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CC 2010-11-08 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, November 8, 2010 5:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Review Competitive Sealed Proposals Received and Recommendations for Construction of the New Food Services Building and New 2011 Attraction at NRH2O (5 Minutes) A.3 Presentation on Proposed Seismic Survey (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation including but not limited to - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding pending litigation: 1) Friend v. City of North Richland Hills, et al No. 342 - 218419 -06; 2) HomeTown Urban Partners vs. City of North Richland Hills Cause No. 096- 236530 -09; 3) Arcadia Land Partners 25 Ltd. vs. City of North Richland Hills, Cause No. 067 - 241297 -09; 4)Venue at HomeTown vs. City of North Richland Hills and David Pendley, Building Inspector, Cause No. 352 - 237213 -09; 5) Graham Associates, Inc. vs. City of North Richland Hills No. 153 - 245913 -10; 6) City of North Richland Hills vs. AHK Properties; 7) United States of America and The State of Texas ex rel. Douglas Moore, and Douglas Moore, Individually, vs. Cities of Addison etc No. 3- 10CV02333 -K. C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills ,Texas in compliance with Chapter 551, Texas Government Code on November 5, 2010 at p.m. r f 4 is t Ci ecretary This facility is wheelchair accessible and accessible parking spaces 'e 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. City Council Agenda — November 8, 2010 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, November 8, 2010 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------------------ Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ------------------------------------------------------------------------------------------------------------------------------------ A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Sapp A.2 Pledge - Mayor Pro Tem Sapp A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of October 25, 2010 City Council Meeting B.2 PU 2010 -025 Award Bid No. 11 -002 for Street Sub -grade Stabilization to Reliable Paving in the amount of $72,774.70 City Council Agenda — November 8, 2010 Page 2 of 4 C.0 PUBLIC HEARINGS C.1 SUP 2010 -05 Public Hearing and Consideration of a Request from Goheen Enterprises for a Special Use Permit for a Variance from Masonry Requirements at 4028 Rufe Snow Drive C.2 SUP 2010 -06 Public Hearing and Consideration of a Request from Ronald Dunlap for a Special Use Permit for a Three Car Detached Garage at 7955 Bursey Road - Ordinance No. 3119 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2010 -02 Consideration of a Request from Quick Trip to Approve a Replat creating Lots 1 R and 2R -1, Block 1, Five Star Ford Addition (located at the SW Corner of Rufe Snow Drive and NE Loop 820 - 16.081 acres.) D.2 RP 2010 -03 Consideration of a Request from The City of North Richland Hills Parks and Recreation Department to Approve a Replat creating Lots 1 and 2, Block 1, NRH Civic Center Addition (located at 6000 Hawk Ave. - 14.509 acres.) E.0 PUBLIC WORKS E.1 PW 2010 -039 Terminate the Construction Contract of Project RFB No. 10 -041 to J & T Excavating in the Amount of $1,109,257.10 for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road and Award this Project to JLB Contracting in the amount of $1,116,622.81 F.0 GENERAL ITEMS F.1 GN 2010 -094 Consideration of Amending Sections 2- 67(e)(2) and 2- 67(e)(8) of the Code of Ordinances and the Council Rules of Procedure Pertaining to Citizens Appearances - Resolution No. 2010 -031 F.2 PU 2010 -026 Authorization to Reject All Bids Received for Bid #11 -004 for the Construction of the New Food Services Building and New 2011 Attraction at NRH2O F.3 GN 2010 -095 Amend Chapter 42 of Code of Ordinances by adding Division 3, Illegal Smoking Products - Ordinance No. 3121 F.4 GN 2010 -096 Authorize City Manager to Execute Agreement for Night of Holiday Magic Property Use F.5 GN 2010 -097 Amend contract with Byrne Construction for Construction Manager at Risk Services establishing the Guaranteed Maximum Price for the Construction of the New Recreation Center F.6 GN 2010 -098 Sale of Land Parcel 155 to the State of Texas - Resolution No. 2010 -032 F.7 GN 2010 -099 Award of Bid #RFBP No.10 -035 to Whitewater West for Purchase of New 2011 Attraction at NRH2O City Council Agenda — November 8, 2010 Page 3 of 4 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 - Councilman Whitson 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 w' h Chapter 551, Texas Government Code on November 5, 2010 at •'% P.M. A& tan -City ecretary This facility is wheelchair accessible and accessible parking spaces ar 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. City Council Agenda — November 8, 2010 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, November 8, 2010 5:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Review Competitive Sealed Proposals Received and Recommendations for Construction of the New Food Services Building and New 2011 Attraction at NRH2O (5 Minutes) A.3 Presentation on Proposed Seismic Survey (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation including but not limited to - 1) Hometown Urban Partners Ltd. vs. City of North Richland Hills (No. 096 - 236530 -09); 2) Arcadia Land Partners 25 Ltd. , et al vs. City of North Richland Hills (No 067 - 241297 -09): 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding pending litigation: 1) Friend v. City of North Richland Hills et al No. 342 - 218419 -060 2) HomeTown Urban Partners vs. City of North Richland Hills Cause No. 096- 236530 -09; 3) Arcadia Land Partners 25 Ltd vs City of North Richland Hills Cause No. 067 - 241297 -09; 4)Venue at HomeTown vs City of North Richland Hills and David Pendley, Building Inspector Cause No. 352 - 237213 -09; 5) Graham Associates, Inc. vs. City of North Richland Hills No. 153 - 245913 -10; 6) City of North Richland Hills vs. AHK Properties; 7) United States of America and The State of Texas ex rel. Douglas Moore and Douglas Moore Individually, vs. Cities of Addison etc No. 3- 10CV02333 -K. C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 11 -8 -2010 Presented by: Vickie Loftice Agenda No. A.2 Subject: Review Competitive Sealed Proposals Received and Recommendations for Construction of the New Food Services Building and New 2011 Attraction at NRH2O (5 Minutes) Summary This item is to review the competitive sealed proposals received and discuss recommendations for proceeding with the implementation of the 2011 new attraction and the new food services building at NRH2O. General Description The approved NRH2O Family Waterpark Capital Improvement Program for FY 2010- 2011 includes funding for two projects, the new food services building and the new water park attraction at NRH2O. The proposed improvements include the removal of the existing "Hopper" Building to accommodate the construction of a new food services building with seating area and the addition of a new water slide attraction in the southwest area of the park. The total available funding for construction is $2,141,810. Competitive Sealed Proposals were received from six contractors on October 26 2010. Pricing was provided as follows: Base Proposal The Fain Group, Inc. $3,053,692.05 Modern Contractors $3,137,000.00 Ratcliff Construction $3,186,000.00 Byrne Construction $3,304,000.00 Hasen Construction $3,350,000.00 AUI Contractors $3,413,000.00 The Construction documents included selection criteria as the basis for evaluating the proposals received in order to select the contractor that is the most qualified which represents the best value to the City of North Richland Hills. Although all of the bids exceeded the available funding for construction, a selection committee met on October 27 2010 and selected The Fain Group, Inc. as the "best value" for the City. In accordance with the Purchasing Policy governing Competitive Sealed Proposals, staff directed our consultant, Schrickel Rollins and Associates (SRA) to work with The Fain Group to explore value engineering methods in order to bring to the total contract amount within available funding without affecting the overall entertainment value of the project. After extensive evaluation and review of contractor pricing, it was ultimately determined to be in the City's best interest to reject all bids, revise the specifications and re -bid the new 2011 attraction separately from the food services building. Doing so, will allow for the following: 1. SRA will redesign the bid package to only include construction activities related to the installation of the new attraction. Council consideration for awarding a contract based on the revised bid is anticipated to occur January 10, 2011. 2. The attraction, a multi - person slide called the "Viper ", was previously selected through the competitive sealed proposal process and will be purchased directly from Whitewater West by the City instead of by the general contractor. This encourages competitive pricing and allows fabrication of the attraction to begin in time to complete construction prior to the upcoming summer season. An item has been placed on the agenda for consideration of the purchase of the attraction. 3. SRA will begin complete redesign of the food services building to accomplish this work within the available funding. After redesign, SRA will prepare construction documents to solicit bids for construction. Award of bid for this work is anticipated to occur prior to the end of the summer season, allowing for construction to begin immediately after the park closes for the summer. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 11 -8 -2010 Presented by: John Pitstick Agenda No. A.3 Subject: Presentation on Proposed Seismic Survey (15 Minutes) Summary Ron Underwood with Gateway Permit Services representing Dawson Geophysical and Chesapeake Energy will be giving a presentation on the technology and a proposed right of way seismic survey that is planned to begin in North Richland Hills in mid January, 2011. General Description The City of North Richland Hills currently has six active well sites and has permitted 36 gas wells at these sites. In order to proceed with more extensive drilling programs at established gas sites, Chesapeake Energy is in the process of conducting seismic surveys throughout the Metroplex to accurately map gas producing layers of the earth. Initially, Dawson Geophysical will be conducting a right of way seismic survey for a 35 square mile area including parts of Fort Worth, Haltom City, Richland Hills, the southern parts of Hurst, Bedford and Euless and the southern part of North Richland Hills primarily south of Glenview Drive. Dawson will begin in Fort Worth in November and move eastward with plans to conduct seismic surveys in NRH in mid January. Dawson Geophysical has also recently secured a contract for a larger seismic survey that would include the remainder of North Richland Hills in mid 2011. Current seismic technology includes placing a cable in the parkway area of the right of way that includes geophones (seismic listening devices) staked in the ground and an occasional small box called an RSR (Remote Seismic Recorder) box. An RSR box is a radio controlled computer hard drive and control box for the section of geophones that is attached to it. Once the cable is laid out, it will stay on the ground for 3 to 4 weeks. During this time a police escorted convoy of specialized trucks (called Vibroseis Trucks) will drive down selected streets and stop at selected points, lower a pad to the ground and create downward traveling sound energy. The convoy stops at each point for approximately 4 minutes. This process allows for accurate mapping of the Barnett Shale in an effort to provide more extensive and effective drilling from each gas drill site. Dawson Geophysical claims that this technology will not damage any underlying infrastructure or nearby structures. Dawson is also providing third party monitoring to assure that any activities fall within industry guidelines, has provided an insurance policy and will be responsible for any liability. Gateway Permit Services has made an application for a seismic survey permit that includes most of the area in NRH south of Glenview Drive. The permit application requires a seismic survey map, a mineral right owner location map, proposed dates of seismic survey, a traffic safety plan and a $2,500 fee. The costs of any traffic control devices and hiring of off duty police is also a required cost of the applicant. All seismic cables will be placed in the parkway area of the right of way only in front of properties that have granted mineral leases. As part of granting mineral leases each property owner is also granting the right to conduct seismic surveying adjacent to their property. Staff thought that this would be an appropriate time to give an update to City Council on current seismic survey technology. We will also be communicating information about the seismic survey on the City's website and in the City's Winter Newsletter, since these activities are planned in the next couple of months and will continue throughout North Richland Hills in 2011. Ron Underwood from Gateway Permit Services will be giving a power point presentation and should be able to answer any questions regarding proposed seismic surveys in our community. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation including but not limited to - 1) Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067- 241297- 09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09)) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Jared Miller Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding pending litigation: 1) Friend v. City of North Richland Hills, et al No. 342 - 218419 -06; 2) HomeTown Urban Partners vs. City of North Richland Hills Cause No. 096- 236530 -09; 3) Arcadia Land Partners 25 Ltd. vs. City of North Richland Hills, Cause No. 067 - 241297 -09; 4)Venue at HomeTown vs. City of North Richland Hills and David Pendley, Building Inspector, Cause No. 352 - 237213 -09; 5) Graham Associates, Inc. vs. City of North Richland Hills No. 153 - 245913 -10; 6) City of North Richland Hills vs. AHK Properties; 7) United States of America and The State of Texas ex rel. Douglas Moore, and Douglas Moore, Individually, vs. Cities of Addison etc No. 3- 10CV02333 -K. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, November 8, 2010 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Sapp A.2 Pledge - Mayor Pro Tern Sapp A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of October 25, 2010 City Council Meeting B.2 PU 2010 -025 Award Bid No. 11 -002 for Street Sub -grade Stabilization to Reliable Paving in the amount of $72,774.70 C.0 PUBLIC HEARINGS C.1 SUP 2010 -05 Public Hearing and Consideration of a Request from Goheen Enterprises for a Special Use Permit for a Variance from Masonry Requirements at 4028 Rufe Snow Drive C.2 SUP 2010 -06 Public Hearing and Consideration of a Request from Ronald Dunlap for a Special Use Permit for a Three Car Detached Garage at 7955 Bursey Road - Ordinance No. 3119 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2010 -02 Consideration of a Request from Quick Trip to Approve a Replat creating Lots 1 R and 2R -1 Block 1 Five Star Ford Addition (located at the SW Corner of Rufe Snow Drive and NE Loop 820 - 16.081 acres.) D.2 RP 2010 -03 Consideration of a Request from The City of North Richland Hills Parks and Recreation Department to Approve a Replat creating Lots 1 and 2, Block 1 NRH Civic Center Addition (located at 6000 Hawk Ave. - 14.509 acres.) E.0 PUBLIC WORKS E.1 PW 2010 -039 Terminate the Construction Contract of Project RFB No. 10 -041 to J & T Excavating in the Amount of $1,109,257.10 for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road and Award this Project to JLB Contracting in the amount of $1,116,622.81 F.0 GENERAL ITEMS F.1 GN 2010 -094 Consideration of Amending Sections 2- 67(e)(2) and 2- 67(e)(8) of the Code of Ordinances and the Council Rules of Procedure Pertaining to Citizens Appearances - Resolution No. 2010 -031 F.2 PU 2010 -026 Authorization to Reject All Bids Received for Bid #11 -004 for the Construction of the New Food Services Building and New 2011 Attraction at NRH20 F.3 GN 2010 -095 Amend Chapter 42 of Code of Ordinances by adding Division 3, Illegal Smoking Products - Ordinance No. 3121 F.4 GN 2010 -096 Authorize City Manager to Execute Agreement for Night of Holiday Magic Property Use F.5 GN 2010 -097 Amend contract with Byrne Construction for Construction Manager at Risk Services establishing the Guaranteed Maximum Price for the Construction of the New Recreation Center F.6 GN 2010 -098 Sale of Land Parcel 155 to the State of Texas - Resolution No. 2010 -032 F.7 GN 2010 -099 Award of Bid #RFBP No. 10-035 to Whitewater West for Purchase of New 2011 Attraction at NRH2O 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 - Councilman Whitson H.2 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Mayor Pro Tern Ken Sapp Agenda No. A.1 Subject: Invocation - Mayor Pro Tern Sapp CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Mayor Pro Tern Ken Sapp Agenda No. A.2 Subject: Pledge - Mayor Pro Tern Sapp CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. B.1 Subject: Approval of Minutes of October 25, 2010 City Council Meeting Recommendation To approve the minutes of the October 25, 2010 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 25, 2010 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25 day of October, 2010 at 5:45 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director Sharon Davis Assistant Parks & Recreation Director Bill Thornton Assistant Parks & Recreation Director Adrien Pekurney Recreation Center Manager Kristin Weegar Marketing & Research Coordinator Chris Amarante Facilities & Construction Director Thomas Powell Fleet Services Director Craig Hulse Economic Development Director Greg VanNieuwenhuize Assistant Public Works Director Mike Hamlin Assistant Police Chief Rick Scott Police Administrative Service Captain JoAnn Stout Neighborhood Services Director Eric Wilhite Chief Planner Absent: Ken Sapp Mayor Pro Tem, Council, Place 2 Call to Order Mayor Trevino called the work session to order at 5:47 p.m. Councilman Barth left the Workroom at 5:49 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item B -6, GN 2010 -093 — Councilman Whitson questioned the number of platforms purchased and how this had been handled previously. Assistant Chief Hamlin advised the City was purchasing one platform and that for the previous two years the platform had been rented. Councilman Barth returned at 5:52 p.m. A.2 Little Bear Creek Trail and Calloway Branch Trail Project Update Bill Thornton, Assistant Parks & Recreation Director, presented a PowerPoint presentation and updated Council on the Little Bear Creek Trail and Calloway Branch Trail Projects. The Little Bear Creek Flood Plain Management Ordinance established the limits of the Little Bear Creek Flood Plain Corridor. Since that time, revisions to the limits of the Corridor have been made as development along the corridor has occurred. Additionally, new, updated software used to perform hydraulic calculations have allowed for revisions to the limits of the fully developed flood plain. These revisions, along with coordination with new gas pipeline routes, have resulted in the necessary re- alignment of approximately 12,000 linear feet of the trail. The professional services contract with Newman, Jackson, Beiberstein, Inc. will be amended to include the re- alignment of the trail. Additional work will also require revisions to the Calloway Branch Trail and bridge alignment at Richfield Park because of flood way issues discovered during the design. Although the Supplemental Agreement will amend the professional services contract amount, the total amount of the grant and the total project costs for the City is expected to remain unchanged. This is accomplished by re- allocating grant funds within the project schedule from land acquisition allocation to engineering allocation. The Supplemental Agreement for the necessary additional services will be submitted to TxDOT for their approval prior to Council consideration later this year. The total project cost for both trail projects is $3,328,000. The City's 21% share of the grant funded projects is $698,880 with TxDOT providing $2,629,120. Engineering and design is scheduled to be complete in July 2011, with construction beginning in October 2011. A.3 New Recreation Center Update Vickie Loftice, Managing Director, updated Council on the new Recreation Center. The Recreation Center project is moving along schedule with design complete and bids for the individual trades received and being evaluated. Brinkley Sargent Architects (BSA) completed the construction documents and our Construction Manager at Risk (CMAR), Byrne Construction, issued bids for all of the individual trades on September 17, 2010. A pre -bid meeting was held on September 27, 2010 in the community room at the Public Library. Bids were received on October 12 and are currently being reviewed and evaluated by BSA and Byrne Construction. Once the evaluation is complete, Byrne will prepare a Guaranteed Maximum Price (GMP) amendment to our existing CMAR Contract. An application for a final plat was presented to the Planning and Zoning Commission at their October 21, 2010 meeting. Their recommendation will be forwarded to City Council for consideration at the November 8, 2010 City Council meeting. Vickie Loftice introduced Mr. Dwayne Brinkley, with BSA, who provided a PowerPoint Presentation of the interior spaces highlighted by a "fly- through" of the new recreation building. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) Hometown Urban Partners Ltd vs. City of North Richland Hills (No. 096- 236530 -09); 2) Arcadia Land Partners 25 Ltd. , et al vs. City of North Richland Hills (No. 067 - 241297 -09); 3) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09) Mayor Trevino announced at 6:26 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071 for consultation with attorney regarding pending litigation — Hometown Urban Partners, Ltd. vs. City of North Richland Hills (No. 096- 236530 -09); (b) Arcadia Land Partners 25 Ltd., et al vs. City of North Richland Hills (No. 067 - 241297 -09); (c) Venue at Hometown vs. City of North Richland Hills, et al (No. 352 - 237213 -09). C.0 Adjournment Mayor Trevino announced at 7:02 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order October 25, 2010 at 7:08 p.m. ROLL CALL Present: Oscar Trevino Mayor John Lewis Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney Absent: Ken Sapp Mayor Pro Tern, Council, Place 2 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Boy Scout Troop 321 led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) TEXAS ENVIRONMENTAL HEALTH ASSOCIATION AWARD PRESENTED BY JOANN STOUT, DIRECTOR OF NEIGHBORHOOD SERVICES JoAnn Stout, Neighborhood Services Director and Councilman Barth presented the Environmental Health Service Department with the Texas Environmental Health Association Award of Excellence in Food Safety. This is the second year that Consumer Health has been presented with this honor. Mayor Trevino recognized Ruby Hernandez, Melissa Cruz, Alicia Hindman, and Dylan Barth members of the Youth Advisory Committee in the audience. A.4 CITIZENS PRESENTATION Mr. Dale Jenkins, 8001 Limerick Lane, expressed his concerns for children walking to and from school on Irish Street with no sidewalks. Mayor Trevino asked Mike Curtis, Managing Director to help Mr. Jenkins. 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 11, 2010 CITY COUNCIL MEETING B.2 PW 2011 -038 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $623,500 TO TEAGUE, NALL & PERKINS, INC. FOR RIGHT -OF- WAY & EASEMENT ACQUISITION SERVICES FOR THE RUFE SNOW DRIVE STREET & UTILITY IMPROVEMENTS (MID- CITIES BOULEVARD TO HIGHTOWER DRIVE /RIDGETOP ROAD) PROJECT (ST0202) B.3 PU 2010 -024 AUTHORIZE THE PURCHASE OF TURF EQUIPMENT FOR THE IRON HORSE GOLF COURSE IN THE AMOUNT OF $161,149.60 B.4 GN 2010 -090 APPROVE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH CMJ ENGINEERING, INC. IN THE AMOUNT OF $77,981 FOR CONSTRUCTION MATERIALS TESTING SERVICES FOR THE NEW RECREATION CENTER B.5 GN 2010 -091 APPROVE EXECUTION OF A DISCRETIONARY SERVICE AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY FOR THE BURIAL OF OVERHEAD ELECTRIC UTILITIES BETWEEN THE NORTH RICHLAND HILLS LIBRARY AND THE NEW RECREATION CENTER IN THE AMOUNT OF $174,078.57 B.6 GN 2010 -093 TEXAS GOVERNOR'S OFFICE CRIMINAL JUSTICE PROGRAMS COMPETITIVE GRANT - RESOLUTION NO. 2010 -030 COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. PUBLIC HEARINGS C.0 No items for this category. PLANNING & DEVELOPMENT D.0 Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.0 No items for this category. GENERAL ITEMS F.1 GN 2010 -088 INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT - RESOLUTION NO. 2010 -029 APPROVED Larry Koonce, Finance Director, summarized the item. In the 2010/2011 Capital Projects Budget, City Council approved items that may be funded with certificates of obligation or general obligations bonds. In order to reimburse expenditures with the proceeds of future debt, Council is legally required to approve a resolution to this affect. The budgeted projects include: • 2003 bond election Streets and Drainage projects $1,865,000 2003 bond election Animal Adoption & Rescue Center $1,300,000 • TIF1 Expansion - Boulevard 26 intersection improvements and utility burial project $2,500,000 • Senior Center Component of Recreation Center $2,500,000 • Aquatic Park Projects in the amount of $2,125,000 • Drainage Projects in the amount of $575,000 • Public Works Equipment totaling $285,000. The total to be reimbursed with 2011 bond proceeds will not exceed $11,150,000. Staff recommends approval of Resolution No. 2010 -029 that will allow the City of North Richland Hills to reimburse any of these expenditures with proceeds from the planned 2011 bond sale. COUNCILMAN WHITSON MOVED TO APPROVE GN 2010 -088; RESOLUTION NO. 2010 -029. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 GN 2010 -089 APPOINTMENTS TO BOARDS & COMMISSIONS - PLACE 4 APPROVED Councilman Barth presented the item. The terms of office for the individuals serving in the Place 4 positions on the following Boards and Commissions have expired. Nomination for Place 4 positions are: • Keep North Richland Hills Beautiful Commission Doris Tipps • Board of Adjustment Fonda Kunkel • Library Board Kay Schmidt • Park and Recreation Board Marlin Miller • Planning & Zoning Commission/ Capital Improvement Advisory Committee Randy Shiflet • Substandard Building Board Philip E. Orr, Jr. • Teen Court Advisory Board Shelley Nicholson • Red Light Camera Advisory Committee Steve Koons COUNCILMAN BARTH MOVED TO APPROVE THE APPOINTMENTS. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 GN 2010 -092 APPOINTMENT TO TEEN COURT ADVISORY BOARD - PLACE 1 APPROVED Councilman Lewis presented the item. The Place 1 position on the Teen Court Advisory Board is currently vacant. Councilman Lewis recommended to Council the appointment of Melissa Cruz to the position. Ms. Cruz is a North Richland Hills resident and a junior at Birdville High School. She is also currently serving as a member of the City's Youth Advisory Committee. COUNCILMAN LEWIS MOVED TO APPROVE THE APPOINTMENT OF MELISSA CRUZ TO PLACE 1 ON THE TEEN COURT ADVISORY BOARD. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lewis made the following announcements. Early voting for the November 2nd election is currently underway and continues through Friday, October 29th. In North Richland Hills, early voting is being conducted at the Recreation Center located at 6720 NE Loop 820. For more information about the election, visit the Tarrant County Elections website at tarrantcounty.com /eVote. Questions about the election may be directed to the Tarrant County Elections Office at 817- 831 -8683. An open house for the North Tarrant Express construction project will be held from 2 p.m. to 8 p.m. on Wednesday, October 27th at the Hurst Conference Center, which is located at 1601 Campus Drive. There will be project maps and other information on display. Project staff will be also on hand to answer questions and take comments. The North Tarrant Express project will rebuild and widen 13.5 -miles of Loop 820 and Airport Freeway. Construction will begin later this year. For additional information about this project, please stop by the open house on October 27th or visit the project website at www.northtarrantexpress.com. Join us for the 7th Annual Hoot n' Howl event on Saturday, October 30, at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl will take place from 5 p.m. to 8 p.m. Activities include free games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more details, call 817 -427- 6600. Kudos Korner - Stephanie East, Neighborhood Services Department. A letter was received from the Foster Village Elementary PTA thanking Stephanie for speaking at their meeting. Stephanie was very professional and her presentation about proper food handling was helpful and informative, the letter said. The PTA looks forward to working with Stephanie at their fall carnival and throughout the rest of the year. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:30 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 11 -8 -2010 Presented by: JCates /LKoonce Agenda No. B.2 Subject: PU 2010 -025 Award Bid No. 11 -002 for Street Sub -grade Stabilization to Reliable Paving in the amount of $72,774.70 Summary: Requesting Council approval to award Bid No. 11-002 for street sub -grade stabilization to Reliable Paving in the amount of $72,774.70. General Description: Council approved funding for the 2010 Preventive Street Maintenance Program (Project number SM1001) in the 2010/2011 Budget. The Preventive Street Maintenance Program consists of several components such as asphalt overlays, crack sealing and sub -grade stabilization. The majority of the work is completed by Public Works employees, but the sub -grade stabilization has to be completed by outside contractors. Once the sub -grade stabilization is complete, Public Works crews will place an asphalt overlay over the stabilized material. Formal bids were solicited for street excavation with lime stabilization for the following streets: 1. Sandhurst Lane (Sandhurst Lane E.- Tunbridge Dr.) 2. Steven St. (Manor Dr- Briley Dr) 3. Cardinal Lane (Davis Blvd.- Martin Drive)) 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 six vendors were contacted and requested to participate in this bid process. Bid specifications were viewed from the City's Website by 19 vendors. Six bids were received from the vendors listed below: Reliable Paving $ 72,774.70 McClendon Construction $ 83,466.00 Reynolds $ 96,277.20 Stabile & Winn $ 107,028.45 JRJ Paving $ 128681.63 Brock Paving $ 123,267.00 The Public Works Department has evaluated the six 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. 11 -002 for the Street Sub -grade Stabilization Project to Reliable Paving in the amount of $72,774.70. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 11 -8 -2010 Presented by: Eric Wilhite Agenda No. C.1 Subject: SUP 2010 -05 Public Hearing and Consideration of a Request from Goheen Enterprises for a Special Use Permit for a Variance from Masonry Requirements at 4028 Rufe Snow Drive Case Summary: The applicant, Mr. Ramon Goheen has been operating Goheen Enterprises /Professional Safety Systems at this location since 2004. Mr. Gohenn's business has continued to grow and is now in need of expanding both the site and the existing structure. This site expansion includes an expanded parking and vehicle storage area as well as expanding the existing metal building currently located on the property. The Code of Ordinances requires that all non - residential structures be 100 percent masonry on all wall elevations. If an applicant wishes to use facade construction other than masonry the Code of Ordinances, Section 118 -674 (C) other materials, creates a process for reviewing and potentially allowing non - masonry construction to occur if a Special Use Permit is approved. Mr. Ramon Goheen is requesting to construct the expansion of his current facility using a metal exterior similar to the existing structure. The new expansion will occur on the rear of the existing predominantly metal structure. The existing structure does include some masonry, approximately 30 percent on the front elevation which faces Rufe Snow Drive. Since materials other than those defined in the code as masonry are being requested, an SUP for an exception from the required masonry percentage associated with design and construction of the expansion is required. The new structure is being requested to be allowed to be painted metal on all sides except those on the front which extend past the edge of the existing structure and face Rufe Snow Drive. Mr. Goheen proposes to also increase the masonry on the front elevation of the existing structure by continuing the existing brick up to the roof line to cover the full elevation. Because the site is being expanded, there are other site planning related issues that are being addressed. The primary issues are related to the current parking located along Rufe Snow frontage, which currently extends into the right -of -way. This parking is being removed and the required 15 -foot landscape setback is being added, along with required landscaping. The new expanded parking and storage area will meet all current ordinances, such as masonry screening along public right -of -way, pavement type, and landscape requirements. Panning & Zoning Commissions recommendation: 4 -0 vote for approval of Special Use Permit request SUP 2010 -05 with the following condition; the proposed chain link fence along the north property line include weather proof slats in a natural color. Staff Recommendation: Because the applicant is adding masonry to the existing front facade, and will apply masonry to the new elevations that face public right -of -way, DRC recommends considering approval of Special Use Permit request SUP 2010 -05. I• I* io LOCATION MAP o — c — c — c d — — t letwiew Dr 1 L — i o AERIAL PHOTO t Glenview Dr 4t r L c P#� N40 r t P IN {j _ LA_ + r PROPERTY OWNER NOTIFICATTION H NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION .T X AND CITY COUNCIL EP Case #: SUP 2010- 05 Applicant: Goheen Enterprises Location: 4028 Rufe Snow Dr You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing to Consider a Request from Goheen Enterprises for a Special Use Permit for a Variance from Masonry Requirements at 4028 Rufe Snow Dr. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 21, 2010 If recommended for approval by the Planning and Zoning Commission, this request will be heard by the City Council on: CITY COUNCIL MONDAY, NOVEMBER 8, 2010 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N E LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of 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 North Hills Realty Inc Rosalio Padron William E French PO Box 820217 3929 Cedar Ridge Dr 6720 Starnes Rd Fort Worth Tx 76182 -0217 Bedford Tx 76021 -2967 NRH Tx 76180 -2609 Syed I & Syeda A Naureen Shan Syed Irfan Shah Dang Cong Huynh Etal 5823 Bay Club Dr 5823 Bay Club Dr 1731 Sterling Trace Dr Arlington Tx 76013 -5211 Arlington Tx 76013 -5211 Keller Tx 76248 -8747 Pamela King Ngolta & Kristy Sounavong Goheen Enterprises Inc 7101 Bridges Ave 6716 Marvin Brown St 4028 Rufe Snow Dr Richland Hills Tx 76118 -5808 Fort Worth Tx 76179 -3340 NRH Tx 76180 -8844 Paul M Enloe Nanji Enterprise Inc Mary Lou Brown 4024 Rufe Snow Dr 420 Isbell Rd 2311 Jennifer Ln Fort Worth Tx 76180 -8844 Fort Worth Tx 76114 -3831 Bedford Tx 76021 -7518 James M Brown Intrnl Union Oper Engers 178 6340 Baker Blvd 4025 Rufe Snow Dr Richland Hills Tx 76118 -6219 Fort Worth Tx 76180 -8845 ORDINANCE NO. 3118 SUP 2010 -05 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW THE USE OF BUILDING MATERIALS OTHER THAN THOSE SPECIFIED IN THE MASONRY DEFINITION ON PROPERTY LOCATED AT 4028 RUFE SNOW DRIVE; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow the use of building materials other than those specified in the masonry definition at the NRH Recreation Center located at the 4028 Rufe Snow Drive. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of November, 2010. 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 Front 'new Glenview Drive I y & --- C. b 0 m" 164 ObL. Vlow It & V01VT 1c1 no Apt' its - 1�girL7 ?mmhla Igni P& Z.►.41 C-Z D.,w C..4 F.uy d ua 2M.-I C-A �.. I N � ,.r, � .'�I .;���,�.� I:�' �i L'll'Ly so o. w.wa - -iopcood BuJIlLag OtddLfloa Lc. IBI P M,: C lillm c h tar ILA legend 10D j I i a 4 : I k � =h, P p;a. W, tzr ewe V I I'm wmrr 11719 I ixn tar it V.I. SGB-� Pg. pRfvr Pa N. Inkc Y—d Q-k i_d C-2 r b l A xF T i. n. llita Platt f l or LOT 1BI, BLOCK 1 lm ESTES SUBDIVISION A PXPLA:l Off lb - U, ALUCK 1, AS h:.HL-WL% M A FL&V IN CABIRF B, SUM lE4 _-RrCT, tNI> LOT 2RIJ, BLOCK 1, AS SFOWN 0 THE PLAT -MED IN VOLUME 328 16L, PAGE 5C. PLAT REDO•S TARrdJn COUNTY. TEY-ko Patron Oh-- ('Reside('Reside('Reside.[) C ZONEC Q 40?13 R.f. Cn., Drive i M ll.rtF Mh.nd llilLti T, 6100 3$595 R.Ft Fhoa! (5 71 595-3+32 C. 748 Ae lkug ►t kLlrj 1 071NITY MAP N'Ij ELEVATION PHOTOS SUB.TKCT - FRONT SBBJECT - REAR 9 NORTH SIDE a X - W C m +k 7 Q t y � » ƒ ww � � « 2 � � \ . � \: � �� � � ` : » �� � ^� �� , � .. .. . , < > . ^� �\ � z \ � � � . \ / /� � \ . . :. >� :\ � \� \��� q � . \ i � � �� . . � \� < y � § ? . . « ?�.% , � \�� � \ � �- � \� \ / \ <: � a «\ » d \/< ?�: :: . % ... 2 �{ %�`��� \ \����� /� s . . \ \�. �� ~� � :� ^ � !« �dw\ � � \�� \�. \ \ � »\ � » »» �,& EXCERPT FROM THE MINUTES OF THE OCTOBER 21, 2010 PLANNING AND ZONING COMMISSION MEETING SUP 2010 -05 Public Hearing and Consideration of a Request from Goheen Enterprises for a Special Use Permit for a Variance from Masonry Requirements at 4028 Rufe Snow Drive. Raymond Goheen, 4028 Rufe Snow, NRH came forward with a request for a Special Use Permit. He said his business builds police cars out of this lot and it has basically doubled in the last year and has a great need to expand the building. He has planned for an additional 5000 sq. ft. and according to building code has to brick the building. The existing building is metal corrugated only half way up facing Rufe Snow. His request is to not have to brick the expansion due to cost and it will not be seen from Rufe Snow. Chairman Shiflet asked about the parking lot to the north. Mr. Goheen said when they are up to speed approximately in December, he anticipates he will need the extra work space. He said last year he had around 80 units and he had to park them across the street. So he bought the lot to the north in order to have all the jobs on property due to security and insurance requirements. He said he planned on paving the lot and provide fencing for security. Chairman Shiflet asked what type of fencing would be installing. Mr. Goheen said he is proposing an 8 ft. chain link fence on the side, with masonry on the front per ordinance. Mike Benton asked if he had thought about any type of additional screening to the fence panels like slats, etc.? Mr. Goheen said only if it is required and will keep him from having to brick the building he will definitely do that. Mr. Goheen said his neighbor to the south provided a letter in support of the request. He gave the letter to the Chairman. Eric Wilhite came forward said Section 118.674C in the ordinance allow provisions for someone to come forward through the SUP process and request a masonry variance from the 100% masonry that is required per wall elevation on construction of commercial or non - residential projects. He said the existing building is wainscot high with brick on the front and the north, south and the east side is metal. He would like to construct the same type of metal on the new addition. When Staff was going through the SUP process, it was found that anything he does on the north side has to meet code. That is why the masonry screening fence and 15 ft. landscape setback with required plant material will be there. But since he is expanding basically nonconforming use on the south, Staff worked with him to reconfigure his front parking lot and is adding a little bit of landscape setback and buffer yard that will have the required trees and shrubs in the public right of way. He will have a masonry screening wall there required by ordinance because of the outside storage. To properties to the north, zoned C -2, by ordinance screening is not technically required but he is requesting the SUP for variance of the masonry and for security purposes proposing to put up a chain link fence across the property. Staff suggested during the DRC process that anything facing Rufe Snow needed to be upgraded either or existing or proposed. So anything already bricked, Mr. Goheen will continue to brick all the way up. On the front portions that protrude out from behind the existing building, he will put masonry. On the north side view, it will mimic what the south side view will be. If the existing has metal on it, then the proposed building on the other sides will have metal. Mike Benton asked how tall was the chain link fence? Eric Wilhite said he is proposing 8 ft. which is the maximum height, but he could possibly only go 6 ft. Don Bowen asked if the slats were to be required on the fence, what is the life expectancy of a fence of that style? Eric Wilhite said he doesn't know for sure, it would vary based on the quality of product you bought. But it would be cheaper than masonry or wrought iron if they were required. Bill Schopper asked if there has been anyone talking about developing the southeast corner of Rufe Snow? Eric Wilhite said no, not at this point in time. Bill Schopper said that would be his only concern that you see southbound on Glenview on the opposite that would not look attractive. Eric Wilhite said it's a fairly small lot and would take a redevelopment of at least 2 or 3 tracts to get anything to develop right there. It would have to be a very small office type use because it would not be able to meet the standards for parking and landscaping and have enough retail space to do anything with. Also, the City is looking at doing a several million dollar intersection improvement to Glenview / Rufe Snow intersection. Chairman Shiflet asked if potentially additional right of way could be taken off of the corner? Eric Wilhite said no, not more than 2 or 3 ft. at the most. Chairman Shiflet opened the Public Hearing and called Mr. Bentley to speak. Ronnie Bentley, 4025 Rufe Snow, NRH came forward and said he doesn't want anyone to make the applicant have any more expenses. He owns the business across the street and would like the front of the proposed building to be raised up more consistent where you don't look at a metal roof. He referred to what the City made him do with the fagade and made the expenses double. There was a general discussion about the gable on the building and the raising of the front fagade. Don Bowen asked if the front was raised would it create a drainage problem? Eric Wilhite said he would probably have to put a gutter system behind it if he goes with a 2 or 3 ft. parapet wall. There would have to be some structural enhancement if you go above the eave line as it is in. Chairman Shiflet read the letter submitted from Paul Enlow, CEO, Dial Communications, 4024 Rufe Snow, NRH, in favor of SUP 2010 -05. He disagrees with the requirement of brick on the back of the property and said that requiring small business owners to incur those expenses in these economic times is excessive and abusive. He stressed that the applicant or himself do not reside in NRH and could very easily take the City's tax dollars elsewhere. Chairman Shiflet closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve SUP 2010 -05 with the exception that an 8 ft. chain link fence with screening slats of neutral colors to match the proposed and existing building to help hide wall to the north be approved. Bill Schopper seconded the motion. The motion carried unanimously (4 -0). Don Bowen asked about the integrated slats Mr. Goheen asked if an 8 ft. fence would be an option if it were less expensive on the north side. Chairman Shiflet said no, with the SUP process it would not be an option. Bill Schopper asked Mr. Goheen if he has talked to the architect about taking the masonry up from the bottom ? Mr. Goheen said yes there has been some discussion about the structural changes that would need to occur based on what was approved. Mike Benton asked if Code Enforcement would enforce the maintenance of the fence? Eric Wilhite said yes, either Code Enforcement or he and Dave Pendley would issue citations for non - compliance. Bill Schopper asked if there was anything that could be done to amend the additional height for the roof or was there merit to the request? Chairman Shiflet stated that as stated in the letter and the situation with the applicant, it becomes cost prohibitive. He understands the concern of Mr. Bentley, but since we are trying to redevelop the south side of town, when an opportunity comes to enhance an existing business it should be taken, as opposed to an empty business. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 11 -8 -2010 Presented by: Eric Wilhite Agenda No. C.2 Subject: SUP 2010 -06 Public Hearing and Consideration of a Request from Ronald Dunlap for a Special Use Permit for a Three Car Detached Garage at 7955 Bursey Road - Ordinance No. 3119 CASE SUMMARY: The property owner, Jack Roth, represented by Ronald Dunlap, is requesting the approval of a Special Use Permit (SUP) in order to construct an accessory structure of approximately 704 square feet at his residence located at 7955 Bursey Road. Section 118 -719 of the City of North Richland Hills Zoning Ordinance requires that accessory structures 500 square feet or larger located and constructed in an agricultural zoning district, require the approval of a SUP. The requirement for a special use permit is a restriction that was previously added to the regulations in the Agricultural and R -1 -S district to monitor accessory buildings, structures and uses. The proposed structure is a three (3) car garage, but since it is not attached to the primary residential structure by definition it is considered an accessory structure. While the property is platted it is not in a residential zoning classification. Since the primary structure is not being expanded there is nothing to trigger requiring that the property be brought into a residential zoning classification at this time. EXISTING ZONING: Existing zoning is "AG" Agricultural. EXISTING PLATTING: Lot 1A, Block 13, Fair Oaks Estates Addition. COMPREHENSIVE PLAN: The Comprehensive Plan depicts low density residential uses for this area. ADJACENT ZONING /LAND USE: North: "R -2" / Single Family East: "AG" / Agricultural South: "R -1" / Single Family West: "R -2" / Single Family THOROUGHFARE PLAN: The site fronts Bursey Road, a two lane, undivided minor collector (C2U). PLANNING & ZONNING COMMESION RECOMMENDATION: 4 -0 vote for approval of SUP 2010 -06. STAFF RECOMMENDATION: Approval of SUP 2010 -06, Ordinance No. 3119. LOCATION MAP 1- FIT D r + I JTT \ T AERIAL PHOTO Si lverleaf �Dr w .'L 1•F tot AV l kt mk K. P i l l i��7 ��� 0 PROPERTY OWNER NOTIFICATION xL,�a NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION T . AND CITY COUNCIL EXA Case #: SUP 2010- 06 Applicant: Ronald Dunlap Location: 7955 Bursey Rd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing to Consider a Request from Ronald Dunlap for a Special Use Permit for a Three Car Detached Garage at 7955 Bursey Road. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION THURSDAY, OCTOBER 21, 2010 If recommended for approval by the Planning and Zoning Commission, this request will be heard by the City Council on: CITY COUNCIL MONDAY, NOVEMBER 8, 2010 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N E LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of 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 Robert G Etux Ginger B Ward Abraham & Jiji Andrews Raymond Jr Etux Jane Lukensow 7813 Smithfield Rd 7121 Greenhill Trl 7945 Smithfield Rd NRH Tx 76182 -9234 NRH Tx 76182 -7725 Fort Worth Tx 76182 -8802 Jay Scott Etux Debra Lambert Thorton Etux Shelley Cornell Gary Cantwell 7951 Bursey Rd 7532 Bursey Rd S 7540 Bursey Rd S NRH Tx 76182 -8800 NRHills Tx 76182 -8723 NRH Tx 76182 -8723 John L Etux Gladys M Martin Linda S Etvir Paul Timmons Amanda E EtvirAaron Spina 7620 Silverleaf Dr 7624 Silverleaf Dr 7812 Calvert Ln NRH Tx 76182 -8736 NRH Tx 76182 -8736 NRH Tx 76182 -8732 Steven Etux Betty Zieminski Terry Etux Tamela B Love Alison Olsasky 7808 Calvert Ln 7804 Calvert Ln 7800 Calvert Ln NRH Tx 76182 -8732 NRH Tx 76182 -8732 NRH Tx 76182 -8732 Terry Etux Kathy Martin Timothy C Etux Charlene Allen Sincera Custom Homes LLC 7825 Green Valley Dr 7704 Silverleaf Dr 8505 Brandonwood Dr NRH Tx 76182 -7359 NRH Tx 76182 -8789 N R H Tx 76182 -6741 James Etux Barbara Tedesco Jeremy Etux Susan Hudson Jack W Etux Melba Ann Roth 7712 Silverleaf Dr 7716 Silverleaf Dr 7955 Bursey Rd NRH Tx 76182 -8789 NRH Tx 76182 -8789 N R H Tx 76182 -8800 ORDINANCE NO. 3119 SUP 2010 -06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A THREE CAR DETACHED GARAGE ON PROPERTY LOCATED AT 7955 BURSEY ROAD; 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 and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow the construction of a three car detached garage on property located at 7955 Bursey Road. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of November, 2010. 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 c, Ml N 30'46'50" E 39 04' (REC N 31'50'[0' E 4125') yURSEY ROIL' 4• �e.�L" -2L � // / NEB i 9uaolNC I I 11 s o � o p O LOT 1 4. °• J �✓ I, f I I I I � - - YEAS 5 � 3 00'0'1'25 "A 121 30' \aam xav � °trerr n SGBltaatt ve �. '� 04 i4 °.oV. I 9 i cc ..�i . °z x°ne eka.va T I e e o r ��� � w e_xet u � u xro. vea.r e• e° ,a Y � Y t � / e/ ei�ae i /s�...we / a arez /ez ro..� ...a a -w� a ��... w e, v. w...,... r °i•+e'° u...u.+uw ... ° • v , \_ ve �e no �zze ez xiux /w z, a omcr : _,:,vri ' �°�— mm vo xx(el,lµx- II��'11vi -•G� RENDERING OF PROPOSED GARAGE 3M, 7955 Bu',_ I F , t3RtCK 1 ! ul i ! [ gAl ,: K 1 lttlf�Tt1 EL�dAloiv- I i 1v STE -11gTloN ! EXCERPT FROM THE MINUTES OF THE OCTOBER 21, 2010 PLANNING AND ZONING COMMISSION MEETING SUP 2010 -06 Public Hearing and Consideration of a Request from Ronald Dunlap for a Special Use Permit for a Three Car Detached Garage at 7955 Bursey Road Chairman Shiflet opened the Public Hearing and called Mr. Dunlap to the stand. Ron Dunlap, 7248 Glenview Dr, NRH came forward representing the homeowner with a request to build a three car garage on their property at 7955 Bursey Road. Since the property is zoned Agricultural they are requesting an SUP to build the detached garage. Eric Wilhite said this SUP is to construct an accessory structure that is over 500 sq. ft. Mr. Roth's property is platted and currently zoned Agricultural and by ordinance requires the SUP process. He is requesting to build a three car garage, brick with masonry matching the other exterior. Staff has reviewed the request and recommends approval. Jack Roth, 7955 Bursey Rd, NRH came forward as the homeowner stating that this is for personal use and storage and not any business related activities. The location of the garage will not block any views and will match the property in that area. APPROVED Mike Benton motioned to approve SUP 2010 -06, seconded by Don Bowen. The motion was carried unanimously (4 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 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 -8 -2010 Presented by: Eric Wilhite Agenda No. D.1 Subject: RP 2010 -02 Consideration of a Request from Quick Trip to Approve a Replat creating Lots 1 R and 2R -1, Block 1, Five Star Ford Addition (located at the SW Corner of Rufe Snow Drive and NE Loop 820 - 16.081 acres.) Case Summary: The applicant, Quick Trip Corporation, represented by JD Dudley, is proposing to replat a 16 acre lot into two separate lots. The proposed replat includes property where the Sam Pack 5 Star Ford dealership is located, and will subdivide off 1.55 acres in order to create a lot for the proposed Quick Trip (QT) convenience store. The remaining 14.52 acres will be the lot where the existing auto dealership will remain. The replat will consists of dedicating mutual access easements as well as abandoning unneeded utility easements that are located on the proposed lot 1 R (QT location). Current Zoning: C -2 (Heavy Commercial) with SUP. Thoroughfare Plan: The lot has frontage on the eastbound access road of NE Loop 820 and Rufe Snow Drive a major collector street (M4U) with 70 feet of Right -Of -Way. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. 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. Sidewalks are required as part of this subdivision. Therefore, the developer will be required to assume 100% of the amount required for such improvements. Panning and Zoning Commissions Recommendation: 4 -0 vote for approval of replat request RP 2010 -02. Staff Recommendation: Approval of replat request RP 2010 -02. C LOCATION MAP Co bs Road cl) NE Loop 820 G1 Ll 44.� Y 7 1 % AERIAL PHOTO X11 ' I ' -. � - . � �" .:�' � '' Vr 7 • -7 11L NE r7i 'o r '42 Zak OVY CD -1 a F = REPLAT EXHIBIT r ��r o M LOOP 020 , wwTr uar w ^4 , — ..... •.... :. W; iFl -=. BLIICN I •In'. . ,,. :`R'a. "..� �? ` ZV r : . I .s • i " I n : : I I , I , i uc v,,.aws I FINAL PLAT I - -��� �_ -_ �..�• I .,, •®uuw .N,LU• LO 1R AND 7R -1, SOCK 1 FI VE STAR FORD AMM TH M 4 r-o a ..r:n •••.,. " I �. � e�. ,w .r ,a 1 _ ___ _ _ _ _ _ ��'�`"� u , "r 3 i= 1 +v.Nl.v[ 1:, n;>_�aF _...mr1. r_ -_ . n .. .,,.y r.y..... ., ...�.. .. .... . .. . ... .» � r�s v.nT rllrn a cw.rr aa�5 ru ua o ♦TG sl¢T I ff x � o h vs I to I ST 1 Hot 1 3R!N;;6 Not 1: to in 1 1 1 man go Axims 102 to To prigoNsc ONTO My j . � 1 511191IRS A Q 141959, ; jQ,fjj :1 oil Of 11§1§11 f" it 1 RAWIT 1P vy 0 MM�W raw 16, pit R TIK, Q1 j; "NE 9R 4; q; q A A "Pill R rt If "I 4 EXCERPT FROM THE MINUTES OF THE OCTOBER 21, 2010 PLANNING AND ZONING COMMISSION MEETING RP 2010 -02 Consideration of a Request from Quik Trip to Approve a Replat creating Lots 1 R and 2R -1, Block 1, Five Star Ford Addition (located at the SW Corner of Rufe Snow Drive and NE Loop 820 — 16.081 acres.) Jake Bayer, Real Estate Manager for Quick Trip Corporation, 1120 N. Industrial Blvd, Euless, TX came forward. He stated they have acquired the property and plan to build a convenience store on this property. They have worked with City Staff and Five Star Ford regarding the shared access points and are ready to begin construction. Mike Benton asked how soon they plan on breaking ground once the replat is approved? Mr. Bayer said he expects demo to start in the new few weeks. Eric Wilhite said this is a replat of what is known as the Five Star Ford Addition. There is an existing structure there now which will be demolished and new construction of the Quick Trip will begin soon. There is a mutual access easement there now that they will be utilizing with Five Star Ford and another access point off of the NE Loop 820 eastbound access road. There are some improvements that will be occurring in the median and intersection on Rufe Snow for people coming in from the south. The plat meets all the subdivision rules and regulations and Staff recommends approval. Bill Schopper asked if the mutual access will come from the south and not enter right on to Rufe Snow Drive? Eric Wilhite said that is correct. There is a right out only but in order to get into the Quik Trip from the south you must take the southernmost entry. Chairman Shiflet said there is a cross access at the SW corner as well? Eric Wilhite said yes. There are a few blank spots on the plat where they are abandoning some utility easements and about 75% of the franchise utility companies have signed off on them. APPROVED Bill Schopper motioned to approve RP 2010 -02, seconded by Mike Benton. The motion was carried unanimously (4 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 11 -8 -2010 Presented by: Eric Wilhite Agenda No. D.2 Subject: RP 2010 -03 Consideration of a Request from The City of North Richland Hills Parks and Recreation Department to Approve a Replat creating Lots 1 and 2, Block 1, NRH Civic Center Addition (located at 6000 Hawk Ave. - 14.509 acres.) Case Summary: The North Richland Hills Parks and Recreation Department, is proposing a replat of 14.5 acres to create two lots. The platting is being done in order to combine two city owned properties into one plated lot which will also include the establishment of several easements necessary for the construction of the City's new Recreation Center /Senior Center. The lot identified on the replat exhibit as Lot 1 is the property where the NRH Public Library is located. This platted lot will be combined with a tract which has never been platted that is contiguous on the north side of the library lot. The lot identified on the replat exhibit as Lot 2 is the unplatted tract where the new Recreation /Senior Center will be located. Current Zoning: U (institutional) and TC (town center) Thoroughfare Plan: The lot has frontage on Hawk Avenue a 2 -lane, undivided minor collector street (C2U) with 60 feet of right of way. Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Services and Office uses for this area as well as Public /Semi - Public uses (Library lot) 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. Sidewalks are required as part of this subdivision. Therefore, the developer will be required to assume 100% of the amount required for such improvements. Planning and Zoning Commissions Recommendation: 4 -0 Vote for approval of replat request RP 2010 -03. Staff Recommendation: Approval of replat request RP 2010 -03. LOCATION MAP j Bud Jensen Dr 111 r ~� �,;• te•• �� � ,� it `,� •� `\ ,�� Tin j AERIAL a _ Bu d Jensen Dr f � Ir, REPLAT EXHIBIT l BE C. WAG SU C _jo LrT 2. 3, OCK I ClVif CZ_NTER Aff"TkIlm n 441,489 5:0. 7 16•135 AC. �: [ H ' ------------------- - o oN "A C&11 19'49 C. rig li, '07 &OCK SJ. FF- 4-1,19 AC. DL AIL A 4 LOCA'10 MAP j71 N LCGEND FINAL PLAT .f LOTS 1 IS 2, BLOCK 1 NRH CIVIC CEN[TERADDITION BEING A REPLAT OF LOT 1, BLOCK I NRH LIBRkRYADDITiON o,Adft L.C. WALKER SURVEY. ABSTRACT NO, 1652 T.-m Canny, Tw. ....... . ....... 4 i �o ro w j f � Q v yy -5 1ii111 � - L Y T JS _ .-. ._ � L L� C ._ L� r I I o I I x to I Y W ish ... .. ...... .. .. 1 I. ., I 111 it WA ban oil IRISH N it tit 1 AwN it to ilk I y , _ e _ I :5 s I i EXCERPT FROM THE MINUTES OF THE OCTOBER 21, 2010 PLANNING AND ZONING COMMISSION MEETING RP 2010 -03 Consideration of a Request from The City of North Richland Hills Parks and Recreation Department to Approve a Replat creating Lots 1 and 2, Block 1, NRH Civic Center Addition (located at 6000 Hawk Ave. — 14.509 acres Bill Thornton, Assistant Director of Parks and Recreation for NRH came forward representing the City as the applicant in the replat of the property. Receiving the approval of the replat is a necessary prerequisite to receiving the building permit. They wish to begin construction within a few months. Eric Wilhite said this will be called the NRH Civic Center and part of the replat will take in the library tract which is in the Town Center Zoning. The Civic Center tracts recently underwent a zoning change from Industrial and Ag to Institutional. This will tie into the street sections on Hawk Avenue and pay homage to the library and connectivity because we think this is an important portion that is within the Town Center concept. Staff has reviewed this and recommends approval. APPROVED Don Bowne motioned to approve RP 2010 -03, seconded by Mike Benton. The motion was carried unanimously (4 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 11 -8 -2010 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2010 -039 Terminate the Construction Contract of Project RFB No. 10 -041 to J & T Excavating in the Amount of $1,109,257.10 for the Construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road and Award this Project to JLB Contracting in the amount of $1,116,622.81 Summary The City Council is being asked to terminate a construction contract with J & T Excavating ( "J &T ") for the Douglas Lane Street and Utility Improvements Project (the "project "), authorize the City Manager to execute a settlement agreement with J &T's bonding company (SureTec Insurance Company) and award the project to JLB Contracting. General Description On July 15, 2010, a bid opening was conducted for the project and seven bids were received. The project was set up with a Total Base Bid and two Alternate Bids. Alternate #1 was for the construction of temporary asphalt pavement within the Douglas Lane Right -of -Way (ROW) to accommodate one direction of traffic. Alternate #2 is similar to Alternate #1, except the temporary asphalt pavement would be constructed wider to accommodate bi- directional traffic. The results from this bid opening are provided below: CONTRACTOR NAME BASE BID ALTERNATE #1 ALTERNATE #2 J &T Excavating $1,017,995.10 $52,198.00 $91,262.00 JLB Contracting $1,027,447.61 $55,571.00 $89,175.20 Stabile & Winn $1,029,404.30 $59,941.50 $104,034.00 McClendon Construction $1,089,345.80 $57,589.00 $91,366.00 Jackson Construction $1,113,510.85 $79,152.00 $120,100.00 RKM Utility Services $1,119,427.15 $56,475.00 $106,600.00 Corr Tiseo Paving pany $1,171,668.19 $81,770.00 $140,756.00 The project is designed to widen approximately 2,700 linear feet of the roadway from an existing 18 -foot wide asphalt street to a 40 -foot wide concrete collector street in compliance with the City's Master Thoroughfare Plan. The existing bar ditch drainage system will be replaced with an underground drainage system in compliance with current city criteria. In addition, the existing 16" diameter water main will be replaced and sidewalks will be constructed on both sides of the street. On August 9, 2010, the City Council awarded the project to J & T Excavating in the amount of $1,109,257.10. Following this award, staff had the appropriate contractual documents sent to J &T for their and their bond company's execution. Upon receiving the executed contract documents, the appropriate individuals from the City executed these documents on behalf of the City. A Pre - Construction Conference was conducted on September 16, 2010 at which time a "construction start date" of September 30, 2010 was mutually agreed upon. However, shortly thereafter (first week of October), staff learned that J &T was not going to be able to perform. In order to learn more about this situation, staff contacted SureTec Insurance Company ( "SureTec "). SureTec informed staff that J &T was no longer going to be in business. Staff re- examined the project's bid tabulation to determine if the second lowest bidder would be appropriate for the project. The second lowest bidder was JLB Contracting ( "JLB ") who has had a lot of experience with staff and the construction of CIP Projects in North Richland Hills. In fact, within the past year, JLB has successfully completed the Briley Drive Reconstruction Project. JLB's bid was $7,365.71 more than J &T's bid which equates into a total bid of $1,116,622.81. JLB has agreed to honor their bid amount even though the time period for "holding bids" has expired. Staff inquired with SureTec to see if they would be willing to pay the difference between J &T's bid and JLB's bid. SureTec was receptive to this idea; however, prior to providing the City with the $7,365.71 difference, SureTec requires a settlement agreement to be executed between the City and them. Within days of this initial conversation with SureTec, staff received the settlement agreement and forwarded it to the City Attorney for his review. The City Attorney has reviewed the agreement and found it adequate for the current situation. There is sufficient construction funding for this project in the FY 2010 -2011 Capital Projects Budget. Recommendation: 1. Terminate the Construction Contract of Project RFB No. 10 -041 to J & T Excavating in the amount of $1,109,257.10 for the construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road; 2. Authorize the City Manager to execute the settlement agreement with SureTec. 3. Award Project RFB No. 10 -041 to JLB Contracting in the amount of $1,116,622.81 for the construction of the Douglas Lane Street and Utility Improvements Project (ST0801) from Hightower Drive to Starnes Road; and 4. Authorize the City Manager to execute the required agreement with JLB Contracting. :. x Douglas Ln a Xk L Street & Utility " a. Improvements IJ eorltr.:y z ILIA . . .... _....., R (Hightower Dr to _ Starnes Rd) z G . ". P k11 cl t 2. �3 r a I r, r x STARVES Rte x d ri `k c FJ ",u 1A NG 2 f 1 !'hWK N F 7 h: w- , I`'�� Q . fiX6�6, V �. A:. R 1 `tD H ILL S „t« ='v4f FYI b ..ti 1 i' HIGHTOWER CR 1 4. FFA CT Project Locator Map .....__ wa,. . y m Dou Ln b t Street & Util [mprovements (Hightower to Zq F k-i+^e 4TY Ffy� - s k Starnes Rd) CHAPMAN RD Settlement & Release Agreement This Settlement& Release Agreement (this "Agreement ") is made and entered into this day of , 2010, by and between The City of North Richland Hills ( "Obligee "), and SureTec Insurance Company ( "Surety "). WITNESSETH WHEREAS, Obligee entered into a written subcontract (the "Subcontract ") dated August 9, 2010, with J &T Excavating, LLC ( "Subcontractor ") for work described as the Construction of Douglas Lane from Hightower Drive to Starnes Road (the "Project "), and WHEREAS, Surety and Subcontractor, on or about August 19, 2010, provided a Subcontract Performance Bond No. 4380663 (the "Performance Bond ") in favor of Obligee to secure the performance obligations of Subcontractor under the Subcontract, and WHEREAS, Surety and Subcontractor, on or about August 19, 2010, provided a statutory Payment Bond No. 4380663 in favor of Owner to secure the payment obligations of Subcontractor to suppliers and subcontractors; and WHEREAS, prior to mobilization, Subcontractor is unable to perform Subcontract, and WHEREAS, there remained unpaid the sum of $ including retainage, under the terms of the Subcontract between Subcontractor and Obligee for completion of the work; and WHEREAS, the Obligee arranged for the completion of the Subcontract, and the cost for such completion exceeds the unpaid Subcontract balance by $7,365.71, and WHEREAS, Surety and Subcontractor have agreed to tender to Obligee that amount of $7,365.71 to satisfy Subcontractor's obligation to Obligee and Surety's performance bond obligations to Obligee; NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the payments herein recited, and other good and valuable consideration, the Obligee and Surety have agreed and do hereby agree as follows: 1. Surety agrees to pay to the order of the Obligee, and Obligee agrees to accept, the sum of $7,365.71 in full and final settlement of all of Surety's obligations to Obligee, whether known or unknown, under the Performance Bond. Such amount shall be paid within ten days of the execution of this Agreement and the return to Surety at Surety's offices in Austin, Texas of the original Subcontract Performance Bond marked "CANCELLED" on the face thereof. 2. The Obligee hereby releases and forever discharges Surety from any and all claims, demands, causes of action, damages, and /or expenses, known or unknown, arising out of or in any way related to the performance of the Subcontract and /or the Performance Bond. 3. The Obligee, without recourse or warranty, hereby assigns, sells, and transfers and subrogates Surety to, to the extent of the aforesaid payment, Obligee's rights, claims, causes of action, and demands against Subcontractor. 4. Surety agrees to investigate and discharge its liability under the Payment Bond issued by it as to all lawful demands upon it by subcontractors and suppliers to Subcontractor for labor and material used, consumed and expended in connection with Subcontractor's Subcontract prior to its abandonment of the work on the Project. In no event shall Surety be liable for any labor, materials, or equipment furnished to or for Subcontractor after the date of Subcontractor's default. 5. The parties hereby confirm that this Agreement constitutes the entire terms of their agreement and further acknowledge that they have read and understand this Agreement constitutes a full, complete and final settlement and release. 6. This Agreement shall be governed by the laws of the State of Texas. CITY OF NORTH RICHLAND HILLS SureTec Insurance Company By: By: Mark Hindman, City Manager Michael Cronin, Surety Claims Representative Date: Date: Attest: Attest: City Secretary Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Mark Hindman Agenda No. F.1 Subject: GN 2010 -094 Consideration of Amending Sections 2- 67(e)(2) and 2- 67(e)(8) of the Code of Ordinances and the Council Rules of Procedure Pertaining to Citizens Appearances - Resolution No. 2010 -031 Summary Staff has been asked to prepare proposed rule changes to the Council Rules of Procedure. The proposed changes will amend Section 2- 67(e)(2) and 67(e)(8) of the Code of Ordinances by adding provisions to allow for additional citizen input. General Description Council has been discussing during recent work sessions possible revisions to the Council Rules of Procedure. Based on the input received from Council, the City Attorney has prepared an ordinance to revise the rules. The proposed ordinance amends Section 2- 67(e)(2) and Section 2- 67(e)(8) by 1) clarifying the procedure for persons wishing to speak on agenda items that are not listed as public hearing items and 2) adding a provision that would not allow comments during citizens presentation on matters in which Staff is scheduling stakeholders meetings or other meetings designed to solicit citizen input within 60 days. Below is the current wording of the two sections of the Code of Ordinances that will need to be amended with the proposed language in green. Section 2- 67(e)(2) Any peFSE)R wishing to -speak at a PUl9liG heariRg Geheduled en the ag Rda shall seMp lete,a P 61bfis Fneetin g appeaFaRGe saFd aR d ^r° e rit to - the G seG Feta Fy P F ieF teth e at�eF - Ihei A g Feas#ed . J FeG by the maYE)F the peFSeR may speak ^r present-evideRGe- sleet -te the Rga#er being- heaFd. Pie- pe-rSee -Rgay speak f+Fst being resGgRiL ed by the ma .4 peF wish to -speak $R the matt ei: shall he "mated +^ three ri��rutes eash and�#eFe is,a - GUm iI, cnut i ve li m i t ef 60 m i nutes f -GF a these speakipq On favnx -a an item ap.d a like limit for those speak O n oppos The - time - limit - may -he ex#°yea - b ;a- me}er;ty Yete of the ee��E+l. The Fnaye - may else, 'Kith #e- eeRstFFer}ceef the -c+ tee f the eeumerated time alaesatiess -based GR the eE)MpaeXity-- ef- t#e item And th (a) Any person wishing to speak at a public hearing scheduled on the agenda shall complete a public meeting appearance card and present it to the city secretary prior to the matter being reached. (b) Any person wishing to speak on an item on an agenda which is not listed as a public hearing may complete a public meeting appearance request card and present it to the city secretary t 1 1 t ® prior to the matter being reached. Any member of the council, including the mayor, may request that the person be heard. ' Unless another member of the council objects, the mayor shall allow such person to speak. If there is an objection the mayor shall submit to the council the question of whether the person shall be heard. If a majority votes to hear the requestor, the mayor shall allow such person to speak. (c) No person may speak without first being recognized by the mayor. All persons wishing to speak on the matter shall be limited to three minutes and there is a cumulative limit of 30 minutes for all those speaking for an item and a like limit for those speaking in opposition. Any such time limits may be extended by majority vote of the council. The mayor may, with the concurrence of the council, alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. Section 2- 67(e)(8): The citizen's comments portion of the city council meeting is set for members of the public to address the city council on any item of business that is not formally scheduled on the agenda or scheduled as a public hearing. Members of the public should complete a public meeting appearance card prior to the item being heard and present it to the city secretary. Such public appearance cards will state the rules for citizen presentations and an acknowledgment by citizens that they understand and will adhere to the rules regarding speaking during citizen's presentation. Citizens' comments are generally permitted at the beginning of the regular meeting, after ceremonial items, as specified on the agenda. Presentations shall be limited to three minutes each. Citizens' comments shall be limited to a cumulative total not to exceed 30 minutes for all speakers. If such comments exceed such limit the council may extend such time or hear them after other business has been completed. Presentations under citizen's comments are limited to matters within the subject matter jurisdiction of the city. Citizen comments concerning matters which are or will be scheduled for consideration by the council or another city board or commission at a later date will not be allowed. No citizen comment will be allowed on any matter on which staff has scheduled or will be scheduling stakeholder meetings or similar meetings designed to solicit citizen input within 60 days, it being council's intent that such comments be made at such meetings. In compliance with the Texas open Meetings Act, V.T.C.A., Government Code § 551.001, et seq., the city council may not deliberate or vote on any matter raised in citizen comments, except for the purpose of determining whether such matter should be placed on a future city council agenda. The mayor, however, may request the city manager to provide additional information on a matter of general interest to the full council, the public at large and to the citizen making the comment. If a factual question is asked and a staff member has ready knowledge of this, the staff member will be requested to provide immediate response at the council meeting. If an inaccurate statement is made and a staff member is aware of this, the staff member is requested to respond immediately at the council meeting. If the citizen inquiry is one that is either quite involved, lengthy, and /or requires research, but is one of general interest to the populace, a follow -up response to the citizen presentation can be made at a future council meeting; it may also be desirable to replay the original telecast of the citizen's inquiry. If the citizen inquiry is of a private matter or individual nature, an individual follow -up may be the approach rather than the above. According to the Rules of Procedure, before the Council can take formal action to approve an ordinance amending the rules, any amendments must first be introduced into record at a previous Council meeting. Resolution No. 2010 -031 introduces into record the Council's desire to amend the rules. The ordinance amending the rules will be placed on the December 13 Council Agenda for Council to take official action. Recommendation To approve Resolution No. 2010 -031 entering into record the Council's desire to amend the Council Rules of Procedure. RESOLUTION NO. 2010 -031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: Ordinance No. 3120 has been received by the City Council and it is ordered that it be placed on the next regular agenda for consideration and /or approval. PASSED AND APPROVED this 8th day of November, 2010. 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 ORDINANCE NO. 3120 AN ORDINANCE AMENDING SECTION 2.67(e) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE COUNCIL RULES PERTAINING TO CITIZEN APPEARANCES. WHEREAS, the City Council desires to amend its rules for citizen participation in city council meetings to allow for additional citizen input and provide more opportunity for expression of opinions while preserving order and encouraging participation in more focused meetings established for such participation; and, WHEREAS, the City Council finds that its rules should be modified to better meet such goals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Subsections (2) and (8) of Section 2 -67(e) of the North Richland Hills Code of Ordinances be amended to read as follows: (e) Presentations by the public. (2) (a) Any person wishing to speak at a public hearing scheduled on the agenda shall complete a public meeting appearance card and present it to the city secretary prior to the matter being reached. (b) Any person wishing to speak on an item on an agenda which is not listed as a public hearing may complete a public meeting appearance request card and present it to the city secretary prior to the matter being reached. Any member of the council, including the mayor, may request that the person be heard. Unless another member of the council objects, the mayor shall allow such person to speak. If there is an objection the mayor shall submit to the council the question of whether the person shall be heard. If a majority votes to hear the requestor, the mayor shall allow such person to speak. (c) No person may speak without first being recognized by the mayor. All persons wishing to speak on the matter shall be limited to three minutes and there is a cumulative limit of 30 minutes for all those speaking for an item and a like limit for those speaking in opposition. Any such time limits may be extended by majority vote of the council. The mayor may, with the concurrence of the council, alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item. (8) The citizen's comments portion of the city council meeting is set for members of the public to address the city council on any item of business that is not formally scheduled on the agenda or scheduled as a public hearing. Members of the public should complete a public meeting appearance card prior to the item being heard and present it to the city secretary. Such public appearance cards will state the rules for citizen presentations and an acknowledgment by citizens that they understand and will adhere to the rules regarding speaking during citizen's presentation. Citizens' comments are generally permitted at the beginning of the regular meeting, after ceremonial items, as specified on the agenda. Presentations shall be limited to three minutes each. Citizens' comments shall be limited to a cumulative total not to exceed 30 minutes for all speakers. If such comments exceed such limit the council may extend such time or hear them after other business has been completed. Presentations under citizen's comments are limited to matters within the subject matter jurisdiction of the city. Citizen comments concerning matters which are or will be scheduled for consideration by the council or another city board or commission at a later date will not be allowed. No citizen comment will be allowed on any matter on which staff has scheduled or will be scheduling stakeholder or similar meetings to solicit citizen input within 60 days, it being council's intent that such comments be made at such meetings. In compliance with the Texas Open Meetings Act, V.T.C.A., Government Code § 551.001, et seq., the city council may not deliberate or vote on any matter raised in citizen comments, except for the purpose of determining whether such matter should be placed on a future city council agenda. The mayor, however, may request the city manager to provide additional information on a matter of general interest to the full council, the public at large and to the citizen making the comment. If a factual question is asked and a staff member has ready knowledge of this, the staff member will be requested to provide immediate response at the council meeting. If an inaccurate statement is made and a staff member is aware of this, the staff member is requested to respond immediately at the council meeting. If the citizen inquiry is one that is either quite involved, lengthy, and /or requires research, but is one of general interest to the populace, a follow -up response to the citizen presentation can be made at a future council meeting; it may also be desirable to replay the original telecast of the citizen's inquiry. If the citizen inquiry is of a private matter or individual nature, an individual follow -up may be the approach rather than the above. AND IT IS SO ORDAINED. PASSED AND APPROVED on the day of , 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 11 -8 -2010 Presented by: Vickie Loftice Agenda No. F.2 Subject: PU 2010 -026 Authorization to Reject All Bids Received for Bid #11 -004 for the Construction of the New Food Services Building and New 2011 Attraction at NRH2O Summary This item is to reject all bids received for the construction of the new food services building and the new 2011 attraction located in the southwest area of the park. All of the bids received exceeded the available funding. General Description The approved NRH2O Family Waterpark Capital Improvement Program for FY 2010- 2011 includes funding for two projects, the new food services building and the new water park attraction at NRH2O. The proposed improvements include the removal of the existing "Hopper" Building to accommodate the construction of a new food services building and the addition of a new water slide attraction in the southwest area of the park. The project design and bid specifications were developed by the project architect Schrickel Rollins and Associates based on the budget amount provided to them by City staff. 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. Bid specifications were viewed from the City's website by seven (7) vendors. Six (6) Competitive Sealed Proposals were received from contractors on October 26 2010. Pricing was provided as follows: Base Proposal The Fain Group, Inc. $3,053,692.05 Modern Contractors $3,137,000.00 Ratcliff Construction $3,186,000.00 Byrne Construction $3,304,000.00 Hasen Construction $3,350,000.00 AUI Contractors $3,413,000.00 The total available funding for construction is $2,141,810. Because all of the bids received exceeded the available funding, it was determined to be in the City's best interest to reject all bids, revise the specifications and re -bid the new 2011 attraction separately from the food services building. Recommendation Authorize to Reject all Bids Received for Bid #11 -004 for Construction of the New Food Services Building and the New 2011 Attraction at NRH2O. CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 11 -8 -2010 Presented by: Mike Hamlin Agenda No. F.3 Subject: GN 2010 -095 Amend Chapter 42 of Code of Ordinances by adding Division 3, Illegal Smoking Products - Ordinance No. 3121 Summary The Police Department is seeking Council approval for an ordinance prohibiting the use, purchase, possession, and sale of synthetic cannabinoids and Salvia divinorum. Synthetic cannabinoids are sold under names such as K -2 or SPICE. Salvia divinorum is sold under names such as DIVINER'S SAGE or MAGIC MINT. Both of these items have been found for sale in North Richland Hills and have been determined to be detrimental to the public's heath and well being. General Description K -2 is an herbal blend marketed as incense and its appearance is of dried herbs, flowers or potpourri. Reportedly, it is named after the mountain K -2 because of the intense "high" received from its use. It is made of herbs and spices sprayed with synthetic cannabinoids which mimics the effects of cannabis. K -2 comes in many varieties with names such as Blonde, Summit, Spice, Citron, and others. No official long term studies have been conducted on its effects but it has been described as being psychotropic, elevating heart rate and blood pressure, inducing vomiting, and causing life threatening hallucinations and delusions. Salvia divinorum is a perennial herb in the mint family native to certain areas of Mexico. The plant has large green leaves, hollow square stems, and white flowers. When smoked, the leaves are crushed into ground plant material, which resembles herbs such as ground parsley. Salvia divinorum is imported from Mexico and Central and South America. It is sold through the internet or local shops (e.g., head shops and tobacco shops) as seeds, plant cuttings, whole plants, fresh and dried leaves. It is not controlled under the federal Controlled Substances Act. The active constituent of Salvia divinorum has been identified as Salvinorin A, and it is believed to be the ingredient responsible for the hallucinogenic effects of Salvia divinorum. Salvia divinorum provides a "high" more intense than Marijuana. Its affects have been described as being mind altering and hallucinogenic. Adverse physical effects may include loss of coordination, dizziness, and slurred speech. Other names for Salvia divinorum are Maria Pastora, Sage of the Seers, Diviner's Sage, Salvia, Sally D, and Magic Mint. Both of these items have been found for sale in North Richland Hills. Currently, no federal or state legislation exists that regulate or control either of these substances. Some area cities have initiated local regulation of these products and staff has used the regulations as the basis for the proposed ordinance. Upon Council approval of this ordinance, the Police Department will work with local business owners in gaining compliance. Recommendation Approve the amendment to Chapter 42 of Code of Ordinances by adding Division 3, Illegal Smoking Products. NRH ORDINANCE NO. 3121 AN ORDINANCE AMENDING CHAPTER 42 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING DIVISION 3, "ILLEGAL SMOKING PRODUCTS "; PROHIBITING THE USE, PURCHASE, POSSESSION, AND SALE OF THE SYNTHETIC CANNABINOID "K -2" KNOWN OR SOLD UNDER SUCH NAMES AS "K -2," "SPICE," "GENIE," "DaSCENTS," "ZOHAI," "SAGE," "SUMMIT," "BLONDE," "CITRON," "SPICE GOLD," "PEP SPICE," AND "KO KNOCKOUT 2" AND SALVIA DIVINORUM, A PERENNIAL HERB IN THE MINT FAMILY, KNOWN OR SOLD UNDER SUCH NAMES AS "MARIA PASTORA," "SAGE OF SEERS," "DIVINER'S SAGE," "SALVIA," "SALLY D," AND "MAGIC MINT;" PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION. WHEREAS, the City Council of the City of North Richland Hills, Texas ( "City Council "), has been provided with documentation from competent, well recognized medical professionals and law enforcement officials, specifically the Drug Enforcement Agency, of the growing presence of a new and potentially dangerous substance endangering public health, safety and welfare of the citizens, particularly the youth of the City of North Richland Hills ( "City "); and, WHEREAS, such substances are competently reported to cause hallucinations, vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor, numbness and tingling, disorientation, loss of time awareness and, in some cases, tremors and seizures as documented by the National Drug Intelligence Center of the United States Department of Justice in EWS Report 000006 issued May 18, 2010; and, WHEREAS, the City Council deems it necessary to exercise the City's police power to promote public health and safety through regulation of substances generally described as synthetic cannabinoids distributed, sold and marketed under such names as "K -2," "SPICE," "GENIE," "DaSCENTS," "ZOHAI," "SAGE," "SUMMIT," "BLONDE," "CITRON," "SPICE GOLD," "PEP SPICE," AND "KO KNOCKOUT 2" and, WHEREAS, the City council deems it necessary to exercise the City's police power to promote, through regulations the substances generally described as Salvia divinorum distributed, sold and marketed under such names as and, SALVIA DIVINORUM, A PERENNIAL HERB IN THE MINT FAMILY, KNOWN OR SOLD UNDER SUCH NAMES AS "MARIA PASTORA," "SAGE OF SEERS," "DIVINER'S SAGE," "SALVIA," "SALLY D," AND "MAGIC MINT;" and, WHEREAS, the substances described above are not yet categorized as illegal controlled substances under state or federal law; and, WHEREAS, the substances described above may be marketed as incense but are commonly being used as an alternative to marijuana which is an identified and documented controlled substance, of which the sale, possession, and use is prohibited under the laws of the State of Texas and the United States; and, WHEREAS, the synthetic cannabinoids substances identified above as "K2" may be presented under a variety of street names but share common ingredients including JWH -018, JWH -073, HU -210, HU -211, CP -47, CP -497; and, WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and, WHEREAS, the substances identified above, regardless of name, manifest all of the demonstrated attributes of substances that deprive individuals of judgment, coordination and the ability to conduct themselves in a safe and appropriate manner in modern society; and, WHEREAS, the available medical and law enforcement information on these products indicates that individuals under the effects of these substances may be a clear and present danger to themselves and others; further the long term effects of these substances are not yet known; and, WHEREAS, it is anticipated that the Texas Legislature will consider appropriate regulation of these type of commodities in its upcoming legislative session but that it is essential for the city to impose some type of reasonable restriction on these products until a state wide regulatory system is established and implemented; and, WHEREAS, the City Council finds that that the effects of these substances endanger the public health of the citizens of the City of North Richland Hills; and, WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that it is in the best interest of the public health, safety and welfare to immediately address the health concerns to the citizens of the City of North Richland Hills by adopting a local ordinance prohibiting the substances identified above, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. Chapter 42, Article IV, of the North Richland Hills City Code is hereby amended by adding a new Division 3, which shall read as follows: Division 3. ILLEGAL SMOKING PRODUCTS Sec. 42 -211. PURPOSE. The purpose of this article is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products hereinafter defined within the city limits of the City of North Richland Hills. SEC. 42 -212. DEFINITIONS. In this chapter: "Chief of Police." The Chief of Police for the City of North Richland Hills and his designees. "Person" shall mean an individual, corporation, firm, partnership, wholesaler, retailer or any licensed or unlicensed business. "Illegal Smoking Product" shall mean any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals: (a) Salvia divinorum or Salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts; (b) 2 -[(1 R, 3S)- 3— hydroxycyclohexyl}- -5 —(2— methylocatan -2 —yl) phenol (also known as CP -47, CP -497) and homologues; (c) (6aR, 10aR)- 9- (hydroxymethyl) -6, 6- dimethyl -3 -(2- methyloctan- 2- yl) -6a, 7, 10, 10a- tetrahyd robe nzo [c] chromen -1 -ol) (also known as HU -210); (d) (6aS, 10aS)- 9- (hydroxymethyl) -6, 6- dimethyl -3 -(2- methyloctan- 2- yl) -6a, 7, 10, 1 Oa-tetra hyd robe nzo [c] chromen -1 -ol) (also known as HU -211 or Dexanabinol); (e) 1- Pentyl -3 -(1- naphthoyl) indole (also known as JWH -018); or (f) Butyl -3 -(1- naphthoyl) indole (also known as JWH -073). Products containing some or all of the above substances are currently being marketed under the following commercial names: "K -2," "SPICE," "GENIE," "DaSCENTS," "ZOHAI," "SAGE," "SUMMIT," "BLONDE," "CITRON," "SPICE GOLD," "PEP SPICE," AND "KO KNOCKOUT 2" AND "MARIA PASTORA," "SAGE OF SEERS," "DIVINER'S SAGE," "SALVIA," "SALLY D," AND "MAGIC MINT ". Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this Ordinance, regardless of whether they are marketed under alternative names. SEC. 42.213. SELL, OFFER, GIFT, DISPLAY OR POSSESSION. It shall be unlawful for any person to use, possess, purchase, barter, give, publicly display, sell or offer for sale any illegal smoking product. SEC. 42 -214. DEFENSES TO PROSECUTION. (a) It shall be a defense to a violation of this article that any act described in this article is under and pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act. (b) It shall be a defense to prosecution that the sale or possession of Salvinorin A was in conjunction with ornamental landscaping and used solely for that purpose. (c) It shall be a defense to prosecution if an individual charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas. SECTION 2. 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 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. 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 5. 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 8th day of November, 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Fire Council Meeting Date: 11 -8 -2010 Presented by: Andy Jones Agenda No. F.4 Subject: GN 2010 -096 Authorize City Manager to Execute Agreement for Night of Holiday Magic Property Use Summary 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. General Description 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 4, 2010. 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 October $, 2010 by and between Hometown Urban Partners, Ltd, (the "owner ") °the owner of the lend (the 'tari I located in North Richland hjlls, Tarrent'County, Texas described In the. metes and bounds descriptlon Iri:Attachment A hareto:and the Glty pf North :Richland. Hills ((the ICIV) for the purpose. of documenting the terms and':conditiont of the granting, by Owner to City to uss-a portion of such land for a shotttime.ln cohnedflon with the City's °Night of Holiday Magid celebration. WITNESSEM I . owner grants Citythe right to use the,landfor temporary public access from Parker Boulevard to the NRHW parking: area on December 4, 2011 at the approximate location depicted on Attachment B hereto, and to Use the area depicted on such schedule -for fireworks discharge as shown thereon an such date. City is granted the right'to ettfer the property betweeh th'e date of this agreement and December 4, 2010 to itmm and. mark the temporary public access and to enter and rerrave any such markings and elean:the site after the December 4 20310 event. 2. .City agrees to allow fireworks to be used only by City's licensed and insured pyrotechnics contractor, North Texas Pyrotechnle 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. Home own Urban Partners, Ltd. t3y: It 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 i of I 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 I81 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 comer of Lot 1, Block A, Home Town NRH Addition according to the plat recorded in Cabinet A, Slide 8335 (t1D203164735) 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 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 1 875.64 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 I I 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 112 inch capped rebar stamped ".11 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.; TI-11,NCE NORTI 145 degrees 18 minutes 00 seconds E As,r, along the northwest line of said parcel of land described in the deed to Arcadia Land Partners 17, I.Ad., a distance of 72.96 feet to a set 1/2 . inch capped rebar stamped "JPI1 LAND SURVEYING" on the southwest right -of -way line of Parker Boulevard, a ninety -foot (90') right -of way, according to the plat ofThe Venue at Home'I'own 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 Serest 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 ROSS'" 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 [and 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 Ilills, "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, Horne 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 a non - tangent curve, concave westerly, having a radius of 1809.24 feet, and a chord bearing of NORTH l 1 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 "JPI I LAND SURVEYING "; THENCE SOUTH 86 degrees 50 minutes 49 seconds EAST, a distance of 892.20 feet to a set 112 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 "JIIH LAND SURVEYING" on the southwest right-of-way line of Parker Boulevard, a seventy -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; TIIENCE 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 "JPFI LAIN) SURVEYING" at the beginning of a tangent, reverse curve, having a radius of 155.00 feet; Legal Description Tract 2 - 28.855 Acres Page 2 of 2 THENCE Southeasterly, along the southwest right-of-way line of said Parker Boulevard and along said tangent, reverse curve, an are length of 92.63 feet to a set 112 inch capped rebar stamped "JPH LAND SURVEYING" at the most southerly comer of said Parker Boulevard, a seventy -foot (70') right-of-way, also being the most westerly corner of Parker Boulevard, a ninety-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 ninety-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 I 1 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 "MAC;" 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 (TESL©) 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 1.875.64 feet, to the POINT OF BEGI - NNING containing 28.586 acres. ,4044 > PW > • �!1 r P, � P Wig' • � .• � .� i -.. �� ?`'a „ ,f �,,' w ♦ '�`� , �. " � n 2'4'x' y . y ,. =' ; CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 11 -8 -2010 Presented by: Vickie Loftice Agenda No. F.5 Subject: GN 2010 -097 Amend contract with Byrne Construction for Construction Manager at Risk Services establishing the Guaranteed Maximum Price for the Construction of the New Recreation Center Summary The City Council, at their December 14, 2009 meeting, awarded a contract to Byrne Construction for Construction Manager at Risk (CMAR) services associated with construction of the new Recreation Center. This item is to amend the contract, establishing a Guaranteed Maximum Price (GMP). General Description The CMAR contract with Byrne Construction includes both preconstruction phase services and construction phase services. The contract fees are presented in two parts. Part one includes pre- construction services fees totaling $18,500. Part two establishes the basis for fees associated with the construction services phase. According to the contract, when subcontractor bids are received, the CMAR contract will be amended to reflect a Guaranteed Maximum Price. Brinkley Sargent Architects (BSA) completed the construction plans and specifications and submitted them to Byrne Construction to issue subcontractor bids for all of the trades necessary to construct the project. Bids were received on October 12, 2010, and have been thoroughly evaluated by a collaborative team including BSA and City staff. As determined by the contract, the Guaranteed Maximum Price will be the sum of 1) the subcontractor bids and general conditions, 2) contingency established in the original contract, 3) field and office costs established in the original contract, and 4) the established CMAR Fee of 2 %. Based on the subcontractor bids received and the other established costs, the total proposed GMP is $20,970,654 and is calculated as follows: Subcontractor Bids and General Conditions $19,734,751 .... Contingencies $493,369 Field and Office $33 1,336 11 CMAR Services Fee $411,189 Total GMP $20,970,645 Pre Construction Services $18,500 Total CAMR Services Contract 9 ,1154 The current total contract amount for the CMAR contract with Byrne Construction is $18,500. The proposed amendment will establish the GMP for the construction phase at $20,970,654, bringing the total contract amount to $20,989,154. The total project cost is $25,010,000. The total amount available for construction is $21,623,367. The remaining balance will be used for installation of telecommunications equipment, video security, key access and security systems and audio /visual equipment and installation. Upon approval of the amendment to the contract establishing the GMP, a Notice to Proceed will be issued, authorizing Byrne to begin construction later this month. Construction is anticipated to be substantially complete in January 2012. Recommendation To Amend the Contract for the Construction Manager at Risk Services with Byrne Construction, establishing a Guaranteed Maximum Price in the amount of $20,970,654 for the Construction of the New Recreation Center, for a total contract amount of $20,989,154. "W November 1, 2010 Mr. Bill Thornton Assistant Director of Parks & Recreation 6720 N.E. Loop 820 North Richland Hills, TX 76180 Re: North Richland Hills — Recreation Center Dear Mr. Thornton: Thos. S. Byrne, Ltd. is pleased to submit the Guaranteed Maximum Price below for the North Richland Hills — Recreation Center per construction documents identified in Amendment No. 01 to the Contract. The Guaranteed Maximum Price is twenty million nine hundred seventy thousand six hundred forty -five dollars ($20,970,645.00). If you have any questions or require any additional information, please do not hesitate to contact Martin Lehman, Lee Howell or myself. Sincerely, Thos. S. Byrne, Ltd. Elias KWar Executive Vice President T. S. Byrne Management, Inc. — General Partner CC: Martin Lehman Keith Muskrat file Thos. S. Byrne Ltd. 3100 W. 7` Street - Fart Worth, Texas 76107 Telephone: 817.335.3394 Fax: 817.877.5507`___ CITY OF NORTH RICHLAND HILLS Department: Police Council Meeting Date: 11 -8 -2010 Presented by: Jimmy Perdue Agenda No. F.6 Subject: GN 2010 -098 Sale of Land Parcel 155 to the State of Texas - Resolution No. 2010 -032 Summary To authorize the sale of a .3118 acre parcel of City owned property to the State of Texas for the Loop 820 widening project for the appraised value of $24,811.00. The parcel is located on the north side of Loop 820, East of Cummings Dr. and is adjacent to the drainage channel. General Description As a part of the Loop 820 widening project, the State of Texas is required to purchase sufficient right of way (ROW) for the project. The City of North Richland Hills owns several parcels of land adjacent to the project that will be included on the ROW process. This is the first parcel that we have received an acceptable offer from TxDOT to bring to the City Council for approval. The subject property is legally described as a 1.36 acre tract situated within the W.W. Wallace Survey, Abstract 1606, Tarrant County Texas. Additional information obtained from the Tarrant County Appraisal District describes the subject property as being Lots 33, 34, 35 and 36 of Block 1 and Lots 18 and 19 of Block 2, of the Richland Terrace Addition, City of North Richland Hills, Tarrant County, Texas. The acquisition parcel is .3118 acres of this land and is known as Parcel 155 of the Loop 820 widening project. The parcel is somewhat rectangular in shape and contains approximately 326.88 linear feet along the north line of Loop 820 and varies in depth from 42.92 linear feet to 65.31 linear feet. The part to be acquired includes a portion of a drainage facility used as public infrastructure and includes 4,184 square feet of concrete paving. According to the appraisal submitted along with the offer, the entire property is valued at $39,650.00. The portion to be acquired is valued at $24,811.00 leaving the remainder value of $14,839.00 Recommendation To approve resolution 2010 -032 NRH RESOLUTION NO. 2010 -032 WHEREAS, the City Council desires to authorize the sale of property to the State of Texas for the Loop 820 widening project and has received an offer of $24,811.00 for a .3118 acre parcel of land known as Parcel 155 which is the appraised value of such parcel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the sale of a .3118 acre parcel of property owned by the City for $24,811.00 to the State of Texas and known as Parcel 155 of the IH820 widening project is hereby authorized and the City Manager of the City of North Richland Hills is authorized to execute a deed to the State of Texas for such property. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 8th day of November, 2010. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney _ - • - �- t , ti ti Hl I I 1 3 I i'ARCEL 155. IH 820 PART AcoUtREU PARCEL SKETCH EXHIBI "A" PLAT TO AcccluAMr PARCEL DESCRIPTION »'. �I • ♦ ''v, +r w. r` .. t. ' Mclr". d Terms t Pa 7a- :...r <'• f'. ' I +ti��• , �,.� �' TA.•31893 2$ . y 21' a\ fut^r _ •. i.' eM ry 4 I •. "F�Rk�iw:l T )ref •'d.?,' u:><.T. P C. f. `i,;:r. S• "•S�f.eq� . -• •J .'-_ .. :.....'-• Mdurr..Jgg cyY� R �p+rarr z.Yy ++r�� _ f.J6 &-"j . s •'+�j, •� 1 i�� Ct!)!cf•Xat7r,R(c:ArU ✓ua \ . m r- •� ` / 1 ;1 2 MIT vrs7wt. �• S y. SSFc>P'A /' `. v P.G.B f W 'r'W Fr. £ OC. • t A , Crgry.t CW. � w ' rn s7n, 7.55 U. I3SU' R.O.W. 606 .. S 5'r ° 1 z ' S Pr4t)k?OSt�D l =82U 945 vUUT 1'V : Vr`: KIALLAC'F SURVEY M - ATH kHLMVH1Lt_S A-1 606 TMHMf CoJ "ITY i 5 �? :J 1OJ 5. FI AT {1F A SUR 'I.Y PARE[ 15 5 - Or PARCEL 155 +a t T - - -820 n 7TA 4(.WISi TEM 2311F 1 ?,%4 tJenn m. -r - TT6 )EM AMN t. jrpU Se,241 of 7Naao.•rnleo G ra" ..41 +� �smiu11a'e io. Of08•-1�-aUstaJS aaa +• S TAFRN•;T FQvAIh[fR AREA ;5,u S_, 667 PAGE 4.2 Yrwy . w�Av +vu.:.c CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Council Meeting Date: 11 -8 -2010 Presented by: Bill Thornton Agenda No. F.7 Subject: GN 2010 -099 Award of Bid #RFBP No.10 -035 to Whitewater West for Purchase of New 2011 Attraction at NRH2O Summary This item is to award the bid for purchase of the new 2011 attraction at NRH2O. Initially, the purchase of the attraction was included in the construction contract for the work. However, upon rejection of the bids received, it became necessary for the City to make the purchase directly in order to meet all associated timelines and encourage more competitive pricing of the infrastructure associated with the attraction. General Description The current NRH2O Capital Budget includes a new attraction scheduled to open in 2011 as recommended in the Strategic Plan Update. The new attraction will be located in the southwest area of the park near the Accelerator and Beachside Bay. Competitive Sealed Proposals were received on June 2, 2010 from Whitewater West Industries, Splashtacular and Proslide. Selection criteria included price, entertainment value, riders per hour, rider experience and WOW factor. Based on an evaluation of the selection criteria, a five member committee selected the Viper by Whitewater West Industries. The Whitewater West Industries proposal, in the amount of $731,000, includes fabrication and delivery of all slide components necessary to install the attraction in time for the 2011 summer season. The Scope of Work includes engineered drawings for slide path design, structural support system, starting tower, platform and stairway, as well as foundation design and schematic drawings for slide mechanical system. Engineered drawings will be sealed by a Professional Engineer registered in the State of Texas. Whitewater will provide a fully experienced job supervisor to assist and train the contractor's crew for twenty (20) days during installation. The project includes a one (1) year unlimited warranty on defects in workmanship and materials. The City has had good experience with Whitewater West in the past with design and fabrication of the Mat Racer and Splashatory attractions. Recommendation To Award of Bid #RFBP No. 10-035 to Whitewater West for Purchase of the New 2011 Attraction at NRH2O, in the amount of $731,000. Scope of Work Statement PROJECT: NRH2O Family Waterpark LOCATION: North Richland Hills, TX DATE: 2 SEP 10 The water slide packages include the design, manufacture and supply of the equipment as stated herein per our bid as submitted previously. This scope of work statement is based on Whitewater drawing entitled, "NRH2O New Attraction 2011 ", Project 17358, SK -6, dated AUG 26, 2010. Final design may vary with site conditions and client preferences. I. DESIGN SERVICES A. Four (4) sets of engineered drawings for: 1) slide path design, 2) structural support system, 3) starting tower, platform and stairway, 4) foundation design, 5) schematic drawings for slide mechanical system. B. The required information for submission to regulatory authorities, submitted by others. C. Engineered drawings sealed by a Professional Engineer registered in the State of Texas. D. Two (2) copies of Operations and Maintenance Guidelines. II. EQUIPMENT MANUFACTURE AND SUPPLY Includes the manufacture and supply of the following: Waterslide: All fiberglass components to complete The Vipei as illustrated in the attached drawing, including extra tunneling prior to the drop into the Megatubd section. Fiberglass slide components come complete with start sections and a pool entry piece. All fiberglass sections are factory pre - drilled to decrease installation time and improve joint quality. Starting Tower: Pre - fabricated steel bolt -up tower of hot dip galvanized steel. Stair treads and platform are designed for concrete infill. Stair risers are closed. Slide Supports: Support columns, arms, and yokes designed for bolt -up installation. All steel is hot dip galvanized. All nuts, bolts, and washers as needed. Flume Hardware: All necessary joint hardware is stainless steel. Joint sealant is polyurethane non - shrink compound. Warranty: Complete one (1) year unlimited warranty on defects in workmanship and materials. III. INSTALLATION SERVICE Whitewater will provide a fully experienced and capable job supervisor to assist and train the local contractor's crew for twenty (20) days. Typically this assistance is only needed during the fiberglass assembly, erection and finishing. Fine - tuning, testing, and safety certification will be provided at no charge only if the slides are ready for operation during this period. Additional site visits or additional days of supervision if requested will be charged on a per diem basis plus expenses. IV. TO BE PROVIDED BY OTHERS A. All installation work for the slides, tower, supports, foundations, pools, concrete works, mechanical systems, and lighting are by others. Any building permits, fees, bonds, licenses, taxes and submissions as required by local authorities, soils reports and surveying, or additional site visits. B. Foundations complete with anchor bolts and imbeds installed in the proper locations as designed by Whitewater. C. All electrical, pool, and concrete works. A mechanical system providing the required flow rate to each slide. D. Lighting, special effects, thematic treatment. E. Any items not specifically stated above. V. REVISED PRICING Water Slide Package ...................................... ............................... $ 731,000.00 Local or state taxes or bonding if applicable are not included. Delivered F.O.B. jobsite. TERMS OF PAYMENT: Upon completion of Engineering 15% As deliveries arrive at the site 70% Upon completion of Installation but not later than 45 days after final delivery 15% No warranty's are valid until final payment is received. Full Service Innovator & Supplier to the Global Waterpark Industry 6700 McMillan Way, Airhmcnd, BC, Canada V6W 1J7, rel. 6042731066. Fax: 604.2734518 w� wn .v.whitewaterwest.com SLIDE LENGTH HEIGHT FLUME NAME (Ft.) (Ft.) TYPE A 452.6 44.5 CTR- 210lA7 96 VIPER CAIV 3 PERSON INNER TUBE I O Ll I LEVEL 1.0 Ft. r - -J I �T 0 W E R I�I�I Il�1�J � EL, 4 . Ft. f EL. 43.5 Ft. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Councilman David Whitson Agenda No. H.1 Subject: Announcements - Councilman Whitson Announcements The City of North Richland Hills invites you to attend the annual Veterans Day Celebration on Thursday, November 11 at Liberty Park, located at 5825 Holiday Lane. This event will honor all who have served our country. For more information, please call the Parks & Recreation Department at 817 - 427 -6620. 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 12th. For more information, please call 817 - 427 -6650. In celebration of Texas Recycles Day, the annual Northeast Recycles Day Flea Market will be held Saturday, November 13th from 8 a.m. to 3 p.m. in the parking lot of the ATI Career Training Center located at 6351 Boulevard 26. Residents are invited to shop for bargains from over 100 vendors. Residents may also drop off unwanted electronics for recycling. For more information, please call 817 - 299 -1830. The November 22nd 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. Lori Newman, Parks and Recreation Department — A resident e- mailed to express her appreciation to Lori for the recent concert and dancing event at Stormy Plaza. The resident and her family were pleased by the great music and fun dancing. Everything was wonderful and they wanted to thank Lori and all of the recreation employees who organized this great event. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 11 -8 -2010 Presented by: Agenda No. H.2 Subject: Adjournment