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HomeMy WebLinkAboutCC 2012-04-09 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, April 9, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discussion of Solid Waste Contract (10 Minutes) A.2 Public Safety Emergency Preparedness Update (5 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government to deliberate the purchase, exchange, lease or value of real property in the southeast and southwest quadrants of the City B.3 Executive Session: Pursuant to Section 551.087, Texas Government Code for Deliberation Regarding Economic Development to Discuss the Offer of Financial Incentive to Business Prospect which City is Conducting Economic Development Negotiations to have such Business Locate in City Limits. 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 April 6, 2012 at 2 . p.m. ant City Secretary 4is 11sis y This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda —April 9, 2012 Page 1 of 4 r CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 9, 2012 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: L3 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 Barth A.2 Pledge - Mayor Pro Tern Barth A.3 Special Presentation(s) and Recognition(s) - The North Richland Hills Animal Adoption and Rescue's participation in the ASPCA Rachel Ray $100K Challenge A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the 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 March 26, 2012 City Council Meeting NRH City Council Agenda — April 9, 2012 Page 2 of 4 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2012 -007 Approve a Utility Assembly (820 -U- 0508 -0002) for the City's Utility Relocations as Part of the North Tarrant Express Project F.0 GENERAL ITEMS F.1 PW 2012 -009 Approve the Abandonment of a Portion of a Utility Easement Located within the Smithfield Corners Addition (Block 1, Lot 1R) - Ordinance No. 3194 F.2 GN 2012 -028 FY 2012 Click It or Ticket Mobilization Program Grant - Resolution No. 2012 -011 F.3 GN 2012 -029 Authorize City Manager to execute Earnest Money Contract for Sale of Property to Cool River Holdings F.4 GN 2012 -030 Authorize City Manager to Execute Earnest Money Contract for Sale of Property to Gridiron Capital, LLC 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 Welch H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 6, 2012 at p.m. ssi taut City Secretary NRH City Council Agenda —April 9, 2012 Page 3 of 4 r This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. NRH City Council Agenda — April 9, 2012 Page 4 of 4 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 9, 2012 6 =00 P_M_ AO Discuss Items from Reaular Citv Council Meetina Al Discussion of Solid Waste Contract f 1 Minutes) A2 Public Safetv Ememencv Preparedness Update (5 Minutes) B_0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B_1 Executive Session_ Pursuant to Section 551.071. Texas Govemment Code for Consultation with Attomev reaardina Pendina Litigation - 1) State of Texas v_ Citv of North Richland Hills (No_ 2011 -002840 -11. and 2) State of Texas v_ Citv of North Richland Hills (No_ 2011 -000462 -1) B_2 Executive Session Pursuant to Section 551.072. Texas Government to deliberate the purchase. exchange, lease or value of real oroperty in the southeast and southwest quadrants of the City B_3 Executive Session_ Pursuant to Section 551.087. Texas Govemment Code for Deliberation Reaardina Economic Development to Discuss the Offer of Financial Incentive to Business Prospect which City is Conducting Economic Development Neaotiations to have such Business Locate in Citv Limits_ C_0 Adioumment COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject Agenda Item No_ A_0 Discuss Items from Regular City Council Meeting COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ A-1 Discussion of Solid Waste Contract (1 D Minutes) Presenter Karen Bostic, Assistant City Manager Summary_ The contract for solid waste and recycling collection with Republic Waste Services of Texas (`Republic') expires on January 31, 2013_ Staff is seeking Council's direction on whether to extend the contract with Republic, negotiate a new contract with Republic, or issue a Request for Proposals for solid waste and recycling services_ We are also seeking your input on what changes you'd like to see made to the service levels provided_ General Description In July 2007, the City issued a Request for Proposals ('RFP') for solid waste and recycling services within the city limits of North Richland Hills_ We received proposals from five companies that provided 13 options for solid waste services for our community_ After several months of interviews and negotiations, the City entered into a five year contract with Republic Waste Services of Texas for solid waste and recycling collection services that commenced on February 1, 2008_ The contract contains a provision for two additional one year terms that may be exercised by mutual agreement of the parties_ The services provided by Republic include s Twice a week `take all' service on MondaylThursday or Tuesday/Friday 0 Once a week curbside recycling on one of the regularly scheduled trash days 0 Curbside Christrnas tree collection, plus a central drop -off point 0 Landfill privileges for residents at a discounted rate Initiatives staff would like to pursue include improving or increasing recycling services, possibly with the use of rolling carls; an increase in the amount of bulky waste collected on a weekly basis; and a 'green waste" program that keeps yard clippings and offer 'green' waste out of the landfill_ At the work session on Monday, staff would like direction from Council on whether to extend the existing contract with Republic, negotiate a new contract with Republic or issue a Request for Proposals to all solid waste and recycling providers in the area_ Staff is also seeking input from Council on what changes you'd like to see to the services provided for solid waste and recycling services_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject Agenda Item No_ A_2 Public Safety Emergency Preparedness Update (5 Minutes) Presenter Jimmy Perdue At the work session on Monday, Council will be ghren an update on Public Safety Emergency Preparedness_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject_ Agenda Item No_ B_0 EXECUTIVE SESSION - The City Council may enter into dosed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ B_1 Executive Session_ Pursuant to Section 551.071, Texas Governn nt Code for Consultation with Attorney regarding Pending Litigation -1) State of Texas v- City of North Richland Hills (No. 2011-0028404); and 2) State of Texas v. City of North Richland Hills (No. 2011- 0004624) COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ B_2 Executive Session_ Pursuant to Section 551.072, Texas Government W deliberate the purchase, exchange, lease or value of real property in the southeast and soffit quadrants of the City COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ B_3 Executive Session_ Pursuant to Section 551.087, Texas Government Code for Deliberation Regarding Economic Development to discuss the Offer of Financial Incentive to Business Prospect which City is Conducting Economic Development Negotiations to have such Business Locate in City Limits. COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ C_0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Norfheast Loop 820 North Richland Hills, TX 76180 Monday, April 9, 2012 7 =00 P_M_ AD Call to Order - Mavor Trevino Al Invocation - Mavor Pro Tem Barth A2 Pledge - Mavor Pro Tem Barth A3 Special Presentation(s) and Recoanition(s) - The North Richland Hills Animal Adoption and Rescue's participation in the ASPCA Rachel Rav $100K Challenae A4 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_ A5 Removal of Item(sl from the 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 evert the item will be removed from the Consent Agenda and considered _ B_1 Approval of Minutes of March 26. 2012 Citv Council Meetina C_0 PUBLIC HEARINGS No items for this category_ D_0 PLANNING AND DEVELOPMENT Kerns to follow do not require a public hearing_ No items for this category_ E_0 PUBLIC WORKS E_1 PW 2012 -007 Approve a Utility Assembly (820 -U -0508 -0002) for the City's Utility Relocations as Part of the North Tarrant Express Proiect F_0 GENERAL ITEMS F_1 PW 2012 -009 Approve the Abandonment of a Portion of a Utility Easement Located within the Smithfield Comers Addition (Block 1. Lot 1 R) - Ordinance No_ 3194 F_2 GN 2012 -028 FY 2012 Clink It or Ticket Mobilization Proaram Grant - Resolution No_ 2012 -011 F_3 GN 2012 -029 Authorize City Manaaer to execute Earnest Money Contract for Sale of Proper tv to Cool River Holdinas F_4 GN 2012 -030 Authorize City Manager to Execute Earnest Money Contract for Sale of Property to Gridiron Capital. LLC elr »:1 x41111VA*.I**l1*71 111:1LIA c? G_1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H_1 Announcements - Councilman Welch H_2 Adioumment COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject_ Agenda Item No_ A_0 Call to Order - lylayor Trevino COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ A-1 Invocation - Mayor Pro Tem Barth COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ A_2 Pledge - Mayor Pro Tem Barth COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ A_3 Special Presentation(s) and Recognition(s) - The North Richland Hills Animal Adoption and Rescue's participation in the RSPCA Rachel Ray $1 t10K Challenge Presenter Chun Mezger Summarw The North Richland Hills Animal Adoption & Rescue Center is in the qualifying heat of the ASPCA Rachel Ray $100K Challenge_ This challenge is an opportunity for animal shelters from across the country to bring awareness to pet adoption_ Participating shelters are tasked with increasing their numbers of pets adopted, transferred and retumed to owners over the same time period for last year_ The qualifying heat began at 11 a-m_ on Thursday, April 5, 2012 and will run through 11 p-m_ on Monday April 16, 2012_ During this time we encourage our community to vote for us so we can get into the next round of the challenge_ Vote for us every day at www_votetosavelives_ona_ Each person is alkouved one vote per day and you can vote every single day_ Anyone can vote for the NRH Animal Adoption & Rescue Center_ You do not have to be an NRH resident to participate_ We are competing with 15 other shelters in the South Central Division, which includes Arkansas, Arizona, Colorado, Louisiana, Mississippi, New Mexico, Oklahoma, Texas and Utah_ The 5 shelters that get the most votes will automatically move onto the finals_ C....t��nts advancing to the next level of the challenge will be announced on Tuesday, April 17,2012- fF we advance, the final round of competition will be held August 1, 2012 through October 31, 2012 and winners will be announced on or around Friday, November 30, 2012_ There will be several levels of prizes that we can compete for from Professional Development to Most Improved Player to uttimately the grand prize of $100,000_ One shelter can win multiple prizes_ The 2011 grand prize winner was Austin Pets Alive and second place went to the Humane Society of South Mississippi_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ A_4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ A_5 RsenKmal of Item(s) from the Consent Agenda COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject_ Agenda Item No_ 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 MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ B_1 Approval of Minutes of March 26, 2012 City Council Meeting Presenter Patricia Hutson Recommendation To approve the minutes of the March 26, 2012 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 — MARCH 25, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 2& day of March 2012 at 6 =00 p-m_ in the City Council Workroom prior to the 7 - 00 p_m_ regular Council meeting- Present Oscar Trevino Tim Barth Tito Rodriguez David Whitson Scott Tumage Mayor Mayor Pro Tem, Council, Place 1 Council, Place 5 Council, Place 6 Council, Place 4 L:i "--i1 7777-S�i',7111 fi , Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Sakko George Staples Mary Peters Kristin Weegar John Pitstick Lary Koonce Laury Fiorello Jamie Brockway Eva Ramirez Craig Hulse JoAnn Stout Gnu VanNieuwenhuize Stacy Udoni Clayton Comstock Andy Jones Kirk Marcum Thomas Powell Chris Amarante Kyle Spooner Absent Tom Lombard Tim Welch City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Developrnerd Finance Director Assistant Finance Director Purchasing Manager Purchasing Agent Economic Development Director Neighborhood Services Director Assistant Public Works Director Public Works Management Assistant Senior Planner Fire Chief Assistant Chief Fire Marshal Fleet Services Director Facilities & Construction Director Information Services Director Council, Place 3 Council, Place 7 � llilttiar: m Mayor Trevino called the work session to order at 6 - 02 p_m_ AO Discuss Items from Reqular City Council Meetinq There were no questions from the Council_ A_1 Fire Department 2011 Annual Rewd -10 Minutes Chief Andy Jones presented highlights of the Fire Department's 2011 Annual Report_ Chief Jones reported the folkPwing ■ Responded to 6,855 calls for service, with 4,832 of them being EMS calls ■ Completed 1,085 fire and life safety inspections and cleared 96% of the hazards identified ■ Responded to the West Texas wild fires in February and April as part of the NEFDA Task Fore e Conducted 109 station tours and engine demos for 4,094 citizens in community ■ Provided 121 public safety education programs with 2,576 people in attendance ■ Completed Citizens Fire Academy (CFA) Class #14 with seventeen citizen graduates ■ Completed Community Emergency Response Team (CERT) classes #10 and 11 with 58 citizen graduates_ ■ Average response times increased slightly over2010 from 5 minutes, 4 seconds to 5 minutes, 13 seconds_ ■ Percentage of responses in 5 minutes or less decreased from 53% in 2010 to 50% in 2011 ■ 99% of citizens in mast recent survey rated fire and EMS services as good or excellent B_0 EXECUTIVE SESSION - The Citv Council may enter into dosed Executive Session to discuss the folkPwi as authorized by Chanter 551, Texas Government Code B_1 Executive Session_ Pursuant to Section 551.071. Texas Government Code for Consultation with Attomev re acarrdinq Pendinq Litigation - 1) State of Texas v_ City of North Richland Hills (No_ 20114)02840 -11: and 2) State of Texas v_ Citv of North Richland Hills (No_ 2011400462 -1) B_2 Executive Session Pursuant to Section 551.072. Texas Government to deliberate the vurchase. exchange. lease or value of real ormerty in the southeast quadrant of the City Mayor Trevino announced at 6 =08 p-m_ that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections 1) Section 551.071 to consult with Attorney regarding pending litigation on 1 j State of Texas v_ City of North Richland Hills (No_ 2011-002840-1)- 3 and 2) Slate of Texas v_ City of North Richland Hills (No_ 20114300452 -1); and 2) Sermon 551.072 to deliberate the purchase, exchange, lease or value of real property in the southeast quadrant of the City_ C_0 Adiournment Mayor Trevino announced at 6.38 p-m_ that the Council would adjourn to the regular Council meeting_ REGULAR COUNCIL MEETING AD CALL TO ORDER Mayor Trevino called the meeting to order March 26, 2012 at 7 - 00 p_m_ ROLL CALL Present Oscar Trevino Mayor Tim Barth Mayor Pro Tem, Council, Place 4 Tito Rodriguez Council, Place 1 David Whitson Council, Place 5 Scott Tumage Council, Place 6 Staff Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis vdde Loftice Patricia Hutson Monica Solko George Staples Absent Tom Lombard City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Council, Place 3 Tim Welch Council, Place 7 Councilman Rodriguez gave the invocation_ A2 PLEDGE OF ALLEGIANCE Councilman Rodriguez led the pledge of allegiance_ A3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) No items for this category_ A4 CITIZENS PRESENTATION The folkPMng individuals spoke of Emergency Management Coordinator, Sean Hughes_ They praised his hard work and efforts he has made with the education of emergency management with the CERTS program and in the City of North Richland Hills_ e Stan Waite, 5736 Bermuda Drive e Andrew J_ and Hilary Kitzman, 6912 Meadow Park South Mayor Trevino stated that Sean Hughes retired from the City of North Richland Hills and has gone on to be the Fire Chief in the City of Copperas Cove_ Mayor Pro Tern Barth mcaognized Bay SomA Ryan Iffli with Troop 905 in aifendance_ A5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 7 M B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MARCH 5, 2012 CITY COUNCIL MEETING B.2 GN 20124323 AMEND RESOLUTION NO. 2072402 TO AMEND THE DESIGNATION OF THE CITY'S VOTING PRECINCTS AS ESTABLISHED BY TARRANT COUNTY FOLLOWING REDISTRICTING - RESOLUTION NO. 2012-009 B.3 GN 20724)27 AMEND SECTION 6-31 OF THE CODE OF ORDINANCES GRANTING A VARIANCE FOR THE NRH CENTRE B.4 GN 2012-024 APPROVE 201212013 SOLID WASTE IMPLEMENTATION PROJECT APPLICATION FOR HOUSEHOLD HAZARDOUS WASTE MOBILE COLLECTION EVENT GRANT FUNDING - RESOLUTION NO. 2012410 B.5 PU 2012 411 AWARD RFB NO. 12 405 FOR ELECTRICAL AND LIGHTING SERVICES TO CABLE ELECTRIC AS THE PRIMARY CONTRACTOR AND FACILITY SOLUTIONS GROUP AS THE SECONDARY CONTRACTOR B.6 PU 2012 -013 APPROVE PURCHASE OF HIGH PRESSURE JETTING EQUIPMENT FROM TEXAS MUNICIPAL EQUIPMENT, LLC IN THE AMOUNT OF $52,174.19 r \ h . MOTION To APPRWE C� 4-0. C.0 PUBLIC HEARINGS CA ZC 2012 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE COMMUNITY ENRICHMENT CENTER TO REVISE THE SITE PLAN OF AN EXISTING PLANNED DEVELOPMENT (PD 7) LOCATED AT 6250 NE LOOP 820 - ORDINANCE NO- 3193 APPROVED Mayor Trevino opened the public hearing_ Clayton Comstock, Senior Planner, presented the item The Community Enrichment Center (CEC) and The Hills Church of Christ are requesting approval of a zoning change to revise their existing Planned Development (PD-7) zoning_ The purpose of the revision is not to change any of the permitted land uses; rather it is a change to the site plan and landscape plan that is associated with the PD_ Because of the loop 820 widening project, a portion of the GEC's property along the freeway will be taken for construction and their existing driveway that services the loading dodo will be lost_ The site plan primarily adjusts the orientation of the loading dock area, provides additional parking and an additional driveway along Meadow Lakes Drive_ Staff saw the proposed site plan revisions as a significant divergence from the originally approved PD-7 site plan from 1992_ Specifically, parking lots and a driveway cut moved much closer to residential as previously planned_ Additionally, surface parking lots are not a permitted primary use on a lot_ The revised PD development regulations will allow for surface parking on undeveloped lots to service the uses within the PD_ The Planning & Zoning Commission recommended approval by a 5-0 vote with the recommendation that a sidewalk be installed along the entirety of the PD's Meadow Lakes Drive frontage_ Steve Campbell, 2920 Creekwood, Grapevine, spoke on behalf of the CEC and was available to answer questions from the Council_ Mayor Trevino called for anyone wishing to speak for or against the request to come forward- There being no one wishing to speak, Mayor Trevino dosed the public hearing and called for the motion _ C= CL RoDRIGUEZ MWED TO APPROVE ZC 2012-02; OEW ANCE No. 3193 WITH THE P8Z RBLOr OATWN THAT A SWEWALK BE S WALLED ALCM THE ENTIRE IIIEADOW LAKES DRIVE FRONTAGE OF THE PLAT DEVELOPMENT COIJNCLr VYHNTSON SECGI THE YOTION. MOTION TG APPRWE CA1iRE0 ". C.2 TR 2012 -01 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTIONS 118-M "TABLE OF PERMn TED USES" AND 118-001 "DEFINITIONS" OF THE NORTH RICHLAND HILLS ZONING ORDINANCE. PROPOSED AMENDMENTS INCLUDE THE ADDMON OF THE FOLLOWING TWO PREVIOUSLY UNLISTED USES TO THE TABLE: SECONDHAND DEALER AND PRECIOUS METAL DEALER AS WELL AS THE DEFINMONS OF THESE USES AND OTHER TERMS - ORDINANCE NO- 3188 APPROVED Mayor Trevino opened the public hearing_ Clayton Comstock, Senior Planner, summarized the item_ The purpose of Ordinance No_ 3188 is to create two new and currently unlisted uses in the Zoning Ordinance's Table of Permitted Uses secondhand dealers and precious metal dealers as well as the definitions of these uses and other terms- ■ Precious metal dealer means any person or entity engaged in purchasing articles made of or containing gold, silver, platinum, or other precious metals or jewels of any description for the purpose of reselling the items in any form - e Secondhand dealer means any person or entity engaged in buying, selling, trading or handling any kinds of used or secondhand goods, wares or merchandise- 0 Incidental use means any use or combination of uses different from and subordinate to the primary use and which complements andlor supplements the primary use - Said use shall be operated for the benefit or convenience of the employees, visitors, or customers of the primary use- 'Incidental' shall mean any activity occupying an area of less than fifteen percent (15%) of the primary use or which generates gross receipts of not more than fifteen percent (15%) of that of the primary use - An incidental use is also an accessory use- The Planning & Zoning Commission recommended approval by a 6-1 vote- Mayor Trevino called for anyone wishing to speak for or against the request to come forward- There being no one wishing to speak, Mayor Trevino dosed the public hearing and called for the motion- COIJNcL VA raw rovED To APPtovE TR 201801; O womom No. 318L MAYA t PRO Ta BAffrH smmom Tw nwm C.3 TR 2012-02 PUBLIC HEARING AND CONSIDERATION OF 2012 COMPREHENSIVE LAND USE PLAN MAP - ORDINANCE NO. 3191 APPROVED Mayor Trevino opened the public hearing- John Pitstidr, Planning and Development Director, summarized the item- The Comprehensive Land Use Plan Map was last updated in August 2009- Since that time, several changes have been made and a number of modifications to the map are needed- This is not a complete revision of the Comprehensive Land Use Plan, but merely an update to the map and land use table reflecting changes that have occurred since the 2009 map was approved_ Followina are the revisions to the Comorehensive Land Use Plan Mao 11- Redefine the Iron Horse Transit Oriented Development boundary and change the remainder of the Bluffs at Iron Horse parcel to High Density Residential/Multi- Family 2_ Change all the approved Residential Planned Developments (R -PD and RI -PD) from Medium Density Residential to Low Density Residential_ This includes the following= ■ La Fontaine ■ Highland Park ■ Liberty Village ■ Brynwyck ■ Town Walk Chase ■ Stonybrooke ■ West Hightower Place ■ Stonybrooke, Ph_ II ■ Crestwood 3_ Display the boundaries of the Little Bear Creek Condor_ 4_ Remove the Parks/Open Space designation at the former Recreation Center site in Home Town _ 5_ Amend the designation of the Oncor-owned lot on the north side of Country Place Drive which contains utility appurtenances and is primarily in the flood plain — Change to Public/Semi Public and Parks/Open Space_ 6_ Display the streets on the Home Town Regulating Plan 7_ Map updates in response to recent zoning changes as required by ordinances ■ Forest Glen East lots, zo ned Office, on Azalea Ct (street not constructed) off of North Tarrant Parkway — Changed from Retail to Office_ ■ Thombridge East lots, zoned Office, at Belshire Dr and Precinct Line Road — Changed from a mix of OfficelNeighborhaod Service to all Office_ ■ 1.92 acre panel between Park Place Dr and Sayers Ln — Changed from Retail to Low Density Res- 0 New Recreation Center lot on Hawk Ave — Changed from a mix of OfficelNeighborhood Service to Public/Semi-Public ■ Northgate Church lot at 4247 Road to the Mall — Changed from Office to Public/Semi-Public ■ NRH Baptist Church lot at 6955 Boulevard 26 — Changed former lots along Boulevard 26 and Vance Rd from Retail to PubliclSemi-Public to match the rest of the lot The Planning & Zoning Commission recommended unanimous approval of the 2012 Comprehensive Land Use Plan Map Update_ Mayor Trevino called for anyone wishing to speak for or against the request to come forward- There being no one wishing to speak, Mayor Trevino dosed the public hearing and called for the motion _ Cotmc� TURwkw YOAIBD To APPROVE Ommmi E No. 5191; THE 2012 Uw UsE NIAP. sECONINEn THE EDTKML 0.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 GN 20124325 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $49,500 TO NEEDHAM MCCAFFREY ASSOCIATES FOR DEVELOPMENT OF AN IRON HORSE CORE DEVELOPMENT PLAN APPROVED John Pitstick, Planning and Development Director, summarized the item_ A joint professional services agreement is being recommended between the City of North Richland Hills and Skeeter & Bucky, LP with the planning firm of Needham McCaffrey Associates to develop a conceptual core station area plan for the Iron Horse Transit Oriented Development (TOD)_ The City is obligated to compensate the consultant a total of $49,500 and Skeeter & Bucky, LP, the land owners of approximately 13 acres at the proposed rail station area, is obligated to pay a total of $24,500 as part of the professional services agreement_ Completion of the Iron Horse station area plan will allow the city to move forward with rezoning of the Iron Horse TOD area and be eligible for potential regional sustainable developmend grant funding for public improvements to enhance the Iron H wse district in preparation for mixed use development_ MAYOR PRO Tat BARTH MOVED To APPROVE GN 201242L CouNCLYwN Vhffr= N SECONDED 1ME MIY 1 . E.0 PUBLIC WORKS E.1 PW 2012406 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH THE RJN GROUP, INC. IN THE AMOUNT OF $153,185 FOR UTILITY CAPITAL PROJECT UT1203 APPROVED Jimmy Cates, Public Works Operations Manager summarized the item_ The item is to authorize the City Manager to execute a professional service agreement for the replacement of segments of sanitary sewer main lines in the portion of the city located south of Northeast Loop 820_ Some of the improvements will consist of the standard open trench construction and some will consist of the city using the latest technology in pipe bursting_ Approxdmately 8,000 linear feet of sanitary sewer main lines will be replaced with this project_ The City requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 22 firms_ The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional service agreement to RJN Group, Inc_ in an amount not to exceed $153,785_ 0 7 E-2 PW 2012-008 APPROVE A UTILITY ASSEMBLY (8204J4508-0001/FIBER OPTIC CABLE) FOR THE CITY'S UTILITY RELOCATIONS AS PART OF THE NORTH TARRANT EXPRESS PROJECT APPROVED Greg Van Nieuwenhu¢e, Assistant Public Works Director, presented the item- Council is being asked to approve the necessary documents authormng Bluebonnet Contractors, the construction arm of North Tarrant Express Mobility Partners, the developer of the North Tarrant Express Project to relocate a portion of the City's Fiber Optic Cable (FOC) in order far the construction of the North Tarrant Express Project to continue to proceed_ Presently, it does not appear that the City will be responsible for any of the funding regarding the relocation of our FOC_ The present estimate indicates that the City will be reimbursed $13,081.09 for this utility relocation_ The main reason for a potential reimbursement is because the City is being reimbursed for the value of our existing easement for our FOC which lies immediately outside of the existing TxDOT ROW_ While the City will be obtaining a similar type easement for a portion of the relocated FOC, there is not a cost to the City for this new easement as the City owns the property that this new easement will be situated on_ The actual costs are not expected to be greatly different than the indicated amounts_ F -0 GENERAL ITEMS F -1 GN 2012 -021 PRESENTATION OF FISCAL YEAR 2011 AUDITED FINANCIAL REPORT APPROVED Laury Fiorello, Assistant Finance Director, presented the 2011 Fiscal Year Audited Financial Report advising of year -end results and fund balance data for the various funds_ Mr_ Terry Kyles from the independent audit firm of Deloitte and Touche presented the audit opinion and report_ The auditor's opinion was an unqualified opinion or a `dean" opinion meaning that they found the Financial Statements of the City to fairly present the City's financial position_ 4j I _ P _ P k . • L ill r �.. I a n F-2 PU 2012 -012 AWARD A CONTRACT TO DUNAWAY ASSOCIATES, L.P., IN THE AMOUNT OF $52,100 FOR PROFESSIONAL SERVICES FOR THE ADVENTURE WORLD PLAYGROUND RENOVATION PROJECT (RFQ 12-008) APPROVED Vidde Loftice, Managing Director, summarized the item_ The item is to award a contract for professional services for the Adventure World Playground renovations_ The city requested Requests for Qualifications (RFQ's) in accordance with city policy and qualifications were received from 11 firms_ The City's selection committee reviewed and evaluated the proposals and is recommending award of the professional service agreement to Dunaway Associates, L-P_ in amount of $52,100_ COMMM M RODRIGIJEE 11 To APPROVE PU 2(12412. COMM AM Tt1RNAGE SECONDED THE YD►i & F.3 GN 2012 -025 RESCHEDULING OF THE MAY 28, 2012 CITY COUNCIL MEETING TO MAY 21, 2012 APPROVED Patricia Hutson, City Secretary, summarized the item_ The May 28 City Council meeting falls on the Memorial Day holiday_ Council is being asked to consider rescheduling the meeting to May 21 _ The rescheduling of the meeting to May 21 will also allow Council to canvass the May 12 City Council General and Bond Elections in accordance with state law_ The Election Code provides that the canvass is to be conducted between the 3' and 11 day after the election or May 15 to May 23_ Setting the meeting for May 21 will provide sufficient time for Tarrant County Elections to complete the election processes that are required to be conducted after Election Day and to provide the City with its official results_ MAYOR PRO TEN BARTH MOWED TO APPROVE THE REIMEDIAMG OF THE MAY 23 C11Y CMJMM MEET TO MAY 21, 2fH2. COIIIHML RoD EZ SECONDED THE MOTION. Z4* 1111 A=16 -1 .V "C I 11 ' LV G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION IJSTED ON WORK SESSION AGENDA No action required_ H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Whitson made the following announcements_ Join us on Saturday, March 31 for North Richland Hills' annual Easter in the Park celebration_ This event is scheduled from 10 a-m_ to Noon at Green Valley Park, 7701 Smithfield Road_ The Easter egg hunt will begin promptly at 10 a-m_, so don't be late_ For more information, please call at 817 -427-6600_ The grand opening of the new NRH Centre will take place on Saturday, April 14, 2012_ This special event will include a ribbon cutting ceremony at 9 a-m_, followed by an open house beginning at 10 a-m_ and continuing throughout the day_ The NRH Centre is located at 8000 Hawk Avenue_ For more information, please call 817 -42700_ Kudos Komer - Terri Howell and Doug Dunn, Public Works Department_ A resident called to thank Terri and Doug for their help in getting a pedestrian crossing signal repaired_ She said everyone at the city was very nice_ 'Thanks from all the parents and walkers of the neighborhood for making our walkways safe,' she said_ H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8 =75 p_m_ Oscar Trevino — Mayor F- 111 =AS Patricia Hutson, City Secretary COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject_ Agenda Item No_ C_0 PUBLIC HEARINGS No items for this category_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject Agenda Item No_ D_0 PLANNING AND DEVELOPMENT Iten2s to follow do not require a public hearing_ No items for this category_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 0-2012 Subject_ Agenda Item No_ E_0 PUBLIC WORKS COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ E_1 PW 2012-007 Appro►re a Utility Assembly (820 -U4 508-0002) for the City's Utility Relocations as Part of the North Tarrant Express Project Presenter Gregory Van Nieuwienhuize, Assistant Public Works Director Summar►r_ Council is being asked to approve the necessary documents authorizing Bluebonnet Contractors, the construction arm of North Tarrant Express Mobility Partners, the developer of the North Tarrant Express Project, to relocate a portion of the City's public utility infrastructure in order for the construction of the North Tarrant Express Project to continue to proceed_ General Description= In 2010, the State of Texas acting through TxDOT entered into a comprehensive development agreement (CDA) with North Tarrant Express Mobility Partners (NTEMP) to design and reconstruct Loop 820 from its 1-35W interchange to the SH 121/SH 183 interchange and to design and reconstruct SH 121ISH 183 from its interchange with Loop 820 to approximately Murphy Drive/Westpark Way in the Bedford/Euless area_ The CDA requires NTEMP to complete the construction of the indicated roadway limits in 2015_ NTEMP has determined that they will accomplish this task by reconstructing these roadways in sub—sections- The initial sub -sections chosen to be reconstructed are based on the right-of- -way having been acquired and any conflicting utilities being relocated in a timely manner_ It is important to note that the 'Loop 820 section' of the North Tarrant Express (NTE) Project is entirely federal interstate and that the `SH 121/SH 183 interchange to Murphy Dri►veNVestpark Way section' of the NTE Project is state highway_ This is important because on the federal section of the NTE project, the City's utilities are relocated at no expense to the City_ However, whenever the City desires an increase in size to any of the City's utilities (called betterments), the City is responsible for the cost of the betterment_ On the state highway section of the NTE Projec, the City's utilities are relocated at fifty percent (50%) of the cost of such rekxcation_ Here again, the costs of any betterments in this section are also the sole responsibility of the City_ NTEMP has turned over the utility relocation portion of the project to their construction arm, Bluebonnet Contractors (BBC)_ As Council is aware, BBC is working within the entire NTE corridor (1 -35W interchange to Murphy Drive/Westpark Way), and to date NRH has approved three (3) Utility Assemblies (UA) ■ a UA for water and sanitary sewer in the SH 121ISH 183 condor ■ a UA for water and sanitary sewer in the Loop 820 corridor ■ a UA for the relocation of the City's fiber optic cable in the Loop 820 condor Presently, BBC is requesting that they be approved to relocate additional sanitary sewer infrastructure within the Loop 820 condor_ As this area is on the federal highway section of the project, the City will only be responsible for betterments to the construction- related casts for this relocation effort_ Presently, BBC is requesting that the City approve the necessary documents in order for them to relocate the City's utility infrastructure within the Loop 820 condor_ These documents include 0 Utility Adjustment Agreement Amendment (Amendment Na_ 2 to Agreement Na_= 820 -U -0508) - This document is an Amendment to the Loop 820 Master Utility Adjustment Agreement that the Council approved on November 14, 2011 _ - This document is to be executed by TxDOT, NTEMP, BBC and the City- - This document has been reviewed and approved by the City Attomey_ Cost Estimate for Utility Assembly (820 -U -0508-0002) - This document is the cost estimate for the design and relocation costs of the betterments to the City's water and sanitary sewer utility infrastructure_ ■ Water & Wastewater Facility Abandonment - This document authorizes the abandonment of certain utilities (it should be noted that abandoning utilities is fairly routine on infrastructure projects when new utilities are being constructed as replacements and the utilities being abandoned have been reviewed and approved by the Public Works Department's Engineering and Operations Divisions)_ - This document has been reviewed and approved by the City Attomey_ ■ Utility Jain Use Ack nowledgemert Reimbursable Utility Adjustment - This document allows the relocated utilities to exist within TxDOTs right-of- way, allows the City to access such utilities and indicates that the costs for utility relocation will be in accordance with the applicable laws of the State of Texas- - This document has also been reviewed and approved by the City Attomey_ These documents comprise the majority of the `Utility Assembly (820- U4)50840002)' instrument The majority of the City's sanitary sewer infrastructure that is incorporated in this UA is considered a betterment_ The betterment portion of the work is the replacement of existing 21' DIA sanitary sewer with 27' DIA sanitary sewer in accordance with the City's Wastewater Master Plan_ Presently, it is estimated that the costs to the City for this bettemmnt work is $556,036.10_ After the utilities are relocated and final oasts known, BBC will invoice the City for the actual costs_ The actual costs are not expected to be greatly different than the indicated amounts_ There is sufficient funding to owner the City's share of this work from the following projects in the current Capital Projects Budget ■ I_H_ 820 Utility Adjustments (Project UT0203); and e Sanitary Sewer Loop 820 Condor Interceptor Replacement (Project UT1202) Recommendation Approve Utility Assembly (820- U-050843002) for the City's Utility Relocations as Part of the North Tarrant Express Project- Enclosur es= ■ Exhibit A- 0 Exhibit B e Exhibit C= 0 Exhibit D_ Utility Adjustrnent Agreement Amendment (Amendment No_ 2 to Agreement Na_= 820 -U 43508) Cost Estimate for Utility Assembly (820 -U -0508-0002) Water & Wastewater Facility Abandonment Utility Joint Use Acknowledgement Reimbursable Utility Adjustrnent Exhibit A: Utility Adjustment Agreement Amendment (Amendment No. 2 to Agreement No.: 820 -U -0508) CoumtyTariant ITighway_ NTE (1E Loop 820) Limits= NTE {Loop 820) from SWRR (DART) to SH183IM121 Fed_ Prof_ No_: NIA ROW CSJ No-: 0008-14-093 Coast CSJ No-: 000&14-058 UT H TlY ADJUS AGREEMENT AMENDMENT (Developer Managed) [Amendment No_ 02 to Amt No_: 820 -U-OS M TIM AMENDMENT TO MASTER UTf ILL Y ADJUSTMENT A (this by and between NTE Mobility Partners LLC, hereinafter identified w the - Developer-Bluebonnet Canftackws, LLC, heninafter identified as the Dedgm-BuNd Cofactor" and CSty of North Rictiland E, hereinafter idemtif ed as the ` Ownee ; is w falbws: WITNESSETH WHEREAS, the STATE of TEXAS, acting by and through the Texas U. - . L - ... � .. of T ....... .: - - - , hereinafter identified as ` DOT", proposes to constinct the t umpilce project identified above (the `TacW, w mare particularly described in the °-Original A.- - .. s . L7, defined below); and WHEAIRA.S, pursuant to that certain CamprehMsive Dew+elapmml Agrcement { `CDA J by and between TxDOT and the Developer with respect to the Facility, the Developer has undue the obligation to design, come finance, operate and maintain the Facility, including causing the removal, mlocstion, or other necessary adjustment of emoting utilities impacted by the Facility (collectim*. and WHEREAS, pursuant to that certain Desfg Build Contract by and between the Developer and the Design Budd Contractor with respect to the Facility {the - Design-Build Cam, the Dengn -Build C � , . i . -, � , - has UndertakM the obligation to design and construct the Facility, which includes the Adjustment; and WHEREAS, the Owner, the Developer, and the Design -Build Conhacbor are parties to that certain executed Master Utility Adjustment A, , ;. z .. � . I_ designated by the Agreed No - indicated above, w amended b p mvious amp, if any {the - On&W A, - : ;� .. s- - .1 which provides far the adjust of certain utilities owned andlor opeail ed by the Owner {the Utilities"}; and WHEREAS, the parties are required to utilize this Amt Rain in order to modify the Original A1 , hI 6. - - . ;� Al to add the adjustment of Owner facilities not covered by the Original A,, - .. - '; and WHEREAS, the parties desire to amend the Original Agrees to add additional Owner utility facifily(ies) an the terms and condbaans hereinafter set forth_ NOW, r ere ORE, in consideration of 1he a, .:......: x :.. 1 herein, the parties hereto agree as follows= Amenduu�t. The anginal A,- - ;� t is hereby amended as follows_ 1 -1 Plans (a) The ' wa Y - .on of the Owner Utilities and the, r . a A Adjustment of the Owner Utilities m the Original Agreement is hereby amended to add the fdlowmg uthty facihty(res) ("Additional Owner Uthtice) and proposed AeIJ (s) to 1he Owner Utilities described in the Original A, , . - ;� . �. to a4ustfow wwkm7ter facdilies kpkd rg gWra dMaAdy 3915 Ummw feet for flee C 71y ofNortk RkhIm id RWk 77rese faci i"m cv> flirt with the i . ..� l p s&uchve for dw NTE from gVwm NM U ility Rase fora 927+00 to 961 +25- 77ee admit will mnsist of rung these fzcddzm wide likeImrd Mo (b) The Plans, as deed m Paragraph 1 of the Original Agreeme ; ate hereby amended m add thereto the plans, specifications and cost eslunales attached hereto as Fzhrbit A_ (c) The Plans attached hereto as Exhibit A, slang with this Amt; shall be submitted upon execution m TxDOrl in accordance with Paragraph 2 of the Original A, , i. z. ;� . ['- and Paragraph 2 shall apply to his Agent and the Plans attached hereto in the same manner as if this Amt were the Original Agreement_ If the Owner claims an Fmuug Interest for any of the Additional Owner Utilities, dodo® with respect to such claim shall be submitted to TxDDT as part of 1his Amt and the attached Plans, in accordance with Paragraph 15(a) of the Original A, , i. z. ;� . L 1-2 Advancement of Inds by Owner for Conshmcbm Costs. (a) Exhibit A of the Original A, 2 z, :. . . z . t is hereby amended to add for the Additional Owner Utilities and proposed Adjustment(s) the following information set forlh o u Exhibit A hereto= (i) all wX... , I z, 1 engineering and constructimArlated costs, inchiding labor, material, egmpment and other miscellaneous diction itns, and (n the Owner's and Design -Build Canttactar's . re cast sharing - -"v, . ability far the as more fully described in Section I A below- The Owner shall advance to the Demga-Build Contractor its allocated share, if auy, of the estimated costs for axwtr ctio u and engineering work to be . _ i � , _ ..:1 by Design -Build Conti under this Amend in accordance with the following terms= ® The adjustment of the Owner's Utilities does not require advancement of iun& ❑ The adjustment of the Owner's Utilities does require advancement of funds and The terms agreed to between the Design -Build Cow and Owner are listed below - fhrsert terms ofadmNzce f uWd Fzg to he agreed baween Design Bnild Contractor and Uw mer -] (b) Adjustment Based on Actual Costs or Agreed Sum For purposes of Paragraph 7(b) of The Original AgreernoK the following tins apply to the Additional Owner Utilities and r �r � 1 Adjustment [Check tyre ogre , ail•' .1. , i .uteprovivion]= ® The Owner is responsible far As share of the Design -Build Contractor's actual cost for the AdlusfinenL including any wed Bit_ Accordingly, upon completion of all Adjustment woudr to be . i. -- i. - _ - - . ;, 1 by both parties pursuant to his Amy {] the Owner shall pay to the Design -Build Contractor the if any, by which the actual cost of the B _ .:. _ .. � - .. (as domed in Paragraph 9(b )j plus the actual cost of Owner's share of the Adjustment (based on the allocation set forth in F_xhibit A) exceeds the - - !r :1 cost advanced by the Owner, or (n) the Design Build Color shall refund to the Owner the amouK if any by which such advance exceeds such actual cost, as applicable_ ❑ The Agreed Sum is the agreed and final amount due for the AdjusftmenL including any B �. : i. _ .. z., , under this Amt_ Accordingly, no adjustment (either up or down) of such amount shall be made based on actual costs_ 1.3 Rehminursememl of awmx's Indbrect Casts_ For r , _ w of Paragraph b of the Original Agreed the following terms apply to the Additional Owner Utilities and proposed Adjustment (a) Dek ri--Build Contractor agrees to reimburse the Owner its. share of the Owner's indirect costs (e_g_, engmemug. mspectioq sland by pay, testing, ROW) as identified in Exhibit A_ When requested by the Owner, monthly progress payments will be made_ The monthly . c ;i - .. z. .. will not exceed 8o% of the - _,-:, :.1 indirect wok done to date_ Once the indirect work is complete, final payment of the eligible indirect casts will be made_ I _ _ .. Z, .. ate r c j .. ;� . L., shall not be construed as final payment for any items included in the inkmodiale payment_ (b) The Owners indirect costs associated with Adjust of the Owner Utilities shall be developed pursuant to the method checked and described below }check oily me hQx]= ® (1) Actual related indirect costs accumulated with (i} a wuk order accounting procedure prescribed by the applicable Federal or Stale regalalory body, or (n) established accounting procedure developed by the Owner and which the Owner uses in its regular operations or, ❑ (2) The agreed sum of S ("Agreed Sum') as .:.. �, . ji, 1 by the analysis of the Owner's :1 costs attached hereto as part of Exhibit A- I A ResaonsRdIilo for Casts of Adjustment Work` For purposes of Paragraph 4 of the Original Agreed rrspamsubrldy for the Agreed Sum or Actual Conk as apphcablc of all Adjust woadr to be perkmed pursurant to this Amt shall be allocated between the Design -Build Ca or and the Owner as identified in Exhibit A heretic and in accordance with §203.092, Texas T �, . .: on C ode_ An allocation t .:d .. .e.t4ge may be deleuained by application of an EhgHnMy Ratio, if approp m-dr, as detailed in Exhibit A, provided however, that any portion of an Agreed Sum or Actual Cost athz to H _ .. z. .. shall be allocated 1009 to the Owner in ac W .. with Paragraph 9 of the Original Agreement_ 1.5 Bit (a) Paragraph 9(b) (Befternient and Salvage) of the Original A,- - .. , t is hereby amended to add the following [Check dw one box that applies, and campWe f ,, + u�; 4= ❑ The Adjustment of the Additional Owner Utilities, pursuant to the Plans as amended herein, does not include any B ;� . , ;� _ ..:.... ® The Adjustinem of the Additional Owner Utilities, pursuant to the Plans as amended herein, includes Bit to the Additional Owner Utilities by reason of eamba6mg avTlict 119 to both the wrest and easy W&dmg gTrw iamtely 1185 lihearfe4 man 4w-t to provide canhmalyfor Nardi McklandIMI's waster system lone crossing par&m for cwiftict 119 um also upss&ed from a 21 " to a 27' fw• increused capacity_ The Design-Build Cortrack r has provided to the Owner ,..... c .: ve estimates for �i) all wok to be performed by Ihe Design -Build Cam pursuant to this AmendmenL including work attabutable to the Bette, and CH) the cost to perform such wodr without the B ;� ., ;� _ .. z., ,which :.v'.W :..v are hereby approved by the Owner_ The estimated cost of the Design -Build Cantractomr's wok under Ibis Amendment which is attabutable to Bent is � calculated by subtracting (n) from �i)- The r - . G .ge of the total cost of 1he Desig¢Build Cows wok under this Amt which is attributable to B :.. , :. _ - ;� . I is - %, calculated by subtracting (n) firm {i}, which remainder is divided by �i)- (b) If the above Paragraph 15(a) identifies B :.. , :. _ - - . ;� . i ., the Owner shall advance to the Design -Build Contractor, at least fourteen (14) days poor to the date scheduled feu- commencement of construction far Adjustment of the Additional Owner Unities, the estimated cost attributable to Ik, . , ;� _ ..:... as set forth in Paragraph 15(a) of Ibis Amendment Ifthe Owner bilS to advance payment to the Design -Build C i..e.,.:. -- on or before the f.. , z,� - - g deadline,1he Design -Build C. - . i . � j. - - shall have the option of commendng and conTletmg (without delay) the A4uustment wodr without insWIation of The applicable Bettmmant_ [Check the me.. jq - -.1., ute provision]= ❑ The .. c, : ;, 1 cost stated in Paragraph i -5(a) of this Amt is the agreed and final amount due far B z;. j i. ... �. - . under this Amendment, and accordingly no adjustment (either Up or down) of such amount shall be made based on actual costs_ ❑ The Owner is : . - -.ble far the Design -Build Con's actual cost for the identified B z;. , ;� _ .. z., _ Accordingly, Upon completion of all Adjustment work to be 7....:1 by both parties pUrSnant to this A () the Owner shall pay to the Desigri4kuld Condor the amount, if any, by which the actual cost of the B z;. j i. ... �. - .. (determined as prided below in Ibis paragraph) exceeds The estimated cast advanced by the Owner or (n) the Resign -Build Contractair shall refimd to the Owner 1he amomi if any, by which such advance exceeds such actual cost, as applicable_ Any additional payment by the Owner shall be due wufm slzty (60) days ages the Owner's receipt of the Design-Build Contractor's invoice therefor, kVdbff with suppoding documentation, any refimd shall be due wdhm Maly (60) days after completion of the Adjustment work under this A The actual cost of Befit mcurx+ed by the Design -Build C� .-, �,- shall becalculatedbymultiplying 00 the B:..,:._- ;�.i.,is. staffed m Paragraph 1.5(a) of this Ate, by (ii) the actual cost of all wok A by the Design -Build Cofactor pusuant to this Agent (including wmk amt to the Hit), as invoiced by the Design-Budd Cow to the owner (c) The determinations and calculations of Bit described in this Amt shall exchide right -0f -way acgmsifian costs_ Hit in coonectim with right -0f -way acquisition is addressed in Paragraph 15 of the Original Agreemoivt 1.6 Aftcd l�u& (a) Owner and Design -Build Contractor agree to refer to this Am - .' . - � .., designated by the - Amendment No_ and Agreement Number' indicated on page 1 above, on all future .. w r ....dente , , f . , . :. g the Adjustment work that is the subject of 1his Amenduent and to --'j all costs relating to this Am ... - - . .. and the Adjustment work descrilmd herein_ (b) [Include any otwr- proposed mnndmwzft allowed by g7hbahle law ] 2_ GeueraL (a) All capitlized tours used m this Amt shall have Ihe meanings assigned to them in the Original A, , i. i. .. ;� . '_ except as otherwise staffed herein (b) This Amendment maybe : � i,-A� 1 in any number of Co. - .: - . c .. _ Each such hereof shall be deemed to be an original instrument but all such c. , : - . together shall c : - ... i. one and the same instrument (c) Except as amended he the Original A, - : � .. �. - shall main in full farce and effect_ In no event shall the : . - .. bility, as between the Owner and the Design -Build Contractor far the preparation of the Plans and the Adjustment of the Owner Utilities be deemed to be amended hereby_ (d) This Amendment shall become effective upon the later of (a) the date of signing by the last party (either the Owner, the Design -Build Contractor or the Developer) signing this A and (b) the completion of Tk DOT's review and approval as indicated by the signature of TkDCWs representative, below_ ' 'r: $ �0 TEXAS DEPARTMENT OF TRANSPORTATION W- Printed Name= Donald C_ Toner Jr_ SRIWA Tide: Dmxftw — 5tiutegic Progects Right of Way ShWtcgic Picas Dwision FP M DESIGN -BURR CONTRACTOR BhKbom et Cotes_ LLC W-- DulyAudm� R w L m Printed Name= Jose Carlos Fsteban Tifle= Chief Fxecutive Ofkcr CIL "M :4 ,� CITY OF NORTH RICHLAAND HHJS By Printed Name= Title= Date= Daly Authorized DEVELOPER NTE Mobilito Parraxs LLC Daly Authorized Printed Name= Steve Hankins, PE_ Title= Director of Design & Construction Date= Date. Exhibit B: Cost Estimate for Utility Assembly (820 -U -0508 -0002) Caorc[ I II ..a .:.:. - unn Qnanw uai[ Price .atiLlo ai Fmnwei 4'DiaMH FA 1 $ 1r M $ LSOOM bftAMII Hearfi Dia DM FA 1 $ 65OODO $ S 5OOm ios a 48' Sled Pipe (bore) iF 515 $ 4MM $ 23L7 -%= iffiII 24 HoMS W W Ppe fopm ca] IF 839 $ 751M $ M%75OM 118 b>sftII 24' HOMS W W ripe in Ca Pipe iF 515 $ MM $ 1� Km m RomumEdn&ngTDi@LMH FA i $ 1.00ODO $ 1.00OAO b>sftII NEWT Dia Drop M FA 2 $ 55OODO $ 11ADOM b>SftII HearT Dia MH FA 3 $ 4.5 O $ 135OOM [Caefi&tll7ia8emTmdmeffMpwt Fob-a-] $ 63pAMM I b>SftII NEWT Dia Din FA 3 $ 4.5 O $ 135OOM 119 tasftII 27 HORAS W W Pipe Copes cuL] iF 813 $ X75M $ 223.675M b>SftII 48' Sled Casing Pipe (bore] iF w $ 45OM $ 30A00M b>sftII 2T HoMS W W Pipe in Ca Pipe IF 68 $ 300DO $ 20.400M $ 2MO75JM PEM"MMMaMR FA 1 $ 1 r DO $ LSOOM b>sMII HearT M& DM FA 7 $ 4 r DO $ 31 119 tkAMII 2r HOBAS W W Pwe [open cal IF 1260 $ 275DO $ 3465OOM b.n.—t I b>SftII 48' Sled Pipe (bore) iF 437 $ 45OM $ 196 S&M PhM EmM g 21' W W Ime FA 1 $ 3.000DO $ 3AOOM b>SftII 27 HORAS W W Pipe in Cam Pipe IF 437 $ 30OD0 $ 13L100M $ 71n.2SaM Ian 42' Sled c Pipe (bore] iF 3" $ 400M $ 157.20OM 21' hk=R 2Y HoMS W W Pipe in CamPipe EA 343 $ ZOODO $ 7$6OOM h2AA HearT Dia MR EA 2 $ 4 DO $ 9AOOM $ 244ABOM InsUR 48' Sled Pipe (bore) iF 343 $ 4MM $ 176 SUM 27' ht=R ZT HOMS W W Pipe in Cam Pipe iF 343 $ X75M $ 10w5A0 ht=R Hear T Dia MH EA 2 $ 4 DO $ 9ANUM $ 293.925.00 DiQaeo $ 49,1ZS00 l hasftlfl Hew4 Dia_ Drop MH FA 2 $ 4,200-00 $ $400M MM-1l New 5' Da MH FA 1 $ 4-SOOM $ 4 iaamII Hew, Dia_ MH FA 7 $ 3L400-00 $ 23ADOM 113 ConnectW IxkdMY.`. �! _ . _ _ Ime pn FA 1 $ 1 s -0O $ 1somA0 I--ftu s S= 26 Pipe (aspen.d] iF 1485 $ 45-00 $ 66,s25-0o Ihmftm it s= 26 PipeinC Pipe iF 195 $ 40-00 $ 7 AMM Ihmftll w Sled Pipe(bore) IF 195 $ 750-00 $ 29.2sam $ 142.075 flO Ihksftln P%- (bore] iF 400 $ 260-00 $ l OtOMM 117 iII 12' SDR 26 Pie in Cam Pipe iF 400 $ 60-00 $ 24,000-00 iII Hears' Dia MH FA 2 $ 4 500-0O $ 9,000-00 [ IPrHsetBeiepiso�r�BemTmdmed ®d�ie�edml®Hsffiimx] $ ]31000-00 dLmditec [ irr u■a Qo trty I u nit Price I swmm al I Desi�F ees HR 240 $ 2 15-00 $ 51,600-00 Pio�ecLIuspedaon HR 120 $ 11sm $ "imam IPIMRodew HR 8O $ 100-00 $ $000-00 WuAwmcL Ovo&eaad is 1 $ 4241800 $ 42418-00 $ 11SAM M Fsn�edLm�ec[ Cos� dre Cilry oflYar[fr liH�dHiDs UNA Qo tft unit Price swmm al PmlectInsperdnn HR UO $ 115-00 $ 13OXM PIm Rodew HR 8O $ 100-00 $ $000-00 Hot& Wddmd WUs ovo&ead IS 1 $ 44 $ 44 $ X38-90 1 COyoFlidtiEkblmdDEs CmmMb2w 1= 117.12%I M MbNdk24 2M Bsthmmlzd Dredt Casts irEbEbmmct ILC $ ipfiq,�lEb�■ gammmy EWMmmd Dkea Col f3 forge Cby dMoff& Mddmd=b $ - I■�e�tt7os[sforfieOWcfMz&MM=dEM $ funk 11 7WA EWbmWzd CostforRedom=arUkm Wmd RWaM= $ xzaxm& MW&mmMdYWhe PWcMtlw $ �375�D■ Rntmuwm =l"rb=r= 0 - m) LMm B * MdMnaml='1mW Vhhw wf lMz-Wmd P.*EUm $ 1.E6O�160�a Ltdtmi iddmmttmrm Yslue $ �■ .1bIth: 63.t M TWA omm�dsmmmtw6epddba&foModMMMMaGoMftMdWMLLG $ ZWB&U smiomtbmomffitrmwf mawtm" Exhibit C: Water & Wastewater Facility Abandonment ANn: Mr. Donald C. Toner Jr. SR/WA From Gregory Van Nieuwenhuize, PE Date= March 8, 2011 Subject G!y of North I ichland Hills Water & Wastewater Facility Abandonment Dear Mr. Toner, The City of Noah Richland Hills recommends that portions of the water A wa stevAmw faciities dut are not being renwved according to the plan set be abandoned in place. During the utility adjustrnent the permanent wcated fadities to remain shall be rapped and filled with a minimum of 1D0 psi grout. Abandoned facilities conflicting with roadway constru lion shall be remained by others during the construction and W �. a :. n stages. The facilities to be abandoned consist of three (3) fadities []13,118, 8r 119 . Casnpra m ❑ Ir PVC Pipe appnoounrately 20-25 years old o Currently attvse and in good woorlong condition ❑ Begin_ Nml�1Z84.4i1, E= 2359764.87= End= 14=599054&gUk E Z3W93IA5 ❑ Typical Offset from R 28'; CL= =172' campict Im ❑ 2C cast iron pipe approximaWy40415 yearns did ❑ Currently active and in good working condition ❑ Begin_ N=6990301.80, E=236 End= U=M89740.84, E= 2351446M ❑ Typical offset from: PL= N/A Angled Crossing; Q= WA Angled Crossing COgrwt M ❑ Ar cast iron pipe apprvxiffwMdy4045 years did ❑ Cuhrently active and in good wnrlong condition ❑ Begin: 1 @990340.80, E= 236127196; End: U=6990312.4.1, E= 2366635.55 o Typical a fiset from: PL= 28'; CL = 180' The proposed abandonment is beginning at approxiiinate NTE BL Sta. 927+00 to 1012+40 Axe IH am This abandonment shall not be construed as a change in ownership of the facility. The City of North Richland Hills will be responsible for maintaining abandorrnent facility records, offset from property lines, coordinate ; and the type granny, and sin-- of abandoned material. The Gay of North Richland Fills certifies that this ab andonmerrt of the City's infrastructure does not contain, or is composed of, hazardous or contaminated rnaterials. There ism bacon hazardos material associated with this proposed abandonment. Abe. Gregory Van Nieuwenhu¢e, PE Date Exhibit D: Utility Joint Use Acknowledgement Reimbursable Utility Adjustment --g �. FE nhe. moon Fix a15- 24AadQ15-M% G30-EM mW1C13 UTILITY JOINT USE ACIGKWLEDGEMENT RE>f1BU UTILITYADJUSTMENT Didrict Forth YIN K%tMW.. IH SM Tarrant W HEREA 6 the SWe o T 1G�1. �_ �9 by and Rough the T Q -... y d � T�. :,.. ..(. { • xDC • i to mdm � . . �. 6 , J an gut o � �f �R MghwW, and t MEM FA.% the Cily of NbM Ibdhland Nina, (1lblily propose In adjust or rekx2de cedaih of ds fkAlies, if appicd*, and rr# - We b any popery rim t may hays ark along or acn= and wlhn or over such bwb of fhe highway right of way as Mcaed by the location Wrap atnched hereto" HM, TH FRIEFORF, in .. a of the .. _ . and adam _ .. Ihemn con aped, the parlim nuitBly agree as fdow. It is agreed that joint usage for both h;nwray and uNily purposes will be m_ ade of the area w1hin the Faghway right of way fm� as such area a deemed and b the e�rht ndcalEd an the e . � I plaits on dmk haw Nolhrhg in fhn Adinoun _ t shall same b modify or ectinegh any .. _ .... properly Merest vesled n the hMin UNIV w the above desraned arras_ f the iacilitie shown in the . _ _ --.I parrs need to be altered or mono o new farces conshuckri In ehiher .. ,.. e � the prnpaaed hiyoway i . . _ � � or as part of Uliiys itue proposed changes to Its own f mcMm May agrees b malty Tk00T at lead 30 days prior fmsetos and b funi,h ..�...., plans showing location and type of constudon, unless an 6 - .; shwhon occur and " 6.11;. action is negnied" If an _ snlualion occurs and innnhediaie ad"on is requited, UWAV agrees to malty TusmT ponrhplly" IF such affiwafiory .:. or new oorsbuci"ion is in corid with fie cunwt highway or planned finhre highway nipnxvsnenK or could eldaga the h anpJng pubic to ig said highway. TxDOf shall hays the ngK Bier receipt of such natice b prescnbe sudh mgulatians as ,.. , for fie .. all fie highway bxft and fie bayeig public using said highway Such ieghtaions shall not ehhhwA however, b aeghnng the placement of ffdmWbd ayerhead fines undeigouhd or the routrrg of any Ines outsde d tine area of joint usage above descrbed f UhTilys fadiies are located along a aonboled access highway. WRY agrees that - and egress for see k ft ils Facilies will be lirnhiled b honhage roads where pranbed, rhea W or adacert pubic roads and strums, or fiats along or near fine highway night of vhray Ines %Mc h arty Connect to an " „ , road. Entry may be made to the culler portion of the byway ri,)tt of way Rom any one or all arm poihl. Whom supports, now m or dB app -- . . � d the Idly s des are lorded in rhnedans a _ .. ,, - meal, am I= the 0aough4raft roadways or ramps will be allowed by peen ill: tamed by the Slate to the Utiity sdling bM tlhe DanWhs br pok ft and ofher aNdmis b pi highway users. In an Lr ,.:, Lr sbolion, if the means of access a service ..:. 1:. � as herein provided wit not permit : ` .: . f malls as nequned for the sd* and wdlare of the purloin the Utility shall hays a lemporary right of access to and tom the fhrough -trdic madways and ramps as nhecessay b a000mplish fie nequied repais, provided TzDDT is rioified " :. .: where such nepais are iifraed ad adequate prouaon is.. by ltbfily for the .. _ . _ and saFety d hhkjhway trams Enzo as expwssly provided hheren the Uhlily's nigFhn of access b the thnougti4ndliic roadways arndlor ramps shall be sa Wd b the same mks and Fegulaftm as apply m the general pub U U6ilys iadiies are locahed along a non-co lrdled access FhiO ay, the Uhlitys r Wft of iigress and egress in the fwougfi-iaific madwrays andiior ramps are subject to the same nines and rrmqudafans as apply io the general phi - -�r--q Pailic%milion in actual costs &xmFed by the Utility for any lAme ai*ssbnent removal cir r. oluMily &K� FeqL&ed by hkjhway conskuction shad be inc ... ... . - wilh applicable laws of use Stale of TmcmL K is L . :—,!. . I that Utility oNdmls the new &!M{&&% a4ushnent removal, andfor :. . c .-. at Is own Fisk and #mdTxDCVrnmdms nom.. .. 7"'lor - -Iregarding the ." .-A: -.-"or location ofunties CWHMMY WOM ilS FKJld of Way The Utility and the Nair, by execution of Mis Admm I . do not waive oF Felincpimh any FWd tud trey may have under the law_ The .. !. -" b Vis A. -it warrant tud each has the auUicm* to enter inlD this A. an bel;ff of t h e party , L, L. I IN VnTNKM VIEWREOF the pmbes hereto haws affbod tier sKjrmkme& Chvicr- C afNarlb Rkhbmd Mb ufikyma By- Pfhdod 14mmmm Tific: DakL- The Sbde of Ea wudmd and aFpmmod for the Tozm T. .. - L .' - . - C. L . , far ffic puFFmc and effixt of acfivating an&cw c=Fymg ant the aFdcFk established polities or Fwmgrams hcFck&rc appmued and nmflKffizod by fie Tens T.:.. . , Commission m Donald C- Thuff Jr- SRfWA Tidr- Director - MmhWc PtMccft Ri& of Way Sb-l-& P-4-As Di-is'— Tesaa . L m .. ofT.., .:. r— rrrrrrri r- COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ F_0 GENERAL ITEMS COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 9-2012 Subject Agenda Item No_ F-1 PW 20124MB Approve the Abandonment of a Portion of a Utility Easement Located within the Smithfield Corners Addition (Block 1, Lot 1 R) - Ordinance No. 3194 Presenter Gregory Van Nieuwienhuize, Assistant Public Works Director Summary - The City Council is being asked to approve an Ordinance which abandons a portion of an unneeded Utility Easement and authorizes the City Manager to execute a quitclaim deed on behalf of the City_ General Description The Smithfield Comers Addition, Block 1 is located at the southeast comer of the intersection of Davis Boulevard (FM 1938) and Mid -Cities Boulevard_ Lot 1R of Block 1 is located on the northeast comer of the intersection of Davis Boulevard (FM 1938) and Newman Road _ The replat for Block 1 was recorded in August of 2001 and the necessary infrastructure construction to support all lots within Block 1 was completed shortly thereafter_ Recently, Liberty Bank purchased Lot 1 R of Block 1 of Smithfield Comers for a new branch location _ In order for Lot 1 R to accommodate the proposed layout of the bank, an eidsting Utility Easement is being requested to be abandoned_ This Utility Easement was formerly Lewis Road Right-of-Way _ This ROW had been abandoned (as public Right-of- -Way) and retained as Utility Easement via City Council action (Ordinance No_ 3152) on September 26, 2011 _ The current Utility Easement is only being used by AT &T and they have their own easement which would be unaffected by an abandonment of the Utility Easement_ Liberty Bank has approached all franchise utility companies and City staff to determine if any entity had a facility within this Utility Easement or a need to retain this Utility Easement_ All entities responded that they were in favor of the abandonment of this Utility Easement- Liberty Bank is requesting that this existing Utility Easement be abandoned at this time- Recommendation Approve Ordinance No_ 3194 rem ORDINANCE NO- 3194 AN ORDINANCE ABANDONING A PORTION OF AN UNNEEDED UTILITY EASEMENT LOCATED IN THE CITY OF NORTH RICHLAND HILLS, TEXAS AND AUTHORIZING ITS CONVEYANCE TO THE OWNER OF THE UNDERLYING FEE WHEREAS, in the development of the Smithfield Corners Addition; Block 1, Lot 1R (Cabinet A, Slides 6847 & 6848 of the Plat Records of Tarrant County, Texas) located on the northeast comer of the intersection of Davis Boulevard (FM 1938) and Newman Road, a portion of a Utility Easement (formerly Lewis Road) is no longer required due to the development of this lot and it is proposed that this portion of existing Utility Easement be abandoned and conveyed to the owner of the underlying fee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT a portion of a Utility Easement as depicted on Exhibits A and B hereto, is hereby abandoned SECTION 2. THAT the City Manager is hereby authorized to execute a quitclaim deed on behalf of the City to the owner of the underlying fee_ AND IT IS SO ORDAINED. PASSED AND APPROVED this the 9th day of April, 2012_ CITY OF NORTH RICHLAND HILLS By_ Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary F-1 ;J � :ZOVA I-► k' I Il I XH_► 11" George A_ Staples, City Attorney F-1 ;J � :ZOITA 4 t4I0is] k' 114 k' I a Mike Curtis, P-E_, Managing Director IT 4 A 9 EASEMENT VACATION BEING a 0.162 acre tract of land, and being a portion of Lot 1R, Block 1, Smithfield Comers Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according the plat thereof recorded in Cabinet A, Slide 6847, Plat Records, Tarrant County, Texas, and being a portion of the right of way of Lewis Lane abandoned by City of North Richland Hills Ordinance Number 3152, as recorded in Instrument Number 1211244235, Real Property Records, Tarrant County, Texas, same being retained as a utility easement. The bearings for this description are based on the bearings as they appear in Cabinet A, SIide 6847, Plat Records, Tarrant County, Texas. Said 0.162 acre tract of land being described by metes and bounds as follows; Commencing at a %" iron rod with plastic cap stamped "RPLS 4818" set on the north right of way line of Newman Road, a variable width public right of way at the southeast corner of the said Lot 1 R; THENCE South 89 °52'44" East, along the said north right of way line, a distance of 131.24 Feet to a ' '/ iron rod with plastic cap stamped "RPLS 4818" set at the intersection of the said north right of way line of Newman Road and the east line of the abandoned right of way line of Lewis Lane for the POINT OF BEGINNING; THENCE South 89 °01'56" West, continuing along the said north right of way line and across the abandoned right of way of Lewis Lane, a distance of 12.92 Feet to the cast line of a 15' X 15' utility easement; THENCE Ieaving the said north right of way line and continuing along the east, north and west lines of the said 15' X 15" utility easement the following courses and distances: North 00 °58'04" West, a distance of 15.00 Feet; South 89 °01'56" West, a distance of 15.00 Feet; South 00 °58'04" East, a distance of 15.00 Feet to the said north right of way line of Newman Road; THENCE South 89 °41'56" West, continuing along the said north right of way line, a distance of 22.10 Feet to the west line of the said abandoned right of way of Lewis Road; THENCE North 40 °30'42" East, along the west Iine of the said abandoned right of way of Lewis Road a distance of 146.27 Feet to the north line of the said Lot 1R, Block 1; THENCE North 90 °00'00" East, along the north line of the said Lot 1R, Block 1, a distance of 50.04 Feet to the east line of the said abandoned right of way line; Page I THENCE South 00 °30'42" Vilest, leaving the north line of the said Lot 1R, Block 1, a distance of 145.42 Feet to the POINT OF BEGINNING; and containing a computed area of 0.162 Acres, more or less. Compiled from field ties and record data on March 29, 2012, by Whitfield -Hall Surveyors. A survey exhibit of even survey date accompanies this description, D.L. Williams Regis ered Professional Land Surveyor Texas Registration No. 48] 8 1` JOHNNY A I.. 1VA 41AMB i �1818...� 4' Page 2 w Pi 30 0 30 SCALE 1" -30+ " Id L1 LZ L3 14 LS L6 L7 _Lm 0 © POINT OF REGT 4mr. 112 "CMM 131.24' NEWMAN ROAD Ins>F U a 'A LULE RTDTR P.O.W. .a MOTES. ExmPC'E+ EASFMFNT VACATION HWCITIRS IIAVIS PARTNERS L.P. INST. 9 2USIW 692 D.B.T:CT. LOT 2R ,4 S 9voo'go" E BLOCKI SNUTEaMD CORNERS CAB. A, SLIIt dS47 P.R.T.C.T. r'1 � r' rI I LEGEND 1 COW I,R.SE7 I CONTROLLING MDN. © FOC$ Luma MON ROD M LOT 1R LINE TABLE Bearime DistoRce rl S WN w 145.42' ? ° S 89° w 12.92' N 69 w 1 5.00' d y S 0 W 15.0 w y N"2 S 58 E 15.Oa' � ; I p CI] S ®°01'36" W 22.ml E � w x OG�aa}42 ++ � 146.27' M z N gnaw Tr . F 25'�BUILDIN4 LINE v L THE HEAMGS SEIDWN ON THIS SORVEYARE EASED ONTDE 13 ARNGSASTE $YAPPEARiNCADPWA,SLIDE6147,PLAT RECORDS, TARRANT COMM , TgXAS Z. A METES AM HOUNDS DEI;CRUFMN OF EVEN BATIK ACCOmyANm THIS LxwByr. 03029,2012 WBTrF ELD -HALL SURVEYORS REGISTERED PROW SSIONAL LAND SURVEYORS 3559 WILLIAMS ROAD, WITE 107 FORT R'ORTH , TEXAS 761 It (817) 569-2916 J oup 11 -133 QUITCLAIM DEED Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your drivier's license number. 1 rr 1 tai Grantor- CITY OF NORTH RICHLAND HILLS, Tanant County, Texas Grantor's Mailing Address (including county) P.0. Box 820609 North Richland Hills Tarrant County, Texas 76182 -0609 Grantee Liberty Bank Grantee's Mailing Address (including county): Liberty Bank 850 West Airport Freeway Suite 100 Hurst Tarrant County Texas 76054 -3266 Consideration TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged- Property: All that utility easement, described on Exhibits A and B attached hereto as a Utility Easement to be abandoned, such easement being located in North Richland Hills, Tarrant County, Texas, Reservations from Conveyance: None. Grantor, for the Consideration and subject to the Reservations from Conveyance, quitdaims to Grantee all of Grantor's right, tide, and interest in and to the property, to haw and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever_ Neither Grantor nor Grantor's heirs, executors, administrators, successors, or assigns shall hare, claim, or demand any right or tide to the property or any part of it_ When the context requires, singular nouns and pronouns include the plural_ SIGNED this day of 1 2012 CITY OF NORTH RICHLAND HILLS, TEXAS Mark Hindman, City Manager ACKNOWLEDGMENT STATE OF TEXAS § BEFORE ME, the undersigned authority, on this day, personally appeared Mark Hindman, City Manager of the City of North Richland Hills, a Texas municipality, and acknowledged to me that he executed the same for the purposes and consideration, therein expressed, and in the capacity therein stated as the act and deed of the City of North Richland Hills, Texas_ SUBSCRIBED AND SWORN TO before me, the undersigned authority, on this the day of 7 2012- Notary Public in and for The State of Texas After Recording, please return to: City of North Richland Hills Public Works Deparbnent 7301 N-E_ Loop 820 North Richland Hills, TX 76180 Ex18�IT `A' EASEMENT VACATION BEING a 0.162 acre tract of land, and being a portion of Lot 1R, Block 1, Smithfield Comers Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according the plat thereof recorded in Cabinet A, Slide 6847, Plat Records, Tarrant County, Texas, and being a portion of the right of way of Lewis Lane abandoned by City of North Richland Hills Ordinance Number 3152, as recorded in Instrument Number 1211244235, Real Property Records, Tarrant County, Texas, same being retained as a utility easement. The bearings for this description are based on the bearings as they appear in Cabinet A, SIide 6847, Plat Records, Tarrant County, Texas. Said 0.162 acre tract of land being described by metes and bounds as follows; Commencing at a %" iron rod with plastic cap stamped "RPLS 4818" set on the north right of way line of Newman Road, a variable width public right of way at the southeast corner of the said Lot 1 R; THENCE South 89 °52'44" East, along the said north right of way line. a distance of 131.24 Feet to a ' '/2" iron rod with plastic cap stamped "RPLS 4818" set at the intersection of the said north right of way line of Newman Road and the east line of the abandoned right of way line of Lewis Lane for the POINT OF BEGINNING; THENCE South 89 °01'56" West, continuing along the said north right of way line and across the abandoned right of way of Lewis Lane, a distance of 12.92 Feet to the cast line of a 15' X 15' utility easement; THENCE Ieaving the said north right of way line and continuing along the east, north and west lines of the said 15' X 15' utility easement the following courses and distances: North 00 °58'04" West, a distance of 15.00 Feet; South 89 °01'56" West, a distance of 15.00 Feet; South 00 °58'04" East, a distance of 15.00 Feet to the said north right of way line of Newman Road; THENCE South 89 °41'56" West, continuing along the said north right of way line, a distance of 22.10 Feet to the west line of the said abandoned right of way of Lewis Road; THENCE North 40 °30'42" East, along the west Iine of the said abandoned right of way of Lewis Road a distance of 146.27 Feet to the north line of the said Lot 1R, Block 1; THENCE North 90 °00'00" East, along the north line of the said Lot 1R, Block 1, a distance of 50.04 Feet to the east line of the said abandoned right of way line; Page I THENCE South 00 °30'42" Vilest, leaving the north line of the said Lot 1R, Block 1, a distance of 145.42 Feet to the POINT OF BEGINNING; and containing a computed area of 0.162 Acres, more or less. Compiled from field ties and record data on March 29, 2012, by Whitfield -Hall Surveyors. A survey exhibit of even survey date accompanies this description, D.L. Williams Regis ered Professional Land Surveyor Texas Registration No. 48] 8 ri�, JOHNNY A 1.. WI1.l.fAMB i �1818...� 4' Page 2 N W 6 s k 1 1 I 3� o SCALE 1'! X 7'� �� ■ E!(ml'T'B' EASE141FNT VACATION 34 t I LE GEND 10 COPED [.%R7 I MMUTTIS DAVIS PARTNERS L.P. INST. S209EN692 D.ILT.CT. A LOTIR ,T S 90 °00'44" E 187.61' BLOCK 1 SKTmmD colmpt$ CAB. A, SLE)t 6847 PILT.C.T. L8 CCNTRCLLM atom. F MCE CORMEa LOT 1R DINE TABLE Id Bearing, Distance L1 5 145.0 Lx S 89°41 W 12.92' "' x L3 N 00 0 584W" W 15.44', N 14 5 88°01'56" W 15.44' H L5 8 04 E 15.40' " L6 S 89°41'56 W 22.14' L7 N 009042" E 1462T '~ _Lm N gauvo}nn +l r q 15'BL11LDING LINE - -- __ - - -�_ - - - - - -- E NOTES. 1. THE REARIlMGS SHOWN ON THIS RIIRMAM EASED ON THE ELr1MGS AS TERY APPEAR IN CADINET A, SLIDE 6147, PLAT RECORDS, TARRANT COUNTY, TEXAS 2. A METES AND ROUNDS DESCiRIF rION Or EVEN BATIK ACCOMPAHIM THIS UMIT, POWT Or EI3GINM r. 89°52'44" 1'a IIa 112"CRIS 131.24 112" E NEWMAN ROAD 'ARIABLE WIDTH R.U. 43 -29-An ' FIELD -HALL SURVEYORS REGISTERED PROFESSIONAL LAMB SURVEYORS 3559 WELLUMS ROAD, SUIIT'E 107 FORT WORTH, TEXAS 76116 (817) 569-2916 Joup 11 -133 COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ F_2 GN 2012 -028 FY 2012 Click It or Ticket Mbbilization Program Grant - Resolution No. 2012 -011 Presenter Jimmy Perdue, Public Safety Director Summar►r_ The Texas Department of Transportation (fxDOT) provides grant programs to support the mission of the Click It or Ticket Mobilization Program (CIOT) which is to increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes_ Under the CIOT Enforcement, grant funds provide increased enforcement efforts for occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public infiorrnation and education effort during the Memorial Day Holiday period_ General Description= The Texas Department of Transportation has notified the Police Department that grant funds have been allocated to reimburse law enforcement for overtime hours incurred by the City of North Richland Hills while conducting occupant restraint use enforcement under the FY 2012 Texas Traffic Safety Program_ To receive the grant funds, the Texas Department of Transportation has required the City of North Richland Hills enter into a grant agreement with the Texas Department of Transportation _ The City of North Richland Hills agrees to fund overtime for additional enforcement targeting occupant restraint use during the Memorial Day Holiday period_ The Police Department will seek reimbursement at the conclusion of the grant period from the Texas Department of Transportation for overtime costs incurred during the grant period _ The maximum amount of the grant is $6,000, and there are no matching funds required by the City_ The Grant becomes effective on May 21, 2012, or on the date of final signature of both parties, whichever is later, and ends on June 30, 2012, unless terminated or otherwise modified_ The enforcement period of the grant is May 21, 2012 through June 3,2012- The attached resolution will authorize application for the grant and appoint the City Manager as the agent to act for the City relative to the grant Recommendation Approve Resolution No_ 2012 -011 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the 2012 Click It or Ticket (CIOT) Mobilization Program Grant and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills to provide for additional enforcement hours for occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during the Memorial Day Holiday period _ WHEREAS, The City Council of North Richland Hills finds that this violation of the law unquestionably causes our citizens injury and property damage_ WHEREAS, The City Council of North Richland Hills agrees to fund overtime hours to provide for this additional enforcement during fiscal year 2012, in anticipation of reimbursement from the Texas Department of Transportation as set forth in the Grant Agreement_ WHEREAS, The City Council of North Richland Hills designates City Manager Mark Hindman as the grantee's authorized official_ The authorized official is given the power to apply for, accept, rejec, alter or terminate the grant on behalf of the applicant agency_ NOW THEREFORE BE IT RESOLOVED, that the City Council of North Richland Hills approves submission of the grant for the 2012 CIOT Mobilization program_ PASSED AND APPROVED this the 9th day of April, 2012_ In [ �3��'[ �A�:Cf]:i�:l:�[N:11_►;Irl:lll�y Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A Staples, City Attamey l,► ;J� :ZOITA 4 t4I01* k' I 14 k' 110 Jimmy Perdue, Director of Public Safety COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ F_3 GN 2012 -029 Authorize City Manager to execute Earnest Money Contract for Sale of Property to Cool Rimer Holdings Presenter Craig Hulse, Director of Economic Development Summar►r_ Council is being asked to consider authorizing the City Manager to execute a contract to sell 1.04 acres across Blk 25 Lot 2A and Lot 1 R, Snow Heights Subdivision to Cool River Holdings, L_L_C_ General Description= The North Tarrant Express, a project that will double the lane capacity along IH Loop 820 by 2015, is forcing the City of North Richland Hills to make long term facility decisions_ The increase in lane capacity has resulted in a loss of parking and accessibility to the current Parks Administration and Municipal Court facility_ Understanding the necessity to relocate these City services, the opportunity now exists to sell portions of this City property to private commercial uses that coincide with the Council goals of `Targeted Economic Development' and `Quality Community Development & Revitalization'_ This item is for the sale of a western portion of the property that is currently vacant and does not include the buildings where Parks Administration and Municipal Court continue to operate_ In accordance with Section 272.001 of the Texas Local Government Code that requires the City to publish notice to the general public of the offer of land for sale, Cool River Holdings L_L_C_ submitted the only bid in the amount of $800,000 for the 1.04 acres- Recommendation Authorize the City Manager to Execute a Contract to sell 1.04 acres within Blk 25 Lot 2A and Lot 1 R, Snow Heights Subdivision to Cool River Holdings, L_L_C_ in the amount of $800,000_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ F_4 GN 20124330 Authorize City Manager to Execute Earnest Money Contract for Sale of Property to Gridiron Capital, LLC Presenter Craig Hulse, Director of Economic Development Summar►r_ Council is being asked to consider authorizing the City Manager to execute a contract to sell 1.17 aaES within Blk 25 Lot 2A, Snow Heights Subdivision to Gridiron Capital, L_L_C_ General Description= The North Tarrant Express, a project that will double the lane capacity along IH Loop 820 by 2015, is forcing the City of North Richland Hills to make long term facility decisions_ The increase in lane capacity has resulted in a loss of parking and accessibility to the current Parks Administration and Municipal Court facility_ Understanding the necessity to relocate these City services, the opportunity now exists to sell portions of this City property to prn►ate commercial uses that coincide with the Council goals of `Targeted Economic Development' and `Quality Community Development & Revitalization'_ This item is for the sale of a western portion of the property that is currently vacant and does not include the buildings where Parks Administration and Municipal Court continue to operate_ In accordance with Section 272.001 of the Texas Local GovernnuNd Code that requires the City to publish notice to the general public of the offer of land for sale, Gridiron Capital L_L_C_ submitted the only bid in the amount of $530,000 for the 1.17 acres- The sale to Gridiron Capital L_L_C_ is contingent upon the development of an In N Out Burger restaurant_ Recommendation - Authorize the City Manager to Execute a Contract to sell 1.17 awes within Blk 25 Lot 2A, Snow Heights Subdivision to Gridiron Capital, L_L_C_ in the amount of $530,000_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ G-0 EXECUTIVE SESSION ITEMS COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ G-1 Action on Any Hmm discussed in Executive Session Listed on Work Session Agenda COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject_ Agenda Item No_ HA INFORMATION AND REPORTS COUNCIL MEMORANDUM From The Office of the City Manager Date 4- 9-2012 Subject_ Agenda Item No_ H_1 Announcements - Councilman Welch Presenter Councilman Tim Welch Announcements The City of North Richland Hills is holding Town Hall Meetings throughout the community to inform voters about the May 12th bond election_ upcoming meeting times and locations are shown on the screen_ These meetings are open to all interested residents_ For more information, please call 817 -427 -6003 or visit the city's website at www_nrhtx_com_ On Saturday, April 14th residents can get rid of unwanted bulky items during the annual Spring Community Cleanup_ Items can be dropped off from 9 a-m_ to noon at the Tarrant County College Northeast Campus in Parking Lot E_1 by the tennis courts_ Proof of residency must be presented_ For more details, please call 817 -427-6663_ Join Mayor Trevino on a path to better health by participating in his 5k Walk on Saturday, April 21st_ The Mayor's Fun Walk will begin at 9 - 00 a-m_ at the new NRH Centre and is free for all ages_ For more information, please contact the Parkes & Recreation Department at 817 -427-6620_ Kudos Kamer Every Council Afeehng, we spotlight our employees for fhe great things they do_ Tonight we recognize: Caroline Waggoner, Scott Walker and Danny King, Public Works Department — A resident sent a letter expressing thanks for the help that Caroline, Scott and Danny provided after a street contractor damaged his property_ These employees expressed genuine concern for the citizens of NRH and their efforts went way beyond what he expected_ They are great representatives for the city and should be recognized with a special thank you, the resident said_ COUNCIL MEMORANDUM From The Office of the City Manager Date 4 -9-2012 Subject Agenda Item No_ 112 Adjournment