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
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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
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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
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H.1 Announcements.
1 I. ADJOURNMENT
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Certification
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I do hereby certify that the above notice of meeting of the North Richl
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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/
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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.
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REMOVED FROM
POSTING BOARD
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Date:na,/64��/.5.--
By: Leibvi Ay i
Monday January 26, 2015 City Council Agenda
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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2. Presentation of new mass notification system (Everbridge) for severe weather
and other emergencies. o
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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.
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Council had no questions for staff. C
EXECUTIVE SESSION
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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
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Mayor Trevino announced at 6:02 p.m. that Council would adjourn to the regular
Council meeting. o
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REGULAR COUNCIL MEETING
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A. CALL TO ORDER
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Mayor Trevino called the meeting to order January 12, 2015 at 6:30 p.m.
ROLL CALL
January 12, 2015
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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.
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A.2 PLEDGE
Mayor Pro Tern Wright Oujesky led the pledge of allegiance to the United States and
Texas flags.
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A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S)
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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
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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
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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
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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.
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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
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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.
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MOTION TO APPROVE CARRIED 7-0.
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Mayor Trevino announced that City Council will move to items D1 and D2.
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D. PLANNING AND DEVELOPMENT LO
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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
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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
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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
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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.
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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
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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
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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
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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.
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Mayor Trevino announced that Council would move to item F1.
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F. GENERAL ITEMS
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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
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• 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
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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.
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MOTION TO APPROVE CARRIED 7-0 E
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Mayor Trevino announced that Council would move to item C1. o'
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C. PUBLIC HEARINGS a
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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
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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.
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MOTION TO APPROVE CARRIED 7-0 E
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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
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City Council considered and took action on this item earlier in the meeting.
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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
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City Council considered and took action on this item earlier in the meeting.
E. PUBLIC WORKS
January 12, 2015
Page 8 of 10
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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
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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
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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.
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MOTION TO APPROVE CARRIED 7-0. U)
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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
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MOTION TO APPROVE CARRIED 7-0. "
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H. INFORMATION AND REPORTS
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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
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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.
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Oscar Trevino, Mayor 0
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ATTEST:
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Alicia Richardson, City Secretary 3
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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
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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
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AGREEMENT NO. 220728
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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.
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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
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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
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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
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3. Consideration. N
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3.01. The consideration for the granting of this License shall be (a) payment by Licensee to '
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Licensor of the following License Fee: ..
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October 1,2014 $ 173.00
October 1.,201.5 $ 345.00 co
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October 1, 2016 $ 518.00 ti
October 1;2017 $ 690.00 N
October 1, 2018 $ 707.00 +41
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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
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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
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charge of$25.00 to help offset the administrative cost involved in handling such late payment. }
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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
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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.
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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
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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
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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
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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
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have been.approved by Licensor. N
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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
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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
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5.05. Licensor makes no warranty regarding subsurface installations on the Property. °'
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Licensee shall conduct its own inspection of same and will not rely on the absence or presence of
markers.
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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
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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.
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North Richland Hills—W of Main.Street 2 of 6 Mile Post 622.37-622.47
6-inch Sanitary Sewer
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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.
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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
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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").
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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
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necessary to ensure that no such hazardous substance or solid waste will ever be discharged onto the
Property by Licensee or its Contractors. N
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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
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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
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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°•,
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9.04. Licensee shall indemnify and hold Licensor and Railroad harmless against all cost of
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environmental clean up to the Property resulting from Licensee's use of the Property under this d
License. d
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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
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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
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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
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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. '
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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
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14. Duration of License. This License shall terminate and be of no further force and effect (a) in.the
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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
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with paragraph 19 of this License,whichever event first occurs. o
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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
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Licensor harmless from any failure to so abide and all actions resulting therefrom.
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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,
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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.
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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
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19. Methods of Termination. This License may be terminated in either of the following ways:
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19.01. By written agreement of both parties, or
19.02. By either party giving the other party thirty (30) days written notice. L
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20. Miscellaneous.
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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:
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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
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LICENSEE: City of North Richland Hills L
7301 NE Loop 820 P.O. Box 820609 °1
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North Richland Hills,Texas 76180 North Richland Hills, Texas 76182-0609
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Either party may from time to time designate another and different address for receipt of notice
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by giving written notice of such change of address.
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20.02. Governing Law. This License shall be construed under and in accordance with the laws
of the State of Texas. N
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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. ">
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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
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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.
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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
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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.
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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
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a)
IN WITNESS WHEREOF, the parties have executed this License in multiple originals on the
date Iast signed.
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LICENSOR: DALLAS AREA RAPID TRANSIT
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TIMOTHY H. MCKAY, P.E. Q
Executive Vice President o
Growth/Regional Development c
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Date: '
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LICENSEE: CITY OF Q
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BY:
MARK HINDMAN
City Manager o
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Date: o
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EXHIBIT "A" N
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ST. LOUIS O0Ln FMBRN RAILWAY LIM �
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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
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Red - Proposed Sanitary Sever Ltne.
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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
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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
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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.
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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.
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AQUATIC
.�[ DESIGN GROUP PROPOSAL FOR CONSULTANT SERVICES, Rev.I
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1.0 INTRODUCTION
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1.1 AQUATIC DESIGN GROUP, INC. of Carlsbad, California (hereinafter referred
to as "CONSULTANT"), proposes to provide consulting design services to Q
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CITY OF NORTH RICHLAND HILLS, (hereinafter referred to as "CLIENT")
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for the following project:
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NRH20 Slide Tower Replacement �
North Richland Hills, Texas y
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1.2 In conformance with the Request for Proposal dated 14 January 2015 as issued
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by Mr.Joe Pack, CONSULTANT shall provide: r
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2.0 SCOPE OF WORK °
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2.1 CONSULTANT shall provide design and engineering services as hereinafter Cr
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described for the following aquatic features:
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2.1.1 Removal of Existing Slide Tower and slide flumes
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2.1.2 Renovation as required of existing Purple Palooza and Blue Slide tower `*'
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to remain
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2.1.3 Interface design for the existing slide receiving pool W
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2.1.4 Upgrades of existing slide mechanical space to support items 2.1.1-2.1.3 z
above
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2.1.5 Preparation of RFP to slide manufacturers for the new slide complex a
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2.1.6 Provide slide submittal analysis to assist the City in selection. Q
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2.1.7 Provide plans and specifications for the installation of the new slide
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complex
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2.1.8 Preparation of landscape and irrigation plans for areas directly adjacent
to the slide and slide decking.
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ADG Proposal for Consultant Services, Rev.1, 01.20.15
NRHZO Slide Tower Replacement Project
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3.0 SCOPE OF SERVICES )
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3.1 Schematic Development Phase: E
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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
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understanding of such requirements with CLIENT. c
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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,
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3.1.3 CONSULTANT shall assist the CLIENT in issuing a RFP to various slide
manufactures.
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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
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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
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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-
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include the following: Q
Slide area layout plan.
.2 Slide/Surge tank plan view.
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.3 Slide/Surge tank longitudinal and cross-sections.
.4 Slide balance tank finish details.
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.5 Slide area hardscape layout plan.
.6 Slide area landscape layout plan.
.7 Outline specifications in CSI format.
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ADG Proposal for Consultant Services, Rev.1, 01.20.15
NRH20 Slide Tower Replacement Project
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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:
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Swimming pool equipment room dimensions.
.2 Sanitary/storm sewer requirements and points of connection. d
.3 Domestic water requirements and points of connection.
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.4 Natural gas requirements and points of connection if required. c
.5 Electrical requirements and points of connection for swimming
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pool equipment.
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3.2.3 CONSULTANT shall provide an opinion of probable construction cost =
for the CLIENT to review and establish the intended project scope. z
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3.3 Construction Documents Phase:
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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
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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
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estimates of probable construction cost indicated by changes in
requirements or general market conditions. Q
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ADG Proposal for Consultant Services, Rev.1, 01.20.15
NRH20 Slide Tower Replacement Project
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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 °
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relates to the design program elements.
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3.3.4 Based upon the approved Design Development Documents and any
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further adjustments in the scope or quality of the Project or in the
construction budget authorized by CLIENT, CONSULTANT shall
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prepare, for approval by CLIENT, Construction Documents consisting c
of Drawings and Specifications setting forth in detail the requirements ~
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for construction of the water attraction. Construction Documents
Phase deliverables shall include the following: 0
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Architectural Drawings: z
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• Slide tower plan view. d
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• 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'
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• Slide surge tank structural sections.
• Slide tank reinforcement schedules. Z
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• Miscellaneous slide area structural details. w
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.3 Mechanical Drawings: °-
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• Slide piping plan. }
• Slide mechanical equipment piping plan. d
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• Slide mechanical equipment sections.
• Slide mechanical details.
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.4 Electrical Drawings:
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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.
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.5 Miscellaneous:
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• Slide surge tank structural calculations.
• Final form slide technical specifications in CSI format. c
• Details for the coordination of the slide manufacturer scope
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of work and the contractor scope of work. :2
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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.
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3.4 Bidding or Negotiation Phase:
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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
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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. _
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.3 Assist CLIENT in review of bids and/or proposals in Z
determination of lowest responsive bidder/proposer. c
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3.5 Construction Observation Phase: �-
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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
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ADG Proposal for Consultant Services, Rev.1, 01.20.15
NRHZO Slide Tower Replacement Project
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unless otherwise modified. CONSULTANT shall provide the following
construction support services: D
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I Provide clarification, as required, of construction documents
and respond to contractor requests for information. E
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.2 Review and approval of sample and material submittals specified
in Contract Documents. CL
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.3 Assistance with the issuance and negotiation of change orders.
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.4 Review of contractor-submitted Record Drawings for contract ~
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conformance and completeness based upon field observations.
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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.
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3.6 Visits to the Project Site: d
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3.6.1 CONSULTANT shall visit the offices of CLIENT and/or the Project Site W
in conformance with the following schedule: Z
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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
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4.0 EXCLUSIONS TO SCOPE OF SERVICES
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4.1 CLIENT shall provide full information regarding requirements for the project,
including a program which shall set forth CLIENT's design objectives,
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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 °
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other members of the project team shall include:
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4.1.1 Topographical and utility surveys.
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4.1.2 Asbestos abatement surveys.
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4.1.3 Preparation of measured drawings of existing structures. 0
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4.1.4 Preparation of or site lighting plans. co
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4.1.5 Seismic analysis and structural improvements for existing buildings to Z
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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. ">
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4.1.7 Destructive testing of existing pool structures to confirm as-built o
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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
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additional service and compensated for in conformance with Article =
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7.1.2, below. Z
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4.1.8 Miscellaneous plan check and permit fees as may be required by c
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regulatory agencies. o-
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5.0 INDEMNITY a
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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
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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
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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
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6.0 USE OF DOCUMENTS/ ELECTRONIC FILES
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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
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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
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conditions, or liability for the translations or results thereof. Acceptance or use o
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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 °-
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any other actions or liability as a result of such use. Under no circumstances
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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
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ADG Proposal for Consultant Services, Rev.1, 01.20.15
NRH2O Slide Tower Replacement Project
Page 9 of I I
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other than the generation of construction documents a handling fee of$250.00 °
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plus $25.00 per drawing sheet shall be remitted to CONSULTANT.
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7.0 COMPENSATION
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7.1 CLIENT shall compensate CONSULTANT for services rendered as follows:
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7.1.1 Basic Services: The Scope of Services described above shall be ~
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compensated for by a lump sum, fixed fee of: ONE HUNDRED
SEVENTY NINE THOUSAND AND 00/100 DOLLARS ($179,000.00). p
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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:
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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
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7.1.4 Additive Alternate: If requested, the CONSULTANT shall provide a Z
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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 °-
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alternate shall be compensated with an additional fee of FOUR Q
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($4,500.00). }
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7.2 Terms of Payment: Q
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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
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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
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-5 C|eicd----------- $ 60.00
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8.0 TIME �
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8.1 CONSULTANT shall prosecute design work in conformance with the following `-
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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.
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8.1.3 Complete within thirty (3O) calendar days u'
of approval of Schematic Design Documents and authorization to
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proceed with Design Development Phase.
8.1.4 Complete within thirty (3U) calendar
days of approval of Design Development Documents and authorization
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to proceed with Construction Documents Phase.
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ADG Proposal for Consultant Services, Rev.1, 01.20.15
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Page I I of I I
9.0 AUTHORIZED SIGNATURES
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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
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AQUATIC DESIGN GROUP, INC. d
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By: Dennis R. Berkshire 0
Its: President =
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By: Scott J. Ferre IA
Its: CEO Cr
20 January 2015 rdi
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9.2 This proposal is accepted for and in behalf of CLIENT by: o
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CITY OF NORTH RICHLAND HILLS
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Signature of Authorized Representative CL
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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
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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.
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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
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review of the plat as mentioned in the staff report. o
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Clayton Comstock said that all DRC comments had been addressed at the time of the
Planning & Zoning Commission meeting.
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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
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MOTION TO APPROVE
Don Bowen motioned to approve RP 2015-01. The motion was seconded by Mark
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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.
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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.
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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.
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Kathy Luppy motioned to approve AP 2015-01. The motion was seconded by Mark a
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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.
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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.
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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
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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-
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Chairman Randall Shiftlet asked the applicant if he has the necessary permits from the
Corps of Engineers. o
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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. °
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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
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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).
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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
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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
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(Revised 813012006)
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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
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CITY OF NORTH RICHLAND HILLS:
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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)
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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.
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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