HomeMy WebLinkAboutCC 2011-01-10 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, January 10, 2011
5:00 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 Discuss Rescheduling March 14, 2011 City Council Meeting (5 Minutes)
A.3 Amend Code of Ordinances by adding Restricted Residency Ordinance (10 Minutes)
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to
discuss the following as authorized by Chapter 551, Texas Government Code
B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to consider
the sale of land to State for right of way - 1) Parcel 152 located at 820 and Cummings
Drive; 2) Parcel 96 located at 6729 Northeast Loop 820; 3) Parcel 135 located at 7301
Northeast Loop 820; 4) Parcel 150 located at 4816 Cummings Drive East.
B.2 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)
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 January 7, 2011 at �' a. m. r
ssi ant City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
Council Agenda - January 10, 2011
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, January 10, 2011
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 Tern Sapp
A.3 Special Presentation(s) and Recognition(s) - 2010 United Way Campaign presented by
Councilman Barth
AA Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday Lighting
Awards presented by Councilman Turnage
A.5 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.6 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.
Council Agenda - January 10, 2011
Page 2 of 4
t
B.1 Approval of Minutes of December 13, 2010 City Council Meeting
B.2 PU 2011 -001 Authorize Inter -local Purchasing Agreement with the City of Temple
B.3 GN 2011 -002 An Interlocal Agreement Establishing the North Central Texas Major Case
Investigative Team — Resolution No. 2011 -001
B.4 GN 2011 -003 Authorize Special Events Agreement with City of Arlington
C.0 PUBLIC HEARINGS
C.1 SDP 2010 -01 Public Hearing and Consideration of an Appeal Request from Michelle
Thomas (The M Group) for a Special Development Plan for Temporary Office Uses in a
Residential Structure on Lot 1, Block 3, Meacham Addition (TOD Core Subzone) with
Future Access from Lot 3, Block 1, Meacham Addition (TOD Residential Subzone) in
the Transit Oriented Development Zoning District - Ordinance No. 3124 (located at 6333
Smithfield Road and 7828 Arthur Drive.)
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 RP 2010 -01 Consideration of a Request from Ramon Goheen for a Replat creating Lot
1 B1, Block 1, J. M. Estes Addition (located at 4028 Rufe Snow Drive - 0.75 acres.)
E.0 PUBLIC WORKS
No items for this category.
F.0 GENERAL ITEMS
F.1 GN 2011 -001 Award of Contract to The Corbet Group, Inc. in the Amount of $771,600
for the Installation of the New Water Park 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 Adjournment
Council Agenda - January 10, 2011
Page 3 of 4
All items on the agenda are for discussion and /or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas
Government Code on January 7, 2011 at C\,.A a.m.
ss tant ity Secretary
This facility is wheelchair accessible and accessible parkin spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
Council Agenda - January 10, 2011
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, January 10, 2011
5:00 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 Discuss Rescheduling March 14 2011 City Council Meeting (5 Minutes)
A.3 Amend Code of Ordinances by adding Restricted Residency Ordinance (10
Minutes
B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas
Government Code
B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to
consider the sale of land to State for right of way - 1) Parcel 152 located at 820
and Cummings Drive; 2) Parcel 96 located at 6729 Northeast Loop 820; 3)
Parcel 135 located at 7301 Northeast Loop 820; 4) Parcel 150 located at 4816
Cummings Drive East.
B.2 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)
C.0 Adjournment
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. A.1
Subject: Discuss Items from Regular City Council Meeting
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. A.2
Subject: Discuss Rescheduling March 14, 2011 City Council Meeting (5 Minutes)
Summary
Council needs to consider rescheduling the March 14, 2011 City Council meeting due to
a conflict.
General Description
Several Council members will not be in the City for the March 14 City Council meeting.
This item has been placed on the Work Session agenda for Council to reach a
consensus on a date for the meeting. After a consensus has been reached, Staff will
place an action item on the next agenda for Council to formally reschedule the meeting
to another date.
CITY OF
NORTH RICHLAND HILLS
Department: Police Council Meeting Date: 1 -10 -2011
Presented by: Mike Hamlin Agenda No. A.3
Subject: Amend Code of Ordinances by adding Restricted Residency Ordinance (10
Minutes)
Summary
The Police Department is seeking Council approval for an ordinance regulating the
residency of certain persons convicted or adjudicated of certain offenses involving a
victim younger than 17 years of age. Persons required to register as sex offenders
stemming from offenses in which the victim was younger than 17 years of age are
prohibited from residing within 1,000 feet of locations where children commonly gather.
General Description
Currently, the City has no regulations governing the residential location of persons that
were convicted or adjudicated for certain offenses as defined in Chapter 62 (Sex
Offender Registration Program) of the Code of Criminal Procedure. The Texas Local
Government Code allows for the creation of ordinances necessary to protect health, life,
and property and to preserve the good government, order, and security of its citizens.
When persons convicted or adjudicated for crimes couched in Chapter 62 of the Code of
Criminal Procedure and are monitored as a part of community supervision, certain
residency regulations are imposed upon them regarding residing within certain distances
of areas where children tend to gather (i.e., playground, school, video arcade facility,
youth center, public swimming pools, day care facilities). This residency restriction is
imposed as a preventative measure to protect potential future child victims. Once these
certain offenders are released from community supervision, statutorily and generally,
they are required to continue to participate in the sex offender registration process, with
no residency restrictions. This registration process is usually accomplished through the
local law enforcement agency over which the offender resides and /or works.
This ordinance will regulate the residency of persons who have been convicted or
adjudicated for offenses in which the victim(s) was /were younger than 17 years of age.
The ordinance will prohibit these specific offenders from residing within 1,000 feet of a
location where children tend to gather, regardless of temporary or permanent residency.
Upon approval, registrants who already live within the restricted areas in North Richland
Hills will not be required to move or relocate. The ordinance stipulates that, generally,
distances are determined from boundary line to boundary line. In cases of multiple
dwellings on a single property, distances are determined by either building or drive
access of the registrant's residence to the property line of the premise where children
commonly gather. The ordinance protects the residency of registrants that were
established prior to the ordinance; those who offended as minors and were not convicted
as an adult those who are minors; and those who established residency and a protected
location opened or established afterwards.
The ordinance will be discussed with Council on Monday evening.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 50, MISCELLANEOUS
OFFENSES, OF THE CODE OF ORDINANCES OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AND ADDING A NEW ARTICLE IV
RESTRICTING THE RESIDENCE OF CERTAIN SEX OFFENDERS
1,000 FEET OF ANY DEFINED PREMISES WHERE CHILDREN
COMMONLY GATHER, INCLUDING A PLAYGROUND, SCHOOL, DAY-
CARE FACILITY, VIDEO ARCADE FACILITY, PUBLIC OR PRIVATE
YOUTH CENTER, OR PUBLIC SWIMMING POOL; PROVIDING THAT
CULPABLE MENTAL STATE IS NOT REQUIRED FOR COMMITTING
AN OFFENSE UNDER THIS REGULATION; PROVIDING
AFFIRMATIVE DEFENSES; ESTABLISHING A PENALTY; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of North Richland Hills finds and
declares that sex offenders in areas where children tend to gather constitutes a serious
threat to public safety; and
WHEREAS, the City Council finds that establishing a policy to restrict the
property available for residency to sex offenders will provide better protection for
children gathering in the City; and
WHEREAS, the City Council finds from the evidence that the recidivism rate for
released sex offenders is significant, especially for those who commit their crimes
against children; and
WHEREAS, the City Council finds from the evidence that restrictions on the
proximity of sex offenders to schools or other facilities that might create temptation to
repeat offenses are one way to minimize the risk of recidivism; and
WHEREAS, the Texas Code of Criminal Procedure provides a 1,000 foot safety
zone for children, as a condition of community supervision for those convicted of certain
sexual offenses; and
WHEREAS, the United States 8 th Circuit Court of Appeals issued an opinion in
the case of Doe v. Miller, 405 F. 3d 700 (8 Cir. 2005), in which the Court upheld similar
residency restrictions contained in the State of Iowa Statutes and found the restrictions
to be constitutional; and,
WHEREAS, the City of North Richland Hills has the authority, pursuant to Texas
Local Government Code, to adopt such provisions in order to protect the health, safety,
and welfare of its residents; and,
WHEREAS, the Attorney General of the State of Texas has opined that
municipalities may enact ordinances restricting the residence of registered sex
offenders;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH
RICHLAND HILLS, TEXAS:
SECTION 1: That Chapter 50 of the Code of Ordinances of the City of North Richland
Hills, Texas is hereby amended by adding a new Article IV, "Regulation of Sex Offender
Residency" which shall read as follows:
"Article IV Regulation of Sex Offender Residency
Sec. 50-50. Definitions
For the purposes of this Article, the following terms, words, and the derivations thereof
shall have the meanings given herein.
"Database" means a computerized central database, maintained by the Department of
Public Safety, containing information required for sex offender registration.
"Minor" means a person younger than seventeen (17) years of age.
"Permanent Residence" means a place where a person abides, lodges, or resides for
fourteen (14) or more consecutive days.
"Temporary Residence" means a place where a person abides, lodges or resides for a
period of fourteen (14) or more days in the aggregate during any calendar year and
which is not the person's permanent address, or a place where a person routinely
abides, resides or lodges for a period of four or more consecutive or nonconsecutive
days in any month and which is not the person's permanent residences.
Sec. 50 -51. Offenses
For each person required to register as a sex offender pursuant to Chapter 62, Code of
Criminal Procedure, because of a reportable conviction or adjudication involving a victim
younger than 17 years of age, it is unlawful for that person to establish a permanent
residence or temporary residence within 1,000 feet of any defined premise where
children commonly gather, including a playground, school, day care facility, video
arcade facility, public or private youth center, or public swimming pool, as those terms
are defined in the Health and Safety Code of the State of Texas.
It is unlawful to let or rent any place, structure or part thereof, with the knowledge that it
will be used as a permanent residence or temporary residence by any person prohibited
from establishing such permanent residence or temporary residence pursuant to the
terms of this article, if such place, structure or part thereof, is located within 1,000 feet of
any premises where children commonly gather, including a playground, school, day
care facility, video arcade facility, public or private youth center, public swimming pool,
as defined in the Health and Safety Code of the State of Texas.
Nothing in this provision shall require any person to sell or otherwise dispose of any real
estate or home acquired or owned prior to the conviction of the person as a sex
offender.
Sec. 50 -52. Evidentiary Matters; Measurements
It shall be prima facie evidence that this Section applies to such a person if that person's
record appears on the Database and the Database indicates that the victim was
younger the 17 years of age.
For the purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the outer property line of the
permanent or temporary residence to the nearest property line of the premises where
children commonly gather, as described herein above, or, in the case of multiple
residences on one property, the distance requirement shall be measured from the
nearest portion of the building or structure used as a permanent or temporary residence
by the sex offender or the parking lot or driveway providing access thereto, whichever is
closest to the nearest property line of the premises where children commonly gather, as
described herein above.
A map depicting the prohibited areas shall be created by the City and maintained by the
City. The City shall review the map annually for changes. Said map will be available to
the public through the North Richland Hills Police Department.
Sec. 50 -53. Culpable Mental State Not Required:
Neither allegation nor evidence of a culpable mental state is required for the proof of an
offense defined by this Section.
Sec. 50 -54. Affirmative Defenses
It is an affirmative defense to prosecution if any of the following conditions apply:
The person required to register on the Database established the permanent or
temporary residence and has complied with all of the sex offender registration laws of
the State of Texas, prior to the date of the adoption of this ordinance.
The person required to register on the Database was a minor when he or she
committed the offense requiring such registration and was not convicted as an adult.
The person required to register on the Database is a minor.
The premises where children commonly gather, as specified herein, within 1,000 feet of
the permanent or temporary residence of the person required to register on the
Database was opened after the person established the permanent or temporary
residence and complied with all sex offender registration laws of the State of Texas.
The information on the Database is incorrect, and, if corrected, this Section would not
apply to the person who was erroneously listed in the Database.
Sec. 50-55. Penalty
Any person, firm, corporation, agent or employee thereof who commits an offense under
the provisions of this Article shall be guilty of a misdemeanor and upon conviction
thereof shall be fined an amount not to exceed Five Hundred and No /100 Dollars
($500.00) for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
Sec. 50 -56. Injunctive relief
Any violation of this Article can be enjoined by a suit filed in the name of the City of
North Richland Hills in a court of competent jurisdiction, and this remedy shall be in
addition to any penal provision in this ordinance or in the Code of the City of North
Richland Hills."
Section 2: Effect on other Ordinances
This ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which
event, the conflicting provisions of such ordinances and such Code are
hereby repealed.
Section 3 Severability
It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional or otherwise invalid by
the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the city council without the incorporation in
this ordinance of any such invalid phrase, clause, sentence, paragraph or
section
Section 4: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 5: This ordinance shall be in full force and effect immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this _ day of January, 2011.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, Attorney
APPROVED AS TO CONTENT:
Department Head
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
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: 1 -10 -2011
Presented by: Agenda No. B.1
Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to
consider the sale of land to State for right of way - 1) Parcel 152 located at 820 and
Cummings Drive; 2) Parcel 96 located at 6729 Northeast Loop 820; 3) Parcel 135
located at 7301 Northeast Loop 820; 4) Parcel 150 located at 4816 Cummings Drive
East.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. B.2
Subject: 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))
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
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, January 10, 2011
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) - 2010 United Way Campaign
presented by Councilman Barth
A.4 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday
Lighting Awards presented by Councilman Turnage
A.5 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.6 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 December 13 2010 City Council Meeting
B.2 PU 2011 -001 Authorize Inter -local Purchasing Agreement with the City of Temple
B.3 GN 2011 -002 An Interlocal Agreement Establishing the North Central Texas
Major Case Investigative Team — Resolution No. 2011 -001
B.4 GN 2011 -003 Authorize Special Events Agreement with City of Arlington
C.0 PUBLIC HEARINGS
C.1 SDP 2010 -01 Public Hearing and Consideration of an Appeal Request from
Michelle Thomas (The M Group) for a Special Development Plan for Temporary
Office Uses in a Residential Structure on Lot 1 Block 3, Meacham Addition (TOD
Core Subzone) with Future Access from Lot 3, Block 1, Meacham Addition (TOD
Residential Subzone) in the Transit Oriented Development Zoning District -
Ordinance No. 3124 (located at 6333 Smithfield Road and 7828 Arthur Drive.)
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing
D.1 RP 2010 -01 Consideration of a Request from Ramon Goheen for a Replat
creating Lot 1 B1 Block 1 J. M. Estes Addition (located at 4028 Rufe Snow Drive
- 0.75 acres.)
E.0 PUBLIC WORKS
No items for this category.
F.0 GENERAL ITEMS
F.1 GN 2011 -001 Award of Contract to The Corbet Group, Inc. in the Amount of
$771,600 for the Installation of the New Water Park 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 Adjournment
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
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: 1 -10 -2011
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: 1 -10 -2011
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: 1 -10 -2011
Presented by: Ron Newman Agenda No. A.3
Subject: Special Presentation(s) and Recognition(s) - 2010 United Way Campaign
presented by Councilman Barth
The United Way of Tarrant County is dedicated to helping the citizens of Tarrant County
through programs that focus on:
• Child abuse and neglect
• Early learning and development
• Childhood obesity
• Adult literacy
• Senior isolation
• Homelessness
Employees of the City of North Richland Hills support the United Way's efforts and
annually conduct a campaign to raise funds for the United Way.
This year, the United Way Committee held several functions to raise money for the
campaign including a kick -off lunch, raffle, silent auction, two bake sales, penny wars,
pumpkin grams and chili cook -off. With the money raised from these events and the
generosity of employee pledge forms, we raised a total of $37,542.
During the January 10, 2011 City Council Meeting Ms. Faye Beaulieu, PhD, Regional
Director of United Way Northeast, will be present to accept a $37,542 check from the
City's 2010 United Way Campaign.
We would also like to thank employees and the Employee Campaign Committee for
their hard work as well as their generosity in giving to this important effort that helps the
entire community. Certificates of Appreciation will be handed out to Committee
members who are present at the meeting. Committee members are:
Angela Walley, Police Department Kelli Johnson, NRH
Wayne White, Public Works David Hayslip, Planning
Kristin Weegar, Economic Development Becca Collins, Police Department
T J Perez, Communications /CMO Heather Hollingsworth, Municipal Court
Jenny Bransford, Human Resources Kathy Corley, Fire Department
Rachelle Edwards, Public Works Ken Raney, Facilities and Construction
Kevin Kennedy, Info Services Ron Newman, Parks and Recreation
Tim Doyle, Fleet Services Spencer Kelley, Neighborhood Services
Alex Do, Parks and Recreation Todd Humble, Library
Angela Lozano, Utility Customer Svc /Finance
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Kathy Luppy Agenda No. A.4
Subject: Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday
Lighting Awards presented by Councilman Turnage
2010 HOLIDAY LIGHTING AWARD WINNERS
AREA 1: Gary & Sandy Moore, 4033 Diamond Loch
AREA 2: Paul & Patty Lussier, 7021 Briley
AREA 3: Charlie & Denise Niziolek, 6300 Skylark Circle
AREA 4: Robert & Dessie Simmons, 7437 North Richland Blvd.
AREA 5: Dave & Debra Byczek 8608 Olmstead
AREA 6: Debbie Gann, 7116 Smithfield Road
AREA 7: Roger & Connie Stillwell, 8309 Thornbrook
AREA 8: Greg & Kathy Hull 7621 Woodhaven
AREA 9: Albert & Beverly Partman, 8000 Canyon Oak
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. A.5
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: 1 -10 -2011
Presented by: Agenda No. A.6
Subject: Removal of Items) from Consent Agenda
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
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: 1 -10 -2011
Presented by: Agenda No. B.1
Subject: Approval of Minutes of December 13, 2010 City Council Meeting
Recommendation
To approve the minutes of the December 13, 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 — DECEMBER 13, 2010
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
13 day of December, 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
Ken Sapp Mayor Pro Tern, Council, Place 2
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
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Patricia Hutson City Secretary
George Staples City Attorney
Mary Peters Public Information Officer
John Pitstick Director of Planning & Development
Larry Koonce Finance Director
Andy Jones Fire Chief
Craig Hulse Economic Development Director
Mike Hamlin Assistant Police Chief
Thomas Powell Fleet Services Director
JoAnn Stout Neighborhood Services Director
Kyle Spooner Information Services Director
Sean Hughes Emergency Management Coordinator
Chun Mezger Animal Center Supervisor
Steve Brown Library Director
Absent John Lewis Council, Place 1
Call to Order
Mayor Trevino called the work session to order at 5:45 p.m.
A.1 Discuss Items from Regular City Council Meeting
There were no questions from the Council.
A.2 Discussion Regarding the Use of Golf Carts for Parcel Deliveries
Mike Hamlin, Assistant Police Chief, presented the item. Council was advised that
during the regular meeting Council will be presented with a resolution that if approved,
will allow the use of golf carts as delivery vehicles for parcel deliveries in the City. A law
approved in the last legislative session allows governing bodies to approve the
operation of golf carts on roadways with posted speed limits less than 35 mph and
certain safety equipment affixed. United Parcel Service (UPS) is requesting to utilize
golf carts to deliver packages during the holiday season in the area near Smithfield and
Starnes and in the Hometown neighborhood. Assistant Chief Hamlin explained how
UPS would use and store the golf carts. Council was advised that the resolution was
not a blanket approval, but only authorized delivery companies to utilize golf carts in
approved areas and in compliance with state law.
A.3 Iron Horse Golf Course End of Season Report
Ms. Vickie Loftice, Managing Director, introduced Antonio Evangelista, the new Iron
Horse Golf Course Manager.
Mr. Evangelista presented a PowerPoint presentation highlighting the golf course's end
of year report. Mr. Evangelista discussed recognitions and awards received by Iron
Horse, number of rounds played, revenues and expenditures, projects and programs
completed during 2010, community involvement, capital improvements and a vision for
the future. In response to a question from the Council regarding a decrease in rounds
of golf, Mr. Evangelista explained he felt the decline could be attributed to the economy
and weather. Council suggested consideration be given to using cyber golf to fill voids
when the course was not as busy.
A.4 Approve 2011 State Legislative Program
Ms. Karen Bostic, Assistant City Manager, presented a PowerPoint presentation
highlighting the 2011 State Legislative Program. As in previous years, the program is
based on four guiding principles with staff identifying priority legislative issues based on
the guiding principles. The four guiding principles are — 1) opposition of any legislation
that erodes the authority to govern local affairs; 2) need for a predictable and sufficient
level of revenue for the provision of capital infrastructure and for ensuring citizens'
health and safety; 3) opposition of unfunded mandates; and 4) support for legislation
that enhances the quality of life for our citizens. The priority legislative issues identified
by Staff were reviewed. Council was advised one of the legislative issues had been
reworded for clarification and Council was provided with the revised wording. Ms.
Bostic advised Staff was requesting Council consensus through the worksession and
subsequent formal approval will not be necessary. Council concurred with the 2011
State Legislative Program.
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 6:25 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 - 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).
C.0 Adjournment
Mayor Trevino announced at 6:59 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 December 13, 2010 at 7:07 p.m.
ROLL CALL
Present: Oscar Trevino Mayor
Ken Sapp Mayor Pro Tern, Council, Place 2
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
Jimmy Perdue Director of Public Safety
Mike Curtis Managing Director
Vickie Loftice Managing Director
Patricia Hutson City Secretary
George Staples Attorney
A.1
INVOCATION
Councilman Lombard gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Councilman Lombard led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
Mayor Pro Tern Sapp recognized the following members from the Youth Advisory
Committee — Morgan Chaney, Rachel Becker and Mason Chaney.
"GO PURPLE" CHECK PRESENTATION TO COMMUNITY ENRICHMENT CENTER
Councilman Barth, Kristin Weegar, Marketing and Research Coordinator, and Randy
Moresi, Chief Executive Officer North Hills Hospital presented a check in the amount of
$2,520 to Randy Clinton, Community Enrichment Center. The City in partnership with
North Hills Hospital, went purple this past fall to support the TCU Horned Frog Football
Team and the local Community Enrichment Center. T -Shirts were sold at North
Richland Hills City Hall and North Hills Hospital with all proceeds from the sale of the
shirts donated to the Community Enrichment Center.
A.4
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
TEXAS ANIMAL CONTROL ASSOCIATION VOLUNTEER OF THE YEAR AWARD
Councilman Whitson, JoAnn Stout, Director of Neighborhood Services, and Chun
Mezger, Supervisor of the NRH Animal Adoption and Rescue Center, presented Ms.
Janet G'Sell with the Outstanding Volunteer Award from the Texas Animal Control
Association (TACA). Ms. G'Sell, a volunteer at the NRH Animal Adoption & Rescue
Center, was awarded the honor by TACA for outstanding volunteer services in animal
welfare services, for demonstrating exceptional dedication and performing outstanding
work beyond the requirements of the volunteer position and for providing support or
services that benefited the nominating agency.
A.5
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
GRANT CONTRIBUTION BY SCORE TO NRH LIBRARY
Councilman Lewis introduced Mr. Jim Talbert, Fort Worth Chapter SCORE Chair, and
Glen Phillips, representing SCORE. Mr. Talbert presented a contribution grant of
$1,000 to Steve Brown, NRH Library Director. The grant will assist in expanding the
small business counseling resources of the library by converting an existing small
storage space into a second counseling office.
A.6
CITIZENS PRESENTATION
None.
A.7
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
None.
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF NOVEMBER 8, 2010 CITY COUNCIL MEETING
B.2 PU 2010 -027 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH
THE CITY OF ROWLETT
B.3 PU 2010 -029 AWARD BID NO. 11 -008 FOR SEWER AND WATER PIPE
MATERIAL TO MULTIPLE VENDORS
B.4 PU 2010 -030 RENEW CONTRACT FOR THE MISCELLANEOUS CONCRETE
IMPROVEMENT WITH HARD KOUNTRY CONCRETE
B.5 PU 2010 -031 APPROVE CONTRACT RENEWAL OF MICROSOFT
ENTERPRISE SOFTWARE AGREEMENT WITH DELL COMPUTERS
B.6 GN 2010 -104 AUTHORIZE THE CITY MANAGER TO EXECUTE A JOINT
RESOLUTION WITH TARRANT COUNTY FOR 800 MHZ RADIO
MAINTENANCE SERVICES
B.7 GN 2010 -100 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 - ORDINANCE
NO. 3120
B.8 GN 2010 -102 CONSIDER EXTENSION AGREEMENT FOR MEDICAL
DIRECTOR CONTRACT
B.9 PU 2010 -034 AWARD BID NO. 11 -009 FOR DUMP TRUCKS TO SOUTHWEST
INTERNATIONAL IN THE AMOUNT OF $260,988
B.10 GN 2010 -101 AMENDING CHAPTER 10 OF THE NORTH RICHLAND HILLS
CODE OF ORDINANCES - REGULATIONS FOR AMUSEMENT CENTERS
AND BILLIARD HALLS - ORDINANCE NO. 3122
MAYOR PRO TEM SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7-0.
PUBLIC HEARINGS
C.1
SUP 2010 -08 PUBLIC HEARING AND CONSIDERATION OF A REQUEST
FROM GARY AND MARIE RABEL FOR A SPECIAL USE PERMIT FOR A
TWO CAR DETACHED GARAGE AND SHOP AT 6800 LITTLE RANCH ROAD
- ORDINANCE NO. 3117
APPROVED
Mayor Trevino opened the public hearing.
Mr. Gary Rabel, property owner, presented a request for the approval of a special use
permit to erect an accessory structure at his residence located at 6800 Little Ranch
Road. Mr. Rabel would like to construct a 1,120 square foot two car detached garage
and shop.
Mr. John Pitstick, Director of Planning, summarized the request and presented the
recommendation of the Planning and Zoning Commission. The Zoning Ordinance
requires a SUP permit for accessory structures located in the R -1 -S District exceeding
500 square feet. The structure will be required to meet the same masonry requirements
as the existing house. The Planning and Zoning Commission recommended approval
with the stipulation that the proposed garage /shop meet the architectural requirements
of the existing house.
Mayor Trevino called for anyone wishing to speak in favor of or against the request to
come forward.
There being no one wishing to speak, Mayor Trevino closed the public hearing.
COUNCILMAN WELCH MOVED TO APPROVE SUP 2010 -08, ORDINANCE NO. 3117, WITH THE
STIPULATION THAT THE PROPOSED GARAGE/SHOP MEET THE ARCHITECTURAL REQUIREMENTS
OF THE EXISTING HOUSE. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
D.0
PLANNING & DEVELOPMENT
No items for this category.
E.1
PW 2010 -040 APPROVE PROFESSIONAL SERVICE AGREEMENT WITH THE
RJN GROUP, INC. FOR PHASE II SANITARY SEWER ASSESSMENT
PROJECT IN THE AMOUNT OF $350,743.00
APPROVED
Mr. Jimmy Cates, Public Works Operations Manager, presented the item. Council is
being asked to consider a professional services agreement with RJN Group, Inc. for the
Phase II Sanitary Sewer Assessment Project. The project is a continuation of the City's
Sanitary Sewer Assessment Project started in May 2009 and includes detailed analysis
of the City's sanitary sewer system in the southern section of the city. Mr. Cates
highlighted the scope of the work. Staff is recommending Council award of the
Professional Services Agreement with RJN for an amount not to exceed $350,743.
COUNCILMAN LOMBARD MOVED TO APPROVE PW 20110 -040, APPROVING A PROFESSIONAL
SERVICE AGREEMENT WITH RJN GROUP, INC. FOR PHASE II OF THE SANITARY SEWER
ASSESSMENT PROJECT FOR AN AMOUNT NOT TO EXCEED $350,743.00. COUNCILMAN BARTH
SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
E.2
PW 2010 -041 REVISE THE 2010/11 CAPITAL PROJECT BUDGET AND
AWARD OF PROJECT RFB NO. 11 -006 TO STABILE & WINN, INC. IN THE
AMOUNT OF $361,570.10 FOR THE CONSTRUCTION OF THE TERRY DRIVE
STREET IMPROVEMENTS PROJECT (ST1003)
APPROVED
Mr. Gregory VanNieuwenhuize, Assistant Public Works Director, presented the item.
Item is to consider awarding a construction contract to Stabile & Winn for the
construction of Terry Drive Street improvements. The CIP project consists of
reconstructing approximately 1,100 feet of asphalt pavement with concrete pavement,
reconstructing sidewalks, and upgrading the existing sanitary sewer main. Mr.
VanNieuwenhuize advised that the original project estimate in 2001/2002 did not
include sanitary sewer reconstruction. Since that time service related issues have
arisen and it is also now the city's policy to replace non -PVC sanitary sewer mains
located beneath roadway pavement during a street reconstruction project. Mr.
VanNieuwenhuize advised of the funding source for the additional funds needed. Mr.
VanNieuwenhuize also explained that when the existing sidewalks were constructed,
five property owners protested the sidewalks and a decision was made to defer
sidewalk construction for those five residents until a later date. These five property
owners are again requesting the sidewalks be omitted from their properties. City Staff
has also received requests from other residents in the area requesting installation of the
sidewalks to create a safe walking environment for school age children. Staff is
recommending the approval of a Budget Revision to the FY 2010/2011 Capital Projects
Budget, the award of Bid No. 11 -006 to Stabile & Winn, Inc. in the amount of
$367,570.10 for the construction of the Terry Drive Street Improvements Project (Susan
Lee Lane to North Richland Boulevard) which includes sidewalks along both sides of
this section of Terry Drive and authorizing the City Manager to execute such agreement.
Mayor Trevino advised that under the new Council Rules of Procedure, he has received
a request to speak from a citizen on this issue. Mayor Trevino inquired if there were
any objections from the Council. The Council had no objections to hearing from the
citizen.
Ms. Maurice Odom, 7593 Terry Drive, advised five residents on his side of the street
voted years ago against the installation of the sidewalks. Mr. Odom stated that the five
residents still did not want the sidewalks. Mr. Odom advised they were happy not
having a sidewalk and felt the sidewalk would only be blocked by cars.
COUNCILMAN TURNAGE MOVED TO APPROVE PW 2010 -041, APPROVING THE BUDGET
REVISION TO THE FY 2010 -2011 CAPITAL PROJECT BUDGET; AWARDING BID NO. 11 -006 TO
STABILE & WINN, INC. IN THE AMOUNT OF $361,570.10 FOR THE CONSTRUCTION OF THE
TERRY DRIVE STREET IMPROVEMENTS PROJECT (SUSAN LEE LANE TO NORTH RICHLAND
BOULEVARD) WHICH INCLUDES SIDEWALKS ALONG BOTH SIDES OF THIS SECTION OF TERRY
DRIVE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AGREEMENT. COUNCILMAN
WELCH SECONDED THE MOTION.
Councilman Turnage commented that he had looked at the situation and felt it was
important to have sidewalks in close proximity to two schools. He did not feel that the
sidewalks would necessitate the removal of trees or landscaping.
MOTION TO APPROVE CARRIED 7 -0.
GENERAL ITEMS
F.1
GN 2010 -103 AUTHORIZATION TO UTILIZE GOLF CARTS ON PUBLIC ROADS
FOR PARCEL DELIVERIES - RESOLUTION NO. 2010 -033
APPROVED
Assistant Chief Hamlin presented the item. Council was advised that United Parcel
Service has requested permission to utilize golf carts to deliver packages during the
holiday season in two high- density residential areas of the City. State statute allows
governing bodies to grant permission for the operation of golf carts on roadways with
posted speed limits less than 35 mph and certain safety equipment affixed. Staff is not
recommending a blanket approval, but is recommending delivery services be allowed to
utilize golf carts as allowed by State Law for the delivery of parcels.
MAYOR PRO TEM SAPP MOVED TO APPROVE RESOLUTION NO. 2010 -033. COUNCILMAN
WELCH SECONDED THE MOTION..
MOTION TO APPROVE CARRIED 7 -0..
F.2
PU 2010 -032 AUTHORIZE THE PURCHASE OF GRANT FUNDED EQUIPMENT
FROM REMOTEC (A DIVISION OF NORTHROP GRUMMAN) TOTALING $146,926
APPROVED
Mr. Sean Hughes, Emergency Management Coordinator, presented the item. Council
is being asked to authorize the purchase of equipment for the Northeast Explosives
Response Team. Funding is provided by grant funds from the U.S. Department of
Homeland Security's Urban Area Security Initiative. Funding will be used to purchase a
Hybrid Radio System, upgrade F6A robot to the F6+ and purchase Power Hawk
Assembly for use with the robot.
COUNCILMAN LOMBARD MOVED TO APPROVE PU 2010 -032, AUTHORIZING THE PURCHASE OF
GRANT FUNDED EQUIPMENT FROM REMOTEC (A DIVISION OF NORTHROP GRUMMAN) TOTALING
$146,926. COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.3
PU 2010 -033 CONSIDER RENEWAL OPTION TO THE IRON HORSE
MANAGEMENT AGREEMENT WITH EVERGREEN GOLF LIMITED, L.P.
APPROVED
Ms. Vickie Loftice, Managing Director, presented the item. Item is to consider the
approval of the final one -year renewal option with Evergreen Golf Limited (EAGLE) for
the operation and management of Iron Horse Golf Course. The current Management
Agreement with EAGLE was for a three -year period beginning in January 2007 with two,
one -year renewal options. Staff is recommending the execution of the final one -year
renewal option. Requests for Proposal will be issued in mid -2011 from golf course
management firms for a three -year agreement with two, one -year renewal options
beginning in January 2012.
COUNCILMAN LEWIS MOVED TO APPROVE PU 2010 -033, APPROVING THE FINAL ONE -YEAR
RENEWAL OPTION TO THE IRON HORSE MANAGEMENT AGREEMENT WITH EVERGREEN GOLF
LIMITED, L.P. COUNCILMAN BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.4
GN 2010 -106 AUTHORIZE THE CITY MANAGER TO SIGN AN EXTENSION TO THE
CURRENT ELECTRIC SUPPLY AGREEMENT FOR THE CITY'S ELECTRICITY
NEEDS THROUGH DECEMBER 31, 2018 - RESOLUTION 2010 -034
APPROVED
Ms. Karen Bostic, Assistant City Manager, presented the item. Council is being asked
to approve a resolution that authorizes the Cities Aggregation Power Project (CAPP) to
negotiate an extension to the current electric supply agreement for a fixed price that is
lower than the current contract rates; extends the electric supply contract through
December 31, 2018; approves CAPP contracting with Next Era and authorizes the city
manager to sign a contract with CAPP for the city's electricity needs for the period
beginning January 1, 2011 through December 31, 2018; commits the city to budget for
energy purchases and honor the city's commitments to purchase power through CAPP
for its electrical needs through December 31, 2018. The City has been a member of
CAPP since 2002 and is currently under a five -year electric supply contract with CAPP
that runs for the period January 1, 2009 through December 31, 2013. The current
electric provider is proposing a new 8 -year contract that will lower electric costs for the
remaining three calendar years of the current contract and also extend that contract for
five additional years. This will cut $145,000 or more from the city's anticipated electric
costs in 2011, 2012 and 2013. Staff is recommending approval of the resolution.
COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION NO. 2010 -034. COUNCILMAN
BARTH SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
F.5
GN 2010 -108 PIPELINE RIGHT -OF -WAY AGREEMENT WITH TEXAS MIDSTREAM
GAS SERVICES COMPANY FOR GAS PIPELINE THROUGH CITY OWNED
PROPERTY IN THE 9100 BLOCK OF KIRK LANE
APPROVED
Mr. John Pitstick, Director of Planning, presented the item. Council is being asked to
approve a 10 -foot wide pipeline agreement with Texas Midstream Gas Services
Company across city property in the 9100 block of Kirk Lane to construct a 20 -inch
pipeline to connect to the Morrow Stevens gas well site.
MAYOR PRO TEM SAPP MOVED TO APPROVE GN 2010 -108, APPROVING A GAS PIPELINE
RIGHT -OF -WAY AGREEMENT WITH TEXAS MIDSTREAM GAS SERVICES COMPANY FOR CITY
OWNED PROPERTY IN THE 9100 BLOCK OF KIRK LANE. COUNCILMAN TURNAGE SECONDED
THE MOTION.
MOTION TO APPROVE CARRIED 7 -0.
EXECUTIVE SESSION ITEMS
G.1
ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK
SESSION AGENDA
No action needed.
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilman Turnage made the following announcements.
NRH2O's 2011 Season Passes are now on sale. Purchase your pass before December
31st and receive a discount, plus a souvenir bottle and free tickets for friends. For more
information, please call 817 - 427 -6500 or visit www.nrh2o.com.
City offices will be closed for the holidays on Friday, December 24th and Friday,
December 31st. Residential garbage and recycling collections will not change for the
holidays. Friday collections will be made as normal.
The December 27th City Council Meeting has been cancelled. The next meeting is
scheduled for January 10th at 7 p.m.
Kudos Korner — Mark Hindman, City Manager. Mark was recently recognized by the
International City Managers Association for 25 years of public service. While he has
been with the City of North Richland Hills for a little over one year now, he brings a
wealth of experience and knowledge to our community and we appreciate his many
years of service.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 8:15 p.m.
Oscar Trevino — Mayor
ATTEST:
Patricia Hutson, City Secretary
CITY OF
NORTH RICHLAND HILLS
Department: Finance Council Meeting Date: 1 -10 -2011
Presented by: Larry Koonce Agenda No. B.2
Subject: PU 2011 -001 Authorize Inter -local Purchasing Agreement with the City of
Temple
Summary
This item is a request for Council to approve an inter -local purchasing agreement with
the City of Temple.
General Description:
The City of Temple is requesting to enter into an inter -local purchasing agreement for
the purchase of goods and services from vendors selected through the competitive
bidding process. The City of Temple is interested in purchasing from the City of North
Richland Hills current contract (10 -042) for fire fighting clothes /bunker gear.
Council has authorized several of these inter -local agreements in the past and they
have been mutually beneficial to North Richland Hills and the other agencies.
Participation reduces the overall expense of soliciting bids and purchasing in larger
quantities often lowers the cost of the goods and /or services. Each agency will place
their orders and pay the vendors directly. North Richland Hills or the City of Temple may
change or cancel the agreement with a 30 -day written notice.
North Richland Hills currently participates in inter -local agreements with several local
governments. Some of the agreements are with the City of Cedar Hill for the purchase
of EMS medical supplies, Tarrant County for the purchase of road materials and the
City of Hurst for the purchase of auto parts.
Recommendation
Authorize an inter -local agreement with the City of Temple.
CITY OF
NORTH RICHLAND HILLS
Department: Police Council Meeting Date: 1 -10 -2011
Presented by: Jimmy Perdue Agenda No. B.3
Subject: GN 2011 -002 An Interlocal Agreement Establishing the North Central Texas
Major Case Investigative Team — Resolution No. 2011 -001
Summary
The North Central Texas Major Case Investigative Team (MCIT) is a multi - jurisdictional
effort concentrating investigative resources in the event of a major crime. The Tarrant
County Criminal District Attorney's Office will serve as the MCIT Coordinating Agency
and may enter into an agreement with neighboring municipalities to provide the
foundation for the organization, administration, and operation of the MCIT.
General Description
The primary goal and purpose of the MCIT is to provide a pool of specially- trained
investigators and support staff that will allow for the concentration of investigative
resources beyond the capabilities of any individual agency. A large number of trained
investigators focusing on a single investigation will allow participating agency
administrators to organize rapid and more comprehensive responses to events of great
concern to local communities. Each MCIT member agency agrees to dedicate at least
one investigator for training, organizational and preparedness meetings, and response
to a call for assistance from MCIT staff.
To provide for voluntary cooperation in the MCIT, each participating law enforcement
agency, via their respective governing bodies, must approve and enter into a
Memorandum of Agreement.
Recommendation
To approve Resolution No. 2011 -001.
NKH RESOLUTION NO. 2011 -001
A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT
ESTABLISHING THE NORTH CENTRAL TEXAS MAJOR CASE
INVESTIGATIVE TEAM.
WHEREAS, the North Richland Hills Chief of Police has recommended that the city
participate with Tarrant County, the Texas Rangers, other municipalities,
the Tarrant County Criminal District Attorney, the Tarrant County Sheriff,
and police departments of other municipalities for the establishment of the
North Central Texas Major Case Investigative Team under a
Memorandum of Agreement for the concentration of investigative
resources in the event of major crimes;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That the certain agreement styled "NORTH CENTRAL TEXAS MAJOR
CASE INVESTIGATIVE TEAM Memorandum of Agreement' between
other law enforcement agencies and the City of North Richland Hills be,
and the same is hereby approved.
AND IT IS SO RESOLVED.
PASSED AND APPROVED this the 10th day of January, 2011.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Public Safety Director
NORTH CENTRAL TEXAS MAJOR CASE INVESTIGATIVE TEAM
Memorandum of Agreernen
z. pvrpnx*.
The below subscribed law enforcement agencies have joined together iva*ulU1wrisdicdonw|effort
to concentrate investigative resources inthe event m[a major crime. This initiative will be uerned
the North Central Texas Major Case Investigative Team, The purpose of this agreement ivzoprovide
the foundation for the *,oa^ixwivn adm1nbtrauo^, and operation of the North Central Texas Major
Case Investigative Team (wOT).
z. Definitions:
The terms listed in this section shall have the following meanings when used in this agreement:
"Participating Agency" means any law enforcement agency that is a party mthis agreement,
"Coordinating Amevq/ mean* the participating agency designated to maintain the
administrative and financial records related mthe w0rAddiciooe||y the tonmi^auog Agency
facilitates training and the acquisition nf needed equipment for the oxcn.
^cmo, sxczvd°,^ means the highest m^Wnm member uy"o pu:"nv participating in the MCrr
This would include the Tarrant County Criminal District Attorney, Sheriffs of County, the Chief
of pv|ic* or mrerm, of Public Safety of a municipality, and the Major of Company o. Texas
xonmp,s.
"Member or Participant" means any law enforcement officer or support person employed by a
participating agency and designated by the aocvcv', Chief Executive, or his designee, to
participate in the wcn.
"Requesting Agency" means a participating agency who requests the assistance of the MCIT in
responding mu serious incident in its jurisdiction.
"Response Tearn" means the MCIT participants designated to respond to a MCIT activation.
"MCIT Coordinator means the person appointed to carry out the wCn Board's directives
relating to the oversight, coordination, and support ofMoroperations. The mcIT Coordinator's
duties are generally administrative in nature. The MOT Coordinator r-nay assume supervision of
operational duties a: requested by the VoondnfDirectors.
°mcIT Incident Commander' means the person designated tu manage the operational activities
of mCn activation, This person may be designated on a caue'hv'cwsebasis.
"Requesting Agency Liaison" means the person assigned to represent the requesting agency by
that agency's Chief Executive, or his/her designee. This person wil work closely with the MCIT
Coordinator and Incident Commander to ensure that the Requesting Agency is informed and
involved m every aspect of the KxCnoperation,
a. Authority:
The statutory authority for this mmw=| aid agreement is contained in Chapter 791 of the Texas
Government [b6e and Chapter 902 of the Texas uno\ Government Code. Nothing within this
agreement is intended to change that authority.
o. Administration:
The North Central Texas Major Case Investigative Team will be administered by a Board of Directors
made up of the Chief Executives of agencies providing personnel to the MCIT. The Tarrant County
Criminal District Attorney's Office will act ax the /mQT Coordinating Agency.
The makeup of the Board will be:
�
The Tarrant County Criminal District Attorney- Chief Executive of the Coordinating
Agency
�
The Sheriffs of Denton County, Ellis County, Johnson County, Parker County, Tarrant
County and Wise County
� The Major of Company 8, Texas Rangers
�
Tarrant County Police Chiefs from cities with population over zm\VoO(zmembers)
�
Tarrant County Police Chiefs from cities with puuolat|uo under 100,000 and over
zo
�
Tarrant County Police Chiefs from cities with population under 20,000 (3 members)
The Board uf Directors will meet annually, orasrequired, Correspondence concerning theyNCIT
should be addressed to:
North Central Texas Major Case Investigative Team
Tim Curry Criminal Justice Center
401 West Belknap Street
Fort Worth, Texas 7619$-0201
Attn: Board ofDirectors
5. Primary Goal and Statement of Cooperation tnbeRendered:
The primary goal and purpose of the MCIT is to provide a pool of specially trained investigators and
support staff that allows for the concentration of investigative resources beyond the capabilities of
2
any individual agency. A large number of trained investigators focusing on a single investigation
allow participating agency administrators to organize rapid and more comprehensive responses to
events of great concern to local communities.
To provide for voluntary cooperation, each of the participating agencies hereby approves and enters
into this agreement whereby each of the agencies may request and render law enforcement
assistance to the MCIT participating agencies, in dealing with violations occurring in their
jurisdictions.
Each MCIT member agency agrees to dedicate at least one investigator for training, organizational
and preparedness meetings, and response to a call for assistance from MCIT staff.
6. Standard Operating Procedures:
The MCIT Coordinator shall be responsible for drafting and maintaining written Standard Operating
Procedures (SOP) governing important matters of the MCIT, to include qualifications, activations,
protocols and notifications. The MCIT Board of Directors will be responsible for the adoption and
any revisions of the SOP.
7. Initial Deployment:
The deployment of a response team will follow a request from a participating agency's chief
executive, or a designated representative, made to the MCIT Coordinator or a member of the MCIT
Board of Directors. The requesting agency will designate an agency liaison to work with the MCIT
Incident Commander to oversee the investigation. The requesting agency will remain actively
involved in the investigation working closely with the MCIT Coordinator and MCIT Incident
Commander through the Requesting Agency Liaison.
The parties to this agreement stipulate that in the event that a significant investigative or
jurisdictional dispute should arise, the issue will immediately be forwarded to the MCIT Board of
Directors by the requesting agency chief executive or his /her designee, if the issue cannot be
resolved immediately by the MCIT Incident Commander and /or the MCIT Coordinator.
The MCIT Coordinator will be responsible for contacting the members of the response team and
giving them the initial deployment location, after consultation with the designated MCIT Incident
Commander and Requesting Agency Liaison.
The parties to this agreement stipulate that they will allow their MCIT participant to respond to the
MCIT deployment for a minimum of five (5) working days or the conclusion of the deployment
whichever is less. Should the deployment require a commitment for longer than the five (5) working
days, the MCIT Coordinator shall make an extension request to the Board of Directors and the MCIT
Investigator's home agency will be notified of the extension.
3
8. Withdrawal from Response:
The Chief Executive, or his /her designee, may discontinue the participation of his /her employee in
any activity initiated pursuant to this agreement.
9. Equipment:
The parties to this agreement stipulate that they will provide a vehicle for their investigator(s) along
with their regular work and safety equipment assigned to them.
The agency requesting assistance from the MCIT shall provide a suitable place for the team to meet
and do their work. Telephone, computers, and network connections shall be made available to the
team.
All participating agencies agree that equipment purchased with funds made available for the specific
use of the MCIT shall be under the care, custody, and control of the MCIT Coordinating Agency. If
and when the North Central Texas Major Case Investigative Team initiative is terminated,
equipment may be subject to equitable sharing to the participating agencies upon written request
and subsequent approval of the MCIT Board of Directors.
10. Qualification of Office and Oath:
The qualifications of office of participating agencies members shall constitute his or her
qualifications for office within the territorial limits of the requesting agency and no additional oath,
bond, or compensation shall be required.
11. Right to Reimbursement:
Each party to this agreement, when providing services of personnel as a responding member,
expressly waives the right to receive reimbursement for services performed or equipment utilized
under this agreement even though a request for such reimbursement may be made pursuant to
Chapter 362 of the Texas Local Government Code.
12. Officer Benefits:
Any member of a participating agency assigned to the assistance of another participating agency
pursuant to this agreement shall receive the same wage, salary, pension, and all other
compensation in all other rights of employment in providing such service, including injury, death
benefits and worker compensation benefits as well as any available insurance, indemnity or
litigation defense benefits. Said benefits shall be the same as though the member in question had
been rendering service within the territorial limits of the agency where he or she is regularly
employed. All wage and disability payments, including worker compensation benefits, pension
4
payments, damage to equipment, medical expenses, travel, food and lodging shall be paid by the
agency which regularly employs the member providing service pursuant to this agreement in the
same manner as though such service had been rendered within the limits of the agency where such
person is regularly employed. Each responding participating agency shall remain responsible for the
payment of salary and benefits as well as for legal defense of the responding agency's personnel
when acting pursuant to this agreement.
13. Liability:
In the event that any person performing law enforcement services pursuant to this agreement shall
be named or cited as a party to any civil claim or lawsuit arising from the performance of their
services, said person shall be entitled to the same benefits from their regular employer as they
would be entitled to receive if such similar action or claim had arisen out of the performance of their
duties as a member of the agency where they are regularly employed and within the jurisdiction of
the agency by whom they are regularly employed. The participating agencies hereby agree and
covenant that each agency shall remain solely responsible for the legal defense and any legal liability
due to the actions of an officer or other personnel regularly employed by said agency. Nothing
herein shall be construed to expand or enlarge the legal liability of a participating agency for any
alleged acts or omissions of any employee beyond that which might exist in the absence of this
agreement. Nothing herein shall be construed as a waiver of any legal defense of any nature
whatsoever to any claim against a participating agency or against an officer or employee of a
participating agency.
14. Waiver of Claims:
Each party to this agreement and its participating members respectively waives all claims against
each and every other party or member for compensation from any loss, damage, personal injury or
death occurring as a consequence of the performance of this agreement even though such alleged
damage may have or is alleged to have occurred as a result of alleged negligent or other tortuous
conduct of any party to this agreement.
15. Immunity Not Waived:
The parties hereto expressly do not waive any immunity or other defenses to any civil claims with
the execution of this agreement. It is understood and agreed that, by executing this agreement, no
party or member hereto waives, nor shall be deemed hereby to waive, any immunity or defense
which otherwise is available in claims arising which are in connection with any activity conducted
pursuant to this agreement.
s
16. Venue:
Each party to this agreement agrees that if legal action is brought under this agreement, the venue
shall lie in the county in which the defendant member is located, and if located in more than one
county, then it shall lie in the county in which the principal offices of said defendant member are
located. The parties hereby stipulate and agree that this agreement i,tobe construed and applied
under Texas law.
l7. Arrest Authority Outside Primary Jurisdiction;
it is expressly agreed and understood that a law enforcement officer employed by participating
aVe^ry who performs activities pursuant to this agreement may make arrests outside the
jurisdiction in which said officer is mOu|edy employed, but within the area covered by this
agreement; pnmided. however, that the law enforcement agency ofthe requesting jurisdiction
and/o, the jurisdiction in which the arrest is made shall be notified of such arrest without
unreasonable delay. The peace officers employed by the parties tu this agreement shall have such
investigative or other law enforcement authority in the jurisdictional area encompassed by the
participating agencies, collectively, to this agreement as is reasonable and proper to accomplish the
purposes for which a request for mutual aid assistance is made pursuant to this agreement.
18. Clauses Severable:
The provisions of this agreement are to be deemed severable such that should any one or more of
the provisions u, terms contained in this agreement he, for any mason, held to be invalid, illegal,
void or unenforceable; such holding shall not affect the validity of any other provision or term
herein and the agreement shall be construed as if such invalid, unenforceable, illegal or void
provision o, term did not exist.
1g. Media Releases:
The responsibility for media releases rests with the agency where the offense occurred. The
designated Public Information Officer by that jurisdiction shall work closely with the supervisors of
the MCIT and information will not be released to the media without tile supervisors from the MCIT
approving the content in regards to its potential consequences on the successful outcome ofthe
case. Final authority for all media releases is retained by the requesting agency's chief executive.
zn, Property and Evidence:
All property and evidence, including currency, seized in connection with state violations pursuant to
this agreement will be processed and maintained by the requesting agency oras otherwise agreed.
6
21. Equitable Sharing:
Any property seized as a direct or indirect result of a MCIT activation that is considered contraband
subject to forfeiture proceedings pursuant to Chapter 58 o/ the Texas Code mfCriminal Procedure
(CCP)vvU] be handled in accordance with any prior Chapter 59 Forfeiture Agreements entered into
by the Tarrant County Criminal District Attorney and each of the participating agencies. If no such
agreement exists, then the parties ,n this agreement agree tohandle said property in accordance
with Chapter 5$uf the CCP.
22. Procedures for Review and Revision mf this Agreement:
Review of this agreement shall be made by the Board of Directors as required. The Board of
Directors shall meet annually, or as otherwise needed, to evaluate the results and merits of this
multi-jurisdictional effort Any revisions or decisions regarding the operation of the MCIT shall be by
a majority of votes cast by the Board of Directors in attendance at the called meeting.
23' Termination ofAgreement
Any party to this agreement may terminate its participation or rights and obligations as a party by
providing thirty (301 days written notice to the Board of Directors at the address listed in Section 4
of this agreement, Such termination or withdrawal shall have no effect upon the rights and
obligations of the remaining parties under this agreement.
24. effective Date'
This agreement becomes effective immediately upon execution by the parties hereto and continues
to remain in effect until terminated pursuant to Section 23 above. This agreement may be
duplicated for dissemination to all parties, and such duplicates shall be, of the same force and effect
as the original.
25, Modification:
This agreement may be amended or modified by the mutual agreement of the parties hereto in
writing to he attached to and incorporated into this agreement. This instrument contains the
complete agreement of the parties hereto and any oral modifications, or written amendments not
incorporated to the agreement, shall be of no force or effect to alter any term or condition herein.
26. Execution otAgreement:
This agreement shall be executed by the duly authorized official of the respective parties pursuant
'to approving resolutions of the governing body of the respective units of local government. Copies
r
of said approving resolutions shall be attar-tied hereto and made a part hereof. This agreement may
be executed in multiple original copies by the respective Parties,
27. Compliance with Law:
The Parties shall observe and comply with all applicable Federal, State and Local laws, rules,
ordinances and regulations that affect the provision of services provided herein,
28. Coordinating Agency.
The parties hereby agree that the Tarrant County Criminal District Attorney's Office shall serve as
the Coordinating Agency of this agreement, The Tarrant County Criminal District Attorney's Office
shall maintain on file executed originals and any future modifications to this agreement.
fh
Executed and entered into this the 7 day of !)ftrew -fie g 2010 by:
TARRANT COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE
J S annon.1r. L/
n County Criminal District Attorney
TARRANT COUNTY, TEXAS
K
ten Whitley
rrant County Judge
APPROVED AS TO FORM*:
' Assistant District At
- By law, lhe Nsl AnoV�s Office may ONY ad— or 9PPfwe MMIOM 01 leglt
d t, .n hChall of m 14,. It may oat .&,II, ., pp-11 . —to Wl
13--t .11 behalf of W Pa'I 0., n,vw Of this dro—ot — carWuczwi
,olvv 4.1, the legal pe,50-l" OF Do, Ckut, aw avo,0,41 a elorf omurreot —5
0—d We; lot to, bwry f, of our rimot Orly, I,jupes %l,ovW not rely on thK
oBf,w,al,1 ho.ld cok,4— 4od ppWb,
8
APPROVAL OF NICIT MEMORANDUM OF AGREEMENT:
TARRANT COUNTY SHERIFF'S OFFICE
Dee Anderson Date
Tarrant County Sheriff
CITY OF
NORTH RICHLAND HILLS
Department: Police Council Meeting Date: 1 -10 -2011
Presented by: Jimmy Perdue Agenda No. BA
Subject: GN 2011 -003 Authorize Special Events Agreement with City of Arlington
Summary
The City of Arlington has prepared a Special Events Agreement which would allow
Arlington to request assistance from other jurisdictions in the event Arlington needed
on -duty peace officers for Cowboys Stadium events.
General Description
Pursuant to agreements between the Cowboys Stadium, LP (CSLP) and the City of
Arlington, CSLP employs off -duty peace officers for the provision of public safety at
Cowboys Stadium events. The City of Arlington is obligated to provide the officers in
the event that CSLP cannot hire the necessary numbers for an event. In the unforeseen
circumstance that a sufficient number of off -duty police officers were not available to
work a Cowboys Stadium event, the City of Arlington would need a mechanism in order
to obtain the services of on -duty peace officers from other jurisdictions. The majority of
the current inter -local and mutual aid agreements in place between Arlington and other
entities are only valid in the case of an emergency or for specific task force situations
and could not be utilized to obtain on -duty officers for Stadium events. As a result, the
City of Arlington has prepared a Special Events Agreement which would allow Arlington
to request assistance from other jurisdictions. The Agreement is reciprocal and would
allow both parties to request assistance from each other at events other than Stadium
events.
This agreement does not obligate us to participate but creates a framework under which
our officers could work an event and be covered with the requisite legal authority. The
agreement allows for the reimbursement of expenses including salaries for the officers
sent to the location.
Recommendation
To approve Special Events Agreement with City of Arlington
THE S=ATE OF TEXAS
SPECIAL EVENTS AGREEMENT
_:N,Ji'! ALL BY THEM._ PR
=HIS SPECIA! E.?EI'I.,_ e"GREZ%]ENT (hereafter `Agrcer.r.e t ") is
entered into this day of , 2CA, between
the C ITY O F RIIP ;Tt`N, TEX."'.y (hereafter "ARLINGTON"), , and --the
executing below (hereafter 11)
W 1 T N E S S- T :H
WHEREAS, the mitt; o f Arli_gz� o_ is home to Stadium
(hereafter "S`adium"
WHEREAS, numero large venue events are held at the Stadium
each year
WHE R E AS, ' AS C����b 'i m:
. Sta6ju, 1* 0 (hereaf e " " " is primarily
V f
responsible for the �ros.isioncf public safety a the
Stadium, and prov such, by the employment of off
duty p eace officers:
WHER _n the event that 4:M,LF is unable obtain the
.
necessary 1ff - 6utY off icers tRL= I+ TCN may
need to obtain the serv ices of cn l zt- peace officers
in order so provide the necessary law enforcement
services newde an l arge venue events;
WHEREAS, both parties occasionally have large events in.. their
juris whereby they need to obtain the services
of on - clusy peace offi cers in order to p'r .ide the
necessa enfo rcement ser`7icc � : t 'ic 9 ev ti__
and
WHEREAS, in accordance wish chapter 3Z2 of she Texan Local
Government Code a county, municipality or - - ;int
airport ..a` enter _nu_3 an agreement to form a mutual
aid law +ten orco ent rusk force; NOW .T'HE'REFOR
:n consideration of the cr- ,emants and agreements
hereinafter contained and subject to the terms an conditions
hereinafter :ated, the parties ne=e so- do mutuallv agree as
follows
V
Purpose of Agreement
:he purpose of thiE lgreemeni is to so= the terms,
Conditions, and processes by which ARIIL?TO or may
request and obt ain law enforcement services or explosive
ordinance dispc3K (hereafter "EOW) services from the other.
Ii.
Definitions
:he following terms shall h in
have the followg meanings Yben
'
uses in this _ greement:
1. 'Iaw Enforcement Officer" means any commissioned peace
officer as defined under the Texas Code of Criminal
Procedure.
2. "Chief Law Enforcement officer" means t C-hief Cf Police
of a municipality or other local governmental enmity or the
sheriff of a county.
3, "NIMS" means the Nam"nal Incident Management System of
the Department of Homeland Security, that provides a
consistent approach to the effe:tive management of
si t ua tions involving natural disasters, man-made disasters
or terrorism and contains a practice model fox the
accom plishment of the responsibilities associated with
prevention, preparedness, respvVse� recovery and mitigation
of all major and _national hazara sizoazions.
III.
Term
This Agreement shall firs! bessme effective Upon the date
first wUrzen above and remain in effect indefinitely, unless
terminated earlier as hereinafter described.
IV.
Recpaest for Assistance
Whenever ARLING70N or is scheduled to have a large
even, for which it needs ad,ditionaL cn-dusy peace officers, it
May re':Juest. assistance from the other party. - The requesting
p!a complete an Addendum in substantia-' form to the
. a ,,all
Addendum attached hereto as Exhibit Exhibit "A" is
incorperatel by reference as if written ' w:.rd for word. The
requesting party (hereafter 1 'PZQUES7:NG will provide
the Add enaam to the other party (hereafter "RESPONDING ME=R"
and if ?ZSPaN1:NG MEMBER is agreeable to pr vl&ing such
ne
personl and then RESPON=NG _H_FY= snall evidence
such by exec�_zz;ing the Add __:dam and returning r-o REQU15T:NG
ME ER. once execu by both ARL:NGTCN and the . . . . . , the
Addendum s hall thereafter become a part of this Agreement and he
subject to its terms and conditions. Hc in the event of
conflict between an Addendum and this Agreement, the ;Lddendduni
small cony_ 1. By executing an Addendum, the officers and/or
agents executing are anknowLedging that they are properly
authorized tt C execute the !�Lddend on b e h a 1 f: of their
represented enmity and sertifLes to the other than any necessary
2)
resolutions or actions extending such authority have been duly
passed and are in full force and effect.
VT.
Operational Control
All personnel of a RESPONDING MEMBER shall report to
REQjEsTIJ mEl.:aER'S on-scene commander at the location to which
said law enforcement yersonnel have been dispatched and shall he
under the cperawncna- command of PEIDES7ING =31R'S Chief law
Enforcement Officer or his designee. However, in the event that
a command conflicts with the general orders the RESPONDI.':'"G
ME
. KBER, the personnel of a RESPONDING MEMBER shall notify
REOUESTING MEMBER'• Chief Law Enforcement officer or his
designee of the conflict and comply with the command to the
fulleav exrenn allowed by the RESPON::NG MEMBER's general
orders. REQUEST:NG •EMBER'S Chief Law Enforcement Cfficer may
contact the RESPONDING MEMBER'S Chief law Enforcement officer to
attempt to resolve the conflict. However, the law enforcement
personnel of a RESPON!ING MEMBER cogs not have comply with
any portion of a command that conflicts with the general orders
-
of the RESPONDINS 14E`-fB:ER unless he RESFOE : 1 -, - t G I-E! Chjez
Law Enforcement cfficer notifies him that she determination has
been made that the comman ices no, conflict with the RESPONVING
MEMBER's general orders.
VII.
Release
Personnel of the RESPONDING MEMBER will be released by the
REQUESTIN:3 YE:14BER acccrd- = the - -errs r-f the kddenciu. or
when their services are no Longer necessary, whichever is
earliest. in the event that an unforeseen emergency arises in a
RESPONDING N=ER's "'uris _list ion, w h ile the M-
law enforcement officers are prcviding serv- in RF-C
MEMBER'S "uriadictLon under this Agreement via an Addendum, the
RESPONDINA MEMBER may recall its peace officers to their
]uri5dicticn.
Viii.
Qualifications of office and oath
While any law enforcement wfEicer regularly, employed by a-
RESPONDING MEMBER is in the service of REQUESTING MEMBER under
this Agreement, said law enforcement officer shall be deemed to
he a peace officer of REQUESTING MEMBER and be under the ccmman':<
of REQUESTING MEMBER'S Chief Law Enforcement Officer with all
powers of a. Law enforcement officer of REQUESTING MEMBER as if
said Law enforcement officer were within the territorial limits
of the governmental entity where said officer is regularly
employed. Personnel assigned under this Agreement by the
RES20NDING MEMBER shall he compliant 1"A N:M3. The
a lifi ca ti cns o f office of said law enforcement officers where
regularly employed shall constitute his or her zalificatfcns
(3)
for office within she territorial limits of REQUESTING HEMMER
and no additional oath, one or cCm pensatjcn shall to required.
IX.
Right to Rnimbursenent
The RESPON:ING MEMBER. which regularly employs the law
enforcemen, officer shall pay, all wages and disability payments,
pension payments, damages to and clothing, medical
expenses, and travel, food any. lodging expenses of sand officer.
After the RESPONDING MEMBER has ma-c' e F-a-yalent, or rer—lac-az-:d the
d amage d e quipment or clothing, and requested reimbursement from
REDUESTING MEMBER for such expense, then REQUESTING MEMBER shall
re the REspoNvING MEMBER in she amoun7 of the payment or
expense in a. timely manner; provided however, that she payment
shall be in line with the estimated 0 Lzts agreed to by the
parties in the Addendum for such services. The parties
acknowledge than any funds expended shall be made from current
funds legally available is she parties.
X.
officer Benefits
Each RESFONT:NG MEMBER shall provide she same wage, salary,
pension, and all other compensation and rights, including in".ury
or death benefits in its law enforcement officers or other
po personne ass 00 the assistance of REQUESTING MEYWR
n
uder this Agreement. said benefits shall in the same as though
she law enforcement o ffi cer o r persz.nnei i n -,:uesti-,:an had been
rendering service wirhLn the zerritorial limits o f the
:urisdicticn where he or she is regularly employed. All wage
and disability payments, including worker compensation benefits,
Wensicn payments, damage so equipment, medical expenses, travel,
mood and lodging s h a ll b pai b th REspoND:NG MEMBER which
regularly employs the officer providing service p ursuant to this
Agreement in the same manner .as though such service had Lee.-
rendered within rho limits of the RESPONDING MEMBER where such
p erso n or law enforcemenn officer is regularly employed.
FEQUESTING MEMBER shall reimburse RESPC ND= NG ME-MBE R. tae c3sMz;'5
associated wish it provision of such benefits. After the
RESPONDING MEMBER has made payment and requested reimbursement
z ha 1 re'.nnl-burse
ram REQUEWING MEMBER, then REQUESTIN MEMBER s
• the RESPCNDING MEMBER in the amcunl cz the PaIment in a timely
manner; provided however, than the payment shall be in line with
th estimated costs agreed on by the parties in the Addendum for
such services.
X1
Liability
REQUESTING YalMBER agr&e5 to be responsible fcr any civil
liability that arises from the fur--ishing of jaw enforcement
services by a RESPONDING MEMBER. However, nothing herein shall
be construed no expand or enlarge she legal liability of a Party
(1)
t this Agreement for any alleged, acts or omissions of an!.
em bevwn6 that which mfgh� exLst, in the absence of this
Agreement. Nothing herein shall le conszrued as a waiver Of any
legal defense of any nature whatsoever to any claim against a
party hereunder or against an officer or employee of a Par Y
hereunder. Nothing hereon adds to or changes the lLalo'ility
limits an« immunities for a gov- r= -: b
. ental unit provided y the
Texas Tcrr Claims Act, Chapter 101, Civil Practice and Remedies
Code, or any other law.
XII
luumnity Not Waived
Each party hereon expressly does not waive any immunity or
other defenses on Any c:Lvi-I cialms by the exer--_ tion of this
Agreement. It is understood and agreed that, by executing this
Agreement, no party waives, nor shall be 2eemed hereby to waive,
any immunity or defense which otherwise is available in olaims
arising out of or in connection with, any activity con ducted
pursuant to this Agreement.
XIII,
Arrest Authority outside Primary Jurisdiction
-� s ex-pressLy agreed and understood that & law
enforcement o fficer employed by a RESPoNTING AwBER who perfcrms
activities, pursuant to this Agreement may make arrests outside
the iuri5dictLon in which said officer is regularly employed,
but "within the area covered by this Agreemenn; provided,
however, that the law enforcement agency of RE:aUZESTIN� ME"—I'ER,
and/or the :urisdicticn in which - -he arrest is made shall be
nctifie6 of such arrest without unreasonable delay. The police
officers eqpIcynd by the RESPONDIUG %1EEMBE-R shall have such
investigative or other law enforcemeno authority in the
risdlcticnaL area of F-27u :C -MBER �,a5 is reasonable and
nrcmer to accomplish th e purposes for which a request Ear mutual
aid assistance is made pursuant to this Agreement.
XIV
Termination
Provided RETUESTING CIT! is not currently under agreement
via an Addendum to provide law enforcement services for an
upccming event, at FESPONDIN=; - EMBER may terminate its
participation or rights and obligations by providing thirty (30)
days written notice via certified mail no REQUESTING YFEMBER's
Chief law Enfoxcement Officer.
Mv.
Interjurisdictional Pursuit Agreement
7he parties to this Agreement hereto expressly understand
and agree that this Agreement does not in any ; mcdify or
re5orion the procedures or gundeLones which are followed hy any
law enforcement agency or party pursuant to the :nter-
Jurisdictional Pursuit Policy Agreement on which ARLINGT�aN or
may be parties. 7c the extent any provision of, or
action oaken pursuant to, the inter-jurfadictional Pursuit
Policy Agreement may be construed no conflict with the terms and
conditions of this Agreemeno, the terms of the Inter-
Jurisdint=nK Pursuit Policy Agreement shall control as on
those particular actions.
XVI.
Remedies
No right or remedy ,ranted herein or reserved to the
yarmins is exclusive of any ri,nt or remedy h__ein by or
equity Foo iced or permitted; but ear 'n shall be cumulative of
every right or remedy given hereunder. No covenant or condition
itio
of this _R rv.^ment may he waives without .written consent of the
other party e-
in;n l 6. Forbearance or anduigE -nce by a party
shall not constitute a waiver of any covenant or condition to he
Y7 r:forr.:' ='d pursuant to this Agreement.
XVII.
Venue
Each parry in this Agreement agrees that if legal action is
L`t c..ghs under this Agreement, the venue shall lie in the county
in which the defendant parry is located, G7nd if located .tee.., i . more
than one county, when i t JIM _le in the ..aunty in which the
principal offices of said defendant Forties are located. The
parties heresy stipulate and agree that this Agreement is to by
:nstr e& and applied under Texas law.
XVIII.
Entire Agreement
This Agreement emildiea the complete agreement of the
parties, superseding all oral written pre vious and
contemporaneous `gre menos beoween the parries relating tv
matters herein, and except as otherwise provided :per =_in, cannot
be modified without written agreement of the parties.
XIX.
`aeverabil :ty
_f any o f the terms, sections, Subsections, senmences,
,._auses, phrases, p rovisions, covenants cr conditions tzis
Agreement are for any reason held to he invalid, void or
unenforceable, the r emainder of the terms, sections,
subsections, Sentences, clauses, phrases,. provisions, covena.._s,
conditions or any other Fart cf this :cn _ac fall remain ir_
full force and effect an& shall in no way to affected, impaired
or inv alidated.
Successors and Assigns
:ne parties each hind themselves, their successors,
executors, administrators and assigns to the other parries. The
parties shall not assign, sulles or transfer their interest in
this Agreement without the writnen consent of the othe_. party.
J'
XXI.
Applicable Law
:he parties shall Observe and COMPLY woly all applicable
Federal, State and iocal Laws, ruLes, ordinances and regulations
teas affect she provision of aervLce5 provided herein.
XXII.
Non-Waiver
Is is Eurtner agreed tnar. one (1) or more instances cf
forbearance by any party in the exercise of i ts rights herein
shall in no way constitute a waiver thereof.
TXIIII
No Third Party Beneficiary
For purposes of this igreemens, ins uaing its intended
operation and effect, she parties hereto specifically agree and
contract that: Q! the Agreement only affects mantezq/disputes
between she parties to this Agreement, and is in no way intended
by the parties to benefit or otherwise affect any third person
or entity, notwithstanding the fact that such third per5on or
entities may he in a contractual relationship wi!;h any of the
parties hereto- and (2Z) the terms of - zh- - s Agreement are not
intended to release, either by contract or cueranisn of Law, any
third person ox entity from obligations owing by she= to any of
the parties.
XXIV.
Headings
The headings of this Agreement are for the convenience of
reference cnly anc, shall not affect in any manner any of the
terms and conditions hereof.
XXV
Authorization and Execution
Each party certifies so the other - :,hat the undersigned
officer and/or agent which signs this Agreement an its behalf is
properly authorized to execute this Agreement on behalf of that
party, and each party hereby wersifLes to the o:; er that any
necessary resolutions or actions extending such authority have •
S een duly Passed and are now in full force and effect.
REST OF THIS PAGE LEFT INTENTIONALLY BLANK
SIGNATURE PAGE IMMEDIATELY FOLLOIRING
IN WITNESS WHEREOF, tHe here h executed this
-n t day and ve-ar fira wri ahcve.
CITY OF ARLINGTON, TEXAS
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Trev
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Date:
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CITY OF TEXAS
BY
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Title:
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Exhibit - -. "
Addendum Form
1l,
d eticltnn n
Thi: Addendunn^ effective as of the date signed by Responding Xleinber, shall become a
part of the Special Events Agreement ( "-Agreenienti) entered into bemeen the City of Arlington
and _ _, and be subject to its term and conditions as specified therein.
City of Axhnu_ ton, Texas
Address: Address:
Contact: Contact:.
Date of Request:
Event:
Date(s) of Event:
Location of E vent
Description and Quantity of Personnel Requested:
Dates'Needed (if different thain date of Evens j:
Description and Quantity of Equipment Requested:
Dates'-Needed (if different than date of Event):
Description of Other Items Regi e ted:
Dates - -Needed (if different than clna.te of Event):
Other Terns anti Conditions tions Subject to this Addendum: Only:
Total Estimated Cosh tole Reimbursed
Requested by:
Requesting Member
Date:
Upon acceptance by Responding Member, this Addendum shall form an Addendiun to the
Agreement and be subject to its tersnzs and conditions_
Accepted bR.r
Responding Member
Date:
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. C.0
Subject: PUBLIC HEARINGS
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 1 -10 -2011
Presented by: John Pitstick Agenda No. C.1
Subject: SDP 2010 -01 Public Hearing and Consideration of an Appeal Request from
Michelle Thomas (The M Group) for a Special Development Plan for Temporary Office
Uses in a Residential Structure on Lot 1, Block 3, Meacham Addition (TOD Core
Subzone) with Future Access from Lot 3, Block 1, Meacham Addition (TOD Residential
Subzone) in the Transit Oriented Development Zoning District - Ordinance No. 3124
(located at 6333 Smithfield Road and 7828 Arthur Drive.)
Case Summary: Ms. Michelle Thomas owns a lot and residential structure at 6333
Smithfield Road on the northwest corner of Mid Cities and Smithfield Road and is
requesting a Special Development Plan under the Transit Oriented Development (TOD)
district to allow for an interim office use (18 months) in an existing single family
structure. The special development plan stipulates that by June 1, 2012 the existing
residential houses on Lot 1 and Lot 3, Block 1, Meacham Addition would be demolished
or removed and construction plans would be submitted for a series of new mixed use
buildings with access off of Arthur Drive. This case is an appeal to City Council based
on a denial from the Planning & Zoning Commission.
Background: The property at 6333 Smithfield Road along with approximately 280
acres of land in the Smithfield area was rezoned to the Smithfield Transit Oriented
Development district on August 24, 2009 with no opposition from property owners. The
new Transit Oriented Development (TOD) district was incorporated to support
development around the future Smithfield commuter rail station into a pedestrian -
oriented, mixed -use urban development environment with convenient access to rail
transit, shopping, employment, housing and neighborhood services.
As part of the TOD rezoning, 5 new subzones were created in the Smithfield area
including the Historic TOD TOD Core General Mixed Use TOD Residential and
Arterial Mixed Use subzones. Each subzone allows a gradation of land uses. Differing
setbacks and architectural requirements are also required in each subzone. All final site
plans are required to be approved by the Development Review Committee unless there
are requests to change subzone boundaries or appeals to modify any standards
requiring formal public hearings with recommendation from the Planning & Zoning
Commission and final approval by City Council.
Realizing that the current land uses within the Smithfield area would transition over
time, an appeal process was included in the Smithfield TOD regulations that allows for
requests of appeals, modifications, development bonuses and development incentives
to be processed as a "Special Development Plan" (SDP) similar to a Planned
Development or Special Use Permit. In evaluating a Special Development Plan within
the TOD district the Planning & Zoning Commission and City Council shall consider
approvals based on the extent to which the SDP application meets the following:
• the goals and intent of Transit Oriented Development in the City
• provides an alternative "Master Plan" approach by consolidating multiple
properties to create a predictable, market responsive development for the area
• fits the adjoining context by providing appropriate transitions
• provides public benefits such as usable civic and open spaces, livable streets,
structured and shared parking, and linkages to transit
• does not hinder future opportunities for higher intensity transit - oriented
development
Ms. Michelle Thomas who owns the northwest corner of Smithfield and Mid Cities, and
has a contract to buy an adjacent lot on Arthur, is requesting approval of a Special
Development Plan. She wants to be able to use the existing single family house at
6333 Smithfield Road as a professional office, with a CPA and insurance business, for
18 months. Ms. Thomas is proposing to extend the current drive approach off of
Smithfield and construct an asphalt parking lot for 5 parking spaces. The temporary
office would be required to have an accessible ramp to the front door. Ms. Thomas is
also requesting to put a building sign on the structure. Ms. Thomas claims that with the
ability to have two tax seasons at this location will allow her to provide the necessary
revenues to demolish the two residential buildings and build a series of mixed use
buildings conforming to the Transit Oriented Development standards.
The Special Development Plan indicates that by June 1, 2012 both houses will be
removed and full construction drawings will be submitted to the City. The plan is to
phase in the development including:
• a 4,950 square foot, 2 -story mixed use building with retail or office on the first
floor and residential living on the second floor located at the corner of Smithfield
and Mid Cities. Conceptual plans indicate future dedication for a needed turn
lane along the Smithfield Road frontage. The SDP plans also indicate that Ms.
Thomas would construct the mixed use building close to the street and initially
provide a wide sidewalk in front of the building. The ultimate reconstruction of
Smithfield Road through the Smithfield TOD area with on- street parking would
eventually be built by the City potentially as part of a bond issuance.
• a 3,300 square foot similar mixed use building adjacent to the phase 1 building.
The proposed mixed use buildings are located within the TOD Core subzone
would be all brick and be required to meet the architectural standards of the
TOD regulations. Direct access would be from Arthur Drive with parking on the
side and rear of the mixed use buildings.
• townhomes on the Arthur lot with access and parking off of Arthur Drive. This lot
is currently zoned TOD Residential and would require residential uses.
The Development Review Committee has worked with Ms. Thomas for several months
and has also reviewed the special development plan criteria. Following are the
requirements for reviewing the proposed special development plan.
• the goals and intent of Transit Oriented Development in the City ( conceptual
plans indicate the future construction of attractive high quality mixed use
buildings
• provides an alternative "Master Plan" approach by consolidating multiple
properties to create a predictable, market responsive development for the area
( the SDP includes the redevelopment of 2 lots with appropriate access and
parking off of Arthur Drive
• fits the adjoining context by providing appropriate transitions ( the concept plan
indicates that an additional mixed use building could be constructed directly to
the north of this request Future townhomes are also planned along Arthur Drive
providing for a residential transition to the existing single family homes along
Arthur Drive.
• provides public benefits such as usable civic and open spaces, livable streets,
structured and shared parking, and linkages to transit ( the primary public benefit
of this development is the building of a mixed use building on a very visible
corner that serves as an entryway to the Smithfield TOD district
• does not hinder future opportunities for higher intensity transit - oriented
development ( the proposed special development plan indicates plans for
constructing mixed use buildings and promoting future opportunities for transit -
oriented development in the Smithfield area
Staff has received a few phone calls from current residents on Arthur Drive. Staff would
recommend that the wishes of the adjacent residential homes on Arthur Drive be
considered as part of this request.
It is important to point out that this request is only for the interim use of an existing
building as a business office for 18 months or until June 1, 2012. There are no
requested waivers regarding the proposed future mixed use buildings or TOD
requirements. Ms. Thomas is a certified public accountant and claims that she needs
two tax seasons of revenues to be able to finance the future mixed use buildings. Final
site plan approval for the proposed mixed use buildings could proceed with staff
approval following replat approval by City Council.
Three property owners along Arthur Drive were present at the P &Z public hearing and
had general comments regarding concerns over drainage, access and traffic on Arthur
Drive. Public Works staff indicated that this property would have to be replatted and
drainage and street issues would have to be addressed at the time of replatting.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission met on Thursday December 16, 2010 and voted 3(Schopper, Bowen,
Benton) to 1(Cooper) to recommend denial of the requested Special Development Plan.
While there were concerns over the current market demand and ability to construct the
future proposed mixed use buildings the primary issue was fairness to other existing
commercial businesses in allowing a temporary conversion of an existing single family
house to be used as a business office even for an interim time frame.
Ms. Michelle Thomas is requesting an appeal of the Planning & Zoning Commission
recommended denial for her proposed Smithfield Transit Oriented Development special
development plan.
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PROPERTY OWNER NOTIFICATION - ORIGINAL
s; o NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
... � .: PLANNING AND ZONING COMMISSION
TEXPS AND CITY COUNCIL
Case #: SDP 2010- 01
Applicant: Michelle Thomas (The M Group)
Location: 6333 Smithfield Road & 7828 Arthur Drive
You are receiving this notice because you are a property owner of record within
200 feet of the property shown on the attached map.
Purpose of Public Hearing:
A Public Hearing to Consider a Request from Michelle Thomas (The M Group) for a
Special Development Plan for Temporary Office Uses in a Residential Structure on Lot
1, Block 3, Meacham Addition (TOD Core Subzone) with future access from Lot 3,
Block 1, Meacham Addition (TOD Residential Subzone) in the Transit Oriented
Development zoning district (located at 6333 Smithfield Road and 7828 Arthur Drive.)
Public Hearing Schedule:
Public Hearing Date: PLANNING AND ZONING COMMISSION
THURSDAY, DECEMBER 16, 2010
If recommended for approval by the Planning and Zoning Commission, this
request will be heard by the City Council on:
CITY COUNCIL
MONDAY, JANUARY 10, 2011
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 Hil Is, Texas 76180
Phone (817) 427 -6300 Fax (817) 427 -6303
PROPERTY OWNER NOTIFICATION — APPEAL TO COUNCIL
x��
s f: . NOTICE OF PUBLIC HEARING
CITY OF NORTH RICHLAND HILLS
~ EX ``' APPEAL TO CITY COUNCIL
TPS
Case #: SDP 2010- 01
Applicant: Michelle Thomas (The M Group)
Location: 6333 Smithfield Road & 7828 Arthur Drive
You are receiving this notice because you are a property owner of record within
200 feet of the property shown on the attached map.
THE APPLICANT HAS REQUESTED TO APPEAL THIS CASE BEFORE THE CITY
COUNCIL FOLLOWING THE PLANNING AND ZONING COMMISSION'S
RECOMMENDATION OF DENIAL
Purpose of Public Hearing:
A Public Hearing to Consider a Request from Michelle Thomas (The M Group) for a
Special Development Plan for Temporary Office Uses in a Residential Structure on Lot
1, Block 3, Meacham Addition (TOD Core Subzone) with future access from Lot 3,
Block 1, Meacham Addition (TOD Residential Subzone) in the Transit Oriented
Development zoning district (located at 6333 Smithfield Road and 7828 Arthur Drive.)
Public Hearing Schedule:
Public Hearing Date: CITY COUNCIL
MONDAY, JANUARY 10, 2011
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
Michelle Partriarche Ernest Lee Etux Jeanne Runyon Charles A McMillian
151 Sandy Creek Trl 7837 Cardinal Ct PO Box 820063
Weatherford Tx 76085 -8238 NRH Tx 76180 -6201 NRH Tx 76182 -0063
Jose J Etux Stephanie B Ruiz A Glenn Etux Linda Willis C & J Enterprises
787 County Road 4421 7820 Arthur Dr PO Box 1910
Rhome Tx 76078 -2213 Fort Worth Tx 76182 -4607 Roanoke Tx 76262 -1910
Patsy Cobb Della J Armstrong Scott Etux Fonda Kunkel
7829 Arthur Dr 7821 Arthur Dr 7801 Mid Cities Blvd Ste 400
Fort Worth Tx 76182 -4608 Fort Worth Tx 76182 -4608 NRH Tx 761 82 -4699
Centerpoint Comm Baptist Ch Davis Commons LP Florence B Morphew
421 Cannon Dr 3113 S University Dr FI 6 7816 Arthur Dr
Hurst Tx 76054 -2910 Fort Worth Tx 76109 -5616 NRH Tx 76182 -4607
AI- Madinah Petroleum Inc
5555 Oakbrook Pkwy Ste 390
Norcross Ga 30093 -6254
APPEAL REQUEST LETTER
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12/28/2010 11:13 8175969219 THE M GROU PACE 01101
MICHELLE THOMAS, I,.PA
Cerfified Public Accountarri
December 28, 2010
1 City of North Richland Hills
Planning and Development
Attn: John Pitstick
Fax: 817427 -6303
Re; 6333 Smithfield Rd, Special Development Permit
Dear John & Staff:
Pleas accept this request to appeal the decision of the Planning & Zoning Committee to
not allow the special temporary use of the building at 6333 Smithfield Road and
Midcities Blvd. I believe the committee did not have sufficient or adequato information
before casting their vote of the four members present. I would like to take the request
and additional information, along with your and staff support, before city cnnncil at the
January ld meeting.
Waynd Lambdin will also be presenting.
Thank you kindly,,
•�tV)��
Michelle Thomas
The M Group
Business Consulting bf Accounting Software Conversions
6333 Smithfield Road • North Richland Hills, Texas 76180 • 682 - 334.0070 Fax 817 -426 -2249
ORDINANCE NO. 3124
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL
DEVELOPMENT PLAN WITHIN THE TRANSIT ORIENTED ZONING
DISTRICT FOR TEMPORARY OFFICE USES IN A TOD CORE
SUBZONE AS DESCRIBED AND LIMITED BY SUCH PLAN;
ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the DRC has reviewed and recommended the Special Development Plan
which is the subject of this ordinance prior to its submission to the
Planning and Zoning Commission; and
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 has considered and evaluated the submitted and
recommended Plan under the standards set out in Section 118- 571(e) of
the North Richland Hills Code of Ordinances; 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
and the zoning map of the City of North Richland Hills are hereby
amended by changing the zoning of a parcel of property within the TOD
Core Subzone known and described as Lot 1, Block 3, Meacham Addition
to the City of North Richland Hills, Tarrant County, Texas, by approving a
Special Development Plan attached hereto as Exhibit A and allowing
temporary office uses of a residential structure on such property until June
1, 2012, with future access from TOD residential subzone property known
as Lot 3, Block 1, Meacham Addition to the City of North Richland Hills,
Tarrant County Texas as depicted and limited by such Plan.
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
as provided by law.
Section 4: This ordinance shall be in full force and effect immediately after passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 10th day of January, 2011.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
EXHIBIT A
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VOLUME 1789, PAGE 376 AND 377
MFACHAN ADDITION
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REQUESTING SPECIAL DEVELOPNILNT PLAN' (SDP)
FOR i\TERIM USE OF SINGLE FAMILY HOVSF FOR OFFICE USF
APPLICANT; MICHELLE THOMAS
5$67 DAVIS FILM SM. 100
HILLS, ILXkS 16180
N. RICf"AlD
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817-281-5248fia
ARCHITECT: LANIDDIN ARCHITECTS
RM CAMINO DR
N. RICIILAND HILLS, TEXAS "6180
817-691-6621
817-514-7434 faX
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EXCERPT FROM THE MINUTES OF THE DECEMBER 16, 2010
PLANNING AND ZONING COMMISSION MEETING
SDP 2010 -01
Public Hearing and Consideration of a Request from Michelle Thomas (The M
Group) for a Special Development Plan for Temporary Office Uses in a Residential
Structure on Lot 1, Block 3, Meacham Addition (TOD Core Subzone) with future
access from Lot 3, Block 1, Meacham Addition (TOD Residential Subzone) in the
Transit Oriented Development zoning district (located at 6333 Smithfield Road
and 7828 Arthur Drive.)
John Pitstick said this request from Michelle Thomas for her property. He said in
August 2009 the City rezoned approximately 280 acres of land as part of the Smithfield
area TOD and this is part of that area. Ms. Thomas owns the property on the corner of
Smithfield and Mid Cities with an existing residential structure there and we understand
there is a contract on the other property due west of her on Arthur Drive. She is
requesting a Special Development Plan in the appeal process with the current
regulations that allow for appeals, modifications, development bonuses and
development incentives to be processed as a Special Development Plan. Her request
is to utilize the existing single family building for a temporary office for approximately 18
months. By June 1, 2012 the existing residential houses on Lot 1 and Lot 3 would be
demolished with construction plans submitted for new mixed use buildings. She is also
showing to potentially tie the building of Phase 1 to the property. There are some
qualifications as part of this SDP saying the goals and intent of the TOD be met, provide
alternative master plan, consolidated multiple properties and fits the adjoining context
provided appropriate transitions, provide public benefits such as open space, livable
streets, shared parking, linkage to transit, does not hinder future opportunities for higher
intensity transit oriented development. She is proposing initially to utilize the existing
Smithfield Road access and build 5 parking spaces at that location. The access initially
is her current driveway. The lot she is proposing is currently zoned TOD Core and
allows for mixed use buildings and requires some commercial. The Arthur Drive is
zoned for TOD Residential which allows for single family townhome development on
Arthur Drive. Staff feels this is an unusual request and if this were requested for
permanent request would recommend denial. But since she is proposing to build
commercial and mixed use hopefully within 30 months if a major commercial building
would come it would encourage the transition of this area.
Vice Chairman Schopper opened the Public Hearing and asked anyone to come with
comments.
Kevin Murphy, 7813 Arthur Drive came forward with a power point presentation. He
currently owns the lot 7805 Arthur Drive. He said he has no problem with what the
applicant wants to do on Smithfield, but has three issues regarding the development.
Since there is no curb age there are issues with flooding at his house and has to have
sandbags delivered from Public Works for the run off to the creek. With her developing
the other side of the street he wishes it would take into consideration that the water
would run another direction instead of across the street and adding to the existing
problem.
Mr. Murphy said traffic flow is an issue and has been told there is nothing that can be
done with barricades on a dead end street because it is not a hazardous area, but he
disagrees because it is a turning area and he has to maintain that area. It is hard to
maintain because of the ruts that occur when people turn so he would like to see if the
City could consider something additional. In addition safety for the children on the street
needs attention.
Mr. Murphy also has concerns about the retaining wall between Ms. Thomas properties
and the others on Arthur Drive. He asks that if Ms. Thomas in 18 months does not have
the financing to do the additional townhomes what will happen at that point in time,
would the property be demolished or will she be able to continue to operate her
business there?
Glenn Willis, 7820 Arthur Drive came forward with concerns of lot drainage since he is
one property away from the proposed lot. He asks where the water would drain if she is
boxed in and cannot build a reservoir like Mr. Kunkle had to. He said the only thing he
sees she can do is build an underground drainage system to keep it from running down
Arthur Drive and on his property.
Mr. Willis said the retaining wall is a concern. Mr. Kunkle's wall dead ends into his
property and the lot next door has a stockade fence and he does not want to look at a
parking lot. He said, according to City code if you build a commercial property next to
residential use have to put up a masonry wall. He questions the answer from City Staff
who said because this is a new development that code does not go into effect.
Mr. Willis said traffic on Smithfield Road is a nightmare and when this property is
developed her only access is going to be on their residential street. He has been on
this property for 30 years and it has always been a problem with construction vehicles,
trash trucks who have to turn in the yards and other traffic. He thinks there should be
another diversion for her traffic other than their residential street. He has questions
about the left turn lane off Arthur onto Smithfield Road is dangerous and you cannot see
very well pulling out.
Ernest Runyon, 5732 Starling Ct. Haltom City, owns the property that burned on 6337
Smithfield Road and it is in the process of being demolished now. He agrees with the
concerns of other neighbors that have spoken. They are looking at developing the
property for commercial retail establishment and have concerns about drainage there.
He has deep empathy concerning the traffic on Smithfield, has concerns of the right turn
lane on Mid Cities and suggests a left turn lane going east instead.
Michelle Thomas, 151 Sandy Creek Trail, Weatherford came forward. She owns the
property on the corner at 6333 Smithfield Road and said she cannot address many of
the concerns of drainage as she would like to let her engineer, architects and City
Planners answer and determine how that elevation should be set to avoid those issues.
Ms. Thomas said access on Arthur Drive she said that is not something she wanted to
do, but it is part of the City plans and TOD Core requirements and standards. She said
when she bought the building four years ago, the building there now was too close to
the street under those standards and we were going to move it back. Now everything
has changed with the rezoning and has to be moved up. The turn lane submitted on the
plans is allowed for in that drawing and has been cut out as a future lane and accounted
for future visibility issues. She does not like it that close either but it according to the
TOD requirements. On the front of the building she did not want a straight corner
because of visibility, so the corner of the building is angled off and you can see
balconies for better visibility.
Ms. Thomas said she would like to have an entrance off of Mid Cities but Mr. Kunkle will
not allow any crossing of his property so alternatives were designed from the City
requirements. Regarding the wall, she understands the concerns because before she
was taking on the additional lot that goes back to Arthur Drive they were going to put a
wall around it because it was commercial use with residential next door. As she
understands it the TOD has changed the regulations because the building is not all
commercial, it is residential on top of the corner lot. Mr. Runyons lot north of it would
follow the same rule where no wall would be required between her lot and Mr. Runyons.
The lot next to it which will eventually be platted together is future townhouses all
residential. So if there were going to be a wall at all, it would be between the corner lot
and the townhomes. She said they were wanting to put in a green type of live screen
since there will be a lot of buildings in the area and want to keep everything more nature
and green as apposed to walls.
Vice - Chairman Schopper asked when does she anticipate the feasibility of being able to
build the main structures? What would happen if the feasibility is not there after 18
months and would you continue to operate the business out of those buildings?
Ms. Thomas said in about 18 months would allow her to have two full tax seasons in
that building to pay off the lots. The plans and other requirements would be ready by
then to start moving dirt by then. If the feasibility is not there, it only be the building on
Smithfield and not the one on Arthur Drive. It would be up to the City if they would allow
a short extension if necessary or move out and it would be residential until it met the
TOD requirements.
Glenn Willis, 7820 Arthur Drive came forward and said Ms. Thomas keeps saying
residential but she is going to operate a business there. Regarding townhomes on her
plan they are somewhere down the future. Since it is a business now she needs to run
a wall down from Mr. Kunkle's property all the way down to Arthur Drive.
John Pitstick came up for clarification on the walls. He said for existing single family
zoned property adjacent to the TOD zone would be required to have a wall. All the
buildings on Arthur are single family but are zoned for TOD residential. There is
actually a wall required in the TOD for Mr. Kunkle to have a wall all the way out
Smithfield, but he came in on the SUP allowing him to landscape that area. It is zoned
TOD Core on Ms. Thomas's property and she has a contract on the other property
which is zoned TOD Residential. In the TOD zone there is no requirement for screening
walls between each zone. There is a requirement if there is an existing zone single
family district that is adjacent to the TOD there would be a requirement for a masonry
wall.
Mr. Willis said they reason he brings it up is because he is 100 feet from that property
and when the City had the TOD meetings, it was designated to him as residents that
someone could come in a put a business next to his home.
Kevin Murphy, 7813 Arthur Drive said that he anticipates she will have renters in the
property to help pay the lots and it is a very hard lot to get out of which means they will
park in the grass. He asks that the City to deny the permit until she gets her financing
at a later date.
Vice- Chairman Schopper asked if anyone else wished to speak for or against. Seeing
none he closed the Public Hearing and opened it up for discussion.
Don Bowen asked for Mike Curtis to explain the drainage questions.
Mike Curtis said at this point in the process there are no detailed engineering plans
provided since this is in the zoning stages. With the applicant asking to utilize the
existing structure on Smithfield and access on Smithfield until the 18 month deadline
and at that time would plat the property, engineering plans would then be submitted and
we would get the details then. At that time we would be able to judge how much traffic
would be coming down Arthur and we will see how specifically how the applicant would
propose to carry the drainage across the property. At this time we do not know how
these things will finalize. If this development shows that more traffic would be utilized
on Arthur, then something may have to be done based on the findings. At this point in
time, we just don't have the information needed to say anything. The City does have
standards in how the drainage will be handled and it will comply with those standards in
place.
Vice - Chairman Schopper said then basically if we approve this tonight it would be more
of a certificate of occupancy other than a zoning change.
Mike Curtis said yes, that is the way he understands it that nothing will be built at this
point and nothing changes now until the plans are submitted.
Mike Benton asked who would be responsible for Arthur Drive for improvements if
necessary.
Mike Curtis said a few years ago the laws changed and the terminology is rough
proportionality. The developer of any property is required to pay their proportionate
share of the improvements and what their impact of the development. Once we see
exactly what is submitted and tell what improvements are needed, then we can
determine what will be done.
Steven Cooper asked what the future plans of Smithfield Road with the turn lanes that
were asked by the earlier residents.
Mike Curtis said the exhibits shown in previous meetings that show the two lanes in
Smithfield Road and the on street parking only show the street section proposed to be,
not the intersection requirements are or number of lanes. At a minimum at this
intersection you will have a designated right turn lane, at least one through turn lane
and a designated turn left turn lane.
Vice - Chairman Schopper said he doesn't want to set the precedence of approving a
temporary zoning with no plans in place considering it is at a main intersection.
Mike Benton said he doesn't think the neighborhood should have to wait to see if the
applicant would be successful or not before any decisions are made and could further
escalate their existing drainage and other issues.
Steven Cooper said he doesn't understand the concerns since nothing will really
change in the proposal for the temporary business over 18 months.
There was a general discussion regarding curb cuts off Mid Cities at other businesses
with the same concerns.
John Pitstick said Ms. Thomas is proposing to use the existing curb cut for the
residential property to extend an asphalt drive and five parking spaces and upgrade for
the temporary office building.
Vice - Chairmanl Schopper said basically there would be business traffic pulling in and
out of a ten foot intersection? He asked what is the purpose of Lot 3 Block 1?
John Pitstick said she is zoning both lots so she can come back and replat and build the
structures but the zoning cases is for the 18 months only, then she would have to
conform to all the TOD requirements at that time.
Ms. Thomas said the only reason she has the Arthur Drive property is because she was
told she has to have access back there when she builds the new building. So otherwise
you will land lock that corner and no available other access except move her to the
north of the lot and that was not acceptable for future traffic. So this was a City directed
idea and option and how to correct future traffic at the corner.
Steven Cooper said even though there a lot of concerns brought up, Mr. Curtis said they
would be addressed in the future property and this proposal don't apply to those
concerns.
Don Bowen said he would not be comfortable with the temporary unless there is a
guarantee at the end of 18 months if this plan doesn't come forth the house would be
demolished no matter what.
Vice - Chairman Schopper said he has a concern with fairness where P &Z have made
professional office users go through many expenses, especially up and down Mid Cities
Blvd. and this doesn't seem fair to allow this temporary office.
DENIED
SDP 2010 -01 was denied 3 -1.
Don Bowen motioned to deny RP2010 -01, seconded by Mike Benton. The motion
carried unanimously 3 -1. Steven Cooper apposed.
Mike Benton said he really likes the idea and looks forward to the area being developed,
but feels that there is more information needed, nothing concrete for them to make a
sound decision.
Bill Schopper said to Ms. Thomas that P &Z is a recommending body only and she can
still go onto City Council if she wishes with her request.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
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: 1 -10 -2011
Presented by: John Pitstick Agenda No. D.1
Subject: RP 2010 -01 Consideration of a Request from Ramon Goheen for a Replat
creating Lot 1 B1, Block 1, J. M. Estes Addition (located at 4028 Rufe Snow Drive - 0.75
acres.)
Case Summary: The applicant, Ramon Goheen, is proposing to replat two lots in the
J.M. Estes Addition into a single lot. The proposed replat will create a 0.75 acre lot and
will allow Mr. Goheen to expand his business at the current location. A special use
permit was recently approved to allow for the expansion of Mr. Goheen's business.
Current Zoning: C -2 (Commercial) with a Special Use Permit on the original lot (Lot
2R1A) for a masonry exception.
Thoroughfare Plan: The lot has frontage on Rufe Snow Drive, a 4 -lane, undivided
minor arterial street (M4U) with variable Right -Of -Way.
Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service 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.
P &Z Recommendation: The Planning & Zoning Commission met on December 16,
2010 and recommended unanimous (4 -0) approval of replat request RP 2010 -01.
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EXCERPT FROM THE MINUTES OF THE DECEMBER 16, 2010
PLANNING AND ZONING COMMISSION MEETING
RP 2010 -01
Consideration of a Request from Ramon Goheen for a Replat creating Lot 1 B1,
Block 1, J. M. Estes Addition (located at 4028 Rufe Snow Drive — 0.75 acres.)
Ramon Goheen, 4028 Rufe Snow, came forward with a request for replatting the
property to the north of his existing business to add a parking lot.
John Pitstick said this was recently approved as a Special Use Permit and is combining
the two lots for his existing business. It meets the subdivision rules and regulations,
sidewalks are required and the developer will be responsible for those.
APPROVED
Steven Cooper motioned to approve RP 2010 -01, seconded by Mike Benton. The
motion carried unanimously (4 -0).
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. E.0
Subject: PUBLIC WORKS
No items for this category.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. F.0
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation Council Meeting Date: 1 -10 -2011
Presented by: Vickie Loftice Agenda No. F.1
Subject: GN 2011 -001 Award of Contract to The Corbet Group, Inc. in the Amount of
$771,600 for the Installation of the New Water Park Attraction at NRH2O
Summary
City Council is being asked to award a construction contract to The Corbet Group, Inc.
for the installation of a new water park attraction at NRH
General Description
The approved NRH2O Capital Improvement Program for FY 2010 -2011 includes funding
for two projects; the new food services building and the new water park attraction. In
November, Council rejected bids received for the combined projects and authorized
staff to proceed with purchase of the attraction and re- biding of its installation.
The total project budget is $1.7 million. After professional services, the total funding
available for purchase and installation for the new attraction is $1,543,810. The
attraction was purchased for $731,000 from WhiteWater West Industries. The available
budget for installation and associated costs is $812,810.
Competitive Sealed Proposals (RFP 11 -010) were received on December 16, 2010 from
six contractors for the installation of the attraction, construction of the receiving pool,
tower, associated infrastructure and expansion of the mechanical building. Six
alternates were included to determine the values of specific project elements and to
assist in developing a construction contract within the available funding. The alternates
include:
1. The addition of five area lights leading up to the new attraction.
2. The installation of a separate electrical panel and conduit for lighting and audio,
which would provide for a "special effects" package for the slide.
3. Providing CMU walls and a roof over the mechanical building expansion in lieu of
providing a "pump pit' with a chain link fence.
4. Providing an eight foot wide sidewalk from the entrance to the Green Extreme to
the new attraction in lieu of a five foot wide sidewalk.
5. Providing additional irrigation around the new slide.
6. Providing for a substantial completion date of June 1, 2011 in lieu of May 2,
2011.
Pricing from the six contractors was provided as follows:
Alt. 1 Alt. 2 Alt. 3 Alt. 4 Alt. 5 Alt 6.
Base Mech.
Proposal AN Bldg 8'
li hts Electrical Roof sidewalk Irrigation June 1
Corbet $688,500 $15,200 $47,300 $6,800 $2,900 $10,900 ($4,000)
Modern $678,000 $20,000 $48,000 $21,000 $2,500 $14,000 $0
AUI $859,000 $19,000 $51,000 $10,000 $4,000 $13,000 $0
Fain Group $970,447 $12,987 $35,060 $19,819 $2,470 $2,198 $0
Alpha $1,055,525 $12,800 $63,000 $8,855 $4,500 $11,482 ($11,310)
Prim $1,159,075.81 $25,230 $13,537 $12,650 $6,829 $24,293 $0
The construction documents included selection criteria as the basis for evaluating the
proposals in order to select the contractor that is the most qualified and represents the
best value to the City of North Richland Hills. A selection committee met on December
17, 2010 and selected The Corbet Group, Inc. as the "best value" to the City.
Staff recommends awarding the construction contract to The Corbett Group, Inc., for the
base bid, plus alternates 1 - 5, for a total contract amount of $771,600.
Alternates 1 - 5 are important to the overall operation, maintenance and entertainment
value of the attraction. Alternate 6 did not provide adequate savings to justify moving
the substantial completion date from May 2 to June 1, thus disrupting the summer
season with construction activities.
The remaining balance between the total contract amount and the available funding, in
the amount of $41,210, will be used to provide construction materials testing, a shade
canopy for the structure and project contingencies.
The Corbet Group, Inc. is a Dallas based company with extensive construction
experience. They have successfully completed a wide range of municipal projects in the
north Texas area including work with the City of Waxahachie, Ellis County, Parker
County, Las Colinas, and the City of Wichita Falls.
Recommendation
To award the construction contract to The Corbet Group, Inc. in the amount of $771,600
for the installation of the new water park attraction at NRH2O.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. G.0
Subject: EXECUTIVE SESSION ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
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: 1 -10 -2011
Presented by: Agenda No. H.0
Subject: INFORMATION AND REPORTS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Councilman David Whitson Agenda No. H.1
Subject: Announcements - Councilman Whitson
Announcements
Mulch from recycled Christmas trees is available for residents to pick up, while supplies
last, at Green Valley Park and at the city parking lot at the southeast corner of Rufe
Snow Drive and Loop 820. Please bring your own container and shovel to load the
mulch. For more information, contact Neighborhood Services at 817 - 427 -6650.
Iron Horse Golf Course is currently booking its pavilion and clubhouse for 2011
weddings, graduation parties, retirement parties, receptions and more. To make a
reservation for your next special event, call 817 - 485 -6666.
Join us at the NRH Public Library each Saturday for free family films. Movies are shown
in the Community Room starting at 2 p.m. Free popcorn is provided. Families are invited
to bring snacks, drinks and floor cushions. For more details, please call 817 - 427 -6814.
Kudos Korner
Every Council Meeting we spotlight our employees for the great things they do.
Ricky Bryant, Lucio Valdez, Elija Dorminy and Kevin Jackson, Public Works
Department — An e-mail was received from a resident expressing his thanks and
appreciation to the employees who responded to a water main break on Christmas Day.
"My neighbors and I would like to extend a warm thank you to these fine men for having
a positive attitude and a determined work ethic especially on Christmas," the resident
said. "It's men like this who make this city such a great place to live."
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 1 -10 -2011
Presented by: Agenda No. H.2
Subject: Adjournment