Loading...
HomeMy WebLinkAboutCC 2015-01-26 Agendas k4FItH NOKTH KICHL.F,ND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 MONDAY, JANUARY 26, 2015 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss Items from Regular City Council Meeting 2. Discuss 2014 Police Department Annual Report. (15 Minutes) 3. Discuss 2015 State Legislative Program. (15 Minutes) 4. Discuss Quarterly Financial Status Report. (15 Minutes) EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. 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. 1. Section 551.087: Deliberation regarding economic development negotiations in south sector of the City. 2. Section 551.071 Texas Government Code for consultation with attorney to seek advice about pending or threatened litigation or a settlement offer: (1) Melissa Andrews v. City of North Richland Hills, Cause No. DC-15-000257; (2) City of North Richland Hills v. 7-Eleven Corporation, Cause No. 2013-0034992-3; (3) City of North Richland Hills v. Woodcrest Marketplace, et al, Cause No. 2013- 000593-1; (4) City of North Richland Hills v. Windward Partners VII, et al, Cause No. 2013-003362-1. Monday January 26, 2015 City Council Agenda Page 1 of 3 REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER LOMBARD A.2 PLEDGE - COUNCIL MEMBER LOMBARD A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 5. 2014 United Way Campaign Presentation 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. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. 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 Approve minutes of the January 12, 2015 City Council meeting. B.2 Authorize City Manager to execute DART License Agreement for use of DART right of way for city utilities. B.3 Authorize the City Manager to execute Tarrant County Interlocal Agreements for capital improvement projects ST0401, ST0202 and ST1304. B.4 Consider Approval of a Resolution Supporting Increased Funding for the Texas Recreation and Parks Local Park Grant Program and the Texas State Park System - Resolution No. 2015-002 B.5 Authorize the City Manager to Execute a Professional Services Contract with Aquatic Design Group for the NRH2O Slide Tower Replacement Project, in the amount of$179,000. C. PUBLIC HEARINGS C.1 RP 2015-01 Public Hearing and consideration of a request from William A. Sandlin for a Replat of Lot 2R1, Block 1, Davis-North Tarrant Parkway Addition located at 8350 Davis Boulevard. Monday January 26, 2015 City Council Agenda Page 2 of 3 • D. PLANNING AND DEVELOPMENT D.1 AP 2015-01 Consideration of a request from NRH-Tarrant Properties, LLC for an Amended Plat for Harmon Farms on 9.059 acres in the 7300 block of Eden Road. D.2 FP 2015-01 Consideration of a request from Pulte Homes of Texas, L.P. for a Final Plat of the Reserve at Forest Glenn; being 74 Lots on 28.94 acres located at the northeast corner of Smithfield Road and Bursey Road, and its associated Watercourse Maintenance Agreement. E. PUBLIC WORKS F. GENERAL ITEMS F.1 Discuss Ordinance No. 3343 and referendum petition. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER TURNAGE 1 H.1 Announcements. 1 I. ADJOURNMENT i i i Certification IuINMdNNiy ``�•t.'.,... •O q is I do hereby certify that the above notice of meeting of the North Richl ;At., City "....s.% Council was posted at City Hall, City of North Richland Hills, Texas in cq` liancerwith Chapter 551, Texas Government Code on January 23, 2015 at 3:00 PM. =u:: is/ •• - •Idj/ / f I WA i<<(Z'.�'��i A.s'.tant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours 4 prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. I 4 i , REMOVED FROM POSTING BOARD i Date:na,/64��/.5.-- By: Leibvi Ay i Monday January 26, 2015 City Council Agenda Page 3 of 3 1 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Discuss Items from Regular City Council Meeting Presenter: Alicia Richardson, City Secretary Summary: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. General Description: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. Packet Pg.4 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Discuss 2014 Police Department Annual Report. (15 Minutes) Presenter: Jimmy Perdue, Director of Public Safety Summary: The North Richland Hills Police Department Annual Report for 2014 provides a snapshot of the Police Department's activity during the calendar year. It shows a variety of activity measurements indicating the effort of the dedicated Police Department employees. General Description: We experienced a 7.5% drop in Part I crimes for 2014 when compared to 2013. Significant decreases were seen in both burglaries and aggravated assaults, and comparative data over the past nine years for all Part I crimes indicates an overall downward trend. Also, a 5% decrease was experienced in Part 11 offenses for 2014 when compared to the previous year. During 2014, we continued to improve both our efficiency and effectiveness in serving our community. We strengthened partnerships with community members and continued to improve the delivery of shared services. Our commitment to excellence in all police services was demonstrated through several key actions and recognitions we received during 2014. Our programs and accomplishments are detailed within the attached report. Packet Pg.6 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Discuss 2015 State Legislative Program. (15 Minutes) Presenter: Kristin James, Assistant to the City Manager Summary: The purpose of this agenda item is to seek Council consensus of the priority legislative issues for the City of North Richland Hills for the 84th Texas Legislative Session. General Description: The legislative program is intended to be a guide to our legislators to inform them of the City's position on issues we expect will be raised during the legislative session. Pre- filing of bills started on Monday, November 10, 2014 with more than 500 bills filed during the pre-filing period. The 84th Texas Legislative Session convened at noon on Tuesday, January 13, 2015 and lasts 140 days ending on June 1, 2015. As in the past, we have used four guiding principles to determine positions on various issues. These four guiding principles are: • Opposition of any legislation that erodes the authority to govern our own local affairs; • Need for a predictable and sufficient level of revenue for the provision of capital infrastructure and for ensuring citizens health and safety; • Opposition of unfunded mandates; and • Support for legislation that enhances the quality of life for our citizens Based on these guiding principles, staff has identified a number of priority legislative issues. They are as follows: • Preserve cities ability to govern their own affairs; • Preserve local control of land use planning and zoning; • Preserve an equal, fair and uniform property tax system; • Preserve local revenue sources; • Pursue sustainable funding sources for existing and alternative transportation systems; and • Public safety. Packet Pg.6 D r4 NO&TH KICHLAND HILLS These priority issues will be added to and modified as needed throughout the session. We expect the workload of the 84th Texas Legislative Session to be about the same as the last regular session where almost 6,000 bills were filed, and of these, over 1,400 were passed. Staff will be monitoring city related bills and issues and will provide regular updates to Council throughout the legislative session. We will also keep you informed regarding any legislative alerts or contacts that need to be made during the session. Packet Pg.7 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Discuss Quarterly Financial Status Report. (15 Minutes) Presenter: Mark Mills, Director of Budget & Research Summary: At the January 26, 2015 City Council Work Session, staff will present the Quarterly Financial Status Report for the period ending December 31, 2014. General Description: Staff will present a quarterly financial status report to the City Council. This report will include a brief presentation that highlights the major operating funds of the City. The presentation will focus on revenue and expenditures to date in relation to expectations, followed by an opportunity for staff to address any questions. Packet Pg.8 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Section 551.087: Deliberation regarding economic development negotiations in south sector of the City. Presenter: Craig Hulse, Director of Economic Development Packet Pg.9 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Section 551.071 Texas Government Code for consultation with attorney to seek advice about pending or threatened litigation or a settlement offer: (1) Melissa Andrews v. City of North Richland Hills, Cause No. DC-15-000257; (2) City of North Richland Hills v. 7-Eleven Corporation, Cause No. 2013-0034992-3; (3) City of North Richland Hills v. Woodcrest Marketplace, et al, Cause No. 2013-000593-1; (4) City of North Richland Hills v. Windward Partners VII, et al, Cause No. 2013- 003362-1. Presenter: George Staples, City Attorney Packet Pg. 10 r4R NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: 2014 United Way Campaign Presentation Presenter: Paulette Hartman, Assistant City Manager Summary: The 2014 NRH United Way Employee Workplace Campaign raised more than $53,000 for the United Way of Tarrant County. During the City Council meeting, a check will be presented to Faye Beaulieu, Regional Director of the United Way Northeast. General Description: The City of North Richland Hills is proud to support the Tarrant County United Way annual fund-raising campaign. Each year a United Way Employee Committee raises funds and awareness for the non-profit organization. The United Way workplace campaign brings employees together to help tackle our community's most difficult issues in the areas of education, financial stability and health. The 2014 campaign, which ended in November, included several events and activities including a silent auction, employee payroll deduction program, employee luncheon, golf tournament, community dining program and other fund-raising activities. The inaugural NRH United Way We Golf Tournament was a success with more than 20 area businesses providing sponsorships. The second annual United We Dine program was also a success with participating restaurants donating a portion of their proceeds on designated days to United Way campaign. Participating restaurants included: • Niki's Italian Bistro, 5249 Davis Blvd Red, Hot & Blue, 9143 Boulevard 26, Suite 620 Root's Coffeehouse, 9101 Blvd 26, Suite 101 Mama's Pizza, 9101 Blvd. 26, Suite 131 From Across the Pond, 8447 Blvd 26 Thanks to the generosity of our employees, this year's campaign exceeded its goal of $40,000 by raising $53,818.55. We would like to thank Campaign Chair Sharon Davis and the members of the 2014 United Way Campaign Committee for their hard work and commitment to helping people of this community and Northeast Tarrant County. Kathy Corley - Co-chair, Fire Gina Pierce, Municipal Court Rick Hulme, Facilities & Construction Nick Burns, Information Services Timothy Leith, Police Debbie Nix, City Manager's Office Packet Pg. II A.3.1 r4R NO&TH KICHLAND HILLS Jodi Griggs, Parks and Recreation Susan Honea, Public Works Argie Potter, Utility Services Cindy Garvin, Planning and Inspection Jeff Arnold, Fleet Services Teresa Franklin, Public Works Cecilia Barham, Library Stephanie East, Neighborhood Services Bryon Bustamante, NRH2O Nancy Holcomb, Human Resources Leah Burger, Communications Kathryn Engel, Library Jennipher Castellanos, Budget Eva Ramirez, Purchasing Kori Tolfa, Library James Brown, Fire Kevin Palmer, Police David Webb, Richland Tennis Center Recommendation: N/A Packet Pg. 12 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Approve minutes of the January 12, 2015 City Council meeting. Presenter: Alicia Richardson, City Secretary Summary: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. General Description: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. Recommendation: To approve the January 12, 2015 City Council meeting minutes. Packet Pg. 13 B.1.a 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 12, 2015 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the -- 12t" day of January 2015 at 5:30 p.m. in the City Council Workroom prior to the 6:30 E p.m. regular Council meeting. E Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern o Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 LO David Whitson Council, Place 5 N Scott Turnage Council, Place 6 ci Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager c Mike Curtis Managing Director Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary George Staples City Attorney Q Mary Peters Public Information Officer a John Pitstick Director of Planning & Development Craig Hulse Director of Economic Development M Kyle Spooner Director of Information Services Stan Tinney Fire Chief Monica Solko Assistant City Secretary o Kristin James Assistant to City Manager Kirk Marcum Assistant Fire Chief N Mike Young Assistant Police Chief Rick Scott Assistant Police Chief E Dave Pendley Chief Building Official Caroline Waggoner City Engineer .2 Clayton Comstock Senior Planner Frank Fiorello Technical Services Coordinator Jerry Lewandowski Purchasing Manager Laury Fiorello Assistant Finance Director Bill Thornton Assistant Parks and Recreation Director January 12, 2015 Page 1 of 10 Packet Pg. 14 B.1.a Boe Blankenship Public Works Streets Superintendent Billy Owens Emergency Management Coordinator Call to Order Mayor Trevino called the meeting to order at 5:30 p.m. 1. Discuss items from regular City Council meeting. -- There were no questions from Council. E 2. Presentation of new mass notification system (Everbridge) for severe weather and other emergencies. o U Emergency Management Coordinator Billy Owens informed Council the city is switching vendors, which will allow unlimited users, on-the-fly conference calls, true-SMS text LO messages and more versatile internal notifications. Staff has experienced delayed N weather messages, limited internal use and accessibility to subscriber data with the N current system. Staff will take a proactive approach to notify current subscribers of the new notification system. Information will be placed on the city website to include instructions how to subscribe to the new notification system. Mr. Owens commented that training will be provided for staff and members of City Council. w Council had no questions for staff. C EXECUTIVE SESSION E Mayor Trevino announced at 5:38 p.m. that the Council would adjourn into Executive c Session as authorized by Chapter 551, Texas Government Code, specifically Section Q 551.072 to deliberate the purchase, exchange, lease or value of real property in the a south sector of the city and Iron Horse Boulevard and Section 551.087 deliberation regarding economic development negotiations in the south sector of the city. Executive Session began at 5:38 p.m. and concluded at 6:02 p.m. N TL Mayor Trevino announced at 6:02 p.m. that Council would adjourn to the regular Council meeting. o N REGULAR COUNCIL MEETING E A. CALL TO ORDER Q Mayor Trevino called the meeting to order January 12, 2015 at 6:30 p.m. ROLL CALL January 12, 2015 Page 2 of 10 Packet Pg. 15 B.1.a Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 -- Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager E Paulette Hartman Assistant City Manager Mike Curtis Managing Director 0 Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary LO George Staples City Attorney N Monica Solko Assistant City Secretary ci A.1 INVOCATION Mayor Pro Tern Wright Oujesky gave the invocation. w 0 A.2 PLEDGE Mayor Pro Tern Wright Oujesky led the pledge of allegiance to the United States and Texas flags. 0 L A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Q M A.3.1 2014 CHRISTMAS LIGHTING WINNERS Keep NRH Beautiful Chair Kathy Luppy recognized and presented the following citizens with certificates for being named a winner in the 2014 Christmas lighting: Area 1, o Patricia Weaver, 6216 Windsor; Area 2, David DeMoss, 4624 Cummings; Area 3, Heath & Lindsay Kirkwood, 6637 Meadowridge Court; Area 4, Kevin and Lanette Selves, 5701 N Robins Way; Area 5, Don and Betty Hill, 6129 Winter Park; Area 6, Javier Esquivel, 7516 Chapman; Area 7, Phil and Susan Sorrells, 8920 Martin; Area 8, Albert and E Beverly Davis, 8000 Canyon Oak and Area 9, Kellee Heldoorn, 8117 Shady Oaks. Ms. Luppy thanked members of the Keep NRH Beautiful Commission for their service. a Those serving on the Commission are: Holly Bullington, Tiffany Eddleman, Amy Steele, Doris Tipps, Sandra Totty, Donah Tyner and Justin Welborn. AA CITIZENS PRESENTATION January 12, 2015 Page 3 of 10 Packet Pg. 16 B.1.a Mr. Tolbert Jenkins, 8001 Limerick Lane, commented on the condition of Irish Spring Lane and Emerald Hills Way. The city placed asphalt in November, but the condition of the streets are still bad. Mr. Jenkins also commented on the recent approval of the ordinance regarding solar panels. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. -- B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED E B.1 APPROVE MINUTES OF THE DECEMBER 8, 2014 CITY COUNCIL MEETING. o U B.2 AUTHORIZE PAYMENT TO PHYSIO-CONTROL, INC., IN THE AMOUNT OF $74,097.90 FOR THE NECESSARY REPLACEMENT OF (2) LIFEPAK12 LO DEFIBRILLATORS TO (2) LIFEPAK15 DEFIBRILLATORS. N N r B.3 APPROVE RESOLUTION NO. 2014-001, ADOPTING THE NEW CLEAN FLEET POLICY R14-10. B.4 AUTHORIZE PAYMENT TO THE CITY OF FORT WORTH IN THE AMOUNT OF $108,288 FOR THE ANNUAL RADIO SYSTEM SERVICES c INFRASTRUCTURE. B.5 AUTHORIZE THE CITY MANAGER TO ENTER IN A CONTRACT WITH DFW COMMUNICATIONS FOR RELOCATION AND INSTALLATION OF PUBLIC SAFETY DISPATCH CONSOLES TO THE NEW CITY HALL IN THE AMOUNT OF $93,336.17. Q B.6 APPROVE FINAL CHANGE ORDER TO THE CONSTRUCTION CONTRACT M WITH 2L CONSTRUCTION LLC FOR THE JOHN BARFIELD AND CALLOWAY BRANCH TRAIL PROJECTS IN THE AMOUNT OF $146,115. B.7 AUTHORIZE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH SPILLMAN TECHNOLOGIES, INC. FOR A NEW CAD/RMS N SYSTEM IN THE AMOUNT OF $1,641,904. E B.8 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH SCIENS CONSULTING FOR THE IMPLEMENTATION OF THE NEW CAD/RMS IN AN AMOUNT NOT TO a EXCEED $125,000. B.9 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS, January 12, 2015 Page 4 of 10 Packet Pg. 17 B.1.a HALTOM CITY, WATAGUA AND RICHLAND HILLS OBLIGATING EACH FOR THE FUNDS EXPENDED FOR THE ACQUISITION OF THE SPILLMAN CAD/RMS SYSTEM. B.10 CONSIDER AMENDMENT TO THE INTERLOCAL AGREEMENT FOR SHARED SERVICES BETWEEN THE CITIES OF NORTH RICHLAND HILLS, HALTOM CITY, WATAUGA AND RICHLAND HILLS. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. E MOTION TO APPROVE CARRIED 7-0. 0 Mayor Trevino announced that City Council will move to items D1 and D2. U D. PLANNING AND DEVELOPMENT LO 0 N D.1 FP 2014-14 CONSIDERATION OF A REQUEST FROM CAMBRIDGE NRH N DEVELOPMENT, LLC FOR A FINAL PLAT FOR 60 RESIDENTIAL LOTS IN THE CAMBRIDGE PLACE ADDITION ON 17.397 ACRES IN THE 6800 BLOCK OF IRON HORSE BOULEVARD. APPROVED w Council member Welch completed and filed an affidavit of disqualification with the City Secretary stating the nature of the interest as being the engineer of record for the project. Council member Welch left the dais at 6:45 p.m. E Mayor Trevino called on Director of Planning and Development John Pitstick to present 0 the item. CL a Director of Planning and Development John Pitstick presented item to Council. The purpose of the request is to consider a re-approval of the Final Plat for Cambridge Place located on the north side of Iron Horse Boulevard and east of Rufe Snow Drive. The N Final Plat was originally approved by the City Council during the summer of 2014. The developer has worked with the City to provide public accessible trailhead parking area for the Cottonbelt Trail within the development. Cambridge Place will consist of 60 0 single-family residential lots, two (2) public open space lots, three (3) common `* homeowner association open space lots, a gas valve station lot and a formal dedication of the existing 20-foot hike and bike trail easement for the Cottonbelt Trail to the City of E North Richland Hills. The plat was not recorded with the Tarrant County Clerk; therefore the action before Council this evening is to re-approve the Final Plat. The a Planning and Zoning Commission at their December 18, 2014 meeting recommended approval with a vote of 5-0. Mr. Pitstick commented that staff recommends approval of FP 2014-14. January 12, 2015 Page 5 of 10 Packet Pg. 18 B.1.a Applicant Scott Sandlin presented the request and was available to answer questions from Council. Council had no questions for staff or the applicant. COUNCIL MEMBER LOMBARD MOVED TO APPROVE FP 2014-14. COUNCIL MEMBER WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0-1 WITH COUNCIL MEMBER WELCH ABSTAINING. d D.2 FP 2014-07 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH E RICHLAND HILLS FOR A FINAL PLAT FOR LOTS 7 AND 8, BLOCK 8, SMITHFIELD ACRES ADDITION, 2ND SECTION ON 1.1255 ACRES AT 6936 c SMITHFIELD ROAD. APPROVED U LO Council member Welch returned to the dais at 6:53 p.m. N Mayor Trevino called on Director of Planning and Development John Pitstick to present ci the item. Director of Planning and Development John Pitstick presented item to Council. The purpose of the request is to approve the Final Plat related to the condition of the sale of the property from North Richland Hills to Rise and Shine Homes. The plat abandons a c curve in the right-of-way for Smithfield and Turner and rededicates the area for developable use. The Planning and Zoning Commission at their December 18, 2014 meeting recommended approval with a vote of 5-0. Mr. Pitstick commented that staff recommends approval of FP 2014-07. 0 0 Council had no questions for staff. Q COUNCIL MEMBER WELCH MOVED TO APPROVE FP 2104-07 AS PRESENTED. MAYOR PRO Q TEM WRIGHT OUJESKY SECONDED THE MOTION. M MOTION TO APPROVE CARRIED 7-0. 0 Mayor Trevino announced that Council would move to item F1. 0 N F. GENERAL ITEMS 0 E F.1 CONSIDER ORDINANCE NO. 3344 (SECOND READING), AWARDING THE SOLID WASTE AND RECYCLING COLLECTION CONTRACT TO REPUBLIC Q WASTE SERVICES. APPROVED Assistant City Manager Karen Bostic summarized item for Council. The new solid waste and recycling collection contract includes the following: January 12, 2015 Page 6 of 10 Packet Pg. 19 B.t.a • Two times a week "take all" service on Monday/Thursday and Tuesday/Friday; • Once a week curbside recycling using 65 gallon carts on one of the regularly scheduled trash days; • Curbside Christmas tree collection plus drop-off locations; • All city facilities receive free collection; • 84 free hauls of roll off containers for the city; • $15,000 donation each year to Keep NRH Beautiful; • $10,000 donation per year for senior programming; • 2 free hauls to the landfill for residents (new service with this contract); E • Dedicated route supervisor for North Richland Hills; • Five holidays per year with make-up days; c • Five-year initial term with two one-year extensions upon mutual agreement; and • Annual adjustment beginning in year two equal to 2.75% or DFW CPI, whichever is greater, but not to exceed 4.5% LO 0 N Ms. Bostic advised that residents will see an increase of $1.77 on their monthly bill. ci The franchise ordinance requires two readings by the City Council. Tonight is the second reading of the ordinance. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE ORDINANCE NO. 3344, AWARDING THE SOLID WASTE AND RECYCLING COLLECTION CONTRACT TO REPUBLIC WASTE SERVICES. w COUNCIL MEMBER LOMBARD SECONDED THE MOTION. d MOTION TO APPROVE CARRIED 7-0 E d Mayor Trevino announced that Council would move to item C1. o' L Q Q C. PUBLIC HEARINGS a M C.1 SUP 2014-15, ORDINANCE NO. 3349, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JASON'S DELI FOR A SPECIAL USE PERMIT TO REQUEST THE ALLOWANCE OF MATERIALS OTHER o THAN THOSE SPECIFIED IN THE MASONRY DEFINITION FOR NEW CONSTRUCTION IN THE NORTH RICHLAND HILLS CODE OF ORDINANCES N FOR A 1.69 ACRE PARCEL LOCATED AT 8517 DAVIS BOULEVARD. APPROVED 0 Mayor Trevino opened the public hearing and called on Senior Planner Clayton a Comstock to present the item. Senior Planner Clayton Comstock summarized item for Council. Mr. Comstock informed Council the request before them tonight is to consider a Special Use Permit submitted on behalf of Jason's Deli by GDP Group. The request is to construct a 2,730 January 12, 2015 Page 7 of 10 Packet Pg.20 B.t.a square foot restaurant building for Jason's Express. The building will be mainly constructed with concrete and corten metal materials. The Planning and Zoning Commission at their December 18, 2014 meeting recommended approval with a vote of 5-0, subject to the following: (1) landscape area at the rear of the building shall be landscaped with one four-inch caliper tree and one upright ornamental tree and (2) landscape buffer to the north shall be solid evergreen. Mr. Comstock commented that staff recommends approval of SUP 2014-15 with the following stipulations: (1) pursuant to the Planning and Zoning Commission, (a) the landscape area at the rear of the -- building shall be landscaped with one four-inch caliper tree and one upright ornamental E tree; (b) landscape buffer to the north shall be solid evergreen; (2) the property owner, if presented the opportunity, shall accept a driveway connection from the south; and (3) E approval of the site plan exhibits presented this evening as conceptual only, with a more detailed site plan approval shall be through the Development Review Committee (DRC) o and be consistent with North Richland Hills' typical development standards. Applicants Brian Hagemier with GDP Group (1801 Watermark Drive, Suite 150, LO Columbus, Ohio) and Kevin Gray with Jason's Deli (2400 Broadway, Beaumont, Texas) N presented item and were available to answer questions from Council. N Mayor Trevino asked for anyone wishing to speak on the item to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER WELCH MOVED TO APPROVE ORDINANCE NO. 3349 ALONG WITH THE ITEMS d RECOMMENDED BY THE PLANNING AND ZONING COMMISSION AND STAFF. COUNCIL MEMBER w WHITSON SECONDED THE MOTION. d MOTION TO APPROVE CARRIED 7-0 E E d D.1 FP 2014-14 CONSIDERATION OF A REQUEST FROM CAMBRIDGE NRH o DEVELOPMENT, LLC FOR A FINAL PLAT FOR 60 RESIDENTIAL LOTS IN Q THE CAMBRIDGE PLACE ADDITION ON 17.397 ACRES IN THE 6800 a BLOCK OF IRON HORSE BOULEVARD. M APPROVED N City Council considered and took action on this item earlier in the meeting. 0 D.2 FP 2014-07 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH N RICHLAND HILLS FOR A FINAL PLAT FOR LOTS 7 AND 8, BLOCK 8, SMITHFIELD ACRES ADDITION, 2ND SECTION ON 1.1255 ACRES AT 6936 SMITHFIELD ROAD. APPROVED Q City Council considered and took action on this item earlier in the meeting. E. PUBLIC WORKS January 12, 2015 Page 8 of 10 Packet Pg.21 B.t.a There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER ORDINANCE NO. 3344 (SECOND READING), AWARDING THE SOLID WASTE AND RECYCLING COLLECTION CONTRACT TO REPUBLIC WASTE SERVICES. APPROVED E 0 City Council considered and took action on this item earlier in the meeting. E G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY 0 ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA LO Mayor Trevino announced that Council would take action as a result of Executive N Session. N MAYOR PRO TEM WRIGHT OUJESKY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE SALE OF 7901 BOULEVARD 26, BLOCK 1, LOT 1 R VENTURE-ADDITION- NRH. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. w 0 MOTION TO APPROVE CARRIED 7-0. U) E MAYOR PRO TEM WRIGHT OUJESKY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE E AN EARNEST MONEY CONTRACT FOR THE PURCHASE OF PROPERTY FROM SHIN LONG INVEST LTD. LOCATED AT 7636 BOULEVARD 26. COUNCIL MEMBER WHITSON SECONDED THE MOTION. 0 CL CL Q MOTION TO APPROVE CARRIED 7-0. " M M H. INFORMATION AND REPORTS N T.- H.1 ANNOUNCEMENTS o Council member Whitson made the following announcements. N City Hall and other non-emergency city offices will be closed on Monday, January 19th. E The NRH Public Library and Senior Center will also be closed. Garbage and recycling will be collected as normally scheduled. a NRH2O is hosting the annual Polar Plunge on Saturday, January 24 benefiting the Special Olympics. Registration will begin at 8:30 a.m. and the event will start at 10:00 a.m. For more information, visit specialolympicstexas.org or call 214-943-9981. January 12, 2015 Page 9 of 10 Packet Pg.22 B.t.a Kudos Korner - NRH Police & Fire Departments — Several citizens posted thanks and appreciation online about the Police and Fire Departments' annual Heroes and Helpers program which provides Christmas gifts to children in need in our community. "Thank you for all you have done for my kids. I will never forget," one parent said. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:22 p.m. E Oscar Trevino, Mayor 0 U ATTEST: LO O N N r Alicia Richardson, City Secretary 3 w 0 d E d 0 L Q Q Q r M M r N T- r O d' O N d E t V f� Q January 12, 2015 Page 10 of 10 Packet Pg.23 B.2 r4R NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Authorize City Manager to execute DART License Agreement for use of DART right of way for city utilities. Presenter: Mike Curtis, Managing Director Summary: Council is being asked to consider approving the new DART License Agreements that will replace an existing agreement which allows the city to have its utilities within a portion of DART's right-of-way. General Description: The City of North Richland Hills and other utility owners have obtained approval over the years to have utilities located within DART right-of-way (ROW). Most of the city utilities do not parallel the railroad tracks they are simply crossings to get to the other side of the tracks. Over the years NRH has obtained permission for twelve utility crossings. Previously DART did not charge a ROW Use Fee however staff has recently been informed that DART has established a new rate structure based on industry standards. The new rate structure now includes charging an annual fee to all property owners who have utilities located within DART ROW. Staff brought eleven of the agreements to Council in October for approval. DART staff recently discovered another agreement which is being brought to Council for consideration. The DART fee structure has different rates for the different types of utilities. The rates also vary with regard to the size of the utility line. For example a 4" diameter to 36" diameter pipe making a transverse crossing (perpendicular to the tracks) various from $1,180 to $3,580 per each crossing, per year. If the utility line runs parallel to the tracks the fee could range from $2.30 per foot per year to $8.35 per foot per year. For North Richland Hills when all twelve agreements are factored the annual cost owed to DART will be approximately $31,000 per year based on the new rate structure. Since DART did not previously charge a ROW Use Fee they are proposing a graduated scale for the first four years to make it easier for the utility owners to factor in the new rates into future budgets. The table below shows how the graduated fee scale will impact North Richland Hills for the agreement being considered. FY 14 FY15 FY16 FY 17 FY 18 Packet Pg.24 B.2 r4R NO&TH KICHLAND HILLS As you can see from the table the total fee will begin low and then reach the fee established in the new fee structure in FY 18. Each year after FY 18 the fee will be increased by 2.5%. So for FY 19 the fee will be $742 (2.5% higher), then 2.5 % higher each subsequent year. The fee for a particular year is due at the beginning of that fiscal year on October 1St As mentioned above this agenda item will cover the remaining license agreement. Agreement No. Utility type/size Annual Fee (FY 18) 1. 220728 Sanitary Sewer/6" $ 707 Recommendation: Authorize the City Manager to Execute DART License Agreements for Use of DART Right of Way for City Utilities Packet Pg.25 B.2.a AGREEMENT NO. 220728 U) 0 LICENSE AGREEMENT THIS Agreement ("License"), is made by and between. DALLAS AREA RAPID TRANSIT ("Licensor"), a regional transportation.authority, created; organized and existing pursuant to Chapter 452, L Texas Transportation Code, as amended (the "Act") and the CITY OF NORTH RICHLAND. HILLS ("Licensee"), a Texas municipal corporation acting herein by and through its duly authorized ofhcial, whose mailing address is P.O. Box 820609,North Richland Hills,Texas 76182-0609. c Pursuant to an agreement between Licensor and Ft. Worth & Western Railroad, (hereinafter the 2M "Railroad"), freight railroad operations exist on Licensor's corridor. Q 1. Purpose. Licensor hereby grants a license(the "License")to Licensee for the purposes of constructing, o installing, maintaining and operating one 6-inch sanitary sewer pipeline (the "Permitted Improvement") d that parallels the Cotton Belt Railroad Line beginning west of Main Street, at Mile Post 622.47 and 3 extending in a northeasterly direction for approximately 500 feet, of which only 300 feet are within the c Cotton Belt right of way, to Mile Post 622.37, in North Richland Hills, Tarrant County, Texas, more particularly described as shown in Exhibits "A", dated April 14, 1975, attached hereto and. incorporated 0 herein for all pertinent purposes, (the "Property") d d L The Property shall be used by Licensee solely for the purpose of operating and maintaining the Q Permitted Improvement (the "Permitted Use"). Licensee's right to enter upon and use the Property shall 0 be limited solely to the Permitted Use and the Permitted Improvement. 0 J 2. Term. This License shall begin on the 1't day of October,2014(the "Term") and continue thereafter � until terminated by either party as provided herein. Q 0 d 3. Consideration. N L O 3.01. The consideration for the granting of this License shall be (a) payment by Licensee to ' Q Licensor of the following License Fee: .. LO N October 1,2014 $ 173.00 October 1.,201.5 $ 345.00 co N October 1, 2016 $ 518.00 ti October 1;2017 $ 690.00 N October 1, 2018 $ 707.00 +41 E annually in advance, payable on. October I (the "License Fee"), and (b) the payment annually of the E License Fee on October I't of all succeeding years after 2018,. based on the annual payment on October 1, L 2018, PROVIDED, HOWEVER, that the License Fee shall be adjusted annually beginning October 1, °1 Q 2018 by a Cost of Living Adjustment in the amount of 2.5% of the License Fee and (c) the performance by Licensee of each of the obligations undertaken by Licensee in this License. J 3.02. Any payment not received by Licensor by the 10th day after it is due, shall bear a late Q 0 charge of$25.00 to help offset the administrative cost involved in handling such late payment. } d 3.03. For any payment not received by Licensor by the 15th day after it is due, such payment E shall bear interest at the rate of 18% per annum.from the date it was due until it is paid, in addition to the 0 late charge. .2 North Richland Hills—W of Main Street I of 6 Mile Post 622.37-622.47 6-inch Sanitary Sewer Packet Pg.26 B.2.a 3.04. Acceptance of any License Pee by Licensor after written notice of termination or expiration of this License shall not waive, reinstate, continue or extend the terms of this License. d 4. Non Exclusive License. This License is non-exclusive and is subject to (a) any existing utility, drainage or communication facility located in, on, under, or upon the Property owned by Licensor, any Railroad, utility, or communication. company, public or private; (b) all vested rights presently owned by L any Railroad, utility or communication company, located within the boundaries of the Property; and (c) any existing lease, license or other interest in the Property granted by Licensor to any individual, corporation or other entity, public or private. w 0 5. Design, Construction, Operation and Maintenance. Licensor's use of the Property and adjoining a, property may include the use of electrically powered equipment. Notwithstanding Lic.ensor's inclusion � within its system of measures designed to reduce stray current which may cause corrosion, Licensee is hereby warned that such measures may not prevent electrical current being present in proximity to 0 the Permitted Improvement and that such presence could produce corrosive effects to the c Permitted Improvement. Licensee waives any claim and releases Licensor with regard.to any claim 3 arising from such corrosion. L 0 w 5.01. All design, construction, reconstruction, replacement, removal, operation and maintenance of the Permitted Improvement on the Property shall be done in such a manner so as not to interfere in any E way with the operations of Licensor or other Railroad operations, In particular, cathodic protection or L other stray current corrosion control measures of the Permitted Improvement as required shall be made a Q part of the design.and construction of the Permitted Improvement, d d 5.02. During the design phase and prior to commencing any construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to Licensor and Q Railroad. Such approval shall not be unreasonably withheld. No work shall commence until said plans d have been.approved by Licensor. N L 0 5.03. By acceptance of this License, Licensee agrees to design, construct and maintain the Q Permitted Improvement in such a manner so as not to create a hazard to the use of the Property, and further agrees to pay any damages which may arise by reason of Licensee's use of the Property. N M 5.04. By acceptance of this License, Licensee covenants and agrees to institute and maintain a. co reasonable testing program to determine whether or not additional cathodic protection of its Permitted ti Improvement is necessary and if it is or should become necessary, such protection shall be immediately N instituted by Licensee at its sole cost and.expense. +,i E 5.05. Licensor makes no warranty regarding subsurface installations on the Property. °' E Licensee shall conduct its own inspection of same and will not rely on the absence or presence of markers. Q 5.06. Licensee shall provide to Licensor final construction drawings ("as-builts") that are signed and sealed by a Texas Professional Engineer within sixty ("60") days of completion of the project. Q 0 6. Governmental Approvals. Licensee, at its sole cost and expense, shall be responsible for and shall obtain, any and all licenses, permits, or other approvals from any and all governmental agencies, federal, E state or local,required to carry on any activity permitted herein. Q North Richland Hills—W of Main.Street 2 of 6 Mile Post 622.37-622.47 6-inch Sanitary Sewer Packet Pg.27 B.2.a 7. Licensor's Standard Contract and Insurance. No work on the Property shall be commenced by Licensee or any contractor for Licensee until such Licensee or contractor shall have executed Licensor 's Construction Agreement. and Contractor's Right of Entry covering such work, and has furnished insurance coverage in such amounts and types as shall be satisfactory to Licensor. A company-issued photo identification of Licensee's employees, contractors or agents shall be required to work on the Property. L O W 8. Duty of Care in Construction. Licensee or its contractor shall use reasonable care during the � construction period and thereafter, to avoid damaging any existing buildings, equipment and vegetation on or about the Property and. any adjacent property owned by or under the control of Licensor. If the 0 failure to use reasonable care by the Licensee or its contractor causes damage to the Property or any a, adjacent property, the Licensee and/or its contractor shall immediately replace or repair the damage at no L cost or expense to Licensor. If Licensee or its contractor fails or refuses to make or effect any such repair Q or replacement, Licensor shall have the right, but not the obligation, to make or effect any such.repair or o replacement at the sole cost and expense of Licensee, which cost and expense Licensee agrees to pay to 0 Licensor upon demand. 0 L 9. Environmental Protection, 9.01. Licensee shall not use or permit the use of the Property for any purpose that may be in E violation of any local, state or federal laws pertaining to health or the environment, including but not L limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), Q the Resource Conservation and Recovery Act ("RCRA."), the Clean Water Act ("CWA") and the Clean d Air Act("CAA"). d 9.02. Licensee warrants that the Permitted Use of the Property will not result in the disposal or other release of any hazardous substance or solid waste on or to the Property, and that it will take all steps Q necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the Property by Licensee or its Contractors. N L O 9.03. The terms "hazardous substance" and "release" shall have the meanings specified in CERCLA and the terms "solid waste" and "disposal" (or "disposed") shall have the meanings specified in Q the RCRA; PROVIDED, HOWEVER, that in the event either CERCLA or RCRA is amended so as to LO N broaden the meaning of any term defined thereby, such broader meaning shall apply subsequent. to the effective date of such amendment; and PROVIDED FURTHER, that to the extent that the laws of the co State of Texas establish a meaning for "hazardous substance", "release", "solid waste", or "disposal", ti which is broader than that specified in either CERCLA or RCRA,such broader meaning shall apply. c°•, N I 9.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of E environmental clean up to the Property resulting from Licensee's use of the Property under this d License. d d L 10. Mechanic's Liens Not Permitted. Licensee shall fully pay for all labor and materials used in, on, or Q about the Property and will not permit or suffer any mechanic's or materialmen's liens of any nature to be affixed against the Property by reason of any work done or materials furnished to the Property at 1— Licensee's instance or request. Q 0 11. Maintenance of Completed Improvements. The Permitted Improvement shall be maintained by the Licensee in such a manner as to keep the Property in a good and safe condition with respect to E Licensee's use. In the event the Licensee fails to maintain the Property as required, upon discovery, 0 Licensor shall notify Licensee of such. occurrence in writing. In the event Licensee shall not have .2 remedied the failure within ten (10) days from the date of such notice, Licensor shall have the right, but North Richland Hills—W of Main Street 3 of 6 Mile Post 622.37-622.47 6-inch Sanitary Sewer Packet Pg.28 B.2.a not the obligation to remedy such failure at the sole cost and expense of Licensee. In the event Licensor exercises its right to remedy Licensee's failure, Licensee agrees to immediately pay to Licensor all costs incurred by Licensor upon demand. 12. Future Use by Licensor. 12.01. This License is made expressly subject and subordinate to the right of Licensor to use the Property for any purpose whatsoever. >1 3 12.02. In the event that Licensor shall, at any time subsequent to the date of this License, at its ° sole discretion, determine that the relocation. of the Permitted. Improvement shall be necessary or a, convenient for Licensor 's use of the Property, Licensee shall, at its sole cost and expense relocate said Permitted Improvement so as not to interfere with Licensor 's or Licensor 's assigns use of the Property. Q In this regard, Licensor may, but is not obligated to, designate other property for the relocation of the o Permitted Improvement. Licensor shall give a minimum of thirty(30) days written notice of any required o relocation. Licensee shall promptly commence to make the required changes thereafter and shall 0 diligently complete the relocation as required within a reasonable period. ' L ° W 1.3. Relocation Benefits. The parties hereto agree that the construction of the Permitted improvement on the Property shall be subsequent to the acquisition of the Property by Licensor and that Licensee does E hereby waive any and all claim that it may have under the Act, or otherwise, regarding the payment of L any and all relocation benefits and that all costs associated with any relocation of such Improvements 0 shall be borne by Licensee. d d 14. Duration of License. This License shall terminate and be of no further force and effect (a) in.the J event Licensee shall discontinue or abandon the use of the Permitted Improvement; (b) in the event Licensee shall relocate the Permitted Improvement from the Property; (c) upon termination in accordance Q with paragraph 19 of this License,whichever event first occurs. o d N 15. Compliance With Laws and Regulations. Licensee agrees to abide by and be governed by all 0 laws, ordinances and regulations of any and all governmental entities having jurisdiction over the Licensee and by railroad regulations, policies and operating procedures established by the Q Railroad,or other applicable railroad regulating bodies,and Licensee agrees to indemnify and hold 'n N Licensor harmless from any failure to so abide and all actions resulting therefrom. CO 16. Indemnification. Licensee shall at all times protect, indemnify, defend and hold Licensor and ti the Railroad harmless against and from any and all loss, cost, damage or expense, including c°•, attorney's fees and including, without limitation, claims of negligence, arising out of this License �i (including by example and not limitation, Licensee's acts or failure to act hereunder), Licensee's r- use in any way of the Property, or arising from any accident or other occurrence on or about the d Property, resulting in personal injury, death, or property damage, except to the extent fault is d judicially determined against Licensor. a, Q 17. Termination of License. At such time as this License may be terminated or canceled for any reason whatsoever, Licensee, upon request by Licensor, shall remove all improvements and appurtenances owned by it, situated in, on, under or attached to the Property, regardless of whether or not such Q improvements were placed thereon by Licensee, and shall restore the Property to a condition satisfactory to Licensor, at Licensee's sole expense. d E 18. Assignment. Licensee shall not assign or transfer its rights under this License in whole or in part, or 0 permit any other person or entity to use the License hereby granted without the prior written consent of 2 Licensor which Licensor is under no obligation to grant. Q North Richland Hills—W of Main Street 4 of 6 Mile Post 622.37-622.47 6-inch Sanitary Sewer Packet Pg.29 B.2.a 19. Methods of Termination. This License may be terminated in either of the following ways: d 19.01. By written agreement of both parties, or 19.02. By either party giving the other party thirty (30) days written notice. L ° w 20. Miscellaneous. 3 20.01. Notice. When notice is permitted or required by this License, it shall be in writing and ° shall be deemed delivered. when delivered in person or when placed, postage prepaid, in the U.S. Mail, a, Certified, Return Receipt Requested,and addressed to the parties at the following addresses: Q 0 LICENSOR: Dallas Area Rapid Transit OR c 1401 Pacific Avenue P. 0. Box 660163 Dallas,Texas 75202-7210 Dallas, Texas 75266-7210 L ATTN: Railroad Management d E LICENSEE: City of North Richland Hills L 7301 NE Loop 820 P.O. Box 820609 °1 Q North Richland Hills,Texas 76180 North Richland Hills, Texas 76182-0609 d Either party may from time to time designate another and different address for receipt of notice J by giving written notice of such change of address. Q 20.02. Governing Law. This License shall be construed under and in accordance with the laws of the State of Texas. N .I- 0 20.03, Entire and Amendments. This License embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, relating to the Property and the Q matters addressed herein, and may be amended or supplemented only by a written instrument executed by N the party against whom enforcement is sought. "> co 20.04. Parties Bound. This License shall be binding upon and inure to the benefit of the ti executing parties and their respective heirs, personal representatives, successors and assigns. C*4 N 20.05, Number and Gender. Words of any gender used in this License shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, E unless the text clearly requires otherwise. L 20.06. No Joint Enterprise. The parties do not intend that this License he construed as finding Q that the parties have formed a joint enterprise. The purposes for which each party has entered into this J License are separate and distinct. It is not the intent of any of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This Q License does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. d E 20.07. New Agreement. It is mutually agreed and understood that this License cancels and 0 supersedes, effective October 1, 2014, License No. 5594, dated May 1, 1975, or any previous agreements Q granted by Licensor or Licensor's predecessor railroads in regard to this sanitary sewer pipeline. North.Richland Hills—W of Main Street 5 of 6 Mile Post 622.37-622,47 6-inch Sanitary Sewer Packet Pg.30 B.2.a a) IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the date Iast signed. L 0 W LICENSOR: DALLAS AREA RAPID TRANSIT 3 w 0 �y LM I(�: L TIMOTHY H. MCKAY, P.E. Q Executive Vice President o Growth/Regional Development c d Date: ' L 0 W d E d d LICENSEE: CITY OF Q d d BY: MARK HINDMAN City Manager o d N Date: o t 3 Q LO N M r co N f` O N N I E d E d d L Q V J H Q D r-. d E t V r� r� Q North Richland Hills—W of Main Street 6 of 6 Mile Past 622.37-622.47 6-inch Sanitary Sewer Packet Pg.31 B.2.a ]Lj ; )'`1 $ ,t' S 7.`I �i d �j L IP 7'0 F{. Wc2rfiil � �_. H o b � d 0 j, E )(a C , I > Pr000s�v�/k9dnha�'e a PioPas�cf 1k3�i�hat,Y G> 4�. n�]// � � � ti ..r-.-Y•-L�CJ�fi' � Ear%_�_ '�!' �r.x�.. Q N l RS F7 V N iij 1% N ` M r co N ti EXHIBIT "A" N N +,I ST. LOUIS O0Ln FMBRN RAILWAY LIM � E PIPE DATA SMITHFIELD TEKAn 4) Plat of licennert premi'bnn at L Kind of Pipe - V.C. Pipe M I' 'tCej62 2.470-T. to Site of Pipe - 6" "C"622.371-L. Q Wall thickness of pipe - It 116" To ftecompftny agreement betveon Length on right-of-way - 5115' St. Louis Southwestern Railway Comp&nj � Kind of conduit - None and Q Sine CITY of NORTH RICKT A?4D HILLS TEXAS � Wall thickness'conduit w None th ickz�css of conduit - None , } Length of conduit - None Office of Division Engineer Depth below bottom of t iy to. Tyler, Texas tap of pipe or cdsit�g Scale: 1" IOC?' April 1)i, 1977 Q - LEGM - Red - Proposed Sanitary Sever Ltne. Packet Pg. 32 B.3 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Authorize the City Manager to execute Tarrant County Interlocal Agreements for capital improvement projects ST0401, ST0202 and ST1304. Presenter: Caroline Waggoner, City Engineer Summary: The City Council is being asked to approve the renewal of agreements with Tarrant County which authorizes Tarrant County to fund portions of the Davis Boulevard/Mid- Cities Boulevard Intersection Improvements Project (ST0401), the Rufe Snow Drive Street and Utility Improvements (Mid-Cities Boulevard to Hightower Drive) Project (ST0202) and the Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project (ST1304). General Description: The City and Tarrant County have previously entered into Interlocal Agreements (IAs) for each the three (3) indicated capital improvement projects. One of the terms in each of the initial IAs was that the duration of the agreement be for one year and that the Interlocal Agreement (IA) must be renewed each year until the project is complete. While Tarrant County has placed this provision in each of the initial IAs, Tarrant County has committed to "annually renewing" each IA. Therefore, the approval of the current Renewal IAs is effectively a procedural issue. In fact, one of the provisions in each of the Renewal IAs states, "All terms and conditions of the original Agreement as amended remain in effect . . ." Approval dates and funding amounts provided for in each of the IAs is as follows: ➢ Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project (ST0401) • The initial IA was approved by the City Council on December 10, 2012. • Tarrant County will reimburse the City 50% of the actual project costs, or an amount of$295,000, whichever is less. • This project is currently in the design phase. The next step will be to acquire ROW after the environmental clearance from the Federal Highway Administration and the Texas Department of Transportation. This project is on track to begin construction as soon as late 2015. Packet Pg.33 B.3 r4 NO&TH KICHLAND HILLS ➢ Rufe Snow Drive Street and Utility Improvements (Mid-Cities Boulevard to Hightower Drive) Project (ST0202) • The initial IA was approved by the City Council on October 8, 2012 • Tarrant County will reimburse the City 50% of the actual project costs, or an amount of$600,000, whichever is less. • The right-of-way acquisition for this project is essentially complete. Franchise utility relocation is underway, and roadway construction is scheduled to begin in late Summer 2015. ➢ Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project (ST1304) • The initial IA was approved by the City Council on December 10, 2012. • Tarrant County will reimburse the City 50% of the actual project costs, or an amount of$550,000, whichever is less. • Design for the project is 95% complete, and ROW acquisition is underway. Recommendation: Authorize the City Manager to execute renewal interlocal agreements with Tarrant County for the Davis Boulevard/Mid-Cities Boulevard intersection improvements project (ST0401), Rufe Snow Drive street and utility improvements (ST0202) and Smithfield Road project (ST1304). Packet Pg.34 B.3.a STATE OF TEXAS § § Renewal of I nterlocal Agreement Court Order No. 114575 COUNTY OF TARRANT § Project: Davis at Mid-Cities Boulevard BACKGROUND 1. Tarrant County ("COUNTY') and the City of North Richland Hills ("CITY') entered into an Agreement approved by Tarrant County Commissioners Court Order No. 114575, for the cooperative funding of improvements to the intersection of Davis Boulevard at Mid-Cities Boulevard ("Project") as � described in the 2006 Tarrant County Bond Program. 2. The Project is not complete and the COUNTY and the CITY desire to a renew the Agreement for the 2015 Fiscal Year. 0 Therefore, the COUNTY and CITY agree to the following 1. The COUNTY and the CITY renew the Agreement for the COUNTY's 2015 Fiscal Year with the Agreement to expire September 30, 2015 or the C U completion of the Project as determined by the COUNTY, whichever occurs sooner. L L 2. The COUNTY and CI TY agree to the revised payment schedules. M r 3. All terms and conditions of the original Agreement as amended remain in effect except to the extent modified by this Renewal. L APPROVED on this day the day of , 20 , by a Tarrant County. 0 L Commissioners Court Order No. S TARRANT COUNTY ' STATE OF TEXAS CI TY CU County Judge Signature o E APPROVED AS TO FORM; APPROVED AS TO FORMAND CONTENT; Q District Attorney's Office* City Attorney I nterlocal Agreement Transportation Bond 2006-2007 Pagel Packet Pg.35 B.3.a *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. �a CERTIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as follows: E L Fiscal year ending September 30, 2007 $ a CU 0 0 Fiscal year ending September 30, 2008 $ Fiscal year ending September 30, 2009 $ 0 Fiscal year ending September 30, 2010 $ L Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ M Fiscal year ending September 30, 2013 $ E Fiscal year ending September 30, 2014 $ a Fiscal year ending September 30, 2015 $73,750 c L d All future years fundina is continaent on future debt issuance S and renewal of this contract 2 U Fiscal year ending September 30, 2016 $221,250 --------------------------------- $295,000** o E Auditor's Office Q ** This amount includes $45,000 in Commissioner discretionary funds I nterlocal Agreement Transportation Bond 2006-2007 Page 2 Packet Pg.36 B.3.a ATTACHMENT A Proiect Information City: City of North Richland Hills Project Name: Davis at Mid-Cities Boulevard Intersection Improvement Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Jun-2015 10 Apr-2016 d d L COUNTY payments by completed phase are contingent upon the COUNTY'S Q reasonable determination that the work regarding the project phase for which payment c is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. 0 Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. FT Proposed County Payment by Phase M Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $295,000 Q County Funding Total: $295,000** o L d S Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) U) a) 1 sf Quarter 2nd Quarter 3rd Quarter 4d' Quarter 2007 $ $ $ 2008 $ $ $ $ 2009 $ $ $ $ 2010 $ $ $ $ 2011 $ $ $ $ B 2012 $ $ $ $ 2013 $ $ $ $ Q 2014 $ $ $ $ 2015 $ $ $73,750 $73,750 2016 $73,750 $73,750 $ $ ** This amount includes $45,000 in Commissioner discretionary funds I nterlocal Agreement Transportation Bond 2006-2007 Page 3 Packet Pg.37 B.3.b STATE OF TEXAS § § Renewal of I nterlocal Agreement Court Order No. 114069 COUNTY OF TARRANT § Project: Rufe Snow BACKGROUND 1. Tarrant County ("COUNTY') and the City of North Richland Hills ("CITY') entered into an Agreement approved by Tarrant County Commissioners Court Order No. 114069, for the cooperative funding of improvements to Rufe Snow Drive ("Project') as described in the 2006 Tarrant County Bond Program. 2. The Project is not complete and the COUNTY and the CITY desire to E renew the Agreement for the 2015 Fiscal Year. 2 a Therefore, the COUNTY and CITY agree to the following c L d 1. The COUNTY and the CITY renew the Agreement for the COUNTY's 2015 Fiscal Year with the Agreement to expire September 30, 2015 or the completion of the Project as determined by the COUNTY, whichever c occurs sooner. L 2. The COUNTY and CI TY agree to the revised payment schedules. 3. All terms and conditions of the original Agreement as amended remain in M effect except to the extent modified by this Renewal. APPROVED on this day the day of 20 by E Tarrant County. a Commissioners Court Order No. c L d TARRANT COUNTY E STATE OF TEXAS CI TY o r- co w County Judge Signature E APPROVED AS TO FORM; APPROVED AS TO FORM AND a CONTENT; District Attorney's Office* City Attorney I nterlocal Agreement Transportation Bond 2006-2007 Pagel Packet Pg.38 B.3.b *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. CERTIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as follows: E Fiscal year ending September 30, 2007 $ L Q Fiscal year ending September 30, 2008 $ CU 0 L Fiscal year ending September 30, 2009 $ Fiscal year ending September 30, 2010 $ 0 U Fiscal year ending September 30, 2011 $ L L Fiscal year ending September 30, 2012 $ M Fiscal year ending September 30, 2013 $ Fiscal year ending September 30, 2014 $ E L Fiscal year ending September 30, 2015 $600,000 a All future years fundina is continaent on future debt issuance and renewal of this contract 3 0 Fiscal year ending September 30, 2016 $ y w --------------------------------- $600,000 E Auditor's Office a I nterlocal Agreement Transportation Bond 2006-2007 Page 2 Packet Pg.39 B.3.b ATTACHMENT A Proiect Information City: City of North Richland Hills Project Name: Widening of Rufe Snow Drive Proposed Proiect Schedule Start Date Duration (mo) End Date Design: Mar-2008 80 Dec-2014 ROW Acquisition: - - - Utility Relocation: - - - Construction: - - - a� B a� COUNTY payments by completed phase are contingent upon the COUNTY'S 2 reasonable determination that the work regarding the project phase for which payment Q is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent ° L on debt issuance in accordance with applicable law. 2 Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in v construction as may be determined by the COUNTY. L L FT Proposed County Payment by Phase Design: $600,000 M ROW Acquisition: $ Utility Relocation: $ Construction: $ County Funding Total: $600,000 Q 7a 0 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter c r- 2007 $ $ $ y d 2008 $ $ $ $ 2009 $ $ $ $ 2010 $ $ $ $ 2011 $ $ $ $ �a 2012 $ $ $ $ Q 2013 $ $ $ $ 2014 $ $ $ $600,000 2015 $ $ $ $ 2016 $ $ $ $ 1 nterlocal Agreement Transportation Bond 2006-2007 Page 3 Packet Pg.40 B.3.c STATE OF TEXAS § § Renewal of I nterlocal Agreement Court Order No. 114576 COUNTY OF TARRANT § Project: Realignment of Smithfield Road BACKGROUND 1. Tarrant County ("COUNTY') and the City of North Richland Hills ("CITY') entered into an Agreement approved by Tarrant County Commissioners Court Order No. 114576, for the cooperative funding of improvements to Smithfield Road ("Project') as described in the 2006 Tarrant County Bond Program. 2. The Project is not complete and the COUNTY and the CITY desire to E renew the Agreement for the 2015 Fiscal Year. a Therefore, the COUNTY and CITY agree to the following 0 L d 1. The COUNTY and the CITY renew the Agreement for the COUNTY's 2015 Fiscal Year with the Agreement to expire September 30, 2015 or the completion of the Project as determined by the COUNTY, whichever c occurs sooner. L 2. The COUNTY and CI TY agree to the revised payment schedules. 3. All terms and conditions of the original Agreement as amended remain in effect except to the extent modified by this Renewal. APPROVED on this day the day of 20 by E Tarrant County. 2 a Commissioners Court Order No. c L d TARRANT COUNTY STATE OF TEXAS CI TY M w E co County Judge Signature APPROVED AS TO FORM; APPROVED AS TO FORM AND a CONTENT; District Attorney's Office* City Attorney I nterlocal Agreement Transportation Bond 2006-2007 Pagel Packet Pg.41 B.3.c *By law, the District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. CERTIFICA TION OF A VAILABLE FUNDS IN THE AMOUNT OF Certification of Funds Available as follows: E Fiscal year ending September 30, 2007 $ L Q Fiscal year ending September 30, 2008 $ CU 0 L Fiscal year ending September 30, 2009 $ Fiscal year ending September 30, 2010 $ ; 0 U Fiscal year ending September 30, 2011 $ L L Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ Fiscal year ending September 30, 2014 $ E L Fiscal year ending September 30, 2015 $330,000 a All future years fundina is continaent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2016 $220,000 w E --------------------------------- y $550,000 E Auditor's Office a I nterlocal Agreement Transportation Bond 2006-2007 Page 2 Packet Pg.42 B.3.c ATTACHMENT A Proiect Information City: City of North Richland Hills Project Name: Realignment of Smithfield Road Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Oct-2014 15 Jan-2016 d B COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase for which payment Q is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent o L on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in v construction as may be determined by the COUNTY. L L FT Proposed County Payment by Phase Design: $ M ROW Acquisition: $ Utility Relocation: $ Construction: $550,000 B d County Funding 2i Total: $550,000 Q 7a 0 Proposed County Payment by Calendar Quarter (SUBJECT TO CHANGE) S 1 st Quarter 2nd Quarter 3rd Quarter 4th Quarter 32 d 2007 $ $ $ 2008 $ $ $ $ y 2009 $ $ $ $ 2010 $ $ $ $ E 2011 $ $ $ $ 2012 $ $ $ $ Q 2013 $ $ $ $ 2014 $ $ $ $ 2015 $110,000 $110,000 $110,000 $110,000 2016 $110,000 $ $ $ 1 nterlocal Agreement Transportation Bond 2006-2007 Page 3 Packet Pg.43 B.3.d m MIGK EY-S-T— O P1'A DaY'V E31VCV M4 itim Bivd Davis Blvd/ id-aties Blvd �y� NOR THE�A-ST-PARIEWA1' NOR-T-HEAST P� I�'' i� .OWN-WA Irrtersection_[1FA 21] _ 1 DONNA D5 i 21i E n/ `Q� S' RAND-DR w LQI— P IDLER L-ENANN-DR T W MAN 3 = AIN ST w � MA,,i{{ -ST--Z � MAIN-S-T-W z A ° m 1 y A U)° W SO UTHG J-T-E-D R. I,E-ST-Gi�F-FAQ T L r m'A D1-PL ➢ �' V o fi O w r L ]J p � GA RD-INAL-LN GARD INAL-N —GdY-ST O —ARTHUR-DR— W L MID-CITIES,BLV-D <C B`BD '0 S I_ `O 5—PEARL-ST �z M 4 z r Q a¢ NO RTH Q NEWM{tN-DR � fi R11/.E{�.pAi-E-D.R_ �f b o RICHLAND CARDINAL of R A L-A�NSANA-DR-n Q o CALADIUM-9 / �,g DR HILLS ✓O —.WEN-DR P��05 N.ICHO{_gA.Y y0� a ec°a- oO NaPH°�' d e�� � � c��Fk�� P Project Locator Map m "i •� O G Q A -RE FVIEW-E)t "Po' MME N ou DCFST � N BURBEV RD R�N,� � d ID I E AIN Sp-�yN.pR �El3C-LID-AVE ti - >_ f/N sTARNES RD Q d� D'W-Tali may= a 'Ili Ills N-R1Df�E'6L-1YD ♦"/� 050 z > A�u nR �eIRO> OuAIORUN cHnRMAru o all 111 BL o io0 ~ r J Gj SPARROW DR .LIOSON-ST O �II�II�II� o 00 0 0 A R€-D-RIVER-RUN � y�' o NE pop �'I �C B zo P P� 0 ROB�NO RED QOO� .EWMAN-DR o bi °E UIE D; w tt OJ, Z 0 MOCKINGBIRD O 'r J O 0 ttI ER DR U g�U LEER-DR o ° WbR c Scale: 1 = 800' 16 MAY 14 Standard Maps\CIP S_DavisMidCities_Intersect.mxd Information Services Department GIS Packet Pg.44 B.3.e I � ----. SHgDYDAL-E-pR °�F/GRE�JJHILL�R.L Me %.V-- Dr DYDAI-E �G O IIII III SHA Z mZ 2 r WO ...... ........ GT t --- ..-.IIII IIII GREENDAI--E-G'{f \�OGQ{ —P uu Street &utII Ity r Q �I WINDCRE CTE GRE� Improvements IIII� pGR D�Ok ¢ z WS DR c� lz¢-RIDGETOP-RD IIII II 1-0PFtD�� //��� �/.�+/�� ....................... ....... ---IIII BRIDGE - m lnSiILLMEADOWS (�/ Y JtIW ��d ' m� ! CIR"IJ LANGINGCIIAF�L M `/. IIII IIII � �g ,.� IIIIIUII `cosILi�nEADOW VIII to N CIR S �GREEN IDLE-TRLz PRINGDAt L-N—'� w Hightower ¢ �II��III�I a ) _ I _ w _w//�//1 "-��" VIEW TRLJ n�` ■ HIGHTOWER DR ` ---I HIG HTO-WER-D JREATTA IT LL 3 O � _ E RENT. �—GOODNIGHT RANEH-RD z ss N LL " ¢ saEnliN M O z ............. ....... ., L ---- OO LL INGf2ANC-Hfi w -IIII-F z O O z O OUR-S,K{"ANCHRD-r (a SWAL-L-GW-L-N I u D I `I I O . L 0 RIFE GR REGAIN IN FL'IN I H RAN CH-Rq RIe HFIELD DR G� CH ESJJICiC-0R ENSp N—H ap II o v g m C u 2BRIY.+a'AMUR�a � , / {i w � K Antler saEEKna� 11 /) m p t A - QeH LAST ON DR 1 Q TH FOR�R L HADLE-V-DR MESADR L soV �HHAPMAN RD s � -------- ------1--- i-.-I--. ----. .................i EHAPMAN-RD I a r O L-INCDL-N SHIRE-LN EDINBURG-D—K N/� R T H /\ryIJ_ 1 OMFORDWAa. p /� SOUTHAMPTON-DR p Y!. i u I ° RICHLAND o SUyv 3-GASTLF_p m NEWGABTCE-PL HILLS _ I a o GLENDAL�-DR ti m� .2 pp O --. � ¢ N GLENHURST-DRS "r - _--- h WIN CHEST-ER-RB Co HARWIGK-LN Project Locator Map �r�.. `� w �'. AR80RBROOK-0 j CHATHAM-RD m DNRISE-0R III N I'M SH IRE-0 OR,RD u.RRpN —p E BURSE .............. .................. ID-C-ITIES-DLVD MID-CITI S BLVD = TARNES RD w Y w III � o IC-KFIZR DRiJ �I IIII ¢ z III o� U w III w i CH AN DR a Q Nu µ BLVD I m ID-aT� o d II ion s 1 II ICK FHER-DR rDr Sr -R Utility 'n V V /. _-SV J II ET� =O B� O (MdCities Blvd to Fight o -Dr ♦O/^�O G ry6 Cn 21] E UIE D P uuuuu � .N = MOOD O `v H J. O ........... L DU6T-0�TAR 6R z w r O Of Scale: 1 = 1000' 16 MAY 14 Standard Maps\CIP S_Rufesnow-imps-midcities to hightower.mxd Information Services Department GIS Packet Pg.45 B.3.f Lb Sn ithfield Rd J x � (Davis Blvd to Smithfield Rd Md-Cities wd) 5P� (Davis Blvd to Nid-Cities Blvd) GUY-ST ARTHUR DR m d QQ >_ BLVD G <C o d N S A NEWMAN-DR w L o W V Q � CARDINAL m S n CT H M o C—AL-ADIUM-DR NO)sRTH Y oWEN-DR �, o RICHLAND � HILLS �m4� r Sys Project Locator Map CO '9A-DR T Ty �O� NOR�THT��'R�N P N BURSEY RD r m� viii STARNES RD N - w �G III III Q CREEK VIEW-DRS all CHARM AN DR III � ' w J M iD-a c p MOUNTAI �Eroo a ;ll o a N BERING-DR Q ° u °E UIS D FpUNT- A-IN RIDG BL-Vp W C� O�5 o U MARBLE-FAL�S D Scale: 1 = 400' 16 MAY 14 Standard Maps\CIP S_Sm ith fie Id_Davis to MidCities.mxd Information Services Department GIS Packet Pg.46 B.4 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Consider Approval of a Resolution Supporting Increased Funding for the Texas Recreation and Parks Local Park Grant Program and the Texas State Park System - Resolution No. 2015-002 Presenter: Vickie Loftice, Managing Director Summary: The purpose of this agenda item is to seek council consensus in supporting increased and restored funding for the Texas Recreation & Parks Local Park Grant Program and the Texas State Park System. General Description: The Texas Recreation and Parks Account (TRPA) is a grant program for parkland acquisition and development of recreational facilities that is administered by the Texas Parks and Wildlife Department. The proposed resolution requests that members of the 84th Legislature of Texas seek passage of legislation maximizing the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both Local and State parks. This resolution also requests support to insure that all grants funded through the TRPA be subject to the competitive scoring system managed by the Texas Parks and Wildlife Department. North Richland Hills has directly benefited from the Texas Recreation and Parks Account over the past several years. The City received more than $2,000,000 in grants supporting the development of our park system including funding for NRH2O, Richland Tennis Center, JB Sandlin Park, Tommy and Sue Brown Park and Walker's Creek Park. Staff is requesting City Council approval of a resolution that supports the Texas Recreation and Parks Account (TRPA) and the Texas State Park System. The resolution is attached for your review. Recommendation: To approve Resolution No. 2015-002 Packet Pg.47 B.4 r4 NORTH KICHLAND HILLS RESOLUTION NO. 2015-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS REQUESTS THE MEMBERS OF THE 84th LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS, AND THE TEXAS STATE PARK SYSTEM. WHEREAS, WHEREAS, the Texas Parks & Wildlife Department ("TPWD") administers the Texas Recreation & Parks Account Local Park Grant Program ("TRPA") and the Large County and Municipality Recreation and Parks Account (Urban Account) and manages 94 State parks and historical sites in Texas; and WHEREAS, TPWD has separate accounts in their general revenue fund referred to as the TRPA and Urban Account for the purpose of providing matching grants to political subdivisions for parks and recreation projects, and for outreach grants to introduce new populations to outdoor experiences; and WHEREAS, the matching grants provided by the TPWD are utilized for the planning, acquisition, and development of local park, recreation and open space areas to be owned and maintained by political subdivisions; and WHEREAS, funds granted to political subdivisions under the TRPA and Urban Account guidelines have funded 1629 projects of the 3,470 submitted over 30 years delivering over $800 million to the local Texas economy; and WHEREAS, political subdivisions throughout the State of Texas depend on grants from TPWD through the TRPA to stimulate the acquisition and development of parks and recreational areas for the benefit and enjoyment of their citizenry; and WHEREAS, the TRPA, Urban Account, and State parks are funded from sales tax on sporting goods and that the development of new parks stimulates the purchase of sporting goods; and WHEREAS, the TRPA, Urban Account, and State parks are partially funded from federal dollars used for parks, recreation, open space, trails, and tourism from the United States Department of the Interior Land and Water Conservation Fund (LWCF), the Sport Fish Restoration Boat Access program and the United States Department of Transportation Recreation Trails; and WHEREAS, the maintenance and improvements of State park and historic sites and the addition of new parks is a priority to Texans due to the State's expanding population and extensive tourism industry; and Packet Pg.48 B.4 r4 NORTH KICHLAND HILLS WHEREAS, the development of parks encourages and promotes public health, economic development, job creation, education; corporate relocations, an improved quality of life, and juvenile crime prevention; and WHEREAS, funds are needed for major repairs at Local and State parks and for the acquisition and development of parks and facilities; and WHEREAS, it is the desire of this City Council that a copy of this resolution with appropriate names affixed be presented to the Governor of Texas and the leadership of the 84th Texas Legislature. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. That members of the 84th Legislature of Texas seek passage of legislation maximizing the use of revenues from the sporting goods sales tax and federal funds to increase funding for parks and recreation programs for both Local and State parks and that all TRPA and Urban Account funded park projects be subject to the established TPWD competitive scoring system. SECTION 2. That members of the 84th Legislature of Texas restore funding to the TRPA and Urban accounts in the amount of at least $15.5 million per year. PASSED AND APPROVED this the 26th day of January, 2015. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney Packet Pg.49 B.4 r4 NO&TH KICHLAND HILLS APPROVED AS TO CONTENT: Vickie Loftice, Managing Director Packet Pg.60 B.5 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Authorize the City Manager to Execute a Professional Services Contract with Aquatic Design Group for the NRH2O Slide Tower Replacement Project, in the amount of $179,000. Presenter: Bill Thornton, Parks and Recreation Assistant Director Summary: City Council is being asked to authorize the City Manager to Execute a Professional Services Contract with Aquatic Design Group in the amount of $179,000 for Professional Services related to the NRH20 Slide Tower Replacement Project, RFQ 15-005. This project will provide for the first major attraction renovation identified in the recently completed NRH2O Long Term Development Plan. This approved project (WP1503) will include the design and construction of a new themed slide tower and slides replacing the original wooden slide tower and body slides. Demolition of the existing tower and slides will allow for construction of the new tower which will provide access to four new slide experiences. General Description: The currently approved project includes funding in the amount of $200,000 for the professional services necessary to prepare the design and complete the construction documents. Funding for construction of the project is scheduled for the 2016/17 fiscal year. To solicit proposals for the professional services, the City issued a Request for Qualifications (RFQ 15-005) which were received on December 9, 2014. The Professional Services component of the project required a qualified team of professionals with multiple years of experience in the aquatics and amusement park industry. The primary scope of services includes assisting with the selection of the fabricator for new water slides, and to prepare construction documents and specifications for the removal of the existing slide tower and replacement with a new metal slide tower. Proposals were received from Aquatic Design Group, AUI Contractors, LLC, Davis and Davis, Inc. and Kimley-Horn and Associates, Inc. In accordance with City policy, an evaluation committee comprised of Frank Perez- NRH2O General Manager, Joe Pack- Senior Park Planner, Craig Hulse- Director of Economic Development, John Pitstick- Director of Planning and Development, and Mark Mills- Director of Budget, met to evaluate the four firms. After evaluating the proposals, the committee unanimously selected Aquatic Design Group. Packet Pg.61 B.5 r4 NO&TH KICHLAND HILLS Aquatic Design Group is the only firm from the proposals received, where the prime consultant's only focus is design and construction in the aquatic industry. They provide services for the development of swimming pool facilities, architectural water features and aquatic facilities, and have been responsible for the design and installation of over 2,500 projects. As such, they are uniquely qualified in the Water Park industry. Aquatic Design Group successfully completed a project at NRH20 in 2010 for professional services and development of construction documents for The Viper water slide. Other projects include Hawaiian Waters Adventure Park in Honolulu, Six Flags Hurricane Harbor in California and Six Flags Fiesta Texas in San Antonio. Aquatic Design Group also provided planning, construction documents and construction observation for Water Works Park for the City of Denton. Their resume of recent relevant experience included over 25 projects in Texas and across the United States. Recommendation: Authorize the City Manager to execute a professional service contract with Aquatic Design Group for the NRH2O Slide Tower Replacement Project, in the amount of $179,000. Packet Pg.52 B.5.a AQUATIC .�[ DESIGN GROUP PROPOSAL FOR CONSULTANT SERVICES, Rev.I 0 L 1.0 INTRODUCTION d >_ 1.1 AQUATIC DESIGN GROUP, INC. of Carlsbad, California (hereinafter referred to as "CONSULTANT"), proposes to provide consulting design services to Q d CITY OF NORTH RICHLAND HILLS, (hereinafter referred to as "CLIENT") L for the following project: 0 NRH20 Slide Tower Replacement � North Richland Hills, Texas y O N 1.2 In conformance with the Request for Proposal dated 14 January 2015 as issued z by Mr.Joe Pack, CONSULTANT shall provide: r U) 0 2.0 SCOPE OF WORK ° �a 2.1 CONSULTANT shall provide design and engineering services as hereinafter Cr Q described for the following aquatic features: M r 2.1.1 Removal of Existing Slide Tower and slide flumes LO 0 2.1.2 Renovation as required of existing Purple Palooza and Blue Slide tower `*' 0 to remain 0 2.1.3 Interface design for the existing slide receiving pool W O N 2.1.4 Upgrades of existing slide mechanical space to support items 2.1.1-2.1.3 z above 0 CL 0 2.1.5 Preparation of RFP to slide manufacturers for the new slide complex a C7 ° 2.1.6 Provide slide submittal analysis to assist the City in selection. Q 0 2.1.7 Provide plans and specifications for the installation of the new slide v complex Q 2.1.8 Preparation of landscape and irrigation plans for areas directly adjacent to the slide and slide decking. Packet Pg.53 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRHZO Slide Tower Replacement Project Page 2 of I I 3.0 SCOPE OF SERVICES ) 0 L a 3.1 Schematic Development Phase: E d Ca 3.1.1 CONSULTANT shall review the program furnished by CLIENT to d ascertain the requirements of the project and shall arrive at a mutual d understanding of such requirements with CLIENT. c d 3.1.2 Based upon the mutually agreed upon program, schedule and construction budget requirements, CONSULTANT shall prepare, for 0 approval by CLIENT, Schematic Design Documents consisting of = drawings and other documents illustrating the scale and relationship of z water attraction project components. a, d 0 3.1.3 CONSULTANT shall assist the CLIENT in issuing a RFP to various slide manufactures. Cr Q 3.1.4 CONSULTANT shall provide an evaluation of the slide complex proposals from each slide manufacturer to assist the CLIENT in the vendor selection. LO 0 N 3.2 Design Development Phase: c 3.2.1 Based upon the approved Schematic Design Documents and the vendor selected slide complex the CONSULTANT shall prepare, for approval O by CLIENT, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Z �a Project as to water attraction architectural, structural, mechanical and c electrical systems, landscape and materials and such other elements as o may be appropriate. Design Development Phase deliverables shall 0- C7 include the following: Q Slide area layout plan. .2 Slide/Surge tank plan view. >_ .3 Slide/Surge tank longitudinal and cross-sections. .4 Slide balance tank finish details. Q .5 Slide area hardscape layout plan. .6 Slide area landscape layout plan. .7 Outline specifications in CSI format. Packet Pg.54 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRH20 Slide Tower Replacement Project Page 3 of I I 3.2.2 CONSULTANT shall provide CLIENT with building and infrastructure d requirements, including design criteria, as needed to service the a swimming pool equipment, including: d >_ d Swimming pool equipment room dimensions. .2 Sanitary/storm sewer requirements and points of connection. d .3 Domestic water requirements and points of connection. a> .4 Natural gas requirements and points of connection if required. c .5 Electrical requirements and points of connection for swimming d pool equipment. co O 3.2.3 CONSULTANT shall provide an opinion of probable construction cost = for the CLIENT to review and establish the intended project scope. z r- 2M d 0 3.3 Construction Documents Phase: ca 3.3.1 Based upon the approved Design Development Documents and any Cr further adjustments in the scope or quality of the Project or in the construction budget authorized by CLIENT, CONSULTANT shall prepare, for approval by CLIENT, Construction Documents consisting ,r, of Drawings and Specifications setting forth in detail the requirements N for construction of the slide mechanical building/space, slide receiving c pool, and slide site conditions. Documents shall include the architectural, structural, mechanical, and electrical working drawings (including the slide tower demolition plans), calculations and O specifications for the pool mechanical building/space. Documents shall = also include the architectural, structural, mechanical and electrical Z working drawings for the renovation of the swimming pool and pool c decking and landscape and irrigation design of areas immediately c L adjacent to the slide area. Documents shall include the site grading and °- landscape treatment for the slide site area. Q 3.3.2 CONSULTANT shall advise CLIENT of any adjustments to previous >_ estimates of probable construction cost indicated by changes in requirements or general market conditions. Q Packet Pg.55 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRH20 Slide Tower Replacement Project Page 4 of 11 3.3.3 CONSULTANT shall assist CLIENT in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and D the form of Agreement between the Owner and the Contractor, as it ° a relates to the design program elements. d >_ d 3.3.4 Based upon the approved Design Development Documents and any CL further adjustments in the scope or quality of the Project or in the construction budget authorized by CLIENT, CONSULTANT shall d prepare, for approval by CLIENT, Construction Documents consisting c of Drawings and Specifications setting forth in detail the requirements ~ a> for construction of the water attraction. Construction Documents Phase deliverables shall include the following: 0 N Architectural Drawings: z r_ 2M • Slide tower plan view. d 0 • Slide flume layout plan. • Slide tower run-out flumes and receiving pool. • Slide longitudinal and cross-sections. Cr • Slide finish details. • Slide fencing and rail goods details. • Slide mechanical area enclosure. LO • Upgrades to the existing slide tower to remain. N • Demolition plans for the slide tower to be removed. c .2 Structural Drawings: a' O N • Slide surge tank structural sections. • Slide tank reinforcement schedules. Z �a • Miscellaneous slide area structural details. w 0 CL 0 L .3 Mechanical Drawings: °- C7 0 Q • Slide piping plan. } • Slide mechanical equipment piping plan. d >_ • Slide mechanical equipment sections. • Slide mechanical details. Q .4 Electrical Drawings: Packet Pg.66 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRH2O Slide Tower Replacement Project Page 5 of I I • Slide tower lighting plans. • Slide single phase panel schedule. • Slide mechanical equipment electrical panel upgrades. Q°L- • Miscellaneous slide electrical details. d >_ .5 Miscellaneous: ca CL d • Slide surge tank structural calculations. • Final form slide technical specifications in CSI format. c • Details for the coordination of the slide manufacturer scope d of work and the contractor scope of work. :2 co O N 3.3.4 CONSULTANT shall assist CLIENT in connection with CLIENT's Z responsibility for filing documents required for the approval of a, governmental authorities having jurisdiction over the Project. 0 3.4 Bidding or Negotiation Phase: Cr Q 3.4.1 CONSULTANT, following CLIENT's approval of the Construction d Documents and the latest estimate of probable construction cost, shall "> assist CLIENT in obtaining bids or negotiated proposals and assist in ,r, awarding and preparing contracts for construction. Services provided o N by CONSULTANT during this phase to include: c I Assist CLIENT in preparation of addenda. .2 Assist CLIENT in responding to Contractor requests for O clarification of the Construction Documents. _ W .3 Assist CLIENT in review of bids and/or proposals in Z determination of lowest responsive bidder/proposer. c CL 0 L 3.5 Construction Observation Phase: �- C7 0 3.5.1 CONSULTANT shall be a representative of and shall advise and consult Q with CLIENT: 1) during construction until final payment to the Contractor is due; and 2) as an Additional Service at CLIENT's direction from time to time during the correction period described in the Contract for Construction. CONSULTANT shall have authority to Q act on behalf of CLIENT only to the extent provided in this proposal Packet Pg.67 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRHZO Slide Tower Replacement Project Page 6 of I I unless otherwise modified. CONSULTANT shall provide the following construction support services: D 0 L a I Provide clarification, as required, of construction documents and respond to contractor requests for information. E d .2 Review and approval of sample and material submittals specified in Contract Documents. CL d .3 Assistance with the issuance and negotiation of change orders. d 3 0 .4 Review of contractor-submitted Record Drawings for contract ~ a> conformance and completeness based upon field observations. co O 3.5.2 CONSULTANT shall visit the site at intervals appropriate to the stage = of construction or otherwise agreed by CLIENT and CONSULTANT in z writing to become generally familiar with the progress and quality of the a, Work completed and to determine in general if the Work is being o performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, CONSULTANT shall not be required to make exhaustive or Cr continuous on-site inspections to check the quality or quantity of the I* Work. On the basis of on-site observations, CONSULTANT shall keep CLIENT informed of the progress and quality of the Work, and shall LO endeavor to guard CLIENT against defects and deficiencies in the N Work. 0 3.6 Visits to the Project Site: d O N 3.6.1 CONSULTANT shall visit the offices of CLIENT and/or the Project Site W in conformance with the following schedule: Z �a 0 Schematic Design Phase ....................... Two (2) site visits o .2 Design Development Phase ............... Two (2) site visits °- .3 Construction Documents Phase ....... Two (2) site visits Q .4 Permit and Bidding Phase ............... One (1) site visit } .5 Construction Observation Phase ..... Eight (8) site visits d >_ 4.0 EXCLUSIONS TO SCOPE OF SERVICES Q 4.1 CLIENT shall provide full information regarding requirements for the project, including a program which shall set forth CLIENT's design objectives, Packet Pg.68 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRHZO Slide Tower Replacement Project Page 7 of I I constraints and criteria, including space requirements and relationships, flexibility and expandability, special equipment, systems and site requirements. 0 Additional information that may be required by CONSULTANT as prepared by ° a other members of the project team shall include: 0 >_ 4.1.1 Topographical and utility surveys. CL 0 4.1.2 Asbestos abatement surveys. L 0 4.1.3 Preparation of measured drawings of existing structures. 0 0 4.1.4 Preparation of or site lighting plans. co O N 4.1.5 Seismic analysis and structural improvements for existing buildings to Z remain. r_ 2M U) 0 4.1.6 Soils testing/engineering, including finalized geotechnical investigation report. Note: Unusual soil conditions such as expansive soils, fill soils, soils with low bearing capacity (under 2,000 psf), and high water tables Cr which require additional engineering will be considered an additional d service and compensated for in conformance with Article 5.1.2, below. "> LO 4.1.7 Destructive testing of existing pool structures to confirm as-built o N condition. Note: CONSULTANT cannot guarantee structural integrity c of existing pool structures without confirming as-built condition of pool wall thickness, concrete reinforcement and compressive strength. Additional engineering for deficient structures will be considered an O N additional service and compensated for in conformance with Article = W 7.1.2, below. Z �a 0 4.1.8 Miscellaneous plan check and permit fees as may be required by c L regulatory agencies. o- C7 0 5.0 INDEMNITY a d >_ 5.1 The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold the CLIENT harmless from any damage, liability or cost (including reasonable attorney's fees and costs of defense) to the extent caused Q by the CONSULTANT's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of his or her Packet Pg.59 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRH2O Slide Tower Replacement Project Page 8 of I I subconsultants or anyone for whom the CONSULTANT is legally liable. The } CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold the CONSULTANT harmless from any damage, liability or cost (including a reasonable attorney's fees and costs of defense) to the extent caused by the d CLIENT's negligent acts, errors or omissions and those of his or her d contractors, subcontractors or consultants or anyone for whom the CLIENT is M legally liable, and arising from the project that is the subject of this Agreement. d The CONSULTANT is not obligated to indemnify the CLIENT in any manner whatsoever for the CLIENT's own negligence. c d 6.0 USE OF DOCUMENTS/ ELECTRONIC FILES co O N 6.1 CLIENT acknowledges the CONSULTANT's construction documents as = instruments of professional service. Nevertheless,the drawings and specifications Z shall become the property of CLIENT upon completion of the work and payment aM in full of all monies due to the CONSULTANT. CLIENT shall not reuse or make 0 any modifications to the drawings and specifications without the prior written consent of CONSULTANT. CLIENT agrees, to the fullest extent permitted by Cr law, to indemnify and hold the CONSULTANT harmless from any claim, liability Q or cost (including reasonable attorney's fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of the construction documents by CLIENT or any person or entity that acquires or obtains the plans LO and specifications from or through CLIENT without the written authorization of C*°, the CONSULTANT. o 6.2 Electronic files may be provided by CONSULTANT for review by CLIENT and use by the Design Team in the preparation of construction documents. 0 CONSULTANT assumes no responsibility for determining whether the data or software format are correct, up-to-date, or together represent actual Z �a conditions, or liability for the translations or results thereof. Acceptance or use o CL by CLIENT of electronic files shall constitute a total release from liability, and as o an indemnification for all costs or expenses from any claims, suits, judgments, or °- C7 any other actions or liability as a result of such use. Under no circumstances Q shall delivery of the electronic files be deemed a sale by CONSULTANT, and CONSULTANT makes no warranties, either express or implied, of E merchantability and fitness for any particular purpose. In no event shall CONSULTANT be liable for any loss of profit of any consequential damages as Q a result of re-use of electronic files. Drawing plan views may be delivered in AutoCAD .dwg or Adobe .pdf format. Drawing detail sheets will be delivered in Adobe .pdf format only. For use outside of the Design Team or for purposes Packet Pg.60 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRH2O Slide Tower Replacement Project Page 9 of I I AD other than the generation of construction documents a handling fee of$250.00 ° a plus $25.00 per drawing sheet shall be remitted to CONSULTANT. d E 7.0 COMPENSATION �a CL d 7.1 CLIENT shall compensate CONSULTANT for services rendered as follows: d 3 0 7.1.1 Basic Services: The Scope of Services described above shall be ~ d compensated for by a lump sum, fixed fee of: ONE HUNDRED SEVENTY NINE THOUSAND AND 00/100 DOLLARS ($179,000.00). p N 7.1.2 Additional Services: If requested, additional services will be billed for z on an hourly basis, in conformance with the rates outlined in Article a, 7.3, below. o 7.1.3 Reimbursable Expenses: Reimbursable expenses are included in the basic services fee noted in section 7.1.1. Reimbursable expenses shall Cr include the following: M I Plotting and reproduction expense of Drawings, Specifications LO and other documents. N .2 Special delivery and handling of documents and correspondence c such as courier and overnight delivery services. .3 Travel and lodging expense associated with travel outside of Southern California in connection with the Project. 0 x 7.1.4 Additive Alternate: If requested, the CONSULTANT shall provide a Z �a conceptual plan and opinion of probable cost for the "Cabana Village" c expansion. Documents shall include layout plan, details, pool to 0 hardscape relationships and an opinion of probable cost. This additive °- C7 alternate shall be compensated with an additional fee of FOUR Q THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($4,500.00). } d E 7.2 Terms of Payment: Q Packet Pg.61 AOG Proposal for Consultant Services, Rev.|. O|2O |S NRHf] Slide Tower Replacement Project Page 10 of 11 7.2.1 Payments for Basic Services shall be made based upon percentage of completion in not less than monthly installments, in conformance with the following schedule of values: 0 .| Schematic Design Phase /|D%L--- $ 17,900.00 .2 Design Development Phase /2DYQ........... $ 35.800.00 .3 Construction Documents Phase 05D%\.. $ 89.500.00 '4 Permitting Phase /5Y& ............................ $ 8.950.00 CL .S Bidding Phase 06YQ------------- $ 8,950.00 .G Construction Observation Phase /|8%\. $ 17.900.00 73 33 co 7.3.1 Compensation for additional services (when requested and authorized W in advance by CLIENT) shall be provided in conformance with the following hourly rates .| Prindpai............................— $ 195.00 per hour — 2 Project Engineer-------. $ 175.00 " " .3 -------.. $ |55DO " " Cr '1 Designer................................ $ | |ODO � -5 C|eicd----------- $ 60.00 LO 8.0 TIME � � 8.1 CONSULTANT shall prosecute design work in conformance with the following `- � schedu|m, contingent upon receipt of all required information (program, base m oheecs, soils data, etc.) from CLIENT orCUENT`odesignated representative: 8.1.2 Complete within thirty (30) calendar ac days of authorization to proceed with Schematic Development Phase. CL 8.1.3 Complete within thirty (3O) calendar days u' of approval of Schematic Design Documents and authorization to � proceed with Design Development Phase. 8.1.4 Complete within thirty (3U) calendar days of approval of Design Development Documents and authorization � to proceed with Construction Documents Phase. I Packet Pg. 62 B.5.a ADG Proposal for Consultant Services, Rev.1, 01.20.15 NRHZO Slide Tower Replacement Project Page I I of I I 9.0 AUTHORIZED SIGNATURES O L a 9.1 This proposal is valid for thirty (30) calendar days from the date referenced below and is submitted for and in behalf of CONSULTANT by: E d �a AQUATIC DESIGN GROUP, INC. d L d O 'x ✓) By: Dennis R. Berkshire 0 Its: President = Z r- 2M Z4 �gf a� 0 By: Scott J. Ferre IA Its: CEO Cr 20 January 2015 rdi Date LO 0 N 9.2 This proposal is accepted for and in behalf of CLIENT by: o a� CITY OF NORTH RICHLAND HILLS O N W Z f� O Signature of Authorized Representative CL O L a C7 0 Q Printed Name and Title E 1= ca Q Packet Pg.63 C.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: RP 2015-01 Public Hearing and consideration of a request from William A. Sandlin for a Replat of Lot 2R1, Block 1, Davis-North Tarrant Parkway Addition located at 8350 Davis Boulevard. Presenter: Clayton Comstock, Senior Planner Summary: William A. Sandlin is requesting approval of a replat of 14.34 acres at the southeast corner of Davis Boulevard and North Tarrant Parkway. The replat would subdivide one "C-1" Commercial lot into five pad site lots along Davis Blvd of 1- to 2-acres each and one larger lot of 7.66 acres. The primary purpose of the plat is to establish drainage, utility and access easements so that vital infrastructure can begin to be installed and the property prepared for development. With the recent market popularity of this retail node at Davis & North Tarrant Parkway, the owner/developer anticipates additional development on their property in the near future. General Description: CURRENT PLATTING: The property is currently platted as Lot 2R1, Block 1, Davis- North Tarrant Parkway Addition. That plat was approved by City Council on January 13, 2014. CURRENT ZONING: "C-1" Commercial COMPREHENSIVE PLAN: "Retail." The existing zoning and proposed lot configuration would support such uses. THOROUGHFARE PLAN: The lot has frontage on both Davis Boulevard and North Tarrant Parkway. Davis Boulevard is designated as a P6D 6-lane divided arterial with 120 foot of right-of-way. North Tarrant Parkway is also designated as a P6D, with 200 feet of right-of-way. ROW REQUIRED FOR DECEL LANE: The applicant submitted a traffic impact analysis (TIA) to the City on January 20 that shows that that the traffic generated by the proposed development will trigger the TXDOT requirement for a deceleration lane on Davis Blvd at the proposed southern driveway. The 12 to 14 feet of right-of-way required for such a decel lane is not currently being shown on the proposed plat. The Packet Pg.64 C.1 r4 NO&TH KICHLAND HILLS applicant is working to either provide a plat note acknowledging the ROW dedication requirement by separate instrument or plat or to show the ROW dedication on this plat before City Council. ROUGH PROPORTIONALITY: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. Recommendation: Approve RP 2015-01. Packet Pg.6.5 C.1.a oLO CL ` ~ . N "N"�\\\N a a\'I" \ v ,` LO r N - E ca Q Packet;Pg.66 may' 2 » Q Q CL � \ \ \ k CL k E 2 . . � 2 f 2 e 1000 Gal/ . earth » < d . met r 300 Packet Pg. 67 L _ _ Zvi„9£,9100 S 7lbo v1d) ¢ z O [ CD 61-z19 w > I _ _ - - - - M„9£,9t000s m CD 0 1^ LO W F _ rn U w _ c Uy Lea — 0 ¢m �co — _ U) m m v Q U F F p F / <v w W p~ W F co a U z J ° W U Z F U D u° zg WN~o� Z °az� wy�pm ¢¢UZ= ¢w amr 3"9£, �m~¢7 �¢�mY LLiw ¢m 91o00N U a of Q m U o_¢m m�H U UW U) p¢U7 ¢fix J p F Z �¢m o N a U Z L'i a \ U j a CO CD o C I- c W W (n i z\ \ \ C) Q f ix OD r Z UL z Y \ W¢ m2Q ( U �w w� �p Q (\4 7 CA- \ C a 00 �' °o<'m N O � oo C..1 CD zip sza° F- Z Y cc r \ co ~ \ 0 LL Cr J ~ ' \ rn U m \ \ \ N W °F U) \ \ w o�p a W Z Y a r \ UpL CD F2 Q \ °�'�O\ a�m> \ �� UaQm °ors,\ a a wF � ass U) c2 Bs. J¢o� w¢w 1UZ J °o\ °&� m C) w w~O� 6\ ¢¢w wpm°- s'Z Z ¢ Z J z ¢ w \ -¢a ¢¢ ¢�cq of \ O U LU ow Q L rn Fa' LL W¢vi g L9 •OO' \ �m m � Q � U aa�= m WNF�a N a Jim L7 QaU F- ZYa�ir m3: \ \ �6 ¢� (n X r- �w Q Z \ �L)a�¢m Q < �°� d 5 \ \ 3 Cb Y It e�\ RP 2015-01 Consideration of a request from William A. Sandlin for a Replat of Lot 2R1, Block 1, Davis-North Tarrant Parkway Addition located at 8350 Davis Boulevard. Senior Planner Clayton Comstock presented the staff report for RP 2015-01 , consideration of a request from William A. Sandlin for a Replat of Lot 2R1, Block 1, Davis-North Tarrant Parkway Addition located at 8350 Davis Boulevard. The purpose of this plat is to show the easements for water, sewer and common access. It subdivides the property into six total lots: five pad sites up front and a large pad in the back for an anchor or retail strip. This replat will allow them to keep grading and installing the infrastructure to get some more activity at the site. Secretary Don Bowen asked Clayton if staff's recommendation was subject to DRC's LO review of the plat as mentioned in the staff report. o N a Clayton Comstock said that all DRC comments had been addressed at the time of the Planning & Zoning Commission meeting. M r Applicant James Dollar; General Partner of this project, 511 E. Carpenter Freeway; Irving,TX came forward to present. These commercial lots will be used for sit down 13 restaurants. There will be an access easement stubbing to the east. S N 06 a LO MOTION TO APPROVE Don Bowen motioned to approve RP 2015-01. The motion was seconded by Mark Haynes. The motion passed unanimously (4-0). o (1) E 0 L W 4+ Q L 0 0 X w 0 E ca Q Packet Pg.69 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: AP 2015-01 Consideration of a request from NRH-Tarrant Properties, LLC for an Amended Plat for Harmon Farms on 9.059 acres in the 7300 block of Eden Road. Presenter: Clayton Comstock, Senior Planner Summary: NRH-Tarrant Properties, LLC is requesting approval of an Amended Plat for Harmon Farms for the purpose of adding and reflecting various drainage and utility easements. Harmon Farms is a subdivision of 28 residential lots and 2 open space lots on 9.998 acres on the west side of Eden Road between Hightower Drive and Rumfield Road. General Description: CASE DESCRIPTION: In the course of installing the infrastructure for Harmon Farms, Oncor Electric Delivery and the City of North Richland Hills have requested additional easements from the developer for utilities and drainage. Some of those easements have already been filed under separate instruments and others are being dedicated by this plat. The developer wanted a filed plat that reflected all the various easement additions. No changes are made to any lot lines. One other change that is reflected is the Zoning Board of Adjustment's approval of a reduced sideyard setback on Lot 12, Block 1. EXISTING SITE CONDITIONS: The development is substantially complete with streets, utilities, drainage, etc. already in place and has been released for building permits. K. Hovnanian Homes will be primary homebuilder within the development. PLATTING STATUS: The Final Plat for Harmon Farms was approved by City Council on March 3, 2014 and filed with the County Clerk on September 9, 2014. EXISTING ZONING: "R-2" Single Family Residential. The R-2 zoning was approved by City Council on August 26, 2013. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. The Low Density Residential Land Use provides for traditional, low- density, single-family detached dwelling units. Packet Pg.70 r4 NO&TH &QCHLAND HILLS THOROUGHFARE PLAN: The subdivision has access and frontage to Eden Road, a planned "C4U" 4-lane undivided collector street with 68 feet of ultimate right-of-way. Adequate right-of-way has already been dedicated by the Final Plat but is reflected on this Amending Plat as well. SURROUNDING ZONING / LAND USE: North: R-1 Single Family / Low Density Residential South: AG Agricultural / Low Density Residential East: R-1 & R-2 Single Family/ Low Density Residential West: R-2 Single Family / Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The Rough Proportionality Determination that was previously provided to the applicant through the Final Plat (FP 2013-11) still applies. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their January 15, 2015 meeting and voted 4-0 to recommend approval. Recommendation: Approve AP 2015-01. Packet Pg.71 ZG •6d Ia�l��d D rt r o }' Dr w w D � -o N 0 cn 0 sra hr L-va F-FTT-F-F]7- �i I iii I i r if V, p ��li uuulllll °� / t I _�j,,I �r �l I✓ j87, a r Attachment: AP 2015-01 Aerial Map (1338 : AP 2015-01) m Q W Q � 00 C 0000 0z C' W Q Q C CD ro H � Q 0 — W J Q J Q ��K5 JQO JQO (� awn J > J > w LL Lwi0 pJ�NH waF I 1 m�N°U Q W Qua QU Ir M ° Ld� �I ~�Z M° (M O'a ,99 43NNb7d) W o X3.. U ao N0>- Q°°c°V (*M*O*a H14IM 378bI&VA)U ° ° abOJ N343 n 1 g S6f M 00 _ _ Z9 f6£' S 59.00 N �- 00 Ono -- _ _ - - _ DD'9Z 00'92 0'08 z b )CPO I — _ = I—� � ^7 — -- (ldld SIHl ).B)19L ---- 0�O� I J a- HW �J I�—� ta.I J I I DQ0n I �� Lev I I w I I I Ja 0 �I3� �^ CYaLq I I >w i I I I � Uoio II 7 3ZLLJ Lo W)>- NQ NNO �Q I op N I ml 3r d3rn U» III f� W J �Z wJ I XZ Li In} Cp 3� N ^ WZNH lI n o a M W C_ in w. I N LT °.°. Q w a a ci Q I n ,� �a �N i �vNi I I� nvN N Lu D OM C3 aII i N i S~ �� P: I I cd I 0 En o 00 �i r� Y i Q o c' .cr W) I - �� �I I WC_NCi �I rn O V) LO ��° mll LU 00°of Lo m °pI °' ° II �— 00'OZL M_ ,9fi,60.00 S ___ Loy' 00 I ` Viz° Cool �l °II o Z I >o cnl III TO — C) U I m i ~I I 20' BL I N o IN ^ I 10'08 69'90 II o I 09'91! 3 „ba ra N °0 £7 i w o I ------------I-- M .0 '�J 09) II I ,00'OZL M ,9il,60.00 SI - _ - - - 09'fi81 3 „bz90.10 N 86.99 cv �--,°1 anoo A-37N/>/ - 3 „vZSO.10 N b 0 I I I d 6L'9L1 3 „b67,90.10 N N I ,LO'08 T ,8L'9£' 67I I 20' BL 1 -- r �Z DD'OL M fi,600 N I U- �l \ / U: FI & ^I N al NLn Id °J°I 00 N r �'l i �l N r DID ELI rn pI '� o N � Y �, � Ln W r7 I �I �N I ^I V) 00 N I o 0 co U41 LQ Q I I co, I I �I °' rnl m °p' 0 I d' IV)-- - IP 00'OZL M „9i�,60.00 Sr _(1Vld SIHl ).B) '3'fl,9'L ----_----+ 09'£L -_ - -- 69'ZL -- 0 �II __ ----_ '9Z io Il 3 ,9 ,60.00 N 0ZL col —=—'—fLLn l IH '3'l 9'L O o dlS _ —U O— Ln -- L rn o I ; � J LO rrj ml i ^rl i Nl U- 00'021 M ,9fi,60.00 SI Im NI � Ln w, �Ln LU NLn �� "vi N °�° �l Nrn oI N �PO ZZ WI� o Lei i AP 2015-01 Consideration of a request from NRH-Tarrant Properties, LLC for an Amended Plat for Harmon Farms on 9.059 acres in the 7300 block of Eden Road. Director of Planning and Development John Pitstick came forward to present the staff report for consideration of an amended plat for Harmon Farms on 9.059 acres in the 7300 block of Eden Road. Oncor and the City requested various drainage and utility easements; these easements do not affect the number of lots. ZBA approved a lot that has 3 sides to it to move the setback to 15 feet. Applicant Mark Wood; 6617 Precinct Line Rd Suite 200; North Richland Hills,TX came forward to present. This is a cleanup item. During this development there were 4 easements presented by Oncor and the City of North Richland Hills. LO 0 MOTION TO APPROVE o Kathy Luppy motioned to approve AP 2015-01. The motion was seconded by Mark a Haynes. The motion passed unanimously (4-0). a CO M M r d 3 S E N 06 a LO 0 0 E 0 L W .W Q L 0 0 x w 0 E ca Q Packet Pg.75 D.2 r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: FP 2015-01 Consideration of a request from Pulte Homes of Texas, L.P. for a Final Plat of the Reserve at Forest Glenn; being 74 Lots on 28.94 acres located at the northeast corner of Smithfield Road and Bursey Road, and its associated Watercourse Maintenance Agreement. Presenter: Clayton Comstock, Senior Planner Summary: Pulte Homes of Texas, L.P. is requesting approval of a Final Plat for the Reserve at Little Bear Creek, a 74-lot "R-2" residential subdivision on 28.94 acres at the northeast corner of Smithfield Road and Bursey Road. General Description: CASE DETAILS: Twenty (20) of the 74 lots (27%) are planned to be between 9,000 and 9,100 square feet; 19 (25%) are planned to be greater than 13,000 square feet; and the remaining 35 lots (47%) will be between 9,100 and 13,000 square feet. The open space provided with this development is 3.3 acres, or 11.4% of the gross area. Much of this open space is located within the open drainage channel. The developer is required to improve the drainage channel with a concrete pilot channel and retaining walls pursuant to the City Image Study. Other open space areas include landscape and screening wall buffers along Bursey and Smithfield as well as a few entry-feature areas into the neighborhood. EXISTING SITE CONDITIONS: The property is currently undeveloped; however some of the last remnants of the old Green Valley Raceway—specifically the middle of the raceway—are visible and will be developed over by this subdivision. An unimproved drainage channel that was created for the surrounding Forest Glenn subdivision in the early 2000s also cuts across this property. PLATTING STATUS: Unplatted and described as Tracts 1A1A1 and 1A2 of the Alexander Hood Survey, Abstract No. 683 and Tracts 2A3A3A and 2A7 of the S. Richardson Survey, Abstract No. 1266. The Preliminary Plat for this subdivision was approved by the Planning & Zoning Commission on August 7, 2014. EXISTING ZONING: "R-2" Single Family Residential. Packet Pg.76 D.2 r4R NO&TH KICHLAND HILLS SURROUNDING ZONING / LAND USE: The property is surrounded on all sides by "R- 2" zoning and "Low Density Residential" land use designation. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. The Low Density Residential Land Use provides for traditional, low-density, single-family detached dwelling units. THOROUGHFARE PLAN: The subdivision will have access onto Smithfield Road and Bursey Road. Both roads in this area are fully developed and classified as "C4U" 4-lane undivided collectors with 68 feet of right-of-way and a design speed of 30-40 MPH and school zone of 20 MPH (Green Valley Elementary School). No additional right-of-way is required from this property for either Smithfield or Bursey Road. A sidewalk exists along Smithfield Road, but this development will also be installing a sidewalk along Bursey Road as well. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. This includes some minor drainage improvements within the existing outfall ditch which bisects the tract. The channel improvements will consist of installing a pilot channel and terracing the side slopes to comply with the City Image Study. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. WATERCOURSE MAINTENANCE AGREEMENT: A Watercourse Maintenance Agreement is attached for Council's review and consideration with this item. The purpose of such agreement is to establish who is responsible for maintaining the open drainage channel and to what level of maintenance. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their January 15, 2015 meeting and voted 4-0 to recommend approval. Recommendation: Approve FP 2015-01. Packet Pg.77 n�.z.a 1, LLLI TFT0 LO - LLLL N - a � M .Y ti v Y CCQ ♦ r Y 0 IE LO 0 N LL E t Q Packet Pg.78 r� I 1' / o d 1/r / LO c N Il 7 0 M, 0 LO i y U- �, VVV iyulu �il ii i���IIV d I II II p� I I r l li% QC 1 � (V MI L N ' ^ Ln -� 12' 85 6S tS LZl \ _ oo SZl I ----'7'-----00! — — — — 73 l M„OO,P0.00N M OO tZ oOON OO OtI, OO,sll b — -0 --------------------- 1 antiQ SaJP7IS010A 13'OS 5906 0 J J J � a Ln 00'SO M.00,00.00N CV m N b ___—__—__—__—__—__—__—__—__—__—__—__�I}_-0—__— 07, J ! J 9I OZI 1 a aALI(j Sa11112'I JSa.zo1 zo'la 57 I I N I i N ,os F7�a,oz 1� 111,OO,SZI J OO,SL OS,ZL OS'ZL OS ZL N 54.50 % L• O m - 08 I o 3 95 SZ o6MOO tz o00N — — — — — — — — — — uc ' Ln'13 aS 5906 a ! 7°a oz . o !° '13't�s�szu n o o a o0 0 0 ^ a �'N N LI'ZSL NJ N p 0 0 0 0 d 0 O d - d �j I o cn O cn o n 0 o O CO � o (n M n m :_ 3,OO tZ o00S O a M 0 00 N M O �M O Ln n 0 n V f OO SZI o o M o NO 3 o O' N 06176 � NI I I woo tz o00N rn 00 rn� , I if)1 13'OS 5906 O R 00S8 '3-n,5'L OS'ZL ,OS'zz OS•ZL 09'ZL -3-n,S'L Z9_S6 ^� I9 6ZI to — ----- ------ ------ ------------ ------ �'� 3„OOtzoOOS --- 1 -y.3.�-S-z- -- ------ ---- .3'n s•� I I I OO,szl 31100 tz oOOS 13'OS 17056 �n1 I MOO tz aOON w O w r w w w Ln '13'OS 5906 1 m o o w 0 w 0 w o w oo N ^I 1 CD CD 00 cioo o ° o ci° p v Ql I Ln o I N CD n fl O ° o o cn (D O cn co o N cn o O `n l a a I 9 0 L Z I Ln M M ro v I O o a N a OM N a N M N rn 3 I 3,00.tZ o00S � `� '13'OS 9906 O rn �I I z z z z z N c0 cn ' I MOO tZ oOON 7°B4OZ — —7'B, I� NI 13'OS 5906 I ------- ----------------- M zj 0 1� I ^II rt I 1 ° 00'SL OS ZL OS ZL OS ZL OS'ZL Z9 OL L� $ I � ; '� ,IV'6 11 I .NJ O J o Z9OLb ^001PZ.00N �(�� 3 OO-tZ-OOS 1 oo,szI, 1r lij opispoo, 0 13 OS 69991 I I MOO tZ oOON 09- I 1 '13'OS 5906 I OO SL OS ZL OS'ZL OS,ZL OS'ZL 69'0t - / �I Lq 79,06, 0 N 0 0 0 0 0 7'B4OZ �? wl 1 00 SZI Q o N ° 0 o n n Ln o o .'6� 9c. I MOO tZ oOON N `n 0 M n �� �i o _ o d� /ro N �Q m � ON a s � I '13'OS 5906 0 ,n � rn w — N - °� N n M ri I Ln cn o Ln 0 o n OO S8 '3'n ,S'L OS zL O O ^ M0 00 m O s9 7� J I 0) 00 ------- ------ o a n_- OO SZI ° w ^ ?�I MOO tZ o.()ON os LSl a,n ' -� ° 3„OO,tz o00S wl Ln l2 I 13'OS 5906 I o o Ln N .I 0 0 Bill — — � Q;a 13'OS 61bU �?1 V y %'� �� w c — n — — — — — — ---- - ----— — -T v Zoo— r — — — — OS'ZL — 09'L9 I �I ----- � 98 o x - 3.00 tz oOOS 3'n m ,s'z tI SS 1j MOO tZ o00N 6 n ✓ �n '13'OS S6LL1 'n1 ojji`Li / \A N I a lO j 2'25" \ \ O O O O 10 N07 2 ° Z 127.61' w Ln <D 0 0 0 N a O's ✓ / Ln U; / a Q 1-- N U) Q / —-—- Ln rn I S ,�1 1 wi 2��2�5'°6 ��. \ tip' �^�' ��/ ' 1 �I �5�5 S \9os�� p, /' 4 J J 1 / F--—-—-— wI CV �^� n s / I O o\ 4------------I � 0'� ��9��x I � l 1 ti �� �' N'Q� ' ' O -—-—-—-—-—� IZZ U-)� LO CD n o z C o � � �C)CIO O o N I O - i / N w /' — — — In I Z 63.55, —' D.2.c1 FP 2015-01 Consideration of a request from Pulte Homes of Texas, L.P. for a Final Plat of the Reserve at Forest Glenn; being 74 Lots on 28.94 acres located at the northeast corner of Smithfield Road and Bursey Road. Senior Planner Clayton Comstock came forward to present the staff report for a Final Plat of the Reserve at Forest Glenn; being 74 lots on 28.94 acres located at the northeast corner of Smithfield Road and Bursey Road. Construction crews are already on the property under an early grading permit to put in erosion control and fencing. They are preparing to start once Planning & Zoning and City Council approves. They will leave the channel where it is. The northeast end of the channel will remain in its natural state. Applicant Marc Paquette; 5751 Kroger Drive Suite 185; Keller, TX came forward to LO present on behalf of Pulte Homes of Texas. The plat before you is for 74 lots on the o 28.94 acres; all are R-2 zoning with a minimum of 9,000 square feet lots. They meet or a exceed the development standards. The major feature is the drainage channel; there `` will be no crossing of the channel. It will be an HOA maintained lot. Pulte has signed a watercourse maintenance agreement and turned it into the City. We will be improving the channel by adding a concrete flume at the bottom and having terrace sides with small retaining walls. It will inhibit the growth of weeds and so forth. It will remain natural on the northeast of the channel. All streets will be public streets with water and S sewer from the City. All landscaping will be maintained by the HOA. Once this is N approved and goes to City Council we will begin construction as soon as possible. 0- LO Chairman Randall Shiftlet asked the applicant if he has the necessary permits from the Corps of Engineers. o aD Marc Paquette said we have applied for the permit and it is in the process of getting the E comments back. We sat with the Corps and had different options we have discussed. ° w We won't be doing any work on the drainage channel until there is a permit in hand. We CL kept a fence up around that area of the channel to prevent the Contractors from doing any work in that area. w E MOTION TO APPROVE Kathy Luppy motioned to approve FP 2015-01. The motion was seconded by Mark a Haynes. The motion passed unanimously (4,0). Packet Pg.81 40-MZ d= OVE0 juewee 6d eoueuajuieW as.inoweleiN :juauauoejjd w N �i °a O � �a WATER COURSE MAINTENANCE AGREEMENT a KNO W ALL MEN BY THESE PRESENTS THAT: WHEREAS, by plat titled THE RESERVE AT FOREST GLENN (hereinafter referred to as "RESERVE AT FOREST GLENN") approved on , 20_ by the City Council of the City of North Richland Hills, Tarrant County, Texas, (hereinafter referred to as "City"), PULTE HOMES OF TEXAS, L.P. (hereinafter referred to as "Owner") was permitted to develop the property legally described as THE RESERVE AT FOREST GLENN, LOTS 1-15 & 15X/BLOCK 1, LOTS 1-34, 1X & 34X/BLOCK 2, LOTS 1-12/BLOCK 3 AND LOTS 1-13 & 13X/BLOCK 4 on Exhibit "A" attached hereto in accordance with the Plat, and; WHEREAS, as a condition to approval of the Plat, the City required construction of drainage facilities which shall be located in Block 2, Lot 34X, legally described within RESERVE AT FOREST GLENN and shown on Exhibit "A" attached hereto, and; WHEREAS, the City is willing to permit the Owner to construct an earthen water course (hereinafter referred to as the "Water Course") in accordance with the plans approved by the City, as opposed to a concrete Water Course provided that the Owner agrees to perpetually maintain such earthen Water Course, and shown on Exhibit "B" attached hereto. NOW THEREFORE, Owner agrees as follows: 1. Owner shall construct, at its sole cost and expense, an earthen Water Course within Block 2, Lot 34X, as shown on Exhibit "A" hereto according to the plans approved by the City. Owner further agrees on behalf of itself, it's successors and assigns, including any homeowners associations created to carry out the Owner's obligations and those of the owners of other portions of RESERVE AT FOREST GLENN to maintain such water course as hereinafter set forth in Paragraph 2 hereof, and to reimburse the City for the cost of maintenance should such be necessary as set forth in Paragraph 3 hereof. 2. Owner shall maintain the Water Course in a prudent manner to minimize soil erosion, loss of capacity due to sedimentation, and keep grass and vegetation mowed and maintained as follows: a. The Water Course area will be mowed at least once every other week during the growing season between March 15th and October 15th. Page 1 of 6 PW77WCMA (Revised 813012006) 40-MZ d=1 : OVE0 juewee 6d eoueuajuieW as.inoweleiN :juauauoejjd M ' �i °a O � b. Any debris which deposits itself in the Water Course area will need to be picked up and removed once a week or after a storm event, a whichever is more often. C. Any noticeable sediment accumulation in the water course area will be removed at least once annually and any vegetation disturbed during such maintenance activities must be reestablished to prevent further downstream sediment accumulation. d. The Public Works Director or his designee may grant exceptions to this maintenance schedule due to weather conditions, unusual situations or acts of God. 3. Should Owner fail to remedy any inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Owner upon written demand therefore. If Owner fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against Block 2, Lot 34X for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records. By acceptance of this agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Owner pursuant to this agreement. 4. The agreement made herein shall be binding upon the Owner, its successors and assigns and shall be a covenant running with the land that is Block 2, Lot 34X. If Owner conveys Block 2, Lot 34X to a homeowners association created with respect to Reserve at Forest Glen, this agreement shall be binding upon such homeowners association as a subsequent owner of Block 2, Lot 34X, but following such conveyance the prior Owner of such land shall have no further liability or obligations under this agreement from and after such conveyance. 5. This agreement for maintenance shall terminate only if the Water Course is constructed with concrete in accordance with plans approved by the City. By acceptance of this Agreement, the City agrees to execute a recordable termination of this Agreement upon the City's acceptance of a concrete Water Course in accordance with this paragraph. Page 2 of 6 PW77WCMA (Revised 813012006) 40-9WZ d= OVE0 juau eeft eoueuajuieW as.rnoweleiN :juauauoejjd w le �i °a a. v ! a. ; Executed this the q V`day of A�S . Pulte Homes of Texas, L.P., a Texas limited partnership By: Pulte Nevada I, LLC A Delaware limited liability company Its: general partner Clint Vincent Division Vice President Land Development STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared Clint Vincent known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of LX" , 20 1'�j N ary Public in an for t e State of Texas Type or Print Notary's Name P m JESSICA HERNANDEZ My Commission Expires: ' I�� a `:�- Notary Public.stare or Texas � My Commission Expires ' April 18, 2018 Page 3 of 6 PW77WCMA (Revised 813012006) 40-9WZ d=1 : OVE0 juau eeft eoueuajuieW as.inoweleiN :juauauoejjd w LO �i °a a CITY OF NORTH RICHLAND HILLS: a By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney for the City APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Development Services Page 4 of 6 PW77WCMA (Revised 813012006) I! Z z ZbseiiooLm -4SU wIm 5l S1 I H P-D 1 140!8 UPON 10 14 0 IRM I" .00 79oz M..65.sz.6L .11 AZ J 3..SZA.aos z at tn SZI "o, 341. �j N z.e —S 11. m N O 3. 86•y^ cr\12:2 3..00.62.005 P, 1305't906 X08,1, Ito 'o vl 6 cm .00 GZI s'. Mo.—oos *,.�?a z on SO.LT-S MA 1f10N 3..Mlz.o0 0.1z.. 0Oe —S S—L 4 vt .09 M 1.0-1.0 M TILT co .00 .00 09L 111 000�zl In .. . . .0-Z.00N w 00-1 CIONOSL U c IS, F U a 11 - .20 0 11*11N A ti T 1,1111 VIII)A SL 6 SS 1 m 0 SZL Ve 7- - 3AC.SZALN. -'LZTZL, 6,6 3..00.tZ.00S 0 M ill%lslfx ZL oq ZL •OG*Z, 0SZL-3-r T L Zq G6 tl I .19 c b . .90'[21 0 a 0 b .00 sz, 1z 1z 1z V) 7GAZ 3..00.42.005 `Mpf)"'" m l os 69em pno o°,d",-I 10,1Z*11N IAIT(j El ims,l Sno7 10*1Z1 7Senz ao qa .00 M I. - ��L.OS b_ M-00. 0 3. b —s a1 6v O .00*SZL cc 2 . 11111 .. —/� -7gq '.1, 1 . —F- 00 1 701�11�,OO.N 3.0—Z.00s 3 o 10 1.,S 00 07,l2'2 0 Cm;r Cp In V-CmLn In In IP4 In V Z v <IV Z z z c awm X)T" -Z.- ti/ c z 3: VIS :w 5.61.9o.toN sw 1z 0< -0 -;L. z : IV Oka a vtiZf- ado Quo d z D. gz�Z: -z u Z,w W. < -WL z �yy uI. 1 b 1w- <0 fl U, z W-iI Rc:zi -,ww z< . W- <W lu ZBG WW L4 z M, z W-W- ux,z�wwzc z w z z O 'u-z- -29 w .92 w. U, w -Z I. W < < w Z W .2, <OmM z z. w ww W, ;� z w Do< < < < 0 .1 w- ­ zOa z Z<I"i If < 0., 31 .1 h, 0 < Ow. < I x w Z Olt mu� < u Ll -Z ow d. z Z �7 w.6 < W. cr < >: < w < 1z r Z 1 noo O oo P�j I ♦ \ LO w LL So-f / Faso II II G�aGa � ` ICI w LU W ' y o LL i a SANVI 1S32i0� I O II G e F.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Discuss Ordinance No. 3343 and referendum petition. Presenter: George Staples, City Attorney Summary: This item is placed on the agenda to discuss and receive direction from City Council regarding Ordinance No. 3343 and the referendum petition. General Description: A petition has been submitted to the city requesting the repeal of Ordinance No. 3343 related to solar energy systems. The City Council will hear a report from the city attorney regarding the petition, discuss next steps and provide direction to staff. Recommendation: To receive report from the city attorney and provide direction to staff. Packet Pg.88 H.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 26, 2015 Subject: Announcements. Presenter: Mary Peters, Public Information Officer Summary: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. General Description: Announcements - Tickets are on sale now for the annual Daddy Daughter Valentines Dance which will be held on Saturday, February 7th in the Grand Hall at the NRH Centre. This special evening will include dancing, refreshments, photographs, and more. The cost is $15 per person. You can purchase tickets at the NRH Centre Guest Services Desk. For more details, please call 817-427-6600. The NRH Public Library is taking appointments for AARP Tax-Aide. Appointments are available from 9:00 a.m. to noon every Monday and Thursday beginning February 2nd. Please call 817-427-6814 for more information and to schedule your appointment. Kudos Korner - Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Timothy Hennessy in the Police Department — A citizen emailed to thank Officer Timothy Hennessy for assisting when his car battery had run down in the NRH Library parking lot. Officer Hennessy happened to pull into the library around the same time and helped the citizen get back on his way. He expressed his sincere appreciation for Officer Hennessy's dedication and willingness to serve during his "time of distress." Recommendation: N/A Packet Pg.89