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Home My WebLink AboutCC 2014-04-13 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 14, 2014 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Discuss Proposed Restrictions on Electronic Vaping Devices for Minors (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for consultation with attorney to seek advice about pending or threatened litigation or a settlement offer B.2 Executive Session: Pursuant to Section 551.074 Deliberation of Personnel Matters - Deliberate the Appointment, Employment, Evaluation Duties of Public Officers and Employees to wit: City Secretary C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 11, 2014 at N\ 2 a.m. 6/6 q14.A.E.0 A.sistant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda—April 14,2014 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, April 14, 2014 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: o City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. City Council Agenda—April 14,2014 Page 2 of 4 B.1 Approval of Minutes of March 24, 2014 City Council Meeting B.2 Award Bid RFB 14-019 for the purchase of equipment to B&L Crematory Systems, Inc. and approve change order#1 B.3 Authorize Payment to the City of Fort Worth in the amount of $73,152 for the annual radio system services infrastructure B.4 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No. 2014-010 C.0 PUBLIC HEARINGS C.1 PV 2014-01 Consideration of a Plat Vacation for Lots 1-4, Block A, Lots 1-3, Block B, & Lots 1A-3, Block C, Briar Pointe Villas as filed by Final Plat in Cabinet A, Slide 12448, Plat Records, Tarrant County, Texas; being 1.59 acres located in the 8200 and 8300 block of Main Street. (THIS IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.2). C.2 RP 2014-01 Public Hearing and Consideration of a request from Keith Hamilton for a Replat for Briar Pointe Villas on 1.998 acres located at 8328 Amundson Drive C.3 ZC 2014-07 Public Hearing and Consideration of a request from Dyoungco Construction Services and Design, LLC for a Zoning Change from AG Agricultural to R-1 Single Family Residential (0.74 acre) and R-1-S Special Single Family Residential (1.85 acres) on 2.5934 acres located at 7100 Bursey Rd - Ordinance No. 3304 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2014-06 Consideration of a Request from Dyoungco Construction Services and Design, LLC for a Final Plat of Lots 3-5, Block 1, Pearson Subdivision on 2.59 acres described as Tract 1A4 of the Thomas Spronce Survey, Abstract No. 1399; being located at 7100 Bursey Road E.0 PUBLIC WORKS E.1 Award RFB 14-018 to Intermountain Slurry Seal, Inc. for the City's Slurry Sealing Application E.2 Approve a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for Improvements at the Intersection of Davis Boulevard (FM 1938) and Mid-Cities Boulevard - Resolution No. 2014-009 F.0 GENERAL ITEMS City Council Agenda—April 14,2014 Page 3 of 4 F.1 Appointment to the Board of Adjustment - Place 7 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lombard H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on April 11, 2014 at \1 ':25 a.m. 1/ tit � Ass st.nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda—April 14,2014 Page 4 of 4 1 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 14, 2014 5:30 P.M. A.0 Discuss Items from Regular City Council Meetinq A.1 Discuss Proposed Restrictions on Electronic Vaping Devices for Minors (10 Minutes B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for consultation with attorney to seek advice about pending or threatened litigation or a settlement offer B.2 Executive Session: Pursuant to Section 551.074 Deliberation of Personnel Matters - Deliberate the Appointment, Employment, Evaluation Duties of Public Officers and Employees to wit: City Secretary C.0 Adjournment 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.1 Discuss Proposed Restrictions on Electronic Vaping Devices for Minors (10 Minutes) Presenter: Jimmy Perdue, Public Safety Director Summary: The Police Department is seeking Council direction on an ordinance prohibiting the possession and purchase of electronic vaping devices by minors and the sale and distribution of electronic vaping devices to minors. These devices, also known as electronic cigarettes or e- cigarettes, have been found for sale in North Richland Hills. It has determined that it is in the best interest and welfare of the citizens of North Richland Hills to prohibit the possession and purchase of electronic vaping devices by minors and the sale and distribution of electronic vaping devices to minors. General Description An electronic vaping device is an electronically- powered or battery - powered device designed to simulate the smoking of tobacco, cigarettes, pipes or cigars. The 2012 National Youth Tobacco Survey shows that the use of electronic vaping devices by U.S. high school students has doubled from the previous year to 2.8 %. Studies have shown that electronic vaping devices can serve as a "gateway" to smoking traditional tobacco products which are illegal for minors to purchase or possess. It has been investigated and determined that electronic vaping devices permit users of the devices to inhale vapor containing variable amounts of nicotine and other harmful toxicants and exposure to electronic vaping devices by minors is a serious health concern. These devices have been found for sale in North Richland Hills. Currently, no federal or state legislation exists that regulate or control these devices. It is in the best interest and welfare of the citizens of North Richland Hills to prohibit the possession and purchase of electronic vaping devices by minors and the sale and distribution of electronic vaping devices to minors. Upon Council approval of this ordinance, the Police Department will work with local business owners in gaining compliance. Discussion: See attached draft of amendment to Chapter 42 of Code of Ordinances by adding Division 4 to Article 4, Electronic Vaping Devices. 10114 101N1]124rilkq Cy=1111124I0 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE CODE OF ORDINANCES BY ADOPTING REGULATIONS PROHIBITING THE POSSESSION AND PURCHASE OF ELECTRONIC VAPING DEVICES BY MINORS AND THE SALE AND DISTRIBUTION OF ELECTRONIC VAPING DEVICES TO MINORS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has investigated and determined that electronic vaping devices permit users of the devices to inhale vapor containing variable amounts of nicotine and other harmful toxicants; and WHEREAS, the City Council has further investigated and determined that exposure to electronic vaping devices by minors is a serious health concern; and WHEREAS, the City Council has further investigated and determined that the 2012 National Youth Tobacco Survey shows that the use of electronic vaping devices by U.S. high school students has doubled from the previous year to 2.8 %; and WHEREAS, the City Council has further investigated and determined that medical and pharmacological experts have opined that electronic vaping devices contain nicotine in a liquid form that may escape from the devices and be ingested by minors which may cause symptoms such as hyperactivity, flushing, sweating, headache, dizziness, rapid heart rate, vomiting, diarrhea, burning and irritation of the skin and, in severe cases, may result in a coma or death; and WHEREAS, the City Council has further investigated and determined that studies have shown that electronic vaping devices can serve as a "gateway" to smoking traditional tobacco products which are illegal for minors to purchase or possess; and WHEREAS, the City Council has further investigated and determined that electronic vaping devices are currently not regulated by the State of Texas or the federal government; and WHEREAS, the City Council has determined that it is in the best interest and welfare of the citizens of North Richland Hills to prohibit the possession and purchase of electronic vaping devices by minors and the sale and distribution of electronic vaping devices to minors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Chapter 42 of the North Richland Hills Code of Ordinances be amended by adding a new Division 4 to Article IV, entitled "ELECTRONIC VAPINC DEVICES," which shall read as follows: dielpmro iL' M=111X011:t0l24 l[y► /=1,124 [HI] =AA [y=+l Sec. 42 -215. Definitions. (1) Electronic vaping device shall mean any electronically powered or battery powered device designed to simulate the smoking of tobacco, cigarettes, pipes or cigars. An electronic vaping device includes personal vaporizers, electronic cigarettes (e- cigarettes), electronic pipes (e- pipes), electronic cigars (e- cigars) and any other type of electronic nicotine delivery system or any part thereof. (2) Minor shall mean a person younger than 18 years of age. (3) Person shall mean an individual, corporation, sole proprietorship, and any other type of business entity recognized under Texas law. Sec. 42 -216. Sale or Distribution of Electronic Vaping Devices to Minors Prohibited. (a) A person commits an offense if with criminal negligence the person sells, gives or causes to be sold or given an electronic vaping device to a minor or to a person who intends to deliver it to a minor. (b) If the offense under this section occurs in connection with a sale of an electronic device at a business by an employee of the business, the employee who committed the offense is subject to prosecution. (c) It is a defense to prosecution under subsection (b) that at the time of the sale, the minor presented the person with an apparently valid proof of identification showing the minor was at least 18 years of age. (d) A proof of identification satisfies the requirements of subsection (c) if it contains the name of the minor, a photograph resembling the appearance of the minor and was issued by a state or federal government agency. (e) It is not a defense under this section that the minor purchased the electronic vaping device from a vending machine or other self - service merchandising mechanism if the machine or mechanism was located on the premises of the person. Sec. 42 -217. Possession of Electronic Vaping Devices by Minors Prohibited. (a) A minor commits an offense if the minor possesses, purchases or attempts to purchase an electronic vaping device. (b) A minor commits an offense if the minor falsely represents himself or herself to be 18 years of age or older for the purpose of purchasing or receiving an electronic vaping device. (c) It shall be a defense to prosecution for a violation of this section if at the time of the purchase, the minor: (1) was in the presence of an adult parent or legal guardian of the minor; (2) was in the course of scope of the minor's employment and the purchase of the electronic vaping device was a part of the duties of such employment; or (3) was participating in an inspection or test of compliance in conjunction with local law enforcement." Section 2: 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 3: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of this Ordinance or any other ordinances regarding the possession or sale of electronic vaping devices to minors, which 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 4: Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of this Ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 5: The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause, publication clause and effective date clause of this ordinance. Section 6: This ordinance shall be in full force and effect from and after its passage and publication as required by law, 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code for consultation with attorney to seek advice about pending or threatened litigation or a settlement offer Presenter: George Staples, City Attorney 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.2 Executive Session: Pursuant to Section 551.074 Deliberation of Personnel Matters - Deliberate the Appointment, Employment, Evaluation Duties of Public Officers and Employees to wit: City Secretary Presenter: Mark Hindman, City Manager 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. C.0 Adjournment City of North Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, April 14, 2014 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of March 24, 2014 City Council Meetinq B.2 Award Bid RFB 14 -019 for the purchase of equipment to B &L Crematory Systems, Inc. and approve change order #1 B.3 Authorize Payment to the City of Fort Worth in the amount of $73,152 for the annual radio system services infrastructure B.4 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No. 2014 -010 C.0 PUBLIC HEARINGS C.1 PV 2014 -01 Consideration of a Plat Vacation for Lots 1 -4. Block A. Lots 1 -3 Block B, & Lots 1 A -3, Block C, Briar Pointe Villas as filed by Final Plat in Cabinet A, Slide 12448, Plat Records, Tarrant County. Texas; being 1.59 acres located in the 8200 and 8300 block of Main Street. (THIS IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.2). C.2 RP 2014 -01 Public Hearing and Consideration of a request from Keith Hamilton for a Replat for Briar Pointe Villas on 1.998 acres located at 8328 Amundson Drive C.3 ZC 2014 -07 Public Hearina and Consideration of a reauest from Dvounaco Construction Services and Design, LLC for a Zoning Change from AG Agricultural to R -1 Single Family Residential (0.74 acre) and R -1 -S Special Single Family Residential (1.85 acres) on 2.5934 acres located at 7100 Bursey Rd - Ordinance No. 3304 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2014 -06 Consideration of a Request from Dvounqco Construction Services and Design, LLC for a Final Plat of Lots 3 -5, Block 1, Pearson Subdivision on 2.59 acres described as Tract 1 A4 of the Thomas Spronce Survey, Abstract No. 1399; being located at 7100 Bursey Road E.0 PUBLIC WORKS E.1 Award RFB 14 -018 to Intermountain Slurry Seal, Inc. for the City's Slurry Sealinq Application E.2 Approve a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for Improvements at the Intersection of Davis Boulevard (FM 1938) and Mid - Cities Boulevard - Resolution No. 2014 -009 F.0 GENERAL ITEMS F.1 Appointment to the Board of Adjustment - Place 7 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Lombard H.2 Adjournment 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.1 Invocation - Councilman Turnage 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.2 Pledge - Councilman Turnage 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. A.5 Removal of Item(s) from the Consent Agenda 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.1 Approval of Minutes of March 24, 2014 City Council Meeting Presenter: Monica Solko, Assistant City Secretary Recommendation: To approve the minutes of the March 24, 2014 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 — MARCH 24, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 24th day of March 2014 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott T urn age Tim Welch Staff Members Call to Order Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Monica Solko George Staples Mary Peters Kristin James John Pitstick Larry Koonce Stan Tinney Kyle McAfee Craig Hulse Jimmy Cates Greg VanNieuwenhuize Jason Moore Boe Blankenship Alan Knapp Mike Hamlin Clayton Comstock Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Fire Chief Assistant Fire Chief Economic Development Director Operations Manager — Public Works City Engineer Management Assistant— Public Works Public Works Superintendent Public Works Superintendent Assistant Police Chief Senior Planner (arrived at 6:07 p.m.) Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting There were no questions from Council. A.1 Report on 2013 Citizen Survey Results Mary Peters, Public Information Officer, summarized the item. The City of North Richland Hills contracted with the University of North Texas Survey Research Center to conduct a citizen survey in late 2013. Mrs. Peters introduced Dr. Nicole Dash, Associate Dean. Dr. Dash presented a Power Point presentation on the survey findings. Overall, the survey results were very positive: 96.5% of respondents rated the quality of life in NRH as excellent or good; 97.6% would recommend NRH to a friend or family member as a good place to live; and 94.2% plan to remain in NRH for several years. The survey data will help City staff determine which programs and services the city is providing well and where improvements can be made. The data includes comparisons to the 2005, 2007, 2009 and 2011 North Richland Hills survey results, which will also help staff in measuring our improvements. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the south sector of the City B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to confer with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive Project eminent domain Mayor Trevino announced at 6:28 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the south sector of the city and 2) to confer with attorney.to seek advice about pending or contemplated litigation — Rufe Snow Drive eminent domain. C.0 Adjournment Mayor Trevino announced at 6:56 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order March 24, 2014 at 7:11 p.m. Present: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott T urn age Tim Welch Staff: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director Assistant City Secretary Attorney A.1 INVOCATION Mayor Pro Tem Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Rodriguez led the pledge of allegiance with help from Jeremiah Lehr, Boy Scout Troop 179. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION Ms. Trudie Troublefield presented the Council with a memento for the kick -off of the 14th Annual Bunny & Bear Drive benefiting Cook Children's Medical Center in Fort Worth. The Bunny & Bear Drive will be collected from March 24th through April 3rd. Donation boxes are located in the lobbies of the Library, NRH Centre and City Hall. None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS ❑ PPRnvPn B.1 APPROVAL OF MINUTES OF MARCH 3, 2014 CITY COUNCIL MEETING B.2 AWARD RFB 14 -016 FOR SANITARY SEWER REHABILITATION (PHASE 1) TO CANARY CONSTRUCTION, INC. IN THE AMOUNT OF $877,055 B.3 AWARD RFB 14 -016 FOR SANITARY SEWER REHABILITATION (PHASE 1) TO CANARY CONSTRUCTION, INC. IN THE AMOUNT OF $877,055 B.4 AWARD BID 14 -013 FOR ANNUAL NRH20 FOOD SERVICE PRODUCTS TO MULTIPLE VENDORS IN AN AMOUNT NOT TO EXCEED $175,000 B.5 RENEW BID NO. 13 -012 FOR AQUATIC CHEMICALS TO D.C.C., INC. AND VALLEY SOLVENTS & CHEMICALS IN AN AMOUNT NOT TO EXCEED $98,500 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA RP 2013 -15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE BOUSQUET GROUP, INC FOR A REPLAT FOR LOT 1 R, BLOCK 2, COLLEGE CIRCLE SHOPPING CENTER ADDITION ON 0.924 ACRES LOCATED AT 5901 DAVIS BOULEVARD APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. Mr. Tim Attlee, 8312 Boulder River Trail, McKinney came forward. Mr. Attlee explained that the request is for a replat combining two existing lots into one to accommodate the development of the approved express car wash at 5901 David Boulevard. He was available to answer any questions the Council might have. Clayton Comstock, Senior Planner, presented the item. The Bousquet Group is requesting approval of a replat to combine two commercial lots into one lot of 0.924 acre for the purpose of developing an express conveyor tunnel car wash located at the northwest corner of Davis Boulevard and College Circle (5901 Davis Boulevard and 7801 College Circle). The Planning & Zoning Commission recommended approval by a 6 -0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. MAYOR PRO TEM RODRIGUEZ MOVED To APPROVE RP 2013 -15. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.2 ZC 2014 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DARREN AND ANGELA WHITTEN FOR A ZONING CHANGE FROM AG AGRICULTURAL & R -1 SINGLE FAMILY RESIDENTIAL TO R -1 -S SPECIAL SINGLE FAMILY RESIDENTIAL ON 2.99 ACRES LOCATED AT 6728 MEADOW RD. - ORDINANCE NO. 3303 APPROVED Mayor Trevino opened the public hearing and called for the applicant to come forward. Darren Whitten, 6728 Meadow Road, owner of the property came forward. Mr. Whitten explained that the request was for a zoning change and a final plat at 6728 Meadow Road. Approval of the changes would allow him to build an addition to his existing home on the property. John Pitstick, Planning and Development Director, requested to present items C.2 (ZC 2014 -05) and DA (FP 2014 -01) since the items were related. Darren and Angela Whitten are requesting approval of a zoning change from AC Agricultural and R -1 Single Family Residential to the R -1 -S Special Single Family District for a 2.99 -acre parcel at 6728 Meadow Road. The applicant intends to construct a 1,000+ square -foot addition to the existing 2,310 square foot home. Item D.1 is the approval of a Final Plat for a 2.99 -acre lot at 6728 Meadow Road. As the property is not currently platted, it must go through the platting process in order to issue a building permit for the expansion. The Planning & Zoning Commission recommended approval by a 6 -0 vote for ZC 2014 -05 and FP 2014 -01. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TD APPROVE ORDINANCE NO. 3303; ZC 2014 -05. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PUBLIC WORKS Items to follow do not require a public hearing. D.1 FP 2014 -01 CONSIDERATION OF A REQUEST FROM DARREN AND ANGELA WHITTEN FOR A FINAL PLAT OF LOT 2, BLOCK 1, COPE ADDITION ON 2.99 ACRES LOCATED AT 6728 MEADOW RD. ❑ PPRC]VPn This item was related to the previous item C.2 and was presented and discussed in item C.2. Mayor Trevino entertained a motion for item D.1. COUNCILWOMAN WRIGHT OUJESKY MOVED To APPROVE FP 2014 -01. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. No items for this category. E.0 PUBLIC WORKS F.0 GENERAL ITEMS F.1 CERTIFICATION OF UNOPPOSED CANDIDATES, CANCELLING ELECTION AND DECLARING UNOPPOSED CANDIDATES ELECTED TO OFFICE — ORDINANCE NO. 3302 APPROVED Monica Solko, Assistant City Secretary, summarized the item. The Texas Election Code provides for the cancellation of an election when each candidate whose name is to appear on a ballot is unopposed and there are no write -in candidates. The filing deadline for a place on the ballot for the May 10, 2014 City Council Election was February 28, 2014. At the conclusion of the filing deadline, the candidates who filed for a place on the ballot were unopposed. The law states that the authority responsible for preparing the official ballot (City Secretary) shall certify in writing and deliver to the governing body a certification of unopposed status. On receipt of the certification, the City Council may declare the unopposed candidates elected to office and cancel the election. Ordinance No. 3302 declares the below candidates elected to office and cancels the May 11 election. Mayor Oscar Trevino Council Place 2 Rita Wright Oujesky Council Place 4 Tim Barth Council Place 6 Scott Turnage COUNCILMAN LOMMBARD MOVED To ACCEPT THE CERTIFICATION OF UNOPPOSED STATUS AND APPROVE ORDINANCE No. 3302. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 APPOINTMENT TO KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION - ALTERNATE POSITION APPROVED Monica Solko, Assistant City Secretary, summarized the item. The Keep North Richland Hills Beautiful Commission currently has a vacancy in the Alternate position. Mayor Trevino is recommending the appointment of Ms. Tiffany Eddleman to fill the unexpired position. COUNCILWOMAN WRIGHT ❑UJESKY MOVED To APPOINT TIFFANY EDDLEMAN TO THE KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION, ALTERNATE POSITION. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.3 APPOINTMENT TO THE TEEN COURT ADVISORY BOARD - PLACE 4 APPROVED Monica Solko, Assistant City Secretary, summarized the item. The Place 4 position on the Teen Court Advisory Board is currently vacant. The Code of Ordinances provides that the City Councilmember who holds the corresponding council place makes appointments to this Board. Councilman Barth is recommending the appointment of Francis E. Lambright, Jr. to fill the unexpired position. COUNCILMAN LOMBARD MOVED To APPOINT FRANCIS E. LAMBRIGHT, JR. TO THE TEEN COURT ADVISORY BOARD, PLACE 4. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS HA ANNOUNCEMENTS Councilwoman Wright Oujesky made the following announcements. Join us on Tuesday, April 1 st for `Round the Town with Oscar. This informal and fun 10- mile bike ride will start at the NRH Centre parking lot at 5:45 p.m. Rides will be held monthly through November. If you have questions or need more information, call the NRH Centre at 817- 427 -6600. We also invite you to join us for the Mayor's 5K Walk on Saturday, April 5 at the NRH Centre. There will be a warm up at 8:45 a.m. and the walk will begin at 9 a.m. Mayor's Walk T- Shirts can be purchased at the NRH Centre for $10. For more information, call 817- 427 -6600. The Youth Advisory Committee is hosting its 3rd Annual Dog Show from 1 p.m. to 3 p.m. on Sunday, April 6, at Tipps Canine Hollow dog park. Participants can register in advance or on site the day of the show. All proceeds benefit the NRH Animal Adoption & Rescue Center. Donations of pet food and cat litter will also be collected. For a registration form or more information, visit the city's website or call 817- 427 -6015. Kudos Korner - Angel Bellard and Staff in the Utility Customer Service Office. A citizen sent a thank you note on behalf of her mother who has Alzheimer's. She had contacted the utility office regarding a larger than expected bill and Angel and her staff went above and beyond what was expected to help her. "I'm sure if my mom could truly understand she would also say thanks," the note stated. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:34 p.m. Oscar Trevino — Mayor ATTEST: Monica Solko, Assistant City Secretary 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.2 Award Bid RFB 14 -019 for the purchase of equipment to B&L Crematory Systems, Inc. and approve change order #1 Presenter: Chris Amarante Summary: The City Council is being asked to award Bid RFB 14 -019 for the purchase of a crematory for the new Animal Adoption and Rescue Center and approve change order #1. General Description: The Capital Improvement Project budget for ES0201 NRH Animal Adoption and Rescue Center, includes the purchase of a crematory to be used at the new facility. The city will purchase the crematory and the general contractor, Modern Contractors, will assist the manufacturer with the installation of the unit. We will not be moving the existing crematory to the new facility because it is 20+ years old and is in disrepair. Additionally, to move it would require it to be re- permitted with the Texas Commission on Environmental Quality and it would be very costly and still unlikely that it would meet the requirements necessary to be re- permitted. Notice of the city's intent to bid was advertised via Public Purchase and posted on the city's Purchasing Department website. Five vendors were contacted and requested to participate in this process. The city received two (2) bids from the following vendors: Project Total Base Bid Air Pollution Control Products, Inc. $43,600.00 B & L Cremation Systems $75,250.00 A committee comprised of staff from Neighborhood Services and Facilities and Construction reviewed the two bids. The committee reviewed the lowest bid proposal and determined Air Pollution Control Products Inc. did not meet the city's specifications and requirements outlined in the RFB 14 -019. The specifications and requirements state the qualified vendor shall provide a specific size unit. Air Pollution Control Products, Inc. did not meet this requirement. B &L Crematory Systems Inc., was contacted to confirm their bid. B &L Crematory Systems, Inc. confirmed their bid. The vendor proposed an alternate option related to the crane service in which the city agrees is acceptable. This alternate service will result in a deduct change order in the amount of $10,000.00. References were checked and all came back favorable. Staff is recommending the award to B &L Crematory Systems, Inc. Recommendation: To award Bid RFB 14 -019 for the purchase of a crematory to B &L Crematory System, Inc. in the amount of $75,250.00 and approve change order #1 deducting $10,000.00, resulting in a purchase price of $65,250.00. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.3 Authorize Payment to the City of Fort Worth in the amount of $73,152 for the annual radio system services infrastructure Presenter: Stan Tinney, Fire Chief Summary: Authorize Payment to the City of Fort Worth in the amount of $73,152 for the annual radio system services infrastructure. General Description: This is a cost per radio unit that covers the infrastructure costs for operation of the North Richland Hills Public Safety radios on the City of Fort Worth radio system. The radio agreement with the City of Fort Worth is current as of December 2013. The applicable fees and term approved in the contract are as follows: • $600 radio identification number fee for each new radio added to the system. • $1 per month, per radio for Over the Air (OTAR) Administrative Fees will be assessed if applicable. At this time we do not anticipate this fee. • $24 per month, per subscriber radio, payable in advance on an annual basis for all active radio IDs issued to user at the time of the annual billing. Current billing is for 254 radios at $288/radio/year. • New radios will be assessed the $24 per month fee on a pro -rata basis. Term is open ended with the option to cancel for any reason, with or without cause upon a ninety (90) day written notice by either party. This is an approved line item in the FY 2013 -2014 budget, account number 001 -8901- 532.34-30. Recommendation: To authorize the payment to the City of Fort Worth in the amount of $73,152 for the annual radio system services infrastructure. FOR,TWORTH REVENUE COLLECTIONS 1000 THROCK-MORTON STREET FORT WORTH, TEXAS 76102-6311 * * RETURNED CHECKS ARE RE-PRESENTED ELECTRONICALLY * * . . ...... ........ ORIGHNATIAG DEPT.: IT SOLUTIONS PHONE: 8i7-392-6640 DATE: O3/03/2014 CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLA'Vff-%lMt�.t�,13� CWB FOR: RADIOS AMOUNT DUE: 73,,152.00 * WE NOW ACCEPT "VISA" OR "MASTERCARD" FOR YOUR CONVENIENCE. * ----------------- - ------ - ---------------------- ------ -------- - --------- -- - ------ -, --------------------------- RETURN THIS PORTION WITH PAYUMOT CWB GF- 16O INVOICE NO.: 012743 DATE: 03/03/2014 ORIG DEPT: IT SOLUTIONS PHONE: 817-392-61340 FOR: RADIOS VISA OR MASTER CARD ACCOUNT NUMBER EX P'. DATE: SIGNATURE: TOTAL DUE Y THIS AMOUNT $7,12 »00 1,600110000100001274 3 0 0 0 0 0101010 0 B 713 ,5201010007, 1,52005 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. B.4 Texas Governor's Office Criminal Justice Programs Competitive Grant - Resolution No. 2014-010 Presenter: Mike Hamlin, Assistant Police Chief Summary: The Criminal Justice Division of the Texas Governor's Office has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the Council of Government's North Central Region under the 2014 CJD Criminal Justice Programs Competitive Grant #28087 -01. If awarded, the Police Department plans to use the funds to purchase a dispatch recording system which allows the Communications Center to record, playback make copies and compile all incoming radio traffic, emergency phone calls and non - emergency phone calls. General Description: In 2012, a collaborative shared services approach was adopted by the cities of North Richland Hills, Haltom City, Watauga and Richland Hills. An integral part of the agreement was a joint emergency communications center located in and operated by the North Richland Hills Police Department. This PSAP (Public Safety Answering Point) serves as the main dispatch and call taking center for all four cities. One of the major components of the communications system is the recording of emergency and nonemergency telephone calls from citizens along with all radio communications for police and fire operations. The recording system in the PSAP allows incoming telephone and radio calls to be captured and retained for future review or copying. The dispatch recording system currently in use was identified as being non - compatible with computer system upgrades that occurred throughout the City in 2013, and system upgrades are no longer available from the manufacturer on this model. The acquisition of funds through this grant would allow the police department to purchase and install a new dispatch recorder system. The recorder system will be compatible with current city computer technology while also maintaining the ability to accommodate upgrades coinciding with future city computer system upgrades resulting in no loss of functionality. The request for a CIP project in the amount of $125,000 has been submitted for FY 14115 to replace the dispatch center recording system. The total of the grant request is $80,000; and if awarded, will be used to offset the CIP project. The grant funds are passed through the Criminal Justice Division and will be dispersed on a competitive basis throughout the NCTCOG's 16- county region. Recommendation: Approve Resolution No. 2014 -010 NRH RESOLUTION NO. 2014 -010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the Texas Governor's Office Criminal Justice Programs Competitive Grant and make appointments for the conduct of business relative to Grant #28087 -01; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Grant; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the Governor's Office Criminal Justice Program funds, the City Council of North Richland Hills assures that the funds will be returned to the Texas Governor's Office in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the Texas Governor's Office Criminal Justice Programs Competitive Grant #28087 -01. PASSED AND APPROVED this the 14th day of April, 2014. CITY OF NORTH RICHLAND HILLS IN ►:ri III =36 Monica Solko, Assistant City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director Oscar Trevino, Mayor 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. C.0 PUBLIC HEARINGS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. CA PV 2014 -01 Consideration of a Plat Vacation for Lots 14, Block A, Lots 1 -3, Block B, & Lots 1A -3, Block C, Briar Pointe Villas as filed by Final Plat in Cabinet A, Slide 12448, Plat Records, Tarrant County, Texas; being 1.59 acres located in the 8200 and 8300 block of Main Street. (THIS IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.2). Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Section 212.013 of the Texas Local Government Code allows for a plat that has been approved by the municipality and filed with the county to be "vacated" prior to any lot in the plat being sold. In the case of Briar Pointe Villas —an 8 -lot single family RI -PD at the triangular corner bounded by Amundson Drive, Main Street and Dick Faram Park —the plat was approved by City Council on October 8, 2007 and filed on February 1, 2008. The subsequent recession left the development stagnant and unsold. In 2013, the property owner /developer revised their plans and City Council approved a Special Development Plan (SDP) under the Smithfield Transit Oriented Development (TOD) Zoning District. Because the lot lines, easement lines, rights -of -way and overall property boundary is noticeably different than the 2007108 plat, it warranted a Plat Vacation to "redo" the plat to the more recent configuration. Because right -of -way was dedicated by the plat being vacated, it will only be filed with the county in conjunction with the filing of the new plat under Case RP 2014 -01. That plat, under the same "Briar Pointe Villas" name, is for 17 townhomelduplex lots on 1.99 acres. The new plat incorporates a 0.44 -acre tract that was not included in the previous plat. SECTION 212.013, TEXAS LOCAL GOVERNMENT CODE: Because the Planning & Zoning Commission and City Council have rarely seen a Plat Vacation, below is the section of the state code for reference: Sec. 212.013. VACATING PLAT. (a) The proprietors of the tract covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. (b) If lots in the plat have been sold, the plat, or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. (c) The county clerk shall write legibly on the vacated plat the word "Vacated" and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded. (d) On the execution and recording of the vacating instrument, the vacated plat has no effect. As such, approval and filing of a "Plat Vacation" must follow the same procedures as its original Final Plat approval. FRANCHISE UTILITY ACKNOWLEDGEMENTS: This Plat Vacation also abandons all franchise utility easements existing on the development today. As such, the applicant must receive approval from each of the franchise utility companies to have this plat vacated and their easements abandoned. The applicant is working with each company on relocating their utilities to fit the new development. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their April 3, 2014 meeting and voted to recommend approval (6- 0). STAFF RECOMMENDATION: Approval of PV 2014 -01. i-- — -- — Ll apoi � rill/ r, orrrrrr /;iiiiia - /i / /%/ POZ �J9 I > > " " J ti r6 s s�✓j� /�,, /�j� //7 �r: r N/� MAINii fin. G 1 IV WI)d w1l: IE i 15 —i r Ir f 7 1 I �j EXCERPT FROM THE MINUTES OF THE APRIL 3, 2014 PLANNING AND ZONING COMMISSION MEETING C.1 PV2014 -01 Consideration of a Plat Vacation for Lots 14, Block A, Lots 1 -3, Block B, & Lots 1A -3, Block C, Briar Pointe Villias as filed by Final Plat in Cabinet A, Slide 12448, Plat Records, Tarrant County, Texas; being 1.59 acres located in the 8200 and 8300 block of Main Street. Keith Hamilton, 8241 Mid Cities Blvd NRH, TX 76180, came forward to present the items. Mr. Hamilton to request Plat Vacation to remove lot lines and easement on Clayton Comstock came forward to discuss Plat Vacation for this property and Replat. Chairman Randal Shiflet opened the public hearing and asked for comments from the public. Seeing none, he closed the public hearing. 1 ►� »:I�VI =1 01 Bill Schopper motioned to approve of PV2014 -01. The motion was seconded by Kathy Luppy. The motion passed (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. C.2 RP 2014 -01 Public Hearing and Consideration of a request from Keith Hamilton for a Replat for Briar Pointe Villas on 1.998 acres located at 8328 Amundson Drive Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Hamilton Consulting, LLC is requesting approval of a Replat for Briar Pointe Villas, a 17 -lot single - family residential subdivision on 2 acres within the Smithfield TOD area at Main Street and Amundson Drive. CURRENT ZONING: General Mixed Use Character Zone, Smithfield TOD. A TOD Special Development Plan (SDP) was approved by City Council late last year to allow six of the 17 lots to have front -entry garages. Besides that one difference, the proposed development meets the Smithfield TOD code. CURRENT PLATTING: Briar Pointe Villas and Lot 3C, Block M, Smithfield Addition. Because this 17 -lot development is considerably different than the previous 8 -lot development, a Plat Vacation (PV 2014 -01) is being proposed to abandon the previously -filed plat and rededicate the rights -of -way, lot lines and easements. As of this report's publication, staff is still waiting on final acknowledgements by all franchise utilities of the easement abandon mentstrelocations. THOROUGHFARE PLAN: The development will have frontage on Amundson Drive and Main Street and has an existing residential street, Villa Pointe Drive. As this development is within the TOD, the street improvement requirements of Main Street ( "General TOD Street ") are proposed to be accommodated; including a 6 foot sidewalk and a 5 foot parkway with street trees 30 -feet on- center and street lights 60 -feet on- center. Curbed "bump- outs" will also be provided to protect the on- street parking spaces, which are expected to be used heavily by the residents and their guests. The bump -outs will still allow a full 12 -foot travel lane on Main Street. Amundson Drive is not identified as a TOD street, thus there are no improvement requirements along that frontage. ROUGH PROPORTIONALITY DETERMINATION: The public improvements necessary for the subdivision to develop in accordance with the City's minimum standards include the construction of a roadway section, additional sanitary sewer infrastructure, water infrastructure, drainage facilities and sidewalks, the construction of these improvements are the responsibility of the applicant/developer. The construction of these public infrastructure items is required for the development of the subdivision as proposed by the applicant/developer. Therefore, the applicant/developer will be required to construct these improvements. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their April 3, 2014 meeting and voted to recommend approval (6 -0). STAFF RECOMMENDATION: Approval of RP 2014 -01. MAP AERIAL VIEW PROPERTY OWNER NOTIFICATION Case Number RP 2014-01 Applicant: Keith Hamilton Location: 8'328 Amundson Dr You are receiving this notice because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Keith Hamilton for a Reptat for Lots 1-3, Block 11 and Lots 1 -15, IBiock 2, (Briar Pointe Villas Addition on 1.898' acres located at 8328 Amundson Dr, Public Hearing Schedule: Public Hearing Dates: NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number RP 2014-01 Applicant: Keith Hamilton Location: 8'328 Amundson Dr You are receiving this notice because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Keith Hamilton for a Reptat for Lots 1-3, Block 11 and Lots 1 -15, IBiock 2, (Briar Pointe Villas Addition on 1.898' acres located at 8328 Amundson Dr, Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 RIM THURSDAY, MARCH 20, 28'14 CITY COUNCIL 7:00 PM MONDAY, APRIL 14, 20'14 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please cointact: Planning Department - City of North, Richland Hills 73011 Northeast Loop 820 North Richland Hillr>, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303, LIST OF NOTIFIED PROPERTY OWNERS Hamilton Consulting LILC Northlake Capital LLC Abbott, Tommy E M 421 E Texas St 2808 Brookshire, Cdr 1199 Mount Gilead Rd Grapevine Tx 76051 -6408 5outhlake Tx 76092 -8988 Keller Tx 76262- 780�6 Womack, mack, Kenny .i Etux Linda Reid, Howard Etux Donna 8800 Iola iin St 8808 Main St NRH Tx 76182 -4709 NRH Tx 76182 -4709 H a J a w w N 0 a 0 a Z 0 w 0 Z w w w LL w LL LL 0 LL U) x w (L 0 U) 14V I, l 1 l I; SV 31 61f OMIHCIll Hi}fON JD 1,UID S=ND1SNVA1Z1d8 10,d3j -hWd WHAIWMO) 11�t Y Ell LL L 2LY-- J X1 "R Im Ta 21,v I t L I f 0�,, M k6F Z J A "rh S 2, s 's S-r'.A Rr141b ��Yd��J �Jl��y � I ±Ii41PJf1�l'�I IJ el11l`. +ICI 'I li if lfl J rw wm.�� 'ah'd"i �;� M1I CIIL';N1Yki.ShC,Z � I J hill H a � . � v � I 1W WlAld M7, r «74 v� cn n � i a R EM5 ;fl F f Ulm ..._ . df I; EXCERPT FROM THE MINUTES OF THE APRIL 3, 2014 PLANNING AND ZONING COMMISSION MEETING C.2 RP 2014 -01 Public Hearing and Consideration of a request from Keith Hamilton for a Replat for Briar Point Villas on 1.998 acres located at 8328 Amundson Drive. THIS CASE IS BEING CONTINUED FROM THE MARCH 20, 2014 MEETING AGENDA Keith Hamilton, 8241 Mid Cities Blvd NRH, TX 76180, came forward to present the items. Mr. Hamilton to request Plat Vacation to remove lot lines and easement on Clayton Comstock came forward to discuss Plat Vacation for this property and Replat. Chairman Randal Shiflet opened the public hearing and asked for comments from the public. Seeing none, he closed the public hearing. 1 ►� »:I�VI =1 01 Bill Schopper motioned to approve RP 2014 -01. The motion was seconded by Don Bowen. The motion passed (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. C.3 ZC 2014 -07 Public Hearing and Consideration of a request from Dyoungco Construction Services and Design, LLC for a Zoning Change from AG Agricultural to R -1 Single Family Residential (0.74 acre) and R- 1-S Special Single Family Residential (1.85 acres) on 2.5934 acres located at 7100 Bursey Rd -Ordinance No. 3304 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Dyoungco Construction Services and Design, LLC is requesting approval of a zoning change from "AG" Agricultural to "R -1" Single Family and "R -1 -S" Special Single Family on 2.59 acres at 7100 Bursey Road. The applicant has indicated intent to develop three new residences: two on the "R -1" zoning area (0.74 acre) and one on the "R -1 -S" zoning area (1.85 acres). A Final Plat is accompanying this zoning change request to allow for the subdivision into three lots. According to the Tarrant Appraisal District, the existing 1,620 square foot home on the lot was built in 1961. The applicant has indicated intent to demolish the home and build a newer home closer to Bursey Road. They would possibly keep the existing secondary dwelling unit or "granny flat" on the property and may also pursue a large accessory building SUP in the future. A 35' gas pipeline easement also exists on the property along Bursey Road. This means that the lots essentially have a 35 -foot building setback line rather than the 25 -foot required by zoning. PLATTING STATUS: The property is currently unplatted and described as Tract 1 A4 of the Thomas Spronce Survey, Abstract No. 1399. A Final Plat accompanies the zoning change request under Case Number FP 2014 -06 and proposes to create Lots 3 -5, Block 1, Pearson Subdivision. The Pearson Subdivision exists immediately to the west and was originally filed in 1981. EXISTING ZONING: "AG" Agricultural I-ili N ;T 011Jkq II ]IL4 [W10724 1124"AWT124IIV&1=1 North: City of Keller 1 R -2 Single Family equivalent South: R -3 Single Family 1 Low Density Residential East: R -3 Single Family 1 Low Density Residential West: R -2 Single Family 1 Low Density Residential COMPREHENSIVE PLAN 1 STAFF REVIEW: The Comprehensive Plan depicts "Low Density Residential" for this area. The Low Density Residential Land Use provides for traditional, low- density, single - family detached dwelling units. Staff believes the change to "R -1" zoning would be consistent with the "Low Density Residential" category. The applicant's primary purpose for requesting "R -1 -S" zoning on the remainder is for a future accessory building greater than 500 square feet, but the "R -1 -S" zoning also provides rights for the keeping of livestock on the property. This zoning entitlement would be for a relatively small area (1.85 acres) that is surrounded by properties that do not carry the same entitlement (R -3 and R -2 zoning). While this site may not be ideal for horses no alternative exists for the applicant at this time to achieve the desired result of a large accessory building, staff is planning a work session with the Planning & Zoning Commission and City Council to discuss whether large accessory buildings and the keeping of livestock should be split, whereby accessory building opportunities in other zoning districts are increased. STAFF RECOMMENDATION: Approval of ZC 2014 -07. LOCATION MAP AERIAL PHOTO PROPERTY OWNER NOTIFICATION Case Number ZC 2014-07 Applicant: Dwayne Young Location: '7100 Burney Rd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attaclr>Iledl map. I Purpose of Public Hearin a: A Public Hearing is being held to Consider a request from IDwayne Young for a Zoning Change from AG Agricultural to R-1 Single Family Residential and R-1-S Special Single Family Residential on 2.5934 acres located at 7100 Bu rsey Rd. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MARCH 20, 2014 CITY COUNCIL 7,00 PIM MONDAY, APRIL 14, 20"14 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 73011 Northeast Loop 820 North Richland Hills, Texas 7618,0 Phone (817) 427-6300 Fax (817) 427-6303 "X NOTICE OF PUBLIC HEARINGS P CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number ZC 2014-07 Applicant: Dwayne Young Location: '7100 Burney Rd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attaclr>Iledl map. I Purpose of Public Hearin a: A Public Hearing is being held to Consider a request from IDwayne Young for a Zoning Change from AG Agricultural to R-1 Single Family Residential and R-1-S Special Single Family Residential on 2.5934 acres located at 7100 Bu rsey Rd. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, MARCH 20, 2014 CITY COUNCIL 7,00 PIM MONDAY, APRIL 14, 20"14 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HIILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 73011 Northeast Loop 820 North Richland Hills, Texas 7618,0 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Dyoungco Construction Sery & D City of Keller Birdville Independent School District Community Development Dept Alin. Mike Seale 608 Sabine Ct P-0- Box 770 6125 East Boknap Hurst Tx 76054-1901 Keller, TX 76244-0770 Haftom COy, TX 76117 Ellerbee, George L & Betty J 7008 Bursey Rd Fort Worth 7x 76182-7001 Wattenbargieir, Jim Jr lEtux Donn 6849 Rolling Ridge Dr NRH Tx 76182-7017 Colgrove, Betty J 6704 Inwood Dr NRH Tx 76182-7632 Srader, Johininy E Etux T Kim 6873 Rolling Ridge Dr NRH Tx 76182-7017 Bates, John J 6886 Paintbrush Ct NRH Tx 76182-7021 Townsend, Frost 6881 Paintbrush Ct NRH Tx 76182-7021 Bailey, Brad J Etux Jeanette 6882 Bluebonnet Ct NRH Tx 76182-7011 Lehmann, Jason Scott 6885 Bluebonnet Ct NRH Tx 76182-7011 McGraw, Virginia K 71012 Bursey Rd Fort Worth 7x 76182-7001 Newsome, Willie R Etux IMarilyn 6853 Rolling Ridge Dr NRH Tx 76182-7017 Bonham, William Etux Kathleen 6865 Rolling Ridge Dr NRH Tx 76182 -701' 7 Moore, Deborah A 6877 Rolling Ridge Dr NRH Tx 76182-7017 Blackmon, Clint Etux Teresa 6882 Paintbrush Ct NRH Tx 76182-7021 Dowling, Christopher 6885 Paintbrush Ct NRH Tx 76182'-7021 M!a:rrujo, Daniel R Etux Deborah 6878 Bluebonnet Ct NRH Tx 76182'-7011 Billingsley, Julian E 688,9 Bluebonnet Ct NRH Tx 76182-7011 Ennis, Joseph R Etux Christine 6845 Rolling Ridge Dir NRH Tx 76182-7017 Jones, Donald Curtis 6857 Rolling Ridge Dir NIRH Tx 716182-7017 Ross, Karl B 6869 Rolling Ridge Dr NIRH Tx 76182-7017 Seeber, Julie 7725 Tarnarron Ct NRH Tx 716182-7022 Lombard, Jacob PO Box 1169 Euless Tx 7603,9-1169 Smith, Paull' Jr Etux Cari 6886 Bluebonnet Ct NRH Tx 76182-7011 Allegretti, Brant 801 Stillwater Ct Keller Tx 76248-8414 McDaniel, William G 7717 Driftwood Ct NIRH Tx 76182-7023 Culver, Wes Etux Julianna D Berry, David Keith Liddle, Timothy 1 7716 Driftwood Ct 6852 Rolling Ridge Dr 6856 Rolling Ridge Dr NRH Tx 76182-7023 NRH Tx 76182-7018 NRH Tx 716182-7018 ORDINANCE NO. 3304 ZONING CASE ZC 2014 -07 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.5934 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R -1 (SINGLE FAMILY RESIDENTIAL) AND R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.5934 acre tract of land located AT 7100 Bursey Road, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AG (Agricultural) to R -1 (Single Family Residential) and R -1 -S (Special Single Family Residential) zoning, as depicted on Exhibit A. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on this 14th day of April, 2014 CITY OF NORTH RICHLAND HILLS ►:ri III =36 Monica Solko, Assistant City Secretary ►= l,,: t0l 1FA=1ll rila %]01NLhK124IQ111I =10il4kWif George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director Oscar Trevino, Mayor EXHIBIT A DESCRIPTION [IF PROPERTY BEGINNING AT A IRON PIN AT THE NORTHEAST CORNER OF LOT 41, BLOCK 4, WESTERN rJAKS ADDITION RECORDED IN VOLUME 388-196, PAGE 30, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING THE SOUTH RIGHT-OF-WAY LINE: OF SURSEY ROAD) THENCE SOUTH 00 degrees 02 m1nutes 09 seconds WEST, 18040 FEET ALONG THE WEST LINE Or SAID BLOCK 4, WESTERN OAKS ADDITION To A POINT FOR CORNER) THENCE Sau'rH 89 degrees 56 minutes 14 seconds VEST, 180-00 FEET ALONG THE NORTH LINE OF R-1-S ZONING REQUEST TO A POINT FOR CORNER) THENCE NORTH 00 degrees 02 minutes 08 seconds EAST, 180,00 FEET ALONG THE EAST' LINE OF OF R-,,-S ZONING REQUEST TO A POINT FOR CORNER) THENCE ALONG THE SAID SOUTH RIGHT-QF-WAY LINE, NORTH 89 degrees 56 minutes 08 se cords EAST, 18!0,00 FEET TO THE POINT OF BEGINNING AND CONTAINING 32,400,Do SQUARE FEET OR 0,7438 ACRES OF LAND. j __ IV Mi I BEGINNING AT A IRON PIN FOUND AT THE NORTHEAST CORNER OF LOT 2, BLOCK 1, PEARSON SUBDIVISION RECORDED IN VOLUME 388-141, PAGE 95, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING THE SOUTH RIGHT-OF-WAY LINE OF BURSEY ROAD) THENCE NORTH 89 degrees 56 m rutes 14 seconds EAST, 11464 FEET' ALONG THE SOUTH RIGHT- OF-WAY LINE OF BURSEY ROAD TO A POINT FOR CORNER) THENCE SOUTH 00 degrees 02 m nutes 08 seconds WEST, 180�00 FEET ALONG THE WEST LINE OF R-I ZONING REQUEST TO A POINT FOR CORNER) THENCE NORTH 89 degrees 56 m nutes 14 seconds EAST, lK00 FEET ALONG THE SOUTH LINE OF R-I ZONING REQUEST TO A POINT FOR CORNER) THENCE SOUTH 00 degrees oe m[rutes 08 seconds WEST, 203,30 FEET ALONG THE WEST LINE BLOCK 4, 'WESTERN OAKS ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, AS RECORDED IN VOLUME 388-196, PAGE 30, PLAT RECORDS, TARRANT COUNTY, TEXAS, TO AN IRON PIN FOR CORNER) THENCE NORTH 89 degrees 57 minutes 42 seconds WEST, 29521 FEET ALONG THE N13RTH LINE OF' BLOCK 4 SAID WESTERN OAKS ADDITION TO A IRON PIN FOR CORNER) FOUND FOR CORNER; THENCE NORTH 00 degrees 07 m1mutes 17 seconds EAST, 382.79 FEET ALONG EAST LINE OF SAID PEARSON SUBDIVISION TO THE POINT OF BEGINNING AND CONTAINING 80,567,23 SQUARE FEET OR 1,8496 ACRES OF LAND, MW M *= - J'.:Pf34r , 11611wa WK� NrFqjffflr,, uo�WM 119 F Wf v 1 0 oR b-A A� Gfa rr P4 0x z AA G. oR b-A A� 3R'✓T I AA CL 04 ------------ A L 3R'✓T I EXCERPT FROM THE MINUTES OF THE MARCH 20, 2014 PLANNING AND ZONING COMMISSION MEETING C.2 ZC 2014 -07 Public Hearing and Consideration of a request from Dyoungco Construction Services and Design, LLC for a Zoning Change from AG Agricultural to R1 Single Family Residential (0.74 acres) and R -1 -S Special Single Family Residential (1.85acres) on 2.5934 acres located at 7100 Bursey Rd. Dwayne Young came forward to items C.2 and C.3. His request is to change the zoning of 7100 Bursey Road from AG Agricultural into two different types of zoning. Two lots would be zoned R -1 and one lot would be zoned R -1 -S to allow the option of a future SUP request for a large accessory building. His intent is to convert this address into three parts. Two would be smaller R -1 home lots, using the revenue from sale of these homes to build his residence and accessory building on that same land. Clayton Comstock came forward and stated that agenda items C.2 and C.3 address the zoning and subdivision of a single property at 7100 Bursey Road into three properties. APPROVED Steven Cooper motioned to approve ZC 2014 -07. The motion was seconded by Don Bowen. The motion passed unanimously (7 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. DA FP 2014 -06 Consideration of a Request from Dyoungco Construction Services and Design, LLC for a Final Plat of Lots 3 -5, Block 1, Pearson Subdivision on 2.59 acres described as Tract 1A4 of the Thomas Spronce Survey, Abstract No. 1399; being located at 7100 Bursey Road Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: Dyoungco Construction Services and Design, LLC is requesting approval of a Final Plat for three single - family residential lots on 2.59 acres at 7100 Bursey Road. Two lots are proposed at 16,200 square feet each and the third lot is proposed at 80,567 square feet, or 1.85 acres. The applicant is requesting "R -1" and "R -1 -S" zoning and all three lots meet the proposed zoning district development criteria. SEE REPORT FOR CASE ZC 2014 -07 FOR MORE INFORMATION. THOROUGHFARE PLAN: The lots will have direct frontage on Bursey Road, a "C4U" 4 -lane undivided collector with 68 -feet of right -of -way and a design speed of 30 -40 MPH. The full amount of right -of -way exists for this fully improved street and existing sidewalks, therefore none is required by this plat. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. In this case, the only infrastructure required appears to be the provision of a 6" water tap to provide water service to Lots 4 & 5. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their March 20, 2014 meeting and voted to recommend approval (6 -0). STAFF RECOMMENDATION: Approval of FP 2014 -06. J a J Z LL r rn„w arwnlrr W arnrarNwrw; 41'MAJ •r'..w: +rvmr t Gr N m A a ;': �� iii a� �..,� w7 5�'✓ t'.. r"�-a F kM m w p y d z C� y " ti = 'Y �'iN �v ra ri"� ' •. 4z. j ,�, e tiff. H "' w � �w #Y �d��'Fi m xY &� y � �. t. fir, � x b { ✓; "." '�, ,q' ! F � �i m z p, s. I K r m ! � I p u- 1 a m I b4 a a :yam i J i - 1 �"i ° 31t✓1 WALF P � 40' 7' 1 LLJ NAD 83 T,' N AD W _ 5810 M 7,009,932 1810 F N 7,009,932.5810 .3a7,88A BURSEY ROAD . 7''009 1 11 8.7580 — - — - - — - — - — - — - — - (70' RTLW-) P.O.B. Ile LR. V,9s'6(;'CP8*R - 294.64' / 211 1 R 114,64' 1 /2' ERE. V?, Ms. —t "T ---- ------- 16,20cj= 5.1. 0372 AL �0,372 AC, ry t— 7RT cTu oo, 'A-" .. .. . ...... 50,567.23 S.F. c� 1.849 AC, . . ... ...... ........... — — — — — --- --- TR- —,*,39*457'4 W 295.2 EXCERPT FROM THE MINUTES OF THE APRIL 3, 2014 PLANNING AND ZONING COMMISSION MEETING C.3 FP 2014 -06 Consideration of a Request from Dyoungco Construction Services and Design, LLC for a final Plat of Lots 3 -5. Block 1, Pearson Subdivision on 2.59 acres described as tract 1A4 of the Thomas Sprance Survey, Abstract No. 1399; being located at 7100 Bu rsey Road. Dwayne Young came forward to present items C.2 and C.3. His request is to change the zoning of 7100 Bursey Road from AG Agricultural into two different types of zoning. Two lots would be zoned R -1 and one lot would be zoned R-1 -S to allow the option of a future SUP request for a large accessory building. His intent is to convert this address into three parts. Two would be smaller R -1 home lots, using the revenue from sale of these homes to build his residence and accessory building on that same land. Clayton Comstock came forward and stated that agenda items C.2 and C.3 address the zoning and subdivision of a single property at 7100 Bursey Road into three properties. APPROVED Don Bowen motioned to approve FP 2014 -06. The motion was seconded by Mike Benton. The motion passed unanimously (6 -0). 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. E.0 PUBLIC WORKS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. EA Award RFB 14 -018 to Intermountain Slurry Seal, Inc. for the City's Slurry Sealing Application Presenter: Boe Blankenship, Public Works Superintendent Summary: The City Council is being asked to award RFB 14 -018 to Intermountain Slurry Seal, Inc. to perform the city's slurry sealing application. General Description: Slurry sealing is a preventive street maintenance application that is part of the city's annual "Preventive Street Maintenance Program" (SM1401). Slurry sealing is thin maintenance treatment with a mixture of asphalt emulsion, graded aggregates, mineral fillers, water and additives. When placed on the pavement surface the mixture cures creating a new wearing surface. The application reduces water infiltration, provides skid resistance, improves aesthetics, corrects raveling /weathering and minimizes oxidation /ageing. In most cases, a slurry seal application will provide a performance life of about 5 -10 years. Approximately 15 - 25 streets are done on annual basis with the program. Staff has been using the application on streets for about 10 years and found it be cost effective in comparison to the other types of preventive maintenance treatments. Notice of the city's intent to bid was advertised as required by state statue and posted on the city's website, and on March 19, 2014 a bid opening was conducted where staff received two (2) bids. The bids are as follows: CONTRACTOR NAME TOTAL BID Intermountain Slurry Seal, Inc. $101,000.00 Viking Construction, Inc. $123,350.00 The number of contractors who do slurry sealing is considered small. Locally there are only a few contractors whom have been in business for several years. Staff did include a requirement in the bid specifications requiring the contractor to have at least three (3) years of experience in slurry sealing applications. This requirement probably impacted the number of bid proposals received. In discussions with other agencies that use slurry sealing, staff decided to include the years of experience to prevent some of the problems that other agencies have had with less experienced or start up contractors. Intermountain Slurry Seal, Inc. provided numerous references and staff contacted them. The references communicated that the work performed by Intermountain was good in quality, met the project specifications, and was completed on scheduled. They would recommend them for future work. Recommendation: Award RFB No. 14 -018 to Intermountain Slurry Seal, Inc. in the amount of $101,000. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. E.2 Approve a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation for Improvements at the Intersection of Davis Boulevard (FM 1938) and Mid - Cities Boulevard - Resolution No. 2014 -009 Presenter: Mike Curtis, Managing Director Summary.: The Council is being asked to approve a Local Transportation Project Advance Funding Agreement (LPAFA) with TxDOT for the funding of the Davis Boulevard /Mid- Cities Boulevard Intersection Improvements Project (ST0401). General Description: In October of 2006, City Council approved a LPAFA with TxDOT for a scope of work that included improvements to the Davis Boulevard and Mid - Cities intersection. These improvements consisted of adding additional left turn lanes and free right turn lanes to this intersection. However, since the 2006 approval, the project scope has increased based on updated TxDOT design criteria and additional requirements stipulated by TxDOT. As Council may recall, the initial improvements contemplated by this project were such that TxDOT was not going to require a schematic. The initial project scope also didn't contemplate having to reconstruct the entire intersection. However, when plans were submitted, TxDOT indicated that a schematic would need to be submitted and approved prior to a review of the submitted plans. TxDOT also indicated that the scope of the project would be much larger than originally discussed. Additionally, the initial TxDOT design criteria used for the project was based on 2010 traffic projections; however, TxDOT's criteria now requires that the estimated traffic volumes be based on 2035 traffic projections. Because the 2035 projections forecast more vehicles at this intersection than the 2010 traffic data, the storage length of the left turn bays has increased. This increased length has increased both the length of the project and the width of the project. The increase in width needed to accommodate longer turn bays over a longer distance has meant that additional Right -of -Way is now necessary from nine (9) property owners whereas initially Right -of -Way was only anticipated to be necessary from five (5) property owners. Ultimately, changing the project's design criteria has directly resulted in an approximate $1.1 million increase in the project's costs since the execution of the original LPAFA. The project scope changes have occurred over several years so staff has been adjusting the budget accordingly during the city's annual budget review process. However as the project cost continued to escalate staff reached out to the North Central Texas Council of Governments (NCTCOG) to request additional federal funding for the project. Staff submitted a modification request for the February 2014 Transportation Improvement Plan (TIP) cycle to include additional federal funding for the project. Because of the required "80120 split" for these types of projects, the $1.1 million increase is required to be split with 80 %, or $880,000 funded by federal grants and 20 %, or $220,000 funded by the City. The breakdown for the current and proposed funding can be shown as follows: ORIGINAL FUNDING PROPOSED FUNDING FEDERAL GRANT = $2,150,000 FEDERAL GRANT = $3,030,066 COUNTY GRANT = $ 295,000 COUNTY GRANT = $ 295,000 CITY FUNDS = $1,180,000 CITY FUNDS = $1,403,954 TOTAL = $3,625,000 TOTAL = $4,729,020 Since the proposed LPAFA with the additional grant funds replaces the existing LPAFA, TxDOT requires the City to adopt a new resolution authorizing the approval of the proposed LPAFA. The City's 20% share ($220,000) can be obtained from the project savings account. It is staff's intention for the City Council to approve this funding ($220,000) and its source during the approval of the 2014/2015 Capital Projects Budget. The action being recommended for this agenda item is only for the approval of the LPAFA. The City Attorney has no issues with the proposed Local Transportation Project Advance Funding Agreement. Recommendation: Approve Resolution No. 2014 -009 N FAH RESOLUTION NO. 2014 -009 A RESOLUTION AUTHORIZING THE TERMINATION OF THE EXISTING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR INTERSECTION IMPROVEMENTS AT THE INTERSECTION OF DAVIS BOULEVARD (FM 1938) AND MID - CITIES BOULEVARD EXECUTED ON OCTOBER 16, 2006 AND REPLACING IT WITH THE ATTACHED LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT (CSJ #090248-576) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. WHEREAS, by Resolution 2006 -059 passed July 24, 2006, 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, TxDOT is willing to terminate the existing LPAFA and approve the attached LPAFA upon the City's concurrence; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby authorized to execute the attached Local Transportation Project Advance Funding Agreement (CSJ #0902 -48 -576) for intersection improvements at the intersection of Davis Boulevard (FM 1938) and Mid - Cities Boulevard with the Texas Department of Transportation as an act and deed of the City. AND IT IS SO RESOLVED. PASSED AND APPROVED on this the 14th day of Apri, 2014 CITY OF NORTH RICHLAND HILLS ATTEST: Monica Solko, Assistant City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 0 :1 =t0l►I=1Il=la %IK0I'k11 =Ikq kil Mike Curtis, P.E., Managing Director STATE OF TEXAS § COUNTY OF w. ,. • D 02-Fort Worth Code Chi,art w■ .0 Project: : at r Federal Highway Administration ♦ N Not Research and Development % "'''I ADVANCE FUNDING AGREEMENT For A CMAQ Project (On -State System) THIS Local Project Advance Flundi,ng Agreement (LPAFA) is made by and between the State of Texas„ acting by and through the Texas (Department of Transportation, called the "State " ", and the City of l�'l�oprth Richland Hills„ acting bar and through its duly authorized officials, allied the "Local G VernYIi1ent." WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through thiis w WHEREAS, the Texas Transportation Commission passed ,Minute Order lumber 113675 that provides for the development of, and funding, for„ the Project described herein; and, WHEREAS, the governing Sodly of the Local Government has approved entering into this LPAFA by resolution or ordinance dated ,duly 24, 2006, vwh,ich its attached, to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment IB, which is attached, to and made a part of this agreement. WHEREAS, the State and the Local Government executed an Advance Funding Agreement for CSJ 0902-48-576 on October 16, 2006; and WHEREAS, it has become necessary to terminate that Advance Funding Agreement and (replace it with this Advance Funding Agreement, CST 0902 -4 -576, due to increase in funds. NOW, THEREFORE, in consideration of the premises and of the (mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth,, it its agreed as follows: 1. Period of the Agreement The period of this LPAFA is as stated', in, the Master Agreement, without exception. 2. Termination of this LPAFA Termination of this LPAFA shall, be under the conditions as stated in the ,Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty -six () months or longer and no expenditures have been charged against federal funds. AF"A -LPr FA_ hlortGen,doc Page I of 8 Revised 011/17/2014 CSJ # 0902-48-576 District # 02-Fort Worth Code Chart 64 # 305001 Project FMI 1938i at Mid'-Cities Blvd. Federal H�ighway Administration: CFDA # 20,205 Not Research and Development 3. Amendments Amendments to this LPAFA shall be made as described in, the Master Agreement,, without exception. 4. Scope of Work The scope of work for this LPAFA is described as adding right and left turn lanes on all approaches and signalization, improvements on FM 1938 at M�ild-Citiles Boulevard. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Util'iities Adljuistment of utilities will be provided by the Local Government as required andl as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services willll be provided by the Local Government as stated in the Master Agreement. The Local Government is, responsible for performanice of any required architectural or preliminary engineering work. For projects on the state highway systems, the design shall, at a minimum conform to applicable State manuals. For projects not on, the state highway system, the design shalll, at a minimum, conform to applicable Ametican Association of State Highway and Transportation Officials design standards, The State may review and comment on the work as required to accomplish the public purposes of the State. The Local Government will cooperate fully writhe the State in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Gonstructionl responsibilities willl be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance wills be undertaken as provided for in the Master Agreement, without exception. 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 AFA-L Ira FA—ShortGen.doc Page 2 of 8 Revised 0 1117/2014 CSJ # 0902-48-576 District # 02-Fort Worth Code Chart 64 # 30500 Projec 938 at Mid-Cifies Blvd. Federal Highway Administration CFDA # 20,205 Not Research and Development federal spending authority is formally obligated to the Project Iby 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 (1001%) 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 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. Di. The Local Government is responsible for all non - federal and non-state funding, including any project cost overruns, unless otherwise provided for in this agreement or through amendment of this agreement. 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 fundling share for the estimated cost of preliminary engineering for the project. At least sixty (6 ) 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. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State willl notify the Local Government in writingi. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall hall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow accouinit to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final IProjlect accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations, to the State under another advance funding agreement with approval by appropriate personnel of the Local Government, H. 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 AFA-LPAFA—ShoirtGen.doc Page 3 of 8 Revised 01/17/2014 CSJ # 090248-576 Di:strict # 02-Fort Worth Code Chart 64 # 30500 P,ro ect: FM 1938 at Mid-Cities Blvd, Federall Highway Administration CFDA # 20205 Not Research and Development facility requirements, are more restrictive than State or Federal Regiulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, than 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, inicludling but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 1. 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 legiislative 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. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft @ Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including:, types of activities, and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14., Incorporation, of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA,, unless an exception, has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to, perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and!, entities working on State rigiht of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs, of completing the work. AFA-LPAFA—ShortGen.doc Page 4 of 8 Revised 01/17/2014 09i02-48-576 District # 02-Fort Worth Code Chart • # 305010 Project: FM 1938 at Mid-Cities Blvd. Federal Highway Administration CFDA # 20.205 Not Research and Development 16. Debarment Certification The parties are prohibited from miaking any award at any tier to any party that is debarred or suspended or otherwise excluded from or inelligible for participation in Federal Assistance Programs, under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business, with any party, to include principals,, that is currently debarred, suspended, or otherwise excluded from or ineligible for plarticipation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under thiis contract to certify its eligibility to receive federal fuinds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget i(OMB) Audit Requirements I ni order to be reimbursed with fedleral funds, the parties shall comply with the Cost Principles established in OMB Circullar A-87 that specify that all reimbursed costs are allowable, reasonable, and allocablle to the Project. 18,. Notices All notices to either party shalll be delivered personally or sent by certified or U.S, mail, postage prepaid, addressed to that party at the following address.* Local Government: City Manager City of North Richland Hill�s 7301 NE Loop 820 North Richland Hil�ls, Texas 7618 O State: 17 =20JIM94 mie rFm&", 1 9 AlUrrJ "M , e 17911 IldlIbA11911t ITF h 125 E. 111 Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, uinless otherwise provided by this agreement. Either party may change the above address by se!ndinig written notice of the change to the other party. Either party may request in writing that notices shall be delivered personal�ly or by certified U.S. mail, and that request shall be carried out by thA other party. 1119. Civil Rig�hts Compliance The Local Government shallcomply with the regulations of the U.S. Department of Trans po rt�at�io ni as they relate to nioni-d�iscrimin,ation (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opp• rtunity," as amended • Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60)1. AFA-LPAFA—ShortGen.doc Page 5 • 8 Revised 01/17/2014 CSJ# Oi9O2-48-576 District # O ort Worth Code Chart 64 # 3,0500 _%v 938 at Mid-Cities BNd. Federal Highway Administration CFDA # 20.205 Not Research and Development 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The pates shalll comply with, the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project, size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE gloal and shall be responsible, for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally - Approved) Disadvantaged Business Enterprise by Entity, and attachments found at web address hftp://ft p,dot.state.tx.us/pub/txdot-info /bop,/dbe/m,ou/mou attachments. d E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as requiired by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon, notification, to the Local Government of its faiiluire to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.&C, 38011 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-cointractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CPR'' Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. Ell. Federal Funding Accountability and Transparency Act Requirements, A. Any recipient of fuinids under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR PEW 170, including Appendix A. Thiis agreement is subject to the following award terms: hittp ,gpo ,gov/fdsys/pkq/`FR-2010-09-14/`pdf/`2010-22705.pidf and http://www,gpo .gov/fds,vs/`pikq/FR-2010-09-14`/`pd 010-22706.pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub-part 4.1100) if this award provides for more than $25,0100 in Federal Funding. The CCR number may be obtained by visiting the CCR web site whose address, is: https-//`www.sami.go pr al/`r)ltjb AM/``; AFA-LPAFA—ShortGen.doc Page 6 of 8 Revised 011IT7/20f�] CSJ # 090248-576 District # 02-Fort Worth Code Chart 64 # 305010, Project FM 1933 at Mid�-Cities Blvd. Federal Highway A • COFDA # 20.205 Not Research and Devebprnent 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) nuimber, a unique nine-character number that allows the Federal government to track the distribution of federal money. The DUNS niuimber 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 hftp://fedqov.dnb.com/webformi; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 801%, 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. 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 OMB Circular A -133.. B. If threshold expenditures of $750,,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxD07s. Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOTs Audit Office at http,//www,txdot.q,ov/ins,ide-t doVoffic,e/audiVconitact.html. C. If expenditures are less than $750,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $750,000 expenditure threshold and therefore, are not requiired 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. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. AFA-LPAFA_ShortGen.d'oc Page 7 of 8 Revised 01/17/2014 CSJ # 09i02-48-576 District # 02-Fort Worth Code Chart 64 # 3050O Project, FM 1 938 at Mid-Cities Blvd. Federal Highway Administration CFDA # 20205 N�ot Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. Signature Title IAUMMAV�� Janice Mullenix Director of Contract Services Texas Department of Transportation MM AFA-LPAFA—ShortGen.doc: Page 8 oj 8 Revised 01/117/2014 CSJ # 0902-48-576 District # 02-Fort Worth Code Chart 64 # 30500 Project: FM 19' 33 at Mid-Cifies Blvd. Federal Highway Administration CFDA # 20.2015 Not Research and Development RESOLUTION NO 2006-059 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT The City Manac)er be, and is hereby authorized to execute the attached Loc3f Transportation Project Advance Funding Agreement (CS2,0902-48-576) for intersection improvements at the intersection of Davis Boulevard; (FM1938) and Mid-Qllies Boulevard with Hie, Texas Department of Transportation as an act and deed of the City, PASSED AND APPROVED this the 241-h day of July, 2006. MILI Ic iPalricia Hulson, City Secrotary 3. CITY OF kNORTH lit "DLLS By: a - ar _ , - i .layor - APPROVED AS TO CONTENT: h�like Curtis„ Public, Works Director AFA-LPAFA-ShortGen.doc Page 1 of 1 Attachment A U k"ILSJqJ :L"'n JL*J*YIIJ#L*J go III fAJ Excerpt from FY21005106 CIP Budget 13MOS AOIS COW'? CSJ # 0902-48-576 District # 02-Fort Worth Code Chart 6 4 # 30500 Project: FM 1938 at Mid-Cities Blvd, Federal Highway Administration CFDA # 20,205 Not Research and Development AFA-LPAFA—ShortG,en,doc Page I of 1 Attachment B CSJ # 0902-48-576 District # O2-Fort Worth Code Chart 614 # 30500 Project, FIVI 1938 at Mid-Cities Bl�vd. Federal Highway Administration CFDA # 20i.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE, OF FUNDS Costs will be allocated based on 8,0% Federal funding and: 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Locall Government will then, be responsLb!e Lfor 1000% of the costs. Work Performed by the Local Government Description Total Est. Federal Payments by Locall Participation Cost Funding State % Cost % Cost 1% Cost Engineering (Federal funds $471,578 80% $377,262 094o $0 20% $94,316 Engineering (Local funds) $65,393 0% $0 0% $o, 100% $65,393 ROW $400,000 980%�, $320,0100' 0% J $0 20% $80,.000 Work Performed by the State ...... Description Total Est. Federal State Cost Funding Participation Govt % Cost % Cost % Cost Construction (Federal funds) $2,9116,005 80 %x$2,332,804 01% $0 20, $583,201 Cons_._ �!I,fu L��6,�93Q 0% $0 01% $0 1010%1 $666,930 ,Subtotal ],$4,5191900 $3,030,1066 $0 s1,489,84 1 0 State Costs for Review, Inspection, and'Oversighfpfftrk Performed b the Local GoverinmeRt Description ...... .. .. ... ... .. ..... ............ ....... _f6fai Est. ' Federal State Payments by Local Cost Funding -7/07 Participation Govt Cost % Cost % Cost Environmental Direct State Costs $75,0010 801%1 $60,000" 0% $0 20% $15,000, (Federal funds) Environmental Direct State Costs $485 1� 0% $0 0% $0 100% $485 (Local funds) Right of Way Direct State Costs $15,00011801% $12,000 0% 1 $0 20% $3,000 Englineeri:ng Direct State Costs $102,43,0 801 � $81,9441 0% $0 20% $20,486 (Federal funds) I Engineering Direct State Costs $1,000 0% $0 0% $0� 100% $1,000 (Local funds) Utility Direct State Costs $5,00'0180 % $4,000 0% $0 20% $1,0100 Construction Direct State Costs $392,2013 80% � $313,762 0% $0 20% $78,441 ederal funds) Direct State Costs $89,7012 0% $o 0% $0 110'0'% $,891,702 �(Construction (Local fuinidls) State Costs $218,31' 2 0% 1 $01 100% $218,312 0% $0 TOTAL .J $5,419,038 $3,501,772 312 1111 $1,698,95 AFA-LPAFA—ShortGen.doc PaIje 1 of 2 Attachment 0 CSJ #: 09i02-48-576 District # 02-Fort Worth Code Chart 64 # 30500 Project, FM 1938 at Mid-Cities Blvd, Federall Highway Administration 20.205 Not Research and Development Initial paid payment by the Local Government to, the State, $36,971.00, Payment by the Local Government at the time of execution: $4,0001.00 Payment by the Local Government to the State before construction: $1,418,274.00 Estimated total payment by the Local Government to the State $1,459,245.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA-LPAFA_ShortGen.doc Page 2 of 2 Attachment C 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. F.0 GENERAL ITEMS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. F.1 Appointment to the Board of Adjustment - Place 7 Presenter: Monica Solko, Assistant City Secretary Summary: The City Council is being asked to approve Councilman Welch's nomination of Doris Elston to the Board of Adjustment. General Description: The Place 7 position on the Board of Adjustment is currently vacant. The Code of Ordinances provides that the City Councilmember who holds the corresponding council place makes appointments to this Board. Councilman Welch is recommending the appointment of Doris Elston to this position. Recommendation: To consider the appointment of Doris Elston, to Place 7 on the Board of Adjustment with term expiring June 30, 2015. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. C.0 EXECUTIVE SESSION ITEMS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. C.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. HA Announcements -Councilman Lombard Announcements The 2014 Sounds of Spring Concert Series will be held on Friday evenings from April 25th through May 16th. Concerts begin at 7 p.m. at the NRH Centre Plaza. Admission is free. Seating is on the lawn, so don't forget to bring a blanket or lawn chair. A variety of gourmet food trucks will be on site for each concert and there will be free games and activities for children. For more information, please call 817- 427 -6600 or go online to SoundsNRH.com. The North Richland Hills Police Department is partnering with the Drug Enforcement Administration in the national "Take Back" prescription drug collection event on Saturday, April 26th. The public may drop off unused prescription drugs between 10 a.m. and 2 p.m. at the Fire Administration building located on Dick Fisher Drive. The prescriptions will be turned over to the DEA for proper disposal. The Animal Adoption & Rescue Center and the Texas Coalition for Animal Protection will host a Low Cost Pet Vaccination Clinic from 10 a.m. to noon on Saturday, April 26th at Linda Spurlock Park. The clinic will offer rabies vaccinations for only $5. All pets must be on a leash or in a carrier. For more information, please call 817- 427 -6570. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Sgt. Matt Jackson of the Police Department — Sgt. Jackson was recently commended for going above and beyond to help a student whose bicycle had been stolen. The student road the bicycle to school daily, but his mother had lost her job and could not afford to purchase him a new bicycle. When learning of this, Sgt. Jackson arranged for the Citizens Police Academy Alumni Association to purchase the student a new bicycle. Sgt. Jackson's compassion and commitment to helping others is a positive reflection on the Police Department and the city as a whole and we thank him for a job well done. 10114 COUNCIL MEMORANDUM From: The Office of the City Manager Date: 4 -14 -2014 Subject: Agenda Item No. H.2 Adjournment