HomeMy WebLinkAboutCC 2018-07-23 Agendas M RH
NORTH RICHLAND HILLS
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
4301 CITY POINT DRIVE
NORTH RICHLAND HILLS, TX 76180
MONDAY, JULY 23, 2018
WORK SESSION: 4:30 PM
Held in the City Council Work Room
CALL TO ORDER
1. Discuss items from regular Council meeting.
2. Welcome and Intrroduction - public official, public employee or citizen
3. Discuss the Traffic Calming Policy.
4. Fiscal Year 2018/19 Budget Work Session.
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.
Monday, July 23, 2018 City Council Agenda
Page 1 of 4
1. Section 551.071: Consultation with City Attorney
(1) Cause No. 96-293353-17 Connie Hardin v. Kwik Tek, Inc., and City
of NRH dba NRH20 Family Water Park, in the 96th JDC Tarrant
County; (2) Cause No. 4:18-CV-00081-0 Marrico Spears v. City of
North Richland Hills, Texas; City of Fort Worth, Texas; Officer A.J.
Dominguez; Officer Cy Crum; Officer Garrett Hull, in the United States
District Court for the Northern District of Texas, Fort Worth Division; (3)
Pending or potential litigation with Chesapeake Energy Corp., and Total
E&P USA., Inc; (4) Legal issues related to North Richland Hills Code of
Ordinances Chapter 18, Article VII, Solicitors and Handbills
2. Section 551.072: Deliberate the purchase, exchange, lease or value of
real property- 4705 Cummings Drive
REGULAR MEETING: Immediately following executive session (but no
earlier than 7:00 p.m.)
Held in the City Hall Council Chambers
A. CALL TO ORDER
A.1 INVOCATION - COUNCIL MEMBER TURNAGE
A.2 PLEDGE - COUNCIL MEMBER TURNAGE
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
C. PUBLIC HEARINGS
Monday, July 23, 2018 City Council Agenda
Page 2 of 4
CA SDP 2018-03, Ordinance No. 3523, Public hearing and consideration of
a request from Beaten Path Development for a Special Development
Plan at the northwest and northeast corners of Mid Cities Boulevard
and Holiday Lane, being 11.89 acres described as Lot 2, Block 1,
Carrington Center; Lots 2R1, 3R, 4, and portion of 1R, Block 34, Fox
Hollow Addition; and Tracts 11 and 11D, John H. Barlough Survey,
Abstract 130.
D. PLANNING AND DEVELOPMENT
E. PUBLIC WORKS
E.1 Consider Ordinance No. 3519, reducing the speed limit to 40mph along
North Tarrant Parkway from a point 800 feet east of the North Richland
Hills City Limit to the Keller City Limit Line.
E.2 Consider Ordinance No. 3520, establishing a temporary moratorium on
the Traffic Calming Policy.
E.3 Consider Resolution No. 2018-020 approving an amendment to the
Local Project Advance Funding Agreement for the Davis and Mid-Cities
Intersection Improvement Project for additional grant funds, authorizing
the City Manager to execute the amendment, and approving a revision
to the FY17-18 Capital Projects Budget in the total amount of $656,487.
F. GENERAL ITEMS
F.1 Approve Reimbursement Resolution No. 2018-015 for the Revised
Fiscal Year 2017/2018 Capital Improvement Program and associated
equipment and services in an amount not to exceed $750,000
F.2 Consider Resolution No. 2018-022, Authorizing Submission of the
Application for the Department of Justice Community Oriented Policing
Services School Violence Prevention FY 2018 Grant Program
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 WELCH
H.1 Announcements
Monday, July 23, 2018 City Council Agenda
Page 3 of 4
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 Friday, July 20,
2018 by 3:00 PM.
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Assistant City ftvary C*
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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, July 23, 2018 City Council Agenda
Page 4 of 4
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NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Discuss items from regular City Council meeting.
PRESENTER: Mark Hindman, City Manager
SUMMARY:
The purpose of this item is to allow City Council the opportunity to discuss any item on
the regular agenda.
GENERAL DESCRIPTION:
The purpose of this standing item is to allow City Council the opportunity to inquire
about items that are posted for discussion and deliberation on the regular City Council
agenda.
City Council is encouraged to ask staff questions to clarify and/or provide additional
information on items posted on the regular or consent agenda. City Council may also
elect to move items from the regular agenda to the consent agenda upon receiving
clarification from staff on posted regular agenda items.
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NORTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
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.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Discuss the Traffic Calming Policy
PRESENTER: Caroline Waggoner, City Engineer
SUMMARY:
Engineering staff will be discussing potential issues with the city's current Traffic Calming
Policy and seeking Council's input on the prospect of a moratorium of the program while
a new policy is developed.
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Fiscal Year 2018/2019 budget work session
PRESENTER: Robert Myers, Budget Director; Mike Curtis Managing Director of
Development Services; Vickie Loftice, Managing Director of
Community Services; Karen Bostic, Assistant City Manager
SUMMARY:
Staff will provide the City Council with a review of the FY 2018/19 Proposed Budgets for
Special Revenue Funds, Parks & Recreation Enterprise Funds, Internal Service Funds,
and the Capital Projects Budget.
GENERAL DESCRIPTION:
Staff will provide a presentation to the City Council on the FY 2018/19 Proposed Budgets
for Special Revenue Funds, Parks & Recreation Enterprise Funds, Internal Service
Funds, and the Capital Projects Budget. Staff will request City Council discussion and
input on the FY 2018/19 Proposed Budgets for all funds presented.
MFItH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: SDP 2018-03, Ordinance No. 3523, Public hearing and consideration
of a request from Beaten Path Development for a Special
Development Plan at the northwest and northeast corners of Mid
Cities Boulevard and Holiday Lane, being 11.89 acres described as
Lot 2, Block 1, Carrington Center; Lots 2R1, 3R, 4, and portion of 1 R,
Block 34, Fox Hollow Addition; and Tracts 11 and 11D, John H.
Barlough Survey, Abstract 130.
PRESENTER: Clayton Comstock, Planning Manager
SUMMARY:
On behalf of Long Real Estate Investments, RCC/CT LLC, and DFW Oil, Beaten Path
Development is requesting approval of a Special Development Plan (SDP) in the
Smithfield Transit Oriented Development (TOD) District. The applicant proposes to
develop a project that includes 100 single-family residential units comprised of 76
townhomes and 24 duplexes. The property is located on the north side of Mid-Cities
Boulevard on the east and west sides of Holiday Lane.
GENERAL DESCRIPTION:
The project is located within the "Arterial Mixed Use" and "TOD Residential' subzones
of the Smithfield TOD district.
• The "Arterial Mixed Use" subzone is intended to provide appropriate transitions to
major regional roadways while taking advantage of the frontage for limited auto-
oriented uses and sites. The subzone does not permit townhomes by right. Any
residential proposed within the "Arterial Mixed Use" subzone is limited to a
second floor above non-residential uses.
• The "TOD Residential' subzone provides the transitions from higher intensity
development of the TOD Core and existing residential neighborhoods and allows
townhomes by right. The map excerpt below, taken from the Smithfield TOD
Regulating Plan, shows the subject property (thick black outline), the subzone
districts, and recommended thoroughfares.
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Figure 1:Smithfield TOD Regulating Plan
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The subject property is governed by the TOD Residential and Arterial Mixed Use subzones.
Below is a summary of the proposed development, which is planned for construction in
two sections on the east and west sides of Holiday Lane. A complete concept plan of
the project is attached.
ORMIMMEEMIM
Project Area 10.92 acres
Attached SF units 100 units
Residential density 9.16 units/acre
Open space 0.79 acres(7.23%)
Programmable open space 2.40 acres(21.98%)
Common areas 17 lots
Parking spaces/residential unit 4.26 spaces
TOD WAIVERS REQUESTED: The following waivers to the TOD Code are being
requested by this Special Development Plan proposal:
1. TOD Subzone. The "Arterial Mixed Use" subzone of the TOD code is a subzone
found only in the Smithfield TOD and only along Mid-Cities Boulevard. The
subzone does not permit single family or first-floor residential. Its purpose is to
permit continued commercial development along Mid-Cities Boulevard that would
support the increasing residential densities in other subzones of the district.
Because of its proximity along Mid-Cities and at the edge of the TOD district,
elements of Conventional Suburban Design (CSD) are permitted by the code.
This includes deeper building setbacks from the street, 100% commercial uses,
and standard site landscaping. As an example, the shopping center at the
northeast corner of Smithfield Road and Mid-Cities Boulevard (Fitness 2000,
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Subway, The Corner Cafe, etc.) was designed to meet the TOD code's Arterial
Mixed Use subzone and could be developed on this subject property by right.
z. Customized street designs. The design of the streets proposed within the
development are customized to fit the context and function of the neighborhood
while still using the TOD street design criteria as a guide. The dimensions of
travel lanes, landscape strips, and parking spaces are all consistent with the
TOD design criteria, however on-street parking is limited to one side of the street
in the case of Street "A" and Street "C." Street "D" is also designed with the east
side sidewalk constructed at the back of the street curb where there would
usually be a landscape strip for street trees. Street "B" is also proposed as a one-
way street around the central open space. Five-foot sidewalks are also proposed
in some areas rather than the minimum six-foot sidewalks required by the TOD
Code. See Page 4 of the attached "Design Guidelines" for additional information
on the street designs.
Figure 2:Customized Street Designs
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See page 4 of the attached Design Guidelines for additional information regarding street designs.
3. Townhome lot width. The minimum width of a townhome lot or other attached
single-family lot permitted by the TOD code is 25 feet. The applicant proposes 83
attached single-family lots with a lot width of 22 feet dispersed throughout the
development. These lots support a 22-foot wide townhome product (59 lots) and
a 19-foot wide duplex unit product (24 lots). Seventeen (17) of the 100 lots would
meet the minimum 25-foot width requirement.
4. Parking driveway width. Because of the narrower width of the lots and need for
parallel parking off the rear alleys, the maximum permitted residential driveway
width of 20 feet may not be achievable. Instead, a continuous concrete parking
lane along the alleys will likely be necessary.
5. Build-to-Zone. Both the TOD Residential and Arterial Mixed Use subzones
require front build-to-zones with a minimum setback of 10 feet. The applicant is
proposing to adopt a front setback of seven (7) feet.
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Figure 3: Lot/Pad Dimensions&Setbacks
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Exhibit from Page 3 of the attached Design Guidelines demonstrating the lot width,driveway width and build-to-zone.
STAFF DRC REVIEW: The Development Review Committee (DRC) evaluated the
proposal based on the design intent and standards for the Smithfield TOD. The DRC
believes that this plan is a significant improvement over the previous plan proposed by
this applicant for this property (case SDP 2017-06) which was recommended for denial
by the Planning and Zoning Commission on March 15, 2018, and was subsequently
withdrawn by the applicant. The DRC believes this plan to be a significant improvement
for the following reasons:
1. Larger centralized open space. Open spaces provided on the 2017 plan were
small and dispersed areas leftover from where streets and home sites would not
fit. The proposed plan has an open space that is intentionally designed to serve
as a centralized park for the neighborhood and can be programmed with
neighborhood events and other larger gatherings.
2. Improved pedestrian connections. A mid-block sidewalk is provided that
connects Mid-Cities to the centralized open space and further on to the Cotton
Belt Trail through a series of open space paseos. This provides convenient
access to the park and trail for all units within the neighborhood.
3. Street connection to east. The 2017 plan did not propose a fully integrated
street network that allowed for a mix of uses to develop to the east of the subject
property. The proposed plan provides a street connection to the undeveloped
property to the east, which allows that property vehicular access to the median
opening in Mid-Cities Boulevard and the signalized intersection at Holiday Lane.
4. Product diversity. The previous plan had two types of product: a 22-foot wide
townhome (74 lots) and a 25-foot wide townhome (19 lots). The new plan
includes a new product type of a 19-foot wide duplex unit (24 lots).This product
diversifies options related to floor plan and size of home.
5. Appropriate Context and Transitions. The proposed plan fits the adjoining
context in terms of character of the existing and proposed neighborhoods in this
area, and provides an appropriate transition from the traditionally zoned areas
into the more intense TOD zones.
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While the above points demonstrate the improvements to the previous plan, the DRC
continues to be interested in City Council's discussion and direction regarding the two
remaining topics:
Local market uncertainty of 22-foot townhome and 19-foot duplex product.
Over 90 units of 22-foot wide townhomes were approved in the Iron Horse TOD.
Those townhomes have not yet hit the NRH sales market. The DRC is concerned
about additional variances to the 25-foot minimum lot requirement for townhome
lots until direction is provided by City Council as to whether this is a favorable
and targeted product for North Richland Hills, specifically in the TOD areas, and
until there is a better understanding of the local market for 22-foot townhomes.
There is a strong market for 22-foot townhomes in Dallas and Collin counties as
well as the Viridian master planned development in Arlington.
Units facing Mid-Cities Boulevard. Twenty-four (24) units are proposed to face
out toward Mid-Cities Boulevard, a 6-lane major arterial roadway. While a TOD
project in Iron Horse TOD does have townhome units facing Iron Horse
Boulevard, that roadway is a four-lane street and on-street parking is being
provided with that new development. The closest comparison to this situation is
The Enclave, which has first-floor multi-family units that face and have access to
Mid-Cities Boulevard without on-street parking. The applicant will be providing
more details on the unit architecture and landscape treatment of these units
along Mid-Cities at the City Council meeting.
COMPREHENSIVE PLAN & CURRENT ZONING: This area is designated on the
Comprehensive Land Use Plan and is currently zoned Transit Oriented Development.
The purpose of the transit oriented development code is to support the development of
the community's station areas into pedestrian-oriented, mixed-use urban
neighborhoods, with convenient access to rail transit, shopping, employment, housing,
and neighborhood retail services. The goal of each station area is to encourage an
efficient, compact land use pattern; encourage pedestrian activity; reduce the reliance
on private automobiles; promote a more functional and attractive community through the
use of recognized principles of urban design; and allow property owners flexibility in
land use, while prescribing a high level of detail in building design and form.
SPECIAL DEVELOPMENT PLAN: The applicant is requesting a special development
plan for consideration of modifications to the standards of the transit oriented
development district. The special development plan process is intended to allow
applicants development flexibility to address specific market opportunities and/or
contexts within the transit oriented development district. In evaluating a special
development plan, the Planning and Zoning Commission and City Council must
consider the extent to which the application meets the following:
• the goals and intent of transit oriented development in the city;
• provides an alternative "master plan" approach by consolidating multiple
properties to create a predictable, market responsive development for the area;
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• fits the adjoining context by providing appropriate transitions;
• provides public benefits such as usable civic and open spaces, livable streets,
structured and shared parking, and linkages to transit; and,
• does not hinder future opportunities for higher intensity transit oriented
development.
PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission
conducted a public hearing and considered this request at the June 21, 2018, meeting
and recommended denial of the application.
PUBLIC INPUT: Public input regarding this case has been received and is attached for
City Council's review.
RECOMMENDATION:
Conduct a public hearing and consider Ordinance No. 3523.
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TqRH PUBLIC HEARING NOTICE
NORTH RICHLAND HILLS CASE: SDP 2018-03
You are receiving this notice because you are a property owner of record within 200 feet of the property shown
on the attached map requesting a Special Development Plan.
APPLICANT Beaten Path Development
LOCATION Northwest and Northeast corners of Mid Cities Blvd and Holiday Lane
REQUEST Public hearing and consideration of a request from Beaten Path Development for a
Special Development Plan at the northwest and northeast corners of Mid Cities
Boulevard and Holiday Lane, being 11.89 acres described as Lot 2, Block 1,
Carrington Center; Lots 2131, 3R, 4, and portion of 1R, Block 34, Fox Hollow
Addition; and Tracts 11 and 11D, John H. Barlough Survey, Abstract 130.
DESCRIPTION Special Development Plan for 100 single-family (townhomes and duplexes)
residential lots and 1.85 acres of open space.
PUBLIC HEARING DATE Planning and Zoning Commission
7:00 PM Thursday, June 21, 2018
City Council
7:00 PM Monday, July 23, 2018
MEETING LOCATION City Council Chambers -Third Floor
4301 City Point Drive
North Richland Hills, Texas
People interested in submitting letters of support or opposition are encouraged to contact the Planning Zoning
Department for additional information. Letters must be received by the close of the City Council public
hearing. Because changes are made to requests during the public hearing process, you are encouraged to
follow the request through to final action by City Council.
Planning and Zoning Department 1 4301 City Point Drive- NRH, TX 76180
817-427-6300 1 www.nrhtx.com I planning @nrhtx.com
FOR MORE INFORMATION, VISIT NRHTX.COM/MAP
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817-427-6300 1 www.nrhtx.com I planning@nrhtx.com
OWNER ADDRESS CITY, ST, ZIP
ARMSTRONG, ERNEST G 7468 SANDHURST LN S NORTH RICHLAND HILLS TX 76182
BARBETTI, CHRISTINE A 6718 BRILEY DR NORTH RICHLAND HILLS TX 76180
BARTLETT, REBECCA 8204 RIO BEND NORTH RICHLAND HILLS TX 76182
BASSINGER, BETTINA 332 RIVER MEADOWS LN ARGYLE TX 76226
BASSINGER, H 7901 SABLE LN NORTH RICHLAND HILLS TX 76182
BEARD FAMILY LTD PARTNERSHIP 176 FRIAR TUCK WAY KERRVILLE TX 78028-9672
BRE KNIGHT SH TX OWNER LLC 345 PARK AVE NEW YORK NY 10154
CARTER, HOMER 1 2146 PORTWOOD WAY FORT WORTH TX 76179-6633
CENTERPOINT COMM BAPTIST CH 421 CANNON DR HURSTTX76054-2910
CONNER, CURTIS G 10 CEDAR LN BEDFORD TX 76021-5619
CONTALDI, MARIO 1029 ANSON DR KELLER TX 76248-8904
COSTANZA,TABBATHA L 9309 HARBOUR VIEW LN FORT WORTH TX 76179
DFW OIL INC 7601 MID CITIES BLVD NORTH RICHLAND HILLS TX 76182
DULANTO,JORGE 7712 SABLE LN N RICHLND HLSTX 76182-4676
ELMALLAH, EDWARD Y PO BOX 402 GRAPEVINE TX 76099-0402
EVANS,JOHN 6301 MARK CT FORT WORTH TX 76182-4669
FASNACHT, RAYMON L 423 LOS RIOS CT PLEASANTON CA 94566-7669
GRIGGS, DONNA M 7708 SABLE LN NORTH RICHLAND HILLS TX 76182
GRIMES,TAIREE 7812 ARTHUR DR NORTH RICHLAND HILLS TX 76182
GROVE, PAMELA G 7808 ARTHUR DR FORT WORTH TX 76182-4607
HL& MCB PROPERTIES LP 6000 WESTERN PL#II FORT WORTH TX 76107-4607
HOSEA, SHERRELL 7472 SANDHURST LN S NORTH RICHLAND HILLS TX 76182
KBE INVESTMENTS SERIES THREE L 2426 ROSEBURY LN TROPHY CLUB TX 76262
KUNKELADDITION LLC 7801 MID CITIES BLVD#400 NORTH RICHLAND HILLS TX 76182
KUNKEL HOLDINGS LLC 7801 MID CITIES BLVD STE 400 NORTH RICHLAND HILLS TX 76182
LAM, KAI L 15 LAGANI AVE RICHMOND HILL ON
LOFTIN RESIDENTIAL SERV OF TEX 5301 HOLLISTER DR KELLER TX 76244
LONG REAL ESTATE INVESTMENTS 9115 RUMFIELD RD NORTH RICHLAND HILLS TX 76182
LONG, MARK D 9115 RUMFIELD RD NORTH RICHLAND HILLS TX 76182
NRH HILLSIDE VILLAS LTD 8214 WESTCHESTER DR STE 710 DALLAS TX 75225
O'CONNOR, COLLEEN 7800 ARTHUR DR NORTH RICHLAND HILLS TX 76182
O'CONNOR,VINCENT PO BOX 1951 COLLEYVILLE TX 76034
ONE CLEAR KEY PROPERTY SOLUTIO 8641 5TH ST SUITE W7 FRISCO TX 75034
RCC/CT LLC 4501 N HIGHWAY 377 ROANOKE TX 76262
REGIONAL RAIL ROW CO PO BOX 660163 DALLAS TX 75266-0163
ROSSI, WILLIAM PO BOX 1951 COLLEYVILLE TX 76034
SABO, LEONTIN 1436 CAT MOUNTAIN TR KELLER TX 76248-3217
SCHNEIDER, DANE 6318 HOLIDAY LN NORTH RICHLAND HILLS TX 76182
ST LOUIS SOUTHWESTERN RR CO 1400 DOUGLAS STOP 1640 ST OMAHA NE 68179-2022
TAYLOR, RICHARD G 4011 OAKHURST DR AMARILLO TX 79109
VEDDA, MICHAEL 1642 WALTERS AVE CAMPBELL CA 95008-6335
WALLACE, BILLY D 7116 SWEETBRIAR CT FORT WORTH TX 76182-3436
WILDAM2011 LLC 401 JOHN MCCAIN RD COLLEYVILLETX 76034-6827
YOUNG, LAUREN 1280 SHENANDOAH RD SAN MARINO CA 91108
ZACHARIAS,JOHN KENT 1004 ALMOND DR MANSFIELD TX 76063-2910
ORDINANCE NO. 3523
SPECIAL DEVELOPMENT PLAN 2018-03
AN ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS, AMENDING THE
COMPREHENSIVE PLAN AND THE ZONING
ORDINANCE OF THE CITY OF NORTH
RICHLAND HILLS BY APPROVING A SPECIAL
DEVELOPMENT PLAN WITHIN THE SMITHFIELD
TRANSIT ORIENTED DEVELOPMENT DISTRICT
ON APPROXIMATELY 11.89 ACRES LOCATED
AT THE NORTHWEST AND NORTHEAST
CORNERS OF MID-CITIES BOULEVARD AND
HOLIDAY LANE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING FOR
SEVERABILITY; ESTABLISHING A PENALTY;
PROVIDING FOR SAVINGS; PROVIDING FOR
PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality
located in Tarrant County, Texas acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates
and restricts the location and use of buildings, structures, and land
for trade, industry, residence, and other purposes, and provides for
the establishment of zoning districts of such number, shape, and
area as may be best suited to carry out these regulations; and
WHEREAS, the City Council has previously passed an ordinance adopting a
Comprehensive Land Use Plan Map as the primary document on
which to base all zoning, platting, and other land use decisions; and
WHEREAS, the Comprehensive Plan and the Zoning Ordinance of the City of
North Richland Hills require a Special Development Plan within the
Smithfield Transit Oriented Development zoning district; and
WHEREAS, the owner of property located at the northwest and northeast corners
of Mid-Cities Boulevard and Holiday Lane (the 'Property") has filed
an application for a Special Development Plan and consideration of
waivers to the Transit Oriented Development code applicable to the
property; and
Ordinance 3523
SDP 2018-03
Page 1 of 4
WHEREAS, the Planning and Zoning Commission of the City of North Richland
Hills, Texas held a public hearing on June 21, 2018, and the City
Council of the City of North Richland Hills, Texas, held a public
hearing on July 23, 2018, with respect to the Special Development
Plan described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Local Government Code, the Zoning Ordinance of the City of North
Richland Hills, and all other laws dealing with notice, publication, and
procedural requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of
zoning as set forth in the Zoning Ordinance of the City of North
Richland Hills and that the special development plan should be
granted, subject to the conditions imposed herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS:
Section 1: That the Zoning Ordinance of the City of North Richland Hills is
hereby amended by approving the request for a Special
Development Plan, including specific waivers to the Transit Oriented
Development code, as provided herein on 11.89 acres of land in the
Carrington Center addition, Fox Hollow addition, and John H.
Barlough Survey, Abstract 130, located at the northwest and
northeast corners of Mid-Cities Boulevard and Holiday Lane, as
described and shown on Exhibit "A", attached hereto and
incorporated for all purposes.
Section 2: The use of the property described above shall be subject to all
applicable regulations contained in the Building and Land Use
Regulations, the Special Development Plan Regulations set forth in
Exhibit "B," attached hereto and incorporated for all purposes, and
all other applicable and pertinent ordinances of the City of North
Richland Hills.
Section 3: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to
approve the special development plan, including specific waivers to
the Transit Oriented Development code, in accordance with the
requirements of the Transit Oriented Development Code, and the
Concept Plan shown on Exhibit"C attached hereto and incorporated
for all purposes, which is approved.
Ordinance 3523
SDP 2018-03
Page 2 of 4
Section 4: The zoning district as herein established has been made in
accordance with a comprehensive plan for the purpose of promoting
the health, safety, morals and general welfare of the community.
Section 5: This Ordinance shall be cumulative of all provisions of ordinances
and of the Code of Ordinances of the City of North Richland Hills,
Texas, as amended, except when the provisions of this Ordinance
are in direct conflict with the provisions of such ordinances and such
code, in which event the conflicting provisions of such ordinances
and such code are hereby repealed.
Section 6: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable, and if any section, paragraph, sentence,
clause, or phrase of this Ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the
remaining sections, paragraphs, sentences, clauses, and phrases of
this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this Ordinance of any such
unconstitutional section, paragraph, sentence, clause or phrase.
Section 7: Any person, firm or corporation violating any provision of the 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 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 8: All rights and remedies of the City of North Richland Hills are
expressly saved as to any and all violations of the provisions of any
ordinances governing zoning that have accrued at the time of the
effective date of this Ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the
courts.
Section 9: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this
ordinance two times.
Section 10: This ordinance shall be in full force and effect immediately following
publication as required by Section 9 hereof.
Ordinance 3523
SDP 2018-03
Page 3 of 4
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 23rd day of July, 2018.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
Approved as to content:
Clayton Comstock, Planning Manager
Approved as to form and legality:
Maleshia McGinnis, City Attorney
Ordinance 3523
SDP 2018-03
Page 4 of 4
Exhibit A—Ordinance No. 3523 - Page 1 of 2
LEGAL DESCRIPTION
Special Development Plan Case SDP 2018-03
Mid-Cities Boulevard at Holiday Lane, North Richland Hills,Texas
CARRINGTON CENTER
BEING a tract of land situated in the John H. Barlough Survey, Abstract No. 130, being all of Lot 2, Block 1,
Carrington Center, an addition to the City of North Richland Hills, as described by the plat recorded in
Document Number D218114082, Plat Records, Tarrant County,Texas.
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Exhibit A—Ordinance No. 3523 - Page 2 of 2
FOX HOLLOW ADDITION
BEING a tract of land situated in the John H. Barlough Survey, Abstract No. 130, being all of Lots 2R1, 3R,
and 4, and a portion of Lot 1R, Block 34, Fox Hollow Addition, an addition to the City of North Richland
Hills, as described by the plat recorded in Cabinet A, Slide 5550, Plat Records, Tarrant County,Texas,
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A tract of land situated in the JOHN H. BARLOUGH SURVEY, ABSTRACT NUMBER 130, being TRACT 11 as
conveyed in a deed to RCC/CT L-C, and recorded in Document Number D217281258, Official Public
Records,Tarrant County, Texas.
A tract of land situated in the JOHN H. BARLOUGH SURVEY, ABSTRACT NUMBER 130, being TRACT 11D
as conveyed in a deed to Beard Family Limited Partnership, and as described by Tarrant Appraisal District
account number 03752054.
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June 13, 2018
PLANNING AND ZONING COMMISSION
North Richland hills, Texas;
Re: UrbanTrails Rezoning Case
Friends:
Our family has owned the 2.2 acres of property adjoining the],long Family on
Mid Cities Boulevard for more than forty yektrs. We contributed the right-of-way
free of cost, when Watuga Road was changed, and then the new road divided our
land in two, It was our intention that the ownership of this property would furnish
security in our old age; I am now 83 and my wife is 84. Frankly, the tax has been
a burden in more recent years.
None the less, it is very rewarding now, when we anticipate that our investment
will provide a very important improvement to the entire North Texas area.
'rhere will be delightful places for families to live, very up to date, prestigious and
so convenient to every needed urban establishment. Recreation will be at])and,
,aid the beautiful landscaping will contribute to everyone's valor composure,
only such a setting encourages the ones living there to eujoy their neighbors, and
it will be so nice to go out for dinner and entertainment,or.just visit at home.
What more could anyone expect in their new home? -11ardlyanyttring! Yet...
and yet, there are other advantages that include even those at some distance.
Certainly, being only steps away from public transportation will be great boon!
flow many folks living there will be employed at D/FW? -Think of it.
A pilot or a Mechanic can whisk to work, and not even,worry about having to
park their car.. or the expense, flow many automobiles will be off the road and
not adding to pollution? A lot! Others will have access to downtown Forty Worth.
Please think about the incredible dollar investment your city has already,put tip to
got the train system working, The new Station a block away wasn't inexpensive.
,fhe many, many long years the systern will serve are probably going ((,) cost most
during the first period, while folks are getting used to using it, flere, we have a
goodly number of built-in customers. Asking for ajiO,K. "Vote inniyoNyri
interest? You Berl But every business deal has to satisfy all the parties involved
and I truly believe this fills the bill!
Trrily,
John Kent Zacharias
1004 Almond Drive
Mansfield, Texas 76063
682-225-9488
June 12, 2018
RE: Public Hearing Notice
Case: SDP 2018-03
Beaten Path Development
Mid Cites Blvd and Holiday Lane
North Richland Hills
Planning and Zoning Commission
4301 City Point Drive
North Richland Hills, Texas 76180
Dear Sirs:
The current plan shows an open area which is very much like a park. Open park areas
within a neighborhood provide play space and outdoor activity space for the community.
This 2nd plan with the park like area is an improvement for urban living.
I support the Beaten Path Development plan at the corner of Mid Cities Blvd and Holiday
Lane with the following exceptions:
1. Inadequate street parking.The first plan submitted by Beaten Path Development
contained 93 single family townhomes and 2.83 acres of open space. The second
plan compresses 100 single family lots with only 1.85 acres of open space. People
and cars will be packed in a small area like sardines. The narrow alley shown
parallel to Mid Cities Blvd will not support two way traffic for the fire trucks!
2. Where are the side walks within the community? Many people will be walking to
and from the new train station.
3. Because of the high density, the question remains: Will street parking be allowed
upon one or both sides of Mid Cities Blvd?If not, where will people park their 2nd
and 3`d cars? (or will people be forced to park outside the community? And
perhaps park in the commercial areas, or in other neighborhoods, or across Mid
Cities Blvd in the church parking lot?)
Respectively submitted, /
7-a Cpl
John Kent Zacharias
Owner 7704 7706 Sable Lane.
(within 200 feet of Development)
Long Real Estate Investments
9115 Rumfield Road,
North Richland Hills, TX 76182
817-319-3184
June 18, 2018
North Richland Hills City Council
4301 City Point Drive
North Richland Hills, TX 76180
Re: Beaten Path Development
Special Development Plan for 100 single-family (townhomes and duplexes)
Residential lots and 11.85 acres of open space located at
Northwest and Northeast Corners of Mid Cities Blvd and Holiday Lane
Dear Council Members
This letter is to express my support for the proposed development including 100 single-
family (townhomes and duplexes) residential lots and 1.85 acres of open space located
at Northwest and Northeast Corners of Mid Cities Blvd and Holiday Lane. This project
will bring economic development by not only brining new residents and businesses to
the area but those residents and works will also bring increased patronage to
surrounding businesses and increase the tax base for the City.
My apologies for not being able to support this development in person. II have an out of
state commitment that could not be rescheduled.
Thank you for your consideration and support of this project.
ffi�l d�
rV 41
Mark D. Lang
President, Long Real Estate
Letter of Opposition
to Beaten Path Development — SDP 2018-03
To Whom it May Concern:
I am Mary Durkin, a North Richland Hills resident living at 7905
Woodland Drive. I also work in North Richland Hills at the corner of
Brandi Lane and Smithfield Road which is right across from the new
commuter rail station currently under construction.
My opposition is based on the increased traffic congestion on Mid
Cities Blvd. The Mid Cities Blvd/Smithfield Rd intersection is already
very busy every morning and afternoon with school traffic and this will
increase dramatically when the commuter rail station opens. Adding an
additional 100 homes will only increase the traffic congestion.
Respectfully,
Mary Durkin
Dear City Council Members,
My name is Jessica Rossi and I live at 7804 Arthur Dr. in North Richland Hills. My
husband and I moved here with our two little boys because we believe North Richland hills is a
charming and beautiful community with great schools,plenty of preserved green space, and we
think that it is `up and coming' like neighboring cities, Colleyville and Keller. We built our home
on Arthur a year ago and followed all of the rules and codes of the TOD. At the time, some of
these regulations felt quite challenging and ended up costing us a lot of extra time and money.
Although it was not easy making our house meet every stipulation of the TOD, when it was all
said and done and our house was built to regulation, we then understood that these toles are
made for a reason. These rules help preserve the charm and integrity of the city.
You can only imagine how frustrated my family and I (along with our neighbors and
friends in the community) are now, hearing that a company wants to change the TOD standards
to their convenience, so they can build massive townhomes on a commercial/residential mixed
lot. This has already been proposed twice now, each time with a unanimous vote that the TOD
standards were made for a reason and the city of North Richland Hills does not wish to trade
integrity for a quick buck. There was an agreement that the proposed plan would not only
congest an already congested area creating many traffic issues, but also would take away from
the neighborhood charm. It is my job as a citizen to voice my concerns for the community that I
live in. It is your job, as city council leaders, to hear the concerns of the people and protect the
integrity of the city. I am hopeful and optimistic that you will do your job.
Sincerely,
Jessica Rossi
Subject:SDP218-03
To the City Council members of North Richland Hills
Regarding the Beaten Path proposed development, please trust the Planning and Zoning committee's
recommendation to deny this development. During the March 15" meeting a unanimous 6 to 0 vote
against proposed development and the June 21'` planning and zoning meeting where the vote was also
a overwhelming majority 4 to 1 vote against. In addition please consider the Design Review committees
recommendation to deny on the March 15" meeting and a non comment on the June 21'` meeting.
The following comments only show comments I personally made during the meetings which only
represents a small portion of additional comments made by the public during the meeting detailing
several negative aspects regarding the plan that has been submitted. It should be noted that the
planning and zoning committee brought up most of the public's same concerns as well as several
negative comments of their own.
Traffic:
This was brought up during both planning and zoning meetings regarding the purposed Beaten Path
Development as one of the big issues. In both meeting Planning and Zoning members agree and
commented that the impact of over one hundred households with parking for over 400 vehicles exiting
on to 2 already busy streets being Mid Cities and Holliday Lane would be an issue that would need to be
studied. In addition to the potential for 400 plus vehicles impacting the roads there are other major
traffic concerns to consider. The new commuter light rail having trains going in both directions on one
track every 20 minute (2 trains every 20 minutes) plus a busy pedestrian cotton belt trail crossing
between the rail and Mid Cities (only to get busier with the addition of the train station) and a busy gas
station convenience store and restaurant empting on to the same proposed street that exits on to
Holliday. To exaggerate the bad situation 3 of the purposed streets line up across from each other
making traffic management all that more troublesome. Add into the equation schools that feed off both
Midcities and Holliday Lane directly across the street adding to an already busy intersection (not to
mention new drivers)The Holliday Lane traffic issue would be minor compared to the cross over at
MidCities which has also been discussed during the two planning and zoning meetings. By adding a
street directly across from Abbott Ave and another upcoming development as well as a very busy
church the probability for a very dangerous intersection would be created.
Elevations:
The building heights are going to dwarf the existing homes directly behind the proposed development.
The existing grade of the proposed development is more than 10' higher than the land directly to the
North. We understand that there would be an engineered plan stepping the contour down toward the
back but with building ordnances requiring a buildings finish floor being 18" higher than the street it
would be safe to say that there would be possibly a 3' elevation drop from the building to the back
property line.
Trees:
With the proposed back alley being placed very close to the back property line that would be
responsible for trees along the whole fence line on both sides but more so on the other property owners
land. Typically no construction grade cuts or hard surfaces should be done with-in the drip line of an
existing tree, in this case negatively impacting up to 50 trees shared on the property line.
Development design:
In both planning and zoning review meetings,the comment was made that they were certain that a
viability study has been done showing that this would be a successful product here in North Richland
Hills, but the comparisons that were brought up were in large inner city projects which are vastly
different.The other mentioned target was for older people looking to down size or for small family
housing which in both cases really does not work well. Being that in 80%of the unit's kitchens, living
areas, and master bedrooms would need to be on second floor,with steps having to be used in every
case. With unit width of 19' and 22' your first floor would consist of a garage, a stair case and some
room for halls and closet, leaving very little living space on the first floor. From the back alley the plan is
to have additional parking a place for garbage and recycling and I would think an area for many HVAC
units. It appeared as though the entire alley and garage entrance area is 100%concrete. (This was only
one of 6 or 7 variances requested for this plan)
The developers have boasted about all this beautiful green space but not one of the homes has any
personal outdoor space. A national average is that 75% of all homes designed have outdoor living and
many architects incorporate outdoor living in 100% of their designs. Regarding pets, 68%of all
households in the USA have a pet;the pets in these homes would have to be 100% indoor pets except
for walks to the public green space. (Not so great for the 32%without a pet)There is virtually not a
decent place to even have a grill with the exception of outside your garage door which as mentioned is
designed for additional parking,garbage cans and in many cases HVAC units.
Because the development has the look and feel of an apartment complex, what would prevent an
investor from buying a whole building and leasing each unit out exactly like an apartment? Not that
apartments would be better but at least many apartments do typically have pools, gyms and club houses
with the exception being low end apartments.
Is this what residents want for some of the most visible property in North Richland Hills?
Thank you for considering these negative aspects in making your decision to deny this zoning change
request, multiple special development adjustments and waivers.
Respectfully,
Jim O'Connor
My name is Pake Rossi, I recently bought and built my home on Arthur Dr. north
of the proposed special development. I am opposed to this development for the
following reasons.
Traffic-
There has not been a traffic study done by the developer. Based on city rules I
was told that if there is an estimated 100 cars added to peak hour traffic there is a
traffic study required. This plan proposes 100 single family town home units (with
potential of over 430 parking based on current plans) to be at mid cities and
holiday lane. Both are very busy peak hour roads with there being 3 high schools
and many more middle and elementary schools within 3 miles. In my experience
most households have a minimum of 2 cars and for the most part are being driven
to and from work and other responsibilities such and bringing children to and
from school at peak hours. This would be up to 400 cars estimated to impact the
streets during peak hour. And I don't think anything should be allowed to move
forward without extensive traffic and impact studies on this property.
North Richland Hills atmosphere-
I moved here last year and built my home in North Richland Hills because I saw
the city as being an up and coming pleasant neighborhood where I can grow and
raise my young family. The train I see as a great improvement and an exciting
prospect for community members to go to and from DFW airport, down town
Grapevine, and down town Fort Worth, and to bring visitors to NRH for both
business and pleasure . By allowing this developer to build these large highly
compacted buildings that look as though they are apartments, in one of the most
highly traveled areas of NRH at mid cities and Davis Blvd. the city is redefining
what I liked so much in the first place. A family friendly, growing young
community.
T.O.D. planning and zoning-
I bought property in TOD residential, knowing that I would have some different
and difficult requirements to the house than others would. I bought into the TOD
on purpose as the area is growing and I also knew there is T.O.D arterial mixed
use zone behind me. This requires height restrictions, larger setbacks, more green
and landscape requirements, masonry walls between zones, all in all it was
planned to be a commercial site for the betterment of North Richland Hills and
Mid Cities Blvd. By allowing this special zone change request to go through the
city is removing virtually all of the arterial mixed use areas in the Smithfield
station area. My question is why did the city through all of the work and planning
of these zones if they are to be changed as soon as a developer thinks he can
make a dollar. Further than just the zone change requested there are more than 5
other changes requested to the zone they are requested to be in "T.O.D
Residential". So not only are they asking to change the originally designed zone
but are also asking to change many components of the T.O.D zone that I bought
into in the first place. As Steven Cooper of the Planning and Zoning Committee
stated it was the most by far change requests they had seen on any special
request in their time on the board.
Spot Zoning-
The definition of spot zoning is "Spot zoning is the application of zoning to a
specific parcel or parcels of land within a larger zoned area when the rezoning is
usually at odds with a city's master plan and current zoning restrictions." By
definition this looks exactly like spot zoning to me. This is currently zoned as
arterial mixed use which is basically commercial use with standard commercial
aspects such as landscape requirements, parking requirements, siding and
construction requirements, all to enhance the look and feel of the town and
project. It is also how most of mid cities is developed and what looks and works
best for the citizens and the community. Where changing the zone to residential
is only to the direct benefit of those involved with the property being sold and the
developers who are building and selling these as quickly and for the most profit
possible.
Planning and Zoning committee-
The planning and zoning committee has a very important role in the city's
development, they decide what is best fit and what is not, and work hard to keep
the cities master plan intact. In this case the beaten path development has come
to planning and zoning twice with very limited changes, some to actually go
against issues brought up in the first meeting, such as the 22' and 19' wide lots.
The first time the DRC moved to deny, and the second time they surprisingly
decided to neither deny nor approve the proposed plan even though only one
insignificant change to centralize green space was made. Both times the beaten
path development has been denied by the planning and zoning commission with a
count of 6-0 and 4-1. The 9-1 vote over two meetings should be all that the city
council has to look at. As the planning and zoning committee is put in place as
experts in their field to make the best guidance for the council to make the best
decision for the community. In this case they have made their view very clear that
this project is not the correct use of this limited available commercial land close
to the train station in Smithfield area. And I hope that you use the resources given
to you, the planning and zoning committees opinion, correctly.
Sense of neighborhood and trust-
It was brought up in the first meeting by beaten path that they had worked very
hard with their potential future neighbors to make everyone happy with the plan.
This statement was made knowing that they reached out to an adjoining
commercial property owner to the east only 3 hours before the meeting and had
not reached out to myself or any of my neighbors as they claimed to do. But even
in talking to the current commercial property owner, they offered a deal that he
was agreed upon, however is not as good of a deal as was promised to him in the
past, when he agreed on certain drainage and screening requirements when he
built his first office. When a representative for Beaten path finally did come to
talk to us it was 1 or 2 pm on a Tuesday when most households are at work. We
did get his card and when talking to him there was not any offering or even spit
balling of anything that could make this plan work out good for their direct
property line neighbors. I trust that you the city council are in the best interest of
the community and citizens, if this large company is allowed to come in, break all
the rules, and build whatever they want for a quick buck, then my trust will be
forever turned from city council as being a voice for the community.
In conclusion, I am against this development for the many reasons I have written
and for many others. I do trust that this council will vote the correct way and
maintain the city plan as designed for the betterment of the city and the citizens.
Keeping NRH a great place to work, live, play, and raise a family.
Thank you,
Pake Rossi
7/17/2018
North Richland Hills City Council
4301 City Point Dr.
North Richland Hills TX, 76182
Cbund| Mennbers�
|tiswith great frustration that I ary writing this note, pertaining to Beaten Path's proposed SDP-2018-
o1 | have carved time out nfnly busy schedule tn prepare and attend two planning arid zoning meetings
regarding this development. The first meeting the SDP was brought ip front of the Planning and Zoning
Commission with a recommendation NOT to approve from the DRC. It was voted down by a count of 6-
0. About a month later Beaten Path's made very few changes. The revised plan was brought again in
front of the Planning and Zoning Committee where it was overturned by a count of 5-1, In between the
two meetings a representative from Beaten Paths knocked on rny door to inform me that they were
moving forward to another planning and zoning meeting and that they wanted tobe good neighbors.
None of my concerns have been addressed by Beaten Path's and I'm left feeling that they want to be
good neighbors on their terms only. If Beaten Path's truly wanted to be good neighbors they would
propose a plan that increases the value nf the city, in not aoeye sore for the city, takes into account the
neighbors opinions, and is also profitable to build. The proposed plan from Beaten Path's only takes into
account the profitability of the project by squeezing in as much profitable square footage and only
providing open space in an area that is cotton belt trail right of way, and 2 other miniscule spaces that
help to get the requirements needed. All mf this negatively impacting the city by causing severe traffic
issues, eye sores along Mid Cities Blvd., eye sores along existing residential neighborhoods, eliminating
the zoning district that was intended for this location, and leaving the possibility of a failed development
with no one to maintain. The only people who have been supportive ofthis development are the ones
who have something to gain by it,whether that be the sale of the existing property,the sale of 100 units
in probably the most densely populated non-apartnient subdivision in the city, or having a relationship
tn someone who can profit from it. 0n the other side of the Aisle are the tax paying citizens whose
interests are supposed tnbc supported by the people they vote in.
According to the Planning and Zoning Department Special Development Plans should be
reviewed for approval 6y the following criteria:
' The goals and intent oftransit oriented development inthe city are met
This plan clearly does not meet the goals of the TOD as It removes over 90%of the
6eve|upaNe "artcria| mixcdusc« zuneiotheSnnii6[ie|dregu|atinMp|mnf,o`nthedatpitvvaz
adopted.This is an extremely important zone of the TOD as it allows for pedestrian access to
amenities in the area, reducing the need to drive to everything that is needed. While I will most
likely always have to drive to work due to the nature of myjob, I have found that the ability to
walk tn commercial spaces isa great luxury in the city. | walk to Fitness 20O0 every time | work
tip the motivation to go to the gym, I walk to the gas station for a ReclBull before doing yard
Scanned w^thCa00Scanner
work every weekend.I regularly eat at Golden Chick, Subway,and the Corner Cafe.This year we
did our taxes at Scott Kunkle's.While the existing commercial uses are nice,they are far short of
what they could be and what would truly meet the goals and intent of the TOD.
Provide an alternative"master plan"approach by consolidating multiple properties to create
a predictable,market responsive development for the area
The proposed development has a very uncertain market response,while Beaten Path's
will like to point out that these units have been built very successfully in Houston,Austin,and
are beginning to be built in Dallas. They fail to mention that the style units being referenced are
only proven successful in much more densely populated areas. Small vertical living is successful
where the land size does not allow for outward growth. I am certain that North Richland Hills
will never be a Dallas,and not even a Fort Worth,and that is good because it is the suburbs. But
I do think that with strategic planning and patience it could live up to the likes of Grapevine,
Keller,Coppell,and Colleyville.
Fits the adjoining context by providing appropriate transitions
The adjoining context of this development are commercial office building(existing and
proposed),a single family neighborhood,a gas station/fast food restaurant,and Mid Cities Blvd.
the transitions are not appropriate in almost all respects.The proposed office building will have
100%access from a residential street(an unsafe scenario I have never seen in any city)the
existing office buildings'only means of going east onto Mid Cities Blv&is by going from the
commercial parking lot through a residential street.The Golden Chick/Gas Station will now have
one entrance from mid cities and one from a residential street. Single family homes will have
trash cans feet from their backyard and 2 story town homes looking down into the backyard
with no more than a 6'wooden fence(which we all know have a life of expectancy of , 10 years)
separating them. Finally, Mid Cities will be greeted with 19'wide 2 story tall duplexes fronting it
as opposed to the commercial landscaping that it is currently zoned. I'm sure every citizen in
NRH can agree they prefer the look of the Fitness 2000 development far more than the
apartments that front Mid Cities a few miles west of this location.
Provide public benefits such as usable civic and open spaces, livable streets, structured and
shared parking,and linkages to transit
This development plan provides the minimum benefits for even its own residents,about
%:of the open space provided in the plan is the green space on either side of Cotton Belt Trail an
area that can't be built on anyway.The streets are a pass through from commercial spaces
which would make them dangerous for kids to ride bikes and play on,over 1/3"of the
calculated parking spaces are driveway spaces rendering the car in the garage blocked in.There
are walkable linkages to transit for the residents but the traffic caused by residents entering and
exiting the development will cause issues for pedestrians coming from the west portion of Mid
Cities sidewalk and Cotton Belt Trail..
Scanned with CamScanner
Does not hinder future opportunities for higher intensity transit oriented development.
The SDP proposed eliminates virtually all of the Arterial Mixed use zone in the Smithfield
Station area.This not only eliminates the possibility of a development of mixed use building with
commercial space on bottom and residential use above but it also develops TOD residential
townhomes before any TOD townhomes have even been built in the proper zone to prove their
market viability.
As has been agreed upon twice now by the Planning and Zoning Committee,there are too many zoning
changes(90%a of TOD Arterial mixed use turns to TOD Residential,too many waivers from the TOD
Residential code,and too much market uncertainty in this development plan to approve this before the
train has even begun to operate with passengers.
When I decided to invest my life savings into an approximately 2 acre lot in North Richland Hills,the
property behind me was marketed as a commercial property that had a code that would make it similar
to the Fitness 2000 building. It was to have a masonry walk between my property and the commercial
space behind me. i was an early investor in an older neighborhood that had great potential and better
neighbors. I built a home according to a strict code,which was a pain but worth it knowing that the code
is what gave the area such great potential. t am excited for the future of NRH Development. I am
especially excited for development in the Smithfield station area.The TOD code and regulating plan
must have taken a great deal of effort to put,together. It is a good plan and provides for a thriving
district. I urge you to be patient and do what is best for the city and it's citizens, not what is best for the
few people who stand to profit from the development.
Sincerely,
Pat O'Connor
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Dear councilmen,
My name is Vincent O'Connor I moved to North Richland Hills last year. I know North Richland hills
pretty well as I went to St.John The Apostle Catholic school from kindergarten through 8`h grade. I knew
North Richland Hills would be a great place to start my adult life as well and decided to buy property on
Arthur Dr. This is a section of TOD residential. We worked very hard to build my house to fit the TOD
code. I also knew that the property behind me was to be arterial mixed use which means basically
commercially zoned.This designation meant a great deal in my decision to buy the property as it meant
there would be strict regulations on setbacks, building requirements, landscaping requirements and
screening requirements, as well as a nice look along mid cities for myself and guests to see when
visiting.
After opposing this development twice and the planning and zoning committee overwhelmingly
agreeing that this property is not correct for this area I did not expect to have to put public input or
make time to go to a city council meeting for this same exact proposal.This time I am trying to be a little
more prepared and submitting a public input letter for you to read and hope that this will show that it is
not only myself but many members of the community that do not agree with this special use permit.
Attached below is a quick petition that my neighbor and I walked a few blocks in only one and a half
hours to get signatures that show that citizens of North Richland Hills do not want this development and
believe that the current zoning, arterial mixed use, is a better use of the land. Again, this was only an
hour and a half and only several blocks of walking door to door. Given more time I know we would have
a significantly larger number of signatures on this opposition petition.
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As a citizen of the City of North Richland Mills,I would like to esprrss my rhsafireemenl with SF)I''-20115-
Of for the following reasons.
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l am Concerned ry the
with the traffic issues that will be created at Mid C,'ities Nlvd.and
addition of'M families leaving for work and school each morning with the drives sn close to the,
intersection.
1 enloy the Cotton Melt Trail and am concerned that the added vehicular traffic will add an additional
high traffic intersection that is difficult/hard to navigator.
I am concerned with the density of the proposed development.The lack of open space,reasonable floor
Plan space,and imentimed o mmerciat trafffr does not support family fife.
I am concerned that the proposed development will be an eye sore that is not consistent with the
surrounding inning.
It is important to me that lower density commercial/retail/restaurant lines Mid Cities Blvd.to maintain a
good quality of life for us current citizens.
For orw or mote of the alwve reasars I ask that SDG-2t11 8,03 be rejected.
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Vincent O'Connor
SCOTT A. KUNKEL, CPA, PC
Certified Public Accoun tan t
7801 Mid Cities Blvd,#400
North Richland Hills,TX 76182
(817)498-1040
July 19, 2018
To North Richland Hills City Council,
I, Scott Kunkel, was a long-time resident of North Richland Hills (over 20 years) and have operated my
CPA practice in North Richland Hills for almost 25 years. I hope to continue practicing for another 10
years, Lord willing, so as you see I have a vested interest in the city and the area under question.
I am the property owner at 7801 Mid Cities and 7795 Mid Cities. The 4,192 square foot building at 7801
was built in 2000 and is occupied by 4 businesses. The empty lot at 7795 Mid Cities borders to the east
of the Beaten Path Development plan which is applying for special consideration.
I hope to speak at the council but wanted to write down the following for your consideration prior to
that meeting.
Although, I had not intended to attend the meeting,John Pitstick asked me to. So that you know that I
am not on one side or the other, my history is that when I built the building at 7801 Mid Cities and went
for a landscape variance,John Pitstick was employed by the city and stood up and recommended that
the variance not be approved. I also had the residents of the neighborhood stand up from the start to
finish of my project and objected all the way through against my developing the property. So again, I
state that I do not intend to take sides one way or the other on this.
I look for good neighbors and feel like I have been one for the past 20 years to which the residents of the
neighborhood confirmed in their testimony at the 1" P&Z meeting on this project back in March. With
respect to the Beaten Path development,they indicate they will provide me access to the median cut at
Abbott Ave through their development. Even though this is in accordance with the city of NRH
comments to me in 2000 when I was looking to construct a median cut in front of my entrance, I
appreciate it.
In addition, Beaten Path says they will construct a wrought iron green wall between me and their
property which sounds like a great idea as long as there are requirements that they"keep it green." I
think it will be an attractive screen between my commercial property and their residential property.
Besides being a good neighbor to me, I feel Beaten Path should be a good neighbor to the residential
neighborhood behind them. The 1"of 2 problems voiced at the P&Z meeting is that originally Beaten
Path wanted to put the green fence and then changed to the cedar fence. After talking with John
Pitstick, he indicated a brick wall is to be built which I think should satisfy the residents concern of the
fencing. I even made the commitment that if they will continue the same look of the fence that is on my
property at 7801 Mid Cities that I would install the fence on the back of 7795 at this time.
The 2na of 2 problems as I see from the residents' point of view is their concern of a two story structure
looming over their fences. And since this development will be a sea of concrete (i.e. buildings and
roads), I suggested to John Pitstick that maybe they could take the 5—6 properties bordering the
property line with the residents and make them single story garden homes. He seemed to balk at this.
However, if I was a homeowner in the neighborhood, I would have a big problem with 2 story buildings
looming over my home.
My opinion is I respect the rights of all property owners and one way or another would like to see this
property developed. I do hate that Beaten Path's current proposal has more town home units than they
had with their Vt proposal. Consequently, I expect many of these units to be carried as rentals which
means more cars parked on the street which will be unsightly. I will make sure there are a multitude of
"no parking" signs and "towing zone" signs when their overflow extends to my property.
I believe 20 years ago Mid Cities was initially planned to be an attractive thoroughfare of North Richland
Hills. I don't know how this project fits into that vision or if there is a better use for the land as the
majority of the P&Z folks believed when they turned it down. So in the end, this is where it is your
unenviable job to bring people together while keeping the city's best interests in mind. I wish you the
best and know that God is in control.
Thanks for hearing me out on this.
Sincerely,
Scott Kunkel
?g1kH
NOKTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Consider Ordinance No. 3519, reducing the speed limit to 40 mph
along North Tarrant Parkway from a point 800 feet east of the North
Richland Hills city limit to the Keller city limit line.
PRESENTER: Caroline Waggoner, City Engineer
SUMMARY:
The City Council is being asked to approve an ordinance reducing the posted speed to
40 mph along North Tarrant Parkway for 800 feet immediately east of the Keller City
limit line.
GENERAL DESCRIPTION:
North Tarrant Parkway is a primary east-west arterial roadway within the City of North
Richland Hills which connects to McDonwell School Road in Colleyville at our eastern
city limit and the continuation of North Tarrant Parkway in Keller at our western city limit
line. The existing roadway within North Richland Hills is a six-lane divided arterial with a
wide raised median and wide parkways on the north and south sides of the pavement.
Although there is sufficient pavement to support a six-lane configuration within the City
of Keller, that municipality opted to stripe the roadway to a four-lane configuration for
approximately 0.5 miles through a heavily residential corridor. The City of Keller
recently reduced the speed limit within this area from 40 mph to 35 mph following a
speed study and multiple accidents near the intersection of North Tarrant Parkway and
Lakeview Drive in the city of Keller.
State law authorizes the City Council to alter speed limits for public streets and
highways within its boundaries to create reasonable and safe driving conditions. The
city's engineer has cited two main reasons for justifying the reduction of the speed limit:
(1) creating a safer transition to reduce speeds from the posted 45mph in North
Richland Hills to the recently reduced 35 mph within the City of Keller; and (2) creating a
safer speed at which to merge traffic from three lanes to two lanes for westbound traffic.
The remainder of North Tarrant Parkway in North Richland Hills will continue to have a
posted speed of 45 mph. The reduction at this location is simply to transition from the
higher speed limit of 45 mph to the slower speed limit in Keller to 35 mph. The
ordinance will be effective immediately upon passage, but the Police Department will be
conducting two weeks of enforcement that is gauged at educating the public with only
writing citations in the most egregious of speeding violations. Additional measures will
NRH
be taken to inform the public of the change including social media posts and possible
placement of a traffic trailer to alert drivers when they are exceeding the new speed
limit.
RECOMMENDATION:
Approve Ordinance No. 3519.
HPublic Works j [ngineeiing
TO: Maleshia McGinnis, City Attorney
FROM: Caroline Waggoner, P.E., City Engineer
SUBJECT: North Tarrant Parkway Speed Limit
DATE: June 18, 2018
North Tarrant Parkway is a primary east-west arterial roadway within the City of North
Richland Hills which connects to McDonwell School Road in Colleyville at our eastern
city limit and the continuation of North Tarrant Parkway in Keller at our western city limit
line. The existing roadway within North Richland Hills is a six-lane divided arterial with a
wide raised median and wide parkways on the north and south sides of the pavement.
Although there is sufficient pavement to support a six-lane configuration within the City
of Keller, that municipality opted to stripe the roadway to a four-lane configuration for
approximately 0.5 miles through a heavily residential corridor. The City of Keller
recently reduced the speed limit within this area from 40mph to 35mph following a
speed study and multiple accidents near the intersection of North Tarrant Parkway and
Lakeview Drive.
With the recent speed limit reduction in the City of Keller, there is now both a lane
merge and 10mph speed differential at the Keller! North Richland Hills city limit line. In
an effort to ease the transition for westbound traffic, I am recommending that the speed
limit on North Tarrant Parkway be reduced from 45mph to 40mph at a point 800 feet
east of the Keller City Limit line. This reduction will result in a lower required
deceleration rate for westbound motorists to reach the posted 35mph in the City of
Keller, as well as making the lane merge safer with slower speeds at the point the
outside lane is terminated.
pUWE LM
/Ott ° ` 91 EN go
"Cyr ° 'ry
ORDINANCE NO. 3519
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING SECTION 54.102(b) OF THE NORTH RICHLAND HILLS
CODE OR ORDINANCES; ALTERING THE PRIMA FACIA SPEED
LIMITS ESTABLISHED FOR VEHICLES UNDER THE RPROVISIONS OF
THE TRANSPORATION CODE, CHAPTER 545, SECTION 545.356,
UPON THE BASIS OF AN ENGINEERING AND TRAFFIC
INVESTIGATION ON NORTH TARRANT PARKWAY WITHIN THE
CORPORATE LIMITS OF THE CITY OF NORTH RICHLAND HILLS AS
SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES AND REPEAL OF CONFLICTING PROVISIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, Pursuant to Chapter 545 of the Texas Transportation Code, the City
Council has the authority to regulate speed limits within its boundaries to
create reasonable and safe driving conditions; and
WHEREAS, After an investigation, the City's Engineer is recommending changes to the
City's ordinance that posted speed limits be changed as herein established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: That Section 54-102(b), Subsection 32, of the North Richland Hills Code
of Ordinances be amended to be read as follows:
"Sec. 54-102. Certain public streets
(b) ...
STREET/HIGHWAY SPEED LIMIT
(miles per hour)
Ordinance No. 3519
Page 1 of 3
"32. North Tarrant Parkway:
a. From its intersection with Precinct Line Road 45mph
west past Smithfield Road to a point 800 feet
east of the Keller City Limits, all within the city:
40 mph
b. From a point 800 feet east of the Keller City Limits to
the Keller City Limit Line, all within the city:
SECTION 3: Any person intentionally, knowingly, recklessly, or with criminal
negligence violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
fined an amount not to exceed two hundred dollars ($200.00).
SECTION 4: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, exceptwhere the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 5: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition
by the courts.
SECTION 6: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage
and publication as required by law.
AND IT IS SO ORDAINED.
Ordinance No. 3519
Page 2 of 3
PASSED AND APPROVED on this 23" day of July, 2018.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, Managing Director
Ordinance No. 3519
Page 3 of 3
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MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Authorize Ordinance No. 3520, establishing a temporary moratorium
on the Traffic Calming Policy.
PRESENTER: Caroline Waggoner, City Engineer
SUMMARY:
The City Council is being asked to approve an ordinance establishing a temporary ninety
(90) day moratorium on the city's Traffic Calming Policy.
GENERAL DESCRIPTION:
In 2003 the City Council adopted an ordinance codifying a Traffic Calming Policy. Since
that time Public Works personnel have conducted dozens of studies and installed traffic
calming measures on a number of city streets. In the time since the policy was adopted,
the city has also continued to grow in population and density, with additional zoning
districts introducing new street types, narrower lanes, designated on-street parking, and
more pedestrian connectivity. In addition, staff has determined that some provisions
included in the ordinance are unnecessary and inefficient.
The moratorium is proposed to last for ninety (90) days. This will allow time for staff to
develop an updated approach to traffic calming that is appropriate for the current trends
in pedestrian and vehicular behavior, the stage of development and build-out of city
neighborhoods and streets, and that provides the highest level of safety for our residents.
Staff will bring a proposed updated traffic calming policy to City Council during a work
session in the future.
RECOMMENDATION:
Approve Ordinance No. 3520.
ORDINANCE NO. 3520
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE OF REQUESTS AND IMPLEMENTATION OF THE
TRAFFIC CALMING POLICY CODIFIED IN CHAPTER 70, ARTICLE VII
OF THE CODE OF ORDINANCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND
REPEAL OF CONFLICTING PROVISIONS; PROVIDING SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting
under its power adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government Code;
and
WHEREAS, Chapter 311.001 the Texas Transportation Code gives the City exclusive
control over and under the public highways, streets, and alleys within the
city, including the exclusive right to control, regulate, remove an
encroachment or obstruction, or improve all city streets and roadways; and
WHEREAS, the current Code of Ordinances includes a Traffic Calming Policy (the
"Policy") established in 2003, which has become outdated; and
WHEREAS, the City desires to update its approach to addressing neighborhood traffic
concerns; and
WHEREAS, City Engineering staff desires to study and evaluate the current traffic
calming policy to make recommendations for changes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: The City Council hereby finds the recitals above to be true and correct,
and such recitals are hereby incorporated into this Ordinance as if written
herein.
SECTION 2: That a temporary Moratorium is hereby established on the acceptance of
requests and implementation of Article VII of Chapter 70, Traffic Calming
Policy, of the Code of Ordinances.
SECTION 3: That this Moratorium shall expire ninety (90) days after this ordinance
becomes effective.
Ordinance No. 3520
Page 1 of 3
SECTION 4: That the City Manager, or his designee, is directed to study and evaluate
the current Traffic Calming Policy and recommend appropriate changes
to the Policy to the City Council.
SECTION 5: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, exceptwhere the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, in which event conflicting provisions of such ordinances and
such Code are hereby repealed.
SECTION 6: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in
the Code of Ordinances of the City of North Richland Hills that have
accrued at the time of the effective date of this Ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not
be affected by this Ordinance but may be prosecuted until final disposition
by the courts.
SECTION 7: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 8: This Ordinance shall be in full force and effect from and after its
passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 23rd day of July, 2018.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
Ordinance No. 3520
Page 2 of 3
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, Managing Director
Ordinance No. 3520
Page 3 of 3
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Approve Resolution No. 2018-020 approving an amendment to the
Local Project Advance Funding Agreement for the Davis and Mid-
Cities Intersection Improvement Project for additional grant funds,
authorizing the City Manager to execute the Amendment, and
approving a revision to the FY17-18 Capital Projects Budget in the
total amount of$656,487.
PRESENTER: Justin Naylor, Civil Engineer, Public Works
SUMMARY:
The City Council is being asked to authorize the City Manager to execute an
amendment to the existing Local Project Advance Funding Agreement for the Davis and
Mid-Cities Intersection Improvement Project for additional grant funds and approve a
revision to the FY17-18 Capital Projects Budget in the total amount of$656,487.
GENERAL DESCRIPTION:
The intersection improvements for Davis Blvd and Mid-Cities Blvd (ST0401) began
construction in December 2017 and are currently anticipated to be complete in early
2019. The improvements include adding additional right and left turn lanes on each leg
of the intersection, signalization improvements and storm drain upgrades. The Texas
Department of Transportation (TxDOT) is managing the construction contract.
McMahon Contracting is the contractor for the project.
The original Advanced Funding Agreement (AFA) was approved by City Council in April
of 2014 (Resolution 2014-009). The agreement specifies an 80% / 20% cost sharing
between federal funding (80%) and local funding (20%). The original agreement was
executed prior to the construction contract being let for bidding and due to rising
construction prices, the funding identified in the original agreement does not cover the
full cost of the improvements.
Staff requests a revision to the FY 17-18 Capital Projects Budget for the Davis Blvd /
Mid-Cities Blvd Intersection Project (ST0401) in the total amount of $656,487. This
increase is necessary due to the increase in construction costs. $525,190 of this
increase will be covered with federal Congestion Mitigation and Air Quality funds with
the balance of $131,297 coming from debt issuance of certificates of obligation and
reserves.
MRH
RECOMMENDATION:
Approve Resolution No. 2018-020 approving an amendment to the Local Project
Advance Funding Agreement for the Davis and Mid-Cities Intersection Improvement
Project for additional grant funds, authorizing the City Manager to execute the
Amendment, and approving a revision to the FY17-18 Capital Projects Budget in the
total amount of$656,487.
RESOLUTION NO. 2018-020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
RICHLAND HILLS, TEXAS APPROVING AN AMENDMENT TO THE
LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR THE
DAVIS AND MID-CITIES INTERSECTION IMPROVEMENTS
PROJECT CSJ 0902-48-576; AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY OF
NORTH RICHLAND HILLS, AND APPROVING A REVISION TO
THE FY17-18 CAPITAL PROJECTS BUDGET.
WHEREAS, by resolution 2014-009 passed April 14, 2014, the City Council approved a
Local Transportation Project Advance Funding Agreement (LPAFA) with
the Texas Department of Transportation (TxDOT) regarding the funding of
the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements
Project (ST0401); and
WHEREAS, additional funding has become available to complete the Project; and
WHEREAS, The City of North Richland Hills has allocated an additional $131,298 in
funds to compliment the additional Congestion Mitigation and Air Quality
Improvement funding for the intersection improvements at Davis Blvd., and
Mid-Cities Blvd; and
WHEREAS, TxDOT is willing to amend the existing LPAFA based on the City's
concurrence.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The Recitals set forth above in this Resolution are found to be true and
accurate and are hereby incorporated into this Resolution for all purposes.
SECTION 2. That the City Manager be, and is hereby authorized to execute the attached
Local Transportation Advance Funding Agreement Amendment (CSJ
#0902-48-576) for improvements to the intersection of Davis Boulevard (FM
1938) and Mid-Cities Boulevard with the Texas Department of
Transportation, which includes additional funding for the City's share of
$131,298.
SECTION 3. That the FY17-18 Capital Projects Budget is hereby revised to include
additional funding in the total amount of$656,487.
SECTION 4. That this Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of the
City Council of the City in conflict herewith are hereby amended or repealed
to the extent of such conflict.
Resolution No. 2018-020
Page 1 of 2
PASSED AND APPROVED this the 23r1 day of July, 2018.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mike Curtis, Managing Director of
Public Works
Resolution No. 2018-020
Page 2 of 2
CSJ 0902-48-576
District#02-Fort Worth
Code Chart 64# 30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning &
Construction
CFDA No.: #20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, called the State, and City of North Richland Hills, acting by and
through its duly authorized officials, called the Local Government.
WITNESSETH
WHEREAS, the State and the Local Government executed a contract on May 8th of 2014 to
effectuate their agreement to add right and left turn lanes on all approaches and signalization
improvements on FM 1938 at Mid-Cities Boulevard; and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties, the State and the Local Government do agree as follows:
AGREEMENT
1. Description of Amended Items
Article 8, Compliance with Texas Accessibility Standards and ADA, is deleted in its entirety
and replaced with the following:
8. Compliance with Accessibility Standards
All parties to this Agreement shall ensure that the plans for and the construction of all projects
subject to this Agreement are in compliance with standards issued or approved by the Texas
Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum
accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA).
Article 12, Local Project Sources and Uses of Funds, is deleted in its entirety and replaced
with the following:
AFA—AFA_Amend Page 1 of 8 Revised 03/23/16
CSJ 0902-48-576
District# 02-Fort Worth
Code Chart 64 # 30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning &
Construction
CFDA No.: #20.205
Not Research and Development
12. Local Project Sources and Uses of Funds
A. A Project Budget Estimate is provided in Attachment C. The State and the Federal
Government will not reimburse the Local Government for any work performed before the
federal spending authority is formally obligated to the Project by the Federal Highway
Administration. After federal funds have been obligated, the State will send to the Local
Government a copy of the formal documentation showing the obligation of funds including
federal award information. The Local Government is responsible for one hundred percent
(100%) of the cost of any work performed under its direction or control before the Federal
spending authority is formally obligated.
B. If the Local Government will perform any work under this contract for which reimbursement will
be provided by or through the State, the Local Government must complete training before
federal spending authority is obligated. Training is complete when at least one individual who
is working actively and directly on the Project successfully completes and receives a certificate
for the course entitled Local Government Project Procedures and Qualification for the Texas
Department of Transportation. The Local Government shall provide the certificate of
qualification to the State. The individual who receives the training certificate may be an
employee of the Local Government or an employee of a firm that has been contracted by the
Local Government to perform oversight of the Project. The State in its discretion may deny
reimbursement if the Local Government has not designated a qualified individual to oversee
the Project.
C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also
provided in Attachment C. Attachment C shows the percentage and estimated dollar amount
to be contributed to the project by federal, state, and local sources. The parties agree that the
LPAFA may be amended from time to time as required to meet the funding commitments
based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other
federal document.
D. The Local Government is responsible for all non-federal and non-state funding, unless
otherwise provided for in this agreement or through amendment of this agreement. Where
Special Approval has been granted by the State, the Local Government shall only in that
instance be responsible for overruns in excess of the amount to be paid by the Local
Government.
E. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
for the project. At least sixty (60) days prior to the date set for receipt of the construction bids,
the Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
F. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation." The check or warrant shall be deposited by the State and managed by the
State. Funds may only be applied by the State to the Project. If after final Project accounting
any excess funds remain, those funds may be applied by the State to the Local Government's
AFA—AFA_Amend Page 2 of 8 Revised 03/23/16
CSJ 0902-48-576
District# 02-Fort Worth
Code Chart 64# 30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning &
Construction
CFDA No.: #20.205
Not Research and Development
contractual obligations to the State under another advance funding agreement with approval
by appropriate personnel of the Local Government.
G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the Local
Government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
H. When Special Approval has been granted by the State so that the Local Government bears
the responsibility for paying cost overruns, the Local Government shall make payment to the
State within thirty (30) days from receipt of the State's written notification of those amounts.
I. The state auditor may conduct an audit or investigation of any entity receiving funds from the
State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Any entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
J. Payment under this contract beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
K. The Local Government is authorized to submit requests for reimbursement by submitting the
original of an itemized invoice in a form and containing all items required by the State no more
frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local
Government submits invoices more than ninety (90) days after the costs are incurred, and if
federal funding is reduced as a result, the State shall have no responsibility to reimburse the
Local Government for those costs.
Article 17, Cost Principles and Office of Management and Budget (OMB) Audit
Requirements, is deleted in its entirety and replaced with the following:
17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements
In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles
established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and
allocable to the Project.
Article 18, Notices, is deleted in its entirety and replaced with the following:
AFA—AFA_Amend Page 3 of 8 Revised 03/23/16
CSJ 0902-48-576
District# 02-Fort Worth
Code Chart 64 #30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning &
Construction
CFDA No.: #20.205
Not Research and Development
18. Notices
All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage
prepaid, addressed to that party at the following address:
Local Government: State:
City Manager Director of Contract Services
City of North Richland Hills Texas Department of Transportation
4301 City Point Drive 125 E. 11 Department
North Richland Hills, Texas 76180 Austin, Texas 78701
All notices shall be deemed given on the date delivered in person or deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party may request in writing that notices
shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the
other party.
Article 19, Civil Rights Compliance, is deleted in its entirety and replaced with the following:
19. Civil Rights Compliance
A. Compliance with Regulations: The Local Government will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S.
Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they
may be amended from time to time, which are herein incorporated by reference and made part
of this agreement.
B. Nondiscrimination: The Local Government, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurement of materials and leases of equipment.
The Local Government will not participate directly or indirectly in the discrimination prohibited
by the Acts and the Regulations, including employment practices when the contract covers
any activity, project, or program set forth in Appendix B of 49 CFR Part 21 .
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Local Government for
work to be performed under a subcontract, including procurement of materials or leases of
equipment, each potential subcontractor or supplier will be notified by the Local Government
of the Local Government's obligations under this contract and the Acts and Regulations
relative to Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports: The Local Government will provide all information and reports
required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit
AFA—AFA_Amend Page 4 of 8 Revised 03/23/16
CSJ 0902-48-576
District#02-Fort Worth
Code Chart 64 #30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning&
Construction
CFDA No.: #20.205
Not Research and Development
access to its books, records, accounts, other sources of information, and facilities as may be
determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts,
Regulations or directives. Where any information required of the Local Government is in the
exclusive possession of another who fails or refuses to furnish this information, the Local
Government will so certify to the State or the Federal Highway Administration, as appropriate,
and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the
Nondiscrimination provisions of this contract, the State will impose such contract sanctions as
it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Local Government under the contract until the Local
Government complies and/or
b. cancelling, terminating, or suspending of the contract, in whole or in part.
F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs
(A) through (F) in every subcontract, including procurement of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The Local Government will take such action with respect to any subcontract or
procurement as the State or the FHWA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the Local Government becomes
involved in, or is threatened with, litigation with a subcontractor or supplier because of such
direction, the Local Government may request the State to enter into such litigation to protect
the interests of the State. In addition, the Local Government may request the United States to
enter into such litigation to protect the interests of the United States.
Article 21, Federal Funding Accountability and Transparency Act Requirements, is deleted
in its entirety and replaced with the following:
21. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding
Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part
170, including Appendix A. This agreement is subject to the following award terms:
and
btW_2wYmLwg�oYNw c1/E B:29 110.a.-..1.4/PdY2Q 1 Q-.2.2N 0:
B. The Local Government agrees that it shall:
1 . Obtain and provide to the State a System for Award Management (SAM) number (Federal
Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in
Federal funding. The SAM number may be obtained by visiting the SAM website whose
address is:
AFA—AFA_Amend Page 5 of 8 Revised 03/23/16
CSJ 0902-48-576
District#02-Fort Worth
Code Chart 64 #30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning&
Construction
CFDA No.: #20.205
Not Research and Development
2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a
unique nine-character number that allows the Federal government to track the distribution
of federal money. The DUNS number may be requested free of charge for all businesses
and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration
website and
3. Report the total compensation and names of its top five (5) executives to the State if:
i. More than 80% of annual gross revenues are from the Federal government, and those
revenues are greater than $25,000,000; and
ii. The compensation information is not already available through reporting to the
U.S. Securities and Exchange Commission.
Article 22, Single Audit Report, is deleted in its entirety and replaced with the following:
22. Single Audit Report
A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502,
ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local
Government must submit a Single Audit Report and Management Letter (if applicable) to
TxDOT's Compliance Division, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's
Compliance Division at sin.gleaudits@txdot.gov.
C. If expenditures are less than the threshold during the Local Government's fiscal year, the
Local Government must submit a statement to TxDOT's Compliance Division as follows: "We
did not meet the $__., expenditure threshold and therefore, are not required to have a
single audit performed for FY
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
23. Pertinent Non-Discrimination Authorities, is added with the following:
During the performance of this contract, the Local Government, for itself, its assignees, and
successors in interest agree to comply with the following nondiscrimination statutes and authorities;
including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits
discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27.
AFA—AFk-Amend Page 6 of 8 Revised 03/23/16
CSJ 0902-48.576
District# 02-Fort Worth
Code Chart 64#30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning &
Construction
CFDA No.: #20.205
Not Research and Development
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are Federally funded or
not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38.
1. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures nondiscrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, the parties must take reasonable steps to ensure that LEP persons have meaningful
access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from
discriminating because of sex in education programs or activities (20 U.S.G. 1681 et seq.).
Attachment C, Project Budget Estimate and Source of Funds, is deleted in its entirety, and
replaced with Attachment C-1, Project Budget Estimate and Source of Funds, which is attached to
this amendment. Construction (Federal funds) has increased from $2,332,804.00 to
$2,857,994.00,
All other provisions of the original contract are unchanged and remain in full force and effect.
2. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
AFA—AFA—Amend Page 7 of 8 Revised 03/23/16
CSJ 0902-48-576
District#02-Fort Worth
Code Chart 64#30500
Project: FM 1938 at Mid-Cities Blvd.
Federal Highway Administration
CFDA Title: Highway Planning &
Construction
CFDA No.: #20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Kenneth Stewart
Director of Contract Services
Texas Department of Transportation
Date
AFA—AFA_Amend Page 8 of 8 Revised 03/23/16
CSJ 0902-48-576
District# 02-Fort Worth
Code Chart 64 #30500
Project: FM 1938 at Mid-Cities Blvd
Federal Highway Administration
CFDA Title: Highway Planning & Construction
CFDA No.: #20.205
Not Research and Development
ATTACHMENT C-1
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the
federal funding reaches the maximum obligated amount. The Local Government will then be
responsible for 100% of the costs.
- --- -------- -------- -----
Work Performed b the Local Government
Description Total Est. Cost Federal Funding Payments by Local Participation
State
Cost % Cost % Cost
Engineering Federal funds $471,578 80% $377,262 0% $0 20% $94,316
Engineering Local funds $65,393 0% $0 0% $0 100/7. $65,393
ROW $400,000 80% $320,000 111 0% $0 20% $80,000
Work ormedby the State
---- --------- ---------
Description Total Est. Cost Federal Funding State Payments by Local
Participation Gov't
% Cost % Cost % Cost
Construction (Federal funds) $3,572,493 80% $2,857,994 0% $0 20% $714,499
Construction Local funds $666,930 0% $0 0% $0 100% $666,930
Subtotal 5,176,394 $3,555,256 $0 $1,621,138
State Costs for Review, Inspection, and Oversi ht of Work Performed by the Local Government
------ E$75,000---------- ---------- -
Description . Cost Federal Funding State Payments by Local
Participation Gov't
% Cost % Cost % Cost
Environmental Direct State 80% $60,000 0% $0 20% $15,000
Costs Federal funds Environmental Direct State 5 0% $0 0% $0 100% $485
Costs (Local funds
Right of Way Direct State Costs $15,000 80% $12,000 1 0% $0 1 20% $3,000
Engineering Direct State Costs $102,430 80% $61,944 0% $0 20% $20,486
Federal funds
Engineering Direct State Costs $1,000 0% $0 0% $0 100% $1,000
(Local funds)
Utility Direct State Costs $5,000 80% $4,000 0% $0 20% $1,000
Construction Direct State Costs $392,203 80% $313,762 0% $0 20% $78,441
Federal funds) iiiiiiiiiiii
Construction Direct State Costs $89,702 0% $0 0% $0 100% $89,702
(Local funds)
,Indirect State Costs $218,312 0% $0 100% $218,312 0% $0
TOTAL $6,075,526 $4,026,962 $218,312 $1,830,252
Payment made by the Local Government to the State: $1 ,459,245.00
Payment by the Local Government at the time of execution: $131,298.00
Estimated total payment by the Local Government to the State $1,590,543.00
This is an estimate. The final amount of Local Government participation will be based on actual costs.
AFA-LPAFA_ShortGen.doc Page 1 of 1 Attachment C-1
Street & Sidewalk Capital Projects
Davis Blvd / Mid-Cities Blvd Intersection
ST0401
PROJECT DESCRIPTION 8 JUSTIFICATION
This project consist of intersection improvements at the Davis Blvd and Mid-Cities Blvd Intersection. The improvements include
adding additional right and left turn lanes, signalization improvements, and all necessary water and sewer main adjustments.
This project is a 2003 Bond Program Project. This intersection is located on a major east/west and north/south thoroughfare
that runs through NE Tarrant County. Heavy traffic congestion is experienced during peak hours.As of 2006, more than
53,000 vehicles travel this intersection per day. In the future, this intersection will experience significant development which will
add to the traffic congestion. Improvements to this intersection will reduce the traffic congestion and provide added capacity to
handle future traffic volumes.
PROJECT STATUS ORIGINAL 2017/18 ORIGINAL 2017118
START DATE REVISION END DATE REVISION
Professional Services 10/2013 05/2008
Engineering 07/2008 10/2014
Land/ROW Acquisition 08/2014 04/2017 10/2017
Construction 06/2017 11/2017 02/2018 04/2019
Other
REVISION EXPLANATION
Additional funds are needed to cover an increase in both engineering and construction cost on the project. Recently, the
Regional Transportation Council approved a modification to the Transportation Improvement Program (TIP)which allows for
additional federal fundings on this project. The increase amount of$656,487 was approved, with a 80120 split.The city would
be responsible for$130,000 from Certificates of Obligation and $1,297 from General Fund Reserves.
FINANCIAL DATA
ADOPTED REVISED TOTAL
BUDGETTHRU PROJECT BUDGETTHRU REMAINING PROJECT
2017/18 REVISION 2017/18 BALANCE COST
RINDINO$QURCE6"
GO Bonds $1,050000 $1,050,000 $1,050,000
CO Bonds 500,000 130,004 630,000 $630,000
Grant 3,720 084 525,1.90'.. 4,245,274 $4,245,274
Reserves 1,432 660 1,297' 1,433,957 $1,433,957
0 $0
Total $6,702,744 W-56,487 $7,359,231 $0 $7,359,231
PROJECT EXPENDITURES
Professional Services $107,000 $107,000 $107,000
Engineering/Design 582,000 90,493 672,493 $672,493
Land/ROW Acquistion 400,000 400,000 $400,000
Construction 4,713 755 565;994''. 5,279,749 $5,279,749
Other 899,989 899,989 $899,989
Total $6,702,744 ! 656,487 $7,359,231 $0 $7,359,231
IMPACT ON OPERATING BUDGET
No additional Impact is projected with this project.
ANNUAL OPERATING IMPACT 1 2017/18 1 2018119 1 2019/20 1 2020121 1 2021/22 1 TOTAL
Projected I I I I 1 1 $0
MRH
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Approve Reimbursement Resolution No. 2018-015 for the Revised
Fiscal Year 2017/2018 Capital Improvement Program and associated
equipment and services in an amount not to exceed $750,000
PRESENTER: Mark Mills, Director of Finance
SUMMARY:
The 2017/2018 Revised Capital Projects Budget includes two project revisions to be
funded with certificates of obligation. The City Council is requested to consider
approval of a reimbursement resolution. This resolution allows the obligation and
expenditure of funds prior to the issuance of the certificates, and allows the City to
reimburse the funds used with bond proceeds.
GENERAL DESCRIPTION:
The 2017/2018 Revised Capital Projects Budget includes two project revisions to be
funded with certificates of obligation. One of the revised projects — Davis Blvd / Mid
Cities Blvd Intersection — includes additional grant funding that will require the City to
amend an existing Advance Funding Agreement with the Texas Department of
Transportation (TXDOT). City funds related to this agreement will likely be required
prior to the issuance of the related certificates of obligation.
The second project is the Walker Branch Interceptor Project; consisting of the
replacement of approximately 5,500 feet of sewer line in the area of the Smithfield
Transit Oriented Development (TOD). The additional funding requirement for this
project is directly related to increases in material and labor costs.
The City Council is requested to consider approval of a reimbursement resolution.
Approving a reimbursement resolution for these items allows the obligation and
expenditure of funds prior to the issuance of the certificates, and allows the City to
reimburse the funds used with bond proceeds. In order to reimburse expenditures with
the proceeds of future debt, a resolution must be approved authorizing such
reimbursement. The Council last approved a similar resolution in November 2017. The
reimbursement resolution itself does not authorize the issuance of bonds; it only
stipulates that any expenses made before the bond sale may be reimbursed with bond
MRH
proceeds. Any interim funding required will be appropriated from existing reserves and
will be repaid upon receipt of the bond proceeds. A Fall 2018 bond sale is anticipated.
Since the adoption of the FY 2017/2018 budget, $730,000 in additional capital needs
have been identified for two previously authorized projects. The additional funding
would be achieved through the issuance of certificates of obligation. The
reimbursement resolution prepared for Council approval includes the projects contained
in the following table:
Project Debt Project Project
Type Type Number Title Amount
Street CO ST0401 Davis Blvd / Mid Cities Blvd Intersection $130,000
Utility CO UT1607 Walker Branch Interceptor Project $600,000
Estimated Issuance Cost $20,000
Total $750,000
The estimated total amount of debt for these projects, including issuance cost, is
$750,000.
RECOMMENDATION:
Approve Reimbursement Resolution No. 2018-015 for the Revised Fiscal Year
2017/2018 Capital Improvement Program and associated equipment and services in an
amount not to exceed $750,000.
RESOLUTION NO. 2018-015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AUTHORIZING
REIMBURSEMENT OF CAPITAL EXPENDITURES WITH
RESPECT TO PROCEEDS OF DEBT HEREAFTER TO BE
INCURRED.
WHEREAS, the City of North Richland Hills, Texas (the "Issuer") intends to issue
debt for the construction, improvement, and/or acquisition of street and sidewalk
capital projects and utility capital projects as more specifically identified on
attached Exhibit A (collectively, the "Project') and further intends to make certain
capital expenditures with respect to the Project and currently desires and expects
to reimburse capital expenditures with proceeds of such debt; and
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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS THAT:
1. The Recitals set forth above in this Resolution are found to be true and
accurate and are hereby incorporated into this Resolution for all purposes.
2. 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 of obligations
expected to be issued for the Project is $750,000.
AND SO IT IS RESOLVED.
PASSED AND APPROVED this the 23rd day of July, 2018.
CITY OF NORTH RICHLAND HILLS,
TEXAS
Oscar Trevino, Mayor
Resolution Nu.'018-015
Page 1 of
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Mark C. Mills, Director of Finance
Reiolutinn No.2018-015
Page 2 of 3
EXHIBIT A
PROJECTS INCLUDED IN REIMBURSEMENT RESOLUTION
(collectively, the "Project'g
Project Debt Project Project
Type Type Number Title Amount
Street CO ST0401 Davis Blvd /Mid Cities Blvd Intersection $130,000
Utility CO UT1607 Walker Branch Interceptor Project $600,000
Estimated Issuance Cost $20,000
Total $750,000
Resolutlun No.2018-015
Page 3 of 3
COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Consider Resolution No. 2018-022, for the Department of Justice
Community Oriented Policing Services School Violence Prevention
FY 2018 Grant Program
PRESENTER: Jimmy Perdue, Director of Public Safety
SUMMARY:
The Students, Teachers, and Officers Preventing School Violence Act of 2018
gave the Community Oriented Policing Services Office (COPS) authority to
provide awards directly to states, units of local government, or Indian tribes to
improve school safety and security measures at schools and on school grounds
in the jurisdiction of the grantee. The Police Department is seeking authorization
to apply for grant funding to acquire and install, at the schools in the Birdville
Independent School District (BISD), enhanced emergency radio communication
for expedited notification and law enforcement response to an emergency in the
schools; door access control upgrades, access cards for faculty, and ID cards for
students and teachers for additional security measure improvements.
GENERAL DESCRIPTION:
Congresswoman Kay Granger introduced legislation earlier this year that
provides needed safety measures for schools. She successfully fought to include
parts of her bill in the Stop School Violence Act, which was added to the Fiscal
Year 2018 government funding bill (H.R. 1625) that became law in March.
Through the Bureau of Justice Assistance's section of the STOP School Violence
Act of 2018, the new COPS Stop School Violence Program (SVPP) is designed
to provide funding to improve security at schools and on school grounds in the
jurisdiction of the grantee through evidence-based school safety programs. Each
award recipient may receive a maximum federal share of $500,000 funding
through this competitive award program. Grantees must provide cash matching
funds of at least 25 percent of the total project cost.
The Police Department is seeking authorization to apply for and utilize available
grant funding to acquire and install enhanced emergency radio communication at
the schools in Birdville ISD for expedited notification and law enforcement
response to an emergency in the schools; door access control upgrades, access
cards for faculty, and ID cards for students and teachers for additional security
measure improvements. BISD will be required to contribute a local cash match of
at least 25 percent toward the total cost of the approved award project during the
award period. The specified goals, objectives and targets for the project will be
developed and completed before the award announcements expected to be
made the end of September.
RECOMMENDATION:
Approve Resolution No. 2018-022
RESOLUTION NO. 2018-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, AUTHORIZING
SUBMISSION OF THE GRANT APPLICATION FOR THE
DEPARTMENT OF JUSTICE COMMUNITY ORIENTED
POLICING SERVICES SCHOOL VIOLENCE PREVENTION FY
2018 GRANT PROGRAM
WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply
for and to make appointments for the conduct of business relative to the
Department of Justice Community Oriented Policing Services School
Violence Prevention FY 2018 Grant Program designed to provide funding
to improve security at schools and on school grounds; and
WHEREAS, The City Council of North Richland Hills finds it is in the best interest of the
citizens of North Richland Hills to request the funds available under this
program to acquire and install enhanced emergency radio communication
for expedited notification and law enforcement response to an emergency
in the Birdville Independent School District; door access control upgrades,
access cards for faculty, and ID card for students and teachers for
additional security measure improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, THAT:
SECTION 1. The City Council hereby finds that the recitals set forth above are true and
correct and are incorporated into this Resolution as if written herein.
SECTION 2. The City Council of North Richland Hills hereby authorize and approve the
submission of the grant application for the Department of Justice
Community Oriented Policing Services School Violence Prevention FY
2018 Grant Program and make appointments for the conduct of business
relative to the grant.
SECTION 3. The City Council of the City of North Richland Hills designates Public
Safety Director Jimmy Perdue as the grantee's authorized official, with the
power to apply for, accept, reject, alter or terminate the funding request on
behalf of the applicant agency.
SECTION 4. The City Council of North Richland Hills agrees that in the event of loss or
misuse of COPS Office funds or failure to comply with all COPS Office
award requirements may result in suspension or termination of award
funds, the repayment of award funds, and/or other remedies available by
I aw.
SECTION 5. This Resolution shall take effect and be in full force and effect from and
after the date of its adoption, and it is so resolved; and all Resolutions of
Resolution No. 2018-022
Page 1 of 2
the City Council of the City in conflict herewith are hereby amended or
repealed to the extent of such conflict.
PASSED AND APPROVED on this 23rd day of July, 2018.
CITY OF NORTH RICHLAND HILLS
By:
Oscar Trevino, Mayor
ATTEST:
Alicia Richardson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Maleshia B. McGinnis, City Attorney
APPROVED AS TO CONTENT:
Jimmy Perdue, Public Safety Director
Resolution No. 2018-022
Page 2 of 2
?g1kH
NOKTH KICHL,AND HILLS
CITY COUNCIL MEMORANDUM
FROM: The Office of the City Manager DATE: July 23, 2018
SUBJECT: Announcements
PRESENTER:
GENERAL DESCRIPTION:
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.
Announcements:
The NRH Library invites you to learn about the Magic of Owls this Friday, starting at 2
p.m. The special presentation by Blackland Prairie Raptors is open to ages 6 and up.
Afterwards, enjoy the Harry Potter Birthday Celebration at the Library from 3 to 5 p.m.
Please visit the Library website for more information.
The Common Ground Community Garden and Keep NRH Beautiful invite you to a free
Fall Gardening Seminar starting at 9:30 a.m. on Saturday, August 4, at the Library.
Attendees will learn about bees, planting bulbs, composting, and how to test your soil.
Master gardeners will also be present to answer questions. Visit the city's website or
call Neighborhood Services for more information.
The Animal Adoption & Rescue Center is hosting a Low Cost Pet Vaccination Clinic on
Saturday, August 4. Bring your pet by between 10 a.m. and Noon for a rabies shot,
registration tag and microchip. Contact Animal Services for more information.
Kudos Korner:
Every Council Meeting, we spotlight our employees for the great things they do. Tonight
we recognize:
Rayneice Jones in Neighborhood Services — A resident emailed his appreciation for
Rayneice's response to his complaint about a property with multiple code violations in
his neighborhood. He said she is "a caring professional that takes pride in a position
that is often quite frustrating. She listens to our concerns and takes the appropriate
actions to remediate the code infractions. This young lady is truly an asset to our
community!"