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CC 2013-02-11 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, February 11, 2013 6:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss Rescheduling March 11, 2013 City Council Meeting (5 Minutes) A.2 Discuss Amendment to Chapter 104 Gas Drilling and Production Regulations to create new annual fees 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 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, T as in compliance with Chapter 551, Texas Government Code on February 8, 2013 at p.m. m , C a , & aco ist nt City ecretary 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. City Council Agenda — February 11, 2013 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 11, 2013 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Lombard A.2 Pledge - Mayor Pro Tern Lombard A.3 Special Presentation(s) and Recognition(s) No items for this category. AA 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. City Council Agenda — February 11, 2013 Page 2 of 4 • J B.1 Approval of Minutes of January 28, 2013 City Council Meeting B.2 PW 2013 -003 Approve a Utility Assembly (820 -U- 0508 -0003) for the City's Utility Relocations as Part of the North Tarrant Express Project B.3 GN 2013 -010 Award Bid 13 -008 for the Purchase of Light Duty Vehicles to Multiple Vendors for the Total Amount of $155,525 B.4 GN 2013 -008 Approve Purchase of two Police Department Tahoes from Reliable Chevrolet in the Amount of $71,438.64 B.5 GN 2013 -007 Approve Resolution to participate in TexasTERM investment pool & Approve Resolution to Authorize Investment Officers - Resolution No. 2013 -005 and Resolution No. 2013 -007 B.6 GN 2013 -012 Authorize Payment to Physio - Control, Inc. in the amount of $111,127.55 for the necessary replacement of (3) Lifepak 12 defibrillators to (3) Lifepak 15 defibrillators. B.7 GN 2013 -013 Authorize Payment to the City of Fort Worth in the amount of $73,152.00 for the annual radio system services infrastructure. C.0 PUBLIC HEARINGS C.1 ZC 2012 -15 Public Hearing and Consideration of a request from Trinity Partners for a Zoning Change from AG Agricultural and C -2 Commercial to CS Community Services on Tracts 10F, 11 D and 11 D1 of the T. Peck Survey (A -1209) and Lot 1R, Block 1, D.J. Anderson Addition located at 8525, 8533 and 8601 Davis Boulevard. - Ordinance No. 3238 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No Items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2013 -009 Award Bid # 13 -006 for Concrete Revitalization at NRH2O to C.C. Zamora Construction, LLC in the Amount of $84,016. F.2 GN 2013 -011 Authorize Contract with Centerline Supply Company for Construction and Installation of Wayfinding Signage G.0 EXECUTIVE SESSION ITEMS City Council Agenda —February 11, 2013 Page 3 of 4 G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on February 8, 2013 at 3'-2� p.m. sis nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda —February 11, 2013 Page 4 of 4 CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 11, 2013 6:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss Rescheduling March 11, 2013 City Council Meeting (5 Minutes) A.2 Discuss Amendment to Chapter 104 Gas Drilling and Production Regulations to create new annual fees 8.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code C.0 Adjournment Certification I do hereby certify that the above notice of greeting 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 February 8, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551!, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 11, 2013 7:04 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tern Lombard A.2 Pledge -'Mayor Pro Tern Lombard A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open (Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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 January 28, 2013 City Council Meeting B.2 PW 2013 -003 Approve a Utility Assembly (820 -U- 0508 -0003) for the City's Utility Relocations as Part of the North Tarrant Express Project B.3 GN 2013 -010 Award Bid 13 -008 for the Purchase of Light Duty Vehicles to Multiple Vendors for the Total Amount of $155,525 B.4 GN 2013 -008 Approve Purchase of two Police Department Tahoes from Reliable Chevrolet in the Amount of $71,438.84 B.5 GN 2013 -007 Approve Resolution to participate in TexasTERM investment pool &r Approve Resolution to Authorize Investment Officers - Resolution No. 2013 -005 and Resolution No. 2013 -007 B.6 GN 2013 -012 Authorize Payment to Physio - Control, Inc. in the amount of $111,127.55 for the necessary replacement of (3) Lifepak 12 defibrillators to (3) Lifepak 15 defibrillators. B.7 GN 2013 -013 Authorize Payment to the City of Fort Worth in the amount of $73,152.00 for the annual radio system services infrastructure. C.0 PUBLIC HEARINGS C.1 ZC 2012 -15 Public Hearing and Consideration of a request from Trinity Partners for a Zoning Change from AG Agricultural and C -2 Commercial to CS Community Services on Tracts 101F, 11 D and 11 D1 of the T. Peck Survey (A -1209) and Lot 1R, Block 1, D.J. Anderson Addition located at 8525, 8533 and 8801 Davis Boulevard. - Ordinance No. 3238 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No Items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2013 -009 Award Bid # 13 -006 for Concrete Revitalization at NRH20 to C.C. Zamora Construction, 'LLC in the Amount of $84,016. F.2 GN 2013 -011 Authorize Contract with Centerline Supply Company for Construction and Installation of Wayfinding Signage 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 Turnage H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on February 8, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State 'Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City 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, February 11, 2013 6:30 P.M. A.0 Discuss Items from Regular Citv Council Meeting A.1 Discuss Reschedulona March 11, 2013 Citv Council Meetina (5 Minutes) A.2 Discuss Amendment to Chapter 104 Gas Drillina and Production Reaulations to create new annual fees 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 C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. A.0 Discuss Items from Regular City Council Meeting M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. A.1 Discuss Rescheduling March 11, 2013 City Council Meeting (5 Minutes) Presenter: Patricia Hutson, City Secretary Summarv: Council needs to consider rescheduling the March 11, 2013 Council meeting due to a conflict. General Description: Several Council members will not be in the City for the March 11 City Council meeting. This item has been placed on the work session agenda for Council to reach a consensus on whether to reschedule or cancel the meeting. Should Council want to reschedule the meeting, Staff recommends that Council consider rescheduling the meeting to Monday, March 4. After a consensus has been reached, Staff will place an item on the next agenda to take formal action on the scheduling of the meeting. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. A.2 Discuss Amendment to Chapter 104 Gas Drilling and Production Regulations to create new annual fees Presenter: Stan Tinney, Fire Chief Summarv: Staff is bringing forward a proposed change to annual fees related to ongoing inspections of gas well sites in an effort to be in line with area cities and to provide for adequate response to inquiries and to provide general oversight of gas well operations within the city. Current annual fees of $2,000 per pad site are being recommended to increase to $15,000 per pad site per year. General Description: North Richland Hills currently has 7 operating gas well pad sites and 54 gas wells with 2 new pad sites recently being approved. Soon we will have 58 gas wells operating on 9 different sites. Ongoing operations include upkeep of a required masonry wall with adjacent landscaping. Gas operators are responsible for maintaining each gas pad site. Once production is underway the primary activities include the hauling of waste water from the site with truck tankers. All on sight inspections and response to inquiries is made by the Fire Marshal's Office. Current annual fees are not adequate to provide personnel for this important activity. The Fire Marshal's Office responds to numerous inquiries and also works closely with Chesapeake Energy, the city's only gas well operator. The new fees will provide approximately $135,000 annually. Please see attached survey of area cities. The new proposed annual fees are in the range of the cities of Arlington, Mansfield and Grand Prairie and will provide appropriate revenues to support ongoing gas well operations and be able to provide quick response to citizens and the high standards that the city continues to support. These fees will allow for the addition of one position within the Fire Marshal's Office and the associated equipment for this position. If additional resources are not added the increased workload related to gas well inspection will divert resources from established Fire Marshal duties such as commercial building plan review and inspections. Chesapeake representatives have been notified. Barnett Shale Area Gas Drilling & Production Permit Fees IIIRH current $10,000 $2,000 /pad 54/7 pads $ 259 $ 14,000 NRH proposed$10,000 $15,000 /pad 58/9 pads $2,327 $ 135,000 *Annual fees provide revenues to support ongoing gas inspections, response to complaints and general oversight of gas well Operations within the city Gas Drilliniz fee Annual fee Total well permits Equivalent annual fees /well Total annual fees* Fort Worth $3,000- $5,000 $600 /well 2,017 $ 600 $1,210,200 Arlington $14,500 $2,000 /well 257/56 pads $2,000 $ 514,000 Burleson $5,000+ road damage fees $5,000 /pad 229/58 pads $1,266 $ 290,000 Grand Prairie $10,000 $2,000 /pad& 192/50 pads $3,270 $ 628,000 $2,750 /well Mansfield $12,000 $2,250/well 200 $2,250 $ 450,000 Benbrook $ 6,500 $ 750 /well 47/7 pads $ 750 $ 35,250 IIIRH current $10,000 $2,000 /pad 54/7 pads $ 259 $ 14,000 NRH proposed$10,000 $15,000 /pad 58/9 pads $2,327 $ 135,000 *Annual fees provide revenues to support ongoing gas inspections, response to complaints and general oversight of gas well Operations within the city M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. 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 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. C.a Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 75180 Monday, February 11, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Mavor Pro Tern Lombard A.2 Pledae - Mavor Pro Tern Lombard A.3 Snecial Presentation(s) and Recoanition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Aaenda 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 January 28, 2013 Citv Council Meetina B.2 PW 2013 -003 Approve a Utilitv Assemblv (820 -U- 0508 -0003) for the City 's Utilitv Relocations as Part of the North Tarrant Express Proiect B.3 GN 2013 -010 Award Bid 13 -008 for the Purchase of Liaht Dutv Vehicles to Multinle Vendors for the Total Amount of $155,525 B.4 GN 2013 -008 Approve Purchase of two Police Department Tahoes from Reliable Chevrolet in the Amount of $71,438.54 B.5 GN 2013 -007 Approve Resolution to participate in TexasTERM investment pool & Approve Resolution to Authorize Investment Officers - Resolution No. 2013- 005 and Resolution No. 2013 -007 B.6 GN 2013 -012 Authorize Pavment to Phvsio - Control, Inc. in the amount of $111,127.55 for the necessary replacement of (3) Lifepak 12 defibrillators to (3) Lifepak 15 defibrillators. B.7 GN 2013 -013 Authorize Pavment to the City of Fort Worth in the amount of $73,152.00 for the annual radio system services infrastructure. C.0 PUBLIC HEARINGS C.1 ZC 2012 -15 Public Hearina and Consideration of a request from Trinitv Partners for a Zoninq Chanqe from AG Aqricultural and C -2 Commercial to CS Communitv Services on Tracts 1 OF, 11 D and 11 D1 of the T. Peck Survev (A -1209) and Lot 1 R, Block 1, D.J. Anderson Addition located at 8525, 8533 and 8601 Davis Boulevard. - Ordinance No. 3238 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No Items for this category. E.0 PUBLIC WORKS No items for this category. wl =e12110 1:11:7,:1019:111 LTA 6 F.1 GN 2013 -009 Award Bid # 13 -006 for Concrete Revitalization at NRH20 to C.C. Zamora Construction, LLC in the Amount of $84,016. F.2 GN 2013 -011 Authorize Contract with Centerline Supply Companv for Construction and Installation of Wavfindina Sianaae G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda : KIM 101 go] V&F. "II Eel ►1_hl0l. » go] :i& H.1 Announcements - Councilman Turnaae H.2 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. A.1 Invocation - Mayor Pro Tem Lombard M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. A.2 Pledge - Mayor Pro Tem Lombard M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items Fisted 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. B.1 Approval of Minutes of January 28, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the January 28, 2013 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 — JANUARY 28, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28 day of January 2013 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tom Lombard Mayor Pro Tern, Council, Place 3 Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Scott Turnage Council, Place B Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Kristin James Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Jerry Lewandowski Purchasing Manager Gregory VanNieuwenhuize City Engineer Stacey Udoni Public Works Management Assistant Debbie York Neighborhood Services Assistant Director Thomas Powell Fleet Services Director Mike Hamlin Assistant Police Chief Don Wertzberger Project Manager Joe Pack Parks & Recreation Capital Projects Supt. Bill Thornton Parks & Recreation Assistant Director Craig Hulse Economic Development Director Amy Stephens Accounting Technician Stan Tinney Fire Chief Absent: Tim Barth Council, Place 4 Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from the Council. Agenda Item F.2, GN 2013 -005 - Patricia Hutson, City Secretary, advised the Council that the resolution calling the Council election had been revised earlier in the day to reflect some revisions made by Tarrant County to voting precincts. Council was advised of the changes and provided with an updated copy of the resolution. A.1 Police Department 2012 Annual Report Jimmy Perdue, Director of Public Safety, presented a PowerPoint presentation highlighting the Police Department's 2012 Annual Report. Council was advised there was a 14.2 percent overall reduction in Part 1 crimes in 2012. Chief Perdue highlighted the accomplishments of the department in 2012. He also highlighted the activities of the Volunteers in Police Service and advised in 2012 they were named the number one policy volunteer agency in Texas. There were no questions from the Council. A.2 Adventure World Playground Renovation Conceptual Plan Review Bill Thornton, Assistant Parks & Recreation Director, presented a PowerPoint presentation of the conceptual plans for the Adventure World Playground renovation project. Dunaway and Associates and Shane's Inspiration worked together to develop the conceptual plans after receiving public input at North Ridge Elementary, student input at Green Valley and North Ridge Elementary schools, and input from the Youth Advisory Committee and the Park and Recreation Board. Three concept plans were presented. Concept A is a "Tree Adventure" theme containing concept designs for a tree house play structure, tree branch swing area, tree adventures f climbing, playful shade structures, and woodland excursion. The plan respects the existing playground pods. Concept B is a'Wildlife and Me" theme containing concept designs for a central "habitat" play zone wildlife themed elements, "Critter" swings area, "Creature" sounds, playful shade structures, interactive "dry" creek bed, and woodland excursion. The plan combines the playground pod areas into one large area. The third plan is a consensus concept plan that incorporates all the input, blends the two themes, respects the existing playground areas and allows for future expansion. Mr. Thornton reviewed the budgetary allowances for the proposed components and the available funding. The estimated cost of the project with all the components is $510,000 and available funding is $496,421. Council was asked if they concurred with the proposed concept of blending the "Treehouse" and "Wildlife" themes and given the anticipated costs for the project, did they have an order of priority related to the estimated budget of each development area. Council concurred with the consensus concept plan and after discussion and questions agreed that if funding was not available the lower priority items would be the Ian dscapelbermslirrigation and thematic elements to the swings. A.3 Presentation of Namina Board Recommendation for Street Names Councilman Turnage, Naming Board Chair, advised the Board met to consider names for the road leading to the new municipal complex as well as names for the complex. The Board agreed to recommend the following names for consideration for the road: Civic Place Boulevard, Civic Boulevard, and Plaza Parkway. The Board agreed to recommend that the new municipal complex be named North Richland Hills Civic Complex. Chief Perdue presented a PowerPoint presentation showing how the different segments of the road would be linked to create a seamless linkage that will run throughout the project and connect the adjacent parcels. Recommendations are to: • Extend the new roadway name to Loop 820 thereby renaming "Road to the Mall ". • The new roadway name will extend south from Boulevard 26 to the plaza (traffic circle) and continue along the eastern leg towards Cagle. • Rename Cagle to the new roadway name from its current terminating point south to Glenview. • The portion of the new road that runs south from the traffic circle will bear the name of the primary road with the "West' designator. These changes will create a single roadway that will run from Loop 820 to Glenview Drive. After discussion, Council consensus was to look to other sources for additional input on naming recommendations for both the street name and complex name. B.0 EXECUTIVE SESSION - The City 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 Government Code to consult with citv's attornev to seek advice about rrendina or contemplated litiaation: or a settlement offer: or on a matter in which the dutv of the attornev to the aovernina bodv under the Texas Discir)linary Rules of Professional Conduct of the State 'Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code Mayor Trevino announced at 6:35 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following section: Section 551.071 to consult with city's attorney to seek advice about pending or contemplated litigation; or a on a matter in which the duty of the attorney to the city council under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. C.0 Adiournment Mayor Trevino announced at 6:42 p.m. that the Council would adjourn to the regular Council meeting. N*Cie]W- 1 ;V16111►N101i1==1II►IL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 28, 2012 at 7:00 p.m. I:ta] I IK*1 -A1 I I Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 5 Council, Place 6 Council, Place 7 City (Manager Assistant. City Manager Assistant. City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Absent: Tim Barth Council, Place 4 A.1 INVOCATION Councilwoman Wright Oujesky gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Wright Oujesky led the pledge of allegiance. Mayor Pro Tem Lombard recognized Brad Symank, Boy Scout Troop 905 who is working on his citizenship badge. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) 2412 UNITED WAY CAMPAIGN PRESENTATION Debbie Nix, United Way Committee Chair, advised this year's United Way campaign goal was $37,000 and the employees raised a total of $38,460 during the campaign. Ms. Nix recognized the employee committee members. Councilman Turnage and Ms. Nix presented a check from the City's campaign to Cory Henderson, United Way representative. A.4 CITIZENS PRESENTATION 0N= A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA kN= 13.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY 14, 2013 CITY COUNCIL MEETING B.2 PU 2013 -005 AUTHORIZE THE PURCHASE OF TURF EQUIPMENT FOR THE IRON HORSE GOLF COURSE IN THE AMOUNT OF $67,512.40 B.3 PU 2013 -006 AWARD BID NO. 13 -007 FOR POLICE MOTORCYCLES IN THE AMOUNT OF $53,244 TO AMERICAN EAGLE HARLEY- DAVIDSON B.4 PU 2013 -004 CONTRACT EXTENSION WITH ADPI- INTERMEDIX FOR THE BILLING AND COLLECTION OF EMS B.5 GN 2013 -006 APPROVE GRANT FUNDED 2013 ATMOS WEATHERIZATION PROGRAM — RESOLUTION NO. 2013 -006 MAYOR PRO TEM LOMBARD MOVED TD APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS No items for this category D.0 PLANNING & DEVELOPMENT D.1 RP 2012 -12 CONSIDERATION OF A REQUEST FROM RJR, LLC FOR A REPLAT TO CREATE LOTS 4R & 5R, BLOCK 1, PRECINCT LINE OFFICE PARK ON 1.01 ACRES AT 6513 & 6601 PRECINCT LINE RD. APPROVED Mr. Roman Figueroa, applicant, presented his request for a replat of 1.01 acres in the Precinct Line Office Park. The replat enlarges Lot 5R by incorporating part of Lot 4R. This will provide nine additional parking stalls to serve Lot 5R. John Ptstick, Director of Planning & Development, presented staff's report and the recommendations of the Planning & Zoning Commission and Staff. The Planning & Zoning Commission recommended approval by a vote of 6 -0 on January 17, 2013. The replat meets all requirements of the Zoning and Subdivisions Codes and Section 212 of the Local Government Code and is recommended for approval by Staff. COUNCILMAN RODRIGUEZ MOVED TO APPROVE RP 2412 -12. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -4. D.2 RP 2412 -11 CONSIDERATION OF A REQUEST FROM NEXION HEALTH AT NORTH RICHLAND HILLS, INC. FOR A REPLAT TO CREATE LOTS 5111 & 6R1, BLOCK 7, RICHFIELD ADDITION ON 6.166 ACRES AT 6854 RUFE SNOW DR. APPROVED Mr. Randy Eardley, representing Nexion Health, presented a request for replat of Green Valley Nursing and Rehab at 6850 Rufe Snow. The purpose of the replat is to expand the dot size to the south to provide additional parking for the assisting living center. Green Valley Nursing and Rehab has been using the grass area to the south for overflow parking. The owners have worked to acquire a strip of land to the south for parking. The replat will shift the lot line to the south to accommodate pavement for additional parking spaces. Mr. John Pitstick, Director of Planning and Development, presented staff's report and the recommendations of the Planning and Zoning Commission and Staff. The Planning and Zoning Commission recommended approval on January 17, 2013 by a vote of 6 -0. Staff also recommends approval. COUNCILMAN WELCH MOVED TO APPROVE RP 2012 -11. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -4. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2013 -004 APPROVE INVESTMENT STRATEGY AND INVESTMENT POLICY - RESOLUTION NO. 2013 -003 APPROVED Mr. Larry Koonce, Director of Finance, presented the item. The Public Funds Investment Act (PFIA) requires the City Council to review and adopt the City's Investment Strategy and Investment Policy annually. City Staff and the City's investment advisor, PFM Asset Management, reviewed the City's Investment Policy and Investment Strategy to ensure the policy follows the guidelines of the 'PFIA. Upon staff review and advice from 'PFM several revisions are recommended to the City's policy. The City's Investment Committee is recommending adoption of the revised Investment Strategy and Investment Policy. COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION NO. 2013 -003, APPROVING THE INVESTMENT STRATEGY AND INVESTMENT POLICY FOR NORTH RICHLAND HILLS. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -4. F.2 GN 2013 -005 CALLING MAY 11, 2413 CITY COUNCIL ELECTION AND AUTHORIZING A JOINT ELECTION AGREEMENT WITH OTHER TARRANT COUNTY POLITICAL SUBDIVISIONS AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY - RESOLUTION NO. 2413 -044 APPROVED Ms. Patricia Hutson, City Secretary, presented the item. Council is being requested to approve a resolution that will order the City's election for May 11, 2013 and to authorize the city to hold the election jointly with other entities in Tarrant County conducting an election, to contract with Tarrant County to administer the joint election and to establish voting locations. The election will be to elect individuals to the offices of Council Places 1, 3, 5 and 7. Staff is recommending some changes to the city's voting locations because of the impact the North Tarrant Express project has had to city facilities. For Election Day voting, it is proposed to move the precincts that have been voting at City Hall to the North Richland Hills Library Community Room, 9015 Grand Avenue. The precincts that have voted at the Bursey Road Senior Center will continue to vote at that location with the exception of Precinct 3177. The voters in Precinct 3177 are being moved to the Library Community Room because of the precinct's close proximity to that voting location. Dan Echols Senior Center will continue to serve as an Election Day polling location for the precincts that have voted there. For early voting, Staff is recommending that Dan Echols serve as the City's early voting location instead of the former Recreation Center. During the work session meeting, Council was provided with a revised resolution that reflected some changes made by Tarrant County Elections to the City's voting precincts. The changes included the addition of three precincts (Precincts 3582, 3583 & 3325 with no North Richland Hills voters but precincts include city territory) and removal of two precincts (precincts 3665 and 4620 contain no city territory). COUNCILMAN TURNAGE MOVED To APPROVE RESOLUTION NO. 2013 -004. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. GA EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Welch made the fallowing announcements. Join us for the annual Daddy Daughter Dance on Saturday, February 2, 2013 for an evening of dancing, light refreshments, photographs, and more. The dance will be held in the Grand Hall at NRH Centre, 6000 Hawk Ave, with a live DJ. The cost is $15 per person. Tickets are on sale at the NRH Centre. For more details, please call 817 -427- 0000. Volunteers from AARP will be at the North Richland Hills Public Library each Monday and Thursday from February 4th through April 15th to assist people with their tax returns. Taxpayers of all ages are eligible for this free service. Appointments are required. To make an appointment or get more information, please call the Library at 817- 427 -6814. Learn CPR and save a life! The NRH Fire Department conducts CPR classes each month for the community. Classes are American Heart Association approved and each participant receives a book and course completion card. The next class is being held Saturday, February Stn in the Training Room at NRH Fire Administration. For more information please call 817 -427 -6901. Kudos Korner — Glynn Miller from the Public Works Department. A resident recently called and said that when he got home his dog had gotten out and that shortly thereafter, his 5 year old son left the house to look for the dog. A short time later Glynn, who was working on a project in the area, brought back both the child and the dog to the residence, using his belt as a leash so that the dog could not run away. The resident was very appreciative of Glynn for bringing both his child and dog home safely. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:26 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. B.2 PW 2413 -003 Approve a Utility Assembly (820 -U- 0508 - 0003) for the City's Utility Relocations as Part of the North Tarrant Express Project Presenter: Gregory Van Nieuwenhuize, City Engineer Summarv: Council is being asked to approve the necessary documents authorizing Bluebonnet Contractors, the construction arm of North Tarrant Express Mobility Partners, who is 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. The relocation of approximately 320 lineal feet of sanitary sewer infrastructure on the south side of Loop 820 and immediately west of Holiday Lane will be performed as a part of the road project at no cost to the City. Construction of approximately 440 lineal feet of 12" diameter water main across Loop 820 immediately east of the Iron Horse /Meadow Lakes Bridge will be performed at a cost of $424,875 because it is a line that is currently not in place and therefore considered a "betterment ". The addition of this water main onto the City's water distribution system is a part of the water system master plan. Installation of this line will be considerably less expensive if done at this time by the roadway contractor. General Descriction: 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 1211SH 183 interchange and to design and reconstruct SH 1211SIH 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 turned over the construction portion (both the utility relocation and pavement reconstruction) of the project to their construction arm, Bluebonnet Contractors (BBC). BBC has indicated that presently utility relocations are approximately 80% complete within the Loop 820 section, E0% complete within the SH 121/SH 183 section and that the overall roadway construction is 45% complete. BBC has stated that they remain on course to complete the project in June of 2015. 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 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 Project, the City's utilities are relocated at fifty percent (50 %) of the cost of such relocation. Here again, the costs of any betterments in this section are also the sole responsibility of the City. As Council is aware, BBC is working throughout the entire NTE corridor (1 -35W interchange to Murphy Drive/Westpark Way), and to date NRH has approved four (4) Utility Assemblies (UA): • a UA for water and sanitary sewer in the SH 121/SH 183 corridor • 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 corridor • a UA for the relocation and up- sizing (betterment) of sanitary sewer in the Loop 820 corridor The UA (820 -U -0508 -0003) before the Council includes both sanitary sewer and water infrastructure construction within the Loop 820 section of the project. BBC is requesting that they be approved to relocate approximately 320 lineal feet of sanitary sewer infrastructure on the south side of Loop 820 and immediately west of Holiday Lane. As this area is on the federal highway section of the project and does not need to be up- sized, the City will not be responsible for any of the construction- related costs for this relocation effort. Additionally, this UA also includes the construction of approximately 440 lineal feet of 12" diameter water main across Loop 820 immediately east of the Iron Horse /Meadow Lakes Bridge. This water main is being constructed to meet the needs identified in the City's "Water and Wastewater Master Plan ". This water main will help provide service to the Iron Horse Transit Oriented Development area as well as provide redundancy for the entire City. Presently, BBC is requesting that the City approve the necessary documents in order for them to relocate the City's utility infrastructure identified in UA 820 -U -0508 -0003 within the Loop 820 corridor. These documents include: • Utility Adjustment Agreement Amendment (Amendment No. 3 to Agreement No.: 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 Attorney. • 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 utility infrastructure and the relocation of the City's sanitary sewer utility infrastructure. • Property Affidavit for Agreement No. 820 -U- 508 -0003 - This document indicates that the City of North Richland Hills states that it has the right to have a sanitary sewer facility in a public utility easement. - This document has been reviewed and approved by the City Attorney. • Utility Joint Use Acknowledgement Reimbursable Utility Adjustment - This document allows the relocated utilities to exist within TxDCT's 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 Attorney. These documents comprise the majority of the "Utility Assembly (820 -U- 0508 - 0003)" instrument. As stated above, the City's sanitary sewer infrastructure that is incorporated in this UA will be relocated at no cost to the City. However, the design, construction, testing, etc. of the 12" diameter water main east of the Iron Horse /Meadow Lakes Bridge is considered a betterment. The estimated cost for this betterment is $424,875. After this water main is constructed and final costs known, BBC will invoice the City for the actual costs. The actual costs are not expected to be greatly different than the indicated $424,875. There is sufficient funding to cover the betterment for the water main portion of this UA from Project No. UT1208, Water Main (Loop 820 Crossings), in the current Capital Projects Budget. Recommendation: Approve Utility Assembly (820 -U- 0508 -0003) for the City's Utility Relocations as Part of the North Tarrant Express Project. Enclosures: • Exhibit A • Exhibit B • Exhibit C • Exhibit D Utility Adjustment Agreement Amendment (Amendment No. 3 to Agreement No.: 820 -U -0508) Cost Estimate for Utility Assembly (820 -U- 0508 -0003) Property Affidavit for Agreement No. 820 -U- 508 -0003 Utility Joint Use Acknowledgement Reimbursable Utility Adjustment Exhibit A: Utility Adjustment Agreement Amendment (Amendment No. 3 to Agreement No.: 820 -U -0508) County: Tarrant Highway: NTE (NE Loop 820) Limits: NTE (Loop 820) from SWRR (DART) to SH183 /SH121 Interchange Fed. Prej. No.: NIA ROW CSJ No.: 0008 -14 -093 Const. CSJ No.: 0008 -14 -058 UTILITY ADJUSTMENT AGREEMENT AMENDMENT (Developer Managed) (Amendment No. 03 to Agreement No.: 820 -U- 0508) THIS AMENDMENT TO MASTER UTILITY ADJUSTMENT AGREEMENT (this "Amendment ''), by and between NTE Mobility Partners LLC, hereinafter identified as the "Developer ", Bluebonnet Contractors. LLC, hereinafter identified as the "Design -Build Contractor" and City of North Richland Hills, hereinafter identified as the "Owner ", is as follows: WITNESSETH WHEREAS, the STATE of TEXAS, acting by and through the Texas Department of Transportation, hereinafter identified as "TxDOT ", proposes to construct the turnpike project identified above (the "Facility", as more particularly described in the "Original Agreement", defined below); and WHEREAS, pursuant to that certain Comprehensive Development Agreement ( "CDA ") by and between TxDOT and the Developer with respect to the Facility, the Developer has undertaken the obligation to design, construct, finance, operate and maintain the Facility, including causing the removal, relocation, or other necessary adjustment of existing utilities impacted by the facility (collectively, "Adjustment "); and WHEREAS, pursuant to that certain Design -Build Contract by and between the Developer and the Design -Build Contractor with respect to the Facility (the "Design -Build Contract "), the Design -Build Contractor has undertaken the obligation to design and construct the Facility, which includes the Adjustment; and WHEREAS, the Owner, the Developer, and the Design -Build Contractor are parties to that certain executed Master Utility Adjustment Agreement designated by the "Agreement No." indicated above, as amended by previous amendments, if any (the "Original Agreement "), which provides for the adjustment of certain utilities owned and/or operated by the Owner (the "Utilities ") and WHEREAS, the parties are required to utilize this Amendment form in order to modify the Original Agreement to add the adjustment of Owner facilities not covered by the Original Agreement; and WHEREAS, the parties desire to amend the Original Agreement to add additional Owner utility facility(ies), on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the agreements contained herein, the parties hereto agree as follows: Amendment. The Original Agreement is hereby amended as follows: 1.1 Plans (a) The description of the Owner Utilities and the proposed Adjustment of the Owner Utilities in the Original Agreement is hereby amended to add the following utility facility(ies) ( "Additional Owner Utilities ") and proposed Adjustment(s) to the Owner Utilities described in the Original Agreement; to install, and replace one wasteivater facility totaling approximately 315 linear feet for like -kind replacement. This facility is in conflict with the proposed pavement structure for the North Tarrant Express Project. The adjustment will consist of replacing this facility with like -kind inside an existing public utility easement. and, (b) The Plans, as defined in Paragraph 1 of the Original Agreement, are hereby amended to add thereto the plans, specifications and cost estimates attached hereto as Exhibit A. (c) The Plans attached hereto as Exhibit A, along with this Amendment, shall be submitted upon execution to TxDOT in accordance with Paragraph 2 of the Original Agreement, and Paragraph 2 shall apply to this Amendment and the Plans attached hereto in the same manner as if this Amendment were the Original Agreement. If the Owner claims an Existing Interest for any of the Additional Owner Utilities, documentation with respect to such claim shall be submitted to TxDOT as part of this Amendment and the attached Plans, in accordance with Paragraph 15 (a) of the Original Agreement. 1.2 Advancement of Funds by Owner for Construction Costs. (a) Exhibit A of the Original Agreement is hereby amended to add for the Additional Owner Utilities and proposed Adjustment(s) the following information set forth on Exhibit A hereto: (i) all estimated engineering and construction- related costs, including labor, material, equipment and other miscellaneous construction items, and (ii) the Owner's and Design -Build Contractor's respective cost sharing responsibility for the estimated costs, as more fully described in Section 1.4 below. The Owner shall advance to the Design -Build Contractor its allocated share, if any, of the estimated costs for construction and engineering work to be performed by Design -Build Contractor under this Amendment, in accordance with the following terms: ® The adjustment of the Owner's Utilities does not require advancement of fiords. ❑ The adjustment of the Owner's Utilities does require advancement of fiords and the terms agreed to between the Design -Build Contractor and Owner are listed below. [Insert terms of advance funding to be agreed behiven Design -Build Contractor and Owner.] (b) Adjustment Based on Actual Costs or Agreed Sum. For purposes of Paragraph 7(b) of the Original Agreement, the following terms apply to the Additional Owner Utilities and proposed Adjustment. [Check the one appropriate provision]: ® The Owner is responsible for its share of the Design -Build Contractor's actual cost for the Adjustment, including any identified Betterment. Accordingly, upon completion of all Adjustment work to be performed by both parties pursuant to this Amendment, (i) the Owner shall pay to the Design -Build Contractor the amount, if any, by which the actual cost of the Betterment (as determined in Paragraph 9(b)) plus the actual cost of Owner's share of the Adjustment (based on the allocation set forth in Exhibit A) exceeds the estimated cost advanced by the Owner, or (ii) the Design -Build Contractor shall ref ind to the Owner the amount, if any, by which such advance exceeds such actual cost, as applicable. ❑ The Agreed Sum is the agreed and final amount due for the Adjustment, including any Betterment, under this Amendment. Accordingly, no adjustment (either up or down) of such amount shall be made based on actual costs. 1.3 Reimbursement of Owner's Indirect Costs. For pin of Paragraph 6 of the Original Agreement, the following terns apply to the Additional Owner Utilities and proposed Adjustment: (a) Design -Build Contractor agrees to reimburse the Owner its share of the Owner's indirect costs (e.g., engineering, inspection, stand -by pay, testing, ROW) as identified in Exhibit A. When requested by the Owner, monthly progress payments will be made. The monthly payment will not exceed 80% of the estimated indirect work done to date. Once the indirect work is complete, final payment of the eligible indirect costs will be made. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. (b) The Owner's indirect costs associated with Adjustment of the Owner Utilities shall be developed pursuant to the method checked and described below [check only one box]: ® (1) Actual related indirect costs accumulated in accordance with (i) a work order accounting procedure prescribed by the applicable Federal or State regulatory body, or (ii) established accounting procedure developed by the Owner and which the Owner uses in its regular operations or, ❑ (2) The agreed sum of $ ( "Agreed Sum') as supported by the analysis of the Owner's estimated costs attached hereto as part of Exhibit A. 1.4 Responsibility for Costs of Adiustment Work. For purposes of Paragraph 4 of the Original Agreement, responsibility for the Agreed Sum or Actual Cost, as applicable, of all Adjustment work to be performed pursuant to this Amendment shall be allocated between the Design -Build Contractor and the Owner as identified in Exhibit A hereto and in accordance with §203.092, Texas Transportation Code. An allocation percentage may be determined by application of an Eligibility patio, if appropriate, as detailed in Exhibit A, provided however, that any portion of an Agreed Stun or Actual Cost attributable to Betterment shall be allocated 100% to the Owner in accordance with Paragraph 9 of the Original Agreement. 1.5 Betterment. (a) Paragraph 9(b) (Betterment and Salvage) of the Original Agreement is hereby amended to add the following [Check the one box that applies, and complete if appropriate]: ❑ The Adjustment of the Additional Owner Utilities, pursuant to the Plans as amended herein, does not include any Betterment. ® The Adjustment of the Additional. Owner Utilities, pursuant to the Plans as amended herein, includes Betterment to the Additional Owner Utilities by reason that Bluebonnet Contractors will install one 12 " eater facility crossing IH 820 totaling approximately 438' linear feet as a betterment facility for North Richland Hills. The Design -Build Contractor has provided to the Owner comparative estimates for (i) all work to be performed by the Design -Build Contractor pursuant to this Amendment, including work attributable to the Betterment, and (ii) the cost to perform such work without the Betterment, which estimates are hereby approved by the Owner. The estimated cost of the Design - Build Contractor's work under this Amendment which is attributable to Betterment is $424.875.00, calculated by subtracting (ii) from (i). The percentage of the total cost of the Design -Build Contractor's work under this Amendment which is attributable to Betterment is 75.62 %, calculated by subtracting (ii) from (i), which remainder is divided by (i). (b) If the above Paragraph 1.5(a) identifies Betterment, the Owner shall advance to the Design -Build Contractor, at least fourteen (14) days prior to the date scheduled for commencement of construction for Adjustment of the Additional Owner Utilities, the estimated cost attributable to Betterment as set forth in Paragraph 1.5(a) of this Amendment. If the Owner fails to advance payment to the Design -Build Contractor on or before the foregoing deadline, the Design -Build Contractor shall have the option of commencing and completing (without delay) the Adjustment work without installation of the applicable Betterment. Check the one appropriate provision]: ❑ The estimated cost stated in Paragraph 1.5(a) of this Amendment is the agreed and final amount due for Betterment under this Amendment, and accordingly no adjustment (either up or down) of such amount shall be made based on actual costs. F71 The Owner is responsible for the Design -Build Contractor's actual cost for the identified Betterment. Accordingly, upon completion of all Adjustment work to be performed by both parties pursuant to this Amendment, (i) the Owner shall pay to the Design -Build Contractor the amount, if any, by which the actual cost of the Betterment (determined as provided below in this paragraph) exceeds the estimated cost advanced by the Owner, or (ii) the Design -Build Contractor shall refund to the Owner the amount, if any, by which such advance exceeds such actual cost, as applicable. Any additional payment by the Owner shall be due within sixty (60) days after the Owner's receipt of the Design -Build Contractor's invoice therefor, together with supporting documentation; any refund shall be due within sixty (60) days after completion of the Adjustment work under this Amendment. The actual cost of Betterment incurred by the Design -Build Contractor shall be calculated by multiplying (i) the Betterment percentage stated in Paragraph 1.5(a) of this Amendment, by (ii) the actual cost of all work . performed by the Design -Build Contractor pursuant to this Amendment (including work attributable to the Betterment), as invoiced by the Design -Build Contractor to the Owner. (c) The determinations and calculations of Betterment described in this Amendment shall exclude right -of -way acquisition costs. Betterment in connection with right -of -way acquisition is addressed in Paragraph 15 of the Original Agreement. 1.6 Miscellaneous. (a) Owner and Design -Build Contractor agree to refer to this Amendment, designated by the "Amendment No." and "Agreement Number" indicated on page 1 above, on all future correspondence regarding the Adjustment work that is the subject of this Amendment and to track separately all costs relating to this Amendment and the Adjustment work described herein. (b) [Include any other proposed amendwents allowed by applicable lau,.I General. (a) All capitalized terms used in this Amendment shall have the meanings assigned to them in the Original Agreement, except as otherwise stated herein. (b) This Amendment may be executed in any number of counterparts. Each such counterpart hereof shall be deemed to be an original instrument but all such counterparts together shall constitute one and the same instrument. (c) Except as amended hereby, the Original Agreement shall remain in full force and effect. In no event shall the responsibility, as between the Owner and the Design -Build Contractor, for 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 Amendment, and (b) the completion of TxD ©T's review and approval as indicated by the signature of TxD ©T's representative, below. APPROVED BY: TEXAS DEPARTMENT OF TRANSPORTATION 40 Authorized Signature Printed Name: Donald C. Toner Jr. SR/WA Title: Director — Strategic Projects Right of Way Strategic Projects Division Date: DESIGN -BUILD CONTRACTOR Bluebonnet Contractors. LLC 10 Daly Authorized Representative Printed Name: Jose Carlos Esteban Title: Chief Executive Officer Date: OWNER CITY OF NORTH RICHLAND HILLS L Daily Authorized Representative Printed Name: Title: Date: DEVELOPER NTE Mobility Partners LLC L Duly Authorized Representative Printed Name: Steve Hankins, P.E. Title: Chief Operating Officer Date: Exhibit B: Cost Estimate for Utility Assembly (820 -U- 0508 -0002) ESTIMATED BETTERMENT COSTS FOR NORTH RICHLAND HILLS Description Install 12 " x 12" Tee Install 12" x 6" Tee Install 12" x 8 " Tee Install 12" Cut -In Valve and Connection Install 12 " 45 Degree Bend Reconnect Ex Line for Fire Hydrant Reconnect Ex Line for Water Service 175 Connect to 12 " Water Line A 0 Sta. 0 +00 Connect to 12" Water Line B @ Sta, 4 +38.48 Install 24" Steel Casing Pipe by Bore Install 24" Steel Casing Pipe by Open Cut Install 12 " C900 PVC Water Pipe Install 12" C900 PVC Water Pipe in Casing Install Concrete Embedinent Incedental &. MISC. Costs (100% Betterment) Quantity I Unit Unit Unit Price I Subtotal 2 EA $ 2,400.00 $ 4,800.00 2 EA $ 2,200.00 $ 4,400.00 1 EA $ 2,200.00 $ 2,200.00 4 EA $ 2,800.00 $ 11,200.00 8 EA $ 700.00 $ 5,600.00 2 EA $ 1,200.00 $ 2,400.00 1 EA $ 600.00 $ 600.00 1 EA $ 1,800.00 $ 1,800.00 1 EA $ 1,800.00 $ 1,800.00 431 LF $ 660.00 $ 284,460.00 1 LF $ 210.00 $ 210.00 166 LF $ 145.00 $ 24,070.00 431 LF $ 90.00 $ 38,790.00 112 LF $ 35.00 $ 3,920.00 1 LS $ 38,625,00 $ 38,625 .00 I Total $ 424,875.00 1 Description Quantity I Unit Unit Price I Subtotal Install Pipe - 8" PVC SDR26 (Open cut) 315 LF $ 150,00 $ 47,250.00 Install Casing Sleeves near Power Poles 110 LF $ 165.00 $ 18,150.00 Install 5' Manhole 1 EA $ 8,600.00 $ 8,600.00 184 125.00 $ 5,000.00 BBC Overhead 1 Install 4' Manhole 1 EA $ 7,200.00 $ 7,200.00 Remove Existing WW Pipe 315 LF $ 1.59 $ 500.00 Connect to Existing Facilities 1 EA $ S00.00 $ 500.00 Total $ 02,200.00 ESTIMATED INDIRECT COSTS FOR BLUEBONNET CONTRACTORS, LLC Description OLLantity I Unit Unit Price I Subtotal Plan Design 80 HRS $ 105.00 $ 8,400.00 Plan Review 20 HRS $ 85.00 $ 1,700.00 Project Inspection 40 HRS $ 125.00 $ 5,000.00 BBC Overhead 1 LS $ 20,283.00 $ 20,283.00 Total 5 35,383.001 ESTIMATED INDIRECT COSTS FOR CITY OF NORTH RICHLAND HILLS Description Quantity Unit Unit Price Subtotal City Overhead 1 LS $ 12,676.88 $ 12,676.88 Plan Review 20 HRS $ 85.00 $ 1,700.00 Project Inspection 40 HRS $ 125.00 $ 5,000.00 Total $ 19,376.88 1 City of North Richland Hills 820 -U -0508 -0003 Conflicts: 17S & 184 January 4, 2013 A lEstimated Direct Costs for Bluebonnet Contractors, LLC 1 1 , $ 82,200.00 1 B Estimated Betterment Costs for City of [North Richland Hills 1 $ 42.4,875.00 1 C lEstimated Indirect Costs for Bluebonnet Contractors, LLC 1 $ 35,383.00 1 1] Estimated Indirect Costs for City of Worth Richland Hills 1 $ 19,376.98 1 E Estimated Costs for Facility Relocations (Like -Kind) $ 136,954.88 Calculation. (A +C +D) r Total Estimated Costs for All Facility Relocations $ 551,834.88 Calculation: (B +E) Estimated Amount to be Paid to Bluebonnet Contractors. $ 405,498.13 Calculation: (F - E - D) M— NTE-U] Rev. %2009 Page 1 of 2 Exhibit. C: Property Affidavit Agreement No. 820 -U- 0508 - 0+003 County: CSJ No.: Highway Limits: Fed. Proj. No.: ROW Acct. No. AFFIDAVIT IIIIIBMKIN0 W41MtllkMV. COUNTY OF Tarrant Agreement No. 820-fir- 0508 -0003 Tarrant 0008 -14 -058 NTE - West DART Rail to IH 8201 SH 183 Interchange NA 0008 -14 -093 WHEREAS, the State of Texas, acting by and through the Texas Department of Transportation, herein called TxDOT, has deemed it necessary to make certain highway improvements on Interstate Highway 1H 820 in Tarrant County, Texas, front. NTE BL Stations 920 +64 to 923 +84; and, WHEREAS, it is anticipated that the hereinabove mentioned improvements will affect the facilities of City of North Richland Hills hereinafter called the Owner, at the following described locations: A sanitary sewer facility is located in a PUE across the parcels included below and will be reconstructed within this existing easement. - Parcels 124, 125, 126, & 127: Vol. 388 -24, Pg. 34 ff A 5' public utility easement for city facilities in the City of North Richland. Hills and; NIMEREAS, TxDOT has requested that the Owner furnish to the information relative to interests that Owner hold in lands at each of the hereinabove referenced locations; NOW THEREFORE, before me, the undersigned authority, this day personally appeared who, after being by me duly sworn, did depose and say: That he/ she is of City of North Richland Hills and, as such, has knowledge of the facts contained herein, and That, to the best of his!her knowledge, said Owner is the owner of the following described interests in the here naboti indicated lands, copies of the instruments under which said Owner claims said interests being attached hereto and made a part hereof. =7k IfEr- NTE -U ] Rev. 9i- Page - of 2 Signature Title Company Sworn to and subscribed before me this day of , A.D. 2013. Notary Public, State of Texas My Commission expires: Exhibit. D: Utility Joint Use Acknowledgement Form ROW- U- JUAA -NTE Rev.9,'13107 Reimbursable Utility Adjustment Replaces Forms D- 15 -24A and D- 15 -80A GSD -EPC Page 1 of 3 UTILITY JOINT USE ACKNOWLEDGEMENT REIMBURSABLE UTILITY ADJUSTMENT U -N umber: 820-U-0508-0003 District Forth Worth Highway: IH 820 County: Tarrant WHEREAS, the State of Texas, (`State'), acting by and through the Texas Department of Transportation ( "TxDOT "), proposes to make certain highway improvements on that section of the above - indicated highway; and WHEREAS, the City of North Richland Hills, ( "Utility "), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto - NOW, THEREFORE, in consideration of the covenants and acknowledgements herein contained, the parties mutually agree as follows. It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this Acknowledgement shall serve to modify or extinguish any compensable property interest vested in the Utility within the above described area. If the facilities shown in the aforementioned plans need to be altered or modified or new facilities constructed to either accommodate the proposed highway improvements or as part of Utility's future proposed changes to its own facilities, Utility agrees to notify TxDOT at least 30 days prior thereto, and to furnish necessary plans showing location and type of construction, unless an emergency situation occurs and immediate action is required. If an emergency situation occurs and immediate action is required Utility agrees to notify TxDOT promptly. If such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements, or could endanger the traveling public using said highway, TxDOT shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway- Such regulations shall not extend, however, to requiring the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. If Utility's facilities are located along a controlled access highway, Utility agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Utility's facilities are located in medians or interchange areas, access from the through - traffic roadways or ramps will be allowed by permit issued by the State to the Utility setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public, the Utility shall have a temporary right of access to and from the through- traffic roadways and ramps as necessary to accomplish the required repairs, provided TxDOT is notified immediately when such repairs are initiated and adequate provision is made by Utility for the convenience and safety of highway traffic. Except as expressly provided herein, the Utility's rights of access to the through - traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public - If Utility's facilities are located along a non - controlled access highway, the Utility's rights of ingress and egress to the through - traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. Initial Date Participation in actual costs incurred by the Utility for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with applicable laws of the State of Texas. It is expressly understood that Utility conducts the new installation, adjustment, removal, and/or relocation at its own risk, and that Txa ©T makes no warranties or representations regarding the existence or location of utilities currently within its right of way_ The Utility and the State, by execution of this Acknowledgement . do not waive or relinquish any right that they may have under the law. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented. IN WITNESS WHEREOF. the parties hereto have affixed their signatures. owner: City of North Richland Hills Utility Name IM Pl inted Name: Title: Date: Authorized Signature The State of Texas Executed and approved for the Texas Transportation Commission for the ptupose and effect of activating and /or carrying out the orders_ established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. LM Donald C. Toner Jr. SRIW A Title: Director — Strategic Projects Right of Way Strategic Projects Division Texas Department of Transportation Date: Initial Date M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. B.3 GN 2013 -010 Award Bid 13 -008 for the Purchase of Light Duty Vehicles to Multiple Vendors for the Total Amount of $155,525 Presenter: Thomas Powell, Director of Fleet Services Summarv: The City Council is being asked to award Bid 13 -008 for Light Duty Vehicles to multiple vendors for the total amount of $155,525. General Description: In the 2012 -13 approved budget, Council allocated $181,200 to replace eight vehicles for the Finance, Planning /Inspections, Police, and Public Works departments and one vehicle for the Iron Horse Golf Course. Notice of the City's intent to bid was advertised in the local newspaper, as required by State statute and posted on the City Website. Seven bids were received from the following vendors: Grapevine Dodge Chrysler Jeep was the low bidder on the Four Door Sedans. Sam Pack's Five Star Ford was the low bidder on the 8' Bed Pickup and the Cargo Van. Caldwell Country Ford was the low bidder on the 65 Bed Pickup. Recommendation: To award Bid 13 -008 for the purchase of Light Duty Vehicles to multiple vendors for the total amount of $155,525. Half Ton Cargo Half Ton 8' Bed Four -Door Half Ton 6.5' Bed Vendor Van (QTY 1) Pickup (QTY 1) Sedan (QTY 2) Pickup (QTY 5) Grapevine Dodge Chrysler Jeep no bid no bid $34,008 no bid Reliable Chevrolet $21,270 $19,092 $39,271 $90,084 Sam Pack's Five Star Ford $20,767 $18,215 $35,808 $84,260 Caldwell Country Chevrolet $21,949 $19,317 $37,528 $90,895 Randall Reed's Prestige Ford $21,630 $18,630 $36,100 $84,815 Caldwell Country Ford $21,991 $19,254 $35,714 $82,535 Southside Dodge Sales Inc. no bid $24,680 $40,362 $117,475 Grapevine Dodge Chrysler Jeep was the low bidder on the Four Door Sedans. Sam Pack's Five Star Ford was the low bidder on the 8' Bed Pickup and the Cargo Van. Caldwell Country Ford was the low bidder on the 65 Bed Pickup. Recommendation: To award Bid 13 -008 for the purchase of Light Duty Vehicles to multiple vendors for the total amount of $155,525. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. B.4 GN 2013 -008 Approve Purchase of two Police Department Tahoes from Reliable Chevrolet in the Amount of $71,438.64 Presenter: Thomas Powell, Director of Fleet Services Summarv: The City Council is being asked to approve the purchase of two Police Department Tahoes from Reliable Chevrolet in the amount of $71,438.64. General Description: The 2012 -13 budget included the replacement five Chevrolet Tahoes for the Patrol Division and one Tahoe for the Traffic Safety Division. The Patrol Division vehicles were authorized for purchase from Reliable Chevrolet on October 22, 2012. In November 2012, Police Department Tahoe Unit 8924 was involved in an accident in the Loop 820 construction zone which resulted in the total loss of the vehicle. The City collected a $25,000 settlement from the insurance company of the motorist that caused the accident. The total replacement cost for this vehicle is $35,719.32. Staff recommends replacing damaged Unit 8924 utilizing funds from the insurance settlement and $10,719.32 of Fleet Services savings from the purchase of the light duty vehicles budgeted for this fiscal year, which was recommended for approval in the previous agenda item. As noted above, the 2012 -13 approved budget also allocated funding for an additional Police Department Tahoe for the Traffic Safety Program. The enabling legislation that created the Photo Traffic Enforcement Program allows for proceeds to be expended on traffic safety related expenses and programs. This expenditure of $35,719.32 from the Traffic Safety Fund will purchase and equip a vehicle specific to the needs of the traffic safety program, where its primary function will be traffic enforcement. The City of North Richland Hills is a member of several inter -local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Reliable Chevrolet in Dallas, Texas has been awarded the State of Texas and Tarrant County contracts for 2013. Reliable Chevrolet has submitted a quote of $71,438.64 for two Chevrolet Tahoes from the State of Texas Contract #071 - 072 -A2. The cost per Tahoe is the same as the cost paid for Police Department Tahoes earlier this year. Recommendation: To approve the purchase of two Police Department Tahoes from Reliable Chevrolet in the amount of $71,438.64. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. B.5 GN 2013 -007 Approve Resolution to participate in TexasTERM investment pool & Approve Resolution to Authorize Investment Officers - Resolution No. 2013 -005 and Resolution No. 2013-007 Presenter: Larry Koonce /Lawry Fiorello Summarv: This resolution will authorize participation in TexasTERM, a public funds investment pool. This resolution will also authorize investment officers to conduct investment transactions. General Description: TexasTERM, a public funds investment pool, was created on behalf of entities whose objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act (PFIA). The City also identifies these same objectives and their order of priority in its Investment Policy. The City is currently authorized by City Council to use three investment pools including TexPool, TexStar, and Logic. We invest in these pools which are all "overnight" vehicles with average maturities of less than 60 days. We invest in multiple pools for safety and diversity and we get better yields by combining our funds with other governmental entities. These pools allow us to be fully invested at all times and the flexibility to access funds for operations and capital expenditures as needed. These are the highest rated pools for safety, and City staff monitors these pools daily to determine the most advantageous yield and asset mix. TexasTERM is a pool with a weighted average maturity of 60 days or less. Thirty six other Texas Cities participate in this $1.2 billion dollar pool. City staff will determine when to use this pool based on rates of return and liquidity needs. TexasTERM also provides the option to invest in a different Certificate of Deposit Account Registry Service (CDARS) portfolio if needed. This option is not available with the other pools. We believe this will be another tool in our investment portfolio to help us manage the citizen's dollars as efficiently as possible. The City Investment Committee has reviewed this pool and has approved sending this to Council for consideration. This resolution will authorize participation in TexasTERM. TexasTERM will have authority to invest funds and act as a custodian of investments purchased with local investment funds. The proposed resolution authorizes the City Manager to execute the forms which allows the City to participate in TexasTERM until amendment or revocation is sent to TexasTERM by the City. A resolution is also required to authorize individuals who can conduct investment transactions with authorized securities dealers, banking institutions, overnight pools, and custodial and safekeeping service institutions. The following positions are recommended to be included on the list of authorized individuals: Director of Finance Larry Koonce Assistant Director of Finance Laury IFiorello Accountant II Amy Stephens The proposed resolution authorizes the City Manager to execute the forms which designates these individuals as City representatives. Recommendation: To approve Resolution No. 2013 -005 and Resolution No. 2013 -007 10**QWil0IQ►I►161W'IT+1 PKII +161 WHEREAS, the City of Forth Richland Hills ( "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds„ and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act, and WHEREAS the TexasTERM Local Government Investment Pool ("TexasTERM "), a public funds investment pool, was created on behalf of entities whose investment objectives in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: Section 1. "A. That Participant shall enter into a Participation Agreement to establish an account in its name in TexasTERM, for the purpose of transmitting local funds for investment in TexasTERM. B. The Participant shall designate one or more individuals to act as "Authorized Representatives" of the Participant, in the manner provided in the form attached to this Participation Agreement, to transmit funds for investment in the Pool and to withdraw funds from the Pool from time to time, to issue letters of instruction, and take such other actions deemed necessary or appropriate for the investment of local funds. C. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexasTERM receives a copy of any such amendment or revocation. AND IT IS SO RESOLVED. PASSED AND APPROVED on this 11th day of February, 2013. A 11 WK61 M k , IQ 311:1:1[ @]:IW=1ZI II7:III By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary 1�1 �:ZG] ►1 =1 12-114 11011 to] N k',1,1: V III I *Y-Al I I wis George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Finance Director 10 **Q Wil0IQ ► I ► 161+IT +3 PKIDYi BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the following officers of the City of Forth Richland Hills, Texas are hereby authorized to execute all investment transactions of the City with all securities dealers, banking institutions, investment pools, and custodial and safekeeping service institutions approved by the "City" investment committee in accordance with City's investment policy. Larry 'Koonce Director of Finance Signature Laury Fiorello Assistant Director of Finance Signature Amy Stephens Accountant II Signature SECTION 2.THAT the above officers of the City of North Richland Hills, Texas are hereby authorized to execute the TexasTERM (Investment Pool) forms amending Authorized representatives on behalf of the governing body of the City. SECTION 3. THAT the City Manager is hereby authorized to execute the amendment forms, a copy of which is attached hereto and made a part hereof as the act and deed of this City. PASSED AND APPROVED this the 11th day of February, 2013. e ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney A IW9 67 =:[67Ad:IN[ @]:1WI1►1 NJ: IIII&I Oscar Trevino, Mayor 1_l, � ZT91TA=I IN-11:1 11OX0161 `r 10 =1 ►16 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. B.6 GN 2013 -012 Authorize Payment to Physio - Control, Inc. in the amount of $111,127.55 for the necessary replacement of (3) Lifepak 12 defibrillators to (3) Lifepak 15 defibrillators. Presenter: Stan Tinney, Fire Chief Summarv: This item is to authorize payment to Physio Control, Inc. for $111,127.55. This purchase is for the necessary replacement from (3) Lifepak 12 defibrillators to (3) Lifepak 15 defibrillators. General Description: The Lifepak 12 defibrillators utilized by the North Richland Hills (Fire department are reaching the end of their life expectancy as estimated by bath the American Hospital Association and the Department of the Army Technical Bulletin. For this reason, it is necessary to start the replacement process for the current medical equipment used in daily operations. Current EMS Protocols set forth by the Emergency Medical Director, Dr. Roy Yamada, require a patient's first defibrillation to be administered at 3601 joules for patients that are over 110 pounds. The Physio - Control Lifepaks are the only defibrillators that can deliver this amount of joules. Replacement of the Lifepak 12 defibrillators with the Lifepak 15 defibrillators will allow the department to operate as needed without running the risk of failed equipment. With the purchase of the Lifepak 15's, the city will also be receiving the latest technology and upgraded batteries. Physio - Control, Inc. is the sole source provider in our marketplace for the new Lifepak devices. The North Richland Hills Fire department has always relied on the Physio - Control Cardiac Monitor Defibrillators. These items were approved in the FY 2012 -2013 budget under line item 0101-9003 - 532.65 -2a Tools and Implements /Small Machinery and under the CIP project IFS1304 2013 Rescue Pump Replacement -Unit #935. Recommendation: Authorize payment to Physio - Control, Inc. in the amount of $111,127.55 for the necessary replacement of (3) Lifepak 12 defibrillators to (3) Lifepak 15 defibrillators. ?.. ,.... I - AMU s January 16, 2013 ° Chief Christopher Jungst North Richland Hills Fire Department 7202 Dick Fisher Dr. North Richland Hills, TX 76180 www pllom caillsvl Com Gear Chief Jungst, In response to your recent request, I am writing to confirm that Physio - Control, Inc. is the sole source provider in your marke #place for: • New LIFE PAK devices • Our factory refurbished line of RELI devices • LIFENET Data Management Solutions • The LUCAS' Chest Compression System • Factory - authorized inspection and repair services which include repair parts, upgrades, inspectlons, and repairs • Physio- Control is the only current provider of new ALS monitorldefibdilatorlpacemakers sold in the U.S. that can provide 360 Joules biphasic energy. Physio- Control does not utilize the services of any authorized resellers in the sale of these products and services in your marketplace. s Best rega�s Mark Watson Associate Contract Analyst Physio Control, Inc, 11811 Willows Road NE Redmond, WA 98052 -2003 - Service Power Upgrade Promo (RF- VDLTA) the following terms R conditions Physio- Control, Inc. quote. 11811 Wllows Road NE Contract None P.O. Box 97023 M Redmond, WA 88073 -9723 U.S.A 1 99577 -001257 - LP16 MONITOR/DEFIS, CPR, 3 www.physio-canUaLcom CO2, Trend. BT lot 000.442.1142 THE LIFEPAK 15 IS AN ADAPTIV BIPHASIC FULLY fax 800132.0956 To: Una Jungst MONITORIDEFIBRILLATOR. 2 PAIR OUIK -COMBO North Richland Hills Fire Department - 21330-001395,IN-SERVICE DVO - 21330- 001486(one 7202 Dick Fisher Dr Qtg #: 1. 200926844 NORTH RICHLAND HILLS, TX 761 a0 Rev* 4 Phone! (817)427 -6DOO Quote Date: 12MV2012 ciungstandOd.com Sales Consultant: Elizabeth Roberts RECHARGEABLE LITHIUM -ION, WITH FUEL GAUGE 800 -442 -1142 x 72438 3 119*- 000323 - MA$IMO SET RED LNCS 3 FOB: Redmond. WA Terms: All quotes subject to credit approval and - Service Power Upgrade Promo (RF- VDLTA) the following terms R conditions Please see trade -in information at and Df quote. Exp Date: 0310412013 Contract None Line Catalog i0i Description City Price Unit Di�c Trade-in Unit Price Ext Total 1 99577 -001257 - LP16 MONITOR/DEFIS, CPR, 3 $36,595.00 $5,48925 $3,833.33 $27,272.42 $81,81735 Pace„ to 360J. SPOWCOlMetHb, 12L GL, NI9P, CO2, Trend. BT THE LIFEPAK 15 IS AN ADAPTIV BIPHASIC FULLY ESCALATING (TO 360 JOULES) MULTI -PARAMETER MONITORIDEFIBRILLATOR. 2 PAIR OUIK -COMBO ELECTRODES PER UNIT - 11996. 000091, TEST LOAD - 21330-001395,IN-SERVICE DVO - 21330- 001486(one per order) , SERVICE MANUAL CO- 21300. 008084 (one per order) and SHIP KIT (RC Cable) 41577 - 000126 INCLUDED. HARD PADDLES, BATTERIES AND CARRYING CASE NOT INCLUDED. 2 21330. 001176 - LI4ON BATTERY 6.7 AMP 15 $400.00 $60.00 $0.00 $340.00 $5,100.00 HOUR CAPACITY RECHARGEABLE LITHIUM -ION, WITH FUEL GAUGE 3 119*- 000323 - MA$IMO SET RED LNCS 3 $190.00 $28.50 $0.00 $161.50 $484.50 PATIENT CABLE - 4 FEET RED LNC- 04, PATIENT CABLE,4FT,REF 2D55 4 11171-000032 - RAINBOW DM- DCB,ADULT 3 $819.00 $122.83 $0.00 $695..15 $2,088.45 REUSE $ENS0R,8FTREF 2407 RAINBOW DC I-DCSADULT REUSE SENSOR,8FT,REF 2407 6 15171-000033- RAINBOW DCIP43Ca,PED 3 $819.00 $122.55 $0.00 $646.15 $2,088.45 REUSE SENSOR,8FT REF 2940 RAINBOW CCIP -OC8,PED REUSE SENSOR,BFT,REF 2640 6 11160. 000003 -NI BP CUFF- 3 $22.00 $3.30 $0.00 $18.70 $55.10 REUSEABLE,CHILD 7 11160400005 - NIBP CUFF- 3 $27.00 $4.05 $0.00 $22.95 $65.85 REU&EABLE,ADULT 8 11150-000007 - NI BP CUFF- 3 $30.00 $4.50 $0.00 $25.50 $76.50 REU$EAB LE,LARGE ADULT 9 11160 400009 - NIBP CUFF- REUSEABLE,X- 3 $45.00 $6.75 $0.00 $39.25 $114.75 LARGE ADULT Il 2 Qu : 1- 240926844 Rev* 4 Quote Product, (fmdnum* Quote Dale: 12f04r2012 Line Catalog # i Description Qty Price Unit Disc Trade-in Unit Price Ext Total 10 11677-000002 - LIFEPAK 1.5 Basic Garry Case 3 $26a.00 $40,20 30.00 $227,84 $683.40 wl right &"pouches Includes shoulder strap 11577 - 004001 11 11220-000028 -Top Pouch 3 $48.00 $720 $0.00 $40.80 $122.44 Storage for sensors and elWrodas. Insert in place of standard Paddles, 12 11260 -000038 - LP16 Rear Poach far carrying case 3 $88.00 $10.35 $0.00 $58,65 $175.95 13 11140-000016 -AC POWER CORD 3 $65.00 $1035 $0.00 $58.65 $175.95 14 MC99aA0100" • POS - 6 YEAR. On-eite 3 $5,165.00 $0.00 $D.00 $5,165.40 $15.495.00 repair and one Inspection per year. Price per unlL Cunlmds with 4 and 5 year terms must he paid in full up front. 15 6OM- 000117 -ZONE TRAVEL CHARGE: 5 $4.00 $G.00 $0.00 $0.00 $0.00 ZONE 16 RP -VOLTA - Service Power Upgrade 4 $450,00 $0.00 $0.00 $450.40 $1,800.00 Service Contract customers only. Trade -in of existing charger required. Includes: 8 as U-ion Batteries (11141 -000106) 1 as REDI- CHARGE battery charger (11141.000115) 1 ea UFEPAK 12 adapter tray (11141 -000116) 1 ea Power Card (11140. 000015) 17 11140-000082 - LP 16 ADAPTER. REDl- 4 $175.00 $20.25 $0.00 $148.75 $58.3' .00 CHARGE BATTERY CHARGER LP 15 ADAPTER- REMCHARGE BATTERY CHARGER SUB TOTAL 5110,942.55 ESTIMATED TAX $0,00 ESTIMATED SHIPPING & HANDLING $185.04 GRAND TOTAL $111,127.55 Trade -In Detail Product Oty Unit Value Total Value Pricing Summary Totals List Price: $140,998.00 Trade -ins: -311,500,00 Cash Discounts: - $18,555,45 Tax + S&H: +S185,00 GRAND TOTAL FOR THIS QUOTE $111,127.55 2 TO PLA CE AN ORDER, PLEA SE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # 800 - 732.0936, ATTN; REP SUPPORT PHYSIO- CONTROL, INC. REQUIRES MITTEN CUSTOMER APPROVAL (AUTHORIZED SIGNATURE) VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS REQUIRED ONALL ORDERS $10,000 OR GREATER BEFORE NAME APPLICABLE FREIGHTAND TAXES.THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER INACCORD ANCE T1TLE WITH THE TERMS AND PRICES DENOTED HEREIN. SIGN TO THE RIGHT DATE -- — Ref. Coda: iMhUO279490tf1-W1MK4O notes Taxes,. shipping and handling fees are estimates only and are subject to change at the time of order. Shipping and handling applies to ground Transport only. Physio- Control will assess a $10 handling fee on any order less than $200.00, Above pricing valid only 0 all items in quote are purchased (optional items nol required). To receive a trade -in credit, Buyer agrees to return the trade�in devices) within 30 days of receipt of the replacement device(s) to Physio- Control's place of business or 10 an authorized Physic- Control representative. Physio-Control well provide instructions for returning the devm(s) and will pay for the associated shipping cost. In the evert that trade -In davice(s) are not received by Phyzio- Control within the 30 -day window, Buyer acknowledges that this quota shall constitute a purchase order and agrees to be invoiced for the amount of the trade-in discount. Invoice shall be payable upon receipt. Items listed above at no change are included as part of a package discount that involves the purchaseof a bundle of Items. Buyer is solely responsible for appropriately allocating the discount extended on the bundle when fulfilling any reporting obligations it might have- If Buyer Is ordering service, Buyer affirms reading and accepts the terms of the Physic- Control, Inc. Technical Service Support Agreement which is available from your sales representative or http:lAvww.physio• control. comfupleadedFdes fproduets1service - planslTechnicalSer AceAgreemenl.pdf Serial nurn ban for (3) LlrEPAK 12 trade -in devices: 34309339 37371095 11538248 Charger trade -In serial numbers t4): 13862440 11878996 11880969 14345385 TERM OF SALE General Terms Physic - Control, Inf.'s acceptance of the Buyer's order is expressly conditioned on product availability and the Buyer's assent to the terms set forth in this document and' its attachments. Physio- Control, Inc. agrees to fumish the goods and services ordered by the Buyer only on these terms, and the Buyers acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyers purchase order or an other documents submitted to Physio-Control, Inc. by the Buyer. These forms may only be revised or amended by a written agreement signed by an authorized representative of bath parties. Pricing Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio-Cordrol, Inc. standard prices in effect at the time of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services covered by this document, Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document. unless Physro- Control. Inc. receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physic - Control, Inc, Tax Department P.O. Box 97006, Redmond, Washington 98073 -9706. Payment Unless otherwise indicated in this document or otherwise confirmed by Physioa -Control, Inc. in writing, payment for goods and services supplied by Physic- Control. Inc. shall be subject to the following terms: • Domestic (USA) Sales - Upon approval of credit by Physio- Control, Inc., 100% of invoice due thirty (30) days after invoice date. International Sales - Sight draft or acceptable (confirmed) Irrevocable letter of credit. Physio - Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to title Buyer, Detivery Unless otherwise indicated in this document, delivery shat be FOB Physio- Control., Inc. point of shipment and title and risk of loss shall pass to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Buyer, Physta- Control, Inc. will obtain Iramsportation on the Buyer's behalf and for the Buyers account. Delays Delivery dates are approximate. Physio- Control. Inc. will not be liable for any loss or damage of any kind due to delays in delivery or non- delivery resulting from any cause beyond its reasonable control. including but not limited to, acre of God, labor disputes, the requirements of any govemrnentat authority, war, civil unrest. terrorist ads, delays in manufaclure, obtaining any required license or permit, and Physic- Control, Inc. inabillty to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio- Control, Inc. and the Buyers agreement and the delivery dates shall be extended for the length of such delay. tnspeetiams and Rctu ms Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physic- Control, Inc, with written notice of any deficiency. Payment is not contlrgant upon immediate correction of any deficiencies and Physic- Control, Inc. prior approval is required before the return of any goods to Physio - Control, Inc. Physio - Control,. Inc. reserves the right to charge a 15% restocking fee for returns. The Physio - Control Returned Producl Policy is located at httplMww. physo- control. comAiploadedFlleslsupporVRetumPaticy 3308529_A.poll. Service Terms All device service will be governed by the Physio -Control, Inc. Technical Services Support Agreement which is available Tram your saw representative or htpllwww.physto-cwtral -cor Nupl oadedFiesrproductslservice- plansllechnical $erviceAgreemant.pdf. All devices that are not under Physio- Cantrol Limited Warronly or a current Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then- current list prices prior to being covered under a Technical Service Support Agreement. If Buyer is ordering service. Buyer affimrs reading and accepts the terms of the Technical Service Support Agreement. warranty Physio - Control, Inc. warrants is products in accordanoe with the terms of the standard PhysicCoWol, Inc. product warranty applicable to the product to be supplied. Physio- Control, Inc. warrants services and replacement parts provided in performing such services against defects in accordance with the terms of the Physio - Control, Inc. service warranty set forth in the Technical Service Support Agreement. The remedies provided under such warranties shall be the Buyer's sale and exclusive remedies. Physio-Control, Inc. makes no other warranties, express or implied, Including, without Iimltabon,140 WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO- CONTROL, INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Patent & Indemnity Upon receipt of prompt notice from the Buyer and with the Buyers authority and assistance, Phystc-Canbol. Inc. agrees to defend, indemnify and hold the Buyer harmless against any claim that the Physio - Control, Inc. products covered by this document directly infringe any United States of America patent. Miscettaaeoas a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b) Through the purchase of Physio-Contrd. Inc. products, the Buyer does not acquire any interest In any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information rotated to said products, and the Buyer expressly agrees not to reverse engineer or deco mpila such products or related software and information. c) The rights and obligations of Physio-Cdntrol,. Inc. and the Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Washington, United States of Amanca. All costs and expenses Incurred by the prevailing party related to enforcement of its rights under this document, including reasonable attorneys fees, shall be reimbursed by the oilier party. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. B.7 GN 2013 -013 Authorize Payment to the City of Fort Worth in the amount of $73,152.00 for the annual radio system services i nfrastructu re. Presenter: Stan Tinney, Fire Chief Summarv: Authorize payment to the City of Fart Worth in the amount of $73,152.00 for the annual radio system services infrastructure. General Descrivtion: This is a cost per radio unit that covers the infrastructure costs for operation of the North Richland Hills Public Safety radios on the City of Fort Worth radio system. The radio agreement with the City of Fort Worth was approved by Council on May 11, 2009. The applicable fees and term approved in the contract are as follows: * $600 for each new radio added to the system per radio identification number Q $24 per month, per subscriber radio, payable in advance on an annual basis for all active radio IDs issued to user at the time of the annual billing — currently 254 radios at $288/radio/year) New radios, pro -rata basis * Term is open ended with the option to cancel for any reason, with or without cause upon a ninety (90) day written notice by either party. This is an approved line item in the FY 2012 -2013 budget, account number 001-8901 - 532.34 -30. Recommendation: To authorize the payment to the City of Fort Worth in the amount of $73,152.00 for the annual radio system services infrastructure. F ORT WORTH REVENUE COLLECTIONS 1000 THROCKMMORTON STREET FORT NVORTH, TEXAS 76102 -6311 RETURNED CRECKS ARE R.E PR.ESEIYTED FLECTRONICALLY *" ORIGINATING DEPT.: IT SOLUTIONS PHONE: 817 392 6640 DATE: 01/14/2013 CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLS TX 76180 CWB FOR: RADIOS AMOUNT DUE: FURTHER DESCRIPTION: 254 RADIOS * WE NOW ACCEPT ° VISA" OR "MASTERCA FOR YOUR CONVENIENCE. � RETURN THIS PORTION WITH PAYMENT CwB GF -160 INVOICE NO.: 012161 BATE: 01/14/2013 ORIG DEPT: IT SOLUTIONS PHONE: 817 -392 -6640 FOR: RADIOS CITY OF NORTH RICHLAND HILLS VISA OR MASTER CARD ACCOUNT Ni7MBER 7301 NR LOOP 820 EXP. DATE. NORTH RICHLAND HILLS TX 76180 SIGNATURE: _ FTO DUE I PAY TINS AMOUNT ' 873,152.00 � 16D000000000121610000DOOCCO7 '315,200000731520118 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. C.a PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. C.1 ZC 2012 -15 Public Hearing and Consideration of a request from Trinity Partners for a Zoning Change from AG Agricultural and C -2 Commercial to CS Community Services on Tracts 10F, 11 D and 11 D1 of the T. Peck Survey (A -1209) and Lot 1R, Block 1, D.J. Anderson Addition located at 8525, 8533 and 8601 Davis Boulevard. - Ordinance No. 3238 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of William C. Anderson, Leonard Hayes Newman and Haltom City Animal Hospital, Trinity Partners is requesting a zoning change from AG Agricultural and C -2 Commercial to CS Community Services on 8.1937 acres located on the west side of Davis Blvd at 8525, 8533 and 8601 Davis Blvd. DESCRIPTION: This is a straight zoning change request without any proposed Site Plan or special conditions. If approved, any development occurring on this property would have to meet the land use and development regulations of the CS Community Services Zoning District and all other applicable development codes. This includes a 6' masonry wall, 35' building setback and 15' landscape buffer from residential properties; as well as a 15' landscape buffer along Davis Blvd and the new lighting regulations adopted by City Council on January 14, 2013 which protects adjacent residential properties from light trespass and glare. Uses permitted in the CS District are typical retail, restaurant and office uses. Any automotive- related (i.e. auto lu'be, auto repair, window tinting, etc.) uses would require further approval of a Special Use Permit by City Council. CURRENT PLATTING: The properties are currently described as Tracts 1OF, 11D and 11D1 of the Thomas Peck Survey, Abstract No. 1209 and Lot 1R, Block 1, D.J. Anderson Addition. Plat(s) must be approved by City Council for this property prior to construction of any new development. CURRENT ZONING: AG Agricultural (8.0297 ac.) & C -2 Commercial (0.164 ac.) COMPREHENSIVE PLAN: The Comprehensive Land Use Plan recommends "Office" for this property. The Office Land Use is intended to permit professional and organizational offices with accessory and related uses. If approved, the CS zoning would also change the Comprehensive Land Use Plan to "Retail." The "Office" designation is likely in place on the property because of its existing underdeveloped state and its adjacency to single family residential. Properties to the north, south, and east, however, are designated for "Retail" and the subject property is situated in an area that is highly viable for restaurant and retail use. 1_1Illy -[s] =12 1 W463 I I Z 101 wil'►11XI&I:1 i W;¢, Direction - North PD Retail South C -2 Retail East Davis Blvd; C -1 Retail across West R -2 I Low Density Residential THOROUGHFARE PLAN: The subject property has approximately 900 feet of frontage along Davis Boulevard (FM 1938), which is designated on the Thoroughfare Plan as a "P6D" 6 -lane divided principal arterial. The southernmost portion of the property will have access to an existing right -in- right -out driveway through existing access easements. As the northern portion of the property develops, a fourth arm to the existing signalized intersection would be required to serve the site. Depending on the uses proposed, it is likely that deceleration lanes (and appropriate right -of -way) will be required prior to occupancy. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their January 17, 2013 meeting and voted to recommend approval to City Council (6 -0). STAFF RECOMMENDATION: Approval of ZC 2012 -15, Ordinance No. 3238. LOCATION MAP City of Keller III�I - � 4 I shady Grove Pd AERIAL PHOTO PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING :r CITY OF NORTH RICHLAND HILLS CITY COUNCIL 7Ex. Case Numbers: ZC 2092- 15 Applicant: Trinity Partners Location: 6525 — 8601 Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of t a property shown ant the attached rna p. Purpose of Public Hearinci: A Public Hearing is being held to Consider a request from Trinity Partners for a Zoning Change from AO Agricultural and C -2 Commercial to CS Community Services on Tracts 10F, 11D and 11 D1 of the T. Peck Survey (A- 1209) and Lot 1R, Block 1, D.J. Anderson Addition located at 8625. 6533 and 8601 Davis Boulevard. Public Hearing Schedule: Public Hearing Date: Meeting Time. Meeting Location CITY COUNCIL MONDAY, FEBRUARY 11, 2013 VA111121 CITY COUNCIL CHAMBERS 7341 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427- 6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Hernandez, Melissa Etvir M Alexander, William G Caulkins, Daniel Etux Scraya 8600 Shadybrooke Dr 8604 Shadybrooke Dr 8608 Shadybrooke Dr NRH Tx 76182 -8336 NRH Tx 76182 -8336 NRH Tx 76182 -8336 Jenkins- Walker, Aimee Etvir Rrian 8612 Shadybrooke Dr NRH Tx 76182.8336 Lynn, Virgil Etux Anita 861.6 Shadybrooke Dr NRH Tx 76182 -8336 Wright, Robby D Etux Array K 8620 Shadybrooke Dr NRH Tx 76182 -8336 Kocian, Marilyn J 8624 Shadybrooke Dr NRH Tx: 76182 -8336 Burrow, John L & Danielle 8605 Shadybrooke Dr NRH Tx 76182 -8335 Beccone, Gregory Etux Therese 8617 Shadybrooke Dr NRH Tx 76182 -8335 8ofANrhLP 8333 Douglas Ave Ste 1500 Dallas Tx 75225 -5822 Inland Western N Richland H D PO Box 9273 Oak Brook 11 60522-9273 Newman, L H II 8641 Davis Blvd Fort Worth Tx 76182 -8310 Patterson Land Investment Ltd PL] Box 132040 Tyler Tx 75713 -2040 West, Kenneth G Etux Virginia 8628 Shadybrooke Dr NRH Tx 76182 -8336 Buss, Scott A & Billie J 8609 Shadybrooke Dr NRH Tx 76182 -8335 Corbell, Terry R & Jacqueline Corbell Trust 8621 Shadybrooke Dr NRH Tx 76182 -8335 Monsky Brothers Family LP PO Box 67 San Marcos Ca 92079 -0067 Fort Worth Community Credit Lin 1905 Forest Ridge Dr Bedford Tx 76021 -5724 Haltom City Animal Hospital 5705 E Belknap St Fort Worth Tx 76117 -4140 Y & L Enterprises LLC 1190 Lees Meadow Ct Great Falls Va 22066 -1859 Walker, Autumn M Etvir Stephen 8601 Shadybrooke Dr NRH Tx 76182-8335 Bronstad, Roland L Etux Carol 8613 Shadybrooke Dr NRH Tx 76182 -8335 X T O Energy Inc 810 Houston St Ste 2000 Furl Worth Tx 76102-0000 Target Corporation PO Box 9456 Minneapolis Mn 55440 -9456 Anderson, William C 8525 Davis Blvd Fort Worth Tx 76182 -8311 Rhp Real Estate Ltd Etal 100 Independence PI Ste 200 Tyler Tx 75703 -1327 Vanwie, Steven L 8551 Shadybrooke Ct NRH Tx 76182 -8330 Underwood, William E IV & Maxi Ferguson, Maria C Minacapelli, Renato Etux Sally 8555 Shadybrooke Ct 8559 Shadybrooke Ct 8562 Shadybrooke Ct NRH Tx 76182 -8330 NRH Tx 76182 -8330 NRH Tx 76182 -8330 Jarzombek, Jerry J Etux Tricia. 8558 Shadybrooke Ct NRH Tx 76182 -8330 BBoyett, Rasa L 8554 Shadybrooke Ct NRH Tx 76182 -8330 Child, Shannon R 3225 Green Tee Dr Apt 122 Pantego Tx 76013 -3076 ORDINANCE NO. 3238 ZONING CASE ZC 2012 -15 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 8.1937 ACRE TRACT OF PROPERTY FROM AG (AGRICULTRAL) AND C -2 (COMMERICIAL) ZONING TO CS (COMMUNITY SERVICES) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 8.1937 acre tract of land described in the survey description attached hereto located at 8525, 8533 and 8801 Davis Boulevard, in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the site plan as Exhibit A from AG (Agricultural) and C -2 (Commercial) to CS (Community Services) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. 1:1►IIl19 N17- 1I`rI413 PASSED AND APPROVED on this 11th day of February, 2013. IN ATTEST: Patricia Hutson, City Secretary 1�1 :ZG] ►1=112 -114 1101 to] N k ►,1,1:1 III 1 *11111 Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor John Pitstick, Planning & Development Director SURVEY DESCRIPTION TRACT 1A (3.2421 AC.) BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE CITY - OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND BEING ALL OF 3.32 ACRE TRACT OF LAND DESCRIBED IN A DEED TO WILLIAM C. ANDERSON AND RECORDED IN VOLUME 12214, PAGE 1062, VOLUME 12342, PAGE 1666 AND VOLUME 12342 PAGE 1576 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED MY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID 3.32 ACRE WILLIAM, C. ANDERSON TRACT", SAID CORNER BEING IN THE NORTHWEST RIGHT -OF =WAY LIFE OF DAVIS BOULEVARD (F. M. 1938) AND BEING AT A DISTANCE OF SOUTH 69' 40' 00" EAST AT A DISTANCE OF 14.55 FEET FROM THE NORTHEAST CORNER OF LOT 1R, BLOCK 1 OF D. J. ANDERSON ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VPLUME CABINET A, PAGE 42125 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS: THENCE NORTH 89' 40' 00" WEST AND DEPARTING THE NORTHWEST RIGHT -OF -WAY LINE OF SAID DAVIS BOULEVARD (F. M. 19:8) AND ALONG THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT AND PASSING AT A DISTANCE OF 14.55 FEET THE NORTHEAST CORNER OF SAID LOT 'I R, AND ALONG THE NORTH LINE OF SAID LOT 1R AND THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT AND PASSING AT A DISTANCE OF 399.31 FEET THE NORTHWEST CORNER OF SAID LOT 7 R AND A COMMON CORNER OF LOT 2 OF BLOCK 1 OF D.J. ANDERSON ADDITION, AN ADDITION TO THE CITY OF FORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET "A", SLIDE 12125 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, AND CONTNUING ALONG THE SOUTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT AND THE COMMON NORTH LINE OF SAID LOT 2, FOR A, TOTAL DISTANCE OF 308.22 FEET TO A 5/8'3 IRON ROD Slur FOR THE NORTHWEST CORNER OF SAID LOT 2 AND THE SOUTHWEST CORNER OF SA!D 3.32 ACRE WILLIAM C. ANDERSON TRACT AND BEING IN THE EAST LIME OF BLOCK 1 OF STEEPLE RIDGE ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND DILLS, TARRANT COUNTY, TEXAS ACCORDING - 10 THE PLAT THEREOF RECORDED IN CABINET "A' °, SLIDE 873 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE NORTH 00' 38' 45` EAST AND FOLLOWING ALONG THE NEST LINE OF SAID 3.32 ACRE WILUAM C. ANDERSON 'TRACT AND THE EAST LIME OF SAID BLOCK i OF STEEPLE RIDGE ADDITION, FOR A DISTANCE OF 332.43 FEET TO A 5/'8" IRON ROD SET FOR THE NORTHWEST CORNER OF SAID 3.32 AC. - WILLIAM C. ANDERSON TRACT, THENCE SOUTH 89` 59' 46" 'LEST AND DEPARTING THE EAST LINE OF BLOCK 1 OF SAID STEEPLE RIDGE ADDITION AND ALONG THE NORTH LINE OF SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT, FOR A DISTANCE OF 538.52 FEET TO A 5/'8 IRON ROD SET FOR THE NOTHEAST CORNER OF SAID 3.32 ACRE WILLIAM C. ANDERSON TRACT", SAME BEING IN THE NORTHWEST RIGHT-OF-WAY LINE OF DAVIS BOULEVARD (F.M. 1938); THENCE SOUTH 34° 46' 38" [JEST AND FOLLOWING ALONG THE NORTHWEST RIGHT -OF -WAY . LIFE OF DAMS BOULEVARD (F. M. 1938) FOR A DISTANCE OF 405.94 FELT TO THE POINT OF BEGINNING AND CONTAINING 3.2421 ACRES OF LAND, MORE OR LESS. SURVEY DESCRIPTION (CONT.) - MCT 2 (4.7876 AC.) BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND DESCRIBED IN A DEED TO L. H. NEWMAN II AND RECORDED IN VOLUME 4858, PAGE 526, OF TIME DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED MY METES AND BOUNDS AS FOLLOWS. BEGINNING AT A 5/6" IRON ROD SET FOR CORNER IN THE NORTHWEST RIGHT-OF-WAY LINE OF DAMS BOULEVARD (F. M. 195S)SAME BEING THE SOUTHEAST CORNER OF TRACT 2 OF BRENTWOOD ESTATES, AN ADDITION TO THE CITY OF OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 318-97, PAGE 31 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 3T 13' 18 WEST AND rOLLOVANG ALONG THE NORTHWEST FIGHT -OF -WAY LINE OF DAVIS BOULEVARD (F. M. 1935) FOR A DISTANCE OF 399.70 FEET TO A 5/6" IRON ROD SET FOR CORNER, SABRE BEING THE NORTHEAST CORNER OF A 3.32 ACRE TRACT OF LAND DESCRIBED IN A DEED TO WILLIAM C. ANDERSON AND RECORDED IN VOLUME12214, PAGE 1062, VOLUME 12342 PAGE 1676 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 89' 59' 46" WEST AND DEPARTING THE NORTHWEST RIGHT -OF -WAY LINE Or DAVIS BOULEVARD (F. M. 193B) FOR A DISTANCE OF 535.52 FEET TO A 5 /8" IRON ROT) SET" FOR CORNER IN THE EAST LINE OF BLOCK 1 OF STEEPLE RIDGE ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF" RECORDED IN CABINET "A ", SLIDE 873 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE NORTH 00' 1'S' 53" EAST AND FOLLOWING ALONG THE WEST LINE OF SAID 3.32 ACME WILLIAM C. ANDERSON TRACT AND THE EAST LINE OF SAID BLOCK 1 OF STEEPLE RIDGE ADDITION, FOR A DISTANCE OF 314.03 FEET TO A 5 /8" IRON ROD SET FOR CORNER IN THE SOUTH LINE OF 'T'RACT 2 OF AFORESAID BRENTWOOD ESTATES; TIHENCE FORTH Sg' 45' 313" EAST SAND DEPARTING THE EAST LINE OF BLOCK 1 OF SAID STEEPLE RIDGE ADDITION AND ALONG THE SOUTH LINE OF AFORESAID BRENTWOOD ESTATES, FOR A DISTANCE OF 761.76 FEET T4 THE PORG OF BEGINNING AND CONTAINING 4.7876 ACRES OF LAND, MORE OR LESS. SURVEY DESCRIPTION (CONT.) TRACT 1 a (0a 1 64o Ac.) i. BEGINNING AT A 5/8 IRON ROD SET FOR THE SOUTHEAST CORNER OF SAD LOT 1 R, SAID CORNER BEING IN THE NORTHWEST RIGHT -W AY LINE OF DAMS BOULEVARD (F, M. 1938), SAID POINT ALSO BEING THE COMMON NORTHEAST CORNER OF LOT 2 OF BLOCK 1 OF D,J. ANDERSON ADDI°I ON, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRA IT COUNTY, TEXAS ACCORDING TO THE PLAT THEREOF" RECORDED IN CABINET mA ", SLIDE 12125 OF THE PLAT RECORDS OF TAR RANT COUNTY, TEXAS, � � �, '..: -', �..:•� R..t.. �:. :.1 .. i �.. �. '. : c !" � �� ': .. ��.. .. �.. .. a -. •. � . i 4 THENC E SO€,ITH 89' 40' DD" EAS AND FOLLOW ALONG THE NORTH LINE OF SAID LOT 1 R AND THE SOUTH LINE OF SAID 132 ACRE WILLIAM C. AN DERSON IRACT, FOR A. DISTANCE OF 176.76 FEET TO A 5f8 IRON ROD SET FOR THE NORTHEAST CORNER OF SAID LOT 1R. SAID POINT BEING IN THE NORTHWEST RIGHT —CF'—WA's LIME OF DA1dIS BOULEVARD (F. M. 1938). T HE N CE . A ND FOLLOWING ALONG THE NORTHWEST RIGHT—OF—WAY 'LINE OF SAID DAVIS BOULEVARD (F. M. 1938) FOR A DISTANCE OF 32.77 FEET TO A 5/8 IRON ROD SET FOR CORNER; THENCE SOUTH 3,T 50' 00" WEST AND FOLLOWING ALONG THE NORTHWEST RIGHT—OF—WAY LINE OF SAID DAVIS BOULEVARD (F. M. 1938) FOR A DWANCE OF 64.7 P OINT MORE OR LESS. EXHIBIT A iTUX NEW A DOIU .-J I i ------ ------- Ak . . . . .... . .. .. .. . .... 11111 -------------- R - =7 I wz YRAgTl 2 4 y NN, m 0 - '14 =-- -w V ;s cb F- Zmi'� ,� ,.. V - 6 ; : " ---- Z' 4k R i �M'T:U 07w�p =%T_ -1- 4& A 4 y NN, m 0 - '14 =-- -w 15��uLTX y3r F- Zmi'� gmvm zz- ME - - 6 ; : " ---- 1 . T? WTU- U- Iva- -1- A V9 Ix 4 2 W. rA - I XV A 4 il w 0 1 R p ., M17,j i E ff � 71 -�.L i v Lm- lE -- F-Mr C BOUNDARYtrOPOGRAPH4C SURVEY a=- VIA-- 8.1037 ACRES OF LAND LA. NEWMAN, ' PROPERTY WILLIAM C. ANDERION PROPERTY EXCERPT FROM THE MINUTES OF THE JANUARY 17, 2013 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -15 Public Hearing and Consideration of a request from Trinity Partners for a. Zoning Change from AG Agricultural and C -2 Commercial to CS Community Services on Tracts 10F, 11 D and 11 D1 of the T. Peck Survey (A -1209) and Lot 1 R, Block 1, D.J. Anderson Addition located at 8525, 8533 and 8601 Davis Boulevard. Kevin McIntosh, 401 Polo Ct, Colleyville, TX 76034, came forward representing Trinity Partners. We are the developer of the proposed project. We are a commercial real estate development company with 60 years of combined experience. We specialize in the development of land with pad sites, retail strip centers and big box users. On behalf of Trinity Partners and as authorized by the underlying landowners William C. Anderson and Leonard Hays Newman I am requesting a zoning change in the subject property. This property is comprised of 8.194 acres that is currently zoned as C -2 commercial and Agricultural. We would like to change to a CS Community Services zoning. This whole area on Davis Blvd, North Tarrant Parkway and Precinct Line has approximately 500,000 square feet of retail and commercial buildings in the immediate vicinity. The commercial users we develop for like to be close to these large anchor stores such as Target and Walmart. There is approximately 72,000 vehicles per day between these three thoroughfares that surround this retail node. This indicates a large amount of people who want to shop for Community Services. The surrounding properties around us with the exception of the residential to the west are commercially zoned properties for the intention of retail and other service oriented needs. The property abuts 9 lots of the Steeplechase subdivision. We have had 2 meetings with them and we recognize that they have concerns with our project. Some of their concerns were noise, don't want to look at the backs of buildings or people from their backyards, proximity of buildings to their property lines, lights emanating from the backs of buildings. Delivery and garbage trucks and hours of operation and to an extent the property devaluation. We have taken a lot of that into consideration. We are willing to add additional screenage. We are willing to go up to 8 feet masonry screen wall instead of the required 6 feet. The zoning ordinance also calls for 40 percent of the trees to be evergreens. We are willing to increase the percentage of evergreens in order to provide more screening. We would be happy to answer any questions. Clayton Comstock came forward this is a request by Trinity Partners on behalf of William Anderson and Leonard Hays Newman and Haltom City Animal Hospital. The request is a zoning change from AG and C -2 to CS Community Service on 8.19 acres located at 8525,8533 and 8601 Davis Blvd. We notified residents within 200 feet of the zoning change hearing. The zoning is AG and all of the properties that surround it including the PD's for Wal Mart and to the North adopt CS zoning. The only other zoning district in the area is the C -2 zoning that is just to the south and the 0 -1 zoning that is just to the west for the Good Beginnings school. The future landuse designation for the entire retail node of North Tarrant Parkway and Davis Blvd is retail. The existing future land use designation on the subject property is office but given the adjacency of all of the retail would be a valid warranted request for retail. The CS zoning does allow for most of the typical retail restaurant uses, office use also. The residential adjacency standards for commercial developments adjacent to residential includes a 15 foot landscape buffer and 35 foot building setback and 25 foot dumpster setback. The landscape buffer requires them to have 1 tree per 30 feet for the buffer area and 40 percent of those are required to be Evergreens. I would be happy to answer any questions. Chairman Randal Shiflet asked about the additional height of fence and landscaping. Those aren't things that can't be required as part of this process. Clayton Comstock said yes. They are requesting a straight zoning change for CS and we can't behold them to any additional requirements other than what is the standard for normal commercial development which includes the 6 foot masonry wall and the landscape standards which is 1 tree every 30 feet with 40 percent Evergreen, 15 foot landscape buffer and 35 foot setback. Those are the standards that would be applied if they came in for site plan. Bill Schopper asked for clarification on the new lighting requirements. We have revised our lighting standards and the light stops at the property line. Clayton Comstock said that our new lighting ordinance was passed on Monday by City Council. It requires a quarter foot candle cutoff at the property line. We now require glare standards and the actual light bulbs will be screened from view. Residential adjacency requirements include that any light pole within 100 feet of residential property has to be no taller than 20 feet. We also addressed colors of poles, the type of lighting that is require. They cannot use low pressure sodium lights that put off dark orange or blue lights. The lights have to be a white light. Public Hearing opened 7:20 pm Jerry Jarzombek, 8558 Shadybrooke Ct, North Richland Hills, TX 76182, came forward to speak against 2012 -15. I live at the first property that contacts the site. If I thought that I would live in a home that would be 60 feet from a grocery store I wouldn't be living there today. We met with Trinity Partners the other night. The CS zoning opens a wide variety of uses. We would like to know what they are going to place there. The proposal is a grocery store, fast food restaurant and a bank. We have a problem with the CS zoning designation. The things that are listed in CS zoning are a carnival, movie theater, auto parts store, super market, restaurant, cafeteria and shopping mall. I'm not ok with sitting in my yard and listening to the trucks come and load at the grocery store and garbage and cardboard boxes. I would be good with things like a dental office, accounting, medical offices, attorneys. The city had originally designated the future use of that property as office. We have a residential use and that is our highest and best use and it is not changing. We have to figure out how we can have our highest and best use and get along with everyone else. I would like to ask the commission to deny this request from Trinity Partners for the zoning change on this property to CS zone. Marcus Hernandez, 8600 Shadybrooke Drive, North Richland Hills, TX 76182, came forward to speak against 2012 -15. My family will be affected by this proposed development. The part of the property that will be developed the most as far as depth will be the grocery store which will be approximately 22 feet from my back fence. The part of the property that is has the least amount of depth is going to be most developed portion of the property. We moved to this house 5 years ago and we were aware that at some point it would be zoned for commercial. I wasn't expecting that it would be a grocery store. It doesn't make sense how they have it laid out on the property. If stand and look out my master bedroom window I will be able to see the people working on the back dock. My issue is what and how they have this set up for development. I feel like it could be arranged better on the property that would allow for more space from my back fence. Public hearing closed at 7:30pm Chairman Randal Shiflet asked if there is any discussion? Bill Schopper stated that this is one of the lowest commercial intensity zoning that it could be changed to. It makes sense that you want your commercial uses along the main arterials. The zoning that is up on the land use map was done at a time when we were trying to get roads like North Tarrant Parkway built . There were office clusters all over the place. It was an area up north that had nothing going on back in the early 70's and 80's. This is a perfect use for this property. The traffic light there across for perfect makes it work there across from Target. Don Bowen said that the planning & zoning commission doesn't have site plan approval. We aren't able to tell them how to place the businesses on the property. Chairman Randal Shiflet stated that one of the things that was mentioned in our work session by our engineer that there will be a retention area at the back of the property that will be a nonconstructed area. APPROVED Bill Schopper motioned to approve ZC 2012 -15 as proposed. The motion was seconded by Don Bowen and passed unanimously (6 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. D.a PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No Items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. F.1 GN 2013 -009 Award Bid # 13 -006 for Concrete Revitalization at NRH20 to C.C. Zamora Construction, LLC in the Amount of $84,016. Presenter: Bill Thornton, Assistant Parks Director Summarv: The City Council is being asked to award the contract for removing and replacing 17,350 square feet of concrete decking around the Wave Pool and Tube Slide areas at NRH20 Family Waterpark to C.C. Zamora Construction, LLC. General Descrivtion: Funding is available for this project in the currently approved Capital Project Budget for WP1302, Concrete Revitalization. The existing concrete located throughout the park has been in place since 1995. The age of the facility, along with shrinkage and expansion of the soil substrate, has contributed to the concrete failing in numerous areas. Over the years staff has patched and replaced smaller sections of concrete throughout the park. Replacing larger sections will allow for greater longevity and a more pleasing aesthetic appearance. After evaluating and prioritizing all concrete work needed within the park, approximately 15,550 square feet will be replaced in areas surrounding the Wave Pool and about 1,800 square feet will be replaced in areas surrounding the Tube Slides. Notice of the City's intent to bid was advertised in the local newspaper as required by State Statute, and posted on the City's website. Notice of the City's intent to bid was also sent to several vendors requesting them to participate in this bid process. Purchasing received 11 responses as follows: Base Bid + Alt 2 + Alt Vendor Base Bid Alternate 1 Altemate 2 Alternate 3 Alternate 4 3 +Aft 4 Use 5" thick 11,500SFT Eastof concrete instead of 2,100 SFTSouth of 1,950 SFr North of 1,800 SFT Northwest Wave Pool - 4" thick 4" thick in Base Bid Wave (Pool - 4" thick Wave Pool - 4" thick of Tube Slides - 4° concrete location concrete concrete thick concrete C.C. Zamora $ 52,775.00 $ 58,875.00 $ 10,575,00 $ 10,566.00 $ 10,100.00 Construction, LLC $ 84,016.00 MSU Industries, LLC $ 67,275.00 $ 70,150.00 $ 12,285.00 $ 11,407.50 $ 10,530.00 $ 101,497.50 P.C. Construction, LLC $ 73,381.00 $ 7,036.00 $ 11,702.00 $ 11,38200 $ 8,174.00 $ 104,639.00 North Rock Construction, $ 61,880.00 $ 6,000.00 $ 15,900.00 $ i5,00D.D0 $ 13,950.00 LLC $ 106,730.00 MH B Co n st ructi on $ 75000.00 $ 9,895.00 $ 13,800.00 $ 12801100 $ 12,000.00 $ 113,600.00 MB Concrete $ 79,700.00 $ 6,400.00 $ 14,100.00 $ 13,100.00 $ 12,200.00 Construction, Inc. $ 119,100.00 Klutz Construction, LLC $ 79,30p.00 $ 4,700.00 $ 15,800.00 $ 15 300.00 $ 14,500.00 $ 124,900.00 Cates, Courtney & $ 86,250.QD $ 99,700.00 $ 15,750.00 $ 14,625.00 $ 13,500.00 Roebuck, Inc. $ 130,125.00 A & B Dallas $ 90,275.00 $ 96,485.00 $ 16,485,00 $ 15,307.50 $ 14,140x00 Construction, LLC $ 136 Advanced Paving $ 84804.00 $ 15,072.00 $ 16,187.00 $ 18,295.00 $ 17,990.00 Company $ 137,276.00 C. Green Scaping, LP 1 $ 101,555.001 $ 6,900.00 1 $ 18,170.001 $ 17,015,001 $ 15,860.001 $ 152,600.00 The City has elected to select the Base Bid plus alternates 2, 3 and 4. All of the bids were evaluated by adding the base bid with alternates 2, 3, and 4. Alternate 1 is rejected due to inconsistent pricing by the vendors. C.C. Zamora Construction is the low bidder and has successfully performed similar work in the DFW Metroplex. Recommendation - . To Award Bid # 13 -006 for Concrete Revitalization to C.C. Zamora Construction, LLC in the Amount of $84,016. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. F.2 GN 2013 -011 Authorize Contract with Centerline Supply Company for Construction and Installation of Wayfinding Signage Presenter: Craig Hulse, Director of Economic Development Summarv: The Cities of North Richland Hills and Hurst are partnering to develop a joint Wayfinding signage program (ED 1101). This item is to authorize the City Manager to execute an agreement with Centerline Supply Company for the construction and installation of the wayfinding signs. General Description: The Wayfinding Signage project was approved by City Council in the 2010/2011 Capital Improvements Budget. Wayfinding is the methodology of providing indicators to guide people to major destinations. Not only do wayfinding signs improve mobility, but they also illustrate a sense of community and a marketing function by highlighting various amenities available to both citizens and visitors. The central sector of the City contains many local and regional destinations where wayfinding will serve as an enhanced guide. A result from the last Council Goals Session was the desire to partner with neighboring cities on projects or programs that provide mutual benefit, with the wayfinding project an initial opportunity. Given that direction, staff approached the City of Hurst about the wayfinding partnership. The City of Hurst agreed that the partnership would be beneficial to both communities because we share both common borders and intersections. After interviewing several firms specializing in signage and wayfinding, the City hired Centerline Supply Company to design the wayfinding. Centerline not only impressed us with their knowledge and good reputation, but they also have an excellent relationship with TxDOT. Being that a few of these signs will be placed in TxDOT right -of -way, staff from both cities felt that Centerline was the best fit to complete this project. In ,June of 2012, Council was presented in a work session multiple design options for the wayfinding signs. After hearing their feedback, it was decided that the following design would be used: r I I II Since the presentation on the wayfinding design, Centerline has been working on pinpointing where the signage would be located. Based on the list of regional destinations staff gave to them, Centerline came up with the following sign locations: 1. Northwest corner of Mid Cities and Precinct Line 2. Southwest corner of Mid Cities and Precinct Line Road 3. Northeast corner of Mid Cities and Hawk 4. Southwest corner of Mid Cities and Hawk 5. Northwest corner of Emerald Hills Way and Boulevard 26 6. South side on Boulevard 26 past Pearl Drive 7. North side of Harwood and Boulevard 26 8. South side of Boulevard 26 and Pearl Drive 9. South side of Harwood past Campus Drive 10. South side of Harwood and Wayland Drive 11. Southeast corner of Mid Cities and Davis Boulevard 12. Northwest corner of Mid Cities and Davis Boulevard 13. Southwest corner of Davis Boulevard and North Richland Boulevard 14. East Corner of Davis Boulevard and Mockingbird Lane 15. Northwest corner of Davis Boulevard and Emerald Hills Way 16. Southeast corner of Davis Boulevard and Emerald Hills Way 17. Corner of Davis Boulevard and Harwood 18. Corner of Davis Boulevard and Clark Street 19. South corner of Boulevard 26 and Ash Street 20. North corner ©F Bedford Euless Road and (Loop 820 Frontage Road 2.1. Corner of Booth Calloway and Blackmon Road 2.2. Corner of Loop 820 Service Road and Boulevard 26 23. Northeast corner of Booth Calloway and Glenview Drive Upon execution of the agreement, Centerline Supply Company will have 180 calendar days to complete the project. Recommendation: Authorize the City Manager to execute an agreement with Centerline Supply Company for the construction and installation of wayfinding signs. CIID]i,&Id MI41 i[*1ZFTICIN4=1 ?AI=1z►I� STATE OF TEXAS § COUNTY OF TARRANT § Contract RFP 12 -015 This Contract, made and entered into this day of 2013, by and between the City of North Richland Hills of Tarrant County, Texas, a municipal corporation, hereinafter called "Owner," and Centerline Supply, LTD, hereinafter called "Contractor." WITNESSETH: For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: I& Lilt d me] tii`A'iTI -A MI1►1a]I,!ICI 11[c] ►1,[C]MM9311:14I City of North Richland Hills RFP# 12 -015 in the City of North Richland Hills, Texas, and all extra work in connection therewith, under the terms as stated in the Standard Specifications for Public Works and Transportation Construction as it may be amended from time to time (hereinafter called "Standard Specifications "), and under the terms of the Special Provisions of this Contract; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract documents, incorporated herein as if written word for word, and in accordance with the plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the specifications as prepared by City of North Richland Hills hereinafter called Owner, who has been identified by the endorsement of the Contractor's written proposal, these General Provisions of the Standard Specifications, the Special Provisions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. The Contractor hereby agrees to commence work within ten (10) days from the beginning date of the project as provided in the written Notice to Proceed and to complete the work within 180 calendar days from the beginning date of the project. The Owner agrees to pay the Contractor, as full compensation for all products provided hereunder, the amount submitted in the RFP #12 -015, attached hereto as Exhibit A, subject to additions and deletions, as provided therein. This Contract is entered into subject to the Charter and ordinances of Owner, as they may be amended from time to time, and is subject to and is to be construed, governed, and enforced under all applicable State of Texas and federal laws. Situs of this Contract is agreed to be Tarrant County, Texas, for all purposes including performance and execution. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Contract is held for any reason to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, or conditions of this Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Owner reserves the right to terminate this agreement immediately upon breach of any term or provision of this Contract by Contractor; or, if any time during the term of this Contract, Contractor shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide Services in an efficient, timely, and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel and equipment to complete the work or fail to perform any of its obligations under this Contract, then Owner shall have the right, if Contractor shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract and complete the work in any manner it deems desirable, including engaging the Services of other parties therefore. Any such act by Owner shall not be deemed a waiver of any other right or remedy of Owner. If after exercising any such remedy the cost to Owner of the performance of the balance of the work is in excess of that part of the Contract sum which has not theretofore been paid to Contractor hereunder, Contractor shall be liable for and shall reimburse Owner for such excess. No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but, each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. Contractor's status shall be that of an independent Contractor and not an agent, servant, employee or representative of Owner in the performance of this Contract. No term or provision of, or act of Contractor or Owner under this Contract shall be construed as changing that status. This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without the written agreement of the parties. Owner and Contractor each bind themselves, their successors, executors, administrators and assigns to the other party to this Contract. Neither Owner nor Contractor will assign, sublet, subcontract or transfer any interest in this Contract without the written consent of the other party. No assignment, delegation of duties or subcontract under this Contract will be effective without the written consent of Owner. It is further agreed that one or more instances of forbearance by the City in the exercise of its rights herein shall in no way constitute a waiver thereof. IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and date first written above. OWNER: CONTRACTOR: By Signature Company Name Typed/Printed Name Tax Identification Number By Title Signature Address Typed/Printed Name City State Zip Title Exhibit A This contract includes the design, manufacturing and installation of 23 signs (locations listed below) in the amount not to exceed $100,000 based upon the City Council approved design. The City Council approved design: Wfm MMA �W I IMF Locations: 1. Northwest corner of Mid Cities and Precinct Line 2. Southwest corner of Mid Cities and Precinct Line Road 3. Northeast corner of Mid Cities and Hawk 4. Southwest corner of Mid Cities and Hawk 5. Northwest corner of Emerald Hills Way and Boulevard 26 6. South side on Boulevard 26 past Pearl Drive 7. North side of Harwood and Boulevard 26 8. South side of Boulevard 26 and Pearl Drive 9. South side of Harwood past Campus Drive 10. South side of Harwood and Wayland Drive 11. Southeast corner of Mid Cities and Davis Boulevard 12. Northwest corner of Mid Cities and Davis Boulevard 13. Southwest corner of Davis Boulevard and North Richland Boulevard 14. East Corner of Davis Boulevard and Mockingbird Lane 15. Northwest corner of Davis Boulevard and Emerald Hills Way 16. Southeast corner of Davis Boulevard and Emerald Hills Way 17. Corner of Davis Boulevard and Harwood 18. Corner of Davis Boulevard and Clark Street 19. South corner of Boulevard 26 and Ash Street 20. North corner OF Bedford Euless Road and Loop 820 Frontage Road 21. Corner of Booth Calloway and Blackmon Road 22. Corner of Loop 820 Service Road and Boulevard 26 23. Northeast corner of Booth Calloway and Glenview Drive M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. G.4 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. G.1 Action on Any Item discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. H.a INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject: Agenda Item No. H.1 Announcements - Councilman Turnage Announcements 13"" Annual Bunny Drive The City of North Richland Hills is participating in the 13th Annual Bunny Drive benefiting Cook -Fort Worth Children's Medical Center. The drive will take place February 25 through March 7, 2013. You can help by donating a new stuffed animal in the lobby at City Hall, 7301 NE Loop 820; the NRH Centre, 6000 Hawk Ave; or the NRH Public Library, 9015 Grand Ave. The donations will be delivered to children who are in the hospital on the afternoon of March 8, 2013. Easter in the Park Hop on out and join us on Saturday, March 23, 2013 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. Activities will include an Easter egg hunt with over 25,000 eggs and prizes, a visit by the Easter bunny, bounce houses, train rides, a petting zoo, and performances by local dance groups. The egg hunt begins promptly at 10 a.m., so be sure and bring your baskets and don't be late! This event is sponsored by the City of North Richland Hills and Life Church. Don I Text and Drive. It Can Wait The North Richland Hills Police and Fire Departments recently partnered with AT &T to produce a video that raises awareness of the dangers associated with texting while driving. The video, which will be used in AT&T's national "It Can Wait" campaign, shows a driver texting from the phone's perspective. Please take a few moments to watch the video and to share it with your friends and family. The video can be found on the City's homepage www.nrhtx.com under "News Flash." Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. David Grantham and Ron Newman, Parks and Recreation Department A family relocating from West Texas was impressed with the terrific tour of the NRH Centre they received from David. They were impressed with the care he took in welcoming them to the City and the Centre. Ron also spoke with them about preschool programs and they appreciated his quick response in answering all their questions. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 2 -11 -2013 Subject Agenda Item No. H.2 Adjournment