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CC 2016-01-25 Agendas
alk r 4 RZ H NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 MONDAY, JANUARY 25, 2016 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. 3. Discuss possible revisions to Residential Construction standards contained within Chapter 118 of the City Code (Zoning Ordinance). 4. Discuss Quarterly Financial Status Report. 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 551.072: Deliberate the purchase, exchange, lease or value of real property - SE corner of Rufe Snow & Loop 820. 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 - MAYOR PRO TEM WHITSON A.2 PLEDGE - MAYOR PRO TEM WHITSON Monday January 25, 2016 City Council Agenda Page 1 of 3 A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) 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 B.1 Approve minutes of the January 11, 2016 regular City Council meetings. B.2 Approve Resolution No. 2016-003 supporting a Municipal Setting Designation (MSD) Application to the Tarrant Commission on Environmental Quality (TCEQ). B.3 Authorize payment to Physio-Control, Inc. for the replacement of (2) Lifepak12 defibrillators to (2) Lifepak15 defibrillators in the amount of$77,003.06. B.4 Consider authorizing City Manager to execute a professional services contract with Alpha Testing , Inc. for professional services related to asbestos abatement in the amount of $74,000. B.5 Approve reimbursement Resolution No. 2016-004 for FY 2015/2016 Capital Improvements Program (CIP) items not to exceed $2,115,000. B.6 Award Buy Board Contract #423-13 to Shade Structures, Inc. for shade structures at Adventure World Playground in the amount of$146,933.04. C. PUBLIC HEARINGS C.1 SUP 2015-10, Ordinance 3388, Public Hearing and consideration of a request from Big Red Dog Engineering for a Special Use Permit for a Detention Pond on the proposed Athlos Academies Charter School site located at 6601 Glenview Drive & 4131 Rufe Snow Drive. PUBLIC HEARING CONTINUED FROM THE JANUARY 11, 2016 CITY COUNCIL MEETING. C.2 RP 2015-12 Public hearing and consideration of a request from The Charter School Fund, LLC for a Replat of Lot 1 R, Block 1, Northglenn Addition on 12.847 acres located at 6601 Glenview Drive and 4131 Rufe Snow Drive and consideration of an appeal to the City's Rough Proportionality Determination. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Consider Resolution No. 2016-005, to award a construction contract to Reliable Paving, Inc. by Tarrant County for the Capital Improvement Program (CIP) Project identified as "Lynda Court" (CDBG16) in the Capital Projects Budget and to pledge City funds to augment the CDBG grant. Monday January 25, 2016 City Council Agenda Page 2 of 3 E.2 Consider award of Project RFB No. 16-009 to Tejas Commercial Construction for the construction of Susan Lee water line replacement project (UT1505) in the amount of$704,145.25. F. GENERAL ITEMS 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 WRIGHT OUJESKY H.1 Announcements. I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551 , Texas Government Code on January 22, 2016 at 3:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday January 25, 2016 City Council Agenda Page 3 of 3 D lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Discuss items from regular City Council meeting. Presenter: Alicia Richardson, City Secretary Summary: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. General Description: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. Packet Pg.4 D lqmk 1w Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Welcome and introduction - public official, public employee or citizen. Presenter: Mark Hindman, City Manager Summary: Introduction of public official, public employee or citizen in attendance at the meeting. General Description: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. Packet Pg. 5 D lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Discuss possible revisions to Residential Construction standards contained within Chapter 118 of the City Code (Zoning Ordinance). Presenter: Clayton Comstock, Planning Manager Summary: Staff has been presented with a unique building material that demonstrates some of the same application characteristics of masonry material but not the same visual characteristics. Staff would like to take this opportunity to seek the Planning and Zoning Commission and City Council's continued guidance on the definition of "masonry" as it specifically relates to residential construction in North Richland Hills. General Description: A residential homebuilder in North Richland Hills requested permission to apply a manufactured stone veneer of the "WoodStone Series" by Q,9!Eor ado Stone f y ir�cuC , „ , „ s, „�� (visit and explore their website by clicking on the link) to over 15% of a home's facade. The product—which staff will have a sample of at the meeting—is heavier and thicker than a conventional cementitious siding (i.e. Hardieplank® lap siding) that you would see in Hometown. The City has allowed similar products in the past to be applied to residential and commercial structures; but never has a product that looked like wood plank siding but acted like masonry per NRH's definitions been proposed. The manufactured stone veneer material has a wood plank appearance but is applied in a craftsman-like manner, meeting the installation standards for masonry in NRH. Packet Pg. 6 D 141 Im Rib "ArRok., NORTH KIC;HLAND HILLS Staff is proposing three options for interpreting this and similar materials in North Richland Hills: Option A This is not masonry and should be limited to 15% of a home's fagade. A revision to the definition of "masonry" may be required to further define it as material that has the appearance of brick or stone. Such action would categorize this specific material as "accent" material similar to metal, wood siding, stucco, EIFS or other non-defined materials. Option B This is masonry, but should be limited to a certain percentage of a home's fagade. The product may not be visually offensive and may offer a new and unique look to homes; but a home fully clad in this material may not be in keeping with the spirit and intent of the masonry requirement. In this case, a new material category may be established that allows up to 30% (example) of certain building materials. This would be similar to the recent change to non- residential construction materials, where masonry materials were further categorized into "Group A" and "Group B" materials. For reference, below is the table that was approved by City Council for non-residential construction. Sec. 118-693(a) Required masonry percentage. The minimum required percentage of masonry on the exterior wall surface of all structures located on property zoned for nonresidential uses, as viewed from each elevation, shall be 85 percent and in accordance with the schedule contained in the following Table 6-2. The area of door and window openings shall not be included in the calculation of this requirement. MINIMS 10 V11/1 411111, m� r Cafegor / r ftl r rr ,rrii/rCrrrrrr � r � 'IM ru� r. i//M//D////// /i,,..,,,,,ON'/7D��//��/�/D/ Brick Masonry Natural Stone o 0 0 0 Group A Cultured Stone 70% 100/0 20/0 100/o Ceramic Block Alternative Masonry Material Stucco Masonry El FS 0% 30% 0% 50% Group B Concrete Masonry Unit Cementitious fiberboard Accent Metal 0% 15% 0% 15% Wood Tile Packet Pg. 7 D lqmk� IM Rib "ArRok., NORTH KIC;HLAND HILLS Option C This is masonry. Homeowners and homebuilders should be allowed to use it on the exterior of their entire house. In this case, an ordinance change may not be necessary and staff will implement the Planning and Zoning Commission and City Council's direction to interpret the material as masonry. Attached to this agenda item for review and reference are the existing Residential Construction standards provided by Article V, Division 4, Subdivision II of the Zoning Ordinance. Packet Pg. 8 3.a Subdivision II. - Residential Construction Sec. 118-671.- Required masonry percentage. U) (a) Generally. The minimum required percentage of masonry on the exterior wall surface of all 0 residential primary structures, as viewed from each elevation, shall be in accordance with the 0 schedule contained in Table 6-1. (b) Exemption. An exemption to the masonry requirement shall apply to existing residential structures, including all permanent structures, which do not meet the masonry requirement. Any enlargement of an existing residential structure, including all permanent structures, shall provide an amount of masonry which matches the adjacent surfaces of the existing structure. 2 fff - - 111111 II ilia III � • Cdr � r�"� 1 11 1 f. 11�",� r 11/ 1/; ��' �f r;,� Primary Structu .......................F res 85% 85% 85% 85% ° 8 5/ 85% 85% 100% 75%1 85 0 ........................ ................ ....................................................... Accessory Buildings ..................................................................... NA NA NA NA NA NA NA NA NA NA Under 200 s.f. Accessory Buildings z z NA NA 85% 85% 85% 85% 85% 85% 85% 75%1 200 s.f. or more r_ 2 1 As established by the approved site plan. z Accessory buildings greater than 500 s.f. require Special Use Permit approval in AG and R-1-S districts and may be subject to masonry requirements. CO 0 (c) Masonry calculation (residential). Minimum masonry percentage requirements shall include a ° combination of brick, ceramic block, stone, or other masonry materials installed in a craftsman like manner that are a minimum of one inch thick and imbedded in a cementitious reinforced substrate. (d) Alternative materials. Up to 15 percent of the wall surface no closer than eight feet from the adjacent a, grade level can use non-wood or alternative materials such as siding, reinforced cement board, stucco and other comparable masonry systems approved by the building official. Wood based products for siding materials including eaves, sofits, and chimneys are prohibited except as allowed by a special use permit for unusual construction. Residential masonry materials and alternate materials do not include concrete block, concrete tilt wall or EIFS systems. °E Sec. 118-672.- Exterior wall surface defined. o For the purpose of this subdivision, the exterior wall surface shall be defined as the entire exposed exterior wall surface for each elevation. Packet Pg. 9 3.a Sec. 118-673.- Unusual construction. 0 Other types of residential construction including but not limited to geodesic domes, log homes, A- frame construction, may be allowed only after issuance of a special use provision (refer to division 6, article 11 of this chapter). 0 0 Sec. 118-674. - Roof pitch ratio. U) Any structure constructed for the purpose of residential use must have a roof with a pitch ratio of at 0 least four verticals to 12 horizontals (4:12). U) 2 0 U) r_ 0 C) a� 0 2 a Co 0 2 a CD E r_ 0 Packet Pg. 10 D "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Discuss Quarterly Financial Status Report. Presenter: Mark Mills, Director of Budget & Research Summary: At the January 25, 2016 City Council Work Session, staff will present the Quarterly Financial Status Report for the period ending December 31, 2015. General Description: Staff will present a quarterly financial status report to the City Council. This report will include a brief presentation that highlights the major operating funds of the City. The presentation will focus on revenue and expenditures to date in relation to expectations, followed by an opportunity for staff to address any questions. Packet Pg. 11 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Section 551.072: Deliberate the purchase, exchange, lease or value of real property - SE corner of Rufe Snow & Loop 820. Presenter: Clayton Comstock, Planning Manager Packet Pg. 12 B.1 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Approve minutes of the January 11, 2016 regular City Council meetings. 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: Approve minutes of the January 11, 2016 regular City Council meeting. Packet Pg. 13 B.1.a MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 JANUARY 11, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11th day of January 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. E Present: Oscar Trevino Mayor David Whitson Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 cm Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Paulette Hartman Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary George Staples City Attorney Stan Tinney Fire Chief Kent Austin Director of Finance Craig Hulse Director of Economic Development Stefanie Martinez Director of Neighborhood Services Mary Peters Public Information Officer Clayton Comstock Planning Manager Clayton Husband Principal Planner Kristin James Assistant to the City Manager Call to Order cm Mayor Trevino called the meeting to order at 6:00 p.m. 1. Discuss items from Regular City Council meeting. Mayor Pro Tern Whitson inquired about item C.2—ZC2015-23, Ordinance No. 3386—and the concerns of adjacent property owners expressed at the Planning and Zoning Commission meeting. In response to Mayor Pro Tern Whitson's question, Planning Manager Clayton Comstock advised that it is not certain if the house will be a rental property. Packet Pg. 14 B.1.a City Manager Mark Hindman informed Council that staff is recommending the public hearing for Item C.6—SUP 2015-10, Ordinance No. 3388—be opened and continued to the January 25, 2016 City Council meeting. EXECUTIVE SESSION Mayor Trevino announced at 6:03 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071: consultation with city attorney to seek advice about pending or threatened litigation – eminent domain for street widening in the vicinity of the northwest corner of Rufe Snow Drive and Glenview; Section 551.072: Deliberate the purchase, exchange, lease or value of real property - SE corner of Rufe Snow & Loop 820; and Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations in the south sector of the city. Executive Session began at 6:03 p.m. and concluded at 6:45 p.m. Mayor Trevino announced at 6:45 p.m. that Council would convene to the regular City Council meeting. cm REGULAR COUNCIL MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order January 11 2016 at 7:00 p.m. 0 U) ROLL CALL Present: Oscar Trevino Mayor David Whitson Mayor Pro Tern Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager cm Paulette Hartman Assistant City Manager Karen Bostic Assistant City Manager Alicia Richardson City Secretary George Staples City Attorney A.1 INVOCATION Council member Turnage gave the invocation. Packet Pg. 15 B.1.a A.2 PLEDGE Council member Turnage led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2015 Christmas Lighting Award Winners Keep NRH Beautiful Commission Chair Kathy Luppy recognized the following winners: Mark and Sherry Chandler, 6400 Diamond Loch N; Everitt and Rose Wilson, 6704 Georgia; Richard and Cynthia Ward, 4920 Skylark; Joel Priest, 5728 Acapulco; William Gilpin, 8620 Bridge; Daniel and Patricia Merritt, 7141 Goodnight Ranch; Rick and Robin McClure, 8213 Thornbush; Ed Helm, 7509 Acts; and William and Thelma Stanford, 8405 Park Brook Court. AA CITIZENS PRESENTATION cm There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS U) APPROVED B.1 APPROVE MINUTES OF THE DECEMBER 14, 2015 REGULAR CITY COUNCIL AND DECEMBER 22, 2015 SPECIAL CITY COUNCIL MEETINGS. B.2 APPROVE ORDINANCE NO. 3391, AMENDING THE CITY'S FEE SCHEDULE TO ADD FEES FOR THE MAKER SPOT. B.3 APPROVE RESOLUTION NO. 2016-001, AUTHORIZING CITY MANAGER TO APPLY FOR A GRANT THROUGH THE NORTH TEXAS COUNCIL OF GOVERNMENT MATERIALS MANAGEMENT GRANT PROGRAM TO PURCHASE AND INSTALL PERMANENT RECYCLING STATIONS. B.4 APPROVE A CONTRACT WITH LINEBARGER GOGGAN BLAIR & SAMPSON, LLP FOR COLLECTION OF MUNICIPAL COURT DELINQUENT ACCOUNTS B.5 AWARD RFB 16-002 FOR SUPPLEMENTAL MISCELLANEOUS CONCRETE IMPROVEMENTS TO APEX CONSTRUCTION, INC. (PRIMARY CONTRACTOR) IN THE AMOUNT OF $412,748 AND TO MHB CONSTRUCTION, INC. (SECONDARY CONTRACTOR) IN THE AMOUNT OF $532,900. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Packet Pg. 16 B.1.a C. PUBLIC HEARINGS C.1 ZC 2015-15, ORDINANCE 3385, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM D'LEE PROPERTIES, LLC FOR A ZONING CHANGE FROM C-1 COMMERCIAL TO RI-PD RESIDENTIAL INFILL PLANNED DEVELOPMENT ON 2.27 ACRES LOCATED AT 7800 STARNES ROAD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to present the item. Planning Manager Clayton Comstock presented item for Council. The purpose of the request is for a proposed seven-lot residential development located at the southwest corner of Smithfield and Starnes Road. The Planning and Zoning Commission, at their December 17, 2015 meeting, recommended approval with a vote of 7-0. The Commission also recommended approval of FP 2015-06 with a vote of 6-1. Staff recommends approval of Ordinance. No 3385. cm Applicant representatives Doug Terry and Lee Martin, 1001 Edgewater Court, Colleyville, presented request and was available to answer questions from Council. Council had no questions for staff or the applicant. 4- 0 Mayor Trevino called for anyone wishing to speak for or against the request to come U) forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE ZC 2015-15, ORDINANCE NO. 3385. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.2 ZC 2015-23, ORDINANCE 3386, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SEMPCO SURVEYING, INC FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-1-S SPECIAL SINGLE FAMILY ON 1.091 ACRES LOCATED AT 7148 HIGHTOWER DRIVE. APPROVED cm Mayor Trevino opened the public hearing and called on Planning Manager Clayton E Comstock to present the item. Planning Manager Clayton Comstock presented item for Council. The purpose of the request is to construct a residence on the property. The applicant has indicated plans to keep a horse on the property. Mr. Comstock informed Council the applicant has a companion item C.4—FP 2015-06—seeking approval of a final plat for the same property. If approved, the Final Plat will combine two vacant unplatted parcels of land into one single lot. The Planning and Zoning Commission, at their December 17, 2015 meeting, recommended approval with a vote of 6-1. Staff recommends approval of Ordinance No. 3386. Packet Pg. 17 B.1.a Mayor Pro Tern Whitson inquired about the concern of headlights for the residence that is located immediately in front of the proposed residence. Mr. Comstock informed Council that three trees are required on the property and that he understands the property has a fence. Applicant representative George Hill, 3208 South Main Street, Fort Worth, presented request and was available to answer questions from Council. Council had no questions for the applicant. E Mayor Trevino called for anyone wishing to speak for or against the request to come forward. The following did not request to speak, but asked that their opposition be noted for the record: Wade Greenhouse, 7150 Hightower Drive; Eric Wyatt, 7129 Goodnight Ranch Road; Patty Wyatt, 7129 Goodnight Ranch Road; and John Shirley, 7125 Goodnight Ranch Road. c� There being no one else wishing to speak, Mayor Trevino closed the public hearing. cm Council member Welch and Mayor Trevino commented on the importance of preserving the estate lots. COUNCIL MEMBER WELCH MOVED TO APPROVE ZC 2015-23, ORDINANCE NO. 3386. MAYOR PRO TEM WHITSON SECONDED THE MOTION. 0 U) MOTION TO APPROVE CARRIED 7-0. C.3 SUP 2015-09, ORDINANCE 3387, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MUTT SHACK, LLC FOR A SPECIAL USE PERMIT FOR DOG DAY CARE & BOARDING ON 1.28 ACRES LOCATED AT 8415 DAVIS BOULEVARD. APPROVED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to present the item. Principal Planner Clayton Husband presented the item for Council. The purpose of the cm request is to open a dog day care and boarding facility located in the Tarrant Parkway Plaza shopping center. The Planning and Zoning Commission, at their December 17, 2015 meeting, recommended approval with a vote of 6-1. Staff recommends approval of Ordinance No. 3387. Applicants Steffanie Vela, 1509 Smoketree Drive, Keller, presented request and was available to answer questions from Council. Council had no questions for staff or the applicant. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. The following people spoke in favor of the request: Patti Chiaramonte, 5008 Oak Packet Pg. 18 B.1.a Mill Drive, Fort Worth; Gloria Walker, 207 East Fuller Drive, Euless; and Sandra Pierson, 2848 Autumn Drive, Hurst. There being no one else wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER TURNAGE MOVED TO APPROVE SUP 2015-09, ORDINANCE NO. 3387. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E CA FP 2015-06 CONSIDERATION OF A REQUEST FROM SEMPCO SURVEYING, INC FOR A FINAL PLAT OF THE MALONEY ADDITION ON 1.091 ACRES LOCATED AT 7148 HIGHTOWER DRIVE. APPROVED This item was presented in conjunction with item C.2. COUNCIL MEMBER LOMBARD MOVED TO APPROVE FP 2015-06. MAYOR PRO TEM WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C.5 ORDINANCE NO. 3389, PUBLIC HEARING AND CONSIDERATION TO 4- APPROVE AMENDMENTS TO THE 2015-2016 BUDGET. APPROVED Mayor Trevino opened the public hearing and called on Director of Budget and Research Mark Mills to present the item. 0 Director of Budget and Research Mark Mills presented item for Council and was available to answer questions. Council had no questions for staff. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. 14 COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE NO. 3389. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. Packet Pg. 19 B.1.a C.6 SUP 2015-10, ORDINANCE 3388, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BIG RED DOG ENGINEERING FOR A SPECIAL USE PERMIT FOR A DETENTION POND ON THE PROPOSED ATHLOS ACADEMIES CHARTER SCHOOL SITE LOCATED AT 6601 GLENVIEW DRIVE & 4131 RUFE SNOW DRIVE. (THE PLANNING AND ZONING COMMISSION TABLED THIS ITEM AT THEIR JANUARY 7, 2016 MEETING. CITY COUNCIL WILL TABLE THIS ITEM TO A FUTURE DATE, PENDING RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION.) CONTINUED PUBLIC HEARING TO JANUARY 25, 2016 CITY COUNCIL MEETING Mayor Trevino opened the public hearing and announced that this item was tabled by the Planning and Zoning Commission at their January 7, 2016 meeting. Staff is recommending that Council continue the public hearing to their January 25, 2016 meeting. COUNCIL MEMBER LOMBARD MOVED TO CONTINUE THE PUBLIC HEARING TO THE JANUARY 25, 2016 CITY COUNCIL MEETING. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. D. PLANNING AND DEVELOPMENT 4- 0 There were no items for this category. U) E E. PUBLIC WORKS E.1 CONSIDER ORDINANCE NO. 3390, AMENDING CHAPTER 54 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES PROHIBITING PARKING ON A PORTION OF CARSTON COURT. APPROVED CO Public Works Street Superintendent Boe Blankenship presented item for Council. The purpose of the request is to address the on-street parking, stopping, and standing along the north and south side of Carston Court. The proposed ordinance, if approved, will prohibit parking beginning at the intersection of Carston Court and Rufe Snow extending cm west of the intersection 220 feet. Staff received the request from the homeowners association and has communicated the proposed plans with Birdville Independent School District officials. Council had no questions for staff. COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE NO. 3390. MAYOR PRO TEM WHITSON SECONDED THE MOTION. January 11, 2016 City Council Meeting Minutes Page 7 of 10 Packet Pg. 20 B.1.a MOTION TO APPROVE CARRIED 7-0. F. GENERAL ITEMS F.1 CONSIDER RESOLUTION NO. 2016-002, AUTHORIZING THE PUBLICATION OF NOTICE OF INTENT TO ISSUE CERTIFICATES OF OBLIGATION. APPROVED Director of Finance Kent Austin presented item for Council. The purpose of the resolution is to fulfill statutory requirements regarding the issuance of certificates of obligation. The resolution directs the City Secretary to publish a legal notice in the Fort Worth Star Telegram notifying the public of the City's intent to issue certificates of obligation in an amount not to exceed $6,000,000. The projects identified in the 2016 0 Certificates of Obligation include: $2,600,000 NRH2O slide tower $295,000 Street sweep replacement replacement (unit 6627) cm $240,000 Ambulance replacement $150,000 Franklin Court/Gifford (unit 958) (UT 1601) $375,000 Gradall excavator $420,000 water/sewer main replacement (unit 633) replacements (UT 1603) $125,000 sanitary sewer line $420,000 small water main replacement (UT 1604) replacement (UT 1605) $1,000,000 permanent street U) maintenance :3 E Council had no questions for staff. 0 COUNCIL MEMBER LOMBARD MOVED TO APPROVE RESOLUTION No. 2016-002. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 APPOINT ALTERNATE TO KEEP NRH BEAUTIFUL COMMISSION, TERM EXPIRING JUNE 30, 2016. APPROVED cm City Secretary Alicia Richardson informed Council the purpose of this item is to take action on Mayor Trevino's recommendation to appoint Ms. Mi'Shon Landry to the alternate position on Keep NRH Beautiful Commission. If approved, Ms. Landry will serve until June 30, 2016. Council had no questions for staff. January 11, 2016 City Council Meeting Minutes Page 8 of 10 Packet Pg. 21 B.1.a COUNCIL MEMBER WELCH MOVED TO APPOINT MS. MISHON LANDRY AS ALTERNATE TO THE KEEP NRH BEAUTIFUL COMMISSION, TERM EXPIRING JUNE 30, 2016. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK , SESSION AGENDA Mayor Trevino announced that no action was necessary as the result of Executive Session. 0 c� H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS cm Council member Rodriguez made the following announcements. City Hall and other non-emergency city offices will be closed on Monday, January 18 2016. The Library, Animal Adoption & Rescue Center and Senior Center will also be closed. Garbage and recycling will be collected as normally scheduled. 4- 0 NRH2O is hosting the annual Polar Plunge on Saturday, January 30, 2016 benefiting the Special Olympics Texas. Registration will begin at 8:00 a.m. and the event will start at 10:00 a.m. Find more information and sign up at nrh2o.com. The Maker Spot at the NRH Library has expanded its hours to include Tuesday and 0 Thursday mornings. Classes offered this month include 3D printing, sewing, quilting and embroidery, wood working, robotics, electronics and more. You can view a complete schedule and sign up at themakerspot.org. Kudos Korner — Keith Fulgium, Cole Stapp, Daniel Bohanon, Casey Zamora, Kevin MacKenzie, and Greg Trickey in the Police Department — While investigating a call, it was determined that a woman and her son had been sleeping in her vehicle after a roommate stole their rent money and they were evicted. These officers contributed their cm own money to pay for a motel room for nine (9) days until her next pay day. Their actions went above and beyond what is required and we appreciate their dedication and service to the community. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:10 p.m. January 11, 2016 City Council Meeting Minutes Page 9 of 10 Packet Pg. 22 B.1.a Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary , a� 0 cm c� 0 U) 0 cm January 11, 2016 City Council Meeting Minutes Page 10 of 10 Packet Pg. 23 B.2 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Approve Resolution No. 2016-003 supporting a Municipal Setting Designation (MSD) Application to the Tarrant Commission on Environmental Quality (TCEQ). Presenter: Mike Curtis, Managing Director Summary: Council is being requested to approve a resolution supporting the application to Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) on the property located at 711 West Hurst Boulevard, Hurst, Texas. General Description: This agenda item is to approve Resolution No. 2016-003 supporting an application of Hurst Partners One, A Colorado General Partnership to the Texas Commission on Environmental Quality (TCEQ) for the property located at 711 West Hurst Boulevard, Hurst, Texas. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorized the TCEQ to receive, process and then certify MSD applications for properties within contaminated groundwater. The goal of this law is to reduce corrective action requirements and associated costs for clean-up of contaminated groundwater that are not used as a potable water supply and are not likely to be used in the future. Hurst Partners One, a Colorado General Partnership applicants in trying to obtain TCEQ approval for a MSD for property located at 711 West Hurst Boulevard, Hurst, Texas. The City of Hurst passed an ordinance on March 24, 2015 prohibiting the use of groundwater for potable purposes at the designated properties. The application will need to include resolutions from cities located within a 5-mile radius of the MSD property indicating support. The City has the choice to either support or not support the MSD application. Staff has reviewed the technical aspects of the application. Staff would recommend support of the resolution for the following reasons. 1. Based on the on-site groundwater investigation, the on-site shallow groundwater flow direction is towards southeast, away from North Richland Hills. In addition, Packet Pg. 24 B.2 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS the depth of on-site shallow groundwater encountered at the property is from approximately 28 to 36 feet below the ground surface. The NRH water wells are located approximately 2.5 miles northwest of the subject property with well depths of ranging from 665 to 1 ,485 feet. 2. Considering your water well is located up-gradient to the subject property as well as the water well depths, the potential impact of the chemicals detected in the on-site shallow groundwater in NRH water wells is unlikely. 3. The contaminated groundwater is shallow and appears to be separated from another underlying body of deeper groundwater by a confining layer of rock. Therefore it does not threaten the deeper aquifers. Representatives for the applicant will be present at the Council Meeting to address any questions Council may have. Recommendation: To approve Resolution No. 2016-003. Packet Pg. 25 B.2 "ArRok., NORTH KIC;HLAND HILLS RESOLUTION NO. 2016-003 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 711 WEST HURST BOULEVARD, HURST, TEXAS. WHEREAS, on March 24, 2015 the City Council of the City of Hurst, Texas, approved Resolution number 1619, prohibiting the use of shallow groundwater for potable purposes at 711 West Hurst Boulevard, Hurst, Texas; and WHEREAS, the City Council of the City of Hurst, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts Hurst Partners One, A Colorado General Partnership ("Applicant"), to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicants have filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; and WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicants have continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. Packet Pg. 26 B.2 lqmk 1w Rib "ArRok., NORTH KIC;HLAND HILLS SECTION 2. Supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the _25_day of_January , 2014. 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 APPROVED AS TO CONTENT: (Dept Head Name & Title) Packet Pg. 27 B.2.a APPLICATION RESOLUTION 1619 A RESOLUTION IN SUPPORT OF THE HURST PARTNERS ONE, A COLORADO GENERAL PARTNERSHIP ca TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 0 FOR A MUNICIPAL SETTING DESIGNATION FOR THE r_ PROPERTY AT 711 WEST HURST BOULEVARD HURST, TEXAS Chapter r 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality (TC EQ) to certify i urunnpc'u ai Setting Designations for properties co Upon recepll t and approval of a properly submitted application co to TC EQ; and r_ as a part of the ap p kation to CE for a Municipai Setting Designation, the ap pkarnt is reqUired 'to prov� de documentation that the a p katio n is upnp ort d dyn ( ) the city council of 'they municipality in which 'the Site is pocat d, ( ) time city co urncup of > each m urnbcpp ahty with a boundary pocat d not more than n - hapf mile from time Site, (: ) time city c uncpp of each municipality that owns r operates a grOUndwater supply wv pp Nocated not �0 more than five rnip es from the ° pt , and ( ) time governing Ik: ody cm a. of each retaui public uut'pipty, as defined dy Section 13,002, T a Water Code, that owns or operates a groundwater up>p lly wepl located not more than five rniles from 'the Site; and WHEREAS, Fiuwurst Partners One, a Co orado Gen rap Partnership ( p phcarnt) filed an apap katpo n with the City of Fi ur t, Texas, for, the U) 6ss a nce of a Municipal Setting Designation nation cnrdpnarnce for property erty at 711, West Hurst Boup evard, Hurst, Texas, a 6.4 acre tract of land situated in the City of Fiuµur t, °Tarrant County, unty, Texas, being all of Lot 2.-R, GLENN E. BOEHMER addition, an addffiorn to the City of Fi ur t, according to the plat thereof filed for record in Instrument Number I .1,50 t , cnffucp p pubhc records of 'Tarr-ant County, Texas, time metes and dcnU nd description teeing attached hereto as Exhibit "A" (the "'MSD it "); and the City of Hurt approved Applicant's app licatio n 0 and adopted a M unpcpp ai ettin Designation for the site on March 24, 015; and the Clity of Murat owns and operates s one or-, more pubhc SnuPPpy w0s i cat d wvptNrn five rnfles of the MSD Site; and foci owing the iSSUarnce of a supporting n resop utpcnrn by each murnpcipahty and retail pUdp'ic Utii'pty for which approvai is required, pep learnt wpi6 submit to TC E( an app katio n for Packet Pg. 28 ResoWdw 161.9 Page 2 of 2 certification of a Municipal Setting Designation for, the Swte pursuant to Texas HeaA th and Safety Code, Chapter 361, Subchapter w NOW, 'THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE 0 CITY OF HURSTr TEXAS: r_ .2 .2 Section 1. THAT the City Councfl of the City of Hurst authorizes the city mainager to support hcant's apphcation to the TCEQ1 for certificadon of a Munii dpa� Setting Designadon for the Site. E L co AND IT IS SO RESOVED. 0 co Approved this the 24tff' day of March 2015 by a vote of .2 ATTEST: CITY OF HURST 0 0 �Rhta 7Firick, City Secretary Ruchard War'd, Mayor 0 cm M co Approved as to form and legality: . ......... .......... .......................... .............X; orney E ILI 0 .2 0 U) E Packet Pg. 29 EXHIBIT TIC rrx;72r w R:r nuMrbn:a"D. to 6�.>c.�asrAiY',�Esrv:�r¢v�,avr�'�iaai 2 n � t lLir v a snv ins rvr ..._ _ 2 r f rvo.,..cu I'4Nrt.r IAA f.0.Iti CY,4g rA.K H ...... .—. „'.._..'._. iY.�..mx. MC".;C:fII IN 11171'& Ta✓PrPi,'JF,I lIbf4l"t..Af'l'�A0.M1kNLYA„SI.df1!°'aBCY7,("I.,aY I ..r x -•'m fv`Cti.%H.% Jd xil,µ+,Ftu 4�eIN 61.li?;A. � r k^ 7' "! YrK;t�'111ffld NA':t17t9A1c fSA 5YIW:'A}V�^M'vIA <:'.'Y@.hP()7JfA t'.A"?+ w N.�f(.h+t h . ._..... .__... EXHCf ff)4 Afff.7 bftWfEN A 11CrOr N4 NDr AVD LUYC(M?A`)l Nti. PACE TYI 4N It7� �P�f)Pf(CCaY Urs;IAM itH�t�,IrafAA,Lhe'(,I t€xF&w)I.0"1 d4C�N,,M1'ta0M1. ,® jvr,u5 u�r :'ryh co r ru v o- n.sre„wnw o-� co ” "VNIN~f,YCWe'v2 Y7V1,a.1'f,..'. w u 4— ✓. wa w r. re _..._..... rxst rr S ...... .... _. .tiw'J i9 _ s', co to r m � „ kt)('.l5'lmval'vinaALWAI` y � 6 x .. r = n u � II ` "E'ER SURVEYING MAPPING e C 4'iN,l 'C 9Y10 i �:r��,rr Ytit r..wt4Prc:MI*t�7.7fl1s .. Packet Pg. 30 B.2.a ... ... ,.._ _._._ to a December 18, 201 co co Curb Tim Wayne 965 Pearl Street 0 Denver, 80203 0 U) Dr Mr, Wayne: 0 pease flind encAosed ResoUp n 16,19, in support of the a p pp ation of Hurst Partners � One, for a rrhjr'tip p ap setting designation for he r E�rty at 711 West Hurst Bou evard, � Hurst, ..Texas. cm M co 'pease advise of p can ,provide further assIlstance, „mm.� W...w .. � para LL ", ��� . . , w, Deputy C ity Secretary 0 0 U) T505 b)rcclnc L Une q%mtd, l f wsrst, 'V(,, :s 760 %%cne.II UI-S UN o 20% I Packet Pg. 31 Attachment to Resolution Restrictive Covenant Prohibiting Potable Use of Groundwater W This Ifestrictive Covemantis hied to govide inforination c'oncerning cortal envirmunentid and use Undstions put-suant to the Texas Solid Waste Msposa� Act (TSWDAI Chapter 361, Subchapwr VA and affc�cts the real property whose address is 71 ➢- '721 W, 1jurst WK, Hmsn TX cont.andiq,apWaxinukOy 6AOH2 auTs of brad K the My of Hurst Tariant Uunty Oxas 76053 and unwe hRQ descxawd in EAMI. S_ A attached hereto and incorporated herein by referen", (the "NISD Miperty"). co thatlow groundmer Uess than 50 fee below the prutind surface) undmlying die 0 CO MSD Property (Ke "DeWgnWRd Groundwater") contains chem�cah.; of concern at concentrations above apphcable'l'icr I groundwater ingestion protectil/c, 0 Coll cel I M-1 i ion levels mamished under the Texas fOsk Reduction Program, 301'exas 0 Adminlstr-aflve Code Chapter 350 S 0 Thk IteswOM Mmant N requWed as a prounTbon kw ceWkahon by TCEQ of a Municipal Setting Designation covehng the 1hoperly pursuant to FSWDA Wpm 36L SubdwpWr VW" As of the date of this Restricdve Covena, the rNard owner ot Re He to W 0 Property is AnadRe Mms ReAorationTI-1,1st, aTexas Trust, with an address of 711 W Hurst Blvd, I lurst TX 76053 attention Clay R. 1-funihaoa. CO For good and valuaWc convida'ation, the receipt and suMdency of MAh is hereby acknomdedged, the Owner does hemby p5ce the foHoming reorMons on the MSD U- pjx)pejjy w, Jjv(n-of We City of Hurst, the"rexas Corrilmssion on Environrliental QuAUy and tht! State orrexas, to w4u E 2 U) Ile ddUkg off f svolls wlthin the MSD f4gerry and Ow ine of he IbAgnMed G nmndwakr Q, any purpiiufing hut not WHNI to any ImMe urpose is prohlitel excepUng only (a) the instalMon of-monOr wells 4- used Or the colMon of gmundwater"arriples l'ornhernical or bjalogicM 0 IaNwatcwy analsk, and (h) the nn gal5don (of wells used for the purpose of remedfation o! soil on groundwater conta iv i nation. 2, These resMicdons Wish tun vvith the land and be hWdhg on and wrfomeAfle as to any and aH snisequent o"mers of Me MR) Property, 0 S TV RaMrictive Merrant wdraull be enorceable by the City of litirst and may be 0 mnended or r ono wvd of no further force and effect only 4y release executf"'d by Ge Chy of Hurst, after at least 30 clays prior to 1AN-ittC11 11CAiCe tOTCEQ Of M-1Y pend&g amendment w1unnVadoil and hQd ln the I(eal Property Records as those E in whWh Ms RestricOve Covenant is Me? Packet Pg. 32 B.2.a d,xe(-Lltedd Q.Uals Q,GaY()B �m�l jr 1�m ��.�.. .....i 20.0.Sw Aaaaaddit.e Texas Restoration Traafat e3 tiK an a co U) d STATE O 0 0 to t.d U TY O Vffuis uraa5t,�ddla�a�lka�V C Vsa�'ef "r di�aam�dada�atdn u-aada..�adda ��dn���ad4drapcaa�f��f Cand' jai' ... ...it �.. "hv �. � . � aawnran, v��dada„ dad��wanff ka � nn�e duly sworn, did say Lh a�.lday.' 8aaa�tl_Yx�� .�.i ���a a.�the __...��m����� �r.�� . w_.....�._ ofAM& a� Texas Restoration Trw;t„ and d Clay R. {fa nibaaaaaa aad:knacannAe dge d the nxecu ddnn (A saki � instrument uaapent to dad^ the ardahint;ar a-ad:t�:and deed aaf�t:he said "6"nist by H.voluntarily d'XeCaste0..d, f! fff1Fq 00 vaf � o e® ot;a d i� afladia F. ` 1,;.f r o, ; i�„fit,°° E My a:dannnaissidan dr."xpil,a.0.aa d' 0 " C3 r 0 M� e Packet Pg. 33 B.2.b Summary Map - 5 Mile Buffer ENVIRONMENTAL DATA A DIVISION OF I Hf,BANK513110UP ('Zu coll llilyvry#Ilov 32-0,G-g` 32 07 -IM-7 32 7-3 -07-9, w 32 32-08-1 'N r t191' 22 711��:; 0 .2 jf it d jltl Iri 7 fT, 32-9 5-1 32-15-2 7732-15-3, S 32-1 C31-1 T Oil AY C0 25 TO IN 01 h 0 C0 Rlithl,anrj Hu ran rst ....... filodow)", )r i 27 Eub ®R/ ................................................. "'a riw W`� 1 20 100 WdHs 10, 19, and go" L- 0 4— 2 V Ill 21,11,12I'll""I'll"I r_ 4 5 0 .......... .W U) 32-14-6 32'-15-4 32.95-5 v > 32V-9 5-G 32-1 G-4 0 7 V2, -�111 Hi 0 elm cm CID "gg 100/1 32-14-9 32-95-3- 32-15-77 M 32!95-4f"ll" 32-16-7 5 .2 j zAiO10f,)WlqwMoF1"1 o, 0 4— 0 00 1000 4A P 0 R,II F)wo,mow'A............ 32-22-2 32-223-3 32-22-3i 01 M-ZtA :�7)111' W E J Spain r,,AETI,, E- CAT) E n ng�,, U) pmly nd 1 9 0 ps.nS Lrea,LPA coni'm U In R U)Ua .2 Page 4 bonks F:nvironrnonlol Dolo, Inc. 00 l Rio (.;ron do,Slo- 500 Aushn, TX . 800 78701 5,'3 1 l l..-,1..,.., 1 1.47 8.14 3'4 ,i)i)i).b c i n Ks o.n vc I c i I c i.c o rn I Packet Pg. 34 B.2.b Topographic Overlay Map - 5 Mile Buffer EN V IRONMEN TAL DAIA DIVISION A DIVISION OF I Hf,BANK513110UP w 0 z a P11 S . CO ✓ CO 0 77 U) L A" N 0 m A t 7 JI f i...... C14 Ira ............ 7111 j .2 I 4— 'I.......... 17 r 'N 7 .2i U) U) .2 Page 5 bonks F:nvironrnonlol Dolo, Inc. 00 l Ric) (.;rondo,Slo- 500 Aushn, TX 78701 800.53 1 1.473.i 43" ,i)i)ud)o n Kso.nvdo I aco rn I Packet Pg. 35 B.2.b Current Imagery Overlay Map - 5 Mile Buffer 1571; BW E:NVIRONMEN'T'AL.DAI'A A DIVISION OF IHt BANK'S GICOUP w 0 I I n - M I 2 a co 0 co w � u ur d r 0 E r r_ r 2 0 U) I � u� i r rfl co u � 2 0 i I I, � i II 40 � U) f, U) / 2 / / / IIII / III / a Page 6 or'Iks F:nvironrnordol 17oh<a, Inc. F>O l Rio Cron do,Sho. 500 Aushir'I,TX 78701 0n...)3 ..��1..�..� 1 47 8.i 43" u)u)u).rcinKsonvcciIci.com Packet Pg. 36 Public Water System Report IB.2.b P ANKS C CN Service Boundaries - 5 Mile Buffer ::)NMENTAL DMA A DIVISION OF FHE:BANKS GFOI.IF la.r.i '„', o A spa r, Crollw��,yvt lie w a® 2 10103 CITY OF NORTH RICHLAND HILLS ;! r I� C0 r � IF/ North "� „ 10075 'a � f� 7, /> � � � Y OF BEDFORD, / I T r /r l RnaNrell rua) CI co I�I�uI)rNU�yvuayrrr��rorrelu �liur�f ,a„MAP iw.�nrr�n�r��rr,�mna,���w r/ 10104 f / y CITY�OF�HURST /� 110071 f �� / /iCITYI,OFfEULESS/ .,� J r% 10068 CITY OF I�RICHLAND / 0077 � � ar,a I� Ij CITY OF HALTOM CITY ees /j,,, CIO r '00 , �r `( µL”v, I a It ,r I 12311„ F,.,r 2 CITY OF FORT WORTH a q z !r 0 rrtllll rl z rirrrev.1 ;W8�rma�iranrw /r�r�iairmiW' a/%l/j1pq,11U7",lcd'W� dGUr / „ fiinrrfl;,r,4J„w„ // 7 P r reral,4-I rl [I"w ',I,d iunn u s,,, „Yrurr„r2 r r r Y �g T I C t' Sources. Esri, HERE, DeLorme USGS, Intermap increment P"Corp., r o �F hF�rrroq � �S NRCAN-Esri,Japan,METI,,Esri China (Hong Kong),"Esri(Thailand), TomTom,M"apmyIndia,O OpenStreetMap contributors the GIS User >, ���s, Community % U) iu �o f ar;l ( „v . Iv oll Packet Pg. 37 B.2.b Water Well Details A Tract of'FlropeHy M57; BW ENVI RONMEN TAL DAIA A DIVISION OF]Hf,BANK513110UP imp System bepth] 'Longitude, altitude Ifi State PWSNam6 status Source Status Cy w 1 G2200054G 10104 CITY OF HURST ACTIVE PLUGGED 610 -97.17473605 32.81013014 1 G2200054H 10104 CITY OF HURST ACTIVE PLUGGED 667 -97.17501007 32.81179709 0 1 G22000541 10104 CITY OF HURST ACTIVE PLUGGED 605 -97.17473605 32.81013014 0 2 G2200054E 10104 CITY OF HURST ACTIVE DEMAND 1413 -97.19752199 32.81701099 3 G2200054C 10104 CITY OF HURST ACTIVE EMERGENCY 1457 -97.16838299 32.82323799 3 62200054J 10104 CITY OF HURST ACTIVE PLUGGED 625 -97.16862393 32.82318375 3 G2200054K 10104 CITY OF HURST ACTIVE PLUGGED 595 -97.16862393 32.82318375 4 G2200054L 10104 CITY OF HURST ACTIVE PLUGGED 696 -97.18779053 32.82734864 5 G2200054F 10104 CITY OF HURST ACTIVE DEMAND 1500 -97.17232699 32.82733599 6 G2200054B 10104 CITY OF HURST ACTIVE EMERGENCY 1536 -97.17712499 32.83262999 7 G2200022H 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 567 -97.21475199 32.80696099 0 4- 8 G2200022E 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED 590 -97.21279224 32.81984987 r_ 0 9 622000221 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED 560 -97.21640126 32.80374033 :3 6 10 G2200063A 10103 CITY OF NORTH RICHLAND HILLS ACTIVE EMERGENCY 665 -97.19603 32.84300999 U) 4) 10 G2200063B 10103 CITY OF NORTH RICHLAND HILLS ACTIVE EMERGENCY 713 -97.19855999 32.84302999 0� 4) 11 G2200022C 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 1277 -97.22665599 32.82130099 > 0 L_ 12 G2200003A 10075 CITY OF BEDFORD ACTIVE OPERATIONAL 1515 -97.15166999 32.83740999 13 G2200022D 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED 500 -97.23003599 32.80435799 0 13 G2200022B 10068 CITY OF RICHLAND HILLS ACTIVE ABANDONED 506 -97.23005199 32.80444399 a. C14 14 G2200031A 10071 CITY OF EULESS ACTIVE PLUGGED 1620 -97.13278787 32.82623864 m 00 14 G2200031B 10071 CITY OF EULESS ACTIVE PLUGGED 860 -97.13306288 32.82623864 U) 14 G2200031C 10071 CITY OF EULESS ACTIVE PLUGGED 850 -97.13306288 32.82623864 15 G2200022A 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED 1235 -97.23805499 32.80750799 15 G2200022F 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 1335 -97.23817399 32.80747899 E 15 G2200022G 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 629 -97.23824099 32.80756299 .2 0� 16 G2200054D 10104 CITY OF HURST ACTIVE DEMAND 1432 -97.17417999 32.85956099 16 G2200054M 10104 CITY OF HURST ACTIVE PLUGGED 710 -97.17445329 32.85957068 0 z 17 G2200003C 10075 CITY OF BEDFORD ACTIVE ABANDONED 1536 -97.15965999 32.85661999 4- 0 18 G2200003B 10075 CITY OF BEDFORD ACTIVE PLUGGED 1600 -97.13451999 32.84280999 >1 19 G2200063C 10103 CITY OF NORTH RICHLAND HILLS ACTIVE EMERGENCY 721 -97.21336999 32.85756999 19 G2200063D 10103 CITY OF NORTH RICHLAND HILLS ACTIVE EMERGENCY 1433 -97.21296999 32.85774999 0 20 G2200063H 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.25001745 32.83429548 E 20 G22000631 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.24862841 32.83568444 4) U) 21 G2200063F 10103 CITY OF NORTH RICHLAND HILLS ACTIVE PLUGGED 454 -97.25557156 32.82734866 >% U) 21 G2200063G 10103 CITY OF NORTH RICHLAND HILLS ACTIVE PLUGGED 496 -97.2533435 32.82734867 22 G2200063E 10103 CITY OF NORTH RICHLAND HILLS ACTIVE EMERGENCY 1485 -97.19608999 32.87307999 23 62200063J 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.25445759 32.83707239 .2 23 G2200063K 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.25306956 32.83901834 :3 24 G2200031E 10071 CITY OF EULESS ACTIVE PLUGGED 849 -97.10639707 32.82540765 25 G2200063L 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.25445761 32.84151627 25 G2200063M 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.25279457 32.84235225 26 G2200063N 10103 CITY OF NORTH RICHLAND HILLS ACTIVE NON-DRINKING WATER 0 -97.25140556 32.84651714 27 G2200003D 10075 CITY OF BEDFORD ACTIVE PLUGGED 1697 -97.10556611 32.84040619 Page 8 bonks F:nvironrnonlol Dolo, Inc. 00 l Rio (.;rondo, 51o. 500 Aushn, TX 7 3731 00.53 5 1A7 I Packet Pg. 38 B.3 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Authorize payment to Physio-Control, Inc. for the replacement of (2) Lifepak12 defibrillators to (2) Lifepak15 defibrillators in the amount of $77,003.06. Presenter: Stan Tinney, Fire Chief Summary: This item is to authorize payment to Physio-Control, Inc. for$77,003.06. This purchase is for the necessary replacement from (2) Lifepak 12 defibrillators to (2) Lifepak 15 defibrillators. General Description: The Lifepak 12 defibrillators utilized by the City of North Richland Hills Fire Department are reaching the end of their life expectancy as estimated by both the American Hospital Association and the Department of the Army Technical Bulletin. For this reason, it is necessary to continue the replacement process for the current medical equipment used in daily operations. Current EMS Protocols set forth by the Emergency Medical Director, Dr. Roy Yamada, require a patient's first defibrillation to be administered at 360 joules for the patients that are over 50Kg. The Physio-Control Lifepaks are the only defibrillators that can deliver this amount of joules. Replacement of the Lifepak 12 defibrillators with the Lifepak 15 defibrillators will allow the department to operate as needed with current up to date equipment. With the purchase of the Lifepak 15's, the city will also be receiving the latest technology and upgraded batteries. Physio-Control, Inc. is the sole source provider in our marketplace for the new Lifepak devices. The North Richland Hills Fire Department has always relied on the Physio-Control Cardiac Monitor Defibrillators. These items were approved in the FY2015-2016 budget and are within the budgeted amount. Recommendation: Authorize payment to Physio-Control, Inc. in the amount of $77,003.06 for the necessary replacement of (2) Lifepak 12 defibrillators to (2) Lifepak 15 defibrillators. Packet Pg. 39 PhysIo ControI,|mo 11G11VW|owo Road NE P.O. Box 97006 R*dmond.VVAAGO73-97O6 U SA' � wwwphyoio�on�niuom +~ -------' t*|GOO.442.1142 � fax 800.732.0956 To James Brown Quote Number 00023247 NR|CHLAND HILLS FID Reviaion# 1 FIRE ADNA|0.72O2 DICK FISHER DRN Created 1/1�2O1G NORTHR|CHLANDH|LLG.TX7G18O 8174276900 Sales Consultant David B.Atkinson || CL FOB Destination �0 Terms All quotes subject to credit approval and the following terms and conditions NET Terms NET3O CL Contract NAGPD#GW3OO Expiration Date 3/3C2016 .. 00 CL CL CL � � � � Quote Number:OOO23247 Packet Pg.40 B.3.a 111111 III VIII VIII�III III VIII III VIII LIFEPAK 15 V4 Monitor/Defib,Adaptive Biphasic, Manual&AED, Color LCD, 100mm Printer, Noninvasive Pacing, Metronome,Trending, SpO2, NIBP, 12-Lead ECG, EtCO2,Carbon Monoxide, MetHemoglobin, Bluetooth INCLUDED AT NO CHARGE:2 PAIR QUIK-COMBO 99577-001588 2.00 38,425.00 -6,386.08 32,038.92 64,077.84 ELECTRODES PER UNIT-11996-000091,TEST LOAD- 21330-001365, IN-SERVICE DVD-21330-001486(one per C3 order) , SERVICE MANUAL CD-26500-003612(one per _ order)and SHIP KIT(RC Cable)41577-000288 INCLUDED. U) HARD PADDLES, BATTERIES AND CARRYING CASE CL NOT INCLUDED. 11140-000015 AC power cord 2.00 77.70 -14.63 63.07 126.14 11140-000052 LP15 REDI-CHARGE Adapter Tray 2.00 198.50 -37.28 161.22 322.44 11141-000115 REDI-CHARGE Base(power cord not included) 2.00 1,470.00 -280.12 1,189.88 2,379.76 CL 4) 11160-000011 NIBP CUFF BAYONET-REUSEABLE,INFANT 2.00 21.00 -2.73 18.27 36.54 0 11160-000013 NIBP CUFF BAYONET-REUSEABLE,CHILD 2.00 24.00 -3.12 20.88 41.76 11160-000015 NIBP CUFF BAYONET-REUSEABLE,ADULT 2.00 30.00 -3.90 26.10 52.20 11160-000017 NIBP CUFF BAYONET-REUSEABLE,LARGE ADULT 2.00 33.00 -4.29 28.71 57.42 11160-000019 NIBP CUFF BAYONET-REUSEABLE,XL ADULT 2.00 48.00 -6.24 41.76 83.52 11171-000017 Masimo SET LNCS Adult Reusable Sensor 2.00 325.00 -66.79 258.21 516.42 11171-000032 Rainbow DCI-DC8,Adult Reuse Sensor,8 ft 2.00 1,013.00 -348.11 664.89 1,329.78 CL 11171-000033 Rainbow DCP-DC9, Pedi Reuse Sensor,8 ft 2.00 1,013.00 -252.44 760.56 1,521.12 11220-000028 Carry case top pouch for use w/LIFEPAK 12 or LIFEPAK 15 2.00 54.60 -11.02 43.58 87.16 11260-000039 LIFEPAK 15 Carry case back pouch 2.00 79.20 -18.00 61.20 122.40 0 11577-000002 LIFEPAK 15 Basic carry case w/right&left pouches 2.00 309.20 -72.90 236.30 472.60 co CL INCLUDED AT NO CHARGE: 11577-000001 Shoulder Strap 50999-000117 Zone1: (1 to 25Mi)or(1 to 40Km) 4.00 0.00 0.00 0.00 0.00 14 cm LIFEPAK 15 Service-4 YEAR. LP15-OSCOMP-4-POS 2.00 6,720.00 -1,008.00 5,712.00 11,424.00 cm On-site Comprehensive Coverage.Annual Payments. Trade in of LIFEPAK 12 Biphasic-3 Feature towards the Trade-in product 2.00 0.00 0.00 -3,900.00 -7,800.00 purchase of Lifepak 15 21330-001176 LP 15 Lithium-ion Battery 5.7 amp hrs 6.00 453.60 -94.94 358.66 2,151.96 6 0 Subtotal USD'77,003.06 0 Estimated Tax USD 0.00 U) Estimated Shipping&Handling USD 0.00 CL I Grand Total USD'77,003.06 Pid6 ng Sunnnnairy Totalls List Price Total USD 102,404.00 e' Total Contract Discounts Amount USD .17,560.38 Total Discount USD .40.56 Packet Pg.41 Quote Number:00023247 Trade mDiscounts mso-7. Tax+G&H UGDO.00 GIRAIMIDT0TAIL F011QUOTIE -- 003O� *~ UGD77 . U 'TO PLACE AIM ORDER, PLEASE FAX A COPY OF THE QUO-TIE AMID PURCHASE OIRIDEIRT0:#800-732 0956,ATTIl REP SUPPORT pnvm|o`oomnnoL. |wc.REQUIRES WRITTEN VERIFICATION or n*|ooRosn xpuRo*^asonosm|ansou|RsoomALL ouaTo1Msn APPROVAL(xuTHoIR|zsoSIGNATURE) >1 ORDERS$100000ns�s�Tenospons�p�uo�a�srns|�xT ` AND TAXES. THE UNDERSIGNED|a AUTHORIZED TuACCEPT CL Tx|o ORDER m ACCORDANCE WITH TnsTsnIMe AND Pmcea ms 0*m DENOTED HEREIN. TTT � CL oxTs ' DA01262701/78555 =+ .. IMotes: 00 Faxes, shlpping and handfing fees are eStllMates only and are subject to change at the tllMe of order. Shlpping and handfing applles to ground �- transport only. Physlo-ContiroI wlII assess a$10 handfing fee on any order less than$200.00. Above phuingvo|id only ifoUit*m*in quote are purchased (opdono|it*m*not r*quir*d) .2 Tor*ueiv*o�ad*inumdit. Buyer ogm*omr*mm�*�od*ind*viue(o)wi�in3O days ofmueiptof the r*p|ouem*ntd*viue(o)m �CL Phyoio-Contm|'o place ofbuoin*o*ormonouthohz*dPhyoio-Contm|mpr*o*ntadv*. Phyoio-Contm|wiUpmvid*inotmctiono for netumingthe d*viue(o)and wiU pay for the o**ouiotedohippingcost In the event that trade-ln devlce(s)are not recelved by Physlo-ContiroI wlthlin the 30-day w4idow, Buyer acknowledges that thls quote shaIII 0 constrtute a purchase order and agrees to be lnvolced for the aIMOUrlt Of the tirade-ln clscount |nvoiueohoUb*payable upon mueipt 0 lteMS Ilsted above at no change are lncluded as part of a package clscount that lnvolves the purchase of a bundle Of rteMS. Buyer ls solely CL moponoib|*�roppmphot*|yoUouoting�*di*uount extended on the bundle when�|§Uing any r*po�ngob|igotionoitmighthave. - |f Buyer i*ord*ringommiue. Buyer offirm*mading and accepts the t*rm*of the Phyoio-Contm|. Inc.T*uhniuo|S*rviue Support Agm*m*nt whiuhi*ovoi|ob|*hnm your sales mpr*o*ntadv*or http:0wwwphyoio-uontmiuom/Up|ood*dFi|*o/pmducw/s*rviuep|ono/T*uhni call S*rviueAgm*m*nt pdf '14:RN I S 0pS A n,Ill :3 Gonoumv1'oufus — Phyein'Cnn\m|. |nc.eaocep\ancenf\heBuyor'enrdorioexpreoo|ycnndidnnednnpmduc\avai|abi|ityand\heBuyer'eaooen\m\he\ermoee\forth ln tlhls document and rts attachments. Physlo-Contirol, Inc. agrees to furnlsh the goods and servlces ordered by the Buyer only on these terms, and \heBuyer'eaocep\ancenfanypnrtinnnf\hegnndeandeerviceocnveredby\hiodnoumen\ehaUcnnfirm\heiraocep\anceby\heBuyor.Theoe 0 � �rmocnnod\u�the cnmp|e�agreement between the pa�ieo and they ehaUgnvem any cnnMi�ingnrambigunue�rmonn the Buyer's purchase order or on other documents subrTiltted to Physlo-Contirol, Inc. by the Buyer. These terms may only be revlsed or aimended by a wrltten agreement eignedbyanau\hnrizedrepreoen\advenf both pairtieo CL Pricing to Unless otlherwlse lndlcated ln tlhls document,prlces of goods and servlces covered by tlhls document shaIII be Physlo-Contirol, Inc.standard prlces ~� ln effect at the thTie of dellvery. Prlces do not lnclude frelght lnsuraince,frelght forwairdlng fees,taxes,dutles, hTiport or export perrTilt fees,or any other shTillair charge of any klnd appIlcalble to the goods and servlces covered by tlhls document.Sales nr use taxes nndnmeodo(USA)do|iverieo ~� wlII be lnvolced ln addltlon to the prlce of the goods and servlces covered by tlhls document unless Physlo-Contirol, Inc.recelves a copy of a vallld an exemptlon certlflcate pdor to dellvery. Please forward your tax exemptlon certlflcate to the Physlo-Contirol, Inc. Tax Department P.O. Box Q7OOS. Redmond,VVaohing\nnQ8O73-Q7OS payrnem« Unless otlherwlse lndlcated ln tlhls document or otlherwlse confirmed by Physlo-Contirol, Inc. ln wrltlng, payment for goods and servlces supplled by Phyein'Cnn\m| Inc. ha||boeu�eo\\n\he�Unwing�rmo +° . ° onmesfio(USA)Sales Upon appmva|nfcredi\byPhyein-Cnnkn|. |nc, 100%nfinvnioe due tlhiny(3O)days after invnioedate. Quote Number:OOO23247 1 Packet Pg.42 ° |ntemadnna|Sa|ew SIgh\draft nracceptalbIe(cnrfinmed)inevnoab|o|ouernfcred[t. PhysIo-ContiroI, Inc. may change the terms of payment at any fime prIor to defivery by provIdIng wrItten notIce to the Buyer. Duivol-N Un|ewontlherwIoeindimatedin\hie document,do|iveryehaUboFOBPhyein'Cnnkn|. Inc.pnin\nfehipmen\and ddo and hoknf|nooehaU bass mthe Buyer at that poInt. PairtIall defivedes may be made and pairtIall InvoIces shallI be permItted and shallI become due In accordance wItlh the payment -- terms. In the absence of shIppIng InstiructIons from the Buyer, PhysIo-ContiroI, Inc.MI obtaIn tirainsportatIon on the Buyer's behalf and for the 0 Buyer's account. � � Defivery dates are approxImate. PhysIo-ContiroI, Inc.MI not be fialbIe for any Ioss or daimage of any kInd due to deIays In defivery or nondefivery resuffing from any cause beyond Its reasonalbIe contiroI,IncIudIng but not fimIted to, acts of God,Ialbor dIsputes,the requIrements ofainy gn"emmen\a|au\hnrity.war,civi|unrest,termrio\acts,do|ayein manufacture,nb\aining any required|ioenoenrpermi\.and Phyein'Cnn\m|. Inc. InalbIfity to obtaIn goods from Its usuall sources.Any such deIay shallI not be consIdered a breach of PhysIo-ContiroI, Inc. and the Buyer's agreement and the defivery dates shallI be extended for the Iengtlh of such deIay. 11wipocaonsmnd Rdurns CL CIahTis by the Buyer for daimage to or shortages of goods defivered shallI be made wItlhIn tlhIrty(30)days after shIpment by provIdIng 0 PhysIo-ContiroI, Inc.wItlh wrItten notIce of any defIcIency. Payment Is not confingent upon ImmedIate correctIon of any defIcIencIes and PhysIo-ContiroI, Inc. prIor approvall Is requIred before the return of any goods to PhysIo-ContiroI, Inc. PhysIo-ContiroI, Inc. reserves the hgh\m charge a1o%restockIng fee for returns. The PhysIo-ContiroI Returned Product Poky Is Iocated at CL sel-Vicel,erills AIII devIce servIce MI be governed by the PhysIo-ContiroI, Inc. TechnIcall ServIces Support Agreement whIch Is avaflalbIe from your salles repreoen\advenrhup:&www.phyein'cnn\m|cnm/up|nadodFi|oo/pmduc\e/eervioe-p|ano/Teohnioa|ServioeAgreomen\.pdf.AUdoviceo that are not undorPhyein-Cnn\m| LimitedVVarrantynracurren\Teohnioa|ServiceSuppnr\Agreomen\mue\boinopeotedandrepaired(ifneoeooary)mmee\ orIgInall specIfIcatIons at then-current fist prIces prIor to beIng covered under a TechnIcall ServIce Support Agreement. If Buyer Is orderIng servIce, Buyer affirms readIng and accepts the terms of the TechnIcall ServIce Support Agreement. .. � vvmoran�) oo Phyein'(.-'nnkn|. Inc.waman\e Its products in accordance witlh the terms of the standard PhysIo-ContiroI, Inc.product wairrainty appficalbIe to the product mboeupp|ied. Phyein'Cnnkn|. Inc.wairrantsmarvicew and rep|acemen\pairtepmvIdodinpodorming such eervIceoagaino\defects in acc*rdancewitlh the terms of the PhysIo-ContiroI, Inc.servIce wairrainty set forth In the TechnIcall ServIce Support Agreement. The remedIes provIded under such wairrainfies shallI be the Buyer's soIe and excIusIve remedIes. PhysIo-ContiroI, Inc. malkes no other wairrainfies,express or Impfied, IncIudIng,wItlhout IhTiItafion, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,AND IN NO � EVENT SHALL PHYSIO-CONTROL, INC. 13E I-IA131-E FOR INCIDENTAL, CONSEQUENTIAL,SPECIAL OR OTHER DAMAGES. CL Pm*en� &��o��w� Upon receIpt of prompt notIce from the Buyer and wItlh the Buyer's autlhorIty and assIstaince, PhysIo-ContiroI, Inc. agrees to defend, 0 InderTinIfy and hoId the Buyer harmless agaInst any cIaIrTi that the PhysIo-ContiroI, Inc.products covered by tlhIs document dIrectlly InfrInge any () United States nfAmerioapatent. CL Miscellaneous mnomms z� a) The Buyer agrees that products purchased hereunder MI not be reshIpped or resoId to any persons or pIaces prohIbIted by the Iaws oftlhe United States nfAmerioa b) Through the purchase of PhysIo-ContiroI, Inc.products,the Buyer does not acquIre any Interest In any toofing, CM drawinge.dooigninformadnn.computer pmgramming. patents nrcnpyrightednrcnnfidonda|informadnnre|a\edmeaid products,and the Buyer expressIy agrees not to reverse engIneer or decompfle such products or reIated software and InformatIon. c) The righ\e and nb|igadnnonf PhysIo-ContiroI, Inc. and the Buyer reIated to the purchase and salle of products and servIces descrIbed In tlhIs document shallI be governed by the Iaws of the State of WashIngton, UnIted States of Aimedca.AIII costs and expenses Incurred by the prevaIfing pairty reIated to enforcement of Its rIghts under tlhIs document, IncIudIng reasonalbIe attorneys fees, shallI be rehTibursed by the other pairty. CY CL � � � � Quote Number:OOO23247 Packet Pg.43 B.4 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Consider authorizing City Manager to execute a professional services contract with Alpha Testing , Inc. for professional services related to asbestos abatement in the amount of$74,000. Presenter: Chris Amarante, Director of Facilities & Construction Summary: Consider authorizing the City Manager to execute a professional services contract with Alpha Testing, Inc. for professional services related to asbestos abatement located at 6720 N.E. Loop 820, in the amount of$74,000. General Description: Alpha Testing, Inc. was selected to perform a study to identify asbestos containing materials located at 6720 N.E. Loop 820. Alpha Testing Inc. performed a complete and thorough study identifying and quantifying asbestos containing materials at the facility. Asbestos was identified in the interior, exterior, and roofing materials. Prior to any demolition activities the asbestos containing materials must be abated. Alpha Testing Inc. will provide the professional services necessary to ensure compliance throughout the asbestos abatement removal process. It is common industry practice and advantageous to have the firm who performed the initial study also provide the inspection and monitoring services as well as the state mandated reporting. This maintains a single source of responsibility, assuring the abatement is performed according to all local, state, and federal regulations. The scope of work includes a site specific abatement plan, technical specifications prepared by a State of Texas licensed asbestos consultant, on-site air monitoring and inspection, and final report documentation. Alpha Testing, Inc. has performed work for the City in the past and has a favorable work history. Recommendation: Consider authorizing City Manager to execute a professional services contract with Alpha Testing , Inc. for professional services related to asbestos abatement in the amount of$74,000. Packet Pg.44 Geotechnieal 2209 Wisconsin Street Tel:972.620.89 B•4.a AConstruction Materiah Suite 100 Fax:972.620.1302 Eni,ironmental Dallas, Texas 75229 www.alphatesting.com TBPE Firm No. 813 WHERE IT ALL BEGINS January 11,2016 City of North Richland Fulls E 7301 NE Loop 820 North Richland Hills,TX 76180 Attention:Mr.Ken Raney Re: Asbestos Consulting Services City Municipal Complex 11 6720 N.E.Loop 820 North Richland Hills,Texas ALPHA Proposal No.4997Lr1 0 0 U) 4) ALPHA TESTING, INC. (hereinafter "ALPHA") is hereby pleased to submit to the City of North Richland Hills ("Client")the following proposal for asbestos consulting services. ALPHA's scope of services,budget and schedule for co this project is provided in the following sections. U) U) PROJECT INFORMATION 0 I- The scope of services for this project is based on the following information. Q ➢ ALPHA will provide asbestos consulting services regarding the removal and disposal of selected materials identified to contain asbestos at the above referenced site that will be affected by planned renovation and/or demolition. ➢ Areas included in the abatement will include all applicable interior and exterior building locations. Identified asbestos-containing materials(ACMs)to be abated include the following: Q ➢ drywall texture(sand texture) -2%Chrysotile ➢ drywall joint compound-2%Chrysotile ➢ texture on CMU walls-2%Chrysotile ➢ floor the-5%Chrysotile Z ➢ floor the black mastic-5%Chrysotile U) ➢ F x F adhered acoustical ceiling the brown mastic(flat edge style)-2%Chrysotile a ➢ F x F adhered acoustical ceiling the brown mastic(beveled edge style)-2%Chrysotile CL ➢ acoustical ceiling texture-5%Chrysotile ➢ wood paneling brown mastic- 15%Chrysotile ➢ wood paneling yellow mastic- 10%Chrysotile ➢ interior window caulking-3%Chrysotile I� ➢ sink mastic-5%Chrysotile ➢ domestic water pipe fitting-3%Chrysotile ➢ ceramic the debris pile(grout)-2%Chrysotile ➢ exterior hard plaster(sand texture)-2%Chrysotile 4) ➢ exterior hard plaster(rough texture) -2%Chrysotile ➢ exterior waterproofing mastic(base of foundation)- 10%Chrysotile ➢ exterior window glazing-3%Chrysotile ➢ caulking on roof between end windows(white)-2%Chrysotile ➢ duct insulation mastic(roof)-5%Chrysotile B.4.a ➢ roof tar-5%Chrysotile ➢ roof mastic- 5%Chrysotile SCOPE OF SERVICES E U) Project Design and TDSHS Notification A site-specific abatement plan and technical specifications will be developed for the removal and disposal of the previously identified asbestos-containing materials (ACMs) from the above-referenced facility. The specifications will �C be designed in accordance with current local,state and federal regulations. The specification document will be prepared 0 by a State of Texas licensed asbestos consultant. 0 2 A 10-Day Notification form will be submitted to the Texas Department of State Health Services (TDSHS) per State r_ 0 regulations prior to initiating asbestos abatement. 0 U) 4) On-Site Air Monitoring and Inspection Services 2 a� A State of Texas licensed asbestos project manager(s)(PM)will be on-site for the duration of the project to perform air co monitoring, on-site inspections, and to evaluate the work area for compliance with State and Federal asbestos r_ regulations and the abatement design. The PM(s) will perform a final visual inspection after the abatement has been 2 completed, and conduct clearance testing in accordance with the current Texas Department of State Health Services U) (TDSHS) regulations. The air samples will be analyzed by Phase Contrast Microscopy(PCM) in accordance with the 0 National Institute of Occupational Safety and Health(NIOSH)Method 7400. CL Q Final Report ALPHA will prepare a final report documenting a description of the project, air sample results, and air clearance information. ASSUMPTIONS The proposed scope of work is based on the following assumptions presented below. w • Client represents that he/she has full authority from the current landowner to engage ALPHA to perform these 0 services. • ALPHA will have access and entry to the site. No stand-by time associated with site access and entry will be 0 incurred. 0- CL • Client will provide water,electricity and security during the duration of the project. • All work will be conducted during a standard 8-hour work day from Monday-Friday. U) • Removal and abatement of the listed identified ACMs will be completed by the selected abatement contractor within a maximum of 60 business days during one(1)mobilization. d • Abatement will be completed by the selected abatement contractor utilizing a maximum of one (1) abatement containment at a given time. 4) E • Air-monitoring and inspection services will be conducted by a maximum of one (1) on-site air-monitoring supervisor. • Client is responsible for payment of Texas Department of State Health Services(TDSHS)notification fees. Packet Pg.46 Page 2 of 8 ALPHA Proposal No.49971.r1 B.4.a • Client is responsible for all replacement or re-build of abated walls/floors/ceilings, cabinets, appliances, etc. and other damaged building materials. Please note that paint and/or other substrate damage, delamination, peeling, chipping, etc. may occur during the removal of duct tape and adhesives utilized during remediation activities, and tapes/adhesives may leave a residue on surfaces. Client is responsible for repair of these materials. E PROJECT BUDGET U) The scope of services outlined herein will be provided on a lump sum basis in accordance with the fee schedule presented below. 0 Estimated Project Cost 0 Project Specification $2,000.00 Project Management $6,000.00 0 On-site Inspection/Air Monitoring Services $61,000.00 O Final Report $5,000 00 0y eSm co PROJECT EXECUTION U) U) If this Proposal is acceptable, please have an authorized officer sign in the space provided below in the Proposal 2 Acceptance Form and return a signed copy via either email or fax, or the signed original to our office. We will L- CL consider receipt of a signed original or copy of this Proposal as our Notice to Proceed. Work cannot be initiated prior to receiving a signed copy of this Proposal. If a copy is e-mailed or faxed, client consents to such copy of a signature, or Q electronic signature, as serving as an original signature. Unless prior arrangements are agreed to in writing,payment for 00 services described in this Proposal is due within 30 days of invoice date. By execution of this Proposal, the undersigned Client acknowledges and agrees that the attached "Terms and Conditions"have been provided or made available to Client and Client agrees that such Terms and Conditions shall be applied to the present Proposal and shall be fully binding upon Client. The"Terms and Conditions" are attached to this proposal as"Exhibit A"and are fully incorporated into this Proposal by reference as if set forth herein. Sincerely, ALPHA TESTING,INC. U) 0 CL Christopher F.Talamini,P.G. Environmental Department Manager U) CFT/dr Attachments: Proposal Acceptance Form "Exhibit A"Terms and Conditions d Page 3 of 8 ALPHA Proposal No.4997 L Packet Pg.47 B.4.a PROPOSAL ACCEPTANCE FORM Date:January 11,2016 ALPHA Proposal No.:4997Lr1 E Project Name: City Municipal Complex II Project Location:North Richland Hills,Texas d 0 CLIENT: ADDRESS: 0 0 CITY/STATE/ZIP: U) 4) ATTENTON: TELEPHONE: co EMAIL: FAX: The undersigned hereby accepts all the Terms and Conditions set forth in this Proposal and warrants that he/she has full U) authority to bind the Client. 2 L- PROPOSAL ACCEPTED BY: C14 Name(Print) Title Signature Date REPORT DISTRIBUTION FIRM ADDRESS CITY STATE ZIP OF COPIES 0 U) 0 a 0 L- S U) U to two 2 hard copies can be provided if desired. If more than two 2 printed copies are requested an P O P� P O P P� q additional fee of$50.00 per copy will be added to the study fee. Page 4 of 8 ALPHA Proposal No.4997 L Packet Pg.48 B.4.a "EXHIBIT A" Terms and Conditions Section 1:The Agreement The Agreement between the parties,which shall describe and govern CLIENT's engagement of ALPHA TESTING,INC.("ALPHA")to provide services("Services")in connection with the project("Project')identified in the proposal("Proposal"),consists of the Proposal,these General Terms and Conditions("Terms"),ALPHA's fee schedule, and any exhibits or attachments referenced in any of these documents.Together these elements � constitute the entire agreement between the parties,superseding any and all prior negotiations,correspondence,or agreements,either written or oral, with respect to the subject matter of this engagement.This Agreement may only be modified by mutual signed,written agreement.In the event of a conflict between these Terms and the Proposal or exhibits,the following order of precedence shall prevail:(i)These Terms,(ii)the Proposal,and(iii) any exhibits or attachments referenced in the foregoing. �( Section 2:Standard of Care °0 The Services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by members of ALPHA's profession currently practicing under similar conditions and in the same locality as the Project(the"Limited Warranty"). Interpretations and recommendations by ALPHA will be based solely on information discovered by,or made available to,ALPHA during the course of the engagement.In connection with such information, CLIENT recognizes that subsurface conditions across the site may vary from those observed at test locations,including but not 0 limited to locations where density tests and concrete tests,borings,surveys,or explorations are made,and that site conditions may change over time. 0 ALPHA shall not be responsible for the use or interpretation of such information by non-parties to this Agreement nor shall ALPHA be responsible for U) changed site conditions or for subsurface conditions at locations where testing,borings, surveys, or explorations are not made. If Client provides 2 ALPHA's report to any third Party, Client shall make such third party aware of this limitation of liability, and shall defend,indemnify,and hold ALPHA harmless from any action against ALPHA by such third party. CO EXCEPT FOR THE LIMITED WARRANTY,ALPHA MAKES NO OTHER REPRESENTATION OR WARRANTY,EXPRESS OR r_ IMPLIED,REGARDING THE SERVICES,AND EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES;INCLUDING,BUT NOT 0 LIMITED TO, THE IMPLIED WARRANTIES OF GOOD AND WORKMANLIKE PERFORMANCE AND OF FITNESS FOR A 7A PARTICULAR PURPOSE. Ug 0 Section 3:Site Access and Conditions CL CLIENT shall grant to,or obtain for,ALPHA unimpeded access to the Project site for all equipment and personnel necessary for the performance of the Services,and access necessary for ALPHA's personnel to photograph the Project site.As required to effectuate such access,CLIENT shall notify CM all owners,lessees,contractors,subcontractors,and other possessors of the Project site that ALPHA must be allowed free access to the site.CLIENT 00 understands that,in the normal course of performing the Services,some damage,including but not limited to injury to vegetation,rutting,and cracking of concrete,may occur as a result of ALPHA'S performance ofthe Services,and further agrees that ALPHA is not responsible for the correction of any such damage caused by ALPHA unless so specified in the Proposal. CLIENT is responsible for the accuracy of locations for all subterranean structures and utilities,and CLIENT waives any claim against ALPHA,and shall defend(with counsel acceptable to ALPHA),indemnify,and hold CM ALPHA harmless from any claim or liability for injury,damages,or loss by any party,including costs of defense and attorneys' fees,arising from damage caused as a result of subterranean structures and utilities not being properly identified or accurately located by CLIENT.In addition,and without limiting the foregoing,CLIENT shall compensate ALPHA for any consequential damages resulting from any such claim,including without limitation time spent or expenses incurred by ALPHA in defense of any such claim,with such compensation to be based upon ALPHA's prevailing fee schedule and expense reimbursement policy. Section 4:CLIENT's Responsibility and Project Understanding CLIENT shall make available to ALPHA all information in its possession or subject to its control regarding existing and proposed conditions at the site. Such information shall include, but not be limited to, plot plans, topographic surveys, hydrographic data, and previous soil data, including 0 borings,field and laboratory tests,and written reports.CLIENT shall immediately,but in no event later than twenty-four(24)hours after its receipt, Z transmit to ALPHA any new information concerning site conditions that becomes available,and any change in plans or specifications concerning the Project to the extent such information may affect ALPHA's performance of the Services. CLIENT shall,upon 24 hours oral or written notice,provide 6) a representative at the job site to supervise and coordinate the Services. 0 0 Additional responsibilities of the CLIENT include:review of ALPHA's work for overall coordination with the work of other consultants,including CL any architects and engineers;with reasonable promptness,but in no event later than hours,provide all available information regarding requirements g3 for ALPHA's work;upon request by ALPHA,the CLIENT shall furnish the services of other reasonably required consultants,including surveys, testing laboratory, etc.; prepare and assemble specifications for the General Conditions and Supplementary Conditions and all architectural 0) components of the project,and coordinate assembly of ALPHA's specification sections into a proper format;notify ALPHA immediately if the Client, any architect, or any engineer becomes aware of any fault or claimed deficiency with ALPHA's work, or nonconformance with the Contract U) Documents and provide ALPHA a reasonable opportunity to cure any such deficiency or nonconformance; confer with ALPHA before issuing interpretations or clarifications of the documents prepared by ALPHA;forward to ALPHA for review and recommendation all construction phase g� submittals that pertain to ALPHA's work;and advise ALPHA of the identity and scope of services of other consultants participating in the Project. ALPHA shall not be liable for any inaccurate information furnished by CLIENT,and CLIENT shall defend(with counsel acceptable to ALPHA) indemnify and hold ALPHA harmless against any claims,demands or liability,including costs of defense and attorneys'fees,arising out of,related to, or contributed to by such inaccurate information. CLIENT waives any claim it might have against ALPHA for damages arising out its failure to 4) timely provide accurate information or its failure to timely provide new,changed,or additional information,as set forth in the preceding paragraph, E and further agrees to indemnify and hold harmless ALPHA from any claim or liability resulting from CLIENT's failure to timely provide such new, ga changed,or additional information. Section 5:Project Change In the event CLIENT, the Project owner, Architect, Structural/Civil Engineer or other party makes any changes in the plans and specifications, CLIENT agrees to defend and hold ALPHA harmless from any liability arising out of such changes,and CLIENT assumes full responsibility for any liabilities arising out of such changes unless CLIENT has given ALPHA prior written notice of such changes and has received from ALPHA written consent for such changes. Packet Pg.49 Page 5 of 8 ALPHA Proposal No.49971.r1 B.4.a Section 6:Confidentiality All data,forms,software,or any other materials developed by ALPHA pursuant to the performance of Services under this Agreement,or supplied to or obtained by ALPHA from CLIENT,or generated by ALPHA or its subcontractors is confidential(the"Confidential Material")and will be afforded Confidential Treatment by ALPHA, its employees, agents, affiliates, and subcontractors.Proprietary concepts and systems of ALPHA, and ideas developed by ALPHA during the performance of the Services.shall remain the sole property of ALPHA("Alpha Intellectual Property").Confidential Treatment includes the following:(i)The Confidential Material will be available only to employees of ALPHA;and(ii)Confidential Material will not be disclosed to any third party without the prior authorization of CLIENT.Upon completion of the Services or other termination of this Agreement, U) any Confidential Material retained by ALPHA not previously provided to third parties pursuant to Client authorization shall be retained by ALPHA for a period of at least 60 days,during which time period,such Confidential Material will be returned to CLIENT upon request by CLIENT.After this time period,ALPHA shall have the right,but not the obligation,to destroy such Confidential Material,thus terminating its confidentiality obligations. If Confidential Material is retained by ALPHA past such time period,the obligations stated in this Section 5 shall survive until the earliest of the following occur:(i)Confidential Material has become available to the general public through no fault of ALPHA;or(ii)Confidential Material is received by ALPHA from others who are in lawful possession of such and who by such disclosure are not breaching any obligation to CLIENT. 0 4— Notwithstanding the foregoing, any confidential information supplied by ALPHA to CLIENT, as well as any ALPHA Intellectual Property 6t (collectively, "ALPHA Confidential Information"), embody proprietary technology and valuable trade secrets of ALPHA, which are vital to the business of ALPHA,and whose value depends upon them not being generally known.CLIENT shall hold the ALPHA Confidential Information in r_ strict confidence and take all necessary steps to ensure that access to any portion of the ALPHA Confidential Information is not provided to any person 0 or entity other than CLIENT without the express written permission of ALPHA. CLIENT expressly agrees that if the ALPHA Confidential 0 Information is improperly disclosed ALPHA will be irreparably damaged. In such event,ALPHA shall be entitled,without bond,other security,or 4) proof of damages,to appropriate equitable remedies,including injunctive relief,with respect any breach(es)of this Agreement,in addition to any other 2 remedies available at law or in equity. In addition, CLIENT's officers, directors, employees and affiliates will protect the confidentiality of the ALPHA Confidential Information with the same degree of care as CLIENT affords its own confidential information(but in no event less than the co degree of care that would be taken by a reasonable person),and shall not disclose such information to any third party;provided,however,that the foregoing shall not apply to information that(a)is now or hereafter becomes publicly known due to no fault of CLIENT or(b)is disclosed to CLIENT r_ by a third party without any breach of an obligation of confidentiality. 2 U) U) Section 7:Sample Disposal +T Samples of soil,rock,water,waste or other materials contaminated by hazardous substances,including asbestos,obtained from the Project site are and 0 remain the property of the CLIENT.ALPHA shall retain such samples for no longer than thirty(30)calendar days after the issuance of any document CL that includes the data obtained from them,unless other arrangements are mutually agreed upon in writing.It is CLIENT's responsibility to select and arrange for lawful disposal procedures that encompass removing the contaminated samples from ALPHA's custody and transporting them to a suitable cm disposal site.Accordingly,unless CLIENT indicates otherwise within the thirty(30)day period referenced above,CLIENT hereby instructs ALPHA to make arrangements,as CLIENT's agent and at CLIENT's cost,for proper transportation and disposal of contaminated samples with appropriate licensed parties. Due to the risks to which ALPHA may be exposed during transportation and disposal of contaminated samples,CLIENT waives any claim against ALPHA,and shall defend,indemnify,and hold ALPHA harmless from any claim or liability for injury or loss,including costs of defense and attorneys' fees,arising from ALPHA's service as CLIENT's agent in arranging for proper transportation and disposal of contaminated samples. N There are extra costs involved in this disposal by ALPHA of samples contaminated with highly toxic and/or hazardous substances(i.e.PCBs,Dioxins, Cyanide,Pesticides,etc.). In this case,the CLIENT shall pre-pay all transportation and disposal costs or ALPHA will return the samples to the project site for proper disposal by the Client. Section 8:Construction Monitoring ALPHA shall have no authority to reject or terminate the work of any agent or contractor of CLIENT.No action,statements,or communications of ALPHA, or ALPHA's site representative, can be construed as modifying any agreement between CLIENT and others.ALPHA's presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained by CLIENT to provide construction related services.Neither the professional activities of ALPHA,nor the presence of ALPHA or its employees,representatives,or subcontractors on the 0 Project Site,shall be construed to impose upon ALPHA any responsibility for methods or quality of work performance,sequencing of construction,or Z safety conditions at the Project site.CLIENT acknowledges that CLIENT or its general contractor is solely responsible for job site safety,and warrants gZ and agrees that such responsibility shall be made evident in the Project owner's agreement with the general contractor.CLIENT shall make ALPHA U) an additional insured under any general contractor's general liability insurance policy. a 0 L_ In the event ALPHA expressly assumes any health or safety responsibilities for hazardous materials or other items as further set forth in this CL Agreement, the acceptance of such responsibility shall not be deemed acceptance of responsibility for any other health or safety requirements, including but not limited to those responsibilities or requirements relating to excavation,trenching,drilling or back filling. Section 9:Ownership of Documents E All reports,boring logs,field data,field notes,laboratory test data,calculations,estimates and other documents prepared by ALPHA in connection U) with this engagement,shall remain the property of ALPHA.CLIENT agrees that all reports and other material(s)furnished by ALPHA to CLIENT,or to CLIENT's agents,for which CLIENT has not paid will be returned to ALPHA upon demand and will not be used by CLIENT or others for any cY1 purpose whatsoever.Unless otherwise required by law,ALPHA will retain all pertinent records relating to the Services performed for a period not exceeding five years following submission of any report,as referred to herein,during which period the records will be made available to CLIENT at all reasonable times. After such five year period,ALPHA shall have the right,but not the obligation,to,in its sole discretion,destroy any or all of such documents. Section 10:Termination This Agreement may be terminated without cause by either party upon ten(10)days'written notice by the terminating party. This Agreement may 6t also be terminated for cause by the non-defaulting party if,after seven(7)days after written notice of a default in the performance of any material provision of this Agreement,the defaulting party fails to cure or correct such default.In the event of termination,ALPHA will be paid for services < performed through the date of termination, plus reasonable termination expenses, including the cost of completing analysis, records, and reports necessary to document job status at the time of termination. Page 6 of 8 ALPHA Proposal No.49971.r1 Packet Pg. 50 #X B.4.a Section 11:Risk Allocation and Limitation of Liability The parties acknowledge that a variety of risks potentially affect ALPHA by virtue of entering into an agreement to perform the Services.The parties further acknowledge and agree that there is no disparity in bargaining power between the parties. IN ORDER FOR CLIENT TO OBTAIN THE BENEFIT OF A LOWER FEE THAN WOULD OTHERWISE BE AVAILABLE,CLIENT AGREES TO LIMIT ALPHA'S LIABILITY TO CLIENT,AND TO ALL OTHER PARTIES,FOR CLAIMS ARISING OUT OF ALPHA'S PERFORMANCE AND THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ALPHA SHALL NOT EXCEED THE TOTAL FEE FOR THE SERVICES RENDERED ON THE PROJECT, OR $20,000, WHICHEVER IS LOWER, FOR ANY LIABILITIES, INCLUDING BUT NOT LIMITED TO NEGLIGENT PROFESSIONAL ACTS OR ERRORS OR OMISSIONS,AND CLIENT AGREES TO INDEMNIFY ALPHA FOR ALL LIABILITIES IN EXCESS OF THE MONETARY LIMITS ESTABLISHED. Client agrees that in no instance shall ALPHA be responsible,in total or in part,for the errors or omissions of any other professional,contractor,subcontractor or any other third party. Client also agrees that ALPHA shall not be responsible for the means,methods,procedures,performance,quality or safety of the construction contractors or subcontractors,or for their errors or omissions. 0 Section 12:Discovery of Unanticipated Hazardous Materials °tl® CLIENT warrants that it has made reasonable efforts to inform ALPHA of known or suspected hazardous materials on or near the Project site.The parties acknowledge that hazardous materials may exist at a site even if there is no reason to believe they are present.ALPHA and CLIENT agree that the discovery of such unanticipated hazardous materials constitutes a changed condition that shall require either a re-negotiation of the scope of ALPHA's Services or termination of this Agreement without cause.CLIENT recognizes that the discovery of hazardous materials may necessitate 0 C3 immediate protective measures to safeguard the public health and safety and shall compensate ALPHA for measures that in ALPHA's professional U) opinion, are necessary and justified to preserve and protect the health and safety of site personnel and the public. CLIENT also shall compensate 4) ALPHA for any equipment decontamination or other costs incident to the discovery of unanticipated hazardous materials. ALPHA shall notify .2 CLIENT as soon as practicable should unexpected hazardous materials be encountered at the site that pose a threat to human health,safety and the environment. CLIENT agrees that in the event of the discovery of hazardous materials at the site, it shall report such discovery to the proper co authorities as required by Federal, State,and local regulations.CLIENT agrees to make the required report at the recommendation of ALPHA,or,if unable to do so,authorizes ALPHA to make such report.CLIENT shall also inform the Project site owner in the event that hazardous materials are encountered at the site. 2 U) U) Notwithstanding any other provision of this Agreement, CLIENT waives any claim against ALPHA,and to the maximum extent permitted by law, 2 agrees to defend,indemnify,and save ALPHA harmless from any claim,liability and/or defense costs for injury or loss arising from the presence of 0 hazardous materials on the project site, including any costs created by delay of the project and any costs associated with possible reduction of the CL property's value.CLIENT is responsible for ultimate disposal of any samples secured by ALPHA that are found to be contaminated,at CLIENT's cost. Q cm Section 13:Ground Water Contamination CLIENT acknowledges that it is impossible for ALPHA to know the exact composition of a site's subsurface,even after conducting a comprehensive exploratory program.As a result,there is a risk that drilling and sampling may result in contamination of certain subsurface areas.Although ALPHA will take reasonable precautions to avoid such an occurrence,CLIENT waives any claim against ALPHA for,and shall defend,indemnify and hold cm ALPHA harmless from,any claim or liability for injury or loss which may arise as a result of subsurface contamination caused by drilling,sampling, testing or monitoring well installation.CLIENT shall also adequately compensate ALPHA for any time spent and expenses incurred in defense of any such claim. Section 14:Insurance No insurance carried by ALPHA shall be deemed to limit in any way the responsibility of any contractor or subcontractor for damages resulting from P*. their services in connection with the Project.CLIENT shall include,or cause to be included,in the Project's construction contract such requirements for insurance coverage and performance bonds to be secured and maintained by the Project contractor as CLIENT deems adequate to insure and indemnify CLIENT and ALPHA against claims for damages,and to insure compliance of work performance and materials with Project requirements. 0 Z Section 15:Indemnity gZ ALPHA and the Client shall each indemnify the other against claims for bodily injury or damage to tangible property resulting from:(a)negligent U) error,omission or act of the indemnitor or the indemnitor's officers,servants,employees or subconsultants in the performance of the work hereunder; a or(b)negligent failure of the indemnitor or the indemnitor's officers,servants,employees or subconsultants to comply with laws or regulations;or(c) 0- negligent failure of the indemnitor to perform under any contract with any other party,its,officers,servants,employees,subconsultants or clients. This CL indemnity obligation shall survive performance of the services hereunder. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALPHA WILL NOT INDEMNIFY CLIENT FOR ITS OWN NEGLIGENCE. E U) Section 16:Invoices and Payment Terms In consideration for the performance of the Services,ALPHA shall be paid an amount and according to terms set forth in the Proposal("Project Cost'); M however,if payment terms are not listed in the Proposal,payment for Services shall be payable within thirty(30)days of ALPHA's invoice date(the "Payment Due Date").All payments must be paid by the Payment Due Date,and shall not be contingent upon CLIENT's receipt of separate payment, financing or closing on the project property,or other conditions whatsoever. If CLIENT objects to any portion of an invoice,it shall notify ALPHA in writing within ten(10)days from the date of actual receipt of the invoice of the amount and nature of the dispute,and shall timely pay undisputed portions of the invoice.Past due invoices and any sums improperly withheld by CLIENT shall accrue interest thereon at the rate of one percent(1%) per month,or the maximum rate allowed by law,whichever is lower.CLIENT agrees to pay all costs and expenses,including reasonable attorney's fees and costs,incurred by ALPHA should collection proceedings be necessary to collect on Client's overdue account.Unless the Proposal specifies the at Project Cost as not-to-exceed or lump sum, CLIENT agrees that cost estimates and schedules are based upon ALPHA's best judgment of Site conditions and other requirements at the time of Proposal and should be used by CLIENT for planning purposes only. ALPHA will endeavor to < perform the Services within the estimates but will notify CLIENT if estimates are likely to be exceeded. In the event of changed site conditions or other conditions requiring additional time,CLIENT agrees to pay the reasonable and necessary increases resulting from such additional time. Page 7 of 8 ALPHA Proposal No.49971.r1 Packet Pg. 51 #X B.4.a Unless otherwise specified in the Proposal,CLIENT will be solely responsible for all applicable federal,state or local duty,import,sales,use,business, occupation,gross receipts or similar tax on the Services,and for any applicable duty,import sales,uses,business,occupation,gross receipts or tax and shipping charges relating to equipment and repair parts furnished in connection with the Services.In the event ALPHA is required to respond to any subpoena or provide testimony(as a fact or expert witness)related to the Services,CLIENT shall pay ALPHA for time and expenses in accordance with ALPHA's then current fee schedule. E Section 17. Non-Solicitation U) During ALPHA's performance on the Project and for a period of one(1)year after the Project is completed or otherwise terminated for any reason, CLIENT shall not directly or indirectly,individually or on behalf of any other person,firm,partnership,corporation,or business entity of any type:(i) solicit,assist or in any way encourage any current employee,contractor or consultant of ALPHA to terminate his or her employment relationship or consulting relationship with or for ALPHA,nor will CLIENT solicit the services of any former employee or consultant of ALPHA whose service has been terminated for less than six(6)months,or(ii)solicit to the detriment of ALPHA and/or for the benefit of any competitor of ALPHA,take away or attempt to take away,in whole or in part,any customer of ALPHA or otherwise interfere with the ALPHA's relationship with any of its customers. 0 CLIENT understands and acknowledges that ALPHA's employees,contractors and consultants are a valuable resource to ALPHA,and often these 4— persons hold confidential and or trade secret information of ALPHA's,including proprietary technology and valuable trade secrets of ALPHA,which a t are vital to the business of ALPHA and whose value depends upon them not being generally known. CLIENT expressly agrees that,if ALPHA's employees,contractors,and consultants are solicited in contravention of this Non-Solicitation provision,that ALPHA will be irreparably damaged. In r_ such event,ALPHA shall be entitled,without bond,other security,or proof of damages,to appropriate equitable remedies with respect any breach(es) 0 of this Agreement,including injunctive relief,in addition to any other remedies available at law or in equity. 0 U) 4) Section 18:Resolution of Disputes 2 All claims,disputes,controversies or matters in question arising out of,or relating to,this Agreement or any breach thereof,including but not limited to disputes arising out of alleged design defects,breaches of contract,errors,omissions,or acts of professional negligence,(collectively"Disputes") CO shall be submitted to mediation before and as a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement for mediation of any dispute,CLIENT and ALPHA shall select a neutral mediator by mutual agreement. Such selection shall be made r_ within ten(10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such 2 agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by U) CLIENT and ALPHA within ten(10)calendar days,a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the +T American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree.Any disputes or controversies not 0 resolved or settled by the parties hereto shall be submitted to arbitration. Demand for arbitration shall be made by either party within ten(10)calendar CL days following termination of mediation. The date of termination of mediation shall be the date of written notice of closing mediation proceedings issued by the mediator to each of the parties.Demand for arbitration shall be made by filing notice of demand,in writing,with the other party and with cm the American Arbitration Association,under its Construction Industry Rules.The award rendered,if any,by the arbitrator(s)shall be final and binding on both parties and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.Notwithstanding any other provisions of this Section,in no event shall a demand for mediation or arbitration be made more than two(2)years from the date of the party making demand knew or should have known of the dispute or five(5)years from the date of substantial completion of ALPHA's Services,whichever date shall occur earlier.All mediation or arbitration shall take place in Dallas County,Texas,unless CLIENT and ALPHA agree otherwise.The fees of the N mediator and/or arbitrator(s),the mediation and/or arbitration filing and proceeding fees,and other costs associated with the mediator or arbitrator(s) shall be apportioned equally between the parties, subject to,in the case of arbitration,to adjustment by the arbitrator(s)as part of the award. The prevailing party in any arbitration proceeding shall be entitled to recovery of its reasonable attorneys'fees from the non-prevailing party,as determined by the arbitrator(s). Section 19:Governing Law and Survival The validity of this Agreement,these terms,their interpretation and performance shall be governed by and construed and enforced in accordance with the laws of the State of Texas without regard to its conflict of laws rules or similar principles which would refer to and apply the substantive laws of another jurisdiction,and applicable international conventions and treaties.The parties hereto hereby consent and agree that venue of any arbitration 0 action shall lie exclusively in Dallas County,Texas,and the parties hereby consent to the exclusive jurisdiction of the state courts located in Dallas Z County,Texas to hear and determine any claims,disputes,or award between the parties arising out of such arbitration,or for any matter found to not gz arise under the parties'arbitration agreement.The parties hereto expressly submit and consent in advance to such jurisdiction and hereby waive any U) objection to such jurisdiction. If any of the provisions contained in this agreement are held illegal,invalid,or unenforceable,the enforceability of the a remaining provisions will not be impaired. 0- 1L �9 E U) Page 8 of 8 ALPHA Proposal No.49971.r1 Packet Pg. 52 B.5 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Approve reimbursement Resolution No. 2016-004 for FY 2015/2016 Capital Improvements Program (CIP) items not to exceed $2,115,000. Presenter: Kent Austin, Finance Director Summary: In September 2015 the City Council approved a reimbursement resolution for specific CIP items not to exceed $3.6 million. Since then City staff has proposed adding two other sets of projects to the list of CIP items to be bond funded. Approving a supplemental reimbursement resolution for this expanded list allows the awarding of contracts and expenditure of funds before receipt of the bond proceeds. General Description: To reimburse expenditures with the proceeds of future debt, a resolution must be approved authorizing such. The reimbursement resolution approved in September 2015 included the following projects and equipment: Project Number Amount Project Title WP1503 $2,600,000 NRH2O Slide Tower Replacement FS1601 240,000 Ambulance Replacement Unit 958 FS1602 375,000 Gradall Excavator Replacement Unit 633 FS1604 295,000 Street Sweeper Replacement Unit 6627 50,000 Estimated cost of issuance $3,560,000 Total Now staff proposes to expand the projects list covered by the reimbursement resolution with the following projects: Project Number Amount Project Title UT1601 $150,000 Franklin Court/Gifford water/sewer UT1603 420,000 Water/sewer main replacement UT1604 125,000 Sanitary sewer line replacement UT1605 420,000 Small water main replacement 1,000,000 Preventive street maintenance $2,115,000 Total This second proposed reimbursement resolution adds $2,115,000 to the list of projects eligible for reimbursement. The two lists together total $5,675,000. Packet Pg. 53 B.5 lqmk IM Rib "ArRok., NORTH KIC;HLAND HILLS As stated in September, the resolution itself does not authorize the issuance of certificates of obligation (CO); it only stipulates that any expenses made before the CO sale may be reimbursed with debt proceeds. Any interim funding required will be appropriated from existing reserves and will be repaid upon receipt of the CO proceeds. Consideration of the CO issuance is scheduled for the February 22, 20167 City Council meeting. Recommendation: Approver supplemental Reimbursement Resolution No. 2016-004 for FY 2015/2016 CIP items not to exceed $2,115,000. Packet Pg. 54 B.5.a RESOLUTION NO. 0 r_ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND U) HILLS, TEXAS: WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue debt cm for water sewer and streets projects (collectively, the "Project") and further intends to make Ln certain capital expenditures with respect to the Project and currently desires and expects to cm reimburse the capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations, the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be incurred by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount cm of obligations expected to be issued for the Project is $2,115,000. PASSED AND APPROVED this the day of 12016. CITY OF NORTH RICHLAND HILLS, TEXAS U, r_ 0 cm co t� Oscar Trevino, Mayor M ATTEST: 2 cm r_ Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: U) George Staples, Attorney APPROVED AS TO CONTENT: Kent Austin, Director of Finance Packet Pg. 55 B.5.a 0 0 r_ U) Ln CD I- 0 2 to CD r_ 0 0 U) U) r_ 0 Co C) a Mp CD r_ 0 0 U) 4) U) a� Packet Pg. 56 B.6 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Award Buy Board Contract #423-13 to Shade Structures, Inc. for shade structures at Adventure World Playground in the amount of $146,933.04. Presenter: Bill Thornton, Parks and Recreation Assistant Director Summary: This item is to award a Buy Board contract for the fabrication and installation of custom shade structures at Adventure World Playground. General Description: The approved 2015-2016 Parks & Recreation Capital Improvement Program provides funding in project PK1601, Adventure World Playground Shade, for the addition of shade structures over the play equipment at the newly renovated Adventure World Playground. This project supports specific recommendations in the Parks, Recreation and Open Space Master Plan to construct shade structures over children's play areas. The available budget for the Buy Board purchase of shade structures is $150,000. A contract, in the amount of $146,933.04 will be awarded for the engineering, manufacturing and installation of shade structures over individual playground equipment units at Adventure World Playground. The Local Government Purchasing Cooperative (Buy Board) has contracts in place for the purchase and installation of shade structures. The Local Government code states that purchases made through a cooperative purchasing agreement satisfies any state law that would require the City to solicit competitive bids. This offer from Shade Structures Inc. has been approved by the Buy Board. After Notice to Proceed, the contractor will have 60 calendar days to complete the project. Shade Structures, Inc. has performed well on previous City projects including several projects at NRH2O and shade over the bleachers at Cross Timbers Park. Recommendation: Award Buy Board Contract #423-13 Shade Structures for Adventure World Playground to Shade Structures, Inc. in the amount of$146,933.04. Packet Pg. 57 B.6.a CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT is made and entered by and between SHADE STRUCTURES, INC., DBA USA SHADE AND FABRIC STRUCTURES., (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City"), to be effective from and after the date hereinafter provided. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties hereto agree as follows: co L The parties agree that the contract documents shall consist of the following: co 1. This written construction agreement; 2. Performance Bond; 3: 3. Payment Bond; 4. Texas Buy Board Proposal 423-13 (quote JAM12042015AN) 5. Engineered plan set for permit 6. Insurance Certificate(s) cm These contract documents form the construction agreement and are a part of this co construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In 2 the event of an inconsistency in any of the provisions of the contract documents, the 0 inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. 2 THE WORKS U) r_ 0 0 II. Contractor shall provide all engineered plans, labor, supervision, materials and equipment necessary to perform all work per Buy Board Proposal 423-13 (quote JAM12042015AN), in connection with PK1601 Adventure World Playground Shade Project. 2 TIME OF COMMENCEMENT; COMPLETION co III. Contractor shall commence work within ten (10) calendar days after receiving from City a notice to proceed. Contractor agrees that all work hereunder shall be complete within co 60 calendar days from Notice to Proceed. E CONTRACT SUM IV. The City shall pay the Contractor in current funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, the amount of ONE HUNDRED FORTY SIX THOUSAND NINE HUNDRED THIRTY THREE DOLLARS AND FOUR CENTS ($146,933.04). Payment will be due upon completion of work. Packet Pg. 58 B.6.a CHOICE OF LAW; VENUE V. The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the prevailing party shall be entitled to reasonable attorney fees. co INSURANCE VI. The Contractor shall, at his own expense, maintain and keep in force insurance coverage co in the minimum amounts as specified in the general conditions and specifications of Buy I- Board Contract 423-13, with the City as an additional named insured providing primary 3: coverage. Certificates of coverage, including workers compensation insurance, must be 2 submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. cm All required insurance certificates must be submitted prior to commencement of work. co 0 ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT 2 r_ 0 VII. This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both U) City and Contractor. 0 EFFECTIVE DATE U) 2 VIII. This construction agreement shall be effective upon the date of execution by Contractor, provided the City executes the same within ten (10) working days after said execution by Contractor. co co Packet Pg. 59 B.6.a IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS SHADE STRUCTURES, INC. DBA USA SHADE AND FABRIC STRUCTURES co BY: BY: City Manager John Saunders co DATE: TITLE: President DATE: ATTEST: ATTEST: cm co TITLE: 0 Alicia Richardson, City Secretary 0 c� APPROVED AS TO FORM: 0 George Staples, Attorney for the City co co Packet Pg. 60 C.1 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: SUP 2015-10, Ordinance 3388, Public Hearing and consideration of a request from Big Red Dog Engineering for a Special Use Permit for a Detention Pond on the proposed Athlos Academies Charter School site located at 6601 Glenview Drive & 4131 Rufe Snow Drive. PUBLIC HEARING CONTINUED FROM THE JANUARY 11, 2016 CITY COUNCIL MEETING. Presenter: Clayton Comstock, Planning Manager Summary: Athlos Academies, represented by Big Red Dog Engineering, is requesting a Special Use Permit (SUP) for a detention pond associated with the development of a charter school. The school property is 12.83 acres in size and located at the northwest corner of Rufe Snow Drive and Glenview Drive. The property is the site of the former Food Lion grocery store. General Description: The applicant proposes to construct a public charter school on the property that would be operated by International Leadership of Texas, which has schools located in Garland, Arlington, and north Fort Worth. The 65,560-square foot school would serve kindergarten through eighth grades ("K-8"). Site development and construction would be performed by Athlos Academies, a charter school service provider based in Boise, Idaho. The applicant is requesting approval of a Special Use Permit to authorize the use of a detention pond on the site. Section 118-729 of the Zoning chapter and Section 102-124 of the Floods and Stormwater Management chapter of the Code of Ordinances establish the requirements and standards for the Special Use Permit. The use of all detention or retention ponds requires approval of a Special Use Permit. A replat is accompanying this SUP request on this agenda. It is required because the proposed building is located on two existing lots. Existing Drainage Conditions The 13-acre site is located near the downstream end of a 97-acre drainage area that is fully developed. The site represents approximately 13% of the entire watershed. Stormwater enters the site through an underground drainage system in Rufe Snow Drive from the northeast and from a storm drain system internal to the site from the Packet Pg. 61 C.1 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS northwest. These two drainage systems (northeast and northwest) discharge stormwater into a natural undeveloped area of the property near the middle of the site. Stormwater then exits the site through an existing headwall at Glenview Drive with a 72-inch pipe running down Jackie Lee Street and ultimately draining into Mackey Branch. The system in Jackie Lee Street does not have the capacity to accommodate the existing stormwater runoff leaving the site unless it is detained on the site. Currently, the natural undeveloped area functions as a detention pond. City codes allow for detention ponds to be considered if the proposed development is discharging stormwater into a developed downstream system that does not have the capacity to handle the runoff. That is the situation that exists today at this location. During the evaluation of the site and the existing conditions of the area, the applicant concluded that either a detention pond would be necessary to accommodate development of the site or a new parallel drainage system would need to be constructed to accommodate the existing runoff and the additional runoff caused by the new development. It is the opinion of staff that improving the downstream system in Jackie Lee Street is the preferred and more permanent solution to the regional drainage issues in this area. However, the applicant's desired construction timeline and limited public resources to improve the downstream system has led to this detention pond proposal. Proposed Drainage System & Detention Pond Design The athletic field on the site would also be used as a detention area. This detention area would drain from the athletic field into the proposed detention pond adjacent to Glenview Drive through an underground storm drain system. During heavy rain events, the system would slow down the rate that stormwater drains from the athletic field into the pond, which in turn allows for the slower release of stormwater into the downstream drainage system in Jackie Lee Drive. The proposed downstream detention pond would be located adjacent to Glenview Drive. The design is an earthen structure with an overall depth that ranges from 8 to 13 feet. The existing headwall and 72-inch pipe at Glenview Drive will remain in place. The sides are designed at a 4:1 slope, with a concrete pilot channel provided at the bottom of the slope. The design is comparable in nature to the detention pond constructed on the WinCo Foods site at Dick Lewis Drive and Thaxton Parkway. In the event that the Jackie Lee stormwater system is improved to City standards, the detention pond could be abandoned and the drainage from the site could be discharged in the new drainage system. Landscaping Zoning standards require that all detention ponds be landscaped. A site plan for the school project is currently under review by the Development Review Committee (DRC), and a landscape plan is included in the development plans. The general site landscaping provides much of the landscaping for the pond. However, due to the pond's Packet Pg. 62 C.1 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS visible location at the corner of the property, the landscaping is enhanced around the pond to soften its appearance from the adjacent streets. Trees to be planted around and in the pond area include big tooth maple, bald cypress, and desert willow. These trees would be placed on the side slopes of the pond rather than the bottom. Shrubs and smaller plants are concentrated at the corner of the pond at the intersection of Glenview Drive and Rufe Snow Drive, and are included in planting beds on the side slopes. There are additional planting beds proposed between the pond and the street. A copy of the landscape plan is attached. Fencing City codes do not require fencing around a detention pond. However, the DRC recommends fencing in the area around the headwall on the north side of the pond where stormwater enters the pond from the pipe system on the property. Since there is enough room at the top of the pond for a person to walk, adding a section of fencing at the headwall location would alert a pedestrian to an obstacle in the area and provide some means of protection from falling. The DRC recommends the installation of a 4-foot tall ornamental metal fence that extends 30 feet to either side of the center of the headwall. Maintenance The property owner is responsible for the maintenance of the pond and all associated landscaping. A formal maintenance agreement will be executed as part of the approval of the subdivision plat for the property. Generally, the agreement requires the owner to mow and maintain all grass and landscaping, remove trash and debris once a week, remove silt from the basin or outlet structures as necessary, and repair any decorative fencing. The agreement runs with the property and would apply to any future owner or user. Special Use Permit The zoning ordinance provides that special use permits may establish reasonable conditions of approval on the operation and location of the use to reduce its effect on adjacent or surrounding properties. The ordinance also includes specific criteria for detention and retention ponds, for which slight deviations are recommended due to the functional nature and location of the pond on the site. The following are the proposed conditions of approval for this SUP application. 1. Permitted use. A special use permit is authorized for a detention pond. 2. Engineering approval. Construction of the detention pond is subject to final approval of the engineering plans by the Development Review Committee and City Engineer. 3. Landscaping. The detention pond must be landscaped in accordance with the minimum standards of Chapter 114 of the Code of Ordinances (Vegetation) and the general landscape material quantities and locations presented on the Landscape Plan reviewed by the Planning & Zoning Packet Pg. 63 C.1 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS Commission and City Council. The landscape plan is subject to final approval by the Development Review Committee. 4. Fencing. A four-foot tall ornamental metal fence must be installed at the top of the pond in the area of the headwall. The fence must extend 30 feet to either side of the center of the headwall. 5. Detention pond criteria. The following design criteria shall apply to the detention pond: a. The pond outlet structure may be located within 50 feet of the property line. b. The detention basin side slopes may be 4H-1V or milder. c. The depth of the detention pond storage basin must not exceed 13 feet. NOTE: The criteria established in the ordinance for detention ponds indicates that the side slopes cannot be steeper than 4H-1V or deeper than 8 feet. Sections 5b. and 5c. above indicate that the proposed pond will not comply with the criteria. Engineering reviewed the proposed plan and did not see any negative consequences from an engineering perspective in the depth and side slopes proposed. The extra depth was necessary to meet the existing drainage system. 6. Maintenance agreement. The owner must execute a detention/retention storage facility maintenance agreement in conjunction with the approval of the subdivision plat for the property. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as Public/Semi-Public and Retail. The Public/Semi-Public designation, which applies to the former Food Lion site, is intended to permit non-profit activities of an educational, religious, governmental, or institutional nature. This designation is due to the City of North Richland Hills being the owner of the tract. The Retail designation, which applies to the remainder of the property, is intended to permit a variety of retail trade, personal and business services establishments, and offices. CURRENT ZONING: The property is currently zoned C-1 Commercial. This district is intended to provide for development of retail service, and office uses principally serving community and regional needs. The C-1 district should be located on the periphery of residential neighborhoods and be confined to intersections of major arterial streets. It is also appropriate for major retail corridors as shown on the comprehensive plan. Public schools—including charter schools—are permitted by right in any zoning district. SURROUNDING ZONING ( LAND USE: North: R-7-MF Multifamily I High Density Residential - Multifamily South: C-2 Commercial, R-3 Single-Family Residential, and R-4-D Duplex Medium Density Residential, Public/Semi-Public, Low Density Residential, and Neighborhood Service Packet Pg. 64 C.1 "ArRok., NORTH KIC;HLAND HILLS East: R-2 Single-Family Residential and C-2 Commercial I Low Density Residential and Retail West: R-7-MF Multifamily I High Density Residential - Multifamily PLAT STATUS: The northern portion of the property (former Food Lion site) is currently platted as Lot 1, Block 1, Northglenn Addition. The remainder of the property is unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission opened the public hearing on this item at their January 7, 2016 meeting and continued the public hearing and postponed action until the January 21, 2016 meeting. Staff will update City Council on the Commission's recommendation at their meeting on January 25. STAFF RECOMMENDATION: Staff is recommending denial of this request because of its relation to its associated replat case. Possible changes to easements and right-of- way on the proposed replat may impact the detention pond on the site. Recommendation: To deny SUP 2015-10. Packet Pg. 65 C.1.a Mike Dr d Ln h0 77" 777777= O,. 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U11 �, ,,1�I4 � ��1 Oil C.1.c `CHL,g d NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS .. :: PLANNING AND ZONING COMMISSION TExPS AND CITY COUNCIL Case Number: SUP 2015-10 Applicant: Big Red Dog Engineering Ln Location: 6601 Glenview Drive & 4131 Rufe Snow Drive cm You are receiving this notice because you are a property owner of record within 200 co feet of the property shown on the attached map. co Purpose of Public Hearing: A Public Hearing is being held to consider a request from Big Red Dog Engineering for a Special Use Permit for a Detention Pond on the proposed Athlos Academies Charter School site located at 6601 Glenview Drive & 4131 Rufe Snow Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JANUARY 7, 2016 CITY COUNCIL Ln 7:00 PM MONDAY, JANUARY 11, 2016 cm Both Meeting Locations: CITY COUNCIL CHAMBERS co 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 Packet Pg. 68 C.1.d WADE LINDA SPARGUR KENNY W WADE KAREN BROWNLEE 4020 G GAY ARDEN PARK DR SPARGUR HAZEL A NRH G 6420 DIAMOND LOCH N 4025 CHAPEL PARK DR NRH TX 76180-8456 NRH TX 76180-8708 NRH TX 76180-8749 STASZAK MICHAEL DIAMOND RIDGE APARTMENTS LLC AERE FUND 11 CASTLEWINDS LL( STASZAK E 265 ROCKY POINT RD 2000 N CENTRAL EXPWY STE 200 4021 CHAPEL PARK DR PALOS VERDES PENINSULA CA PLANO TX 75074-5474 NRH TX 76180-8749 90274 RUSSELL RICHARD W COLLEY DONALD J RUSSELL RICHARD W RUSSELL MARY L COLLEY SHERMANE 1805 BURTON HILL RD Attention: JOINT TRUSTEES U/D/T-3/13/92 4026 CHAPEL PARK DR FORT WORTH TX 76107-3214 1805 BURTON HILL RD NRH TX 76180 Ln FORT WORTH TX 76107-3214 CL JUDITH BROWNHALL FAMILY TRUST NEIRA JULIO C0 Attention: C/O LINDSAY FORD-REYES TXU GAS COMPANY NEIRA EUMEILIA PO BOX 650205 2419 COIT RD#D DALLAS TX 75265-0205 6634 GLENVIEW DR PLANO TX 75075 FORT WORTH TX 76180-8508 U) TERRY DAVID SUNNYS RUFE SNOW INC WORTH OIL CO#9723 6216 GLENGARRY CT 1827 ESTRADA PKWY#257 PO BOX 121292 NRH TX 76180-8731 IRVING TX 75061 ARLINGTON TX 76012-1292 0 CL MCCARTNEY WM J BARBETTI HANK 760 OT LAKE EDGE DR MCCARTNEY CARRIE BARBETTI ANNA DALLAS TX 75230-2367 1625 SUMNER ST APT 1 1340 GLEN COVE LINCOLN NE 68502-2654 SOUTHLAKE TX 76092-5847 2 NARVAEZ GUILLERMO CUNNINGHAM ROBERT HILLS ROBERT KENDALL Ln NARVAEZ MARIA CUNNINGHAM BETH 4132 RUFE SNOW DR 4120 RUFE SNOW DR 2403 HILLSIDE CT NRH TX 76180-8516 CL NRH TX 76180-8516 SOUTHLAKE TX 76092-5712 C0 CUNNINGHAM ROBERT PITTMAN JIMMY RAY EST VINES CORY CUNNINGHAM BETH 4135 CARMA DR 221 W LANCASTER AVE UNIT 601C 2403 HILLSIDE CT SOU THLAKE TX 76092-5712 FORT WORTH TX 76180-8527 FORT WORTH TX 76102 SOU FARMER WALTER COWAN MICHAEL E SANAVONGXAY KAI FARMER C CHRISTEN COWAN JESSICA SOUPHANKHAISY KHANTY 704 GILTIN CT 6708 MANOR DR 6700 MANOR DR ARLINGTON TX 76006-2032 FORT WORTH TX 76180-8524 NRH TX 76180 NGUYEN TRONG VAN NEW BEGINNINGS BAPTIST CHURCH NEIRA EUMELIA M NGUYEN TRUNG D PO BOX 53 6634 GLENVIEW DR 6701 MANOR DR HURST TX 76053-0053 FORT WORTH TX 76180-8508 NRH TX 76180-8523 Packet Pg. 69 C.1.d HONEA SUSAN C SHOCKLEY VERNA HUGHES KATHLEEN 3928 DIAMOND LOCH W 7216 OAKLAND LN HUGHES JOSEPH FORT WORTH TX 76180-8726 FORT WORTH TX 76180-8276 4033 RITA BETH LN FORT WORTH TX 76180-8711 INTRNL UNION OPER ENGERS 178 4025 RUFE SNOW DR FORT WORTH TX 76180-8845 Ln CL C0 U) 0 CL 0 4- 0 2 Ln CL C0 Packet Pg. 70 C.1.e ORDINANCE NO. 3388 SUP 2015-10 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A DETENTION POND ON THE PROPOSED ATHLOS ACADEMIES CHARTER SCHOOL SITE LOCATED AT 6601 GLENVIEW DRIVE AND 4131 RUFE SNOW DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such Ln hearing; and, cm WHEREAS, public hearings to zone the property herein described were held before co both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a co recommendation concerning the zone change; and, co co WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow for a Detention Pond on the proposed Athlos Academies Charter School site located at 6601 Glenview Drive and 4131 Rufe Snow Drive, more particularly described in the legal description attached hereto as Exhibit A and approving the site plan as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to Ordinance No. 3388 SUP 2015-10 Page 1 of 2 Packet Pg. 71 C.1.e exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 11th day of January, 2016. CITY OF NORTH RICHLAND HILLS By: Ln Oscar Trevino, Mayor cm ATTEST: co co co co Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: E George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Ordinance No. 3388 SUP 2015-10 Page 2 of 2 Packet Pg. 72 C7 °' JU o o c m � g m m � z EL '6d Ia�l:Md o v co m m co m E m z E ° m .co a m c 0 c E o c as > ' m a m m N "°6 � O X ~ J V J 0) 'p N UN 3 a o a m (1 m e-O co .c c ° ° O co � -E O .o m Cb Q) -> o `� m N o c3) � N o � cQ 3 m ° 3 O c -o E a ° O c m U ° c c o m c D o 3 0 m c o � N .� N c O .� - -O ° C > ° > � o o o ° o co m c `5 < o � ' o c CTS Co N NCO QZ U -° N � N 0 U (n O Q) c Q) co O c O 1: U N ( O ( J_ � (V 5 U .9 E N Cl) co CO x C) m O m c\ co E v N O O a > ° co 2 C) 0 N O N O CC) 0 C14 _ ° T O V U Y Co U O J co co f i L co O U O N u7 U T I� O N U N co O ° "6 a 0 N C0 2 N co O CA N U =U U 3 Li E � ° 3 ° rn o m N �C T V 7 N 2 C6 O O Co O p 7 COfJ 3 0)> N J O L L co V 47 _ _° C6 CO U Y .9 c (V COp O Q Co o a- .9 c) � o � o m 0 3 W m mZu CD 70° m .2) cv m 3 � � 8 � Q "6 � J =p O J N N (n Cp "� E W J Q N °U O N ° C6 '�T' N "6 co Co OU Co Z O T W 3C (D D ` a°i o c O O "° m m c U O m O m - o c m 3 - �n �p� C7 ® 7 CA C3)> Q 0 U `p N � O �, ° UO c E O E � �� E .E co CO m co c rn > ' co co � m � > 3co > ° °' 3 � O ® Cl) "6 U O c O O O O N .> i co � L 3 co o2 o (n0co -° 3 °) °',°, O T o c Q) m o � z � � m o �.o m .° °— C o = U L N U co O JJ o E U U 2)"2 O Q - O N E N m CD c v ' o CU o v E o 0 o 0 E ° � ° co c m c m m co CD E � m CU m O o - m E � � m co Z QUO m cp� � c � m co O co O 4L o m O .E ' U O cn O o o c cn ° o O N O �N � �co U U U N m Of N CA C U U N N � N N N Co N O m co co co Q o Co co co o Q) E W co � � cn WZ Z � Wo W W � Cp c -2 co O co c O N Lo : O O "pU6� "pU6� "pU6� "pU6� "0 co U U i � N p � OUOUm 8 U U U � O Z- � c N c -O N � O .� COn =5 (n (n (n C i (n °�' N -0 CU 0 v o °' J Vic° m v o � c N cr z _ N O c c c U -° U c u) u) u) - Co U cn Q -O N > Co - N 0 0 0 m .L m m m � m N E m -0 c m m `m c ° c c c > � c m � O O U u7 U "O C,) LU U m � � � � coo � Q � o? 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To ensure the safety and reliability of our system, Atmos Energy does not allow construction activities within twenty five feet of our line without our prior review and approval. We also do not allow certain objects to be installed within our easement. Given that the public hearing is this evening, we are requesting that this topic be tabled, or at the very least,Atmos Energy's concerns be voiced at the hearing so all parties are put on notice. Once we have completed a detailed review vvewill be able to provide more concrete feedback If like� further detail, please do not hesitate to contact our local Manager of Public Affairs, Marilyn Ackmann, or ~� Ln myself asneeded. C14 CL We look forward to hearing from you and appreciate your assistance in this matter. ~3 .. Sincerely, co Michael Mangum, P.E. 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II I I I II II II V I I I I � I I I I I II I I I I I I I I I I II II II I I I I I I I I I I I I I I I I I I II X I I I I I r 1 1 1 1 1 1 z I I I I O I I � V I I I V I I I I I II II II I I II II I I I I I I I I I I I I I I � r I I I I I� I I' I� O LU LU LU r x O O r Q z C.2 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: RP 2015-12 Public hearing and consideration of a request from The Charter School Fund, LLC for a Replat of Lot 1 R, Block 1, Northglenn Addition on 12.847 acres located at 6601 Glenview Drive and 4131 Rufe Snow Drive and consideration of an appeal to the City's Rough Proportionality Determination. Presenter: Clayton Comstock, Planning Manager Summary: The Charter School Fund, LLC is requesting approval of a Replat of Lot 1R, Block 1, Northglenn Addition; being 12.847 acres at the northwest corner of Rufe Snow Drive & Glenview Drive. The plat is for the development of a K-8 charter school operated by Athlos Academies. The applicant is also requesting approval of an appeal to the City Engineer's rough proportionality determination. General Description: This proposed replat will address the following: ■ Combine separate tracts and lots into one single lot of 12.847 acres. • Add several easements for the construction of new water, sanitary sewer, and drainage infrastructure on the site. • Abandon existing drainage easements for the purpose of relocation. The modifications to the plat are intended to facilitate the orderly development of the property. The required construction of drainage facilities also requires the execution of a detention pond maintenance agreement. The agreement requires the owner to mow and maintain the property, remove debris in the detention area, and address any siltation or erosion that may occur. This agreement will accompany the plat to City Council. ACCOMPANYING SUP FOR DETENTION: A Special Use Permit for a detention pond is being considered with the plat. See staff's report for SUP 2015-10. The areas encumbered by these drainage facilities are designated as drainage easements on the proposed plat; however the Atmos pipeline easement and possible right-of-way dedication requirement outlined in more detail below may affect the drainage and thus the drainage easements. UTILITY EASEMENT: A 10-foot general Utility Easement is proposed to be abandoned on the north property line; however proposed construction plans do not call for the Packet Pg. 79 C.2 "ArRok., NORTH KIC;HLAND HILLS removal of the aerial utility lines present within the easement. The applicant has also cited the aerial utilities as a reason to avoid large canopy trees from being planted in the required 15-foot landscape setback. Clarification from the franchise utilities located within that easement is necessary before abandonment can be considered. ATMOS PIPELINE EASEMENT: A 30-foot "Enserch Corporation Easement" exists on the west property line and along the southwest corner of the property. Atmos Energy has confirmed that they own and operate an 8-inch high-pressure natural gas line within this easement that connects to the value/transfer station at the southwest corner of Glenview Drive & Jackie Lee Lane. Atmos has stated that no construction activity may occur within or close to their easement without their review and approval. At this time, however, the proposed site plan and plat for the charter school currently plans landscaping, drainage and driveway improvements over this easement area. An email from Atmos Energy Senior Engineer Michael Mangum, P.E. is attached. Relocation of this line may require further adjustment to the plat's dedicated easements. THOROUGHFARE PLAN: The property has frontage on Glennview Drive and Rufe Snow Drive. Each street is classified as a M4U 4-lane undivided Minor Arterial with a minimum 70-foot right-of-way. As described by the rough proportionality determination below, the traffic impact of a K-8 charter school on the existing roadway network is significant and requires—according to the City and the City's traffic consultant— improvements to Glenview Drive and Rufe Snow Drive that also requires additional right-of-way dedication that is not currently shown on the plat. ROUGH PROPORTIONALITY DETERMINATION: After considerable review of the Traffic Impact Analysis, the following rough proportionality determination was provided to the applicant on January 12, 2016. The public improvements indicated on the public infrastructure plans for the Subdivision include water, sanitary sewer, paving and drainage improvements needed to support the development of the lot as a charter school. All such improvements are required and therefore the developer is 100% responsible for the improvements included on the plans including ROW dedication as needed to construct said improvements. In addition to the onsite public infrastructure, the Traffic Impact Analysis for the site performed by Lee Engineering and submitted to the City on December 1, 2015 and subsequently updated on December 22, 2015, indicates that the traffic generated by the proposed school will be of such magnitude that its impacts must be mitigated by the following: Developer is responsible for the installation of a traffic signal at the intersection of Glenview Drive and Chapel Park Drive, where the school's proposed driveway will be located. This signalized intersection must be designed and constructed to city design standards and to efficiently allow inbound and outbound left turns for the school, and Packet Pg. 80 C.2 "ArRok., NORTH KIC;HLAND HILLS must be designed with all appropriate equipment to coordinate movements with the city signal network. The developer will be required to assume 100% of the amount required for such improvements. Developer is responsible for the widening of Rufe Snow Drive north and south of Glenview Drive as identified in the traffic study as "Option 2" to accommodate two through lanes in both the north and southbound directions, in addition to dedicated left turn lanes at the intersection. The widening will require the acquisition of ROW to accommodate the additional pavement as well as any necessary signal equipment modifications to serve this new, wider roadway section. The Developer will need to submit their construction plans to the city for approval before the total proportionate share for these improvements can be determined. The total proportionate share will include but not be limited to 100% of the right-of-way acquisition, 100% of the signal light modifications, 100% of the pavement striping, 100% of the additional pavement necessary to add the additional capacity. All other costs associated with the Developer's total proportionate share can be determined when the developer has submitted construction plans. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. APPEAL RECEIVED: On Friday, January 15, 2016, the City received an appeal to the City Engineer's Rough Proportionality Determination. The letter is attached. The traffic consultant will be available at the meeting to answer any questions you have with regard to the traffic recommendations that the developer is appealing. COMPREHENSIVE PLAN: The Comprehensive Plan classifies the 4-acre former Food Lion area as "Public/Semi-Public." After the City acquired the property, it was thought that the building may be used as a satellite facility for city operations and services. The remaining area is designated as "Retail." This designation is intended to permit a variety of retail trade, personal and business services establishments, and offices. CURRENT ZONING: The property is currently zoned C-1 Commercial. The C-1 Commercial zoning district allows public schools—including charter schools—by right. SURROUNDING ZONING / LAND USE: North: R7-MF Multi-Family Residential High Density Residential West: R7-MF Multi-Family Residential High Density Residential South: R-3 Single-Family Residential, R-4-D Duplex Residential & C-2 Commercial Multi-Family Residential I Low Density Residential, Medium Density Residential, Public/Semi-Public & Neighborhood Services Packet Pg. 81 C.2 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS East: R-2 Single-Family Residential & C-2 Commercial I Low Density Residential & Retail PLAT STATUS: A 4-acre portion of the property is currently platted as Lot 1, Block 1, Northglenn Addition. The remaining 8.4 acres of the site is unplatted and described as Tracts 2B4, 2B4A and 2C, John M VanDusen Survey, Abstract No. 1588. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission is scheduled to consider this item at their January 21, 2016 meeting. Staff will provide City Council with a report on the Commission's recommendation at their meeting on January 25. STAFF RECOMMENDATION: Significant questions remain of the applicant on their engineering plans and adjacent roadway network improvements to mitigate their traffic impact. Answers to these questions may further impact easements and rights-of-way. As such, the plat application is determined to be administratively incomplete and does not meet all the requirements of the Subdivision Ordinance. Staff therefore recommends denial of RP 2015-12. Recommendation: To deny RP 2015-12. Packet Pg. 82 MODSIlf-IN 69"vOg M „�O,L 1.00 S l XUHddV1 885[-V JAWIS N3sn( ,96 TZ9 M ,,v 0, 1.00 S Nouvo a3ad el�o e)HJIa s ,, , i (1Vld SIHl ).8) N0V813S JNIOl1fl8 ,SZl-,"" — Fl'A W z U, J J � W J W W J W U U � W U U � ro Z ~ W Y L ~ LLJ 0 p Q Q p O Q W U W N ,... I U � o WD ` a I � J ol� cn CU U i O Q U O tz ,. > I O > LJ U W' n D U > z 0 w w z z D 1%^ — — ) J J 3N11 0330 �'' °w cl w w o 0 o m, < 7;;7 ° 7'/ / w .. / 7" i / / /7/ 77/- / / / / / 0// F I r ..... t.", E"I 16 O f A Y ' 41 I ll 141 fi'7 t, � V mow�// w �� C5 m I,Q FBI i x "i 11. i I I wl Cy z w a °o fr rtl to I P•I a s c O u l�f :� ��^a I w o o 04 x� ra" qty � r rn ai eii iy ' r"'i ao F- z z C,4 D G1 v ;M z J Ln N r z. �.., 4 O .. 4ry4 f J^� / <'Y I11 I...., ...., ...., .. ...., Y ����� i "✓ 1 .... .... .... ........ '9 L'9'29 M „b0,L1.00 S (1Vld SIHl ).8) / 1N3W3SV3 30VNIVbO 28 Aiiiiin ,oz f ,80'ObS M „bO,L 1.00 S J CD ' CY) t t.� q C.2.b ATHLOS 1%//'````��li�� ACADEMIES January 15, 2016 City of North Richland Hills Attn: Alicia Richardson, TRMC Clayton Husband, Principal Planner (Sent via Email) RE: Notice of Appeal: Rough Proportionality Memo dated January 12, 2016 Ln RP 2015-12 oo cm Northglenn Addition; Block 1 Lot 1R co City of North Richland Hills: This Notice of Appeal is in response to the Rough Proportionality Memo ("Memo') for the above reference property.. Attached is a copy of the Memo for your reference. Athlos Academies is the applicant/developer ("Developer"). S E The plan for the site is to construct a charter school. The Memo concludes that, based on the use, certain improvements are required the Developer is responsible for 100% of the improvement costs. These improvements include the following: e - Design and installation of a traffic signal at the intersection of Glenview Drive and Chappel e Park Drive; 0- ao - Widening of the road at Rufe Snow Drive north and south of Glenview Drive. e Our initial estimates indicate that these improvements will cost in excess of$1,500,000.00. 0 We respectfully appeal this decision for the following reasons: 1)based on the traffic study, these improvements are not necessary to mitigate the impact of the charter school; 2)holding the Developer cm 100%responsible for the costs of the proposed improvements is not roughly proportional to the impact of the charter school, and 3) the exaction requirement imposed on the proposed plat as a condition of T- approval results in a disproportionate cost burden on the Development, taking into consideration the cm nature and extent of the demands created by the proposed development of a charter school. We appeal this decision and respectfully request you reconsider both the proposed mitigation and the allocation of costs for any proposed mitigation. Sincerely, Michael Hall Chief Operating Officer 888.682.8162 418 S. 9th Street, Suite 201 Boise, ID 83702-7154 a www.athlosacad Packet Pg. 84 Clayton Comstock From: Mangum, Michael <K4ichael.Mangum @atmosene»gy.com' Sent: Thursday,January 07' 20l64:l3PK4 To: Caroline Waggoner Cc: Clayton Husband;Justin Naylor; Hofmann' Nick;Ackmann' Marilyn E; Robinson' L1; Patterson, Mark A( Rothbauer, Marc E; Clark, Tommy A Subject: RE: Big Red Dog Engineering Public Hearing 660l Glenview Drive &4l3lRufeSnow Drive Ms. Waggoner, Thank you for providing the Big Red Dog Engineering plans for the Rufe Snow Charter School and detention pond near the intersection of 6601 Glenview Drive and 4131 Rufe Snow Drive. As you know,Atmos Energy owns and operates a �z � high-pressure natural gas line within this proposed development. Given the short notice, vve were only able todoa Ln quick, high level revievvof the engineering plans, but vve believe there isa high potential for conflict. To ensure the �� safety and reliability of our system, Atmos Energy does not allow construction activities within twenty five feet ofour C14 CL 0� line without our prior review and approval. VVe also do not allow certain objects to be installed within our easement. ., Given that the public hearing is this evening, we are requesting that this topic be tabled, or at the very least, Atmos co Energy's concerns be voiced at the hearing soall parties are put on notice. Once we have completed a detailed review co we will be able to provide more concrete feedback. |f you would like to discuss this in further detail, please donot hesitate to contact our local Manager of Public Affairs, Marilyn Ackmann, or myself as needed. E W We look forward to hearing from you and appreciate your assistance in this matter. � Sincerely, Michael Mangum, P.E. cm Sr Engineer ~�Ln Atmos Energy Corporation O' 214-206-2744 rw � CL � M: 214-909-8673 From: Caroline Waggoner [ Sent:Wednesday,January U6, ZU163:4SPM To: Mangum, Michael < Cc: Clayton Husband;Justin Naylor Subject: RE: Big Red Dog Engineering Public Hearing 66U1 Glenview Drive &4131Rufe Snow Drive CAUTION'TH|S IS AN EXTERNAL EMAIL. Do not open attachments orclick links from unknown sources orunexpected email. Michael: I'm attaching some of the civil plan sheets that show the location of the proposed detention pond, along with the proposed grading. Unfortunately the existing contours do not appear tobe visible. Do you have anything showing exactly where your easement and pipeline are? I will look to see if we have anything that would better illustrate the grading in the area and send it your way. Packet Pg. 85 z C.2.c Thanks, Caroline Caroline Waggoner, P.E., CFM City Engineer City of North Richland Hills ® Public Works 817.427.6406 817.427.6404 (fax) From: Mangum, Michael [mailto:Michael.Manum @atmosenery.com] Sent:Wednesday,January 06, 2016 2:18 PM cm To: Caroline Waggoner Ln Subject: Big Red Dog Engineering Public Hearing-6601 Glenview Drive &4131 Rufe Snow Drive CL Hello Caroline, CO CO I left you a voicemail regarding a public hearing notice Atmos received yesterday. I wasn't certain if I left you my phone number in the message to get back in touch with me. a If you could please call me at 214-909-8673 at your earliest convenience, I would really appreciate it. LU Sincerely, U) Michael Mangum, P.E. Sr Engineer Atmos Energy Corporation cm O: 214-206-2744 Ln M: 214-909-8673 cm CL 2 Packet Pg. 86 C.2A i D O C Cl) Ln Cm CO CO Glenview Dr S Ln N FP 2009- 09 22 Lots, Thornbridge East, Ph. IV 8900 Block Glendara Drive I�IRH Feet Prepared by Planning 4/18/10 0 65130 260 Packet Pg. 87 E.1 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Consider Resolution No. 2016-005, to award a construction contract to Reliable Paving, Inc. by Tarrant County for the Capital Improvement Program (CIP) Project identified as "Lynda Court" (CDBG16) in the Capital Projects Budget and to pledge City funds to augment the CDBG grant. Presenter: Caroline Waggoner, City Engineer Summary: The City Council is being asked to consider Resolution 2016-005, to award a construction contract to Reliable Paving, Inc. by Tarrant County for the CIP Project identified as "Lynda Court" (CDBG16) in the Capital Projects Budget and to pledge City funds to augment the CDBG grant. General Description: The Lynda Court Street Reconstruction (the "Project") consists of the City's 41St Year Community Development Block Grant (CDBG) Project. Although the City of North Richland Hills is an entitlement city and therefore receives CDBG funds directly, the city has contracted with Tarrant County's CDBG Department to administer the city's CDBG funds. Essentially, the city determines the projects and the county administers the projects. However, the city reviews all bids and consultant contracts and makes recommendations to the county for approval. Tarrant County therefore awards both the design consultant and construction contracts. Tarrant County's administration of the city's CDBG Projects does not include construction inspection; the city will provide these services. The entire project consists of reconstructing Lynda Court from an asphalt street section to a concrete street section, as well as replacing the existing water and sanitary sewer mains located beneath the pavement. The project includes a base bid which consists of the street and utility construction. Tarrant County staff reviewed and approved the project's contract documents prior to bidding and scheduled a Bid Opening for December 16, 2015. Bids were received by Tarrant County at their offices on this date. A total of three (3) contractors submitted bids; these bids are summarized in the table below: Packet Pg. 88 E.1 "ArRok., NORTH KIC;HLAND HILLS Name of Contractor TOTAL BID Reliable Paving, Inc. $223,539.00 McClendon Construction $239,561.00 XIT Paving &Const. $241,063.50 Tarrant County is requesting the city to recommend an award of the bid for this project. Both the city and county have had prior experience with the low bidder on projects of similar scope and size and both believe Reliable Paving to be a reliable contractor. When the project was established, it was believed that the CDBG grant amount would fund the total project. However, due to rising construction prices the bids came in over project estimates. Staff is proposing to utilize City funds available in the current Jennings Drive / Dude Court project to make up the difference between the project's bid amount and the available grant funds. With the project budget comprised of both CDBG and City funds for this project, North Richland Hills will need to pledge to pay the difference between the available CDBG funds and the project total. Note that the pledge amount to Tarrant County is for the difference between the available grant funds and the total bid amount with an additional 3% contingency at the County's request. Bid Amount: $223,539.00 3% Contingency $ 6,706.17 Total Project $230,245.17 Tarrant County: $199,019.60 North Richland Hills: $ 31,225.57 Total: $230,245.17 Construction is anticipated to begin in early March and take 90 calendar days to complete. Recommendation: Approve Resolution No. 2015-005 recommending the award of bid for the 41st Year Community Development Block Grant Project: Lynda Court Street Reconstruction and approve the associated budget transfer. Packet Pg. 89 E.1 "ArRok., NORTH KIC;HLAND HILLS RESOLUTION NO. 2016-005 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID ON THE 41ST ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGAM PROJECT FOR LYNDA COURT STREET IMPROVEMENT WITHIN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, By Resolution 2015-006 passed March 2, 2015, the City Council approved the Lynda Court Street Improvement Project as a part of the 41St Year Community Development Block Grant Project; and, WHEREAS, The Lynda Court Street Improvement Project was bid by Tarrant County as a Community Development Block Grant Project on December 16, 2015; and, WHEREAS, The City of North Richland Hills has allocated an additional $31,225.57 in funds to compliment the City's CDBG funding allocation for the construction of the Lynda Court Street Improvement Project; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to Reliable Paving, Inc; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. THAT the City of North Richland Hills hereby recommends for Tarrant County to award the contract for the Lynda Court Street Improvement (CDBG) Project to Reliable Paving, Inc. in the amount of $ 2237539.00. PASSED AND APPROVED this the 25th day of January, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Packet Pg. 90 E.1 lqmk 1w Rib "ArRok., NORTH KIC;HLAND HILLS APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: (Dept Head Name & Title) Packet Pg. 91 E.1.a RED-RI VER RUN Om O � \R, X00 ROB\NG \RED ° Lynda Ct ° w Y (CDBG) LU Cn U w ID LN MOGKINGBR gI-1 v U- U TE R-D U m M o ° o IRISH DR o U) GCE z L-IMERICK-LN w ------ �STPAFRICK-ST Y U M X M � D z DON EGA L-L-N O'BRIAN WAY z M EMERALD-HILL--S j M �y W r_ m O W Z z (j r Cn (�R1 MARY DR Z z r� Fn EMERD D Z (n i �_SHANNOWL-N -T-D R z N FEMERAI-D-G FR z o O o LYNDA-L-N— W E p < L-YNDA-L-N n o n S i cm O i A j NO z SAN R T H � m O � o JACI NTO Q GT M o RICHLAND � U Lynda Ct (CDBG) ACT HILLS ca HARWO HARWOOD-RD 0 C3 c� W Project Locator Map GL-ARK--ST O ®7 U) r �O W NII sH GIBBONS CT JO�F FOR F� O �BUR9EN RU WY� U W - - STARNES RD 4 0 0 �. fP > S-ANDLEI�S- � cBARmAN oR co AII n D J J � ', mio-ciT�sew yy, MARL E—WOOD-AV-E NE o� � NU P? "E IE D�BIRCHWOOD-DR �P�� n � �P 00 U-1 QoJ��G m O D D Scale: 1 = 600 308MOAY 15 Standard Maps\CIP S_LyndaCt_CDBG.mxd Information Services Department-GIS Packet Pg. 92 E.1.b Street & Sidewalk Capital Projects Lynda Court CDBG16 PROJECT DESCRIPTION&JUSTIFICATION This is the 41st Year Community Development Block Grant(CDBG) project. The existing street is an asphalt pavement section and it will be reconstructed as a 31 foot wide concrete pavement section. Reconstruction of the street will also include pavement excavation, curb and gutter replacement, sub-grade stabilization, installation of sidewalks, street right-of-way restoration and utility improvements. O U) r_ O C) PROJECT STATUS ORIGINAL 2014115 ORIGINAL 2014115 START DATE REVISION END DATE REVISION Professional Services O Engineering 10/2015 09/2016 Land/ROW Acquisition Construction 10/2015 09/2016 Other REVISION EXPLANATION The total cost of this project came in over the projected budgeted amount. The City needs to transfer$35,000.00 from ST1404 to cover the City's portion and the required pledge amount requested from Tarrant County. O LL r_ O 2 FINANCIAL DATA > ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGET THRU REMAINING PROJECT 2014/15 REVISION 2014/15 BALANCE COST 5 FUNDING SOURCES Grants CDBG $226,821 $0; $226,821 $226,821 0 O G.O. 0 35,000+ 35,000 $35,000 0 0 $0 0 $0 0 $0 Total $226,821 1 $35,0001 $261,821 1 $0 $261 821 PROJECT EXPENDITURES Professional Services $0 $0 C3 Engineering/Design 32,700 32,700 $32,700 Land/ROW Acquistion 0 $0 Construction 194,121 35,000 229,121 $229,121 Other 0 $0 Total $226,821 1 $35,0001 1 $0 $261,821 IMPACT ON OPERATING BUDGET No operating impact is anticipated. ANNUAL OPERATING IMPACT 1 2014/15 2015/16 2016/17 1 2017/2018 1 2018/2019 1 TOTAL Projected 01 01 01 01 0 $0 Packet Pg. 93 Street & Sidewalk Capital Projects Jennings Drive/ Dude Court Street Reconstruction ST1404 PROJECT DESCRIPTION&JUSTIFICATION This project will consist of reconstructing Jennings Drive from Jerrie Jo Drive to Boulevard 26. Since Dude Court is a very small cul-de-sac located just off of Jennings this project will also include reconstructing Dude Court.The approximate length of Jennings Drive is 1,500 LF with Dude Court adding about 200 LF. Both streets are the original asphalt streets constructed with the subdivision. This project will reconstruct both streets as new concrete streets. O U) r_ O C) C) PROJECT STATUS ORIGINAL 2014/15 ORIGINAL 2014/15 START DATE REVISION END DATE REVISION :3 O C3 Professional Services Engineering 01/2013 07/2013 Land/ROW Acquisition Construction 08/2014 09/2015 cm Other REVISION EXPLANATION O 2 The project came in under budget and we would like to transfer$35,000.00 to the CDBG16 Lynda Court project in order to fulfill a pledge request from Tarrant County. FINANCIAL DATA ca ADOPTED REVISED TOTAL _CL BUDGET THRU PROJECT BUDGET THRIJ REMAINING PROJECT 5 2014/15 REVISION 2014/15 BALANCE COST FUNDING SOURCES G.O. $610,000 ($35,000) $575,000 $575,000 0 $0 E 0 $0 0 $0 0 $0 Total $610,000 ($35,000)1 $575,000 $0 $575,000 PROJECT EXPENDITURES Professional Services $0 $0 0 Engineering/Design 173,000 173,000 $173,000 0 Land/ROW Acquistion 0 $0 Construction 437,000 (35,000) 402,000 $402,000 E Other 0 $0 Total $610,000 ($35,000)1 $575,000 $0 $575,000 IMPACT ON OPERATING BUDGET No operating impact is anticipated. ANNUAL OPERATING IMPACT 1 2014/15 2015/16 2016/17 1 2017/2018 1 2018/2019 1 TOTAL Projected 01 01 01 01 0 $0 Packet Pg. 94 E.2 "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 Subject: Consider award of Project RFB No. 16-009 to Tejas Commercial Construction for the construction of Susan Lee water line replacement project (UT1505) in the amount of$704,145.25. Presenter: Caroline Waggoner, City Engineer Summary: The City Council is being asked to award a construction contract for the CIP Project identified as "Susan Lee Water Line Replacement (Lola Dr. to N. Richland Blvd.)" in the Capital Projects Budget. General Description: On January 12, 2016, a Bid Opening was conducted for the Susan Lee Water Line Replacement Project (Lola Dr. to N. Richland Blvd.). The project consists of replacing approximately 3,600 linear feet of 8" and 12" cast iron water line with a 12" pvc water line due to age and condition. The work will be done by open cut method largely in the east parkway of Susan Lee Lane. Sidewalks and driveways will be restored as part of the project. Notice of the City's intent to bid was advertised in local newspapers, as required by State statute, and posted on the City's Website. Bid specifications were viewed on the City's Website by multiple entities. The project received seven bids, which were opened during the January 12th Bid Opening. The bids are provided below: CONTRACTOR NAME TOTAL BID Tejas Commercial Construction $ 704,145.25 Canary Construction $ 752,825.00 Atkins Brothers Equipment Co. $ 784,236.25 Excel 4 Construction, LLC $ 854,401.00 Saber Development Corp. $ 875,357.30 Reyes Group Ltd. $ 951,125.00 Ace Pipe Cleaning, Inc. $ 1,105,836.83 Packet Pg. 95 E.2 "ArRok., NORTH KIC;HLAND HILLS The design engineer recommends awarding the contract to the lowest bidder: Tejas Commercial Construction, who has successfully completed projects of similar scale for the City of Fort Worth. Construction is anticipated to begin by early spring, and will take approximately four months to complete. There is sufficient construction funding for this project in the 2015- 2016 Capital Projects Budget. Recommendation: Award Bid No. 16-009 to Tejas Commercial Construction in the amount of $704,145.25 for construction of the Susan Lee Water Line Replacement Project and authorize the City Manager to execute such agreement. Packet Pg. 96 E.2.a A�bFiD WEESL-E-1'-E_ Water Line 1pR uJ k��y pF` �O �v l' SPU RGE ON-C-T Z MAP-�=E"D Q-O� Replacement /^ N on Susan Lee Ln WH-ff-FIEL-D-ET �N COLLEGE-II NORTH-RICH LAN D-BL-VD (Lola Dr to North Richland �OV\OP\ K *% CR) WOOD -�i M. a 1 t, OgT'N c, Blvd) �FFE-L-f0.S-TONE-D� AYI\DG � � d °UNGgN CT JO O U ✓6 CR""OD 0 0 p CTS b �J OR w A E PoNIDA�+pR K O'"\� OO D N-AC-KHAWK CT ➢— � NI00 A Sj Z � TE.AN-ANN-D O'�� eI z ER HUMMINGBIRUQCT Q j 2� IREDHANIK C-T A- N a �P O\RG HIPPOORW���T FALCON ZT- f NgICA-wA C.IRG4---E-D ° IMARY-DR ARY-0ft z � v ¢ m 5G° N Water Line Replacement NOR'EA-vT-0R on Susan Lee Ln �o��5� �P��oQ A MIKE-CT W VD � O N'N DA-LN w L U) (Lola Dr to 4�. QTE :RY eT \�� � S North Richland Blvd) rU N-C-T 04 co LO LA DR NORTH n CHRISTOPHER O O I C RICHLAND SY BfL-0 R GREEN-M`EABOW-©R -6T- HILLS � JADE-GIR PAL-OMAR-DR w z xl JANET-T-A-DR Ta fzO c GIB Project Locator Map Z z F SOHiU,--ER-DR b z 6 o m Z � M o w m m > m p � a. xl A GENTLING � rj y A 4) PLACE CT z J W O m NO THT�IR�N H MAPLEWOOD-AVfy -c p Q C2 11 BuRSe`vRD mod` U 0 p U y zY STARNES RD D 0 M—BIROH z �'l eLEN-rS L cHAam DR all TIP z N mlo-aT�sew o— -KAREN-DR SH -ftT-S-T N� IU NE LO p ply& F—MARIL-YIN-LIN b F 0 g2p 4 ia�� IIIIIIIIII�� o` OAKL-AND-LN ~ z I p. of � 0 W INN EL-L--WAY Scale: 1 = 800' 16 MAY 14 Standard Maps\CIP U_SusanLee-Lola_to_N oRichland Blvd.mx d Information Services Department-GIS 124 1 Packet Pg. 97 H.1 lqmk 1W Rib "ArRok., NORTH KIC;HLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: January 25, 2016 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 - The next Citizens Police Academy will be held on Thursday evenings from February 4th through April 28th. There is no cost to participate, but space is limited and advanced registration is required. For more information, visit the city's website or call the Police Department at 817-427-7000. Keep NRH Beautiful and the Common Ground Community Garden are hosting a class on backyard composting at 9 a.m. on February 6t" in the Community Room at the Library. The class is free and participants may enter to win a compost bin. Tickets are on sale now for the annual Daddy Daughter Valentines Dance which will be held on Saturday, February 6th in the Grand Hall at the NRH Centre. The tickets are $15 per person. They may be purchased at the NRH Centre Guest Services Desk. Kudos Korner - Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Peggy Lewis at the Library —A citizen posted comments online about the children's story time at the Library. She stated, "Ms. Peggy, is hands-down the best picture book reader in all of America. She does voices, sound effects, and truly loves reading to children and getting them excited about books." The citizen said story time with Peggy is so enjoyable that she and her three children never want to miss it. Recommendation: N/A Packet Pg. 98