Ltd and received their approval to utilize their property for this event. This agreement serves to document the informal approval. Recommendation: Staff recommends Council approval authorizing the City Manager to execute this temporary land use agreement between the City and Hometown Urban Partners, Ltd. AGREEMENT FOR TEMPORARY USE OF LAND This agreement is made November 12, 2009 by and between Hometown Urban Partners, Ltd, (the "Owner") the owner of the land (the "land") located in North Richland Hills, Tarrant County, Texas described in the metes and bounds description in Attachment A hereto and the City of North Richland Hills ((the "City") for the purpose of documenting the terms and conditions of the granting by Owner to City of permission to use a portion of such land for a short time in connection with the City's "Night of Holiday Magic" celebration. WITNESSETH: 1. Owner grants City the right to use the land for temporary public access from Parker Boulevard to the NRH2O parking area on December 5, 2009 at the approximate location depicted on Attachment B hereto, and to use the area depicted on such schedule for fireworks discharge as shown thereon on such date. City is granted the right to enter the property between the date of this agreement and December 5, 2009 to mow and mark the temporary public access and to enter and remove any such markings and clean the site after the December 5, 2009 event. 2. .City agrees to allow fireworks to be used only by City's licensed and insured pyrotechnics contractor, North Texas Pyrotechnic Productions, LLC. City further agrees to indemnify and hold Owner harmless from all claims for damages, injury or death which may be claimed to have resulted from Owner's grant of the right to use the land to the City. Hometown Urban Partners, Ltd. By: City of North Richland Hills By: Mark Hindman, City Manager Approved as to form and Legality George Staples, Attorney ATTACHMENT A Legal Description Tract 1-1.986 Acres Page 1 of 1 Being a tract of land situated in the the Delilan C. Manning Survey, Abstract Number 1046 in the City of North Richland Hills, Tarrant County, Texas, being a portion of a parcel of land described in the deed to Arcadia Land Partners 17, Ltd. recorded in Volume 16652, Page 181 of the Deed Records of Tarrant County, Texas, said tract of land being more particularly described as follows: COMMENCING at a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" at the southeast corner of Lot 1, Block A, Home Town NRH Addition according to the plat recorded in Cabinet A, Slide 8335 (#D203164735) of the Plat Records of Tarrant County, Texas, from said set 1/2 inch capped rebar, a found 1/2 inch capped rebar stamped "A. WARD SURVEY RPLS 5606" at the southwest corner of said Lot 1, bears NORTH 86 degrees 50 minutes 49 seconds WEST, a distance of 297.88 feet; THENCE SOUTH 86 degrees 50 minutes 49 seconds EAST, along the North line of a parcel of land described in the deed to Texas Electric Service Company (TESCO) recorded in Volume 2844, Page 281 of said Deed Records, a distance of 1875.64 feet to a set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the southwest corner of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd., being the POINT OF BEGINNING; THENCE NORTH 03 degrees 09 minutes 11 seconds EAST, along the West line of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd., a distance of 315.40 feet to a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" at an angle point on the West line of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd.; THENCE NORTH 45 degrees 18 minutes 00 seconds EAST, along the northwest line of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd., a distance of 72.96 feet to a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" on the southwest right-of--way line of Parker Boulevard, aninety-foot (90') right-of--way, according to the plat of The Venue at Home Town recorded in Cabinet A, Slide 10807 (#D206023657) of said Plat Records; THENCE SOUTH 44 degrees 09 minutes 59 second EAST, along the southwest right-of--way line of said Parker Boulevard, a distance of 434.27 feet to a to a found 5/8 inch aluminum capped rebar stamped "TEXAS DEPARTMENT OF TRANSPORTATION ROW" at the North corner of a called 0.023 acre parcel of land described in the deed from Arcadia Land Partners 17, Ltd. to the State of Texas, executed September 13, 2007 (provided by client); THENCE SOUTH 00 degrees 46 minutes 13 seconds WEST, along the West line of said called 0.023 acre parcel of land, a distance of 21.47 feet to a found 5/8 inch aluminum capped rebar stamped "TEXAS DEPARTMENT OF TRANSPORTATION ROW" at an angle point on the northwest line of said 0.023 acre parcel of land; THENCE SOUTH 45 degrees 03 minutes 29 seconds WEST, along the northwest line of said called 0.023 acre parcel of land, a distance of 72.09 feet to a found 5/8 inch aluminum capped rebar stamped "TEXAS DEPARTMENT OF TRANSPORTATION ROW" at the southwest corner of said called 0.023 acre parcel of land, being on the North line of a parcel of land described in the deed to Texas Electric Service Company (TESCO) recorded in Volume 2844, Page 281 of said Deed Records; THENCE NORTH 86 degrees 50 minutes 49 seconds WEST, along the North line of said parcel of land described in the deed to Texas Electric Service Company (TESCO), a distance of 320.95 feet to the POINT OF BEGINNING containing 1.986 acres. Legal Description Tract 2 - 28.856 Acres Page 1 of 2 Being a tract of land situated in the Landon C. Walker Survey, Abstract Number 1652, the Landon C. Walker Survey, Abstract Number 1653, and the Delilan C. Manning Survey, Abstract Number 1046 in the City of North Richland Hills, Tarrant County, Texas, being a portion of a parcel of land described in the deed to Arcadia Land Partners 25, Ltd. recorded in document number D203472402 of the Deed Records of Tarrant County, Texas, said tract of land being more particularly described as follows: BEGINNING at a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" at the southeast corner of Lot 1, Block A, Home Town NRH Addition according to the plat recorded in Cabinet A, Slide 8335 (#D203164735), from said set 1/2 inch capped rebar, a found 1/2 inch capped rebar stamped "A. WARD SURVEY RPLS 5606" at the southwest corner of said Lot 1, bears NORTH 86 degrees 50 minutes 49 seconds WEST, a distance of 297.88 feet; THENCE NORTH 17 degrees 10 minutes 34 seconds EAST, along the East line of said Lot 1, a distance of 475.79 feet to a found 1/2 inch rebar at the beginning of anon-tangent curve, concave westerly, having a radius of 1809.24 feet, and a chord bearing of NORTH 11 degrees 03 minutes 53 seconds EAST; THENCE Northerly, along said non-tangent curve, and along the curving, East line of said Lot 1, an arc length of 220.62 feet to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING"; THENCE SOUTH 86 degrees 50 minutes 49 seconds EAST, a distance of 892.20 feet to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" THENCE NORTH 45 degrees 47 minutes 59 seconds EAST, a distance of 312.41 feet to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" on the southwest right-of--way line of Parker Boulevard, aseventy-foot (70') right-of--way according to the plat of Home Town East Infrastructure 1 recorded in Cabinet A, Slides 10305 and 10306 (#D205186325) of said Plat Records; THENCE SOUTH 46 degrees 07 minutes 50 seconds EAST, along the southwest right-of--way line of said Parker Boulevard, a distance of 170.27 feet to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" at the beginning of a tangent curve, concave Northeasterly having a radius of 155.00 feet; THENCE Southeasterly, along the southwest right-of--way line of said Parker Boulevard and along said tangent curve, an arc length of 88.19 feet to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" at the beginning of a tangent, reverse curve, having a radius of 155.00 feet; Legal Description Tract Z - 28.856 Acres Page 2 of 2 THENCE Southeasterly, along ttaining 28.586 acres. he southwest right-of--way line of said Parker Boulevard and along said tangent, reverse curve, an arc length of 92.63 feet to a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" at the most southerly corner of said Parker Boulevard, aseventy-foot (70') right-of--way, also being the most westerly corner of Parker Boulevard, aninety-foot (90') right-of--way, according to the plat of The Venue at Home Town recorded in Cabinet A, Slide 10807 (#D206023657) of said Plat Records; THENCE SOUTH 44 degrees 09 minutes 59 second EAST, along the southwest right-of--way line of said Parker Boulevard, aninety-foot (90') right-of--way, a distance of 522.72 feet to a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" on the northwest line of a parcel of land described in the deed to Arcadia Land Partners 17, Ltd. recorded in document number D203154561 of the Deed Records; THENCE SOUTH 45 degrees 18 minutes 00 seconds WEST, along the northwest line of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd., a distance of 72.96 feet to a set 1 /2 inch capped rebar stamped "JPH LAND SURVEYING" at an angle point on the West line of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd.; THENCE SOUTH 03 degrees 09 minutes 11 seconds WEST, along the West line of said parcel of land described in the deed to Arcadia Land Partners 17, Ltd., a distance of 315.40 feet to a set "MAG" nail with shiner stamped "JPH LAND SURVEYING" on the North line of a parcel of land described in the deed to Texas Electric Service Company (TESCO) recorded in Volume 2844, Page 281 of said Deed Records; THENCE NORTH 86 degrees 50 minutes 49 seconds WEST, along the North line of said parcel of land described in the deed to Texas Electric Service Company (TESCO), a distance of 1875.64 feet, to the POINT OF BEGINNING con is 9 ~ ~ • ~-4 +' ~'~+ ~,. . LI t ~ ~~ J a ~ ~~ ~e ~ ~". ~~ ~ ~~ ~ N'~ 4xi 4 ~ ~ j r °" 1 3,r, / M ~~ -f.. '~ _ ~' .r ~~ r ~` .« ~ ~~ x rk~'~ ~ { ~, . ~ ~ ~ +~ + L it T~XmR i _ ~ /~'!i ~~" _ ,~ ~ m{ E; ~L_~ CITY OF NORTH RlCHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 11-9-2009 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2009-06 Public Hearing and Consideration of a Request from David Thorne for a Zoning Change from AG (agricultural) to R-1-S (special single family) on Tract 7B, Abstract 1055 (located at 6525 Crane Road - 2.437 acres.) -Ordinance No. 3078 Case Summary: The applicant, David Thorne, represented by Ernest Hedgcoth, is requesting a zoning change on a 2.437 acre parcel from AG (agricultural) to R-1-S (special single family). The purpose of the zoning change request is to bring the property into a residential zoning district classification in order to construct a new single- family residence on the property. In order to construct asingle-family residential structure on the property both zoning and platting are required. The property will subsequently be sub-divided into two lots (with the final plat running concurrently with this zoning change request). Both lots will be over one (1) acre and meet the R-1-S zoning district lot size requirement. Plat Status: A final plat associated with this property is being presented concurrently with this zoning change request. Existing Site Conditions: A small out-building is currently located on the property. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The lot has frontage on Crane Road which is designated as a C2U undivided Minor Collector. Surrounding Zoning /Land Use: North: AG/ Residential Structure East: R-1 /Residential Structures South: R-2 /Residential Structure West: R-1-S /Residential Structure Staff Recommendation: Approval of Zoning Change request ZC 2009-06; Ordinance No. 3078. Planning & Zoning Commission Recommendation: 6-0 vote to Approve. Review Schedule: Application: 7/28/09 Applicant Revision Time: 7 weeks Final Hearing: 11/9/09 Scheduling Time: 6 weeks Staff Review: 2 weeks Total Review Time: 15 weeks LOCATION MAP PROPERTY OWNER NOTIFICATION ~~x~,~, NOTICE OF PUBLIC HEARING ~' ~ ~. .o ~ ~x CITY OF NQRTH RICHLAND HILLS ~~ PLANNING AND ZONING COMMISSION rF~-;5 AND CITY COUNCIL Case #: ZC 2009- Ofi Applicant: David Thorne Location: G5~5 Crane Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearin: A Public Hearing to Consider a Request from pavid Thorne for a zoning change from AG Agricultural to R-1-S Special Single Family on Tract 7B, Abstract 1055 (located at 5525 Crane Road - 2.437 acres.} Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER '17, 2009 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL IUIONDAY, OCTOBER 12, 2009 Both Meeting Times: 1:00 P.M. Both iVleeting Locations: CITY COUNCIL CHAMBERS 73x1 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 7fi180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS David L Thorne M.D P.A Sidney Jr & Carren Cavanaugh Mary T Leblanc 8320 Thornway Ct 6605 Crane Rd 6609 Crane Rd NRH Tx 7fi182-8838 Fort Worth Tx 76182-4303 Fort Worth Tx 76182-4303 Linda Branach 8801 Martin Dr NRH Tx 76182-4818 Perry R Etux Valerie Roberts 8901 Martin Dr NRH Tx 76182809 Loretta Samsill 8907 Martin Dr NRH Tx 76182-4809 Craig H Etux Susan S Vogl 6513 Grane Rd NRH Tx 76182-4302 Jane P Hunt 6520 Crane Rd Fort Worth Tx 76182-4311 Michael Etux Dana Challis 6513 Parkway Ave Fort Worth Tx 76182322 Cordelia Mae Crockett 6512 Crane Rd Fort Worth Tx 76182-x4311 Vanessa Kugler 6521 Parkway Ave Fort Worth Tx 76182-4322 Clark E Freeby 6600 Crane Rd Fort Worth Tx 76182325 William Etux Angela French 6516 Crane Rd NRH Tx 76182-4311 Dustin Duva11 fi517 Parkway Ave NRH Tx 76182-4322 Mark E Etux Carolyn A Gordon 6609 Gedar Grove Dr NRH Tx 76182-4380 Bacher Building Invest Inc Betty E Lee 3640 Chateaux Ln 6621 Crane Rd Hurst Tx 7fi054-2096 Fart Worth Tx 76182303 ORDINANCE NO. 3078 ZONING CASE ZC 2009-06 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.437 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet 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 2.437 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 from AG (Agricultural) to R-1-S (Special Single Family Residential) 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 9th day of November, 2009. 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 ~EI:NC`r ~..~~~ ~~re~ sit.u~tec~. in t~i~ t~.t~ c~~ 'T`~xa in ~tc~h f~i~~~~~~~ ~~lty'I`arrL~nt ~~~nt~. `:~~'~~~s ~in~; ~;a~ ~~f r~., ~~art~n ~'u~'tir~~ ~~t~a~: t :~c~. ~l ~ ~h~in~. ~.ll ~~~ ~ ~r~~~t ~c~n~~~~~ t~ I~~.~id ~.,. `'~~~ y ~~~;d ar~u~ar~:~~ ~.n .~t~u::~nt ~.:C~~~~~~~~, ~~~~ ~.c~~.«r T~.r~r~nt ~~unt~-g ~'~r:~~, .n~. ~:~C~I~~~~ar ~t ~ ~T~ inch iron rid ~t ~n t~~ ~~~~t :~i~,h.t ~:f~~~:~ i.~ ~:~`r~n~ ~ri~, :~r.~:~. the ~vut~~~i c~~~ ~~` ~ t~~~~°t ~` 1~~~ ~;~n~ ~~ t~ t.~'~n`~n Lie ~~~~7a~~a~ ~~ t~~~ r~~~rs~~~ i.n ns~~.~~~tt ~~. ~:?~~~~ ~~' ~h~ ~~~~~~ ~~c~r~~ a'Tarr~~ c~un~~~9 'I`~~~ end the n~~t~~~.~t n~~r crf sa~~ prr~~~~~, ~`NT,~1~C ~~it~~ ;~~d ~xr~st r~:~~t c~ ~~ ~~n~ ~#' the eat l~n t~~~~~~ tr~~;~:x ~~~t~~ {~~"~"~ ~'~;p~s.t ~'~~~,~~' f~~t to a ~,~ in~:h i:~pn rid. fa~~nd fir the n~rt~~a~t ~~~°.~er a~~':1~~~t :~~.~ ~,~~tc~~~ r~~.~t~~n, n ~~~i~i~r~ to ~~~ c~~'1'~~rt~i ~.i~h~~~~ Hips, "T~.r~~nt C:~~n~X, T~~, ~~~~r~~~, t~ ~~~ ~~l~t :~~~c~rd~~ in ~~~~n~t ~, ~~~~ ~~, :I'1at I~.~~~~s ~`TI`~.~nt ~;c~~nl~°°, ..~'~:~~ ~~ ~~ ~~~~~~~ ~:~~n~x ~~`th~s ~r~~ta TH~~~°~ ~~ith the n~ ~ c~#"~;~i~ ~~:t~n ~-.d~iitic~n ~n~ t~ south l~n~ €~ft~is t~~t, ~c~~ath ~~"~' ~~,~ ~tst 3~5.~~' ~:~~t t~ ~ ~" ~~°~n ~~~ t~~~~i ~~~r the s~~~t~:rifest c~~~~x ~~~ this tr~c~: ~~ ~ t~~~t ~c~n~~~rec~. tea ~'~:,~ :R.:~.~~erts ~t~e~~r~in t~ ~ ~~~;c;~~~:e~ i~ instrnrr~e~t c~. ~~~~~~~)~ 1 ?~ ~~ :~.ee~~~s 'Ta~~°ant c~unt~, Te:~,~{ `~`~:F:N~:,~ ~~~t~ tic ~~,~ .~.~.~ ` t~~ .c~~erts tr:~t .n~i tie Wiest i:ne t~.~s t~~etb ~~rth ~~"~}~~~~~,:~:~.st ?,~~.~' feet t~ ~. ~~' i~c~~ ~~~ found in tie s~.h lire c~~" :yet: ~~:f ~n~ c~n~~~~~~ t~ said ~~~~~.~~ t:~a~.:t ~`~~~ the nc:~rth~t ~°~.~~n~~ ~ Lt ~ , ~~~~ ~ ~'~~~r .~~~~~i~~n in the ~~ ~~"~r~ :~.i~l~n~ illy "~'a:~r~.r~t ~'aunt~, Tees, ~s ree~rr~ed in ~`ahin€~t , de ~~~ 'lit ~e~~~s ~`~~~nt ~:.~~~t~t~-, :"~;~~~; ~:~~ tie n~~ti.avest e~r°rie~ ~~.f t~:s tet; Z~~E~C~~ nth the s~~th l~~e n~ ~~id C~:v~n~~~~~ tract ~.n~3 the ~~~th ln.e c~.~~th~s tra~;t~ berth '~°~~~'~~4#'~~.st: ~~,~~" .~`~~ t~ the :~c~~~t c~~`~e~;~~~nir~ cc~nt~.r~i~~~ ~.~~~' acres €~°~~~. ZONING EXHIBIT ~~ ~ N ~~ ~ ~~ ~ ~ ~ ' ~ ~ .~ z c~ >. ~~ ~ ~ ~` ~ ~~ ~m s ~ ` w ~ w ~i~~ a Y, ~ ~ • ~~ ~ ~~ ~ o ~ '9 _ rtCC~z ~~ 3d3,~~C»~ a0~~ ~~{y~ ~' ~~ytt ~ ~ F~~ N ~ ~ ~ .. 11 7 ~ ' °' z Wi ~ ? z" f ` v:, -1 .;q `~y ~ n `dl ~i ~7 G ~ O ~ ~ ° ~ V g C~J b' r+.~. ,fig U FgR~~ ~ 9 C.. WIM : ~^; `` v W Ff( ~ '1,~ Y~.~ WI a ~ f ~ ~ 1 i ~ i ~4 11 }- ('{I > ~ ~ ~ (iJ ~ h. ~ ~ 1 ~ ~- m ~ GJ n G. ~ ~ n C7 >r e. ~~ i ~ 7 J ~~ ~~'~ 1 { ~ ~~~ z~ ~ ~Nh 1 g 1 ,.. <. :. (~ Y CL W ~ 1 ! 1~ -n w n ilk f-s 1 r ~ ~ .~ (.r W ~ ~ j ~I,i ~... ~ A Qom-. v t1! ;n .'=F1 ~ EI ` ,; ~ i oo ~}§ (n 1 Q 1--1 1= ,`~ d~ ^_ a v O i ~i~ 1 Y~ ~ 6e Y L 1 ~.. X ~ -.1• , a -. ~tw Iw ~ .¢ 7 +• X i +i+ • c~ ~ I F:.. I I U ~~ ~ ~ ~ A ~' s d -~ ~ '~ ~, :~ . ;~ ,~ ~ k ~~2 ~ '' ~ ~~ ~~~ ~= ; ~ E- ~ Y o v ~ ; ~~ ~ ._._ - - ..~....... _ _ ~ ai w ; ~ ~ ~ r- ~, ~ ~ U ~ Y ~ ~ °~ ' ~ - -- -.. _ 1 ~: ats.4e° fiaa•is~nc'~ tt s: U ti ~ I ..`~, ~ W ~a -~~ t : ca ~.O•.~Gt ~ I 'lp ~Gt ~ F k ~ _ ~..~ .,.: ~ ~..~_ 4/~1 ,(- Iv •; ~. w.l~v?C a~ .~rA `}`}00'755 5 (Y fix:.'-, =a ~ ..~ z ..~. ^M W 2 W V Z Z O N EXCERPT FROM THE MINUTES OF THE OCTOBER 15, 2009 PLANNING AND ZONING COMMISSION MEETING ZC 2009-06 Public Hearing and Consideration of a Request from David Thorne for a Zoning Change from AG agriculture to R-1-S Special Single Family on Tract 7B, Abstract 1055 (located at 6525 Crane Road- 2.437 acres.) CONTINUED FROM THE SEPTEMBER 17, 2009 MEETING. Eric Wilhite said that this property is located on Crane Rd. just north of Martin Drive. The request is to change the zoning from AG to R-1-S. This case originally came before you at the September 17, 2009 Planning & Zoning meeting. The applicants had requested a continuance to this meeting so that the zoning could go along with the preliminary and final plats. Mr. Thorne is requesting this zoning change to construct a new single family residence. They have to bring the property into a zoning classification in order to build. The property is well over 1 acre and meets the R-1-S standards. Staff has reviewed and it is consistent with the Comprehensive Land Use Plan which indicates low density residential for this area and recommends your approval. Public hearing opened at 7:04 pm Ernest Hedgecoth, 5701 C Midway Road, Haltom City, with Ernest Hedgecoth Consulting Engineers came forward representing Mr. Thorne for the re-zoning request. We have worked out all the arrangements with staff for the drainage and platting issues. The case was held up because they didn't want to have the property zoned last month and then something happen and not be able to work out the other details. Everything has been worked out now and we are ready to go forward with the zoning, preliminary and final plats. We are working with the architect on the plans for the house now to get ready to start construction. They will have a single family house on Lot 1 of the proposed final plat. Vice Chairman Bill Schopper asked if anyone wanted to come forward, seeing none he closed the Public Hearing at 7:05 pm Mike Benton motioned to approve ZC 2009-06, seconded by Dianna Madar. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 11-9-2009 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2009-09 Public Hearing and Consideration of a Request from Charles Paul for a Zoning Change from AG (agricultural) to R-1-S (special single family) on Tract 1 B09, Abstract 1266 (located at 7408 Continental Trail - 2.27 acres.) -Ordinance No. 3079 Case Summary: The applicant and property owner Charles Paul is requesting a zoning change on a 2.27 acre parcel from AG (agricultural) to R-1-S (special single family). Mr. Paul currently has a residence on this property. Mr. Paul's intentions are to make improvements to the existing residential structure by adding an attached garage. Zoning regulations for this type of expansion require the property to be zoned to residential and properly platted. R-1-S zoning requires the lot acreage to be at least one (1) acre. Plat Status: A Final plat associated with this property is being processed concurrently with this zoning change request. Existing Site Conditions: A residential structure is located on the site. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The lot has frontage on Continental Trail which is designated as a R2U residential collector. Surrounding Zoning /Land Use: North: AG/ Agricultural West: AG/ Agricultural South: AG/ Agricultural East: AG/ Agricultural Staff Recommendation: Approval of Zoning Change request ZC 2009-09; Ordinance No. 3079. Planning & Zoning Commission Recommendation: 6-0 vote to approve. Review Schedule: Application: 9/14/09 Final Hearing: 11/9/09 Staff Review: 2 weeks Applicant Revision Time: 2 weeks Scheduling Time: 4 weeks Total Review Time: 8 weeks C C L~CATI~N MAP AERIAL PROPERTY OWNER NOTIFICATION ~~,•-K...-..~a NOTICE OF PUBLIC HEARING ~~ ' ~~ ~ CITY OF NC3RTH RICH-LAND HILLS ~;: '~ ..~~ PLANNING AND ZONING COMMISSION ~~~;5 AND CITY COUNCIL Case #: ZC 209- 09 Applicant: Charles Paul Location: X408 Continents! Trail You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Puraose of Public Hearing: A Public Hearing to Consider a Request from Charles Paui for a zoning change from AG Agricultural to R-1-S Special Single Family on Tract ~ B09, Abstract 12fi6 (located at 7408 Continental Trail - 2,27 acres.} Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 15, 2QQ9 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, NOVEMBER 9, 2009 Both Meeting Times: T:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 1V. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions qr 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 David A Crownover 7425 Continental Trl NRH Tx 7fi182-8700 Shaun Spooner 7417 Continental Trl NRH Tx 76182-8700 Elaine Marie McCallion 7401 Continental Trl Fort Worth Tx 76182-8700 Thamas J Etux Ellen Harris 8040 Valley Dr NRH Tx 7fi182-8704 John Etux Donna Albin 8024 Valley Dr Fart Worth Tx 76182-8704 Robert Bartley 1424 Continental Trl Fort Worth Tx 76182-$703 Charles O Paul Troy Hudson 7408 Continental Trl 8016 V~Aey lJr Fort worth Tx 7x182-8703 Fort v~rorth Tx 7fi182M8704 ORDINANCE NO. 3079 ZONING CASE ZC 2009-09 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 2.27 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet 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 2.27 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 from AG (Agricultural) to R- 1-S (Special Single Family Residential) 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 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 9th day of November, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A 1NHEREAS, Charles t~. Paul, being-the owner of a tract of land situated in the Stephen Richardson Sunray, Abstract lVo. 128fi, Tarrant C+aunty, Texas. 2,27 acres situated in and k~eing a portion cf the Stephen RichardsonSunrey, Ala~stract IVo. "1266, and being that certain tract of land conveyed tca Charier C. Raul ay deed recorded in Volume X254.7, Page 13fi9, Deed Records, Tarrant County, Texas and being more particularly descrMbed by metes and bounds as follows: BEGINNING at a'/~" iron found in the South line of Continental 'T'rail, said iron-being called by deed to be x.75 °42'E., 283.4Q fee# from the intersection of the South line of said Continental Trail and the fast line of Valley Drive, said iron being the Northwest comer of the herein described tract; TkI~:NGE 1~I ?~°42'00" E., with tl~e South line of said Cvntihental Trail, 296.61 feet to a 51$" iron found; T.l-i~1`iCE S 05°59'41" I/., 3~4 Qs feet to a cross-tie fence post found; THENCE S 81 °34' 16"' W, 22b.39 feet. to a %." pipe found a# the base of a 2" steel fence past;. ~'ItEI~CE N 1 b °33'01 " W, 367.44 feet to the PO IN'I' O~ 1311GINNtNG and containing 2.?7 acres or ~9fl6D square feet of land. H m_ w _Z Z N .~~ ~ ~ ~ :~ ¢w ~:~ ~ ~ ~ ~c i'lC~ i~ 4 ~~ ip A ~~~ ~~~ ~ x~ ~ St ~.. g~ ~'~ > g'~ ~ "° a ~~ri~ ~~~ ~ ~~ ~~ P ~ ~ 3 }~ ~ .n> .*. 'd x ~~ ~~ ~~~ r ~~ ~~ F o~ "jpp?u~ia~ ~y~~ ~ ~~ ~~ y, U .Y n ~~ ~~ ~n~~ ~~up ~~~~..~~ ~ ~u ~~ N~f'~ a~~~ ~~~~~~N t 1 ,. 1 ~.._._.~.1 .1~~ ~. _ _~ --_ : ~ ~ ~l ~ ~ ~~ ~ ~~ ~~ a ~ ~~ ~` ~ ~ ~ (* ~, y 1 ~Q ~ d ~ ~ ~~ U ~~ ~~ .' ~ , ~~ _....---._.~.._.~ 1 ~ ~~ ~ 1 z y ~ 1 ., .~ ~ ~; ~. ~~ t ~ ~ft sl~_~ :V~xp~fP~f'/. ! ~ ~1 3t' i• 1 ~ § .7i o Y I ~~ ,J ~ ,~ ,~ ~~ . ; r ~ ~s ~ v ~ ~ , ~; ~ ~ ~s ~~ J ~ 1 ~ ' ~~ ~a ~~~~~ ~ ~~0~~:~~ oU~~~~~ ~ vG~~ ~~~~~~ ~~°~~ N 4 ~i a ~~~. tf ,~~ ~? ,.3~~ ~~~< F~ I~ s ~~: ~ P _~ ~~ ~~ 1 1 1` 1 ., , . ,~~'' ~ gg R 1 ~~ ~ ~ • ~ ~~~ ~~ 1~ 1 K ry~ M i ~ G .~ t i~ » ~ ~~! ~W~~ ~~~ g r~ ;. ~~r~ ~~ a- ~~ ~ ~ ~ ~ wr`1~i ~ ./ c . • ~ ~ ~~ ~~,~~~ ~~ ~~~~ ~~ ~ j~~ ~z ~~#~ ~ ~~ ~~~~~~~ ~ ai ~ ~~~~ N ~~ ~~W p~p ~r~ NO .i~y~ ~° EXCERPT FROM THE MINUTES OF THE OCTOBER 15, 2009 PLANNING AND ZONING COMMISSION MEETING ZC 2009-09 Public Hearing and Consideration of a Request from Charles Paul for a Zoning Change from AG Agricultural to R-1-S Special Single Family on Tract 1 B09, Abstract 1266 (located at 7408 Continental Trail - 2.27 acres.) Eric Wilhite said that this zoning change request is located on Continental Trail just east of Valley Drive. The property is 2.27 acres and is currently zoned AG. They are requesting to rezone to R-1-S in order to add an attached garage structure to expand the existing single family residence. They need to bring property into a zoning classification in order to do any additions to the existing residence. The next case will also plat the property so that they will be able to do that. Staff has reviewed the request and it does meet the Comprehensive Land Use plan that also identifies this as low density residential and we recommend your approval. Vice Chairman Bill Schopper opened the Public Hearing at 7:08 pm. Charles Paul, 7408 Continental Trail, North Richland Hills, came forward and stated that he would like to have a garage to park his vehicles in to keep them out of the weather. I would appreciate your consideration and approval of the zoning change. Vice Chairman Bill Schopper closed Public Hearing at 7:09 pm. Mike Benton motioned to approve ZC 2009-09. Dianna Madar seconded the motion and it was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 11-9-2009 Presented by: Eric Wilhite Agenda No. D.1 Subject: FP 2009-04 Consideration of a Request from David Thorne to Approve a Final Plat of Lot 1, Block 1, Thorne Addition (located at 6525 Crane Road - 1.009 acres.) Case Summary: The property owner, David Thorne, represented by Ernest Hedgcoth, is requesting approval of a final plat fora 1.009 acre lot. The final plat request will only include one of two lots that were recently included in the preliminary plat for the Thorne Addition which was recently approved by the Planning and Zoning Commission. The portion not being final plated is the area to the north. This preliminary platted lot will be final platted at a future date. The platting of this property will bring it into conformance with subdivision regulations prior to constructing a new single-family residence. This property also requires the property to be rezoned for residential uses. A zoning change request is running concurrently with this final plat request. Current Zoning: Currently AG (agricultural), azoning change request is running concurrently with this plat for R-1-S zoning. Thoroughfare Plan: The lot has frontage on Crane Road which is designated as a C2U undivided Minor Collector with 60 feet of right-of-way. Comprehensive Plan: The Comprehensive Plan depicts low density residential for this area. This plat is consistent with the plan. 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. Staff Recommendation: Approval of final plat request FP 2009-04 Planning & Zoning Commission Recommendation: 6-0 vote for approval Review Schedule: Application: 7/28/09 Final Hearing: 11 /9/09 Staff Review: 3 weeks Applicant Revision Time: 8 weeks Scheduling Time: 4 weeks Total Review Time: 15 weeks C L4CATIQN MAP AERIAL ,~ - ~~ , "'Ya,Q,~'yT :-: °._. ~ :!'>G'i " "~' s! } ~ .Rli,~'f 1„ ~j,J ~y ` .'~y~- - _ '~ ~ =~ 1a-~ i. •~~ 1 ' Y~ f t ~~ , P ~+ .1 - r FMS- M~ i." ~4 `. ~,~ ~r. ~ ~' 'My k ',y~ ~o~ ~'"~p.`„~.a'P'~ ~n ~,~,` Lx?i, ~3~'•~ 5'F,~~-~ t ~ „off ? i~ t ~„e, . • J 1 {, Mi~'7 ,kp `,'' J ~'. ~~ J'..% *''~'.~ _,+~" ~ 4~;t~,Wt''n'1 ~ ' ~~ •a,t. ~Y a._ .. ~~ ^ i,,_. ... ~~, ~ ~~ ,. ; r c ~q. 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Q I a e $ ~ ~: R, < N ~ M n ~ i . HSk e gg : - ~ 4 ~ ~ ~ F $ ~ ~ 4 a ~ z ,oa f ~~1s•t. iY . ,~ Q. 9gGh~ g '~ss~i ~^ ~-a t ; Y C ? I ~ r C > «'c 1S ~ xx F ~ ~i ! ' . L~.. ~ ~ Y Z Itlr- ~, ~ ; X C ~ p/;y ~ ~ I - N~9 '0'Q?'C.... 3rd j 37' .~.... ~ } a~ It 7 ~: ~ ~ t w-. } ~~ A ~ ~ ~* °` ~ Q J ~ I ~ E q ;~ :S H ~ N ~~..i 1 d ~ ~ ~ ~ ~ a ~.~ Q f~ G C r (... S..) 2 ~ ~ t ~ ~.1 M~ W X W a in --~--- ~ ~.: i C: l: u r. a U; a w `~ :« n H- ~ ~l I Q ` ~~-D~ ": r- .. L;Y Z~ Lf r ~u t ~ y~ '~ Q o* r ~ ~ G x ~ . y qq ~ ~ t w ~ ~ _ H"~.. ~ fl Q W u ~ Y j ~ ~~`z ~ ~ ~ q _ .- .~ ~.. o o~ N *Q ~ a ~ ~- ~` ~_ ~ t,. a t~ j l~l. ~ ~~ ~ t \ + ~ .~T -":~ ,.~ t a u~ ` N 6t 1 ( 1 C~ ~ i ~~ t4 ~ g ~ a ~: }~ ~ . Y,M~ u ~` ~ 11 ~ i C _n ~ e ~ >, ~ g S.r • C~~ Q§ L :~' ~~ ~ S ~ ~~ . Y yn i. ~~ ~ f t~ t1d1S ~ :5 u'ii~. V ~~~ c+~~ ~ i ~~ i s ~ ~ ~~ ~ YF'v vc~~' C~ d #M UG ~$,. S IIs~ ~~~ U I~.i '~ttl ~ ~i f 'yd~/ ~ ~ e r tl. Via} -~ ~~ t1 yS `i Vp ~ ~ ~ O 6 fA ~ ~: I ~ u I I w Y i„ S4 a ~~~+xt~ t~ i laJ ~ di ~ x ~ Z ~I ~ ~~ ~ ~~ I~~ ~ r_~ ^_ W ~ I ~ ~ ~ .-. I ~ Cl r. r. V t } y •t~ a ~. ~ ~ •' v C7 «-. ;; a A t:7 ~ ~^ i ~z_ x u~r i .. } ( W~gK 4 XI o PG ~ ' ~ I w U~ ~ a .. r:.c ;, ~ ~ ? ~-;' :t; ~ I i ~,, __ -.: .._ _ - ~ " 4t x .,,,fir ~,,or: .~~ ~ ~_,, ~'~ ~ a ~ o a E. „ ~. ~r, ~~ tY 7 I 't '~~' ~n~~~ ~ ~ 7 ~ q O z / ~ } ~: ~ EXCERPT FROM THE MINUTES OF THE OCTOBER 15, 2009 PLANNING AND ZONING COMMISSION MEETING FP 2009-04 Consideration of a Request from David Thorne to Approve a Final Plat of Lot 1, Block 1, Thorne Addition (located at 6525 Crane Road -1.009 acres.) Eric Wilhite stated that the final plat is for Lot 1 from the Preliminary Plat which will be just over one acre to allow them to construct a single family residence. It meets all requirements and staff recommends approval. Don Bowen, seconded by Steven Cooper motioned to approve FP 2009-04. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 11-9-2009 Presented by: Eric Wilhite Agenda No. D.2 Subject: FP 2009-05 Consideration of a Request from Charles Paul to Approve a Final Plat of Lot 1, Block 1, Paul Addition and approve developer agreement subject to receipt of title policy guaranteeing developer's security for proportionality (located at 7408 Continental Trail - 2.27 acres.) Case Summary: The applicant, Charles Paul, is requesting approval of a Final Plat fora 2.27 acre tract. Several of the tracts along Continental Trail are similar to this tract and have never been platted or zoned into a residential zoning classification. In order to construct an addition of a garage to the existing residential structure that Mr. Paul resides in, the tract must be platted. The property has a zoning change request running concurrently with this final plat request. The proposed plat meets the lot width and the minimum lot square footage required for the R-1-S zoning district. Current Zoning: AG (agricultural) with R-1-S (special single family) being requested. Thoroughfare Plan: The lot fronts Continental Trail a local street with 60 feet of right of way. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The proposed lot corresponds to the plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The City Engineer has determined that the developer will be responsible for the cost of constructing 285 linear feet of curb and gutter, and 126 square yards of concrete sidewalk. The cost for these improvements was determined to be $8,443.00 which is the property owner's proportionate share of the proposed development. The developer is requesting that he not pay these future improvement costs at this time. Instead the property owner is requesting that the attached agreement for this infrastructure costs be executed. Staff Recommendation: Approval of FP 2009-05. Planning & Zoning Commission Recommendation: 6-0 vote to approve. Review Schedule: Application: 9/14/09 Final Hearing: 11 /9/09 Staff Review: 2 weeks Applicant Revision Time: 2 weeks Scheduling Time: 4 weeks Total Review Time: 8 weeks L4CATI~N N1AP AERIAL ~. ~ S~.j1 ~.~ - l~F T ~ ~ ~~ y'~~ t:.. ..' C - ~_ - a ~ a u '~ b ~ r' ~ ~ !t ~w ~y"fit "{~, #`..y- . .~ .,_ . .. ~ ~: .wc .. .':li ~' ' ' , ~ ` ~, r ~e 1 ,_y'i.,..... ... a , ~`%- r .~ '.`~ .,. , ,; t .. ~ ~ s ~ .~ a ~~ ~„~ ;~ a! ~a p` ~ _ ~ ~ . .. ~, ~ ~ tit i~ ~~g y : . ~i ~ • P.. ~.~ ... ~~ . .. o. ~ 1 S RRR ,,, :: .,~ ~,. ~.y ..,, .. ~~ ~ }. i ~. C ~ •~ ;. .. ~ '. ~. ~ ~' ~i a-i.., . i- ,. - . .. ,. _ / ~~ ~~~i~,~h "raR~ ~+ ~. ... s~ x r 'iw~ E ~ ` . TMa-. ~ ~ i ,'~` ~ ~V Z.~ .~ ~ * x m ~ -',~~' ` ,~j ~~ ~ ~ ; ~'~ r `4 1C s '44S * ~~. ~ ~ ~} 1w~g 5 ~4 i w a.~w q't i -~, , ter. r~ ', ,¢ L ~ ~ , ~ ' r ......,._,_. -,_~._....__ .~. ~ r .......r.~.~.- }~ .~ ~. ',~ ;- , . ~ ,. ~~ ~, - "'. „ w~. .i t DEVELOPER'S AGREEMENT DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The paRies to this agreement for municipal infrastructure costs ("Agreement") are the City of North Richland Hills {"City") and Chazles O. Paul, II ("Developer"}. This Agreement is to document the obligation of Developer to pay the City's cost of constructing certain municipal. infrastructure improvements determined pwsuant to section 212.904 of the Texas Local Government Code to be roughly proportionate to the development of the property owned by Developer, which is described as 7408 Continental Trail, North Richland Hills, Tarrant County, Texas ("Property"), and to document the natwe and extent of the improvements to be constructed. WITNESSETH 1. Developer has executed, contemporaneous with this Agreement, a Deed of Trust, securing the payment of $8,443.0{1("Infrastructure Cost") to the City, payable within 30 days of receipt of demand from the City, which demand shall not be made before the completion of construction of the improvements described in paragraph 3 below. Any due and owing but. unpaid amounts shall bear interest at the rate of 8% per annum commencing 30 days after the City makes demand on the Developer for the payment of the Infrastructure Cost. 2. Developer acknowledges and agrees: (a) that the Infrastructure Cost is the amount correctly determined to be roughly proportionate to the proposed development of the Property; (b) that this Agreement constitutes a contract as referenced in section 53.254 of the Texas Property Cade; (c) that this Agreement is executed before any material is furnished or labor is performed regazding the construction of the improvements described herein; (d} that this Agreement must be executed by Charles O. Paul, II as Developer to be enforceable; DEVELOPER AGREEMENT PAGE I OF 3 (e) that this Agreement inures to the benefit of all persons who labor or furnish material for the City; (fl that this Agreement shall be filed by-the City in the Tarrant County Deed Records to evidence Developer's waiver of any and all homestead rights Developer may have in the Property to the extent and amount of Developer's obligations evidenced by this Agreement; (g) that the Deed of Trust shall be filed by the City in the Tarrant County Deed Records to secure Developer's obligations evidenced by this Agreement; and (h) that an A#~davit for Lien may be filed by the City in the Tarrant County Deed Records to further secwe Developer's obligations evidenced by this Agreement. 3. The public infrastructure improvements to be constructed adjacent to the Property pursuant to this Agreement are. as follows: • Approximately 285 linear foot curb and gutter; and • Approximately l26 square yazds of concrete sidewalk. 4. Upon the City's receipt of the Infrastructure Cost and any interest due and owing under this Agreement, Developer shall be entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 5. If the public improvements described in pazagraph 3 are not constructed within 30 years of the date of this undertaking, Developer shall be entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 6. DEVELOPER, BY EXECUTING THIS AGREEMENT, FORMALLY WAIVE ANY AND ALL NOTICES OF LIEN REQUIRED TO BE GIVEN BY APPLICABLE LAW. Signed this the day of , 2009. By: CITY OF NORTH RICHLAND HILLS City Manager city's Mailing Address: 7301 N.E. Loop 820 P.O. $ox 820609 North Richland Hills, Texas 76182 DEVELOPER AGREEMENT PAGE 2 OF 3 ATTEST: City Secretary DEVELOPER ~~ .- Charles O. Paul, II Date: ~U ' '~' ' ~ ~T Developer's mailing address: 7408 Continental Trail North Richland Hills, Texas 76182 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this. date by Chazles O. Paul, II, who acknowledged to me that he executed the same for the purposes and consideration herein expressed. Notary Public, in and for the 5 e of Tex My commission expires: +,~.^.'...~~ MARIA V. UNDSEY ~. ; ~ Notary Ptbl~ ~ d trove ~••.,,q;,,,, MAY 12, 2Qt3 DEVELOPER AGREEMENT PAGE 3 OF 3 ~~ ~~ ~ a~ ~_ ~qE $U '~~ ~C ~ R ~ ~ ~ ~ ~ y ~~.1 ees++ ys ~~ ~ ~~. ,~ ~~ ~ '~~ ~ ~ ~p~ ~ ~~ ~~ ~i r ~ ~ ~~~ ~ ~~ M~ a „ , o ~ U~ ~ ~~~~ vavs c~ ~. , w ~~ ~~ ~~ ~ `~ ~~~~ °~~ '~' g~$ Q~ qv~ g ~~~ ~ ~ ~w ~~~~~ ~ ~#~ ~I ~ ~ ~~ ~ ~ ~~~ #~ at `vt fir{ b ~ ~ ~ .3 ~ ~~M,~ ~ f i ~~k V ~~ ~ 1•~ 1• .~.t` ' ,. ~~~ • 1 ~ ~„ ... ,.. ~ ... •~~ i ~ 1 ~ ~ ~ ~~ ~ 1 ~~ _.,. ~...~. ~~~ 1 '~ ~ r ~ _ '~ ~ '~ ~ ~ ~ ~~ ~ ~ 0. ~~~ ,• 1 •, •, Y t ~~ l •5 ~~ H m W Q a ~ .s . ~ : - - -6C.._ ~ ~~ ~ ~ ~~~ ~? ~ ~ n i ~G ~ ~ ~ ~ ~ ' . 1 , .. s ~. o .` ' e ~~ f !F{ . so}Yg~~' ~ w __ __ -- ~ ~~ ~ ``~l~t ~if* "M a ~ ~G~' ~~ S' "~ ~ J b, ~ ~s a ~~ . .t ~ /~ ,~z~ x ~~~~~~ ?~~ o~Q~`~ a ~a~ t ~A v`~~u I~1 z ~~~~~~ wW ;- °~ ~~'. 2 '~ P, ~ ~' s G , d~ 3; r~~~ 1 ~~a~ ' f ~ ~ y r ~. ` N cr !-. Y ~~lj~ C 1 r` ~ ~ ~ '~ I 1 3 ~' ~ ~ ~ ti =,. ~` ~ ~, °r ~ i x• ~~ F 1 ` ~~ ti 1 ,t 4 ~ ~ ~ ~ ~1. ` ~~~ ~ ~ R ~ Cµ7 ~ b ~B ~ ~ ~ ~ ~~ .~ ~~ &~_ j4 ~ ~~ ~y~ ~~~ ~~~ y ? ~ $ L E 4~ ~~~~ `~` h fry( `i } ~1 I ~~~ _~~ Y M i ~ ~~~~~~~ i ~~ji~~i ~# ~ ~~ ~~~~~~~ ~ ~~ aw ~~~~ y ~~ie~ ~~~~ EXCERPT FROM THE MINUTES OF THE OCTOBER 15, 2009 PLANNING AND ZONING COMMISSION MEETING FP 2009-05 Consideration of a Request from Charles Paul to Approve a Final Plat of Lot 1, Block 1, Paul Addition (located at 7408 Continental Trail - 2.27 acres.) Eric Wilhite stated that this final plat request will plat Mr. Paul's 2.27 acres where his house is on Continental Drive so he can come in conformance with the subdivision rules and regulations in order to add his garage to his existing residential structure. Staff has reviewed the request which meets all subdivision rules and regulations and we recommend your approval. Dianna Madar, seconded by Steven Cooper, motioned to approve FP 2009-05 as proposed. The motion carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 11-9-2009 Presented by: Mike Curtis Agenda No. E.1 Subject: PW 2009-043 Approve Contract Amendment No. 1 to the Engineering Agreement with Kimley-Horn & Associates in an amount not to exceed $79,500.00 for the North Tarrant Parkway Project During the 2009/10 Budget Work Session this past summer, staff presented a budget revision for the North Tarrant Parkway Project. The primary purpose for this budget revision was to adjust the engineering contract to include additional design work that was not originally budgeted. Three (3) different circumstances occurred that caused the need to expand the scope of the engineering agreement. First, it was anticipated that very little right-of-way would be needed for the project. After the project was designed it was determined that more right-of--way was required than what was originally estimated. The second reason for the expanded scope is due to the extent of reconstruction needed on Smithfield Road to accommodate the Smithfield /North Tarrant Parkway intersection. Because the Smithfield pavement is to be elevated within the Special Flood Hazard Area, a flood study and FEMA review will be required. Then finally, when the project was de-federalized the portion of the project that TxDOT was going to be responsible for (Contract Specifications and Bidding Services) was now the responsibility of the City. The total budget revision was in the amount of $47,150. The breakdown of the items included in this revision is listed in Table 1, below. Table 1: Previous Budget Revision Item Description ROW (surveying) ROW (acquisition) TxDOT Direct Costs (NRH portion only) Flood Study (future) FEMA fees (future) Contract Specifications Bidding Services Total Item Cost $ 4, 500.00 $ 5,150.00 $ 7,700.00 $ 10,000.00 $ 4,800.00 $ 5,000.00 $ 10, 000.00 $ 47,150.00 The engineering design contract with the engineering consultant now needs to be amended to include the additional services presented during the summer. (The $5,150.00 identified for ROW (right-of-way) acquisition, the $7,700.00 identified for TxDOT Direct Costs and the $4,800.00 indicated as FEMA fees should not be attributed as engineering expense/service related costs.) Although the North Tarrant Parkway Project is a joint project with the City of Keller ("Keller"), the engineering design contract is with the City of North Richland Hills ("NRH") only. Because of the joint nature of the project, both the "Contract Specifications" and "Bidding Services" items shown above can be attributed to both cities while the other tasks are exclusively NRH's responsibility since this work falls within the City of North Richland Hills. This being the case, these two items are subject to partial (44%) reimbursement from Keller once the Interlocal Agreement has been amended. At this time, Kimley-Horn and Associates ("KHA") has submitted a contract amendment to address the additional tasks needed to complete design services for this project. The tasks and costs breakdowns are shown in Table 2, below. Table 2: KHA Engineering Design Contract Amendment (previously budgeted Items) Item Description ROW Parcels Flood Study Contract Specifications Bidding Services Total Item Cost $ 4, 500.00 $ 10,000.00 $ 5,000.00 $ 10,000.00 $ 29,500.00 The items shown above were included in the previous budget revision (Table 1). The difference in the budget revision ($47,150) and the items included in the contract amendment ($29,500) represents those costs that were not engineering related (i.e., ROW acquisition, TxDOT reimbursement, and FEMA review fees). There is however one other additional component that was not part of the budget revision and that is a Construction Phase Service. This task would provide support from the engineering consultant during construction. During the summer, staff had not anticipated the amount of time and work that would be involved during the Construction Phase for a project of this size. Because of the size of this project, staff is recommending that the contract amendment also include additional funding in an amount of $50,000 for Construction Phase services. The $50,000 figure for this item is a "not to exceed" number based on the consultant's previous experience on projects of this scale. Construction Phase services will include KHA's continued involvement through the life of the project, including a range of activities: site visits, clarifications and interpretations, shop drawings, inspections and test review, pay request verification and final acceptance. This task is for the NRH portion of the project only; Keller will be negotiating a separate agreement with KHA for their section of the project. This does not represent additional costs for the project since prior to de-federalization, the City was responsible for reimbursing TxDOT for these construction administration costs which were estimated at approximately 5% to 7% of the total project construction cost. Now, instead of these costs coming out of the Construction Phase, these costs will be moved to the Design Phase. This will increase the Design Phase by $50,000 and decrease the Construction Phase by $50,000. Including the Construction Phase Services to the contract amendment would change Table 2 above as shown below. Table 3: KHA Engineering Design Contract Amendment Item Description ROW Parcels Flood Study Contract Specifications Bidding Services Construction Services Total Item Cost $ 4,500.00 $ 10,000.00 $ 5, 000.00 $ 10,000.00 $ 50,000.00 $ 79, 500.00 In order to finalize the engineering design contract for the project, a budget transfer will be made to accommodate these construction services tasks. While the total project costs will not change, the Design Phase costs will increase by $50,000 and the Construction Phase costs will decrease by the same amount. The North Tarrant Parkway project is currently in the bidding phase, with a Bid Opening expected in mid-December. Construction is anticipated to begin in early 2010. Recommendation: To approve Contract Amendment No. 1 to the Engineering Agreement with Kimley-Horn & Associates in an amount not to exceed $79,500.00 for the North Tarrant Parkway Project. ~. _. _ ,. _._.. v i ' _. - _ --- - ..; , , - -- ~ ~ North Tarrant ~_ _ North' Tarrant Pkv~y Street Lmp. ~ ~ ~ ~ ~ Pkvvy- ~Dawis Blvd to Whitley Rd~ __; _ ~__~ -----, _ ^ _ - ~ ?~ Street Imp. _.. _. _. ~ I - -~ _ a _ ~ ~- ~ ~ Davis Byrd N i 7K'~ ~~ t~ Ul~h itley Rd~ ~- - _~ ~ ~ ~. `'~' `~.~~ N - ~' -- N ~ ~~ ~ --~ ~i ~ - 1 k .~..« '~- ._ y' pill {:~~1E8~. p. ..,.. . 1 ~ ~~R~' RICHLANI7 ~- ~ l.: __ HILLS Project Lora#ar Map ~ Kirniey-Horn ~~~ and Associates, Inc. Uctober 30, 2009 Ms. Caroline Waggoner, P.E., CFM City of North Richland Hills 5301 N.E. Loop 820 North Richland Hills, Texas 76180 Re: North Tarrant Parkway -Phase 2 -Contract Amendment No. 1 Additional Services for preparation of ROW Documents, Contract Documents, Construction Specifications, Flood Study for Little Bear Creek, and Bidding and Construction Phase Services KHA Na. 06 ] 092004 Dear Ms. Waggoner: Kimley-Horn and Associates,lnc. {"KHA" or "the Consultant") is pleased to submit this Amendment to our September 1, 2005 Agreement for us to perform Additional Services associated with the North Tarrant Parkway -Phase 2 project. This Amendment is in accordance with our discussions, and constitutes a proposal setting forth our proposed Scope of Services, Schedule, and Fee. Bath the Consultant and the Client ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. Project I,lnderstandipg The North Tarrant Parkway -Phase 2 project includes the expansion of the existing roadway to a b-lane divided boulevard between Whitley Rd. in Keller and a point approximately 750' west of Davis Blvd. in North Richland Hills. The contract's original scope of services developed in 2005 didn't anticipate the need for additional ROW descriptions. However, the property research and proposed roadway design identified the need for five (5}additional ROW descriptions. Since the project's funding was defederalized, the project no longer will be contracted by TxDOT and constructed using TxDOT technical specifications. Therefore, the original scope will need to be expanded to include construction contract document and technical specification preparation. Also, due to the extents of the proposed improvements to Smithfield Rd., the City would like for KHA to prepare a Flood Study for Little Bear Creek. SuDe 215 2201 West Royal lane kving, Texas 75063.3206 lEL 214 420 5600 FAX 21 4 420 5680 r /~ Kimley-Horn Ms. Caroline waggpner. P.F.., CFM, C1clober 30, 2009, Page 2 ~ and Associates, Inc, Additionally, the City has r~eyuested KHA to provide Bidding and Construction Phase services throughout construction of the project. KHA understands that vur role during construction will simply be to assist the Client in its construction contract administration of the project. Due to the somewhat uncertain scope and involvement required by the Client, KHA will provide Bidding and Construction Phase services on a reimbursable (hourly) basis. Our level of involvement wii[ be at the sole direction of the Client and our fees will be commensurate with our level of involvement. Scope of Services Task i -Preparation of Right-of--Way Documents Prepare five {5? right-of--way instruments {narrative and graphic exhibits ofright- of-way takes) and set new property corners in the field. Task 2 -Contract Documents and Construction 5pecificAtions Assemble Contract Documents and Construction Specifications Far bidding purposes. KHA will update and compile City-furnished Bidding, Contract, and Special Provisions documents. KHA will reference NCTCOG 4`f' Edition Standard Specifications for paving, drainage, and utility items, and prepare custom Technical Specifications for signals, landscape, hardscape, irrigation, and lighting. Task 3 -Flood Study KHA will perform a Flood Study of Little Bear Creek in order to prepare a Letter of Map Revision (LOMR) for the North Tarrant Parkway and Smithfield Rd. improvements that are located within tfie FEMA designated Zone AE. The study area for the LOMR will extend from approximately 500 feet upstream to approximately 300 feet downstream of the Smithfield Road culvert along little Bear Creek in the City aFNorth Richland Hills, Texas. The Smithfield Road culvert is located approximately boa feet from the intersection of Smithfield Road and North Tarrant Parkway. KHA will obtain the Digital Flood Insurance Rate Map {DFIRM) model from the Federal Emergency Management Agency (FEMA) for the study area_ KHA will prepare a Revised Existing Model by updating the efl'ecrive model with the topographic survey data that is obtained in Task 4. KHA will also prepare a Proposed Conditions Model which will reflect the North Tarrant Parkway and Smithfield Road improvements. These models will reflect FEMA's effective discharges and not fully-developed discharges. Preparation of an ultimate condition model with fully-developed discharges wil[ be considered Additional Services. A LOMB will be prepared and submitted to FEMA in accordance with FEMA's Hales and regulations. KHA will address up to two (2) rQUnds of comments from FEMA. KHA will provide one {1) copy of the LOMR to the Client. This Scope of Services does not include the FEMA permitting and review fees. C,~ ~ KimleyHom Mts. Caroline Waggoner, P.E.. CFM, (k~ober 30.2009, Page 3 ~ and Associates, Ir~c. Task 4 -Topographic Survey Perform a typographic survey of the North Tarrant Parkway and Smithfield Road improvements that are located within the FEMA designated Zone A£. The limits of the topographic survey will extend approximately 500 feet upstream and 300 feet downstream of the Smithfield Road culvert along Little Bear Creek. The survey will include approximately six (6) cross sections and a detailed survey of the Smithfield Raad culvert. This topographic survey will be used in the Proposed Conditions Model prepazed in Task 3_ Task 5 -Bidding Phase Services For Final Bid document submittal KHA will provide the Cities of North Richland Hills and Keller each, two (2) sets of construction plans (l l" x 17") and Project Manuals. Furnishing additional copies other than those described above will be considered Additions! Services. Prospective bidders will purchase bid sets directly from the printer and the printer will maintain and furnish to KHA a list of bidders to whom bid documents have been issued. KHA will prepare for and attend one (l) pre-bid meeting. KHA will issue addenda as appropriate to interpret, clarify, or expand the bidding documents and attend the bid opening. Once the bids have been opened, KHA will tabulate the bids and provide the Client with a written summary of the bidders and corresponding bids. Task 6 -Construction Contract Administration Provide Construction Contract Administration Services. Upon authorization from the Client, Consultant will provide professional construction phase services for the subject purpose of providing assistance to the Client during construction. These services may include: l . Provide the Contractor anti the Cities of North Richland Hills and Keller each, five {5) sets of 11" x 17"construction plans and Project Manuals. 2. Provide the Contractor and the Cities of North Richland Hills and Keller each, one { 1) set of Z2" x 34" construction plans. 3. Provide the Client seven (7) sets of Project Manuals for contract e?CeClltlOrl. 4. ~~-Construction Conference. Consultant will prepare for and conduct a Pre-Construction Conference prior to commencement of Work at the Site. 5. V's' o Site and Observation nstruction. Consultant will provide on-site construction observation services during the construction phase. Consultant will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Consultant are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similaz methods of general ~ Kimley-Horn Ms. Caroline Waggoner. P.E., CFM, Octoher 30, 201, Page a C ~ and Associates, Inc. observation of the Wark based on Consultant's exercise of professional judgment. Based on information obtained during such visits and such observations, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the Work. The purpose of Consultant's site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Docurnertts. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shalt KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with Iaws and regulations applicable to Contractors famishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 6. Recommendations with Respect to DFfective Wark. Consultant will recommend to Client that Contractor's work be disapproved and rejected white it is in progress if, on the basis of such observations, the Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. 7. Clarifications and [nteroretations. Consultant wi[I respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work Any orders authorizing variations from the Contract Documents will be made by Client. 8. Chance Orders. Consultant may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 9. Shop Drawings and Sams. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action wilt not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Kimley-Ham Ms. Cardme Waggoner, P.F„ CI~M. Oc-tob~x 30, 2009, Page 5 i~ . and Associates. Inc. ] 0. Substitutes and "or-e9ua1." Consultant will evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. l l . ]nspectio~ts and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. Consul#ant's review ofsuch certificates will be for the purpose of determining that the results certifed indica[e compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures ofsuch inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shop be entitled to rely on the results ofsuch tests and the facts being certified. 12. Disagreements between Client an~ Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor`s work. [n rendering such decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 13. Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will determine the amounts that Consultant recommends Contractor be paid. Such recommendations ofpayment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. ]n the case of unit price work, Consultant's recommendations ofpayment will include determinations of quantities and classifications ofContractors work, based on observations and measurements of quantities provided with pay requests. 8y recommending any payment, Consultant shall not thereby be deemed to have represented that its observations to check Contractors work have been exhaustive, extended to every aspect of Contractors work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Consultant in this Agreement. It will also not impose responsibility on Consultant to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that C ~ ^ Kimsey-Hom Ms. Cardine Waggoner, P L'., CTM, October 3U, 2W9, Page 6 ~ anti Associates, Inc. title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid. 14. Final Notice ofAcceptabili~ Qf the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. l 5. Limitation of Resyonsibiliries. Consultant shall not be responsible for the acts ar omissions of any Contractor, or of any of their subcontractors, suppliers, or ofany other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. 16. Record DraWInQS. Consultant will prepare project '`Record Drawings" based on information provided by the Contractor and/or Gity as to the actual feld placement of the work including any changes or deletions. Consultant is not responsible for the accuracy of the information provided by the Contractor and/or the City. Consultant will provide the following deliverables; • Three {3) sets of blaclcline (22" x 34") Record Drawings • fine (l) set of .pdf file (22" x 34") Record Drawings Schedule Task l -Preparation of Right-of--Way Documents -Scope of Services is complete. Task 2 -Contract Documents and Construction Specifications -Scope of Services is c~mplete~ Task 3 and Task 4 - We will begin the LOMR preparation and topographic survey once the construction improvements of North Tarrant Pazkway and Smithfield Road are complete. Task 5 - We will begin Bidding Phase Services upon completion of the design and construction plans. Task b -- We will begin Construction Phase Services after the construction contract has been awarded. ' ~ Kimley-Horn Ms. C'aruline 1YaElgcma', Y. L•'., CF'1rt, C)ctoUer 1Q, 20U+1, Yage 7 ~~ and Associates, Inc. Fee and Billing KI~A will perform ttie Scope ol~ Services in Tasks 1 -- 4 far a lump sum fcc of $19,500. All permitting, application, and similar project fees will be paid directly by the Client. KHA will provide the Scope of Sen~ices in 'T'asks 5 & G on a labor t'ce plus expense (reimbursable) basis. Labor fee will be billed according to the attached rate schedule, which is subject to annual adjustment. Direct reimbursable expanses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.l ~ times cost. An amount equal to six percent (6%) of the labor fees will be added to each invoice to cover certain other expenses such as in-house duplicatins, local mileage, telephone calls, facsimiles, and postage. Administrative time related to the project may be billed hourly. Technical use of computers for design, analysis, GIS, and graphics, etc. will be billed at $25.00 per hour. Al] permitting, application, and similar project fees will be paid directly by the Client. The reimbursable amow)ts above arc merely suggested budgets and are not to be construed as maximum fees. KHA will not perform any reimbursable services or exceed any budget amount without prior written approval of the Client. Lump Sum fees will be invoiced monthly based upon the percentage of services performed as of"the invoice date. Reimbursable fees will be i,~voiced monthly based on the actual amount of services performed and expenses incurred. Payment will be due within 25 days of your receipt of the invc-ice. Lump Sum Tasks: Task 1 -Preparation of Right-ot=Way Documents ~a,5a0 {complete) Task 2 -Contract Documents and Specifications $5,000 (complete) Task 3 -Letter of Map Revision $8,000 Task 4 - Topogaphic Survey .___ $2,Oa0 Subtotal (hump Sum} 519,540 Reimbursable (Hourly) Tasks: Task 5 •- Bidding Please Services $l0,aa0 Task 6 -Construction Contract Administration X50,000 Subtotal (Reimbursable) $64,040 TO`f~AL 579,500 Fees associated with "tasks I and 2 will be invoiced upon receipt of this executed Contract Amendment. ~ Kimley•Horn Ms. C'sroline Waggoner, P.F., Cr-M, [')cic~cr 3U, z0~, Page S G ~ ~ antl Associates, Inc. Closure All terms and cor-ditions shall be in accordance with the original contract dated Septe)nher 12, 2005. Please have authorised persons execute both copies of~this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and tunes stated are valid for sixty {60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, [~IIvILEY-I-TORN I~ND ASSOCIATES, INC. Texas Registered Engineering Firm 1'-928 ~~'/~ig~ By: G. Brad "Tribble, N. E:. Senior Vice President;'Project Manager Attachment -billing Rate Schedule K [J1C' k~•wh,r~K•~•:»21,u C,.n~ai Rw~~\T7.~mm,lnrn pl An rWma~nl ~~ Agreed to this day of , 2009. CITY OF NORTH R)lCHLAND HILLS, TEXAS A Municipality $y: (Print or Typc Namc and Title) (Email Address) ~~ __, Witness {T'rint or 't'ype Natne) Official Scal: ~~ Kimley-Flarn I~~ and Associates, Inc. Kimley-Horn and Associates, Inc. Standard Rate Schedule (Hourly Rate) Senior Professional I Senior Professional II Professional Analyst Designer Technical Support ClericaVAdminis~rative Support $ 180 - $220 S 155 - $200 $125-$ISS S 125 - $ 130 $85 - &150 $60 - $135 $6fl - $ 104 Effective January 1, 2009 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: JCates/LKoonce Council Meeting Date: 11-9-2009 Agenda No. F.1 Subject: PU 2009-038 Award Bid No. 09-044 for the Traffic Signalization at Holiday Lane/Chapman Road/Meadow Road Intersection to Independent Utility Construction in the Amount of $205,831.05 Council approved $285,000 for Traffic Signalization Improvements at Holiday Lane/Chapman Road/Meadow Road Intersection in the 2009/10 CIP Budget (ST0602). This project consists of installing a new traffic signal light for the intersections of Chapman Road/Holiday Lane/Meadow Road. In addition to the new traffic signal light a designated right turn lane for the Meadow Road approach onto Chapman Road will be included in this project. The traffic signal light along with the right turn lane will help to improve motorist's safety and decrease delay times during peak traffic hours. Notice of the Intent to Bid was advertised in the local newspaper, as required by State Statue and posted on the City Website. Seven (7) vendors were contacted and requested to participate in this process. Bid specifications were viewed on the City's website by eight (8) vendors. The following two (2) vendors submitted bids: f~~me ~f Budder ~r~p~sal Amount Cafcul~ted Propt~sal ~im~ur~t Signed Bid Pr~~~s~l Prop~s~1 Cu~r~nty En in~er`s Esiim~te $25~,~~~.7~ ir~de er~dent iltiiity ~~ns~u~;ti~r~ ~~.~~ ~20~,°3~.~5 Yes Yes aur~ble ~ eci~lties ~€l.~~l ~4~,~~1D.~~ Yes Yes The City received two bids on the original due date of October 8, 2009. Staff opted to delay the bid opening for one week in hopes to draw more contractors. The bid opening was rescheduled for October 15, 2009. Contractors were notified of the extended bid period; however the city still received only two bids. Because traffic signal light projects are specialized, it is not uncommon for cities to only receive two or three bid proposals. In reviewing previous signal projects for the City, staff has found that on most occasions the City only received two or three bids. Several months ago the City advertised for bid proposals for the new traffic signal lights that are being installed on Precinct Line Road and Davis Boulevard and Bursey Road and only two bid proposals were received for this much larger project. Staff and the City's consultant have reviewed the references and find that the low bidder, Independent Utility Construction has the experience required for this project. Independent Utility Construction has constructed several signal lights for a number of surrounding cities and their work has met specifications with an overall good quality of work. Recommendation: To award Bid No. 089-044 for the Traffic Signalization at Holiday Lane/Chapman Road/Meadow Road Intersection to Independent Utility Construction in the Amount of $205, 831.05. .. y; : ~ ; .street ~ S~~de~nralk Ca~~~. F'ro~$c~s ... .. p an# Praject.Tltle _ i~raJ~t Nurnkrer Pudic Works Signelization {Noi'tdaylGhapmanlM+~adaw) ST~6D~ Project Qos~ription This project consists of constructing traffic signals at tl~e intersection of Holiday & Chapman and Meadow ~ Chapman. An offset 2-way stop sign currently exists at this inters~tion. The project will also consist of reconstructing the Meadow intersection so that it +.would be v+tide enough for designated right antt left turn. lanes.. Also, to restripe the Holiday intersection to prouide the designated right and left tum lanes. The desir~n engineer will also study the feaslbllity of aligning Meadow with ', Holiday and eliminating the offset intersection. The additional rir~ht-of-~vay cast may cause this option to not be feasible. Project Justification The traffc counts vrarrant a traffic signs! at this intersac~on. The current trafl'tc counts show that 12,3~p vehicles per day travel through this intersection. Delay times are becoming significant at these ~ int+srsections during peak times. This project will signalize the intersection, making !t safer: and w!1! reduce delays to the motorist. Project SiNhe~#tai~ ~ .; = Be~;ipnin~~~ate ~ndl~g t3~t$ Professional Services EngineeringlOeslgn p~4l2QiJ6 OS/20Q8 LandiRtJtN Acquisition 1'l~2QQ7' 06120Q8 Construction 48I2Qfl8 €3512Qt~5 Other Total Project 04lZ{}f}B Ef~12fl09 utl~et w~sto, , ; r-~ina! budget ~ s~;~,a~v Project Cyst $ 395,t3t1{it impact ors pparating Budget Minimal operating impact is anticipated. ~ S'afr>tFcsrr~i yuv rugs build tjYfc>n 1~'laA.:li~naa•ty (~ttt~s I'~Ihlie 1~~4'carks C~per~ticaras ~r~artagcr 72(~C) ~~ L)ick l~isi7~;r 1~riv~ ~{trtla i~4.a1't!7 t~ IGlal4aa'tci i~lilks, ~l'fx£1:~i 7C 1 ~(} }~~ftrc:t~ac~:, ;: Itt~'~3 t}t)_()~~~,licali~ay i.~arl~lC'l~akarn.-~la•Itc,~a~~llvtc~4c}c~~~t ~~r~~c! C)e.~tt• i'~!lr. C~'ttttr5: . 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'1'Iais t•c~ccatr~ta~r~tark<aticata i~ k~aset# t}ia t;rt€a `~?():a,~s l.4)~ iaiti ~tt~rraiit~i{ Eay ~aatiia.~a~.i:at~~rat [.tility C:~:arastr•t;tc;fzc?ta, .i.rtc., it is <~Isca h~rse;ci ra;a vet-i.7~tl I'eG{)317t13~nE~'.:lti(ara5 1:i°taraa ~rcajt:.et: n~aattt~*tr~ ~%ith i:hc C:;ity ca!`A~lia~~xt~:an, (:it}~ ~:yt' ~ss:art 1~'~c`af~t.l~, .1;.a~}:;~c;aa C':anstt•tl~.tioaa, AG11 C'cant.rtlctc~rs, aiacl Mcil'~ialat}ta ~.'tlt~trtactita~7. All caI°wl~i;ka ~~v~;r;~ ~~:n~;rall~~ }~ltrttsc:c# with tlac> cat-~.1•~kk ciuttlity caf t~vc~rit., clt~ay nc.c:~~ss~ary Gh~ara~e:s, ccaaastrllctrata time;lilac;s. ~~1~ ~N~~~Ilcl LI;'+L Incle}~Irratlent l.ltility ~:;c.~t7stnacticat7, .Ins. it: tla~ i"i,~tt~rt'.. I'Ie~s~ I~t trl~ I;au~a•~f i~'tlact•~ iS ara~~lain~ c:.is~: tlatat ?7cau rac:e;d. ~'cnl raa~v ~"U~C.h Irae ~artytirnc: at A k t##%~~.}- inccre: ky, ~~R~II ~I' i^' Ar'A .;n~;in~;cr lts1Eat~astWr CITY OF NORTH R/CHLAND HILLS Department: Finance Presented by: JCates/LKoonce Council Meeting Date: 11-9-2009 Agenda No. F.2 Subject: PU 2009-042 Award Bid No. 10-006 for the Big Fossil Creek Sewer Line Project to Jackson Construction in the amount of $99,000 During the FY 2008/2009, Council approved $220,000 in the Utility Capital Projects budget for the relocation and replacement of a section of the Big Fossil Creek sanitary sewer line located inside Iron Horse Golf Course. The project is part of the FEMA Declaration for storm damages that occurred in Tarrant County during the storms of 2007. The City is eligible for reimbursement up to 75% for the cost of the project. The project will consist of removing and relocating 425 linear feet of 18 inch sanitary sewer line from the bottom of Big Fossil Creek and encasing 50 linear feet of sanitary sewer line in the streambed. During the 2007 storms, flooding occurred in the creek washing out the soil embedment around the sanitary sewer line, exposing the line to possible damages from future storms. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Fourteen (14) vendors were contacted and invited to participate in this bid process. Bid specifications were viewed on the City's Website by seven (7) vendors and eight (8) bids were received from the following: Jackson M-CO Construction Gin-Spen CPS Concrete Paver Construction $99,000.00 $118, 701.00 $114, 916.25 $120, 335.00 Canary Construction Atkins Brothers Rodgers Construction JT Dersner Inc. $130, 922.20 $143, 787.00 $143, 916.74 $191, 537.50 Based on the bid results Public Work staff recommends the low bidder, Jackson Construction to complete the construction activities associated with the Big Fossil Creek Sewer Line Project. Jackson Construction is the lowest bid at $99,000. Jackson Construction has performed work similar to this for the City in the past. They have met the City's specifications for work performed and their work was completed on schedule. Recommendation: To award Bid No. 10-006 for the Big Fossil Creek Sewer Line Project to Jackson Construction in the amount of $99,000. i ff ....~...a ~R~1t1f 1~ 11~~ ~R __-,~-. ._ _.. _. ~ ~~ ~t 1 " ! '~ 4 _.. t ._. f ..._ .. ~~ ~~ __ .. _., .,.. .... ~ r ,. `. .. ~~._ ..._ _ ~~~ ~ass~l Creek .. _ _.. Sev~ter Line ~~, .. ~e~acem+~nt a t.....,...._._ r4 ...............y ~~ ~.. 111111 ....--W.. .............. gY3'i. ~..•-.••_ 8:d ~!!! J)(( 1 ~~ ~/ ~~ ~~ (~.~~ ~~ ~ ~~~ ~ ~~~ r.<~ .:_ ,. r- ~ ~ _.., ...._.... .. ~'. ~ ~ _.. ~~ ~c8~~; ~" _ ~~~~ ~~ ~~~~~ ~~~~~ Project Locatr~r Map i~'roJect 1Des~cr~;rtipn This prajeet will consist of removing and relocating 42.5 linear feet of 78-inch diameter vitrified clay sanitary sewer line from the bottom of the Big l"ossil Creak stream bed within. Iran Horse Goif Course. The pro}act will else inolude ccncr+ste encasement far 5Q linear feet of sewer main, replacement of one ~~ j existing sanitary sewer manhole, and construction of three t3j new sanitary sewer manholes. P'raject Justl#lcatlan l~urinq the summer of 2607 severe storms and flooding occurred within the City.. Along Big Fossil Creek, through Iron Horse. Goif Course, flood waters caused washouts In the stream bed, exposing an 18-inch diameter sanitary sewer line in two locations. At the time, Public Wvrlc.s placed. concrete bags arour;d the exposed sanitary sewer line to temporarily stabilize ttze line: However, the ground around the sewer main continues ip erode, and if the main is not repaired, a Sewer main break is inewitsble. The storm damage that occurred in 2807 resulted in Tarrant County t7eing declared a Federal Disaster Area. As a result, the City was able to apply for and receive aid to help mitigate further damages to the sanitary sewer line under FEMA Declaration Na. FEMA-TX--lOR1'709. The funding for this project: was approved as a 75 percent (federal] / 25 percent {local] split- Funding for this project is lister! as "ether". The City will be res~aonsible far X85,000 of the construction and. engineering costs fvr #his pro}act which will paid for out. a# "Utility Reserves". The remaining X168,000 will be provided from the FEMA Hazard Mitigation Project funding. li~roject ~che'dr~te `: e~lnning-Dam: i Ending" pati~ Bi:td~,tHistory :. _,_ Professional Services Original Budget 2aD6-09 ~ 220,ti0a ErigineeringJDesign 08/20i:t9 11T2009 LandlROW Acquisition Construction 11 /2009 01120't 0 Other Total Project 08tZ009 01120'10 Total Project Cast ~ 22t1y000 CITY OF NORTH R/CHLAND HILLS Department: Support Services Presented by: TPowell/LKoonce Council Meeting Date: 11-9-2009 Agenda No. F.3 Subject: PU 2009-039 Approve the Purchase of a Frazer Ambulance from Knapp Chevrolet in the amount of $171,500 In the 2009/10 CIP budget, the City Council allocated funding to replace a 1999 Marque ambulance. Since the purchase of the Marque ambulance in 1999, ambulances built by Frazer, Ltd in Houston, Texas have been purchased for standardization. It is extremely important for the interior design and the location of emergency equipment and supplies to be the same on all ambulances. The Fire Department currently has three frontline Frazer ambulances and one reserve Frazer ambulance. The new ambulance will be the frontline unit at Station #3 and a 2002 year model Frazer will become a reserve unit. The City of North Richland Hills is a member of the Local Government Purchasing Cooperative (BuyBoard). The BuyBoard Quote #6169A in the amount of $171,500 was submitted by Frazer for a new 14' ambulance module built on a Chevrolet chassis. Frazer submitted the quote through Knapp Chevrolet their licensed franchise dealer. The quote is approximately 3 percent per year more than the Frazer ambulance purchased in 2008. In May 2009, City staff applied for an Environmental Protection Agency (EPA) Clean Diesel Grant to help offset the cost of the ambulance. The City of North Richland Hills was included as a co-applicant on a large grant application submitted by the North Central Texas Council of Governments (NCTCOG). The EPA approved the grant submitted by the NCTCOG in July 2009. The City has received notification from the NCTCOG of being awarded $61,250. The NCTCOG is currently working on the inter- local agreement which will be presented at a future City Council meeting. The total budgeted amount of $245,000 includes additional emergency equipment to be purchased separately during the time the new ambulance is being built. Frazer has scheduled a mid December delivery date. The funding source for this ambulance will be certificates of obligation to be issued in 2010 in the amount of $245,000. Council recently approved a reimbursement resolution which allows the City to proceed with the purchase and reimburse the purchase with C.O. Proceeds when issued. Recommendation: To approve the Purchase of a Frazer Ambulance from Knapp Chevrolet in the amount of $171, 500 ~cta~Iex ~7., ~~~~ ~ha~aS P'a'well II:I!irectar cif Fleet service pity of Narth Richland Hills Email.: tpowellC«~nrht~.ca~n~ ~uate #6t59-BuyBoard 1VIr. Po~~~ell, Below is itemized pricing fc~r one ~l} Fra.zer l~" Cieneratc~r Powered Module mounted on a Chevrolet ~~ diesel ChasSls. Item l - ~~-' Mad~tlar Body on .Additi©nal I~zry Chevrolet ~~~ :Du~ra~nax diesel chassis l3l ,i3.U~ Polished Options: Feat. shielding far diesel chassis $ l ,5€?t~•} Paint T~ I or T`y*pe III. l4" module and chassis single color ~i,5€~(1.U Onan diesel geueratar and. related compaxtn~ent modifications in lieu. of standard $ $,5+~!~.0 Furnish intercom e~uiprnent ~~ l) ~$ l ,50~ •i~ Electric door logs on module side and rear entry doors and front i~sidef c~t~tside comp. v~~th hidden. switch I,li}t1.C~l ~c~yager back. up camera end in-module camera with color LCD monitor in cab $ l ,?0.00 3M diamond. grade conspicuity tape in Chevron pattern. on rear of module u2cluding entry doors ~ x~tl•DO 3M diamond grade conspicuit~ t.ape an panel of e~teriox compartments- ~- 3fl0.00 I~ussrnau130 an~p auto eject. in lieu. of std. i ,f3C)0.0€~ 3M C~pticoni off door switch l ,7a0.0~? Buell dual. l4" c~ 12~ air horns with compressor l ,'71}O.Oi} 1.~ CFl-~i fast recovery cc~rnpressor in lieu cif standard ~~~. E(~~g siren ~~~ BI"?`00-(~ speakex and foot. switch ,.All products listed in the current Federal Signal. X008 Pra~duct Catalog, in 5eetion ~} ?'.,~gtS.Ot~ Calrinet aft of CPR seat can taller 1?° unit ar l~' unit 1,'~. Air Liquide electric oxygen system with digital monitor, includes axyg~n regulatax and cylinder changi~ig ~}ranch. $ l ~(lO,OI} Furnish and install t~Ta ~~~ SCB~A 1~rackets (note brand, minutes, pressure and bottle e Lighting modification fratn base ~~ ~~ $ 2,sQ0.OlJ ~i.g wag headlight flasher ~ 2~0.(~ Radio speakers iri modt.~le off chassis radio with volume control ~OO.D~D Ava1Qn Camas blade pouch below action wall. $ ~~~,~ EVS captain`s chair Frith bnilt-in child. safety seat ~ ~7{}~.p(} Engel. I4 qt. refrigerata~r w7ith I~OVAC` adapt+~r and hasp ~~0.00 high po~cter coated alurr~~tirn glove box holden end rail combit~atian at end of St'~ilad beach ~ ~50.(~ :Squad bench cabi~t with padding on the end ~ - 500.00 Farara~.edic ~?esign holder PD-iI above squad bench 500.00 ~~~ hold on exterior comp. in addition to std. beach} (x ~~ $ 500.00 Extra overhead Blab rail on a Type i or Type III 1 ~ `unit $ ? 75.00 Large aluminum neap holder beach} x 2) $ 350.00 I~istall miscellaneous equipment (~ 1} $ 500.00 high pounder coated alurninun~ "I~°- cylinder holder $ 15(3.00 3 high pouTder coated aluminum glo~~e box holder $ 150.00 additional 1 ~OVA~C quad outlet. $ 150.00 receptacle 1~~TI~+C outlet with medical diode isolator $ 15x.00 Stryker antler & bar (A11. products listed ui the current Stryker "List Price Baok~ in Section 2) fi29.Ot3 Extra oxygen. outlet $ 350.00 Extra sharps container and bracket $ 75.00 hear clock abo~•e rear doers in head knocker $ X00.00 L3npublished E~ptions: letting an insert between laydown fl~?' and front backboard co~upartn'ent ~ C50.00 base Price $ 1 ~ 1,000.00 Published Options $ 39,050.00 L3npublished E~ptions $ 650.00 Bay Board fee 500.00 Total. $ 171,500.Oa Per TIbi~CC we are quoting this through. our licensed franchise dealer, Knapp Chevrolet. CITY OF NORTH RICHLAND HILLS Department: Support Services Presented by: TPowell/LKoonce Council Meeting Date: 11-9-2009 Agenda No. F.4 Subject: PU 2009-040 Approve the Purchase of a KME Rescue Pumper Fire Engine to Gulf Coast Emergency Vehicles in the Amount of $564,742 and Amend the Fiscal Year 2009/2010 Capital Improvement Project Budget In the 2006/07 CIP budget, the City Council allocated funding to replace a 1987 fire engine. Bids were solicited and a purchase order was issued to American LaFrance in May 2007 for a new Rescue Pumper fire engine. Apre-construction meeting was held and the process was moving forward. On January 28, 2008, American LaFrance filed for Chapter 11 Bankruptcy protection and delayed the construction of the fire engine. In May 2009 it was apparent American LaFrance was not going to be able to deliver the fire engine and the purchase order was canceled. Prior to soliciting new quotes it was necessary to update the specifications to the 2009 National Fire Protection Association (NFPA) 1901 standards. The new standards mandated many safety features including yellow/red chevron striping on the rear of the apparatus and computer controlled black box technology similar to the airline industry. In discussions with fire apparatus manufacturers, staff determined there would be a cost increase for the new fire engine due to the NFPA 1901 mandated standards and an industry average annual cost increase of 3 percent. In May 2009, City staff applied for an Environmental Protection Agency (EPA) Clean Diesel Grant to help offset the cost of the fire engine. The City of North Richland Hills was included as a co-applicant on a large grant application submitted by the North Central Texas Council of Governments (NCTCOG). The EPA approved the grant submitted by the NCTCOG in July 2009. The City has received notification from the NCTCOG of being awarded $127,500. The NCTCOG is currently working on the inter- local agreement which will be presented at a future City Council meeting. Quotes were solicited from the major fire apparatus manufacturers for a new Rescue Pumper fire engine with a compressed air foam system (CAPS). Three fire apparatus manufacturers submitted quotes by means of either the BuyBoard or HGAC (Houston- Galveston Area Council). The manufacturers that did not submit a quote had various reasons. VENDOR Gulf Coast Martin Apparatus Inc Hall Custom Rescue Pumper $564,742.00 $509,744.00 $666,660.00 Make & Model KME Predator Pierce Velocity Ferrara MVP Delivery in calendar days 240-300 days 6 to 7 months 210-240 days The lowest quote from Martin Apparatus Inc did not meet the specification in several categories. The main component not meeting the specification was the requirement for a Hale CAFS-PRO compressed air foam system. The CAFS is one of the most costly and integral components of the Rescue Pumper. Staff evaluated the various CAFS available, talked with the manufacturers, and met with or talked with area fire departments currently using CAFS. The Hale CAFS-PRO was selected because it is factory integrated with the Hale Q-Max fire pump, it is easier to operate and flush, and parts are available through numerous distributors nation wide. All NRH fire apparatus are equipped with Hale fire pumps. The quote from Martin Apparatus included their own proprietary CAFS and the quotes from Gulf Coast and Hall both included the Hale CAFS-PRO. The quote from Gulf Coast was the best proposal meeting the specification in almost all categories. Although the quote from Gulf Coast is more than the original 2006 funding due to reasons previously stated, the difference can be made up once the City is reimbursed by the Clean Diesel Grant. The increased expenditures associated with the purchase of this apparatus and the award of the EPA grant make a budget amendment necessary for this project. The additional grant revenue allows the return of $51,865 in Reserves plus $17,954 in investment earnings from the Certificates of Obligation proceeds. This grant funding ($127,500) and the Certificates of Obligation issued in 2007 ($440,000) result in total available funding of $567,500. The expenditures for this apparatus are recommended to be amended to $567,500. The original budget was $509,819. A Capital Projects budget revision is attached. It will take 7 - 8 months to build the engine making receipt of the vehicle during the summer of 2010. Recommendation: To approve the Purchase of the KME Rescue Pumper to Gulf Coast Emergency Vehicles in the Amount of $564,724 and amend the 2009-10 Capital Improvement Project Budget. Major Capita[ Equipment Calpital Projects Fire Fngine Replacement {Unit 833) PSQ7D1 PROJECT DESCRIPTION &~ JUSTIFIC,ATION Purchase a new engine to replace Unit #933 and place i# in service as Engine 223 at Fire Statian #3. This new (replacement) engine is induded in the Fire Department's Apparatus Replacement Schedule. The new engine will replace a 4987 model Emergency One engine. (Unit #933) that has been in service for 20 years. This engine has over 125,000 miles on it with the engine hours exceeding 6,900 hours. Unit #933 no longer meets the cun'ent fire apparatus safety standards relating to firefighter riding positions. This unit will be sold at auction. PROJECT STATUS Original 2009f2010 Original 2t309f2010 Start Date Revision. En .Date Revision Engineering. 1012006 1112009 1112006 12/2009 Construction 1212006 1!2010 0912010 09/2010 REVISION EXPLANATION In the 700612007 CIP Budget, City Council authorised funding to replace Fire Engine #1933. A canti-act was awarded to America l.aFrance in May 2007. American La France filed for Chapter 11 Bankruptcy in January 2008. After repeated delay; in the canstructiorr it was determined in May 2009 that American LaFrance would be unable to deliver the fire engine. When the project was rebid, three fire apparatus manufacturers submitEed quotes. Gulf Caast was awarded the contact at a cost of $564,742. In 2009, North Richtand Hills was a co-applicant on an EPA grant application filed by NCTCOG. The grant was approved by the EPA and North Richtand Hills was notified that it had been awarded $127,500tawards the replacement cast of this fire apparatus. The grant. furtiding alla~vs the return of $51,865 Reserves plus $17,954 in Investment earnings from the Certificates of Obligation proceeds. The total estimated project expenditures were increased to match the available funding of $567,500. FINANCIAL. DATA IMPACT ON OPERATING BUDGET AnnualO eratin Irrt act 2009/2010 2010!2011 2011/2012 2012/2013 2013!2014 Total ro'ected $0 $Q $0 $0 $0 $0 2i~09f2t?10 2009!2010 Total Funding Source. Amount #0 2009!2010 Propos~t Revised Remaining Project Date Ado ted Revision Bud et Balance Cast Prior Funding Allocations: Certificates of Obligation $440,400 $0 $€J $0 $0 $440,000 Reserves 51,865 0 451,865' (51,$65} D 0 Other 17;954 0 417,35d} (17,954) Q 0 Proposed Funding Allocations: Grants 0 0 127,50q 127,500 0 127,500 Total $509,.819 ~0 $57,681 $57 681 $0 $.567 500 Project Expenditures Other 0 509,81.9 ' S7,~81 567,500 0 567,500 Total $0 5509,819 7 681 ' $567.500 $0 $567.500 CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 11-9-2009 Agenda No. F.5 Subject: PU 2009-041 Approve the trade in of City-owned pistols towards the purchase of new Glock pistols and related equipment from GT Distributors Over the 2008/2009 budget year, a study was conducted regarding the type of pistols used by Police Department personnel. The study concluded with a recommendation to transition all sworn officers of the Police Department, Municipal Court and Fire Department to the new Glock service pistol. Despite the considerable costs represented by such a transition, the Police Department has negotiated an agreement with G.T. Distributors, Austin, Texas through the Local Government Purchasing Cooperative. The Local Government Purchasing Cooperative (BuyBoard) has a contract in place for Public Safety items that include the new Glock service pistols being acquired through this transaction. 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. The Department currently maintains a significant inventory of pistols. G.T. Distributors has submitted an offer to purchase our entire inventory of pistols for $86,195.00. These funds will be received in the form of credit to be applied towards the $86,195.00 purchase of 138 new Glock pistols and all associated equipment to accommodate this transition. This includes such items as holsters, magazine pouches and related training equipment. The vendor has offered the opportunity to our Officers to purchase their individually-issued duty weapon at an equivalent rate that the City received in credit plus a small processing fee. While current projections indicate this transition may be accomplished with no expenditure to the Department, the cost of acquired equipment will exceed the $50,000 threshold necessitating Council approval. Recommendation: To approve the trade in of City-owned pistols towards the purchase of new Glock pistols and related equipment from GT Distributors. t~uota ' QTE0032278 Date IO127I2009 Pa e: 1 Bill To: North Richland Hills Attn. Purchasing Division P 4 Box 820009 North Richland Hills TX 76182: CT Distributors -Austin P.4. Sax 16080 Aus#in TX 78761 (512) 457-82'38 Ship Ta: North Richland Hills Attn: Purchasing Division P O Box 820609 North Richland Hills TX 76182 Ptarchase order No. Customs( (S S~leS ersal~ © Si1'i In l~iett~od P~ nt e~rms' Re slit ~~te ester Na, NRHSAFGLOCKS 200 001656 DH NET 1 5 4/414400 549;.313 Duanti Item Nurnbe~r Descri tion UflNI Unit Price Ext. Price 68 SAF-6378-83-411-225' Safariland-6378-Gluck 17-22-STX-Rh-2.25" Be EA $33.48 $2,276.64 Holster 64 SAF-6378-283-4'11' Safariland-ALS Paddle Holster-clock 23-Plain- EA $33.48 $2,008.8© 41 SAF-6360-83-61 Safariland ALS Level II Holster GIk17-22 Pi f31is EA $96.02 $3,936.82 34 SAP-6360-832-61 Safariland ALS L2 Hlstr M3 Glk 17 22 RH EA $144.06 $3,538.44 39 SAP-6360-283-81 Safariland-ALS Level ii Holster-Gluck 23-BW•F EA $96.42 $3,744.78 i9 SAF•6364-2832Y61 Safariland 636(1 Holster W,=Light G23 PlnBlk RI EA $104.46 $1,977.14 3 SAF-6360-83-731 Safariland ALS Level l1 Holster Glk 17-22 STX EA $68.74 $206.10 17 5AF-6364-832-131 Safariland 6360 Gluck W M6 Light RH STX Tai EA $76.74 $1,344.58 2 SAF-6364-283-131 Safariland 6364 Holster G19, 23 STX RH EA $68.70 $137.44 3 SAF-6360-2832-61 Safariland 6360 Holster Wr'Ligltt G23 PlnBlk RE EA 576.74 $230.22 20 SAF-6444-14-2' Safariland-Sri~ali Leg Shroud-1 Elastic: Strap-S IWA 532.46 $641.24 24 SAF-6444-DFA Safariland 6444 Drop Flex Adapter EA $7.31 $146.24 67 SAF-77-83-2HS Safariland Double Magazine Pouch EA $24.24 $1,624.08 Gluckl7?22. Plain Black. Hidrie~ 53 SAF-77-283-2WS Safariland-clock 19,23-Hidden Snap-PlBl EA $24.24 $1,434.16 Dos~ble tvlag Pouch '125 SAF-573-383-121 Safariland Cuff & Mag Paddle Gumbo EA $24.64 $3,480.417 4 SAF-4114-24-4BL' Safariland-Nyfok. Double Mag Holder-Sig 229-2 EA $24.25 $81.44 8 SAF-4114-76-4BL Safariland-Double Mag Pouch-clock 22-Nyfok F_A 520.25 $162.04 B o°"' Biil To: GT Distributors -Austin P.O. Box 1608Q Austin TX 78761 (512) 451-8298 Sf-tip To: Quote QTE0032278 Date 10.27.!2(}09 Pa ~. 2 North Richland Hills North Richland Hilts Attn: Purchasinrt Division Attn: Purchasing Division P ~ Box 824bt79 P Q Box 8213609 North Richland Hills TX 76182 North Richland Hills TX 78182 Purchase Order No Customer lD Sales error' ID Shi in 1!~ethod Pa m eat Terms R e Shi Date Itllaster Na. NRHSAFGLOCKS 200 DD t 655 DH NET 1 5 0 ;`Oi0000 548,313 nuanti Item Number D~scr'i tiort UC3M Unit Price Ext. Price. 90 ASP-07302 ASP-Training Red Gun-Clack 9mm-.40 EA $33.49 $334.90 10 ASP-07311 Asp Training Red Gun Clack Compact EA X33.49 $334.90 95 511-59145-330 Clock 17 22 31 Training Barrels YellawCantra~ EA $11.25 X158.75 15 511-59147-330 Clock 19 23 32 Training Barrels Yella~r~`Canira; EA $19.25 $168.75 20 ITI-LT3-LKD1JP-0801 Insight Technology XTl Procyon Light EA X134.99 $2,699.80 1 BUYBt3ARD Bach $0.40 $0.00 Quotation reflects 8uybaard Contract 284-08 Your purchase order must be faxed directly to BuyBaard to receive pricing. Fax:1-800- 211-5454 72 CLOCK-PN22507 Clock-22-.40 with Clack night sights-51b. EA 5409.00 $29,448.00 62 CLOCK-PN23507 Clack-23-.44 with Clack Night Sights-51b. EA X409.44 $25,358.00 4 GLC3CK-PN27507 Clock-Nadel 27-.40 Cal-Clack Night Sights-5 If 1vA X409.00 $1.635.00 1 N©TES Notes EA $4.44 $0.00 Department will order prior to 1 i 9 i 10, They want Gen IV weapons will need to update prior to order At! returns must be authorized by GT Distributors. Interest charges on past '86.674.26 due invoices at the maximum rate allowed by law. 0.00 $0'00 David Hanks i $0.00 Total $86,674.26 >Quote QTE0034364 Date 10/27i2Q09 Pa e: 1 Gilt To' GT ©istributors -Austin P.4. Box 16080 Austin TX 78761 {512} 451-8298 Ship To: North Richland Hills North Richland Hills Attn: Purchasing Division Attn: Purchasing Division P O Box 820609 P CJ Box 820609 North Richland Hills TX 761.82 North Richland Hills TX 75182 Prarchase'Qrder No. Customer tD Sales arson ID Shl in 1V[ethad' Pa m eat Terms Re Shi Date Ntaster hla' WEAPON T RADE 001655 DN NET 1 5 0'0.0000 574,066 L~uanti Item Number Descri `tiara U4M Unit Brice Ex#. Price 1 UG-ASSORTIuIENT Each $86,.195.00 $86,195.00 Used Department Weapon trade in as listed an Excell spreadsheet W eaponsN RH04 i 409hanksdone 1 STORE CREDIT ON TF Each $86,195AQ) ($86.195.OOj Trade value based on per item eveapon listed by ser# Alt returns must be authorized by GT Distributors. Interest charges on past ~ t 0.00 . due invoices at the maximum rate allowed' by taw. 0.00 $0.00 David Hanks i ht $0.00 Total $0.00 CITY OF NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 11-09-2009 Agenda No. F.6 Subject: GN 2009-085 Approve an Economic Development Agreement with Prestige Ameritech, L.T.D. for 7201 Iron Horse Boulevard Pursuant to Chapter 380 of the Texas Local Government Code, City Council is requested to authorize the City Manager to execute an agreement between the City of North Richland Hills and Prestige Ameritech, L.T.D. regarding the occupancy of 7201 Iron Horse. Background Tecnol, a former North Richland Hills company, made 87% of America's surgical face masks when it was purchased by Kimberly-Clark in 1997. Kimberly-Clark gradually moved manufacturing and about one-thousand North Richland Hills jobs to Mexico. Dan Reese, former president of the Tecnol Technologies Group of Tecnol Medical Products, Inc. is now president and CEO of Prestige Ameritech out of Richland Hills, TX. Recent threats of a global pandemic and a domestic shortage is further exacerbated by the fact that 90% of surgical masks used in the US are made elsewhere. Because of this, Prestige Ameritech has quickly become the largest domestic manufacturer and is rapidly growing to meet the pent up demand. To meet current demands and future growth, Prestige Ameritech identified 7201 Iron Horse along with 6 other properties for possible relocation. In order to `win over' their business, City staff proposed various incentives to ease the financial burden and costs associated with their relocation. As such, Prestige Ameritech, L.T.D. has agreed to locate within and partner with the City of North Richland Hills. Conditions of the agreement are as follows: Prestige Ameritech • Occupy 7201 Iron Horse by January 31, 2010 • Remain at 7201 Iron Horse for a period of 10 years • Employ 400 plus employees by 2015 • Remain compliant with laws prohibiting employment of undocumented workers City of North Richland Hills • Rebate 75% of the real and business personal property tax increment for 10 years • Rebate 25% of the General Fund sales tax generated at 7201 Iron Horse for 5 years • Waive 100% of City fees for 365 days upon date of executed lease agreement At Prestige Ameritech's request the City also agrees to create an Industrial Development Corporation to support their pursuit of an Industrial Development Bond in order to potentially purchase 7201 Iron Horse. Recommendation: Authorize the City Manager to Execute an Agreement between the City of North Richland Hills and Prestige Ameritech, L.T.D. ECONOMIC DEVELOPMENT AGREEMENT The parties to this Agreement are the City of North Richland Hills ("City") and Prestige Ameritech. L.T.D. ("Grantee"). The purpose of this Agreement is to establish the terms of a program under Chapter 380, Texas Local Government Code under which City will, in order to promote local economic development and stimulate business and commercial activity in the municipality, rebate to the Grantee a portion of the ad valorem property tax, a portion of the local sales tax while waiving certain fees payable for development by Grantee on property described as Lot 5R1A, Block 1, NRH Industrial Park Addition to the City of North Richland Hills, Tarrant County, Texas and also known as 7201 Iron Horse Blvd, North Richland Hills, Texas. WITNESSETH Definitions: "Business personal property tax" means the amount of business personal property taxes paid by Grantee each year to City on business personal property located at 7201 Iron Horse. "Incremental ad valorem property tax" means the increase in ad valorem real property taxes and business personal property taxes for the property at 7201 Iron Horse paid by Grantee to the city over that currently annually payable to City (see schedule A). For and in consideration of the mutual undertakings and conditioned as hereinafter set forth, the parties agree as follows: 1. City agrees to rebate to Grantee 75% of the incremental ad valorem property taxes during the first 10 years of tax levy and collection. City further agrees to rebate 25% of the 1 % general sales tax paid to City through the state by the business located 7201 Iron Horse during the first 60 months of business activity. Such rebates shall be payable within 30 days after proof is submitted by Grantee of payment of such taxes on an annual basis. City further agrees to forego 100% of the development related fees related to the occupancy of 7201 Iron Horse for 365 days upon date of executed lease agreement between owner of 7201 Iron Horse and Prestige Ameritech, L.P.. 2. Grantee agrees to occupy over 200,000 square feet of commercial space at 7201 Iron Horse, be open for business by January 31, 2010, remain in business at 7201 Iron Horse for at least 10 years, employ at least 400 individuals at this location by year 2015 and pay all taxes on such property as they come due. Should Grantee fail to meet these conditions, this Grant shall terminate and no further payments shall be payable by City to Grantee. 3. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States mail, certified mail with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing: City: City Manager 7301 N.E. Loop 820 North Richland Hills, Tx 76180 with a copy to: George A. Staples, Esq. TAYLOR, OLSON, ADKINS, SRALLA 8c ELAM, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 Phone: 817/332-2580 Grantee: Dan Reese President, Digital Interstate Management, Inc., General Partner of Prestige Ameritech Ltd. 7201 Iron Horse, North Richland Hills, 76180 4. Regardless of the actual drafter(s) of this Agreement, this Agreement shall, in the event of a dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. 5. This Agreement is made and shall be construed under the laws of the State of Texas, and venue shall lie in Tarrant County, Texas. 6. This Agreement may only be amended, altered or revoked by written instrument signed by City and Grantee. There are no other Agreements between the parties hereto. 7. Grantee shall have the option to assign the terms of this agreement to a new entity in the surgical mask manufacturing business and related consumer products provided that the assignee purchases substantially all of the assets of grantee/assignor and shall continue to comply with all terms of the agreement. 8. As required by Texas law, this grant is conditioned upon the compliance by Grantee with laws prohibiting employment of undocumented workers. Should the Grantee employ a non citizen who lacks legal authority to work in this country during the five years immediately following the payment of the grant which is the subject of this agreement, such grant shall be deemed forfeited and shall be immediately repaid City. 9. Should Grantee fail to meet all the obligations set forth in this agreement, Grantee agrees to rebate to City that percentage shown on Schedule B hereof of all rebates and fees granted by City to the date of Grantee's failure to meet such obligations. This Agreement is made and entered into this day of November, 2009, at North Richland Hills, Tarrant County, Texas. By: By: Prestige Ameritech Ltd. By: Digital Interstate Management, Inc., General Partner Dan Reese President City of North Richland Hills Mark Hindman City Manager Approved as to form and legality for City: George Staples, Attorney ~a~lin+~ ~4s~ess~~~f ~''~lu~s ~t ~l~~D'I Ir~r~ H~r~ B~s+~E~r~+~ ~~~r R~~I !Pr€rp~r~t~ ~~sit~e~s ~~r~ra~t€~t Rr~~~rty ~~h~d~~l~ ~f I~~e~~~~s Y~~r ~~~€I Pr~-p+~r A~~~~~~a~nt'~e~ ~~~~s~rn~~t Y~~r ~~^ ~~1 ~~~'~' 3 ~~ ~ s ~G~ 1 ~G'~ ~~~!r ~~7 ~~~~ T~ ~~ R~t~ai~~~ ~~~~ ~~rr~'r~~:~r ~al~~d~~'~~~r Ts~ +~it 1' :~t91 C~ 1 F~C~G~ ~; ~d~ ~ 1 ~'~~. E ~''e ~ ~i ~~ ~ ~ t1C~ ~~ q .q~ ~ a ~ y 1'~i~~~ i qq r y~ ~~ ~ ~ ~~~ ~ ~ ~' ~ ~~ u` q, e ~ W1S. d ~ s ~`Y~l9G CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 11-9-2009 Presented by: Mark Mills Agenda No. F.7 Subject: GN 2009-083 Cast Ballot for Tarrant Appraisal District Board of Directors - Resolution No. 2009-035 In September of this year the Tarrant Appraisal District (TAD) notified all affected taxing entities that the term of service (two years) of the five-member Board of Directors will expire on December 31, 2009. Each entity was provided the opportunity to make one nomination for each of the five positions to be filled, though no nomination was required. At the October 12, 2009 work session, staff made a presentation to Council regarding these nominations and Council consensus was to not make a nomination. The official ballot for nominees to serve as directors of the five-member board was received and distributed to Council in an Informal Report on October 30, 2009. North Richland Hills has been allocated 41 votes which may be cast collectively or separately for any nominee(s) on the official ballot. Votes cast for persons not listed on the ballot will not be considered. A complete list of nominees on the official ballot is as follows: • Mr. John Austin • Mr. Tommy Brown • Mr. John Fegan • Mr. Michael Glaspie • Mr. Gaspare LaDuca • Mr. John Molyneaux • Mr. Joe Potthoff Background information was received for all candidates except Mr. LaDuca. A representative from TAD indicated they had not yet received his information. The available information has been provided as attachments. It should be noted that the Mr. Brown nominated by Tarrant County is former North Richland Hills Mayor Tommy Brown. The City has received a letter from Mr. John Fegan requesting North Richland Hills' support. In addition, Mayor David Kelly of Colleyville also provided a letter requesting support for Mr. Fegan. The attached resolution will cast 41 votes for the nominee(s) chosen by the City Council. Those nominees receiving the greatest number of votes will be elected to the TAD Board of Directors for atwo-year term, beginning January 1, 2010. Attached is a letter from TAD concerning the casting of votes, a copy of the official ballot, a list of current board members, a list of nominees, the number of votes for each entity, and information for each of the nominees that was attainable from the TAD. Recommendation: Approve Resolution 2009-035 N frZH RESOLUTION NO. 2009-035 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City's 41 votes be cast for the following nominee(s) to serve as a member of the Tarrant Appraisal District Board of Directors during the two year term beginning January 1, 2010: votes for votes for votes for votes for votes for PASSED AND APPROVED this the 9th day of November, 2009. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director TARRANT APPRAISAL DfSTRfGT 2500 Handley-EderviDa }load • fort Warth, Texas 76118.6909 • (817) 26d-0024 October 16, 2009 Mr. Larry Cunningham City Manager City of N. Richland Hills Y. O. Box 820609 N. Richland Hills, Texas 7&180 Dear Mr. Cunningham: Jeff l.aw Executive yireGar Ohle1 ppjlmi&W The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2009. The deadline for nominations has .passed. Enclosed is a list of nominees .for these five (5}positions gad an official ballot. The Property Tax Code requires that votes be in an open meeting by resolution. All votes may be cast. for one candidate or distributed among any numbex of candidates listed on the official ballot. There is NO provision for write in candidates, dotes cast for someone other than the candidates listed on the ballot cannot be counted. 'The deadl.u~e far voting is December 14, 2009. You may. mail the ballot/resolution or fax to {817) 595-b198. The five (5) candidates receiving the most votes are elected to a two {2j year term beginning January 1, 201.0. 2009. All tax units will be notified of the results of the election before Deeernber 31, Sincerely, Jeff Law Executive Director Chief Appraiser JL:mm Encl. QFF~C~AL gllLLt~-T ELECTIQN ~F MEMBERS CIF T~iE BaARd ~F THE TARR.A-NT QRPR,AISAL DISTRICT We, the governing body of City of North Richland Hills .having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast ~~. votes collectiveky or separately for the following nominees for the Board of Tarrant Appraisal District: Mr. Jim Austin. Nir. Tommy brown Mr. John began Mr. Michael Glaspie Mr. Gaspare t.aDuca Mc. John ly~iyneaux Mr. Joe Potthoff do hereby resolve and order Chet City of North Richland Hills cast and does hereby cast Its votes as folkows. votes for votes for votes far votes far votes for Passed this day of , 2049 ATTEST -- Presiding Officer Secretary ar Clerk, City of North Richland Hills IMPORTAI~fT: This ballot should be returned by December 15, 2049 to Jeff Law, Chief Appraiser, Tarrant Appraisal District, 2504 Handley-Ederville Rd,, frost Worth, Texas, 7b118 Board of Directors Tarrant Appraisal District 240.8-2009 Jae Patthoff, Chairman John Clanton, Secretary Jahn Eubanks, Member Michael Glaspie, Member John Molyneaux, Member Betsy Price, Nan-Voting Member Nomin~~ions .far Saard a~' I}ireetars 2010 -- 2011, Term. Mr. Jiro Austin. fir. Tommy Brown. ~.r. Jahn Fegan Mr. Michael ~laspie Tarrant Cau~lty Tarrant County. City of Coleyville Ariin~ton I.S.D, Kennedale I.S.D. Cifiy of A1•lin~;tan Tart-a,n.t County Mr. Gaspare LaDuca Mr. Jahn 1~olyneaux N.Cr. Joe P'atthoff Town of Lakeside Fort Worth .I.S.D. K.cnnedale I.S.D, City of Fort Worth Tarrant County Kennedal.e I.S.D. City of A~rlir~~t~n City of Fart Worth Tarrant County TARRANT APPRAISAL DISTRICT :2409 CALCt11.ATIgN Ol~ ?A~.XIMG ENTCTY VQTES ~tJR BOARD OF DIRECTORS 'Per Section fi~tl3 (dj of Texas Property Tax Code .' Based an Septe~mber,,Zflt18"Caxes Imposed zoos TAXES % OF .24Q9 School Districts; IMPOSED TC3TAt. V01T1 S_ Aledo .$ 1,437,028 0.05405% 3 Arlington .~ .264,828,364 9.96082%° 498 Azle ~ 15,495,268 0.58281 °!° 29 Birdvilis $ 103,721,947 3..94123°/a 195 Burleson $ 16,454,561 0,61890% 31 Carroll ~ 7fi,191,078 2.86573°l° 143 Castleberry ~ 5,848,370 0.21990% 11 Growiey ~ 69,889,687 2.62795% 131 Eagle Mour~tair-1Saginauv ~ 88,8©6,889 3.34424% 167 Everman $ 13,608,247 0.51184% 26 !"ort Vltgrth $ 319,871,361 12.02360% 601 Godly ~ 805,146 0.02276°fo 1 Grapevine/Colleyvikle $ 138,114,381 5.11959% 25B Hurst/Euless/Bedford ~ 110,991,589 4,17466% 209 Keller ~ 14$,420,402 5,68244% 279 Kennedale $ 13,9?3,547 0.52558% 26 Lake Wgrth $ 11.,981,861 0.45067% 23 Lewisville $ 1,871,891 0.07041% 4 Mansfield ~ 120,593,333 4.53580% 227 Ngrthwest $ 54,890,888 2,0645$°/a 103 1Nhite Settlement ~ 211367,071 0.80 7°° TOTAL SCH©~LS ~ 1,598,?40,909 80.05?220 3,003 Cities: Arlington $ 119,286,611 4.48590% 224 Azle ~ 3,485,993 0.13112% 7 Bedford $ 13,558,185 0.51146°J° 26 Benbrggk $ 9,77fi,812 0.36773% ~ 18 Blue Mound $ 478,979 0.01802% 1 8urieson ~ 3,288,~i31 0.12369°I° 6 Colleyvllie ~ 12,947,'155 OA$69?°i° .24 Crowley $ 4;005,873 0.1506?% 8 Dakwgrthingtvn Gardens ~ 793,581 0.02985% 1 Edgecliff lfillage $ 563,459 0.02119°~ "! Euless $ "(2,965,098 0.48765°I° 24 'Everman .~ 1,223,898 0.04603% 2 I`kower Mound $ 614,480 0.02811% 1 f=orest Hill $ 3,989,155 0,15004°!° 8 f=art Worth $ 347,999,333 13.08908% 654 Grand Prairie ~ 32,792,392 1.23340%° 82 Grapevine $ 2'1,834,304 0.82124% 41 Haltom City $ 10,097,589 0.37979°I° 19 Haslet $ 1,449,135 0.05451 % 3 Hurst $ '12,6$6,648 0.47717°I° 24 Keller ~ '16,726,999 0.62914°I° 31 Kennedele $ 3,548,753 0.13348% 7 Lakeside ~ 309,549 0:01164°~ 1 Laike Worth $ 1,348,89? O.D5074°k 3 Mansfiield ~ 28,207,629 1.CJ6096% 53 North Richland Hills $ 21,696,Q54 0.81604°% 41 Pantega $ 966,960 0.03637% 2 Pelican Bay $ 222,957 0.00839% 0 Reno $ 31,826 0.00120% 0 Richland Hills $ 2,044,42$ 0.07690% 4 River Daks $ 1,869,589 0.07032% 4 Roanoke $ 3b3,133 0.01328% '1 Saginaw $ 5,257,056 0.19773% 10 Sansom Park .$ 604,046 0.02272% 1 Southtake $ .24,522,254 0.92234% 46 Trophy Club $ 37fl,414 0.01393°~ '1 Watauga $ 6,078,991 0.22865°/fl 11 Westober Hi1is $ '1,579,213 0.05940% 3 Westworth Village. $ 722,534 0.02718°/fl 1 White Settiernent $ 3,555,048 0.13371%°/a ? TOTAL CITIES $ 733,873,441 27.60272% 13'8fl Other* Tarrant County $ 328=085,014 1,,,,,~,,~4QQf~~ 617 TJ7AL OTHER $ 328,085,014 12.34006% 617 TCTALALL .' ~~s~3~ ~0©.Ot!% ~5,fl......~~~ * This excludes the hospital district, regional water district, college district, emergency services district,. and utility districts per section 6.03, paragrapiZS {e} {1) through (3} of the Texas Property Tax Cade James N. Austin, Jr. James "Jima N. Austin, Jr., has shown that he is committed to community. service by sharing his time and. resources to help others. In 1991 he co-founded the Renaissance Cultural Center, anon-profit 501(c}(3} organization in Fort Worth, Texas. The mission of the center is to provide cultural and educational programs that promote pride, encourage- cultura! diversity and promote higher education in youth. He has taken the lead in raising funds for the center's scholarship program that awards scholarships to Tarrant County high school seniors annually. This program began in June of 1995. A cumulative to#al of $354,500 in scholarships has been awarded- to 205 Tarrant County students over the past thirteen (13} years, because of Jim's dedication to the center's scholarship program. The scholarships are presented each year in June. at Renaissance Cultural Center's annual Dr. Marion J. Brooks Living Legend Award and Scholarship Banquet. He and his wife, Gloria Reed Austin, founded the National Multicultural Wes#ern Heritage Museum (formerly National Cowboys of Color Museum and Hall of Fame} in February 2001. The museum highlights the relatively unknown history of the contributions of minorities to the settling of the western United States. Mr. Austin serves on various boards throughout the city and country such as Tarrant County 9-1-'! District Board, Martin Luther King, Jr. Holiday Committee, Workforce Solutions, Trinity Terrace, and the American Paint Horse Foundation. He is a tenured member of the Downtown Fort Worth lntemational Rotary Club, Citizens Crime Commission, and Kappa Alpha Psi Fratemlty. Some of the awards and recognition he has received are Quest for Success -Dallas Morning News; YMCA, Fort Worth, Texas; Texas Association of Real Estate Brokers, Inc.; Greater Fort Worth Area Negro Business & Professional Women's Club; Kappa Alpha Psi Fraternity, Inc. - Metroplex Black Image Award; and the National Realtors Association Good Neighbor Award. Past board afFliations include Hospital, Boys & Girls Club, Big Brothers & Big Sisters, Tarrant County 9-1-1 and North Texas Public Broadcasting, Inc.., to name a few. He is married to Gloria Reed Austin, Executive pirector of Renaissance Cultural Center and Co-Founder and Executive Director of the National Multicultural Western Heritage Museum. Snb,~ect: Resume otTommy Brown May 1, 2009 Tammy Brawn 601'1 Club House Drive North Richland Hilb Tz. Sl"1- 581- 6351 Lifelaeg resident of Tarraet Ceuniy and SO year resident of Nord Richland Hills having attceded scioels in For# Worts aed iokl s Bachelor's. dcS,r+ee from Tezas Weskyae College. Served in Tie U3 Air Force frt-u` 1.949 and was la-eerably disrlnrg~ed in 1954 attaining tie Rack of Shf[ Sergeaet Worked as a Jeoreeymau prietar far tie Fort W orti Star-Tekgnm whiff 1 resegned to start my orvn bates. Oweal and operietxd B & B Peet Control antic It was sold ia" 1985. B~atiunc a REALTOR froeQ 1~6 nail 1990. ., Elected North Rielslaad Hits Meyor aad served i'rou )9418 ttiroagi 1998. Scrvdd in maey capacitiea iacladieg Ciairm:o of tho Tamet Couunly Mayors Council, the Tamest Conety Sales Ta= Cmwtasittee as well as Regiaeal Director of the Tczas Mueici~al I,,eagae. Civie accomplisimeeb included tie Nort6eut Ricilatsd Lions Cl+ab, Ti+e l~ortl~east Chamber of Commerce, tie Commaei#y Enrichsaeet Board a~' I?iraetors aed helped start. the Tarraet Coaniy Crime Stoppers and tic Board oi' I~ctors of the Northeast YMCA. Aootier aceomplishmen# wss to help mtabtisi the AlWnoe far ChBdzen ie Northeast Tarr~an# eaaisty end live seared on the Bostr+d of the Tsn~ant Coaaty Hoasin; Partnership and tie Birdv~`Ik ISD Faaedstioe for Edscstional Ezcellenc~ My wi#s Sur sod 1 attend Norrth Ricblaed Sillae Baptjst Charts. 'R'e hava tltr+ae children, Julie is empkryed at tie Ferkral. Reserrrc Back bw~ Dallas, Siaroa is iH Austin sad is a 1~lrectar at Temple Inland rviile onr sue Randy is a eoudtry and western sieger. Thank yon for Yo:er conaderatlon. ,: 1 .:"'~~_t~ ~ c ~~ yet ~,.r-:•~ Uctober 16, ?0(?9 Cit~r cif Norte ~.ichland I-~il~s 1~. MMarrk 1-lindman, City Manager 7:301 T`?.E. Loop 820 North .Richland.. Hi.tls, TX 761.89 RE: 'Tarrant .Appraisal District Beard of Directc,rs Dear Mr. Mirk Hndnxan, City Mater, 1 arrt ws icing to you concerning the open. position that our friend John ~". Cubanks is vatting. ,lohn has extdor~;d xne to replace hi~rn on the board.: and I am ask~in,~ for your sulrport far this position on the Tarrant Appraisal. District Board of Directors. 1 attended Eastern Hilts Iii Scho+~l (Fort ~V4lorth) artd gradLtated ixa. 1.9'73:, and Texas Christiaxr. CTnive~rsity {TCU~ 1..978. I have lived in Tarrant County axes: for ~~ years.l have been in the real estate business since 1887. I have been married far 26 years tv Nancy and .have 5 sons. My e~:pexience in the City ofNorth. Richland Hills is a development on Mid Cities BLVD '~lld~vood Office :E''arc and managing several other pr"c~perties in the City of l~~rth Richla~ad Hills. In the past ~~le years 1 have been involved ix~ residexttial land development in Southtake, Colleyville, North. Richland dills and "~~atherfortl. Also, 1 Dave built scti>eral ult`ice b~uilc~'zngs in Cs~lleyville and Forth Richland. Hills and owed several propet~ies in the Fort ~IVorth area. My experience include the following: £.'PM designation acrd I ha~re be~xx elected as the President of the Fort. `~1c~t-th Chapter. of IRFM fox the years 2(105 and 2{106 • CC1IVl designation, and: T am a. member of the I?allas Chapter of C'.C1M A.dvisoxy Beard xnexnber of Northstar Bank. {Colleyvil:lc and Grapevine} Advisory board for ,A.parttnent l.i.fc M.inistrics Served on the Board of Colleyvitle Basketball .Associatic~rt *~ Served nn several Boards of Tx~astees 'for Cnndvmntxm .Associations Fart Worth and Galveston 5ec;retary {board txte3nber) of the Catdwelt Creek. Subd~-ision, Colleyville i~E1~~1~.~.[ T.~:~ Te:~~s A.~sociatian Q# `Reaitor ~A~ N~tanal.l~ssaciatir~n af' IZeaitc~rs NTCA.~ North Texas Carnn~e~ial Assaciativn of Realtors IRl/l~i institute ref Meal Estate l~;~n~.gernent Secretary of the "Fart ~1'artl~ Chapter X00 CCIP~~ Certified. Commercial. i~~vestcnent Mem~r C.li3 Corri~nercial Investn~aent ~3rc~kers .gain ~ appreciate your causideratian at s~xppart far this very important pasitifln. Sincerely, ,~ahil F~~ .....:., " COLLEYVILLE ~XAS October 8, 2009 Oscar Trevino Mayor 7301 NE Loop 820 North Richland Hills, T7~ 761$0 Dear Oscar:. On October 7, 2009 the Colleyville City Council passed Resolution R-09-31.53, nominating Mr. John Fegan, 1303 6ellefonte Lane, Colleyville, TX 75434 as a candidate to the Tarrant Appraisal District Board of Directors. As you are aware, Mr, John Eubanks has served an the TAD board for the past six years and has represented Northeast Tarrant County well. John is interested in pursuing other areas of service and declined the. City's offer to continue his nomination. John Fegan has been a resident of Tarrant County far 54 years, the last 15 as a resident of Colleyville. He and wife Nancy have five sons, two of which graduated from Grapevine High School. John is the President and Owner of Compass Realty, LP and has been in the real estate business since 1987. In the past three years John has .been involved in residential land development in Southlake, Colleyville, North Richland Hills and Weatherford and has built several office buildings in Colleyville arrd North Richland Hills. John has been an active participant in the community, serving as President, Fort 1North Chapter Institute of Real Estate Management, Advisory Board member to Northstar Bank (Colleyville and Grapevine}, Apartment Life Ministries, Faith Christian School Board of Trustees, and board member of Students Standing Strong, anon-profit student leadership group. John has also served on the Board of Colleyville Basketball Association, has been on the Boards of Trustees for Candor~ninium Associations in Fort 'V11or'kl~ and. Galveston and currently is the Secretary of the Caldwell Creek Subdivision, John's professional memberships include Institute of Real Estate Management, Texas Association of Realtors, National Association of Realtors, North Texas Commercial Association of Realtors, Certified Commercial Investment, and Commercial Investment Brokers. We hope you will support the nomination of John Fegan to serve Tarrant County. Please contact me should you have questions at 817.410.3715 or via email at kellvdtc~3 ci. callev~il le.:tx, us . Sincerely, ~~ ~. David IC:elly Mayor ~?~u~,ste~° of :~du+r~tic~n Rev.. N.Iiichaei, D. Glaspie . :~tev. chael ~. +Gla,~p~e s~scves as l~~ter ref Education He is xn~raed to Sis. Sanice Glaspe and they have ~ children, 'I"amara, ll~chael fir. and. Marcus. Th$ Gtlaspie's live in Axlington, 'Texas. Rev. Glaxpze was isc~m in mall, "~rxa,s. Ile joiricd the _~runt alive Baptist ~hu~h ~ ~une,1~1;2. 'Zn 1Vlaxr~h, ~48~, he accepted his ~~ as a n~nster of ~ Gospel. since 198b, I~.ev. Gaspie has been involved in the nah7ust~les ~£ the Sunday Schaal Teachers, Evangelism atzd became Minis~x of Eclue~tz~n. in the early l HQ's. l~.c-~r, ~laspie grzduated Pram the University cif ~' at Austin' xeceivu~g ~ 13A ar~d lA from tl?a# u~~.ivez.~ity, He has also studied at Southern. Bible institute and the Dallas Baptist University. ~. ~uldtion to his beszc r~onsibzlities associated. Wirth. the education. area,. such as IY.IC}BI, Sunday ~choal, a~ad eclucaticamal seminars, R.ev. Glt~ie's focal areas aze with. ~s.rlington New B ~~;ir3nix~gs, ccmmimaty invalve~aaent and the Neyv 1vl~~nbsxs Welcoming committee. He has received xecc~gnition and awards for his involvement with the Asliz~gtar~. Independent School Dist~itct ,and other cam~ntx~uty r~x~~i~atacns~ anci hominess e;11t1tt~S. N9ichael ~t~s~ia n'1in~st>'r of ~h{-is#iau ~dnea€~trn ~d 14Tissiuns at 11~o~tnt tl-Nve 8apt~st Church a~td. also se~ea at the +'ze~~~~~ Diret~~r ~-~f ~~ro Cl~urt~r A~+c;~dexa-~-. H~ has served. ~s a, ~.~znbenr of the Ar1i~:gtuzt ISD 73oard ~ Trustae~s sznce 1991, FIe has a BSA. ~t ~.ematics an MI3A fxaru the Univexsaty of'Taxas ~ ~us~in. He hes done wark art: a ~+Iastaxs r~f~blical Sttac~ies at l~aiias Bapt~t Universaty.ll~r. Glas~ie retired frame 1BIvS after a ~tvve~iy-one year. r~ur~ iu msrke arsd ma~kcg m~n~.gement of information technalagy systems anti saiutians. He and his wife, Jnrtice, have three cbilrirext,, a daughter and. two sorts, wha arie bena~iti~ng Pram tha excell~t etht~a#~~ata they received from tt~e :rJ~. .~~ Q~` ~t,~~l M0~,~7J:~ ~'~Ax.I).a~T~;: ~~lwt~ A~R~R +~CtB TA~RT~ ~`rrx~rwo~t, ~~'r~~t~ ~x~.~~~r gads ~~~ ~.nu~,sss ~zvxs Ax.~rc~~s.. ~~4~ B~L~t]~ Dom, ~'c~zT'4P'a~,'~t`a~ 7b1~9 8~.7-'7~~»8 ~n~'C~.~L~~tr l[.+ar,~.,: A~aax ~©x~~ ~aga€.~;s lC. 5., 1v~~~trtY'~ ~'~. ~.~., r ~,~: l~~~v ~~~o l~r.~urr_ar~~ ~1+'"~,1`Z"!`~, ~az~x~ ~':11~. ~i.US7C~N Cb~E'(~ ~ ~. A. ~C ACTSvtr~~s: ,I~~EMii~R o~'~ I~c~x~Jti'Y CL~~ t?x'4~1~~i ~`~~ ~crRT~t ~'A~' ,+3T1t3Et~T'I' ~'. ~". CrO~~NQ:6~. ~~I~~.~a~fry~pp~N ta}~~ ~~~ya~aYY~}~ri ~t{~~~+I~ ~+y +~ "j'},..~.~y~i~ aj''~!y~*%S!~AWyrh47IVf 1T:~A/~1~C1L'f~~Vl]3l.iJ +V~d~ llly~~'}~:yj~~t~l~V~~~Vp~~((J.~i(i~~.~3l:T Xi ~ k7. ~+aT.A,7.f~~~s~r~Jyi~~y~y7.~.L, FA~dy~.yy~~ ~A ~~i}J eWf~'1~1}1. /~~~4~„yi7~~7.71.f r ''~~~~{` E+77d/.l~rr~~~WY'~.Jl\~i~II~i}Yy,{'LLt~n37y.7y ~'1~]1~.<7F.RY /~+~ ~~y,~y~ ~qqy~ .LT~R~' ~ V~- .1~L V .L~.RS.V~ 4.d.~~~ AdIO-yfi ~l.i\IIiL~zJJ.lf.7 a~l'TCE ~ ~9~ A~'~e'~J Sa:RY~b UN `~~ C?FP'.i~'V~ G~1kTit4IT'T'~. ."~.~~L~' ~t?$ T~ ~'I(D~.`i"~I:AiIX G'~A.~L~TEU3L~ ~`bYI~DA:IZQI'~~ ..,+~' U}~ER~'~ A T~AC~NG G~r~:f~ I+U~', TAE b'Ti~ ~» .~~ ~~ T~1~ ~+"QR3`'~V'DI k~1,14~SE1't t7~' ~OiV. .1C'~`D t?lti T~'~i'Y U~ ~'L~~tT CM ~~JII.1~~'G ~'~'A~1~~LU3 ~c,3€:s~s~or~ s~~t s•~~s. ~~,•yM~~~y{~.xA' S~T.~y~]]A ~•~~J.~TS~~~y} 7~'fl~yAyyS;[y`y`~j'l~~fe~~~~'yy*~..rr /.~,yt y[j~ry~y!~~ y}{~'~j'~',/''/~y ~~yt ~J h~~aYQW ~~A~4111v1ATil.~f~t~J.dA ~+Li.Ki.D~\ y`L' ~Ad Li{TFaI .R/.{5r11w.;f. /.Pa •S'~~~yv7~vv~yryy~~~+yr~.7~~v~c.~c~x ~~{x~~.'s g.~. ~ ~ i7~r~ ~r~.~r. . ~.d91.'f~~.3'.L•i33'i.ar~~ ~l ~~ ~' ~, (~.Q~!.T'~ ~~~~+ ~.~ 31+t C3N "~ S3€'~'~t ~3AS1& APR QV~.~:'1'~i~ Yet .~A'V~ ~~JftY tk~i` TARIt1it+1~1 e~'~115.~ ~!"~~' RU. O~ .AI~rC~~ ~~ 2(}{l2. 8~S'~1~tS .A.G7E'~T~'E~: ~~ox u~ ~.~ct~~. ~ao~ o~ x~ Yl~tt. ~'~~ ~~U2 o~ ~t~TS ~1A.R.,i~3~ TAR,. .art aa.~Y ~x v~ct~s ~~~ar~ .~~€` ~~`w,. A:T'I'~ ~AT~ L~ J,oe A. Pot#hoff b'~~~ Gascony 'lace Rar# Wurtia, TX 7GI32 817.. +k56.334"7 Singe graduating with high hana~ in 1973 and earning s Basrl~lars of Science in Arohitetture, 3oe l'ot#ha£f Yias•worked extezasveiy in physical, racial slid economic plaruting. Fie was a charley member of the Arnarican Ixtstitute of Cer€rfi~l .Ptannars, woxked in the +carly stages Qf dGVCloping stratrgic platmir~g mG#hoda, and pioneered ~ integration of strategic plaruiir~g with future st:idiGS. Mr. Potdzaff has studied lslar~ing issues iriternatianally, traveling to l~sia grid hurope through Rotary Inte~atitrnifll's group St-ady Exchange. 1Vir. Patthaff is pux,~tly Pzcsidcrit Qf kiill tii3lis~trap, Potthaff & lvicCrinazis (TICxPIVi), a otriisultin$ tsrm orga2ized to idrntify investment opportunities, abtsin ecanornic davelt7pmeitt incentives, secure enti~lGmeotts; ar~d pxovide a wide range of srxulces and expertise to business alierits. IdG has extrusive experiexice as a plosmer, faci'litatar, and creative strategist. ~ddiLianally, le owns a12d mxstzages his avyn real estate seal. investments. ~'is experience izicludGS the,private, pubic, anti ~aon=profit- sectors witta. au emphasis ix1 real cstste, zoning, land use, government rCg'Etl&tif>a1, .17,51€ r13Ai1a$e1xlGrit, fx 'uYi#i~ssing, markzt analysis, site dGSigti, ecanamic developirir+iit, fuhire sttidzes, and. gav~airir:ntal relatiuLS. After ,eking as a desigricr iiz architectuze, lyYr. Potthoff ep~rit tlxc next t~~elvc yeaxs of his career. in sits p~aradng. i3~iring this tuna. iii the pai7lia sG~tor, lee adrunistc~ed the subdi~nsirm a:E`inare th.~.n 1Q,(}g0 lots ariet l,t~ r~.ant requests. T3is responsibilzties else includsd camprelrensive seed environrnerttal planning, code enfercGmeait acid develapn~nr rt~iGbY. ]3cforc opening hie first torxsultiri$ film, Mr. l'otthaff spent seve~i years as Diirectai of Plaranir~ far the C7tiCS of A:rliugtara, Texas aixd Bellevue, 1Nashingtan. As i'resident of Wetzel-l'ottlzoff, Iri,^.. he spent the r=eat thr#Gen years proviiiing and raging a vricle variety of coril#%ng services cantered ara~.mr3 business anal strategic planning and problem salving. Bxples of oorzsulting wank successfully caznpleted during this period ixiclutle: ar3aly~iug governmental icgutaimy actions; managing ,l~J~ .teams; acid produoing busirLeSS plans; investtnerit strategics a~td fcac~it~ility/msrket3ng studies. ~Ti~'itl:in the voluiYtser sr;ctar, lv1r. Patthaff leas served an nuruerous boards of t:ornxntrcty argariizatians. Since 1992, he has been an aotive member of the Tarrant Appraisal T)isfi-ict's 'nosed at' dixectoxs, sewing as Chairman of the Tarrant Appraisal I?istriot for the last eight years. 2v1r. Potthof~f has slso set~ed art tlxG boards af' a Chamber of Cnn3merce, the River Legacy l;oundatinn and a pi~,a Stop Career Center. Additionally, he ao-chaired a lwlayor's T'aslc Farce an Drugs anti Cxime and xer~ved an tliw Tenant 24U(l Task. Force. • hie. Pot#lio~ is g past. rxi~~bar ~d i'sul. I~rris F'eilow of Rotary 1~ritatanal, serving twci years as the abairrnan of Rotary district 579's Group Study ~tehangc. Hw is else a ~zierriber of Alpha Gfii {botaorazy aua.denric .fraternity); a-nd a past member a#' the V1oild Fultirc Society, ]1~E7`~T5A., the Irlstitfute of CJrban. i?caign, and the Tzt#arnatioizal Uowntt?wn Execu~,•res association. ~e has gust IBCtnred at the Cizavei~sity of Texas at Arlizrgtoi7's graduate school in the departments of Architecture acid the Institute of Urban Studies.. .Additionally,. Mr.1'~thoir has served as an instructor in crisis management anti media relations for member cities of the North. Centrial Texas Council of Gavez~nmsnta. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Vickie Loftice Council Meeting Date: 11-9-2009 Agenda No. F.8 Subject: GN 2009-087 Approve Naming Recommendation for the New Park Located on Grand Avenue -Resolution No. 2009-036 On October 28, 2009, the Naming Board met and reviewed possible names for the new park located on Grand Avenue across from the Library. The park is under construction and will be completed by the end of January 2010. The Board, consisting of Mayor Pro Tem Turnage, Councilman Barth and Councilman Lombard, recommended the park be named "Stormy Plaza". The Naming Board considered several names for the park and concluded that the name Stormy Plaza would recognize the historical significance of the old Mangham Airport and owner Stormy Mangham. The name also complements the theme of the 20' public art commission by artist Barbara Grygutis. The glass and steel sculpture, entitled "Weather", will be prominently located in the center of the plaza and dedicated at the same time as the park. Mangham Airport was located within what is now the Home Town Development area between Cardinal Road and Walkers Branch. The airport was open from approximately 1954 to 1988. One interesting note is that Senator and astronaut John Glenn landed there when he came to speak at Tarrant County Junior College. Stormy (ca. 1907 - 1974) was an American Airlines pilot and he also set the Land Speed Record racing at the Bonneville Salt Flats with his single engine Triumph Twin. Stormy had a heart attack while flying a plane, crashed and died in Luling, Texas in 1974. Recommendation: Approve Resolution 2009-036. " `~~ RESOLUTION NO.2009-036 WHEREAS, the Naming Board met and reviewed names for the new park located on Grand Avenue; and WHEREAS, the Naming Board unanimously recommend the following name: "Stormy Plaza" for the new park located on Grand Avenue; and WHEREAS, the City Council concurs with the recommendation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT City Council approves the recommendation of the Naming Board. PASSED AND APPROVED this the 9th day of November, 2009. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Loftice, Director of Parks & Recreation CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda c;i i r ur NORTH RICHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 11-9-2009 Agenda No. G.1. Subject: Authorize the City Manager to Execute a Contract for the Purchase of 5036 Rufe Snow, Approve an Economic Development Agreement with GRIDIRON CAPITAL, LLC, and Amend the Operating & Capital Projects Budget The North Tarrant Express is bringing added attention and interest from the commercial development community along the Loop 820 corridor. As a result, the City would like to optimize consumer access and the quality of commercial uses. With this in mind, staff has identified two opportunities that coincide with the Council goals of Quality Community Development & Revitalization and Targeted Economic Development. These opportunities are: 1) The purchase of .95 acres of commercial land located at 5036 Rufe Snow 2) Entering an economic development agreement that affords GRIDIRON CAPITAL, LLC the non-exclusive right to purchase and a right of first refusal to purchase all or a portion of land at 5036 Rufe Snow or 6720 N E Loop 820 for uses approved by the City. Recommendation: To Authorize The City Manager to: 1) Purchase .95 acres of commercial land at 5036 Rufe Snow in the amount of $800, 000 2) Enter an Economic Development Agreement with GRIDIRON CAPITAL, LLC. ECONOMIC DEVELOPMENT AGREEMENT This agreement is made by and between the City of North Richland Hills, Texas (City) and the GRIDIRON CAPITAL, LLC and/or assigns (Developer), a Texas limited liability company for the purpose of promoting economic development within the City. For and in consideration of the mutual undertakings herein set out, the parties agree as follows: 1. Developer agrees to assign to City an earnest money contract for the purchase of a parcel of property described in Exhibit A hereto. 2. City agrees to purchase the land described in Exhibit A hereto pursuant to the terms of the assigned contract, subject to the completion and determination of a Phase 2 environmental analysis by a firm qualified to make such a determination that there are no conditions present on such land which might require remediation. 3. City grants to Developer anon-exclusive right to purchase and a right of first refusal to purchase all or a portion of such land described in Exhibit A and the land described in Exhibit B for uses approved by the City. The purchase price for any purchase under such non-exclusive right to purchase shall be either a price agreed to by the parties hereto or the appraised price of such portion as determined by an MAI Appraiser selected by City plus a broker's commission of 6% which shall be paid to GRIDIRON CAPITAL, LLC upon closing. Any such sale shall be conditioned on completion of proposed improvements within a time to be determined and shall restrict use of such land to that designated for a period of five years, which obligations shall be secured by a security agreement satisfactory to City. 4. The right to purchase and right of first refusal shall expire on the earlier of ten years or five years after the substantial completion of the Loop 820 widening project which includes the area where SE Rufe Snow crosses Loop 820. 5. Should City, during the time stated in No. 4 hereof, receive a "Bona Fide Offer" (as defined below) it deems acceptable from another prospective purchaser, it shall, before entering into a contract for sale, provide Developer a copy of such offer in person or by mail to the Developer's address listed herein and Developer shall, if it desires to exercise its right of first refusal, provide City, at City Hall or by mail addressed to the City Manager at the address listed herein, written notice agreeing to purchase for the amount in such offer. Should Developer fail to provide such notice within 30 calendar days, City shall have the right to sell such property to the party making such offer. For purposes of this Agreement, "Bona Fide Offer" means an offer in writing setting forth all relevant terms and conditions of purchase or lease from an offeror who is ready, willing, and able to consummate the purchase and who is not an affiliate of the selling Owner. (A Bona Fide Offer does not include, and there is excluded from these limitations, transfers of interests between affiliated parties for purely business or estate planning purposes. For example purposes only: so long as the transfer is otherwise made subject to this Agreement and so long as the purpose of such a transfer is for business or estate planning purposes and not for the purpose of frustrating or defeating the intent of this Agreement. If Developer does not exercise their right to purchase all of the interest, the City may, within ninety (180) days from the date the notice is given and on the terms and conditions stated in the notice, sell that interest to the prospective purchaser named in the notice. If for any reason, the prospective purchaser does not purchase the property, then Developer's right of first refusal shall continue during the time stated in No. 4 hereof. 6. It is understood and agreed by the parties hereto that City is a governmental entity subject to restriction on the method by which it may sell land and that if notice and bidding are required, sufficient time will be allowed for compliance with such restrictions. 7. It is also understood and agreed that only the North Richland Hills City Council can approve any proposed use of the property to be sold and that it has the absolute and unconditional right to refuse to approve any proposed use. 8. This is an economic development contract and any use proposed by Developer must, at a minimum, describe the nature of the proposed uses, improvements to be constructed, numbers of full time and part time jobs, projected sales, estimated annual sales tax and any other information required to persuade the City Council that the proposed use will adequately promote economic development. 9. Addresses of the parties hereto for purpose of notices shall be: City: City Manager 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 Developer: GRIDIRON CAPITAL, LLC 2600 Suzanne Trail Hudson Oaks, TX 76087 10. This contract supersedes and replaces all prior negotiations and agreements concerning this property and may be amended or altered only by a written agreement signed by both parties. 11. As required by Texas law, this agreement is conditioned upon the compliance by Developer with laws prohibiting employment of undocumented workers. Should the Developer employ anon-citizen who lacks legal authority to work in this country during the five years immediately following the execution of this agreement Developer's rights hereunder shall be forfeited and all grants hereunder shall be immediately repaid City. Approved effective the day of 2009. City of North Richland Hills By: Mark Hindman, City Manager GRIDIRON CAPITAL, LLC By: Dustin R. Renfro, Manager Exhibit A 5036 Rufe Snow Drive Snow Heights Addition, Block 25 Lot 2A Exhibit B 6720 NE Loop 820 Snow Heights Addition, Block 25 Lot 1 R CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Mayor Pro Tem Scott Turnage Agenda No. H.1 Subject: Announcements -Mayor Pro Tem Turnage Announcements Keep NRH Beautiful is partnering with the BISD Clothes Connection and Cornerstone Assistance Network to provide warm coats and blankets for those in need in our community this winter. Please clean out your closets and drop off your extra winter coats and blankets at the NRH Neighborhood Services Department, located at 7200-C Dick Fisher Drive South. Donations will be accepted through November 13th. For more information, please call 817-427-6650. The Night of Holiday Magic volunteer coordinator is now accepting volunteer applications for our 2009 holiday event which will be held from 4 p.m. to 8 p.m. on Saturday, December 5th. More than 200 volunteers are needed to ensure Night of Holiday Magic runs smoothly. To volunteer or get more information, please contact Elizabeth Reining at 817-427-6015. North Richland Hills City Hall and other non-emergency offices will be closed on Thursday and Friday, November 26th and 27th for the Thanksgiving holiday. Duncan Disposal will not provide garbage and recycling collections on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will be made on Saturday. The November 23rd City Council Meeting has been cancelled. The next City Council Meeting will be held on Monday, December 13. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Wesley Millsap and Lucio Valdez, Public Works Utility Division An a-mail was received from a resident thanking City staff for responding promptly to her water problem. Wesley and Lucio were at her house less than 24 hours after she contacted the City. They quickly measured the water pressure and answered all of her questions. They were very professional and provided excellent service, the resident said. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 11-9-2009 Presented by: Agenda No. H.2 Subject: Adjournment