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HomeMy WebLinkAboutCC 2016-07-11 Agendas M RH NOKTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JULY 11, 2016 WORK SESSION: 6:30 PM Held in the City Council Work Room (3rd Floor) CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - City of North Richland Hills v. Windward Partners VII, LP, et. al. 2. Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - city secretary and city attorney. Monday, July 11, 2016 City Council Agenda Paqe 1 of 4 REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers (3rd Floor) A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER TURNAGE A.2 PLEDGE - COUNCIL MEMBER TURNAGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Recognition - Governor's Community Achievement Award A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve minutes of the June 27, 2016 regular City Council meeting. B.2 Approve a discretionary service agreement with Oncor for Streetlights along Ice House Drive in the amount of $69,907.41. B.3 Approve Ordinance No. 3420, abandonment of a public water line easement located within the Birdville High School Addition. C. PUBLIC HEARINGS C.1 RP 2015-13, Public Hearing and consideration of a request from Winkelmann & Associates for a Replat of Lots 6R1 and 6R2, Block 4, University Plaza Addition on 2.095 acres located at 8901 Airport Freeway. D. PLANNING AND DEVELOPMENT D.1 FP 2016-01, Consideration of a request from HP Civil Engineering LLC for a Final Plat of Hometown Dolce Addition Phase II on 8.459 acres located at 6000 Parker Boulevard. Monday, July 11, 2016 City Council Agenda Paqe 2 of 4 D.2 Consider Ordinance No. 3421, abandoning and conveying a portion of Parker Boulevard right-of-way. D.3 FP 2016-02 Consideration of a request from Safeway Consulting and Contracting, LLC for a Final Plat of Fresh Meadows Estates on 13.536 acres located in the 8400 and 8500 blocks of Shady Grove Road. E. PUBLIC WORKS E.1 Consider professional services agreement for the Walker Branch interceptor project to Freese and Nichols, Inc. in an amount not to exceed $416,525 and to revise the 2015-16 Capital Projects Budget to include the Walker Branch interceptor project. F. GENERAL ITEMS F.1 Consider Ordinance No. 3419, amending Article III. - Boards, Commissions and Committees. F.2 Consider Resolution No. 2016-019, 2016 CJD Criminal Justice Programs Competitive Grant #31031-01 F.3 Consider Resolution No. 2016-020, Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2016 G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - COUNCIL MEMBER RODRIGUEZ H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, July 8, 2016 at 3:00 PM. Monday, July 11, 2016 City Council Agenda Paqe 3 of 4 City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, July 11, 2016 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Discuss items from regular City Council meeting. PRESENTER: Mark Hindman, City Manager SUMMARY: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. GENERAL DESCRIPTION: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: May 16, 2016 SUBJECT: Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer- City of North Richland Hills v. Windward Partners VII, LP, et. al. PRESENTER: Cara Leahy White, Assistant City Attorney CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees — city secretary and city attorney. PRESENTER: Mark Hindman, City Manager ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: Office of the City Manager DATE: July 11, 2016 SUBJECT: Recognition - Governor's Community Achievement Award PRESENTER: Kathy Luppy, Keep NRH Beautiful Chair SUMMARY: Ms. Kimberly White with Texas Department of Transportation, Fort Worth District Landscape Architect, will present the Governor's Community Achievement Award to the City of North Richland Hills. GENERAL DESCRIPTION: Keep Texas Beautiful (KTB) has recognized North Richland Hills as one of 10 winners of the 2016 Governor's Community Achievement Awards (GCAA) for outstanding community improvement. The award is one of the most coveted annual environmental and community improvement honors in Texas. The winners will share $2 million in landscape funding from the Texas Department of Transportation. North Richland Hills will receive $250,000 for a landscaping project along a state maintained right-of-way. Communities submitted materials to one of 10 population categories and judges selected winners based on their achievements in seven environmental and community improvement areas: community leadership and coordination, education, public awareness, litter prevention and cleanup, litter law and illegal dumping enforcement, beautification and community improvement, and solid waste management. Keep NRH Beautiful has been a Keep Texas Beautiful affiliate for over 20 years. North Richland Hills previously won this award in 2005 and 2010. Those awards funded the Emerald Hills Bike Plaza and the median landscaping on Boulevard 26 at Loop 820. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Approve minutes of the June 27, 2016 regular City Council meeting. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. GENERAL DESCRIPTION: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the June 27, 2016 regular 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, 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 JUNE 27, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of June 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Absent: Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Cara L. White City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:02 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council had no questions for staff. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. June 27, 2016 City Council Meeting Minutes Page 1 of 10 Director of Public Safety Jimmy Perdue introduced John Thorpe who was hired to fulfill the vacancy created by Frank Fiorello's retirement. 3. UPDATE - NEIGHBORHOOD REVITALIZATION PROGRAM Assistant to the City Manager Kristin James presented an overview of the Neighborhood Revitalization Program. The program awards a 20% grant, up to $10,000, for the completion of well designed home renovations within a targeted area, being south of Loop 820, east of Rufe Snow, and north of Glenview. To date, seven (7) homes have been sold, six (6) are in construction or on the market and one (1) is pending approval. The average sales price for the homes is $166,542.86. The total incentive paid to date is $129,740. Council had no questions for staff. 4. DISCUSS REVISIONS TO CITY CODE OF ORDINANCES, ARTICLE III. - BOARDS, COMMISSIONS AND COMMITTEES. City Secretary Alicia Richardson informed Council this item was placed on work session as a result of discussion at their June 13 work session meeting. At this meeting, Council discussed their expectations of appointees to adhere to the attendance requirement. Based on their discussion, staff was directed to bring forward proposed revisions to increase the minimum percentage of meetings attended from 50 to 75, and a mechanism to provide notification when an appointee has missed three meetings within a six (6) month time frame. Staff researched the City Charter regarding method of appointment and removal of Planning and Zoning Commission members. While the Charter states that members may be removed by the Mayor with the consent of the City Council after a public hearing and for cause set forth in writing; it does not preclude the City Council from appointing new members to places whose terms have expired. The term of Planning and Zoning Commission members is two years. Staff recommends proposed language for a future Charter Amendment Election to remove the public hearing requirement prior to removal of a Planning and Zoning Commission member. City Manager Mark Hindman informed Council that staff would draft an ordinance for consideration by Council. June 27, 2016 City Council Meeting Minutes Page 2 of 10 EXECUTIVE SESSION Mayor Trevino announced at 6:21 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Sections 551.072: deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820, (2) Southeast corner of Rufe Snow and NE Loop 820 and (3) Northwest corner of Davis Boulevard and Main Street; 551.087: deliberate the offer of financial or other incentives to a business project with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820; and 551.074: personnel matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of injury leave for a police officer. Executive Session began at 6:28 p.m. and concluded at 6:52 p.M. Mayor Trevino announced at 6:53 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order June 27, 2016 at 7:00 p.m. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Absent: Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Lombard gave the invocation. June 27, 2016 City Council Meeting Minutes Page 3 of 10 A.2 PLEDGE Council member Lombard and members from Cub Scout Pack 220 led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2015 UNITED WAY CAMPAIGN PRESENTATION Assistant City Manager Paulette Hartman introduced 2015 United Way Chair Eva Ramirez. Ms. Ramirez reviewed the activities held by the United Way Committee during the campaign drive. The committee raised over $64,000 and a check was presented to Faye Beaulieu, Regional Director of the United Way Northeast. A.4 CITIZENS PRESENTATION Mr. Wesley Rust, 7800 Mockingbird Lane, commented on the property that was recently approved for public storage off Davis Boulevard and Mockingbird Lane. The property is unsightly and has not been mowed. He also commented on the city not spraying for mosquitoes in the La Casita Mobile Home Park. City Manager Mark Hindman informed Council the City received authorization to spray the property, which has already taken place. The City only sprays when there is a positive test of West Nile Virus from a mosquito trap. This process is the most effective and cost efficient way to spray for West Nile and is the recommended practice by Tarrant County. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED COUNCIL MEMBER LOMBARD MOVED TO THE CONSENT AGENDA. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. June 27, 2016 City Council Meeting Minutes Page 4 of 10 B.1 APPROVE MINUTES OF THE JUNE 13, 2016 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF DENISON FOR THE PURCHASE OF GOODS AND SERVICES. C. PUBLIC HEARINGS CA ZC 2016-07, ORDINANCE NO. 3417, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DUSTIN AUSTIN FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE FAMILY ON 14.78 ACRES LOCATED IN THE 8100 BLOCK OF PRECINCT LINE ROAD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council the applicant is requesting a zoning change for 14.78 acres located in 8100 block of Precinct Line Road. The area is designated on the Comprehensive Land Use Plan as Low Density Residential and the current zoning is AG Agricultural. The Low Density Residential designation provides areas for the development of traditional, low-density single-family detached dwelling units. He commented that Low Density Residential is the underlying use, but there is an alternate recommendation for Mixed Use on the Comprehensive Land Use Plan. Mr. Comstock provided site photos of the property. Applicant Representative John Pitstick with Our Country Homes located at 700 West Hardwood Road, Hurst, presented request. In their meeting with staff, the issue of access onto Precinct Line Road was discussed. Texas Department of Transportation (TxDOT) has stated there should only be a maximum of three curb cuts for the 35-acre area. He provided a conceptual plan that showed future access to Precinct Line Road and detention ponds required for runoff to Precinct Line storm system. Our Country Homes has been in contact with surrounding homeowners in Thornbridge to notify them of the proposed development. They are currently working with affected surrounding property owners to clarify privacy fencing, open space and utility connections. Mayor Trevino advised that he read the comments made during the public hearing at the Planning and Zoning Commission. He asked Mr. Pitstick if he visited with June 27, 2016 City Council Meeting Minutes Page 5 of 10 property owners that have reasonable requests. Mr. Pitstick informed Council they visited with the property owners that back up to the open space area. They are willing to work with them to replace fencing, preserve some of the trees and add new trees. They have talked to the two property owners that are located at the turn on Thornbridge Drive about the existing manhole and the need to bore under their drive approaches. Planning Manager Clayton Comstock presented staffs report. Council will have the opportunity to discuss the preliminary plat, final plat and site plan at a future meeting. The request this evening is to consider the zoning change. The Planning and Zoning Commission, at their June 2, 2016 meeting, recommended approval with a vote of 6-0. 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. MAYOR PRO TEM WELCH MOVED TO APPROVE ORDINANCE NO. 3417. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.2 ZC 2016-06, ORDINANCE NO. 3418, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ICON CONSULTING ENGINEERS, INC FOR A REVISION TO PLANNED DEVELOPMENT 36 (PD-36) LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD, AND FURTHER AMENDING PD-36 TO CONSOLIDATE ALL PREVIOUSLY-APPROVED SITE PLANS FOR THE PROPERTY INTO ONE COMPREHENSIVE ORDINANCE. APPROVED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Principal Planner Clayton Husband informed Council the applicant Icon Consulting Engineers is seeking a zoning change to amend Planned Development 36 (PD-36) to develop an El Pollo Loco fast casual restaurant located in the 9000-9100 blocks of North Tarrant Parkway. The area is designated on the comprehensive plan as Retail and current zoning is Planned Development (PD-36). The Retail designation is June 27, 2016 City Council Meeting Minutes Page 6 of 10 intended to permit a variety of retail trade, personal and business service establishments, and offices. Mr. Husband provided site photos of the property. Applicant representative David Gregory, 2840 West Southlake Boulevard, Suite 110, Southlake, TX presented the site plan and was available to answer questions. The proposed building is a new prototype for El Pollo Loco. They have negotiated a ground lease with Walmart to rent a portion of their existing parking lot. Mr. Gregory informed Council that El Pollo Loco is requesting a variance to the sign ordinance. They are requesting signage on all four elevations. In response to Mayor Pro Tern Welch's question, Mr. Gregory informed Council that Walmart and El Pollo Loco are compliant with parking requirements. Principal Planner Clayton Husband presented staff's report and reviewed the applicant's site plan, landscape plan, and photometric plan. The proposed site plan provides for 41 parking spaces, which is more than what is required for the size of the building. The Planning and Zoning Commission, at their June 2, 2016 meeting, recommended approval with a vote of 6-0 that included wall signs on two elevations of the building and addition of the landscaped islands as proposed by the Development Review Committee (DRC). Mr. Husband informed Council the ordinance before them this evening consolidates the nine site plans that have been approved over the years. Mayor Trevino asked why the Planning and Zoning Commission did not approve additional wall signage. Mr. Husband commented that the current standards are sufficient, no similar requests were made for this property, and City Council has a method (Sign Review Board) to review signs. 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. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE NO. 3418, SUBJECT TO DRC'S RECOMMENDATIONS REGARDING WALL SIGNS, PARKING LOT LANDSCAPE ISLANDS, AND FINAL CERTIFICATION OF THE SITE PLAN. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. D. PLANNING AND DEVELOPMENT June 27, 2016 City Council Meeting Minutes Page 7 of 10 There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS There were no items for this category. GA EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced that action is necessary as the result of discussion in Executive Session, specifically Sections 551.072: Deliberate the purchase, exchange, lease or value of real property; 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations; and Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees as listed on the agenda. Director of Economic Development Craig Hulse presented item (G.1) to Council. The former city buildings located at 6720 NE Loop 820 (NE Loop 820 and Rufe Snow) were vacated due to the loss of parking as the result of the widening of Loop 820. The departments that were housed in the buildings have since relocated to other areas in the city. Staff is bringing forward an agreement with Babe's - NRH L.L.0 for a Babe's Chicken Dinner House Restaurant to be located on the southeast corner of Rufe Snow and Loop 820. It is anticipated that construction will begin before the end of the year and opening in middle of 2017. Staff is recommending that Council authorize the city manager to execute a lease and economic deveopment agreement with Babe's - NRH L.L.C. COUNCIL MEMBER TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AND ECONOMIC DEVELOPMENT AGREEMENT WITH BABE'S - NRH L.L.C. COUNCIL MEMBER BARTH SECONDED THE MOTION, MOTION TO APPROVE CARRIED 5-0. June 27, 2016 City Council Meeting Minutes Page 8 of 10 G.2 EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Director of Economic Development Craig Hulse presented item to Council. Staff is bringing forward an agreement with Sweetie Pie's Ribeyes - NRH L.L.0 for a family owned steakhouse to be located just east of the future Babe's Chicken Dinner House. It is anticipated that construction will begin early next year and opening late in 2017. Staff is recommending that Council authorize the city manager to execute a lease and economic deveopment agreement with Sweetie Pie's Ribeyes - NRH L.L.C. MAYOR PRO TEM WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AND ECONOMIC DEVELOPMENT AGREEMENT WITH SWEETIE PIE'S RIBEYES — NRH L.L.C. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. G.3 EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED City Manager Mark Hindman informed City Council that the City Charter allows city employees the opportunity to extend on the job injury leave beyond one year. A police officer was injured in the line of duty and has been on injury leave. Pursuant to City Charter, extension of injury leave requires action by the City Council. The Council previously granted an extension at their May 16, 2016 meeting, which will expires on July 10. The employee has requested additional time and staff is recommending to approve injury leave with full pay through August 12, 2016. COUNCIL MEMBER LOMBARD MOVED TO APPROVE POLICE OFFICER INJURY LEAVE WITH FULL PAY THROUGH AUGUST 12, 2016. COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. June 27, 2016 City Council Meeting Minutes Page 9 of 10 H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Turnage made the following announcements. City Hall and other non-emergency city offices will be closed on Monday, July 4 in observance of Independence Day. The Library, Animal Adoption & Rescue Center and Tennis Center will also be closed. NRH2O Family Water Park, Iron Horse Golf Course and the NRH Centre will be open. Garbage and recycling will not be collected. Monday collections will be picked up on Tuesday and Tuesday collections will shift to Wednesday. Join us at the Northeast Tarrant Family 4th Celebration on Monday, July 4. There will be food, fun and entertainment starting at 5:00 p.m. and a free concert by country music singer Derek Anthony at 8:00 p.m. The fireworks will begin at approximately 9:30 p.m. Parking is available at 6351 Boulevard 26 and at Wiley G. Thomas Coliseum. You can find more information on our website or by contacting the Northeast Tarrant Chamber of Commerce. Kudos Korner - Wesley Dameron, Craig Gardner, Robert Perez, William Pratt, Ethan Smithers and Chris Turner in the Public Works Department - A resident on Lake Side Circle sent a note of thanks for the outstanding service provided by the Public Works crew repairing her street. She stated that she and her neighbors "appreciate the kind and respectful manner of city employees. Great job!" I. ADJOURNMENT Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary June 27, 2016 City Council Meeting Minutes Page 10 of 10 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, 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 JUNE 27, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 27th day of June 2016 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Absent: Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Cara L. White City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:02 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council had no questions for staff. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. June 27, 2016 City Council Meeting Minutes Page 1 of 10 Director of Public Safety Jimmy Perdue introduced John Thorpe who was hired to fulfill the vacancy created by Frank Fiorello's retirement. 3. UPDATE - NEIGHBORHOOD REVITALIZATION PROGRAM Assistant to the City Manager Kristin James presented an overview of the Neighborhood Revitalization Program. The program awards a 20% grant, up to $10,000, for the completion of well designed home renovations within a targeted area, being south of Loop 820, east of Rufe Snow, and north of Glenview. To date, seven (7) homes have been sold, six (6) are in construction or on the market and one (1) is pending approval. The average sales price for the homes is $166,542.86. The total incentive paid to date is $129,740. Council had no questions for staff. 4. DISCUSS REVISIONS TO CITY CODE OF ORDINANCES, ARTICLE III. - BOARDS, COMMISSIONS AND COMMITTEES. City Secretary Alicia Richardson informed Council this item was placed on work session as a result of discussion at their June 13 work session meeting. At this meeting, Council discussed their expectations of appointees to adhere to the attendance requirement. Based on their discussion, staff was directed to bring forward proposed revisions to increase the minimum percentage of meetings attended from 50 to 75, and a mechanism to provide notification when an appointee has missed three meetings within a six (6) month time frame. Staff researched the City Charter regarding method of appointment and removal of Planning and Zoning Commission members. While the Charter states that members may be removed by the Mayor with the consent of the City Council after a public hearing and for cause set forth in writing; it does not preclude the City Council from appointing new members to places whose terms have expired. The term of Planning and Zoning Commission members is two years. Staff recommends proposed language for a future Charter Amendment Election to remove the public hearing requirement prior to removal of a Planning and Zoning Commission member. City Manager Mark Hindman informed Council that staff would draft an ordinance for consideration by Council. June 27, 2016 City Council Meeting Minutes Page 2 of 10 EXECUTIVE SESSION Mayor Trevino announced at 6:21 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Sections 551.072: deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820, (2) Southeast corner of Rufe Snow and NE Loop 820 and (3) Northwest corner of Davis Boulevard and Main Street; 551.087: deliberate the offer of financial or other incentives to a business project with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820; and 551.074: personnel matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of injury leave for a police officer. Executive Session began at 6:28 p.m. and concluded at 6:52 p.M. Mayor Trevino announced at 6:53 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order June 27, 2016 at 7:00 p.m. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Absent: Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Lombard gave the invocation. June 27, 2016 City Council Meeting Minutes Page 3 of 10 A.2 PLEDGE Council member Lombard and members from Cub Scout Pack 220 led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2015 UNITED WAY CAMPAIGN PRESENTATION Assistant City Manager Paulette Hartman introduced 2015 United Way Chair Eva Ramirez. Ms. Ramirez reviewed the activities held by the United Way Committee during the campaign drive. The committee raised over $64,000 and a check was presented to Faye Beaulieu, Regional Director of the United Way Northeast. A.4 CITIZENS PRESENTATION Mr. Wesley Rust, 7800 Mockingbird Lane, commented on the property that was recently approved for public storage off Davis Boulevard and Mockingbird Lane. The property is unsightly and has not been mowed. He also commented on the city not spraying for mosquitoes in the La Casita Mobile Home Park. City Manager Mark Hindman informed Council the City received authorization to spray the property, which has already taken place. The City only sprays when there is a positive test of West Nile Virus from a mosquito trap. This process is the most effective and cost efficient way to spray for West Nile and is the recommended practice by Tarrant County. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED COUNCIL MEMBER LOMBARD MOVED TO THE CONSENT AGENDA. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. June 27, 2016 City Council Meeting Minutes Page 4 of 10 B.1 APPROVE MINUTES OF THE JUNE 13, 2016 REGULAR CITY COUNCIL MEETING. B.2 AUTHORIZE THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF DENISON FOR THE PURCHASE OF GOODS AND SERVICES. C. PUBLIC HEARINGS CA ZC 2016-07, ORDINANCE NO. 3417, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DUSTIN AUSTIN FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R-2 SINGLE FAMILY ON 14.78 ACRES LOCATED IN THE 8100 BLOCK OF PRECINCT LINE ROAD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to introduce the item. Planning Manager Clayton Comstock informed Council the applicant is requesting a zoning change for 14.78 acres located in 8100 block of Precinct Line Road. The area is designated on the Comprehensive Land Use Plan as Low Density Residential and the current zoning is AG Agricultural. The Low Density Residential designation provides areas for the development of traditional, low-density single-family detached dwelling units. He commented that Low Density Residential is the underlying use, but there is an alternate recommendation for Mixed Use on the Comprehensive Land Use Plan. Mr. Comstock provided site photos of the property. Applicant Representative John Pitstick with Our Country Homes located at 700 West Hardwood Road, Hurst, presented request. In their meeting with staff, the issue of access onto Precinct Line Road was discussed. Texas Department of Transportation (TxDOT) has stated there should only be a maximum of three curb cuts for the 35-acre area. He provided a conceptual plan that showed future access to Precinct Line Road and detention ponds required for runoff to Precinct Line storm system. Our Country Homes has been in contact with surrounding homeowners in Thornbridge to notify them of the proposed development. They are currently working with affected surrounding property owners to clarify privacy fencing, open space and utility connections. Mayor Trevino advised that he read the comments made during the public hearing at the Planning and Zoning Commission. He asked Mr. Pitstick if he visited with June 27, 2016 City Council Meeting Minutes Page 5 of 10 property owners that have reasonable requests. Mr. Pitstick informed Council they visited with the property owners that back up to the open space area. They are willing to work with them to replace fencing, preserve some of the trees and add new trees. They have talked to the two property owners that are located at the turn on Thornbridge Drive about the existing manhole and the need to bore under their drive approaches. Planning Manager Clayton Comstock presented staffs report. Council will have the opportunity to discuss the preliminary plat, final plat and site plan at a future meeting. The request this evening is to consider the zoning change. The Planning and Zoning Commission, at their June 2, 2016 meeting, recommended approval with a vote of 6-0. 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. MAYOR PRO TEM WELCH MOVED TO APPROVE ORDINANCE NO. 3417. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. C.2 ZC 2016-06, ORDINANCE NO. 3418, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ICON CONSULTING ENGINEERS, INC FOR A REVISION TO PLANNED DEVELOPMENT 36 (PD-36) LOCATED IN THE 9000-9100 BLOCKS OF NORTH TARRANT PARKWAY INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINCT LINE ROAD, AND FURTHER AMENDING PD-36 TO CONSOLIDATE ALL PREVIOUSLY-APPROVED SITE PLANS FOR THE PROPERTY INTO ONE COMPREHENSIVE ORDINANCE. APPROVED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to introduce the item. Principal Planner Clayton Husband informed Council the applicant Icon Consulting Engineers is seeking a zoning change to amend Planned Development 36 (PD-36) to develop an El Pollo Loco fast casual restaurant located in the 9000-9100 blocks of North Tarrant Parkway. The area is designated on the comprehensive plan as Retail and current zoning is Planned Development (PD-36). The Retail designation is June 27, 2016 City Council Meeting Minutes Page 6 of 10 intended to permit a variety of retail trade, personal and business service establishments, and offices. Mr. Husband provided site photos of the property. Applicant representative David Gregory, 2840 West Southlake Boulevard, Suite 110, Southlake, TX presented the site plan and was available to answer questions. The proposed building is a new prototype for El Pollo Loco. They have negotiated a ground lease with Walmart to rent a portion of their existing parking lot. Mr. Gregory informed Council that El Pollo Loco is requesting a variance to the sign ordinance. They are requesting signage on all four elevations. In response to Mayor Pro Tern Welch's question, Mr. Gregory informed Council that Walmart and El Pollo Loco are compliant with parking requirements. Principal Planner Clayton Husband presented staff's report and reviewed the applicant's site plan, landscape plan, and photometric plan. The proposed site plan provides for 41 parking spaces, which is more than what is required for the size of the building. The Planning and Zoning Commission, at their June 2, 2016 meeting, recommended approval with a vote of 6-0 that included wall signs on two elevations of the building and addition of the landscaped islands as proposed by the Development Review Committee (DRC). Mr. Husband informed Council the ordinance before them this evening consolidates the nine site plans that have been approved over the years. Mayor Trevino asked why the Planning and Zoning Commission did not approve additional wall signage. Mr. Husband commented that the current standards are sufficient, no similar requests were made for this property, and City Council has a method (Sign Review Board) to review signs. 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. COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE NO. 3418, SUBJECT TO DRC'S RECOMMENDATIONS REGARDING WALL SIGNS, PARKING LOT LANDSCAPE ISLANDS, AND FINAL CERTIFICATION OF THE SITE PLAN. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. D. PLANNING AND DEVELOPMENT June 27, 2016 City Council Meeting Minutes Page 7 of 10 There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS There were no items for this category. GA EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced that action is necessary as the result of discussion in Executive Session, specifically Sections 551.072: Deliberate the purchase, exchange, lease or value of real property; 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations; and Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees as listed on the agenda. Director of Economic Development Craig Hulse presented item (G.1) to Council. The former city buildings located at 6720 NE Loop 820 (NE Loop 820 and Rufe Snow) were vacated due to the loss of parking as the result of the widening of Loop 820. The departments that were housed in the buildings have since relocated to other areas in the city. Staff is bringing forward an agreement with Babe's - NRH L.L.0 for a Babe's Chicken Dinner House Restaurant to be located on the southeast corner of Rufe Snow and Loop 820. It is anticipated that construction will begin before the end of the year and opening in middle of 2017. Staff is recommending that Council authorize the city manager to execute a lease and economic deveopment agreement with Babe's - NRH L.L.C. COUNCIL MEMBER TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AND ECONOMIC DEVELOPMENT AGREEMENT WITH BABE'S - NRH L.L.C. COUNCIL MEMBER BARTH SECONDED THE MOTION, MOTION TO APPROVE CARRIED 5-0. June 27, 2016 City Council Meeting Minutes Page 8 of 10 G.2 EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Director of Economic Development Craig Hulse presented item to Council. Staff is bringing forward an agreement with Sweetie Pie's Ribeyes - NRH L.L.0 for a family owned steakhouse to be located just east of the future Babe's Chicken Dinner House. It is anticipated that construction will begin early next year and opening late in 2017. Staff is recommending that Council authorize the city manager to execute a lease and economic deveopment agreement with Sweetie Pie's Ribeyes - NRH L.L.C. MAYOR PRO TEM WELCH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AND ECONOMIC DEVELOPMENT AGREEMENT WITH SWEETIE PIE'S RIBEYES — NRH L.L.C. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. G.3 EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED City Manager Mark Hindman informed City Council that the City Charter allows city employees the opportunity to extend on the job injury leave beyond one year. A police officer was injured in the line of duty and has been on injury leave. Pursuant to City Charter, extension of injury leave requires action by the City Council. The Council previously granted an extension at their May 16, 2016 meeting, which will expires on July 10. The employee has requested additional time and staff is recommending to approve injury leave with full pay through August 12, 2016. COUNCIL MEMBER LOMBARD MOVED TO APPROVE POLICE OFFICER INJURY LEAVE WITH FULL PAY THROUGH AUGUST 12, 2016. COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. June 27, 2016 City Council Meeting Minutes Page 9 of 10 H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Turnage made the following announcements. City Hall and other non-emergency city offices will be closed on Monday, July 4 in observance of Independence Day. The Library, Animal Adoption & Rescue Center and Tennis Center will also be closed. NRH2O Family Water Park, Iron Horse Golf Course and the NRH Centre will be open. Garbage and recycling will not be collected. Monday collections will be picked up on Tuesday and Tuesday collections will shift to Wednesday. Join us at the Northeast Tarrant Family 4th Celebration on Monday, July 4. There will be food, fun and entertainment starting at 5:00 p.m. and a free concert by country music singer Derek Anthony at 8:00 p.m. The fireworks will begin at approximately 9:30 p.m. Parking is available at 6351 Boulevard 26 and at Wiley G. Thomas Coliseum. You can find more information on our website or by contacting the Northeast Tarrant Chamber of Commerce. Kudos Korner - Wesley Dameron, Craig Gardner, Robert Perez, William Pratt, Ethan Smithers and Chris Turner in the Public Works Department - A resident on Lake Side Circle sent a note of thanks for the outstanding service provided by the Public Works crew repairing her street. She stated that she and her neighbors "appreciate the kind and respectful manner of city employees. Great job!" I. ADJOURNMENT Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary June 27, 2016 City Council Meeting Minutes Page 10 of 10 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Approve a discretionary service agreement with Oncor for Streetlights along Ice House Drive in the amount of$69,907.41. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an agreement with Oncor Electric Delivery for the installation of streetlights along a portion of Ice House Drive in Hometown. GENERAL DESCRIPTION: During development of the Enclave multi-family project in Hometown at the Southeast corner of Mid-Cities and Ice House Drive, the developer requested that the city coordinate directly with Oncor on their behalf to arrange for installation of street lights along the roadway. The agreement allows for the placement of seven decorative street lights in accordance with Hometown design standards. These lights will be maintained by Oncor. Prior to platting of the Enclave lot, the property owner granted a pipeline easement to Texas Mid-Stream, which fell within the Ice House Drive alignment both longitudinally and for one crossing. The presence of the pipeline precludes the installation of street lights in this vicinity. As a result, a small portion of the roadway will not have street lights. Because of the short length and lights adjacent to the development staff does not anticipate that being an issue. The City Executed a City-Developer Agreement with the Enclave at Hometown, L.P. (the Developer) in 2014 allowing for payment of the lights in an amount estimated at $70,199.52. The city will request reimbursement for the cost to install the lights under the terms of this prior agreement once the work is complete. RECOMMENDATION: Approve discretionary service agreement with Oncor Electric Delivery in the amount of $69,907.41. Tariff for Retail Delivery Service Oncor Electric Delivery Company LLC 6.3 Agreements and Forms Applicable: Entire Certified Service Area Effective Date: September 21, 2009 Page 1 of 2 6.3.5 Discretionary Service Agreement WR# 3240636 Transaction ID: 28061 This Discretionary Service Agreement("Agreement")is made and entered Into this 20th day of June.-.--, 2016 .by Oncor Electric Delivery Company LLC("Oncor Electric Delivery Company"or"Company"),a Delaware limited liability company and distribution utility, and__ City of North RLOhiand Hihs _ ("Customer'"), a mrm d ali........P. h/ ,..,., each hereinafter sometimes referred to individually as"Party"or both referred to collectively as the"Parties". In consideration of the mutual covenants set forth herein,the Parties agree as follows: 1. Discretionary Services to be Provided--Company agrees to provide,and Customer agrees to pay for,the following discretionary services in accordance with this Agreement. A customer contribution in the amount of$69,907.41 will be required for the Installation of 7-100w HIPS Lantern Style Luminance with Historical Street Light Pales and the required electric distribution to serve. 2. Nature of Service and Company's Retail Delivery Service Tariff--Any discretionary services covered by this Agreement will be provided by Company,and accepted by Customer, in accordance with applicable Public Utility Commission of Texas("PUCT') Substantive Rules and Company's Tariff for Retail Delivery Service(including the Service Regulations contained therein),as it may from time to time be fixed and approved by the PUCT("Company's Retail Delivery Tariff').During the term of this Agreement,Company is entitled to discontinue service,interrupt service,or refuse service initiation requests under this Agreement in accordance with applicable PUCT Substantive Rules and Company's Retail Delivery Ta riff. Company's Retail Delivery Tariff is part of this Agreement to the same extent as if fully set out herein. Unless otherwise expressly stated In this Agreement,the terms used herein have the meanings ascribed thereto in Company's Retail Delivery Tariff. 3, Discretionary S ervice Ch arges—Charges for any discretionary services covered by this Agreement are determined in accordance with Company's Retail Delivery Tariff, Company and Customer agree to comply with PUCT or court orders concerning discretionary service charges. 4. Term and Termination--This Agreement becomes effective upon acceptance by Customer and continues in effect until cornpletmn of project 'termination of this Agreement does not relieve Company or Customer of any obligation accrued or accruing prior to termination. 5. No Other Obligations—This Agreement does not obligate Company to provide,or entitle Customer to receive, any service not expressly provided for herein. Customer is re sponsible for making the arrangements necessary for it t o receive any further services that it may desire from Company or any third party. 6. Governing Law and Regulatory Authority--This Agreement was executed in the State of Texas and must in all respects be governed by,interpreted,construed,and enforced in accordance with the laws thereof, This Agreement is subject to all valid,applicable federal,state,and local laws,ordinances,and rules and regulations of duty constituted regulatory authorities having jurisdiction. 7. Amendment—This Agreement may be amended only upon mutual agreement of the Parties,which amendment will not be effective until reduced to writing and executed by the Parties. But changes to applicable PUCT Substantive Rules and Company's Retail Delivery Tariff are applicable to this Agreement upon their effective date and do not require an amendment of this Agreement. 8. Entirety of Agreement and Prior Agreements Superseded—This Agreement,including all attached Exhibits, which are expressly made a part hereof for all purposes,constitutes the entire agreement and understanding between the Parties with regard to the service(s)expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation,promise, inducement,understanding,or undertaking of any kind or nature(whether written or oral)with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings,oral or written,between the Parties with regard to the subject matter hereof,including without limitation NIA , and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein,which agreements are unaffected by this Agreement. 9. Notices--Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested,postage prepaid,to: (a) If to Company: McKinney Texas 75070 6N(�QR Tariff for Retail Delivery Service Cincor Electric Delivery Company LLC 6.3 Agreements and Forms � Applicable: Entire Certified Service Area Effective no|u� Go \ h 21, 2009 -- ------- Page 2 ~~~^~ | V»> |fmCustomer: -9ty-of North Richland Hills yva jAoner � The above-listed names,titles,and addresses of either Party may be changed by written notification to the other, 1& Invoicing and Invoices for any discretionary services covered by this Agreement will be mailed by Company to the following address(or such other address directed in writing by Customer),unless Customer Is capable of receiving electronic invoicing from Company,~which case Company .".."~"."=~^"""~=. _2!!Y_q North Richland[fills Arm Core 4301 Ci� � V Company transmits electronic invoices to Customer,Customer must make payment to Company by electronic funds transfer. Electronic invoicing and payment by electronic funds transfer will be conducted m accordance with ' receive payment~/the due date specified,"the"Invoice. "payment."not received","the Company,,the due date shown°,the Invoice,a � late fee will be calculated and added to the unpaid balance until the entire invoice is paid.The late fee will be 5% of the unpaid balance per invoice period, N°Waiver The failure of Party this Agreement to insist,on any occasion,upon um" pe,fonnunne/fu^vpmvbmnof this Agreement will not be considered to waive the obligations,rights,or duties imposed upon the Parties. `o� Taxes--All present or future federal,state,muicipal,or oter lawful is xes(other than federal income taxes)applicable by � reason of any service performed by Company,or any compensation paid to Company,hereunder must be paid by Customer. � ' 13 Heauing* — lh000i o{the various articles and sections w|this Agreement have been inserted for convenience of reference only and are to be afforded no significance in the Interpretation or construction of this Agreement. � 1*� Multiple Counterparts — This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument ' 15, Other Terms and Conditions~ � <|/ Customer has disclosed to Company all underground facilities owned by Customer or any other party that io not upublic ' utility o,governmental entity,that are located within real property owned»y Customer. |n the event that Customer has failed touo so,o,)nthe � event vf the existence vf such facilities vfwhirhCustomer has no knowledge,Company,its agents and contractors,shall have no liability,ofany | nature whatsoever,to Customer, or Customer's agents or assignees,for any actual or consequential damages resulting from damage to such ' undisclosed vr unknown facilities. "" agrees that payment shall be made,withm 30 days of the date the project | is completed or the date the invoice is received,whichever is later. pv The Discretionary Service Charges do not include any charges related to the relocation of any facilities owned by a franchised utility,governmental entity,or licensed service provider (Joint User). The customer must contact all Joint Users and make arrangements to have their facilities transferred or relocated. Oncor Electric Delivery cannot complete the relocation/removal of facilities outlined in this agreement until Joint User(s)remove their facilities attached to Oncor Electric Delivery Poles. | As agreed by City of North Richland Hills representative,OnGor Electric Delivery Company LLC will not be held responsible for any damages to � established sidewalks,all landscaping or irrigation for the Installation of the requested street lights. � IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed by their respective duty authorized representatives, / Oqcor � Elech LL Customer/Entity Signature U Signature Printed Name Printed Name | TMe Title S12omo18 Date bare N!�R a. .. O 'y, w � � � •� eE a m u ,tea a a •in O •w rq 'y 4 Z n .9 R � a 4 a r7 v u '� a /• '. ¢ '^ a G K Z -m+' / = /r In in E O O b O N ,5, n } N 'O N 9 O VJ L. ;e., M h y M in M IoI tlp = w W Q7 s N N = N ' N +n rq p as o ci ry CD � a rd. +✓ © Oy O 6 O A yr •i v ,a a a u O F om Co 00 x x Co H 0 a a COO -t C4 w '✓1 �, W Cam.• C. b 44 G. to W H o 0 n � � 3 a N a E o r a+ a •ta p v U) hr 4 o V M +. O c s� � � d M M M M "v r� \ \ � _ / } � a \k ! . } j \ } � \ � / � \ � . / § 6 � : k � � 6 ( � � \ \ \\ \ � \ \ ® ({j u ! ) _ / \ ) " \ \ \ E ) I { } /} ( } $ } \ . - } (} \ - \ � ji � ` 7 § 2 � z � e « g \ ( a � � \ ) � $ ( 33 ) �j } ) ( \ \ f - \ � d � ) \ }} \ k � § { ) « 2 ^\ 2 . gym , / u2 , 3 = ; � , = w ! 5 � LI --,-z v d5 I46 co (A I LLJ In • mw � In - z 0 TJ 5 ET,1 ILI z z. o w z 0--o .......... .......... ... ...... �J N 4-J J1, 1 CAA 1. N I (L m DEVELOPER AGREEMENT FOR ENCLAVE AT HOMETOWN The parties to this agreement are the City of North Richland Hills ("City") and Enclave at Hometown, L.P. ("Developer"). This agreement is to document the responsibilities of the City and the Developer for installation of street lights in Enclave at Hometown. WITNESSETH 1. Developer is responsible for the installation of street lights alone lee House Drive as part of its development. 1 Developer wishes to arrange for the installation of the lights through Oncor Electric Delivery using the City's rates, The current estimate for such lights, subject to change, is $70,199.52. 3. City agrees to request Oncor to install the lights selected by Developer. 4. Developer agrees to pay City the amount billed to City by Oncor for such lights and their installation. Signed this the e"��,, day of`�U1.1 i-O 14. CITY OF NORTH RICHLAND HILLS By: Mark Hindman, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 817 427 6000 APPRPVED AS TO FORM AND LEGALITY: ATTW. 6 c i-ge A. St, mey A ,:o r i p I -s, t t o Alicia Richardson, Ott9r See .r DEVELOPER: Enclave at Hometown, L.P. .............. E. , immons kichar by: _ _ _ A..P- 4 , Title: Managing member of the general partner Developer's Mailing Address: Enclave at Hometown, L.P. 3110 W. Southlake Blvd., Suite 120 Southlake, Texas 76092 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Mark Hindman, City Manager of the City of North Richland Hills, Texas, who acknowledged to me that he executed the same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. '411ot ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OFTARRANT § This instrument was acknowledged before me on this date by Richard E. Simmons who acknowledged to me that he executed the same for the purposes and consideration and capacity therein expressed, as the act and deed of Enclave at Hometown, L.P. Notary Public =IAI P ' LOM"""'OK -ot T Notary u 611c 0'E'P'T 1, C(mmi"130, 016 November m�ef CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-78610 Oncor Electric Delivery Company LLC Dallas, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/30/2016 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2016-07-11 Street Light Installation 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Davis, David Dallas,TX United States X Shapard, Robert Dallas, TX United States X Nye,Jr. , E.Allen Dallas,TX United States X Greer, James Dallas,TX United States X Texas Transmission Investment LLC Toronto Ontario Canada X Oncor Electric Delivery Holdings Company LLC Dallas,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. i Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE �" Sworn to and subscribed before me,by the said fV° CLMY p, 1 4 �" this the [ 1 clay of 201 � to certify which,witness my hand and seal of office. �._--- MICHELE M. GIBSON ill�� Notary Public, State of Texas Comm, Expires 06.30-2018 Id NOIOry Signature of officer administering oath Printed namistenng oa[ Title of offceR. dministeriny oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Approve Ordinance No. 3420, abandonment of a public water line easement located within the Birdville High School Addition. PRESENTER: Caroline Waggoner, City Engineer SUMMARY: The City Council is being asked to approve an ordinance abandoning a portion of a water line easement in the Birdville High School Addition. GENERAL DESCRIPTION: When Birdville High School was constructed in 1997-1999, the site included the appropriate public easements dedicated by plat and separate instrument to accommodate the infrastructure needed to support the school. Now 17 years since it opened, BHS is expanding and one of the existing water lines installed prior to the school's development is in the path of a new addition. The school district has already dedicated a new water line easement and constructed a water line in the new alignment. All that is needed now to finalize this effort is to abandon the unneeded portion of the original easement. RECOMMENDATION: Approve Ordinance No. 3420. ORDINANCE NO. 3420 AN ORDINANCE ABANDONING A PUBLIC WATER LINE EASEMENT ON PROPERTY LOCATED IN THE BIRDVILLE HIGH SCHOOL ADDITION IN THE CITY OF NORTH RICHLAND HILLS; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on or about October 4, 1989, William D. Souder and James A. Lucas granted a water line easement ("the Easement") to the City, which easement is in DRTCT Volume 9723, Page 275, Tarrant County, Texas; and WHEREAS, the City Council of the City of North Richland Hills, after careful study and consideration, has determined that a portion of the Easement is not being used by the public, is not useful or convenient to the public in general, and that the public would be better served and benefited by its vacation and abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the above and foregoing recitals are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2: A portion of the fifteen foot (15') wide water line easement located on Lot 1, Block 1, Birdville High School Addition to the City of North Richland Hills, Tarrant County, Texas, which easement is described in an instrument recorded in DRTCT Volume 9723, Page 275, Tarrant County, Texas and depicted on Exhibits "A" and "B" hereto is hereby abandoned and discontinued. Section 3: 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. Ordinance No. 3420 Page 1 of 2 Section 4: This Ordinance shall be in full force and effect from and its passage, and it so ordained. PASSED AND APPROVED this 11th day of July, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, Assistant City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director Ordinance No. 3420 Page 2 of 2 EXHIBIT"A" City: North Richland Hills,Texas Page 1 of 2 Project: Btrdvllle High School February 1,2016 15'Water Line Easement Abandonment Description BEING a 0.083 acre tract of land situated in the TANDY K. MARTIN SURVEY,Abstract No. 1055, in North Richland Hills,Texas,and being out of Lot 1,Block 1 of the Birdville High School Addition,an addition to the City of North Richland Hills, Tarrant County,Texas, recorded in Cabinet A, Slide 3902 of the Plat Records of Tarrant County,Texas(P.R.T.C.T.),said 0.083 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod found for an interior corner of said Lot 1,Block 1 and the southwest cornerof Lot 27-R,Block 1 of Thompson Park Estates,an addition to the City of North Richland Hills according to the plat recorded in Cabinet B,Slide 1708,P.R.T,C.T.,from which a found 5/8-inch iron rod bears South 89 degrees 51 minutes 50 seconds East,a distance of 223.38 feet,and being on the westerly right-of-way line of Precinct Line Road(a variable width rightof-way}; THENCE North 00 degrees 14 minutes 41 seconds East,along the said westerly line of said Thompson Park Estates,a distance of 557.51 feet to a point on the southerly right-of-way line of Mid-Cities Boulevard(120'nght-of- wayl THENCE along the southerly right-of-way line of said Mid-Cities Boulevard,the foliming: North 89 degrees 50 minutes 29 seconds West,a distance of 331.21 feet to a corner; South 00 degrees 08 minutes 57 seconds West,a distance of 11.99 feet to a corner, North 89 degrees 50 minutes 20 seconds West,a distance of 450.00 feet to a corner; North 76 degrees 20 minutes 45 seconds West,a distance of 51.26 feet to a corner; North 89 degrees 50 minutes 29 seconds West,a distance of 45.81 feet to a corner on the easterly line ofa 15-foot Water Line easement described in deed recorded in Volume 9723, Page 275 of the Deed Records of Tarrant County,Texas(D.R.T.C.T.); THENCE South 00 degrees 11 minutes 42 seconds West,departing the southerly right-of-way line of said Mid- Cities Boulevard along the easterly line of said Water Line easement,a distance of 243.58 feet to the POINT OF BEGINNING; THENCE South 00 degrees 11 minutes 42 seconds West,continuing along the easterly line of said Water Line easement,a distance of 240.50 feet to a corner; THENCE West,departing the easterly line of said Water Line easement a distance of 15.00 feet to a comer on the westerly line of said Water Line easement; THENCE North 00 degrees 11 minutes 42 seconds East,along the westerly line of said Water Line easement,a distance of 240.50 feet to a corner; THENCE East,departing the westerly line of said Water Line easement,a distance of 15.00 feet to the POINT OF BEGINNING,and containing 3,608 square feet or 0.083 acres of land,more or less. I,Larry D.Stone,a Registered Professional Land Surveyor in the State of Texas,hereby certify that the land descriptondand plat represent an actual survey made on the ground under my supervision. Ler tarre� Date Texas Registration No.2925 2EY 7 ONE 11 ,2,925 Schrickel, Rollins and Associates,Inc. 1161 Corporate Drive West Suite 200 Arlington,Texas 76006 Ph,(817)649-3216 BRA 5273 I-'RF(,'INCT LINE'ROA D EXHIBIT "B" (RIGHT-01-WA Y;'A 16M) ............................... trw'T7— .N J........ ............................. -1-1 1 1 .............. ........................... LOT IR, BLOCK 2 LOT 26-R BLO K I LOT 27- T THOMPSC HOMPSON P ESTATES HOMPSON PARK ESTATES T RK CAB. A, SLIDE 4439 CAB. B, IDE 1708 P P R,TX.T. P.13A.C.T. f�0wr OF L ........ WENCIN6 ....---- . . . —————————— 0 50 100 200 OR HIC SCALE IN FEET . .......... Z .......;'7Z 7'177 '-- Ll—————————— II I L 7 IIII 9 LOT 1, BLOCK I BIRDVILLE HIGH SCHOOL ADDITION 1. CAB. A, SLIDE 3902 P.R.T.C.T. Ti of ABANDONMENT PARCEL AREA: 3,608 SQ. FT. px 0.083 ACRES PROPOSED 0 WATER LINE. EASEMENT Pow oF BEUNNIN6 S00*11'42"W - 240.50' -- NOD'11'42"E - 40,50' L%EASEMENT VOL, 9r23: PG 275 / : dRT,,T, ' 1W0T'-� d LAS T 15,00 I it I EASEMENT ABANDONMENT baw, 02.01-2016 Shoot Na ON prig BIRDVIUE INDEPENDENT SCHOOL DISTRICT Dram by: CCH WERE ILI NORTH RICHLAND HILLS,TEXAS 2 !��Rdl IW 02t,"k, Job No c.,.. w Mkhr% nTO FfRM 07s 6 Fu"S RAS 5292 OF z FR.%\JC V!4MVF9 Lolg\P V.i 1 LING V l HIMer,Cwt ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: RP 2015-13, Public Hearing and consideration of a request from Winkelmann & Associates for a Replat of Lots 6R1 and 6R2, Block 4, University Plaza Addition on 2.095 acres located at 8901 Airport Freeway. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of KOC Gran Via Richland LLC, Winkelmann & Associates is requesting approval of a Replat of Lots 6R1 and 6R2, Block 4, University Plaza Addition. This 2.095-acre two lot plat is located on the north side of Airport Freeway at the northeast corner of Weyland Drive. The proposed plat meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The owner proposes to subdivide the property into two lots. One lot will include the existing Frost Bank drive-through facility, and the other lot will be available for future development. The property east of the site is developed with a multi-story office building, and the property to the north is vacant. An apartment complex is located west of the site across Weyland Drive. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Office." This designation is intended to permit professional and organizational offices with accessory and related uses. THOROUGHFARE PLAN: The development has frontage on Weyland Drive and Airport Freeway. Weyland Drive is classified as a C2U Minor Collector roadway, which requires an ultimate right-of-way width of 60 feet. Airport Freeway is not classified on the plan. Right-of-way dedication is not required on the plat. CURRENT ZONING: The property is zoned C-1 Commercial. SURROUNDING ZONING I LAND USE: North: C-1 Commercial Office East: C-1 Commercial Office IqRH South: R-1 Single Family Residential I Low Density Residential West: R-7-MF Multifamily I High Density Residential - Multifamily PLAT STATUS: The property is currently platted as Lot 6, Block 4, University Plaza Addition. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the June 16, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve RP 2015-13. 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'��� �/�"I �l � � '�wdd /i .,,;,, >ili�,�l� � ��VbUfV�r�lC�� � �r'ri�l��/��' r ��,� / 1 �m/,/i /��/ g Vii � rr,u/ r� rrrr in ���� >!Y� ,II �'.. i I � . � ' pi �Iprrl a i i� i u � � ��� ��I�f� � �� NIi.Y��I��li'I'nu° � ��iil 1 ���/ � i �� P! �Ol �pm� rn � // V �� � AY �' �� i �/� fjl ul/ V � i.Ji i flu,/ irliNi�l i Or'P 0/' / ✓ / �� /o�oo / i l „r � � /'ffl���� / / /�i/ � � d��"-�� ior�' ah Illf yil� U��j ��j ����IV!„�� r i ,/// //%��/» i Yi '✓ � i 10%�/ � /l GU /i 1 Y 1 V �, ��,v���,r,% ,f >���„ a� � rill �� „�i�'�"'r ,,,,� i�� � � �� �r,!,� /���� ��' � fee /� i �` �/ /� �/ �r ii,// t / i r / 0111I! a Y"�' � �ffY flu, %�� d ,�`�� /f/���� ����u�fl°iir/j��(�/�� f, � �f /� ' nn r �� //,/ ��f EN Kul too ins min 3 � � �YgS� } En HE Ell A 16 I _ III I \ \ I 1 A � Y°a all JIB \� s lit (AyNjO HO 01 � \ 3AIMU UNtllA3M / / it � 1 I l m�6 yam/ m�ry 2 \ p ICA m } 1 : aZ d} } : ��\ �/ .°- � � \\ \ } \ \ ) \ ( \ \ \} } } } EXCERPT FROM THE MINUTES OF THE JUNE 16, 2016 PLANNING AND ZONING COMMISSION MEETING RP 201513, CONSIDERATION OF A REQUEST FROM WINKELMANN & ASSOCIATES FOR A REPLAT OF LOTS 6R1 AND 6112, BLOCK 4, UNIVERSITY PLAZA ADDITION ON 2.095 ACRES LOCATED AT 8901 AIRPORT FREEWAY. APPROVED Principal Planner Clayton Husband introduced the replat request. Applicant Dennis Edwards, 3632 Spring Valley Dr, Bedford, TX presented the request and was available to answer questions. Principal Planner Husband summarized the staff report. COMMISSIONER BOWEN MOVED TO APPROVE RP 2015-13. COMMISSIONER COOPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: FP 2016-01, Consideration of a request from HP Civil Engineering LLC for a Final Plat of Hometown Dolce Addition Phase II on 8.459 acres located at 6000 Parker Boulevard. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of RCC Hometown Apartments, Ltd., HP Civil Engineering LLC is requesting approval of a Final Plat of Hometown Dolce Addition Phase II. This 8.459-acre subdivision is located on the south side of Parker Boulevard west of Boulevard 26. The proposed final plat is consistent with the preliminary plat and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The owner proposes to create two lots for the construction of a mixed-use development on the property. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Town Center," which directly relates to the Town Center zoning district. This designation establishes development standards to promote a sustainable, high quality, mixed-use development. The components of the district — buildings, streets, and public spaces — are intended to create and sustain an integrated pedestrian-friendly living environment. THOROUGHFARE PLAN: The development has frontage on Parker Boulevard, classified as a CS-86-56 Commercial Street. This street is a two-lane undivided street with a right-of-way width of 86 feet and pavement width of 56 feet. On-street parking is required on both sides of the street. The streetscape will include sidewalks and street trees. An additional item on the July 11 City Council agenda is presented for the abandonment of approximately 2 feet of Parker Boulevard right-of-way. Eighty-eight feet (88') was previously dedicated where only 86-feet is necessary. The additional two feet will allow private maintenance of landscape and patio area in front of the first floor flex units and commercial spaces. CURRENT ZONING: TC Town Center. The site is further located within the Neighborhood Core subzone. ?g1kH NORTH KICHL,AND HILLS SURROUNDING ZONING I LAND USE: North: TC Town Center I Town Center East: Property located in Hurst South: AG Agricultural I Parks - Open Space West: TC Town Center I Town Center PLAT STATUS: The property is currently unplatted. This property was part of a 30.57- acre preliminary plat that was approved by the Planning and Zoning Commission on August 16, 2012. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the June 16, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve FP 2016-01. ED 6 OJ O� rJi � W n //�yy .a Rr /� // � „�.. v IIIIII^n � / �/ / � l Y � �'� �r � r / / rh%/w r�� �� i%Hq� !� � ', I � ,� /i r�!/� � � �i ! 6 / � i l / IF ��� of / �`lr ,i ! ' �/ r�'� � %,� �p y��Qi/�^G� U�/, �� ��/ /r,��! 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MI// � ' /� � ,psi� r //�ni � �i/- w r /e �� / � w 4'p/ �� y�ry�, %,. Uii �/ ro � �IVIPI/9�r�u-„e I z NvWZ�s n F{rkraIIIIIIIrrlrIIi�a aaIIIIIIIrIhh IIIIIIIrrIrI z < '�y.�y� p" t—I Ij .L...�....L... � r+, usn qvw � S e aa_ x F n kin y d 0 f � / r rlfr m• w 1� l ✓M � Yqf � I I 9 N 1 nF� � e 1 �9B d 1 I .o� 11°X w�aMyL �✓'>T+��'�' IF�✓�'�W�"i% 5p„d"�kIKY'°iyolt � �n'V r� � .�I n W I�AI A� b I a r rar r ri I I III I EXCERPT FROM THE MINUTES OF THE JUNE 16, 2016 PLANNING AND ZONING COMMISSION MEETING FP 2016-01, CONSIDERATION OF A REQUEST FROM HP CIVIL ENGINEERING LLC FOR A FINAL PLAT OF HOMETOWN DOLCE ADDITION PHASE II ON 8.459 ACRES LOCATED AT 6000 PARKER BOULEVARD. APPROVED Planning Manager Clayton Comstock introduced the final plat request. Applicant representative Jason Pyka with HP Civil Engineering, 5339 Alpha Road, Dallas, TX, presented the case and was available to answer questions. Mr. Comstock summarized the staff report. COMMISSIONER LUPPY MOVED TO APPROVE FP 2016-01. COMMISSIONER COOPER SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: Office of the City Manager DATE: July 11, 2016 SUBJECT: Consider Ordinance No. 3421, abandoning and conveying a portion of Parker Boulevard right-of-way. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Consider the abandonment of a 2-foot strip of right-of-way along an 819-foot section of Parker Boulevard near its intersection with Boulevard 26 in coordination with the third phase of the Dolce Living mixed use and multi-family development. GENERAL DESCRIPTION: The purpose of the right-of-way abandonment is to convey the excess right-of-way back to the property owner who originally dedicated it. The Town Center Regulating Plan calls for Parker Boulevard to be a "CS-86-56" thoroughfare with a travel lanes, on-street parking, street trees and sidewalks within 86 feet of right-of-way. When the plat for The Venue at Hometown was filed, however, 88 feet of right-of-way was dedicated. The City does not need the excess 2 feet, but the owner/developer team planning the Dolce Living Phase 3 site does need the extra 2 feet for privately-maintained landscape beds and patio space for the first-floor flex units and commercial spaces. RECOMMENDATION: Approve Ordinance No. 3421. ORDINANCE NO. 3421 AN ORDINANCE ABANDONING A PORTION OF PARKER BOULEVARD RIGHT-OF-WAY IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, AND AUTHORIZING THE CONVEYANCE OF THE RIGHT-OF-WAY TO ADJACENT OWNERS; DECLARING THAT SUCH RIGHT-OF-WAY IS UNNECESSARY FOR USE BY THE PUBLIC; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.. WHEREAS, the City of North Richland Hills, Texas ("the City") is a home rule city acting under its power adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, an area described as a street right-of-way, commonly referred to as Parker Boulevard, specifically, the portion of a former 88' right of way on the survey attached to this Ordinance as Exhibit "A", was previously dedicated to the City, said dedication recorded at Volume A, Page 10807 of the Deed Records Of Tarrant County, Texas; and WHEREAS, the City Council has been requested to vacate and abandon a portion of Parker Boulevard which will no longer be needed for street purposes after the Final Plat for Hometown-Dolce Addition Phase II is completed, and convey it to the owner of property which is adjacent to the abandoned portion of the Boulevard; and WHEREAS, the City Council, after careful study and consideration, has determined that the right-of-way to be abandoned is not being used by, nor useful or convenient to the public in general, and that the public would be better served and benefited by its vacation and abandonment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the above and foregoing recitals are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2: The portion of Parker Boulevard described in Exhibit "A" hereto is hereby abandoned effective on the approval of the Final Plat for Hometown-Dolce Addition Phase II to the City of North Richland Hills, Tarrant County, Texas. Section 3: The property described in Exhibit "A" hereto shall be conveyed to the owner of Hometown-Dolce Addition, Phase 11 to the City of North Richland Hills, RCC Hometown Apartments, Ltd., conditional upon and in consideration of further dedication of easements necessary for utilities, sidewalks, drainage and all other components of a "CS-86-56" thoroughfare type as defined by the Town Center Zoning District. Section 4: 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. AND IT IS SO ORDAINED. Passed and approved on the 11th day of July, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Mike Curtis, Managing Director Development Services Public Park 5/8" IRF Hometown-Dolce Addition "REALSEARCH" Phase I Lot 1R1, Block AB CCF # D214009589 Venue at Home Town P.R.T.C.T. N 45 047'59" E CCF # D209326212 2.00' P.R.T.C.T. / Point of Beginning 5J/�8�"�aIR1�F "REALSEARCH" IRS �0�0 41 570 p0 9 h F �I` //aP p / C"J�GC� Off/ ?9 RCC Hometown Apartments, Ltd. (Remainder) ?� G �O, CCF # D207402527 y d D.R.T.C.T. / 96 VO Proposed c�F Lot 1, Block B 222,502 Square Feet \ 5.108 Acres PUr,Ba p pnu SN26: :I.. �,_ l.h W 4 M ce y Lan dc EXHIBIT SHOWING 2' Right—of—Way Abandonment situated in the Landon C. Walker Survey, Abstract Number 1652 and the Delilah C. Manning Survey, Abstract Number 1046, City of North Richland Hills, Tarrant County, Texas Notes 1. Basis of bearings is the plat for Hometown-Hometown Addition,Phase I,recorded in County Clerk's Rle Number D214009589, Plat Records,Tarrant County, Texas. 2.This exhibit is based on an actual,on the ground,field survey of the subject property. Project roj ERevision Number: 150013 Date: June 29, 2016 �P10 ERFo vN s: JEREM -"l l-- D-'`- Sheet 1 of 4 <` 5696 �:� tia F. ..I�.�o aP`SEQRS REALSEARCH OF TEXAS, LLC SCR P.O. Box 1006,Godley,Texas 76044 SCALE : 1 = 50 o Ph. 817-937-2655,jdeal @realsearch.org,www.realsearch.org "Thou shalt not remove thy neighbor's landmark"Deut. 19:14 rF x p s ` m copyright 2016,Rwlsearch of Texas,LLC Fimr Registration#10158200 01 S0' 100 Match p inc Shux l' � \*wa p a ti h Landon... l Su mb1 Delilah C ann rig u_rvey A bstract N be110 o a jo y,w C .1... y \ \\.. � N� \ Ap�LL ol°j�oN� / \\ \\ Proposed �'rCp/ /cG Lot 1R1, Block AB \ \ Lot 1, Block B 8 Venue at Home Town 222,502 Square Feet �9h�oG CCF # D209326212 5.108 Acres o� z�pG1 P.R.T.C.T. lop RCC Hometown Apartments Ltd. (Remainder) o CCF # D207402527 D.R.T.C.T. /5% � °�c� a1 F FF09, dy96 All \ WATER ESMi._,� Y �yy /� L `� s9, �� % P� l9 l( G4 /sec J/ tir op9O� RCC Hometown Apartments, Ltd. CCF # D207402526 \ DRTC.T. Match lino SheO //i.. F 8,1tdh l gfw," hoe B EXHIBIT SHOWING 2' Right—of—Way Abandonment situated in the Landon C. Walker Survey, Abstract Number 1652 and the Delilah C. Manning Survey, Abstract Number 1046, City of North Richland Hills, Tarrant County, Texas Notes 1. Basis of bearings is the plat for Hometown-Hometown Addition,Phase I,recorded in County Clerk's Rle Number D214009589, Plat Records,Tarrant County, Texas. 2.This exhibit is based on an actual,on the ground,field survey of the subject property. Project roj ERevision Number: 150013 Date: June 29, 2016 �P10 ERFo vN s: JEREM -"l l-- D-'`- Sheet 2 of 4 <` 5696 �:� tia F.?s.I�.�o aP`SEQRS REALSEARCH OF TEXAS, LLC SuR P.O. Box 1006,Godley,Texas 76044 SCALE : 1 = 50 o Ph. 817-937-2655,jdeal @realsearch.org,www.realsearch.org "Thou shalt not remove thy neighbor's landmark"Deut. 19:14 r'X p s ` m copyright 2016,Rwlsearch of Texas,LLC Fimr Registration#10158200 01 501 100 x,111 h I 4w ,hu& ) �v Lot 1R1, Block AB Venue at Home Town CCF # D209326212 P.R.T.C.T. �9 RCC Hometown Apartments, Ltd. how A CCF # D207402526 Gp p1�L D.R.T.C.T. FF09. 19O / //�V � 8P G /1/2"IRF 0�,, �-\/ � WATER ESMT. '�j JP H/ GG Pte) / Proposed 5 � Lot 1, Block B 222,502 Square Feet IRS 9`SFyTgRG'�n / / \ s9sFFSS\\ 5.108 Acres S / / S 00 046'13" W 2.83' - - - — �9c � — 20.5'sa . Sewer Easement —T 1 \ 4'T / Volume 9854,Page 1841 �pi,Cr' Volume 9858,Page 395 r WATER ESMT. D.R.T.C.T. DRAINAGE ESMT, Texas Electric SerAce Company Volume 2844, Page 281 a�`a D.R.T.C.T. EXHIBIT SHOWING 2' Right—of—Way Abandonment situated in the Landon C. Walker Survey, Abstract Number 1652 and the Delilah C. Manning Survey, Abstract Number 1046, City of North Richland Hills, Tarrant County, Texas Notes 1. Basis of bearings is the plat for Hometown-Hometown Addition,Phase I,recorded in County Clerk's Rle Number D214009589, Plat Records,Tarrant County, Texas. 2.This exhibit is based on an actual,on the ground,field survey of the subject property. Project ERevision Number: 150013 Date: June 29, 2016 �P10 ERFo vN s: JEREM -"l l-- D-'`- Sheet 3 of 4 <` 5696 �:� tia F. ..I�.�o aP`SEQRS REALSEARCH OF TEXAS, LLC S0R P.O. Box 1006,Godley,Texas 76044 SCALE : 1 = 50 o Ph. 817-937-2655,jdeal @realsearch.org,www.realsearch.org "Thou shalt not remove thy neighbor's landmark"Deut. 19:14 rF x p s ` m mpynght 2016,Rwlsearch of Texas,LLC Fimr Registration#10158200 0' S0' 100 Legal Description BEING situated in the Landon C. Walker Survey, Abstract Number 1652 and the Delilah C. Manning Survey, Abstract Number 1046, City of North Richland Hills, Tarrant County, Texas and being a portion of Parker Boulevard (88' Right-of-Way) and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "REALSEARCH" found at the intersection of the southeast right-of-way line of Courtenay Street (81' Right-of-Way) and the southwest right-of-way line of said Parker Boulevard, said iron rod also being in the northeast line of that certain tract of land described by deed to RCC Hometown Apartments, Ltd. recorded in County Clerk's File Number D207402527, Deed Records, Tarrant County, Texas; THENCE North 45 degrees 47 minutes 59 seconds East, 2.00 feet to a 5/8 inch iron rod with cap stamped "REALSEARCH" set; THENCE South 44 degrees 09 minutes 59 seconds East, 819.06 feet to a 5/8 inch iron rod with cap stamped "REALSEARCH" set, THENCE South 00 degrees 46 minutes 13 seconds West, 2.83 feet to a 5/8 inch iron rod with cap stamped "REALSEARCH" set at the north end of a corner clip in said southwest right-of-way line of Parker Boulevard and the northwest right-of-way line of State Highway 26 (Variable Width Right-of-Way), said iron rod also being in the northeast line of that certain tract of land described by deed to RCC Hometown Apartments, Ltd. recorded in County Clerk's File Number D207402526, Deed Records, Tarrant County, Texas; THENCE North 44 degrees 09 minutes 59 seconds West, 821.07 feet along said southwest right-of-way line of Parker Boulevard and said northeast line of the RCC Hometown Apartments tract to the POINT OF BEGINNING and containing 1,640 square feet or 0.376 of an acre or land, more or less.ect Project Revised Date: Number: 150013 Date: June 29, 2016 �P10 ERFo vN Proj Revision Notes: JER_ -"ll-- D-'`- Sheet 4 of 4 <` 5696 4.0 F.2..1....*A° 5 Eq Rc REALSEARCH OF TEXAS, LLC s�RVE s P.O. Box 1006,Godley,Texas 76044 o Ph. 817-937-2655,jdeal @realsearch.org,www.realsearch.org "Thou shalt not remove thy neighbor's landmark"Deut. 19:14 rF x p s ` m mpynght 2016,Rwlsearch of Texas,LLC Fimr Registration#10158200 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: FP 2016-02, Consideration of a request from Safeway Consulting and Contracting, LLC, for a Final Plat of Fresh Meadows Estates on 13.536 acres located in the 8400 and 8500 blocks of Shady Grove Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: Safeway Consulting and Contracting, LLC, is requesting approval of a final plat for Fresh Meadows Estates. This 13.536-acre subdivision includes 46 single-family residential lots. The property is located on the north side of Shady Grove Road between the Steeple Ridge neighborhood and Clay Hibbins Road. The proposed final plat is consistent with the approved preliminary plat and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The final plat for Fresh Meadows Estates includes 46 single-family residential lots. The lots range in size from 9,009 square feet to 11,710 square feet, with the typical lot being 80 feet wide and 113 feet deep. The lots comply with the R-2 Single-Family Residential zoning district standards. The plat includes two street intersections with Clay Hibbins Road north of the Shady Grove Road bend, and one street intersection with Shady Grove Road at the property's southern end. A street stub to the undeveloped property to the north is provided for a connection to future development. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Low Density Residential." This designation provides for the development of traditional, low-density single-family detached dwelling units. SURROUNDING ZONING / LAND USE: North: AG Agricultural / Low Density Residential West: AG Agricultural / Low Density Residential South: C-1 Commercial / Retail MRH East: R-2 Single-Family/ Low Density Residential CURRENT ZONING: The property is currently zoned R-2 Single Family Residential. THOROUGHFARE PLAN: The subdivision will have access to Shady Grove Road and Clay Hibbins Road. Shady Grove Road is classified as a C2U Minor Collector roadway on the Thoroughfare Plan. While Shady Grove Road is not fully developed, it does provide the required 60 feet of right-of-way. Clay Hibbins Road is classified as an R21J Residential roadway on the Thoroughfare Plan. Additional right-of-way dedication for Clay Hibbins Road is required from this property and is shown on the plat drawing. 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. DEVELOPMENT DRAINAGE: The original preliminary plat approval called for a detention pond to be engineered for the runoff created by the development. However, since that time the City began efforts to condemn a very small piece of property to the north of the development to provide a 15-foot drainage easement. The acquisition of this area will make the development's drainage more practical and will help with some of the existing drainage issues the Steeple Ridge neighborhood experiences today. The drainage easement must be acquired prior to starting any construction activity. PLAT STATUS: The property is currently described as Lot 2, Block 1, Barrett-Andrews Addition (2.6 acres) and three unplatted tracts within the T. Peck Survey, Abstract No. 1209 (11 acres). The original preliminary plat approved by the Planning and Zoning Commission on October 15, 2015, and a revised preliminary plat approved on April 21, 2016. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at the June 16, 2016, meeting and voted 6-0 to recommend approval. RECOMMENDATION: Approve FP 2016-02. N L a rove Shadv Grove Rd �Z O� North Tarrant Parkway j r i gig"", r �„°,�f>r /�„ � 4�y, ij p�✓ / f �,. � iii � ♦ r/���L,, G �)�°� � No`rth Tarrant�Parkwav ��i7i, ;,�9„✓�T��,/e�iimi/,/,�,rii'iii�il„/„ �r,i,�yliGiia��000��r�il�/////mil/�/0//O///�/,//11fN a uia, w 000 w j 'J T z < IT T w 'U'l Z IT- w R d... �Y LL ------------------- tt L T,T 4 4 --------- -- W n 0:0 IIIIIT ,u C,E'N 00 Oz ADO�s ---------- a . L---------------I I -001 mx U3113)f .40 'ul 599',929',''' OVDH 3ADHD AGVHS H3N 'N 0 idnoo Abn9153M < T P N Die 2,2 �44.03 A IRF 71 On li yI ---------- o LIT MR E EXCERPT FROM THE MINUTES OF THE JUNE 16, 2016 PLANNING AND ZONING COMMISSION MEETING FP 2016 02 CONSIDERATION OF A REQUEST FROM SAFEWAY CONSULTING AND CONTRACTING, LLC FOR A FINAL PLAT OF FRESH MEADOWS ESTATES ON 13.536 ACRES LOCATED IN THE 8400 AND 8500 BLOCKS OF SHADY GROVE ROAD. APPROVED Planning Manager Clayton Comstock introduced the final plat request. Osama Nashed with A and A Consultants, 5000 Thompson Terrace, Colleyville, TX 76034, came representing the developer. Mr. Nashed presented the case and was available to answer questions. Planning Manager Comstock summarized the staff report. COMMISSIONER BENTON MOVED TO APPROVE FP 2016-02. COMMISSIONER HAYNES SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Consider professional services agreement for the Walker Branch interceptor project to Freese and Nichols, Inc. in an amount not to exceed $416,525 and to revise the 2015-16 Capital Projects Budget to include the Walker Branch Interceptor Project. PRESENTER: Mike Curtis, Managing Director SUMMARY: As the Transit Orientated Development (TOD) areas begin to develop it is becoming apparent that the city's existing sanitary sewer system needs to be upgraded. The purpose of this agenda item is to ask Council to consider awarding the Walker Branch Interceptor Project to Freese and Nichols, Inc. and to revise the current year Capital Projects Budget to include the design for this project. GENERAL DESCRIPTION: As the 27 mile Tex Rail Project gets closer to completion there has been more and more interest from private developers in the NRH Transit Oriented Development (TOD) Districts. Staff has reviewed several development plans proposed for these districts. One thing that staff is discovering is that some of the sanitary sewer lines are undersized for the higher density developments being proposed. This is especially true in the Smithfield TOD where prior to the proposed rail station this area was always planned for a lower density. In this situation a portion of the sewer upgrade in the Smithfield area is on the city's long term CIP plan but will now need to be constructed sooner than we had originally planned (Segment 2 on the attached Project Map) and one portion is a direct result of the development of the TOD (Segment 1 on the Project Map). Typically projects of this magnitude are brought to Council for consideration during the development of the Capital Projects Budget. However in order to meet the developers proposed schedule we need to begin design on the sanitary sewer improvements prior to the adoption of the 2016-17 Capital projects budget. The purpose of this agenda item is to approve the Agreement for Professional Services (AGREEMENT) with Freese and Nichols, Inc. to design the necessary sanitary sewer improvements and to revise the 2015-16 Capital Projects Budget to include that design for that project in the budget. ?g1kH NORTH KICHL,AND HILLS The project that Council is being ask to approve is for the design only of sanitary sewer improvements as shown on the attached project map and described below. Segment 1 of the project will consists of increasing the sizes of the lines from 6-inch, 8-inch, and 10-inch to an 8-inch, 12-inch and a 15-inch respectively from Smithfield Road along Main Street to the Walker Creek and Mid-Cities Boulevard confluence. The total length of sewer line for this segment is approximately 5500 feet. Segment 2 shown on the attached map consists of replacing an 18"inch and 21-inch line with a 27-inch sewer line. The approximate length of this segment is 4100 feet. The AGREEMENT consists of Basic Services and Special Services. The Basic Services consist of those services that are easily defined such as project management, topographic surveys, route studies, and then finally the design. The Basic Services are to be paid as a lump sum fee for $327,446.00 as the work is accomplished. The Special Services are those areas that are more difficult to define until the engineers get further in the design. These tasks consist of the environmental evaluation, geotechnical evaluation, the number of easements and legal documents needed for the project. Even though the exact scope is not known at this time it is estimated to not exceed $89,079.00. The total fee for this project is to not exceed $416,525. Freese and Nichols, Inc. is an engineering firm who specializes in these types of projects. In addition they conducted the evaluation study for the city several months which identified the need for these sewer upgrades, so they are familiar with the scope and timing for this project. Freese and Nichols have done other projects for the city and staff has found their quality of work and responsiveness to be excellent. Since the development is driving the need for part of this project it is eligible to be partially funded through impact fees. The remaining funding will come from the Utility Reserves. Even though Council is not being ask to approve the funding for the entire project for informational purposes the estimated total project costs are shown below. Design: $ 416,525 (this agenda item) Right-of-Way: $ 200,000 (future consideration) Construction: $ 4,000,000 (future consideration) Total $ 4,616,525 (future consideration) RECOMMENDATION: Approve the agreement for professional services with Freese and Nichols, Inc. in an amount not to exceed $416,525 and to revise the capital projects budget to include the Walker Branch interceptor project. � t , 1 �ewv " 7,LL CITY e Il ^ J I r v a� r� J I i — i ExmaiTn NORTH RICHLDAND HILLS NO LS W SK TWAT R SYSTEM SEGMENT I &3 P -srrcem �. ]OR NASI�6 a MA ne oman, Y . N It H cif NKHOLS Rev. 12/13 AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF TARRANT § This AGREEMENT is entered into by the City of North Richland Hills, hereinafter called "OWNER" and Freese and Nichols, Inc., hereinafter called "FNI." In consideration of the AGREEMENTS herein, the parties agree as follows: 1. EMPLOYMENT OF FNI: In accordance with the terns of this AGREEMENT: OWNER agrees to employ FNI; FNI agrees to perform professional services in connection with the Project; OWNER agrees to pay to FNI compensation. The Project is described as follows: Walker Branch Interceptor, as identified in the City's Wastewater Master Plan (refer to Exhibit A). II. SCOPE OF SERVICES: FNI shall render professional services in connection with Project as set forth in Attachment SC -Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay FNI for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services as outlined in the "Scope of Services" for a lump sum fee of Three Hundred Twenty-Seven Thousand Four Hundred Forty-Six Dollars ($327,446.00) for Basic Services and Eighty-Nine Thousand Seventy-Nine Dollars ($89,079.00) for Special Services. Details concerning the fee are included in Attachment CO. If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 60 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and FNI, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and FNI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FNI and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of , 2016. ATTEST: City of North Richland Hills (OWNER) Print Name and Title ATTEST: Freese and Nichols,Inc. (FNI) _ . By: 11,J_411..r .......... g........,., Print Name and Title LAResourcestOLCR W W RH\W alker Branch Interceptor ATTACHMENT SC ARTICLE I BASIC SERVICES: FNI shall render the following professional services in connection with the development of the Project, onu lump sum basis: A. TASK–(l) Plan and participate inuPROJECT kick-off meeting with CITY to confirm PROJECT scope, team, lines of communication, and schedule; (2) Plan and participate inupLn four (4) progress meetings and two (2) site meetings 1n facilitate PROJECT coordination, timeliness, and budget compliance. Prepare meeting summary (meeting minutes) and distribute tnparticipants; (3) Develop u work plan and PROJECT task schedule; (4) Prepare and provide monthly progress/status reports to the CITY sufficient to support monthly billings. Monthly status reports shall htsohraitttd with monthly invoices and shall include the latest opinion ofprobable construction cost (()PCQ, estimated final design completion date, estimated bid date, estimated construction date, and PROJECT updates; (5) Review existing materials and reports, including those obtained from the CITY, and perform field investigations to establish the final interceptor alignment. The data reviewed will be used in the development of the PROJECT documents, and will include but not be limited\o the following: (u) Preliminary design reports; (b) Available wastewater flow model; (o) CITY pipeline numbering system and Geographic Information Systems (GIS) nuuyyinQ; (d) CITY standard details, specifications, and design manuals and guidelines; (o) Property ownership and tax plat iob)roouboo; (D Existing survey data; (g) Existing wastewater closed-circuit television (CC7'\/) and sonar inspection data, field logs, and reports, ifavailable; (b) Existing water, wastewater, storm drainage, and paving record drawings; (6) Contact and coordinate with franchise utility companies to inform them of the PROJECT, update record information, coordinate survey and base mapping information, identify possible conflicts, and establish critical issues for design, PROJECT schedule, and construction. Note areas for potential conflict of lines to be resolved during surveying and design; LARcsoomed0LCK\m\wKH\x/ &xr8muvhInterceptor SC-1 OWNER- (7) Perform project management duties including sub-consultant management and coordination; and (8) Assist the CITY in the preparation of documents for council meetings for this PROJECT. Items may include but not be limited to: (a) Presentation slides; (b) PROJECT site photos. B. TASK II—TOPOGRAPHIC SURVEY (1) Provide ground surveying services to obtain all field information needed for design of the PROJECT, based on approximately 4,500 linear feet(LF) of pipeline; (2) Prepare permit-to-survey letters, for up to fifteen (15) properties, and obtain permission from the owner of each affected property to perform necessary surveys. If property owners do not respond to the initial letter, ENGINEER shall attempt to make contact with landowners by other means, and send a follow-up request letter via certified U.S. Mail, return receipt requested. ENGINEER shall furnish the return receipt to the CITY as evidence of its compliance with this paragraph, if requested; (3) Establish horizontal and vertical controls for the PROJECT. The horizontal control shall be based on the Texas State Plane Coordinate System, North Central Zone North American Datum NAD-83 Coordinates and the vertical control being based on North American Vertical Datum NAVD-88. Provide survey notes on design drawings and electronic files with clear location and description of benchmarks and horizontal control points. Benchmarks shall be documented and retraceable; (4) Prepare planimetric detail based on the ground survey showing existing visible elements within 30 feet (minimum) of either side of the existing/proposed utility easement including, but not limited to, the following: (a) Existing pavement, curbs, sidewalks, barrier free ramps, and similar objects; (b) Lane striping; (c) Driveways; (d) Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control; (e) Alignment of existing gas pipelines and gas line easements; (f) Culvens and bridges; (g) Railroads; (h) Guardrails; (i) Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities; 0) Traffic signal poles, cabinets,and other signal equipment; (k) Signs,excluding temporary signs; LAResources\OLCR\NWRH\Walker Branch Interceptor FNI Ot-' SC-2 OWNER (1) Trees, including diameter and species; (m) Buildings; (n) Retaining walls; (o) Fence limits and material types; (p) Flowlines of creeks; (q) Flowlines of manholes, inlets, culverts, and other utility structures; (r) Property comers; (s) Field sketches of manholes and meter stations; (t) Other applicable physical features that could impact design; (5) Based on the ground survey, generate one foot contours along the alignment corridor, (6) Prepare composite base map of all features located in the field through the ground survey; (7) Provide detail notes at each manhole inverts. The ENGINEER will provide the XYZ coordinates on existing rim, flowlines, and natufal ground elevation at each manhole; (8) Perform subsurface utility engineering (SUE) quality level B in general accordance with the recommended practices and procedures described in American Society of Civil Engineers (ASCE) Publication CUASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). Utilize geophysical prospecting equipment to designate the horizontal position of existing underground utilities that are within the existing right-of-way. This level of work includes acquiring as-built documentation from utility companies and making contact with their representatives. The limits of investigation will be from ROW line to ROW line for the existing gravity sewer portion. The quality level B field findings will be surveyed and delivered in the form of a CAD base file. Quality level A, in general accordance with the same practices and procedures previously described, shall be performed for up to ten (10) locations identified during level B SUE. If additional level A pot-holes are necessary, then they will be considered an additional service; (9) ENGINEER will identify existing property boundaries and easements. PROJECT pertinent property and right-of-way lines will be established from monuments found on the ground. The existing CITY easements and other electrical and gas utility easements will be shown on the survey. Findings will be submitted per CITY'S GIS Data Guidelines. The survey will locate and tie existing right-of-way, property lines, and easements including type, size, volume, and page, where applicable. Show Lot, Block, Abstract Number, and dimensions with adjacent Street Names. City and county boundaries will be shown where applicable; and (10) Clear up to 9,500 LF of CITY easement (20 to 30-Foot width) of tall grass and brush, as necessary to provide access for surveyor's vehicles and/or equipment to survey the project site. Any trees cleared by chain saws will be stacked clear of surveyed swath. No tree larger than six-inch caliper will be removed. UResourcero\CLCR\N\NRN\Walker Branch Interceptor FNI .O L__Yw__, SC-3 OWNER C. TASK,11111 1-1 R-OUTE-11SITUDY, (l) ENGINEER will prepare u route study that evaluates optn two (%) options each for both Segment Nos. l and 2; (2) Develop preliminary pipeline plan and profiles for each option. The plan and profiles will be reviewed with the CITY and the alternatives compared to determine advantages and disadvantages of the proposed alternatives based on the profile characteristics; (3) Prepare preliminary (}yCC for each nf the alternative options. Estimate of land costs shall be furnished tn the CIT.�� , (4) Submit one advance copy of the draft route study, cost opinion, and associated maps k` the CITY; (5) Prepare and participate i" one route study workshop. The objective of the workshop isk) present and discuss the findings ofthe evaluation; and (6) Incorporate comments from the CITY and submit four (4) copies and two (2) electronic copies (on compact disc inPI)F format) of the draft route study, cost opinion and associated drawings, and subrnit four(4) copies and two (2) electronic copies (on compact disc ioPI)F format) of the final route study tu the CITY. D. TASK IV—DETAILED DESIGN The following shall hx provided for one combined set*f construction documents: ()) ENGINEER will prepare Plans and Specifications for the PROJECT. The PROJECT io based on the preparation of plans and specifications for one (1) combined set of construction documents. Preparation of additional packages or design of a larger diameter pipeline may he requested uuuu additional service; (2) Pipeline drawings will include plan and profiles at 1-inch equal eighty (80) feet scale horizontally and /'iocb equal eight (8) feet vertically (l | xl7 size p\uns); right-of-way strip map; prepare general specification for Contractor's preparation of Storm Water Pollution Protection Plan and traffic control plan, i(needed; (3) Prepare construction related permits required for the installation of the proposed pipeline, not including those permits identified during the Environmental Evaluation. Any permits required for environmental purposes (USACE, EPA, etc.) shall be considered an additional service; (4) Opinion of probable construction costs — ENGINEER will prepare an opinion of probable construction costs for review by the CITY following completion of the route study. This opinion will be updated for the sixty percent(60%), the ninety percent (90%), and the final (l00%) quality control review meetings; LAkwoo/cm\0LCV^ww|kH\wmkm Branch Interceptor FNl_«""~'` SC-4 OWNER (5) Quality control review meeting — ENGINEER will plan and participate in up to three (3) quality control review meetings with CITY personnel and other regulatory agencies. One of these meetings may require walking the alignment to resolve any special design issues. The meetings will be held at approximately the sixty percent (60%), the ninety percent (PO96), and the final (1009h) project completion stages. ENGINEER will provide four (4) review sets of I I x 17 sets of plans, and four (4) review sets of specifications a minimum of ten (10) working days before the review meetings. A meeting memorandum will be prepared documenting major revisions and decisions made during each nf the meetings. The meeting locations will heut the CITY'S offices; and (6) Submit plans and specifications and other documents to applicable regulatory agencies for approval, such uo 'CxI)()7` and railroad. Environmental permits (\}SACB, EPA, oto.) shall ho considered uu additional service. ARTICLE II SPECIAL SERVICES: FNI shall render the following professional services in connection with the development of the Project, nou cost plus max basis: B. TASK V—ENVIRONMENTAL EVALUATION (l) Gather and Review Existing Information — Prior to conducting a pedestrian survey along the proposed sanitary sewer alignment, FNI environmental scientists will assemble and review data such as aerial photographs, \]b(;8 topographic ,ouno, yJubooa\ TVedaudo Inventory (NVVD maps, the |]S(}S National }%ydrogcapby [)utustt (N}lC>), and soils data within the proposed project area; (2) Conduct Pedestrian Survey - FNI environmental scientists will conduct a site visit to make observations along the alignment to document existing environmental conditions and assess potential permitting requirements. The presence and locations of waters of the U.S., including wetlands; potential threatened/endangered species habitat; protected trees; and vegetation cover types will be identified io the proposed project area; (3) Coordinate with Project Engineers - Utilizing information gathered during the pedestrian survey, FNI environmental scientists will coordinate with the project engineers to evaluate environmental permitting constraints associated with development of the project; and (4) Prepare Technical Memorandum ' Based on information gathered during the pedestrian survey and coordination with project engineers, x draft technical /neruOr8oUnu` will be prepared doconunnbo8 potential local, state, and federal yo,miibnQ requirements for development nf the project. The draft technical memorandum will he submitted\o the City for review and comment. After incorporating City's comments into the document, FNI will submit u final technical memorandum to the City. L.\kosou'cr$0.CnxamuH\,vdk~r Branch h'rrc*wv, fNl_���__ SC-5 {)l8OVB F. TASK VI—GEOTECHNICAL INVESTIGATION (l) Provide for and coordinate geotechnical investigation required for design of the PROJECT; (2) Drill, classify, and perform pertinent tests on soils at up to ten (10) locations. All borings will ht1ua depth vfu1 least thirty (30) feet below existing grade. (]entcchoicul testing will be performed to provide design data and recommendations for exouv«6uo techniques, structural elements and any bores associated with the PROJECT. If number of borings required exceeds the stated amount, additional compensation may be requested as an additional service. All geotechnical borings will be within right-of-way or City-owned property (parks and trails). Coordination with private property owners is not anticipated, and is therefore considered an additional service; and (}) Prepare a report containing recommendations regarding surface conditions, soil and geologic conditions along proposed pipeline alignment, excavation considerations, and anticipated settlement, compaction, fill and trench protection requirements, Provide two (2) copies of geotechnical investigation surninary report and one (1) electronic copy of report for CITY'S records, in PDF format. ENGINEER shall include soil boring information in the Contract Documents. The final geotechnical report shall be offered to interested contractors during advertising and bidding. G. TASK VII—EASEMENT LEGAL DESCRIPTION AND EXHIBIT PREPARATION (l) Provide ownership research and obtain copies of deeds, easements, subdivision plats, and right-of-way maps as required to establish the existing interests in property necessary to the construction of the PROJECT; (2) Establish the location of existing easements and property lines; (3) Prepare legal descriptions and exhibits for up to fifteen (15) permanent easements, and fifteen (15) temporary construction easements. The legal descriptions and exhibits shall be prepared in accordance with the CITY'S standards. If additional easements are required for the PROJECT, and/or staking nf the easement locations are requested, they shall hc considered un additional xorvioo� , (4) Prepare each parcel plat rnap with no less than two X/Y coordinates defined on the Texas State Plane Coordinate System, North Central Zone 0A[) 83Coordinates; (5) Prepare uright-nf-v/ay strip map uil"=l00' horizontal scale to6u included iothe PROJECT plans. The right-of-way strip map shall include parcel number, ownership, type uf easement, area, bearings and distances; and (h) Participate in up to two (2) half-day coordination meetings with the CITY, landowners, 7rD(}T, nr other parties uo directed by the CITY during the land acquisition process. LA8m000ed0LCKVwN88\wx|ku Branch h'uceym/ FNl_ u��° SC-6 ()Y0N0R`_____ B. TASK VIE --CONSTRUCTION ADVERTISEMENT AND BIDDING The following shall be provided for one combined set of construction documents: (l) Advertise the PROJECT-provide x Notice \oBidders to the CITY for publication for the PROJECT. Send advertisements to potential bidders and suppliers. Provide documents to local plan rooms tn assist io advertisement nf the PROJECT; (2) Distribute bidding documents -ENGINEER will provide the CITY with uptn ten (lV) | ) x 17 sets of plans and ten (10) sets of specifications, and two (2) addenda, if applicable. ENGINEER shall maintain u list of Plan Holders. Provide the Plan Holder list to prospective bidders. Include the list of plan holders with any addenda distributed for the PROJECT; (3) Information to bidders - respond to questions related to the distribution of documents, construction contract provisions, and bidding requirements and technical questions regarding the PROJECT; (4) Addenda - prepare, print, and distribute addenda addressing additions, deletions, modifications, or interpretations to the contract documents; (5) Pre-bid conferences - conduct one (1) pre-bid conference for the construction PROJECT, and prepare minutes and responses. Responses to the pre-bid conference will be in the form of addenda issued after the conference. Conduct a tour of the PROJECT site after the conference; (6) BidnycoinQuoduvu|oatioo -uo^iot the CITY iu receiving and recording bids ut the formal bid opening. Evaluate the information contained iu the bid documents for conformance with requirements of the construction contract documents. Prepare bid tabulation. Compare bid costs with estimated costs and available budget; (7) Evaluate contractors' qualifications and recommend award - evaluate the qualifications information provided by the contractors as a part of the bid package. Determine if the apparent low bidder appears to have the necessary experience and qualifications to successfully construct the PROJECT. Recommend award of the contract consistent with the requirements of the construction contract documents; and (8) Prepare contract documents for execution - assist the CITY io preparing construction documents for execution by the successful low bidder. Prepare a Notice of Award for the CITY to issue 1u the contractor upon award ofthe contract hy the CITY with instructions of executed documents and bonds for conformance with the requirements of construction contract documents. Assist the CITY in reviewing executed documents and bonds for conformance with the requirements of construction contract documents. Assist the CITY in reviewing certificates of insurance for compliance with construction contract documents. Forward documents to the CITY with a recommendation of execution and distribution of dnuuuucoto. Those documents will include opto ten (l0) llx ]7 size conformed construction plans, ten (10) sets of executed construction specifications, and ten (10) sets nf conformed construction specifications. � � LARmou/cwK)urKVwMR\n/x}ko Branch Interceptor FNl-�-,._- SC-7 OWNER- I TASK IX- CONSTRUCTION PHASE SERVICES—GENERAL REP The following shall be provided for one combined set of construction documents: (1) In performing oorvi000, ENGDNEBRv/UlondouvortoynotooLtho [ITl' uguinxtdefeotauod deficiencies in the work ofContractors. ENGINEER will report any observed deficiencies to the CITY. However, hio understood that ENGINEER does not guarantee the Contractor's performance, nor is ENGINEER responsible for supervision of the Contractor's operation and employees. ENGINEER shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, o, the safety precautions and programs incident to the work uf the Contractor. ENGINEER shall not be responsible for the acts or omissions of any person (except his own employees o/ agents) ut the PROJECT site o/otherwise performing any of the work o[the PROJECT; (2) Establish and monitor quality assurance procedures in accordance with the construction contract documents. Notify CITY'S designated representative of non-conforming work observed. Promptly recommend action to initiate corrective procedures for defective work, and coordinate special materials tests and performance tests needed t* obtain uquality PROJECT; (3) Engineer shall consult with and advise the CITY during construction, and make recommendations regarding materials and workmanship; (4) lottryn:t the intent of the plans and specifications for the CITY; (j) Review and comment on up to six (6) monthly and final estimates for payment to Contractor, subsequent tn review hy the CITY'S designated representative, pursuant totile General Conditions of the Construction Cootruot� , (6) Conduct and assist, in company with the CITY'S designated representative, with the PROJECT, completion activities ut the conclusion of construction. Observe completed construction for general conformance with the design concept and prepare a list of deficiencies toho corrected hy the Contractor before final payment is recommended. Assist the CITY in obtaining legal releases, permits, warranties, spare parts, and keys from the Contractor; (7) Examine the Contractor's construction record as-built drawings once a month to determine that the information appears to be recorded in an accurate and timely manner by the Contractor uo required iuthe construction contract documents; and (8) If the construction period extends beyond six (6) months, the additional work required of the ENGINEER shall 6t considered ou additional service. (9) Preconstruction Meetings, Site Visits and Progress Meetings — assist the CITY in conducting a preconstruction conference with the Contractor(s), prepare conference meeting minutes, review the P}((}JIlC1,`S construction schedules prepared by the Contractor pursuant |v the requirements o( the construction contract, and review un estimate of monthly cash flow requirements for the PROJECT prepared by the Contractor. The ENGINEER will make six (6) site visits, generally monthly, during the construction of the improvements, and u total of six (6) additional site visits due to special conditions that develop during construction. The length of construction period is anticipated to be a period nf six (6) months, Throughout the construction phase of the PROJECT, the ENGINEER , *��r L�\o,,o"umvoLcxxvw|uenvummumncklotncep^/ }��/_u�+..- SC-8 On0NER___� will attend monthly progress meetings, provide support for the CITY'S designated representative, observe the progress and the quality of work, and attempt to determine in general if the work is proceeding in accordance with the contract documents. The ENGINEER will provide meeting minutes, field notes and supplemental instructions. If ENGINEER is requested to visit the site more than specified, is requested to observe material tests, is requested to observe tests pertaining to the proper construction of the infrastructure, or if the construction period runs longer than originally estimated, the requested visits in excess of the number specified shall be considered an additional. (10) Review of Contractor's Submittals — review samples, catalog data, schedules, shop drawings, modification requests, and other submittals in accordance with the requirements of the construction contract documents for the PROJECT. Monitor the progress of the Contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. Produce monthly reports indicating the status of all submittals in the review process. It is anticipated that the ENGINEER will review and respond to up to a total of twenty-five (25) shop drawing submittals. If the shop drawing submittals are more than the specified number, and it is authorized, they shall be considered an additional service. Review quality related documents provided by the Contractor such as laboratory, shop and mill tests of material and test equipment, equipment installation report, and other data and documentation as required by the construction contract documents. (1.1) Review Contractor's Requests for Information — Review the Contractor's Requests for Information (RFI) and prepare a response in accordance with the construction contract documents. Provide interpretation and communicate intent if information is not explicitly addressed in the construction contract documents. It is anticipated that the ENGINEER will review and respond to up to a total of ten (10) RFIs. If the RFIs are more than the specified number, and it is authorized, they shall be considered an additional service. Investigations, analyses, and studies requested by the Contractor and approved by the CITY, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an additional service. (12) Preparation of Field/Change Orders — The ENGINEER shall establish procedures for administering changes to the construction contract documents. Assist CITY'S designated representative in processing contract modifications and in the negotiations with the Contractor to determine the cost and time impacts of these changes. Review up to two (2) Contract Modification Requests / Proposed Contract Modifications (CMR/PCM). Prepare up to two (2) Change Orders (CO) and up to two (2) Field Orders (FO) for execution by the CITY. If the review of CMRs/PCMs or the preparation of COs/FOs is more than the specified number, and if authorized, they shall be considered an additional service. (13) Preparation of Record Drawings - The ENGINEER shall revise the construction drawings in accordance with the information furnished by Contractor(s), reflecting changes made during construction of the PROJECT including the following items: (a) Pipe's interior diameter, material, manufacturer, and stiffness; (b) Limits on steel casing and/or concrete encasement; (e) Method and limits of construction; (d) Manhole/structure's type, manufacturer, material, riser interior diameter, and interior coating installed; LA Resources\OLCRWWWWalker Branch Interceptor FNI_ SC-9 OWNER (e) Pipe embedment detail; (f) Hydraulic information including pipe's gradient, design flow used, and pipe's capacity; (g) Original station numbers of existing manholes, including labeling those on parallel pipelines; ENGINEER shall organize and participate in a record drawings review workshop with CITY personnel prior to finalizing record drawings. The ENGINEER shall provide the CITY with one(1) 11 x 17 Mylar set of record drawings, one (1) 11 x 17 unbound bond set of record drawings, four (4) 11 x 17 bond sets of record drawings, and two (2) copies of the record drawings on compact disc. ENGINEER shall provide electronic files of the record drawings in formats suitable to the CITY. J. TASK X—CONSTRUCTION CONTROL STAKING The following shall be provided for one combined set of construction documents: (1) Provide horizontal control points, including offsets and vertical control benchmarks to be used by the construction contractors in laying out the PROJECT. Field stake, with stake lath and flagging, the centerline of the proposed interceptor sewer at 500 foot intervals. Field staking will be performed one tune. Contractor will be responsible for re-staking any points that are disturbed after initial staking by the ENGINEER; (2) Provide survey notes with clear location descriptions of benchmarks and horizontal control points. Benchmarks shall be permanent (nails in trees are not acceptable); (3) The requirements for this task are based on the survey of approximately 9,500 linear feet of pipelines. ARTICLE III ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized in writing by OWNER's authorized representative, which are not included in the above described basic services, are described as follows: (1) Prepare to serve or serve as an expert witness on behalf of the CITY in connection with any public hearings or legal proceedings; (2) Perform manhole and/or pipeline condition assessments, including video inspection and/or pipeline cleaning; (3) Post construction survey; (4) On-the-Ground flagging of easements; (5) Prepare legal descriptions and plats beyond the number previously stated; (6) Perform geotechnical assessments to determine soil, water table, or trenching characteristics beyond the number previously stated; LAResources\OLCRWWRN\Walker Branch Interceptor FNI_ �'-_, SC-10 OWNER (D Furnish construction plans and specifications in excess ofthose sets previously stated; (8) Complete redrawing of construction plan sheets, if required as a result of changes made in the scope of the construction contract after submission of final plans to the CITY; (9) (}hnervn oo'^dt conditions to evaluate exposed conditions, dcvvuiuxin& techniques, or changed conditions; (10) l.mn6uogoioibonutrvicto, inu]udedhutootlio6iudtuyrcpurioQuypruisuls. nugnbu600u, etc,; (l]) Prepare any environmental permits(L/SA[E' EPA, ekc.); (12) Separating the project into two or more sets nf construction documents; (13) Preparation of a pre-construction notification (PCN) or an individual Section 404 permit application; (14) Preparation of a mitigation plan for impacts to waters of the U.S. or other natural roovun:��� ` (15) Conducting un archeological survey; (16) Conducting a formal habitat evaluation (e.g., HEP/WHAP) along the proposed pipeline alignments; (17) Conducting u condition assessment (c.g, on waters of the D.S. potentially impacted hy the proposed project; (18) Presence/absence surveys for federally listed threatened/endangered species; (10) Conducting u tree survey; (20) Application for General Land Office Easement. (21) Consultation with the l).S. Fish and Wildlife Service under Section 7of the Endangered Species Act; (22) Other environmental services not specifically defined in this scope of services; and (23) Provide any other services otherwise excluded in this AGREEMENT but customarily furnished in accordance with generally accepted engineering practices. LAku^oua\0LLkV0N*xwvu|ke,8,andhInterceptor 9Nl_PX/ SC-ll [)W`NEK__'___ ARTICLE IV TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services within nine(9) months of notice to proceed. If FNI's services are delayed through no fault of FNL FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. ARTICLE V RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services. G. Furnish, or direct FNI to provide, Special or Additional Services as stipulated in Attachment SC, Articles II and III of this AGREEMENT or other services as required. LAResources\0LCR\N\NRN1Wa1ker Branch Intercelxor FNI N . ..... SC-12 OWNER ARTICLE VI DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative Mike Curtis 7200 A Dick Fisher Drive South North Richland Hills,Texas 76180 Phone: 817-427-6460 Fax: E-mail: jc�ates@WNXXOTT) Owner's Accounting Representative Name: Address: Phone: Fax: E-mail: FNI's Project Manager Robb Otey 4055 International Plaza, Suite 200 Fort Worth,Texas 76109 Phone: 817-735-7562 Fax: 817-735-7492 E-mail iob—e Y—() ,cw C_mn FNI's Accounting Representative Matt Shafer 4055 International Plaza, Suite 200 Fort Worth,Texas 76109 Phone: 817-735-2238 Fax: 817-735-7492 E-mail: mcs@freese.com LARcsourccs\0LCR\N\NRWWa1kei Branch interceptor SC-13 OWNER- CO ATTACHMENT COMPENSATION Compensation to FNI for the Basic Services described in Attachment SC shalt be the lump sum of Three Hundred Twenty- Sewn Th^ooaoUF^v,HvnUredFnny'SixVW|am ($327.446.0O). Cmnpovau|iontoFN| hrGpo:im/ So,mveminAxeohmentSC shall ho computed nn the basis of the Schedule of Charges, but shall not exceed Eighty-Nine Thousand Sewrity-Nine Dollars ($88'878.0U). |fFN|sees the Scope N Services changing oo that Additional Sor\Aces are needed, including but not limited|v those seNces described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charliew. Position �in Max m Pfcsuiooa|^ 1 73 124 Professional .2 94 153 Professional'3 115 184 Professional'4 150 211 Professional -5 185 268 Professional'G 166 368 Construction Manager' 1 93 102 Construction Manager'2 111 168 Construction Manager'3 147 179 Construction Manager'4 118 238 CAD Technician/Designer' 1 82 186 CAD Technician/Designer'2 08 133 CAD Technician/Designer'3 120 177 Corporate Project Support ' 1 43 105 Corporate Project Support '2 70 185 Corporate Project Support -3 86 327 Intern/Coop 36 60 Rates for In-House Services Technology Charge Bulk Printing and Reproduction $8.5O per hour B&vv Color Small Format(per copy) $ $0.25 Travel Large Format (per sq.o.) Standard IRS Rates 000u $0�25 $0.75 Glossy/m*{a, $0.75 $1.25 Vinyl/xu^eo*o o1.50 $2.00 Mounting(per sq.*.) $200 Binding(per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. 7bey include outside printing and reproduction expense, communication expense, trawl, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Represefltatiw seNces performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNJ provides workspace and equipment to perform such sp,yc"o. these spnA;os will be billed otcost times a multiplier o(2.O. This markup approximates the cost \nFN| ifunFN| employee was performing the same o,similar services. These ranges and rates will Ww adjusted annually inFebruary. Last updated February 2V16. 3wo2m° L\Ow000rsK)LCX\N\Nka\wx|km Branch Interceptor lNI_mQL- - C{)^] (}VVyW8k'`'___ 0624-|h ATTACHMENT TC TERMS AND CONDITIONS OF AGREEMENT I DEFINITIONS: The term Owner us used herein refers/oCity of North Richland Hills,Texas The term FyVIuuused herein refers to Freese and Nichols,Inc.,its employees and agents;also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant tn the AGREEMENT. 1 CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the W0D]I required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes uo increase or decrease ioFNl's cost of,u'the time required for,the performance of any part of the Services under the AGREEMENT, ua equitable adjustment will he made by mutual agreement and the AGREEMENT modified io writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT maybe terminated by either party upon ten days'written notice. In the event of termination,FNI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, io addition, all reimbursable expenses directly attributable |vtermination. 4. CONSEQUENTIAL DAMAGES: fit no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment orsystems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist PNlby placing atEN{'o disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. RNl shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria,drawings,specifications or other information furnished by Owner, FNI shall disclose to Owner,prior to use thereof, defects or omissions in the data,design criteria,drawings,specifications or other information furnished by Owner to FNI that FNI may reasonably discover in its review and inspection therefor and,following such notification,FNI shall not rely on said information furnished hyOwner. 6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in /hououodd: Commercial General Liability Workers' Compensation General Aggregate $2.000 Each Accident $500 Automobile Liability (Any Auto) Professional Liability CSL $1,000 $}.000 Annual Aggregate 7, SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for FNI is incompetent or undesirable,Owner will notify FNI accordingly and FNI shall take inintediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. INDEMNITY: FNI does hereby covenant and agree to release, indemnify and hold harmless Owner, and its officials, officers,agents,representatives,employees,and invitees from and against any and all liability,claims,suits,demands and/or causes vf action, (indvdiog, but not limited to, attorney's fees and cost of litigation), which may arise by reason of death or injury to property or persons but only to the extent occasioned by any error, omission or negligent act of FNI, its officials, officers, agents, employees, invitees or other persons for whom FNI is legally liable with regard to the performance of this Contract,and FNI will,at its own cost and expense,defend and protect Owner against any and all such claims and derriands 9. OWN00|$B0P OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall he the property vf the Owner upon payment ofE0l'o fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse hy Owner "r others. Any reuse by Owner orby those who obtained said 6ocoroeu,o from Owner without written verification or adaptation by FNI will be at Owner's risk and without liability or legal exposure to FNI,or tvEMI'oindependent associates vr consultants, Any such verification or adaptation will entitle F0l/n further reasonable compensation. FNImay reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other activities. Any reuse by FNI will be at FNI's sole risk and without liability or legal exposure to Owner,and FNI shall indemnify and hold harmless Owner from all claims,damages,losses and expenses including attorneys' fees arising out oynr resulting therefrom, Page }of} FNI P \ OWN88_____ l& POLLUTANTS AND HAZARDOUS WASTES: Uix understood and agreed that F0I has neither created nor contributed m the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that rilay be caused by exposures to such substances or conditions. The parties agree that in performing the Services required hythis AGREEMENT,FNI does not take possession or control of the subject site,but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site, Further,FNI shall have norcupoosihi|i{yforunypo|lutuutJudngoiem*"p. uu"vy""udoo. »\orugoordinpoou| ucbvi.iox. ll. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost,financial evaluations,feasibility studies,economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment uxxn experienced and qualified design professional. It is recognized,however,that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 12. CONSTRUCTION REPRESENTATION: lf required hy the AGREEMENT,P0l will furnish Construction Representation according to the defined scope for these services. fNl will observe the progress and the quality of work /"determine in general if the work is proceeding inu000nduuocp/kb,h,ConuectDv,umenm. Inyr,fonnin8,bnvnservicex.\Nlvvi[|oudouvor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, iciy understood that}NI does not guarantee the Contractor's performance, nor ixF0l responsible for the supervision of the Contractor's operation and employees. Fh[l shall not hc responsible for the means, methods,techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor, FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent)at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not uFNI's employee orfNl'o agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 13, PAYMENT: Progress payments may be requested by rNI based on the amount of services completed. Payment for the services ofPNl shall he due and payable upon submission o(xstatement for services tu Owner and in acceptance uf the services as satisfactory by the Owner. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will hn added |uFNI'ocompensation. If Owner fails to make any payment due FNI for services and expenses within forty-five (45) days after receipt of FNI's statement for services therefore,the amounts due FNI will be increased at the rate of one percent(I%)per month from said forty-fifth(45,b)day,and,in addition,ENT may,after giving seven(7)duyn'vvd,te/`notice/v Owner,suspend services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges. 14. ARBITRATION: No arbitration arising out of,orrelating to,this AGREEMENT involving one party|o this AGREEMENT may include the other party to this AGREEMENT without their approval, 15. SUCCESSORS AND ASSIGNMENTS: Owner and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of Owner and FNI are hereby bound to the other party to this AGREEMENT and to the partners,successors,executors,administrators and legal representatives(and said assigns)of such other party,in respect of all covenants,agreements and obligations of this AGREEMENT. Neither Owner nor FNI shall assign,sublet or transfer any rights tinder or interest in(including,but without limitation,moneys that may become due ur moneys that are due)this AGREEMENT without the written consent of the other,except tothe ex/ou/ that any assignment,subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment,no assignment will release ordischarge the assignor from any duty u, responsibility under this AGREEMENT. Nothing contained io this paragraph shall prevent PMIfrom employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 16. PURCHASE ORDERS: If a Purchase Order is used to authorize FNI's Services,only the terms,conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall he determinative of the conflict. y^%'2vf 3 0TwNO8^___~~____ 17. EQUAL EMPLOYMENT OPPORTUNITY: FNI shall not discriminate against any employee or applicant for employment because of race,color,religion,sex or national origin.FNI shall take actions to ensure that applicants are employed,and that employees are treated during employment, without regard to their race,color,religion,sex or national origin. Such actions shall include,but not be limited to the following:employment,promotions,demotions,transfers,recruitment or recruitment advertising,layoffs,terminations,selection for training(including apprenticeships),and participation in recreational activities. I& FNI's REPRESENTATIONS: FNI hereby represents,promises and warrants to Owner that FNI is financially solvent and possesses sufficient experience,licenses,authority,personnel and working capital to complete the services required hereunder and that FNI has visited the site for the Project and thoroughly familiarized itself with visible site conditions under which the services required hereunder are to be performed. 19. PROMPT PERFORMANCE BY FNI: All services provided by FNI hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent engineer's in the State of Texas applicable to such services on the type of Project contemplated by this Agreement,and FNI shall be responsible for all services provided hereunder whether such services are provided directly by FNI or by any subcontractor hired by FNL FNI shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay and will give this Project such priority as is necessary to cause FNI's services hereunder to be timely and properly performed. 20. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in the Agreement shall be for any reason held to be invalid, illegal or unenforceable in any respect,such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had never been included. 21. GOVERNING LAW AND VEND: The validity of this Agreement and of any of its terms or provisions,as well as the rights and duties hereunder,shall be governed by and construed in accordance with Texas law. Venue shall lie in Tarrant County, Texas. 22. COUNTERPARTS: The Agreement may be signed in counterparts,each of which shall be deemed to be an original. 23. WAIVER: Notwithstanding any provision to the contrary,the Owner does not waive any rights or obligations it may have, either at common law or by statute,through this Agreement or any other agreement with FNI. In no event shall the making by Owner of any payment to FNI constitute or be construed as a waiver by Owner of any breach of covenant,or any default which may exist on the part of the FNI. 24. INDEPENDENT CONTRACTOR: FNI shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the Owner and FNI shall have the exclusive right to control services performed hereunder by FNI, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers,agents,employees and sub-consultants.Nothing herein shall be construed as creating a partnership orjoint venture between Owner and FNI, its officers,agents,employees and sub-consultants;and the doctrine of respondent superior has no application as between Owner and FNI. Page 3of 3 FNI F 1 l✓ OWNER______._._------- _____....�. ... .,..,_.,..... .,a......-.-. .,,.e,. ......_....... .....r ..,.. .._.. .......r.............. w r , � d w mm ry •.—v W 1 @MIa�M 4N1 f d " n I j d Jfaro m-9n 7 LY � ro x r a t . / 4 F h M � y k i r n r < " _Q i a e. .c x i d b d� id } � EX1d[Id[TA CITY OF NORTH RICHLAND HILLS WALKER BRANCH BASIN "'` ...k1..xS... WASTEWATER SYSTEM SEGMENT] &2 4 d f LBSiL'ND / �iI v ' MAlOft llAS4NS 10"'"" r .r cuawr vux FRIffE$E Utility Capital ,Projects Department Project Title Project Number Public Works Walker Branch Interceptor Project UT1607 Project Description As the Transit Orientated Development(TOD)areas begin to develop it is becoming apparent that the city's existing sanitary sewer system needs to be upgraded. The Walker Branch Interceptor Project will consists of sanitary sewer improvements. Section one of the project will consists of increasing the sizes of the lines from 6-inch,8-inch, and 10-inch to an 8-inch, 12-inch and a 15-inch respectively from Smithfield Road along Main Street to the Walker Creek and Mid-Cities Boulevard confluence.The total length of sewer line for this section is approximately 5,500 feet. Section two consists of replacing an 18"inch and 21-inch line with a 27-inch sewer line.The approximate length of this section of the project is 4,100 feet. Project Justification As the 27 mile Tex Rail Project gets closer to completion there has been more and more interest from private developers in the NRH Transit Oriented Development(TOD) Districts.Staff has reviewed several development plans proposed for these districts.One thing that staff is discovering is that some of the sanitary sewer lines are undersized for the higher density developments being proposed.This is especially true in the Smithfield TOD where prior to the proposed rail station this area was always planned for a lower density.In this situation a portion of the sewer upgrade in the Smithfield area is on the city's long term CIP plan but will now need to be constructed sooner than we had originally planned and one portion is a direct result of the development of the TOD. Funding sources are split roughly 50/50 from the impact fees(listed as other)and utility fees(listed as reserves). ProjectISehedule Beginning Date Ehdmg,Oato� I Budget History Professional Services Engineering/Design 7/1/2016 41112017 - Laod/ROW Acquisition - Construction - Other - Total Project Total Project Costs $ - Sources of Funds To Date 2418.16 ,2418;17 2417 to Total Amount 'Proposed Estimated Completion General Obligation Bonds - Certificate of Obligation - Federal/State Grants - Reserves 216,525 2,416,525 Sales Tax - Other(Impact Fees) 200,000 200,000 Total Funding $ - $ 416,525 $ - $ - $ 2,616,525 Total Project Costs Professional Services Engineering/Design 416,525 416,525 Land/ROW Acquisition - Construction - Other Total Costs $ - $ 416,525 $ - $ - $ 416,525 Impact on Operating Budget No operating impact is anticipated. Estimated Annual 2015-16, 2418 17 , 2417,18 2418.18 $•Year)Total Operating Im act -, $ -.. CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are Interested parties. OFFICE USE ONLY Complete Nos.1, 2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-74226 Freese and Nichols, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party tot the contract for which the form Is 06121/2016 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Walker Branch Interceptor Engineering services for the Walker Branch Interceptor Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Hatley,Tricia Oklahoma City, OK United States X New, John San Antonio,TX United States X Payne,Jeff Dallas,TX United States X Milrany, Cindy Fort Worth,TX United States X Nichols, Mike Austin,TX United States X Coltharp, Brian Fort Worth,TX United States X Pence , Robert Fort Worth,TX United States X Gooch, Tom Fort Worth,TX United States X Herchert, Robert Fort Worth,TX United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT �f I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. a 0 STATE OF TEXAS . , .KC*Ll="RIVER E�,E>W�Jab gg 2019 Signature of authorized agent of r prritracting business ehttty AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said gsttt7..rt_e_lyl,.Jobrtson ,this the L day of„_J_jtue 201116_.,______,to certify which,witness my hand and seal of office. r F o A „1p ! '0 F�f"RO��a... ..., LT Kelly Jean Shriver Ndotaty Public signature f officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: Office of the City Manager DATE: July 11, 2016 SUBJECT: Consider Ordinance No. 3419, amending Article III. - Boards, Commissions and Committees. PRESENTER: Alicia Richardson, City Secretary SUMMARY: The purpose of the ordinance is to revise the City's Code of Ordinances regarding appointment, review and attendance of Boards, Commissions, and Committees. GENERAL DESCRIPTION: City Council, at their June 13 and 27 work session meetings, discussed attendance records and expectations of appointees to adhere to attendance requirements. To ensure the City is providing good customer service to existing and potential businesses; Council directed staff to bring forward an ordinance to increase minimum participation percentage from 50 to 75. Council also directed staff to incorporate guidelines for staff to initiate discussion regarding attendance records with a downward trend. The proposed ordinance incorporates the wishes of the City Council There are several critical projects expected to go before some of the boards within the next three months, and staff anticipates kicking off work on the strategic plan in September. It will be important that board members are present and available through the year long process of developing the strategic plan. Traditionally, City Council takes action on their annual appointments at the first meeting in July. Staff preferred to have final action by Council prior to bringing forward the annual appointments. An item will be placed on the July 25 City Council agenda to take action on annual appointments. Following the June 27 work session meeting, staff reviewed the ordinance language and proposes an additional, but minor change. The proposed ordinance provides for a 12 month (July 1 through June 30) period for the attendance report. The previous language provided for an 11 month (July 1 through May 15) period. RECOMMENDATION: Approve Ordinance No. 3419. ORDINANCE NO. 3419 AN ORDINANCE AMENDING ARTICLE III "BOARDS, COMMISSIONS AND COMMITEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES, CITY OF NORTH RICHLAND HILLS, TEXAS TO AMEND ATTENDANCE REQUIREMENTS FOR BOARD AND COMMISSION MEMBERS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of North Richland Hills previously adopted regulations outlining the attendance requirements for Board, Commission and Committee members within the City of North Richland Hills, codified in Article III, Chapter 2 of the Code of Ordinances, City of North Richland Hills, Texas ("Code"); and WHEREAS, the City of North Richland Hills now desires to update and amend those regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: SECTION 1. THAT Subsection (m) "Attendance Reports" of Sec. 2-121 "Appointment, review, removal and training for board and commissions" of Article III "Boards, Commissions and Committees" of Chapter 2 "Administration" of the Code of Ordinances, City of North Richland Hills, Texas is amended to read as follows: Sec. 2-121 Appointment, review, removal and training for boards and commissions. (m) Attendance Reports. The staff person providing support to that particular board shall keep attendance reports at all meetings. The staff person will forward the attendance reports to the city secretary on or before the last day of each month. The city secretary will prepare a report for the city council showing attendance records for each board and each member thereof. This report shall be provided to the city council each month. A member who has missed seventy-five percent (75%) of the board's meetings from July 1 through June 30 shall automatically be dropped from membership on the board. The city secretary shall inform a council member if their appointee has missed three meetings within a six (6) month timeframe. The attendance reports referred to in this paragraph shall be made available to the city council and a copy Ordinance No. 3419 Page 1 furnished upon requested. Attendance at all regular meetings, special meetings and workshops shall be recorded and used to calculate attendance percentages. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances, City of North Richland Hills, Texas, as amended, except where the provisions are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. 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 4. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of North Richland Hills, Texas, as amended, which have accrued at the time of the effective date of this ordinance; and, as such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, shall not be affected by this ordinance but may be prosecuted until final disposition by the court. SECTION 5. This ordinance shall be in full force and effect from and after its passage as provided by law, and it is so ordained. PASSED AND APPROVED ON THIS 11th DAY OF July, 2016. Oscar Trevino, Mayor Ordinance No. 3419 Page 2 ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara Leahy White, City Attorney Ordinance No. 3419 Page 3 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Consider Resolution No. 2016-019, 2016 CJD Criminal Justice Programs Competitive Grant #31031-01. PRESENTER: Jimmy Perdue, Director of Public Safety 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 2016 CJD Criminal Justice Programs Competitive Grant #31031-01. If awarded, the Police Department plans to use the funds to purchase 22 new Stalker Dual DSR radar units. These radar units will be placed in the 21 police vehicles which currently are not equipped with radar units along with one spare unit. GENERAL DESCRIPTION: The North Richland Hills Police Department's patrol section has 33 police vehicles assigned to the section. Of these, 21 are currently without radar units installed. These vehicles are distributed throughout the four patrol shifts. Without radar units, officers assigned to these vehicles are unable to conduct speed related traffic safety enforcement within their assigned districts. Specifically, they are unable to sufficiently address community complaints in reference to speeding issues in their neighborhoods without the equipment to conduct traffic safety enforcement. Officers also act as a visible deterrent to motorist by conducting traffic stops in areas where they are known to exceed the safe speed limits. This visible deterrent can have positive impacts on the number of speed violations in areas where motorists know officers frequently conduct traffic safety enforcement using radar. The requested Stalker model radar units are equipped with front and rear mounted radar antennas and low profile speed display boxes which do not interfere or obstruct the officers view from the vehicle. The total of the grant request is $57,896.08. There is no match requirement for this grant request through the Texas Governor's Office. 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. 2016-019. RESOLUTION No. 2016-019 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 #31031-01; 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 #31031-01. PASSED AND APPROVED this the 11th day of July, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara White, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Public Safety Director ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Consider Resolution No. 2016-020, Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2016 PRESENTER: Jimmy Perdue, Director of Public Safety SUMMARY: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. § 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement. Specifically, the funds from this grant may be used to purchase equipment. The Police Department intends to purchase 16 tire deflation devices to finish equipping all front line marked police vehicles, a restraint chair and a suicide prevention blanket for the jail. The total cost for this project is $8,948. This grant provides $8,973 for the 2016 award. There is no match required. GENERAL DESCRIPTION: The Police Department proposes to use JAG funds for law enforcement related activities. The Department intends to purchase tire deflation devices that will be used to disable suspect vehicles fleeing from the police. Desperate suspects who are unwilling to stop for the police pose a threat to public safety. The goal is to end each pursuit as quickly and safely as possible. Deflation of tires on fleeing suspect vehicles has proven to be effective for forcing suspects to stop, while minimizing the risks to the public, the suspects, and the police. The Department intends to use the funds remaining in this award to purchase a jail restraint chair to secure violent prisoners once they are apprehended. The restraint chair protects police employees from the assaultive behavior of prisoners and protects the prisoners from harming themselves. In addition, the Department intends to purchase one suicide prevention blanket to prevent non-violent prisoners from harming themselves. RECOMMENDATION: Approve Resolution No. 2016-020. RESOLUTION NO. 2016-020 WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and accept the DOJ Justice Assistance Grant and make appointments for the conduct of business relative to Grant # BJA-2016-9020; 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 DOJ Justice Assistance Grant funds, the City Council of North Richland Hills assures that the funds will be returned to the DOJ 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 DOJ Grant # BJA-2016-9020. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the DOJ Grant # BJA-2016-9020. PASSED AND APPROVED this the 11th day of July, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara White, City Attorney APPROVED AS TO CONTENT: Jimmy Perdue, Director of Public Safety ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 11, 2016 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. Announcements: Old tires left outdoors hold standing water, which creates a breeding ground for mosquitoes. Help protect your family and neighborhood from mosquito-borne illnesses by properly disposing of unused tires. There will be a free tire collection event on Saturday, July 16th at the Dan Echols Center. Residents can drop off tires in the center's back parking between 9 a.m. and noon. In exchange for your tires you will receive 2 mosquito dunks. If you have questions, please contact the Neighborhood Services Department at 817-427-6650. Clear the Shelters Day is July 23rd. The North Richland Hills Animal Adoption & Rescue Center and other animal shelters across DFW will waive adoption fees on this day only. For more information, please visit the center's webpage or call 817-427-6570. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Police Officer Ken Boyer — Officer Boyer was recently working off duty at one of our local churches when a gentleman collapsed. Officer Boyer rushed to check on him and found that he had no pulse and was not breathing. Officer Boyer immediately started CPR and was able to revive the gentleman. He was transported to the hospital where he continued to improve. We are grateful for Officer Boyer's quick action and thank him for his dedication and commitment to those he serves.