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Home My WebLink AboutCC 2006-09-11 Agendas · . · · . CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 11, 2006 6:10 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2006-098 Municipal Setting Designation (15 minutes) A.3 IR 2006-099 Discussion of Proposed Revisions to Zoning Table of Permitted Uses (20 minutes) A.4 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 September 8, 2006 at 2', ~q ~.~ ' This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. .. .; . CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 11, 2006 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: o Library on the Friday prior to the meeting (available electronically) o City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.O . A.1 A.2 A.3 Call to Order - Mayor Oscar Trevino Invocation - Councilwoman Compton Pledge - Councilwoman Compton Special Presentation(s) and Recognition(s) - Proclamation National Recovery Month - Presented by Councilman Ken Sapp A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council . . · · C.2 · C.o C.1 .¡ Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of August 24, 2006 Special City Council Meeting B.2 Approval of Minutes of August 28, 2006 City Council Meeting B.3 PW 2006-031 Approve City Developer Agreement for Reimbursement of Infrastructure Improvements beyond the Developer's Proportionate Share for the Fountain Ridge Subdivision - Resolution No. 2006-076 B.4 GN 2006-082 Approval of 2006 Certified Tax Roll - Resolution 2006-074 B.5 GN 2006-084 Termination of Interlocal Agreement between the cities of North Richland Hills and Watauga for Animal Impound - Resolution No. 2006-073 PUBLIC HEARINGS RP 2006-07 Public Hearing and Consideration of a Request From Graham Ranch Partners, L.T.D. to Approve a Replat of Lots 1-11, Block 9R and Lots 1-13, Block 12, Graham Ranch - Phase Two (Located east of Rufe Snow and north of Chapman Rd. -- 22.368 acres). ZC 2006-10 Public Hearing and Consideration of a Request From Royal Building Corporation to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 7600 Block of Frankie B Rd. -- .997 acres). Ordinance No. 2899 C.3 ZC 2006-11 Public Hearing and Consideration of a Request from Mr. & Mrs. McCarty to Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No. 2900. C.4 FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a Final Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. -- 1.4 acres).(This item is not a public hearing but related to Item C.3). C.5 ZC 2006-12 Public Hearing and Consideration of a Request to Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single Family (Located in the 6700 Block of Meadow Rd. -- 3.0) - Ordinance No. 2901 C.6 ZC 2006-16 Public Hearing and Consideration of a Request From Smithfield Summit LP to Approve a Zoning Change from "1-2" Medium Industrial to "CS" Commercial Services (Located in the 6400 Block of Smithfield Rd. -- 1.033 acres). Ordinance No. 2903 . . . F.2 . C.7 ZC-2006-13 Public Hearing and Consideration of a Request to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 7000 Block of Douglas Ln. -- 1.234 acres). Ordinance No. 2902 D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.O PUBLIC WORKS E.1 PW 2006-024 Approve a Resolution Supporting a Municipal Setting Designation (MSD) Application to the Texas Commission on Environmental Quality for 1101-1107 Pamela Drive, 1103-1109, 1110, 1114 and 1118 South Airport Circle and 1205 Texas Star Parkway located in the City of Euless, Texas - Resolution No. 2006-062 F.O GENERAL ITEMS F.1 GN 2006-081 Consider revising Chapter 98, Section 98-374, of the Code of Ordinances by amending section 606.5 of the 2000 International Plumbing Code and repealing the prohibition of non-metallic (plastic) water distribution piping - Ordinance No. 2906 GN 2006-079 Adopting the 2005/2006 Revised Budget and 2006/2007 Proposed Budget - Ordinance No. 2904 F.3 GN 2006-080 Adopting the Tax Rate for Tax Year 2006 - Ordinance No. 2905 F.4 GN 2006-083 Interlocal Agreement between the Cities of North Richland Hills and Southlake for Animal Impoundment - Resolution No. 2006-075 F.5 GN 2006-085 Appointments to Economic Development Advisory Committee F.6 Information and Reports - Councilman Welch F.7 Adjournment All items on the agenda are for discussion and/or action. . . . Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 8, 2006 at '7., '. ~<\ ~.fu, This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. . A.1 A.2 A.3 A.4 . . City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 11, 2006 6:10 P.M. Discuss Items from Reqular City Council Meetinq IR 2006-098 Municipal Settinq Desiqnation (15 minutes) IR 2006-099 Discussion of Proposed Revisions to Zonina Table of Permitted Uses (20 minutes) Adiournment . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-11-2006 Agenda NO.A.1 Subject: Discuss Items from Regular City Council Meeting . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-098 Date: September 11, 2006 Subject: Definition and Requirements of Municipal Setting Designations In 2003, HB 3152 created Municipal Setting Designations (MSDs). This is a process in which persons addressing environmental impacts to groundwater may be subject to less stringent groundwater investigation and mitigation requirements under the Texas Risk Reduction Program (TRR). A person, typically a developer or property owner, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as a MSD. This process consists of the following. . · File an application with the TCEQ establishing compliance with the eligibility criteria for a MSD. · Notify affected municipalities, retail public utilities, and private owners of registered water wells. · Demonstrate that the property for which the designation is sought is subject to a municipal ordinance or deed restrictions prohibiting potable uses of affected groundwater. · Obtain a resolution in support of the application from municipalities and public utilities located within a 5 mile radius. · Satisfy TCEQ (after 60-day public comment period) that the application is administratively complete and there are no grounds for denial of the application based on current and future regional water resource needs or obligations. If granted, the applicant will not be required to clean up designated groundwater on their site to drinking water standards. However, other cleanup standards such as inhalation and contact must still be met. The application will not be approved by the TCEQ if the municipality where the site is located does not give formal approval. That approval must be by means of a City Council Resolution supporting the application and an ordinance prohibiting potable use of groundwater in the MSD. Potable use is defined here as water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes. Staff will provide a short presentation on the definition and requirements of an MSD during the Work Session. Agenda Item E.1 pertains to a MSD application for a site located in the City of Euless. Since a small cortion of the City of North Richland Hills ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS - . . falls within a 5 mile radius of the site, the City of North Richland Hills must approve the MSD by a resolution. This will be discussed further in Agenda Item E.1. The purpose of the Work Session item is to explain the general MSD process. Respectfully submitted, Mike Curtis, P.E. Public Works Director . . . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-099 Date: September 11, 2006 Subject: Discussion of Proposed Revisions to Zoning Table of Permitted Uses Staff is bringing a draft of proposed changes to the Zoning Table of Permitted Uses to get input from City Council prior to scheduling any public hearings (P&Z and CC). The Planning & Zoning Commission has met on July 6, 2006 and on September 7, 2006 in work session meetings regarding these changes. These proposed changes are an effort to clarify permitted uses and make the permitted use table more understandable. All the proposed changes are identified in separate colors in your agenda files to allow each of you to identify all proposed chan es ellow indicates new items either added or old items removed; here are five basic changes to the Table of Permitted Uses. Following is a summary of the proposed changes. . Elimination of the Conditional Special Use Permits (CS) - Our current table of permitted land uses has several designations that are listed as CS which is cumbersome for staff and confusing to the general public. Section 118-204 specifies the conditions requiring a conditional special use permit. The CS stands for Conditional Special Use Permit and basically allows a permitted use unless the request falls within 200 feet of residential property or is located within a residential zoning district. Staff and the Planning & Zoning Commission are recommending that this category be eliminated and all the CS designations changed to either be allowed by right (P) or allowed under a Special Use Permit (S) or not allowed at all ( ). This change will simplify the permitted use table and allow for staff and the general public to clearly be able to determine permitted uses without having to determine distances from certain properties and eliminate potential errors in reading the table for all parties. Specifying Outdoor Commercial Uses to allow and encourage Outdoor Entertainment Uses - Staff is recommending that some of the land uses be eliminated from the Outdoor Commercial district and some uses be added to encourage more entertainment related uses. We are proposing to remove certain automobile and manufacturing uses, but add uses such as miniature golf course, health studios and recreation centers, swim and tennis clubs, restaurants and cafeterias, garden centers and feed stores. Uses currently allowed that will not change include bowling lanes, golf courses, movie theatres, country clubs, roller or ice skating rinks and farmers markets. We think this change will encourage more entertainment related uses within our current entertainment area that includes NRH20 and Mountasia. ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS -- . . . Specifying a minimum of 5 acres for Automobile and Truck Dealerships - Staff is proposing that automobile and truck dealerships with new and used vehicles that have outdoor display and sales have a minimum of 5 acres to operate. Some of the smaller auto lots typically do not have stability, and the small sites cause them to move their displays onto rights of way or adjoining properties if they are vacant. This proposed change with the requirement for a Special Use Permit should encourage attractive and vibrant dealerships that will be in the community for a longer period and provide stability. Clarifying allowed uses with Alcohol Sales - The State has passed regulations on alcohol sales that were adopted by the City in 2003 but have not been reflected in the Table of Permitted Uses. This change will be reflected in the new permitted use tables. Basically, an establishment which derives more than 75% of its revenue from alcoholic beverages is only allowed in the C-2, HC and OC zoning districts. On premise alcohol sales as part of a restaurant are allowed by right in all commercial districts except 01, LR and NS which require a Special Use Permit. Off premise sales alcohol sales which are typically part of a grocery store, convenience store or super store are allowed by right in all commercial districts except Office and Local Retail. Adding New and Unlisted Land Uses (some by right and some by SUP)- Staff is proposing the addition of new land uses including Pet Day Care, Accessory Off-Site Parking Lots and Private Street Residential Subdivisions. We are also suggesting new definitions for Wedding Chapel and Weight Loss Center. It is also being suggested to eliminate Finishing Store. This is under the retail category, but we are uncertain as to the actual use because we have no definition. We are requesting City Council for any feedback and suggestions on any further areas to evaluate, and for a consensus to proceed with advertising for formal hearings on the recommended changes to the Table of Permitted Uses. Respectfully Submitted, John Pitstick Director of Planning & Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda NO.A.4 Subject: Adjournment . . . City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 11, 2006 7:00 P.M. A.O Call to Order - Mayor Oscar Trevino A.1 Invocation - Councilwoman Compton A.2 Pledqe - Councilwoman Compton A.3 Special Presentation(s) and Recoanition(s) - Proclamation National Recovery Month - Presented by Councilman Ken Sapp . A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Aqenda B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of Auaust 24. 2006 Special City Council Meetina B.2 Approval of Minutes of Auqust 28. 2006 City Council Meetina B.3 PW 2006-031 Approve City Developer Aqreement for Reimbursement of Infrastructure Improvements beyond the Developer's Proportionate Share for the Fountain Ridqe Subdivision - Resolution No. 2006-076 8.4 GN 2006-082 Approval of 2006 Certified Tax Roll - Resolution 2006-074 . . 8.5 GN 2006-084 Termination of Interlocal Aqreement between the cities of North Richland Hills and Watauqa for Animal Impound - Resolution No. 2006-073 C.O PUBLIC HEARINGS C.1 RP 2006-07 Public Hearinq and Consideration of a Request From Graham Ranch Partners. L. T. D. to Approve a Replat of Lots 1-11. Block 9R and Lots 1- 13. Block 12, Graham Ranch - Phase Two (Located east of Rufe Snow and north of Chapman Rd. -- 22.368 acres). C.2 ZC 2006-10 Public Hearinq and Consideration of a Request From Royal Buildinq Corporation to Approve a Zoninq Chanqe from "AG" Aqricultural to "R-2" Sinqle Family Residential (Located in the 7600 Block of Frankie B Rd. -- .997 acres). Ordinance No. 2899 C.3 ZC 2006-11 Public Hearinq and Consideration of a Request from Mr. & Mrs. McCarty to Approve a Zoninq Chanqe from "AG" Aqricultural to "R-1-S" Special Sinqle Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No. 2900. . C.4 FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a Final Plat of Lot 1. Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. -- 1.4 acres).(This item is not a public hearinq but related to Item C.3). C.5 ZC 2006-12 Public Hearinq and Consideration of a Request to Approve a Zonina Chanae from "AG" Aaricultural to "R-1-S" Special Sinale Family (Located in the 6700 Block of Meadow Rd. -- 3.0) - Ordinance No. 2901 C.6 ZC 2006-16 Public Hearinq and Consideration of a Request From Smithfield Summit LP to Approve a Zonina Chanae from "1-2" Medium Industrial to "CS" Commercial Services (Located in the 6400 Block of Smithfield Rd. -- 1.033 acres). Ordinance No. 2903 C.7 ZC-2006-13 Public Hearing and Consideration of a Reauest to Approve a Zoning Chanae from "AG" Aaricultural to "R-2" Sinale Family Residential (Located in the 7000 Block of Doualas Ln. -- 1.234 acres). Ordinance No. 2902 D.O PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.O PUBLIC WORKS . . F.2 F.3 F.4 F.5 . F.6 F.? . E.1 PW 2006-024 Approve a Resolution Supportina a Municipal Settina Desianation (MSD) Application to the Texas Commission on Environmental Qualitv for 1101- 1107 Pamela Drive. 1103-1109. 1110. 1114 and 1118 South Airport Circle and 1205 Texas Star Parkway located in the City of Euless. Texas - Resolution No. 2006-062 F.D GENERAL ITEMS F.1 GN 2006-081 Consider revisinq Chapter 98. Section 98-374. of the Code of Ordinances bv amendinq section 606.5 of the 2000 International Plumbinq Code and repealina the prohibition of non-metallic (plastic) water distribution pipina _ Ordinance No. 2906 GN 2006-079 Adoptina the 2005/2006 Revised Budaet and 2006/2007 Proposed Budaet - Ordinance No. 2904 GN 2006-080 Adoptina the Tax Rate for Tax Year 2006 - Ordinance No. 2905 GN 2006-083 Interlocal Aareement between the Cities of North Richland Hills and South lake for Animal Impoundment - Resolution No. 2006-075 GN 2006-085 Appointments to Economic Development Advisorv Committee Information and Reports - Councilman Welch Adjournment CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No.A.O Subject: Call to Order - Mayor Oscar Trevino . . CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No.A.1 Subject: Invocation - Councilwoman Compton . . CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No.A.2 Subject: Pledge - Councilwoman Compton . . CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Councilman Ken Sapp Council Meeting Date: 9-11-2006 Agenda No.A.3 Subject: Special Presentation(s) and Recognition(s) - Proclamation National Recovery Month - Presented by Councilman Ken Sapp . . . . e NRH CITY OF NORTH RICHLAND HILLS PROCLAMATION WHEREAS, 74 percent of Americans say that addiction to alcohol or drugs has had some impact on them at some point in their lives, whether it was their own personal addiction, that of a friend or family member, or any other experience with addiction; and WHEREAS, stigma and discrimination present obstacles and can be a mark of disgrace to those with substance abuse disorders who need access to treatment facilities, and for those who want to reestablish their place in the community by entering the workforce; and WHEREAS, educating our community about how substance abuse disorders affect children, families, and all community members is essential to overcoming stigma and discrimination; and WHEREAS, we must recognize the achievement of those who seek out treatment services and ensure that such services are readily available to those who need assistance; and WHEREAS, substance abuse disorders are a treatable, yet serious health care problem, and we can take steps to address it and so build a stronger, healthier community; and WHEREAS, to help achieve this goal, the U.S. Department of Health and Human Services, the Substance Abuse and Mental Health Administration, the White House Office of National Drug Control Policy, and the Challenge Coalition, invite all residents of Tarrant County to participate in National Alcohol and Drug Addiction Recovery Month (Recovery Month). NOW, THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills, do hereby proclaim the month of September 2006 as "NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" in the City of North Richland Hills. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 11 th day of September, 2006. Oscar Trevino, Mayor . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No.A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No.A.5 Subject: Removal of Item(s) from Consent Agenda . e . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No. B.O Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. . . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9-11-2006 Agenda No.B.1 Subject: Approval of Minutes of August 24, 2006 Special City Council Meeting Recommendation: To approve the minutes of the August 24, 2006 Special City Council meeting. . . . MINUTES OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 - AUGUST 24, 2006 A.O CALL TO ORDER Mayor Trevino called the Special meeting to order August 24, 2006 at 7:01 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern / Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Attorney A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. PUBLIC HEARINGS B.1 GN 2006-073 CONDUCT PUBLIC HEARING ON PROPOSED TAX RATE . . . Mayor Trevino opened the Public Hearing on the proposed tax rate for Fiscal Year 2006-2007. Mr. Drew Corn, Budget Director, presented a PowerPoint presentation, giving an overview of the proposed tax rate. Mr. Corn discussed the history of the net taxable values, 2006 appraised values, and changes in property value. The proposed tax rate for Fiscal Year 2007-2007 is 57 cents. The 57 cents tax rate has been maintained for 14 consecutive years. Mr. Corn advised the effective tax rate of 56.7969 cents is the property tax rate necessary to produce the same amount of property tax revenues as the prior year. Because the proposed rate is higher than the effective tax rate, two public hearings are required. Mayor Trevino asked for public comments on the proposed 57¢ tax rate. There being no one wishing to speak, Mayor Trevino closed the public hearing. Mayor Trevino announced the second public hearing will be held on August 28, 2006 and the tax rate will be adopted on September 11 , 2006. B.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:11 p.m. ATTEST: Oscar Trevino - Mayor Patricia Hutson - City Secretary CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9-11-2006 Agenda No.B.2 Subject: Approval of Minutes of August 28, 2006 City Council Meeting Recommendation: To approve the minutes of the August 28, 2006 Council meeting. . . . MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS, HELD IN THE CITY HAll, 7301 NORTHEAST lOOP 820 - August 28, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28th day of August, 2006 at 5:30 p.m. in the Pre-Council Room prior to the 7:00 p.rn, regular Council meeting. Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch . Staff Members: Larry J. Cunningham Richard Torres Ogden Bo Bass Karen Bostic Patricia Hutson Monica Solko George Staples Mary Edwards John Pitstick Larry Koonce Mike Curtis Patrick Hillis Jimmy Perdue Drew Corn Eric Wilhite Carrie Poston Mike Rawson Sean Hughes Richard Abernethy Call to Order Mayor Mayor Pro Tern, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Managing Director Administrative/Fiscal Services City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Public Works Director Human Resources Director Police Chief Budget Director Chief Planner Information Services Assistant Director Assistant Fire Chief of Operations Emergency Management Coordinator Assistant to the City Manager Mayor Trevino called the work session to order at 5:32 p.m. . . A.O Discuss Items from Reaular City Council Meetina No items were discussed. B.1 IR 2006-092 Recort of Various Water Issues Mike Curtis, Director of Public Works, presented a PowerPoint presentation to update the City Council on the following issues. . 1.) Gifford Lane/McKee Water System, a private water system that serves approximately 40 residents along and in the proximity of Shady Grove Road. Approximately 17 of the 40 residents live in North Richland Hills. The McKee customers were informed by mail in May that the system was going to be shut down and water would no longer be provided beginning July 4, 2006. The State did not allow the private system to shut down on July 4th. Public Works staff has continued to be in contact with the State and been told that the State would not allow the closure of the McKee Water System until the City has public water mains in place to serve the North Richland Hills residents. The residents that live along Shady Grove Road have a City water main that they can connect to for service. However, 12 residents that are connected to the McKee Water System live along a private road (Gifford Lane). The Public Works staff has not been able to get easements from all of the residents along Gifford Lane, but we were able to get the easements along the west side. This will allow the public water main to be constructed along the west side of the road. Since the easements extend to the center of the private road, all residents on both sides will have access to the water main. The City began construction of the water mains in August and should be complete in approximately two weeks. Staff is not connecting the residents to City water until they have paid their share of the new water main and all impact fees and connection fees. The water main is being constructed so there will not be any delays from the City if the McKee system completely fails or the owner gets approval to shut down the system. 2.) Customers have been experiencing drinking water taste and odor concerns. Historically during the summer months taste and odor issues were due to algae blooms in the lakes. This year with the drought conditions and varying source water contributions from Tarrant Regional Water District, taste and odor issues have been magnified. The East Texas Cedar Creek and Richland Chambers Reservoirs serve as the primary water sources for the Trinity River Authority (TRA) and many Tarrant County lakes serve as the primary water sources for the City of Fort Worth. Both of the City's wholesale water suppliers are making plant adjustments to reduce customers concerns. Taste and odor issues can only be improved at the water treatment plant. Algae does alter the taste and the smell of water, but does not present a health risk; the treated water continues to meet all drinking water regulations. . 3.) Record number of water main breaks in the City. The City experiences about 100 to 130 main breaks per year. Last year there were 120 breaks. By the end of June this . . . year we had already repaired 124 water main breaks. Breaks are occurring in the evening, having an increasing impact on the budgeted overtime account for Public Works as well as our response times. The water conservation measures that the city implemented last month is also making the public more aware of water main breaks. Residents are reporting breaks earlier. Although in some cases residents who have reported the main break have not been aware of these time constraints (minimum of 4 hours to mark utility lines) and therefore believe the city is not being as responsive as they should be. Staff is placing door hangers on doors in areas of a reported water main break to educate the residents about the process and to keep them informed. Staff suspects that the increase in water main breaks is being caused by the shifting of the dry soil and the amount of water being used. Although the city implemented water conservation staff has not seen a decrease in the total water usage. The increase has been due to drought conditions that North Texas is experiencing. The city is averaging about 18.5 million gallons of water per day which is slightly higher than the 18 million gallons per day this time last year. The city has a peak system capacity of approximately 35 to 37 million gallons per day. The 24 to 25 million gallons per day of peak demand that is being placed on the system is well below the systems capacity. B.2 IR 2006-094 Briefina on the Status of Iron Horse Golf Course Re-Ocenina Richard Torres, Assistant City Manager, presented a PowerPoint presentation to brief the City Council on the current plans for the Re-Opening of Iron Horse Golf Course. Pictures shown were the different stages of the planting of the new course greens. Updates on the course will be the resurfacing of the parking lot, new golf carts, restroom facilities have been cleaned and painted, and the club house has also been painted and carpets cleaned for the re-opening. A tentative date for the re-opening is set for September 20th. C.o Adiournment Mayor Trevino announced at 6:06 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order August 28, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor . John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Pro Tem, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Larry J. Cunningham Ogden Bo Bass Richard Torres Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Sapp gave the invocation. . A.2 PLEDGE OF ALLEGIANCE Councilman Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 YARD OF THE MONTH AWARDS - KEEP NRH BEAUTIFUL COMMISSION MEMBER DORIS TIPPS & COUNCILMAN BARTH Ms. Doris Tipps, Keep NRH Beautiful Commission Member and Councilman Barth recognized the August Yard of the Month recipients: Mr. & Mrs. Mitchell Feris, 3805 Diamond Loch West, Robert Helm, 6900 Corona, Mary Kay Austin, 6332 Skylark Circle, Jesus & Celina Quintana, 7201 Jamaica Way, Rob & Jennifer Reigle, 6005 Winterpark, Julie Barrington, 6704 Mabell, Roy & Judy Odom, 9204 Edgemont Drive, Trey Baer, 7829 Green Valley Drive, Donald & Myra Gasser, 7920 Kandy, The recipient of the Business Landscape award was Kevin Smith Insurance Agency (Farmers Insurance Group), 8240 Mid-Cities Boulevard. A.5 CITIZENS PRESENTATION . . . . Two Public Meeting Appearance Cards were turned in. Mayor Pro Tern Lewis called for Nancy Lallande, 8425 Emerald Circle to speak first. Ms. Lallande was not present. Mayor Pro Tern called for Laverne O'Steen to speak next. Ms. Laverne O'Steen, 8429 Emerald Circle, presented a plat which showed the property she was referring to. Ms. O'Steen commented on concerns associated with the Emerald Lakes and stated that this was her 14th citizen presentation on the subject matter. Mayor Trevino asked Ms. O'Steen who owned the property she was referring to? Ms. O'Steen did not comment. Mayor Trevino asked Bo Bass, Assistant City Manager, who owned the property that Ms. O'Steen was referring to? Mr. Bass stated that all documents indicate that the Home Owners Association of Emerald Lakes own the property. Mayor Trevino stated that in essence Ms. O'Steen owned the property she was complaining about. George Staples, City Attorney, stated that the City was very aware of Ms. O'Steen's concerns, however - as has been stated on numerous occasions - this is an issue on private property that is owned and maintained by the Emerald Hills Home Owners Association. There is no legal basis for the City to assume any private obligations for the maintenance of the wall and lake. City staff has repeatedly responded to questions. In addition, City staff has provided Ms. O'Steen access to City records on the issue and offered copies of these materials. Ms. O'Steen has been notified in a letter from FEMA that the City has met all of the requirements associated with the flood plain permit and process. No public life-safety issue has been observed. If there is a safety issue, it is the responsibility of the private property owner to correct it. Once again, the problems Ms. O'Steen keeps referring to are on private property. The City simply cannot go in and make improvements on private property. It is the responsibility of every private property owner to take care of their own private property repair and maintenance items and not the responsibility of the general taxpayers of our community. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA Councilman Whitson removed item B.2 from the Consent Agenda. B.O APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 14, 2006 CITY COUNCIL MEETING B.2 REMOVED . B.3 PU 2006-052 CONSIDERATION OF A CONTRACT WITH AIR CLEANING TECHNOLOGIES, INC. FOR PL YMOVENT VEHICLE EXHAUST EXTRACTION SYSTEMS AT STATIONS NO.2 & NO.3 - RESOLUTION NO. 2006-072 COUNCILMAN TURANGE MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. B.2 FP 2006-08 CONSIDERATION OF A REQUEST FROM AHLBORN DEVELOPMENT INC. TO APPROVE A FINAL PLAT OF A 27 LOT SINGLE FAMILY SUBDIVISION TO BE KNOWN AS TOWN WALK CHASE ADDITION (LOCATED IN THE 8400 BLOCK OF AMUNDSON DRIVE -7.172 ACRES). APPROVED Councilman Whitson advised his residence was in close proximity to the development and would abstain from discussion and voting. . An affidavit of disqualification has been completed by Councilman Whitson and filed with the City Secretary stating the nature of the interest was residence in close proximity to the development. COUNCILMAN WELCH MOVED TO APPROVE FP 2006-08. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0; COUNCILMAN WHITSON ABSTAINING. PUBLIC HEARINGS C.1 GN 2006-074 CONDUCT PUBLIC HEARING ON PROPOSED TAX RATE Mayor Trevino opened the Public Hearing on the proposed tax rate for Fiscal Year 2006-2007. Drew Corn, Budget Director, presented a PowerPoint presentation, giving an overview of the proposed tax rate. Mr. Corn discussed the history of the net taxable values, 2006 appraised values, and changes in property value. The proposed tax rate for Fiscal Year 2006-2007 is 57 cents. The 57 cents tax rate has been maintained for 14 consecutive years. Mr. Corn advised the effective tax rate of 56.7969 cents is the property tax rate necessary to produce the same amount of property tax revenues as the prior year. Because the proposed rate is higher than the effective tax rate, two public hearings are required. This was the second required hearing on the proposed tax rate. . . Mayor Trevino asked for public comments on the proposed 57¢ tax rate. There being no one wishing to speak, Mayor Trevino closed the public hearing and announced the tax rate adoption is set for the September 11, 2006 City Council Meeting. C.2 GN 2006-075 CONDUCT PUBLIC HEARING ON PROPOSED 2006-2007 BUDGET Mayor Trevino opened the Public Hearing on the proposed 2006-2007 Budget. Drew Corn, Budget Director, presented a PowerPoint presentation. The budget work session to review the proposed 2006-2007 budget was held August 4-5, 2006. At the work session, City Council reviewed the budgets for all operating funds, capital project funds, and the budgets for the Crime Control & Prevention District and the Park & Recreation Facilities Development Corporation. Subsequent to the work session, the changes City Council requested have been included in the 2005-2006 Revised Budget and in the 2006-2007 Proposed Budget. The 2006-2007 Proposed Annual Operating Budgets for all operating funds are as follows: . General Fund Debt Service Fund Park & Recreation Fund Crime Control District Promotional Fund Donations Fund Special Investigation Fund Drainage Utility Fund Gas Development Fund Utility Fund Aquatic Park Fund Golf Course Fund $34,569,836 8,765,524 4,309,648 4,623,240 216,262 166,617 396,281 707,186 447,250 22,672,516 3,930,396 2,424,460 Proposed Capital Improvements Budget totals $30,252,692. The breakdown between funds is as follows: Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects Aquatic Park Projects Municipal Facility Projects Major Capital Equipment $10,481,508 345,000 2,975,000 1 ,964,889 912,000 7,001,602 2,018,100 . . Economic Development Projects CIP Personnel 3,410,000 1,144,593 The 2006-2007 Proposed Budget is based on continuing the 57 cent tax rate for the 14th year. The adoption of the 2006-2007 Budget is recommended for the September 11 th Council meeting. Mayor Trevino asked for public comments on the proposed 2006-2007 Budget. There being no one wishing to speak, Mayor Trevino closed the public hearing and announced that the budget adoption is set for the September 11, 2006 City Council Meeting. PLANNING & DEVELOPMENT NO ITEMS FOR THIS CATEGORY. NONE. PUBLIC WORKS . E.1 PW 2006-029 APPROVE RESOLUTION PROVIDING ASSURANCES ON THE FUNDING OF REQUIREMENTS OF THE ENFORCEMENT RESPONSE PLAN REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY- RESOLUTION NO. 2006-068 APPROVED Mike Cutis, Director of Public Works, presented the item. The City of Fort Worth has been directed by the Texas Commission on Environmental Quality (TCEQ) to modify the city's Pretreatment Program. The City of Fort Worth is requiring its wholesale customers to submit several items which address the required revisions to the Industrial Wastewater Pretreatment Program. The City of North Richland Hills only needs to provide the following 3 items to meet these requirements. 1) City resolution establishing the intent to fund the required Industrial Wastewater Pretreatment Program/Enforcement Response Plan from user fees on industrial customers (this Council item E.1). 2) Ordinance revising the Industrial Wastewater Ordinance as required by the TCEQ which will consist of some definition changes and permitting procedures (the next Council item E.2). 3) Attorney Statement (to be prepared separately by City Attorney, not an agenda item). The City has had an Industrial Wastewater Pretreatment Program since 1991. This resolution does not change that program, but provides a document from the City which fulfills a TCEQ requirement placed on Fort Worth, the regional provider. All wholesale customers have been requested to provide the same resolution. . . COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION No. 2006-068. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. E.2 PW 2006-030 APPROVE AMENDING ARTICLE IV OF CHAPTER 78 OF THE NORTH RICH LAND HILLS CODE OF ORDINANCES AND AMEND THE CITY'S INDUSTRIAL WASTE REGULATIONS - ORDINANCE NO. 2898 APPROVED Mike Curtis, Director of Public Works, stated this was the second item requested from the City of Fort Worth from the previous item. Since North Richland Hills is a customer of the City of Fort Worth, we are therefore required to make the same revisions in our ordinance in order to remain in compliance. A summary of the required changes · The deletion of some definitions. · The addition of prohibited discharges. · The concentration of certain pollutants being changed. These changes will not negatively impact the City's current program budget. . COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE No. 2898. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2006-076 CONTRACT AUTHORIZING PASS THROUGH VEHICLE REPLACEMENT STATE GRANT AGREEMENT FOR THE NORTHEAST TRANSPORTATION SERVICE - RESOLUTION NO. 2006-069 APPROVED . Richard Abernethy, Assistant to the City Manager, summarized the item. The city is acting as a pass through conduit for the grant funds. No city funding is required to administer the contract. Although the grant agreement is for Fiscal Year 2006, the contract will allow the grant to be used up to April 30, 2007. The NETS Board unanimously approved the use of the grant at their August 16, 2006 Board Meeting and would plan to use the grant to replace one of their older vehicles that is not able to operate on a full-time basis. The total award amount is $42,873 and requires a local match of 20°Æ> or $8,574.60. The local match will be funded from the NETS local fund budget. The grant also requires any new vehicle, purchased with these funds, to be powered by a clean burning fuel such as propane or natural gas. . . . Mayor Trevino requested Mr. Abernethy to give the Council an update at the end of the fiscal year on what the ridership is and how many North Richland Hills residents are using the service. COUNCILMAN TURNAGE MOVED TO APPROVEN RESOLUTION No. 2006-069. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2006-077 CONSIDERATION OF DESIGNATING AN OFFICIAL NAME FOR LITTLE BEAR CREEK NEIGHBORHOOD PARK - RESOLUTION NO. 2006-070 APPROVED Richard Torres, Assistant City Manager, presented the item. The Naming board convened on August 14, 2006, to consider issues related to making recommendations for the naming of various parks. One item on this agenda was to consider potential names for Little Bear Creek Neighborhood Park (in the northern part of the city adjacent to Continental Trail). This park site is currently under construction and is expected to be completed by the end of this year. The park will be a Texas Mission theme park. Councilwoman Compton a Naming Board Chairperson stated that the Naming Board met and discussed the possible names for the new park located in the Little Bear Creek area. The board is committed to honoring those who have made significant impact on the City. The name Dr. David Pillow is one such person that the city would like to honor. Without his vision there is a strong possibility that we would not be a home of a nationally recognized hospital. North Hills Hospital ranks among the nations very best. In fact, just a few weeks ago the cardiac unit received the highest possible rating. Because of Dr. Pillows commitment to our city, especially during our city's infancy, it is only fitting that he be recognized as one of our fore fathers. Many people do great things in quite ways and many people do provide a wonderful service to others. Their commitment deserves to be recognized. This is one attempt for us as a community to say thank you to one of our outstanding citizens. By unanimous vote the Naming Board, the recommendation is for the Little Bear Creek Neighborhood Park to be officially named "Dr. Pillow Park" in recognition of the early contributions made by Dr. David Pillow to the City of North Richland Hills. There will also be a plaque located close to the signage giving the history of who Dr. David Pillow is and what he did for the our City. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-070. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. . F.3 GN 2006-078 CONSIDERATION OF A NEW NAME FOR THE SOUTH ELECTRIC TRAIL - RESOLUTION NO. 2006-071 APPROVED Richard Torres, Assistant City Manager, presented the item. The Naming board convened on August 24, 2006 to consider a recommendation for a new name for the South Electric Trail. This soon to be completed hike/bike trail is located in the southern portion of the City. This trail will be 1.9 miles long and has simply been labeled "South Electric Trail" because it follows a TXU easement. It is believed by the Naming Board and staff that it would be more appropriate to give this significant trail a name to recognize the efforts of some community leader as has been done with many of the new neighborhood parks. . Councilwoman Compton a Naming Board Chairperson stated that the Naming Board met last week and came up with the recommendation for what has been known as the South Electric Trail. This is one of the many trails located in North Richland Hills. The Naming Board voted unanimously to recommend that the new name for the South Electric Trail be "JoAnn Johnson Trail" after former City Councilwoman JoAnn Johnson. Ms. Johnson graciously served our City for 15 years. As a result of her dedication to the park and trail system for the entire City, the revitalization and preservation of the southern part of our city, Boulevard 26 area, and maintaining a rich history with a city with the publication of the city's first history book a few years ago, is very appropriate to name the trail after her. This trail which is currently under construction is located in her neighborhood and will connect to Boulevard 26; that she is so passionate about. It is very important to her and it seems very fitting that she continue to be recognized for the important contributions that she has made to the citizens of North Richland Hills. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-071. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.4 INFORMATION AND REPORTS Councilman Turnage made the following announcements. City Hall and other City Offices will be closed on Monday, September 4th, in observance of the Labor Day holiday. Garbage will be collected by Allied Waste Services. Join us at Dick Faram Park on Saturday, September 9th at 7 p.m. for a free night of family fun. Bring your blankets and lawn chairs and watch "E.T. The Extra Terrestrial" on the lawn. . . . . Parking is very limited so you are encouraged to walk or ride your bike to the park. For more details, please call 817-427-6600. The Neighborhood Services Department is hosting workshops from 9 a.m. to noon on Saturday, September 9th, and Saturday, September 23rd, in the City Council Chambers at City Hall. The workshops will focus on the new Neighborhood LOOKS and Litter NOT programs. The Neighborhood Initiative Program will also be discussed. The public is invited to attend and learn more about these important community programs. For more details, please call 817-427-6663. Kudos Korner - Debbie York, Neighborhood Services Department - A letter was received from an elderly North Richland Hills resident thanking Debbie and the volunteers of the Neighborhood Initiative Program who trimmed overgrown trees, cleared brush and removed an old fence from her property. The resident said she is overwhelmed with gratitude for everyone who helps make the Neighborhood Initiative Program possible. F.5 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:20 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 9-11-2006 Agenda No. B.3 Subject: PW 2006-031 Approve City Developer Agreement for Reimbursement of Infrastructure Improvements beyond the Developer's Proportionate Share for the Fountain Ridge Subdivision - Resolution No. 2006-076 The developer of the Fountain Ridge Addition located on Davis Boulevard adjacent to Home Town is requesting City participation on some utility improvements that were constructed with the subdivision. The utility improvements consist of a 10 inch water line and an 8 inch sanitary sewer line. Both are explained in detail. The 10 Inch Water Line: The City's master plan called for a 10 inch water line to be constructed along Davis Boulevard. The developer designed and constructed the 10 inch water line. However, the developer was only required to construct an 8 inch water line to meet the City's minimum design standards. The 10 inch water line identified on the master plan is planned for ultimate development. Staff believed it was reasonable to construct the 10 inch water line at the time of the Fountain Ridge Addition instead of the 8 inch water line. Since the 10 inch water line exceeded the developer's proportionate share, staff believes the developer should be reimbursed the cost difference between the 8 inch water line and the 10 inch water line. The cost difference is explained in detail in the City-Developer Agreement and comes to $7,921.38. The 8 Inch Sanitary Sewer Line: The developer was required to provide an 8 inch sanitary sewer line to serve the development. At the time of platting, it appeared that the only sanitary sewer line in the vicinity of Fountain Ridge was a private sewer line that served the adjacent mobile home park. Since it is against City policy to connect public utilities to a private utility line, staff informed the developer that he would be required to construct a new public 8" sanitary sewer line to serve the development. It has since been discovered that a portion of the private sewer line was connected to a subdivision that was constructed in the late 70's and early 80's. This means that even though the sewer line was considered private it was being used as a public line. Therefore, the developer's request for City participation for the 8 inch sanitary sewer is reasonable. Typically these issues are resolved during the platting process. However, in this situation the developer was not aware of the need for a City-Developer Agreement prior to platting. The subdivision is now complete with all public improvements accepted by the City. The city's cost for the 8 inch sanitary sewer line is $23,035.00. . . . The total city participation being requested is $30,956.38 (water - $7,921.38 plus sewer - $23,035.00). Sufficient funds are available for the city's participation from project savings from recently completed utility CIP projects. The City Attorney has prepared the attached City-Developer Agreement. Recommendation: Approve Resolution No. 2006-076. .NRH RESOLUTION NO. 2006-076 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached City Developer Agreement for Reimbursement of Infrastructure Improvements beyond the Developer's Proportionate Share for the Fountain Ridge Subdivision with Fountain Ridge, Ltd. as an act and deed of the City. PASSED AND APPROVED this the 11th day of September, 2006. Oscar Trevino, Mayor . ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director . .' CITY OF NORTH RICHLAND HILLS CITY-DEVELOPER AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT ' THAT FOUNTAIN RIDGE, LTD., of the County of Tarrant, State of Texas (hereinafter "Developer"), and the City of North Richlalld Hills, Tarrant COWlty, Texas (hereinafter "City"), enter into the following contract: In consideration of the mutual covenants herein contained and for the purpose of providing water and sewer system improvements as indicated in the construction documents titled "The Fountain Ridge Addition" the Developer and the City hereto agree: 1. The City agrees to reimburse Developer for increasing a water line and sanitary sewer line size in excess of the Developments proportionate share. . Water Line The subdivision regulations require an 8-inch water along Davis Boulevard. The City's Master Plan indicated that ultimately a 10-inch water line would be required. The Developer paid to design and construct 1,253 L.F. of a 10-inch water line. The difference in cost between the 10-inch water line and an 8-inch water line is $7,921.38. A cost estimate is attached as Exhibit A. Total cost of 10-inch water line Estimated cost of 8-inch water line $23,669.21 $15..747.83 Amount owed by City (Difference) $ 7,921.38 Sanitary Sewer Line The Developer was told that an existing sanitary sewer line was a private line and Developer would need to design and construct a public 8-inch sanitary sewer line. After the line was constructed it was determined that 68% of the line was used by a subdivision developed in the 1970s. Since 68% of the line was being used by the public, the Developer is requesting that 68% of the cost be reimbursed by the City. A cost estimate is attached as Exhibit A. Total cost of 8-inch sanitary sewer $33,875.00 City share is 68% of $33,870.00 or $23,035.00 . City-Developer Agreelnent - The Fountain Ridge Addition - Page 1 . Total City Contribu~ion Water line upsize Sanitary Sewer line $ 7,921.38 $23,035.00 Total City cost $30,956.38 This Agreement was approved in its entirety at the meeting of the City Council of the City of North Richland Hills on the _ day of , 2006, by a majority vote of the Council. FOUNTAIN RIDGE, LTD. B~ Æ £:rïY John F. ~~dent JFD Land, Inc., general partner CITY OF NORTH RICHLAND HILLS . By: Larry J. Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . City-Developer Agreement - The Fountain Ridge Addition - Page 2 . EXHffiIT A COST ANALYSIS FOR CITY PARTICIPATION FOUNTAIN RIDGE DEVELOPMENT CITY OF NORTH RICHLAND HILLS, TEXAS DESCRIPTION PRICE/LTNIT AMOUNT TOTAL lO-inch Water Ma~n Along Davis Blvd. (P.8828) 10" PVC Water Pipe 8" PVC Water Pipe $15.57/L.F. $1 0.11 /L.F . 1,253 L.F. 1,253 L.F. $19,509.21 $12~667.83 Subtotal City Cost $ 6,841.38 10" Gate Valve 8" Gate Valve $1,040.00/Each $ 770.00/Each 4 Each 4 Each $ 4,160.00 $ 3,080.00 Subtotal City Cost $ 1,080.00 TOTAL CITY COST FOR 10" WL $ 7..921.38 . 8-inch Offsite Sanitary Sewer Main from Newman Drive to Walker Branch Outfall $17,425.00 8" PVC Sewer Pipe $20.50/L.F. 850 L.F. Sewer Manholes $1,800.00Æach 4 Each Trench Safety $1.00/L.F. 850 L.F. Bore and Case 8" SS $105.00/L.F. 80 L.F. TOTAL $ 7,200.00 $ 850.00 $ 8.400.00 $33)875.00 TOTAL CITY COST FOR 8" 58 @ 680/0 OF TOTAL $23.035.00 GRAND TOTAL CITY COST FOR WATER AND SEWER ON FOUNTAIN RIDGE DEVELOPMENT $30..956.38 . City-Developer Agreement - The Fountain Ridge Addition - Page 3 . . . Map prepared by Public Works Department Nr UTILITY REIMBURSEMENTS 10" PVC WATER MAIN /----....., .~.--.._...-..,~'~...., (/ \;/ "\ ---1.,,__ .--.-Ì-- __ ,~ÚDA Y EAst MOBilE I 1iOM~K r-~ ( ! I / I ~ ! // / ';/,.--- / '/, -~'\ // ._~/''',~_L_~ 8" PVC SEWER MAIN NORTH ELECTRIC TRAIL ] CITY OF NORTH RICHLAND HILLS . Department: Budget Presented by: Drew Corn Council Meeting Date: 9-11-2006 Agenda No.B.4 Subject: GN 2006-082 Approval of 2006 Certified Tax Roll - Resolution 2006-074 Tarrant Appraisal District has provided the City with the 2006 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value losses. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified values for the City of North Richland Hills are $3,407, 141 ,199. This is the amount used to calculate the effective tax rate and property tax revenues for the fiscal year 2006/2007 budget, and it is recommended to be accepted and ratified by the City Council. Recommendation: Approve Resolution 2006-074. . . . NRH RESOLUTION NO. 2006-074 WHEREAS, the City Council of the City of North Richland Hills, Texas received the Ad Valorem Tax Rolls for the year 2006 from Tarrant Appraisal District in the amount of net taxable value of $3,407, 141 ,199 including minimum value of properties pending disposition before Appraisal Review Board and the estimated net taxable of incomplete properties; and WHEREAS, the City Council studied said Tax Rolls and approved same on September 11, 2006. NOW THEREFORE, be it resolved by the City Council of the City of North Richland Hills, Texas that: 1 . The approval of said Tax Rolls received from Tarrant Appraisal District in July 2006, be and is hereby ratified and said Tax Rolls shall collectively be considered the Tax Roll of this City for 2006 and it is hereby in all things adopted and approved. PASSED AND APPROVED the 11th day of September 2006. . APPROVED: T. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: George Staples - Attorney for City APPROVED AS TO CONTENT: Karen Bostic - Managing Director . CITY OF NORTH RICHLAND HILLS . Department: Neighborhood Services Presented by: Jo Ann Stout Council Meeting Date: 9-11-2006 Agenda No.8.S Subject: GN 2006-084 Termination of Interlocal Agreement between the cities of North Richland Hills and Watauga for Animal Impound - Resolution No. 2006-073 The City Manager's Office received notice from the City of Watauga informing us that the construction of their new animal service center is nearing completion. Watauga was originally expected to move into their new shelter in late July 2006, however, with this official notification from the City of Watauga, the existing interlocal agreement between the cities of NRH and Watauga will expire on September 30, 2006. Watauga indicated that they will be fully operational on October 1, 2006. Approval of this resolution will terminate the existing interlocal agreement between the two cities resulting in the City of NRH no longer being obligated to house animals from the City of Watauga. Recommendation: To approve Resolution No. 2006-073 . . eNRH RESOLUTION NO. 2006-073 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF NORTH RICH lAND HillS, TEXAS, TERMINATING CONTRACT FOR USE OF NORTH RICH lAND HillS' ANIMAL SHELTER WITH THE CITY OF WATAUGA, TEXAS. WHEREAS, the City of North Richland Hills has an existing intergovernmental contract with the City of Watauga for Watauga to use North Richland Hills' animal shelter services which contract has a six month termination provision; and WHEREAS, the contract with Watauga has recently constructed a new animal shelter and has advised that it will not need to use North Richland Hills' animal shelter after October 1 , 2006; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: SECTION 1. That the contract with Watauga for the latter to use North Richland Hills' animal shelter is hereby terminated effective October 1 , 2006. . AND IT IS SO RESOLVED. PASSED AND APPROVED this the 11th day of September, 2006. CITY OF NORTH RICH lAND HillS ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND lEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services . . . . Department: City Secretary Presented by: Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-11-2006 Agenda No.C.O . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.1 Subject: RP 2006-07 Public Hearing and Consideration of a Request From Graham Ranch Partners, L.T.D. to Approve a Replat of Lots 1-11, Block 9R and Lots 1-13, Block 12, Graham Ranch - Phase Two (Located east of Rufe Snow and north of Chapman Rd. -- 22.368 acres). Case Summary: A replat is required any time it is proposed to subdivide a previously approved subdivision. Because this is a replat of property which has residential zoning, Local Government Code requires a public hearing be held. The applicant, Graham Ranch Partners L.T.D. is requesting a replat of Graham Ranch - Phase Two, Lots 1-12, Block 9R and Lots 1-13, Block 12. This replat will change what was one large lot to create 24 additional single family lots and streets tying into the surrounding lots and street configuration of the previous plat. Current Zoning: The site is zoned "R-2" Single Family Residential. Thoroughfare Plan: The site is between Hightower Drive and Chapman Road. Both streets are listed as four lane, undivided, collectors with 68 feet ROW. Comprehensive Plan: The Comprehensive Plan indicates low density residential uses for the entire site. The proposed development is consistent with the Plan. Staff Review The Development Review Committee has reviewed the submittal and has placed it on the Planning and Zoning Commission for consideration. Previously reviewed construction plans for the public infrastructure are being re-reviewed for acceptance by the Public Works Department. Planning and Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve. Staff Recommendation: Approval of RP 2006-07. Review Schedule: Application: 5/8/06 Final Hearing: 9/11/06 Total Review Time: 18 weeks . Location Map . --.,~=---mgntOwêr.Qr,___,.. - I N A NRH RP 2006-07 Replat Graham Ranch - Phase II Lots 1-11, Block 9R; Lots 1-13, Block 12 Prepared by Planning 8/7/06 rL.fL.J I I IFeet o 250 500 1,000 1,500 2,000 . . Notice of Public Hearing NOTICE OF PUBLIC HEARING CITY OF NORTH RICH LAND HILLS CITY COUNCIL CASE #: RP 2006-07 APPLICANT: Graham Ranch Partners, L TD LOCATION: Block 9, Lots 1-12 of Graham Ranch - Phase II You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. PurDose of Public Hearina: A Public Hearing will be held to consider a request from Graham Ranch Partners, L TO to replat Block 9, Lots 1-12 of Graham Ranch - Phase II into Lots 1-11, Block 9R and Lots 1-13, Block 12. This property is located in the 7200 Block of Chapman Rd. . Public Hearina Schedule: Meeting Time: CITY COUNCIL MONDAY, SEPTEMBER 11, 2006 7:00 P.M. Meeting Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HillS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817)427-6300 Fax (817) 427-6303 . . Property Owner Notification List Billy J. Graham 5020 Mark IV Pkwy Ft. Worth, TX 76106 Leo Morgan 7317 Chapman Dr N. Richland Hills, TX 76180 . . . Public Works Sign Off Letter NI~H CITY OF NORTH RfCHLAND HILLS MEMO TO: Carolyn Huggins, Planning Coordinator FROM: Gregory Van Nieuwenhuize, P.E.. Assistant Public Works Director SUBJECT: GRAHAM RANCH, PHASE II; Block 9R, Lots 1-11 Block 12, Lots 1-13 (RP 2006-07) DATE: August 10, 2006 ReDlat On August 10, 2006, the Public Works Department determined that the Replat for the Graham Ranch, Phase II, Block 9R: Lots 1-11 and Block 12: Lots 1-13 (RP 2006-07) dated August 10, 2006, met the requirements of the Public Works Department in accordance with the Subdivision Ordinance (Chapter 110 of the City Code). . Public Infrastructure Construction Plans The Public Works Department has determined that the public infrastructure construction plans for Graham Ranch, Phase II, Block 9R: Lots 1-11 and Block 12: Lots 1-13 (the "Subdivision"). dated June 14, 2006, will not result in modifications to the proposed Replat. Rouah ProDortionalitv The public improvements indicated on the public infrastructure construction plans are required for the development of the Subdivision as proposed. Therefore, the developer will be required to assume 100% of the amount required for such infrastructure improvements. Such amount is roughly proportionate to the proposed Subdivision. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. GVN/smm/pwm2006-166 cc: Graham Ranch Partners, Ltd. (via fax @ 817.581.8864) Jackie Ftujtt, GSWW (via fax @ 817.306.1555) . . . . Excerpt from August 17,2006 Planning & Zoning Commission Meeting Minutes RP 2006-07 CONSIDERATION OF A REQUEST FROM GRAHAM RANCH PARTNERS, L.T.D. TO APPROVE A REPLAT OF LOTS 1-11, BLOCK 9R, AND LOTS 1-13, BLOCK 12, GRAHAM RANCH - PHASE TWO (LOCATED EAST OF RUFE SNOW AND NORTH OF CHAPMAN RD. - 22.368 ACRES). APPROVED Eric Wilhite presented RP 2006-07. Mr. Wilhite stated that this is a replat of a recently amended plat. It is a 24-lot single-family subdivision and is contiguous to a larger portion of Graham Ranch adjacent to the property in question. This request is located east of Rufe Snow and north of Chapman Road. It has been reviewed and meets all the subdivision rules and regulations and Staff recommends approval. Mike Benton, seconded by Don Bowen, motioned to approve RP 2006-07. The motion carried unanimously (7-0). . . . ~ C\l~ ~~ ~ ~ ~~~ I~~~ ð g ~~¡; ~ilil ~ ~ ~I~~ ~111I~i ..: ~ ~d~1 a. ~il ~ I Cj~iàl ~cå5~~ I ~ ~5~i ~~~I - ~ ~~II Ñ~w V) ,..... ~~ ï;~!;¡; ~ '-J "<4;~ - ~a: C ~ ~ ì § ~::x:: !II ~ ~!I !Q ~ HI II J t.,.~, I Ii I_ IIi. I ""J II , J I r ¡ I ,'1·1 tlU . f' IIa I I 11 . I ~. 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S 'I ", ~ ).:11 f iH/! j Î JI~ ~ f IS i I, 1 ï;f ~ I I J~I..l I Î mil! I :1 ~--l --~-1 __----', J a --i-¡-"¡----r----r--¡--T--- '----rn--- ,I,'. · : · i · ¡ · ¡ · i~~ · i · i = 1111. i · /' h ¡I ¡ ¡ ¡ J I~ ¡ ¡ 8 ¡ I~~ I ¡ II r u ~ Ihl 1;.:.1 ~ ~ , . j~ U Ji a ~ ~I ä g~! ~ ~ U~ ~ ij- ~ a:: j~ ' ~ ~, ~ I~ ~ , ~ ! I' i ~Ii ª'I ;h ~ i~h I ~ ~~i; ~ ~ ~ ~~·I I ~~ .~ ~iS~ i h i~ 'I~! ~ õ~ ~~ ¡e~ø: I!]~h~~ ti~!~ ~ ~h~n~ RI!I ~ i! , . I~ I ~~~~m ~S¡~' "_JI I ::::::: !!a!!~. ~ s;~~~;~ ~_ntt:t: ¡ ~~~~ ¡ ........ & il~~~~j!~ ~ ~~;tª~a ! ~~S¡ a~u i ~nnn 5 ZZZ;l¿ZZ I -...... § ~.~..A... . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.2 Subject: ZC 2006-10 Public Hearing and Consideration of a Request From Royal Building Corporation to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 7600 Block of Frankie B Rd. -- .997 acres). Ordinance No. 2899 Case Summary: The applicant, Mr. Mark Comis representing Royal Building Cooperation submitted a zoning change request to rezone two tracts totaling approximately 0.997 acres from "AG" Agricultural to "R-3" Residential for the purpose of developing a multi-lot subdivision. The "R-3" zoning district requires a minimum 7,700 square foot lot and a minimum 1 ,800 square foot dwelling unit size. During the Planning and Zoning Commission public hearing the applicant was requested by the Commission to consider a change to the zoning request to "R-2". The "R-2" district requires 9,000 square foot lots, and a minimum 2,000 square foot dwelling unit size. The applicant agreed to amend the original request of "R-3" to now be a request to "R-2". In general review of the property it would appear the dimensions of the tract would permit the same number of "R-2" lots as could be developed as "R-3" with narrow lot requirements. Comprehensive Plan: The Comprehensive Plan depicts low density residential development for this area. The proposed zoning is consistent with the Plan. Thoroughfare Plan: The property has frontage on Frankie B Street, an undivided, collector street with 50 feet ROW. Surrounding Zoning I Land Use: North: "R-2" & "R-1" single family East: "AG, & "R-2" I Large lot and traditional single family development South: "R-2" single family West: "R-2" single family Plat Status: The property is currently unplatted. A preliminary and final plat will be reviewed and processed by staff when submitted. Vested Rights: July 5, 2006. Planning and Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve ZC 2006-10. Staff Recommendation: This request is similar to recent rezoning requests in areas with large lot residential development either adjacent or in the vicinity of the subject property. These requests were denied by Council primarily due to public opposition and because the Council desired to maintain consistency with the existing density and lot . size of the surrounding area. Staff had received a petition of opposition to the "R-3" zoning request. None of the residents however appeared before the Planning & Zoning Commission. Staff has consulted with the City's legal counsel, and it was determined that the original petition is no longer valid due to it specifically being against the "R-3" zoning request. The zoning change request being heard by City Council is for "R-2" and no petition against "R-2" has been received. Therefore the zoning request does not require a super majority vote. It was Staff's opinion that the request would be better suited as an "R-1" or "R-2" zoning and therefore recommended denial of the original zoning request of "R-3". Staff is in support of the Planning and Zoning Commissions recommended approval of the "R-2" zoning request. Review Schedule: Application: 6/26/06 Final Hearing: 9/11/06 Total Review Time: 11 weeks . . . ORDINANCE NO. 2899 ZONING CASE ZC 2006-10 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHlAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHlAND HillS, TEXAS, AND REZONING A 0.997 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (SINGLE FAMilY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, . WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 0.997 acre tract of land located in the Hewitt Heights Addition to the City of Smithfield, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . ORDINANCE NO. 2899 PAGE 2 of4 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 11th day of September, 2006. CITY OF NORTH RICH LAND HILLS By Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . ORDINANCE NO. 2899 PAGE 3 of4 EXHIBIT A BEING all that certain lot, tract or parcel of land situated in the J. McCOMAS SURVEY, Abstract No. 1040, in the City of North Richland Hills, Tarrant County, Texas, and being all of "Tract 1 and Tract 2" as described to Glenn Cox and Leo Cox by instrument in Volume 5470, Page 898, Deed Records of Tarrant County, Texas, said "Tract 1" and "Tract 2" also being a portion of HEWITT HEIGHTS, an addition to the City of Smithfield (now in the City of North Richland Hills), Tarrant County, Texas as recorded in Volume 388-0, Page 311, Plat Records of Tarrant County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 3/8" iron rod found in the southerly right-of-way line of Frankie B Street for the northwest corner of said "Tract 1" described to Glenn and Leo Cox and also being the northeast corner of "Tract 1" as described to Herbert H. Hull and Glynda M. Hull by instrument recorded in Volume 4188, Page 409, Deed Records, Tarrant County, Texas; . THENCE South 89 degrees 54 minutes 00 seconds East, along the common northerly line of said "Tract 1" and "Tract 2" described by Glenn and Leo Cox, and said southerly right-of-way line, a distance of 290.66 feet to a 3/4" iron rod found for the northeast corner of said "Tract 2" described to Glenn and Leo Cox and also being the northwest corner of that certain tract of land described to Charles R. Williams and wife, Clara F. Williams by instrument recorded in Volume 9008, Page 843, Deed Records of Tarrant County, Texas; THENCE South 00 degrees 11 minutes 00 seconds West, along the common easterly of said "Tract 2" described to Glenn and Leo Cox and the Westerly line of said Williams tract, a distance of 149.63 feet to a ~" iron rod found for the southeast corner of said "Tract 2" described to Glenn and Leo Cox and also being northeast corner of that certain tract of land described to Glenn D. Cox and Leo Cox by instrument recorded in Volume 3387, Page 302, Deed Records, Tarrant County, Texas; . THENCE North 89 degrees 50 minutes 29 seconds West, along the common southerly line of said "Tract 2" described to Glenn and Leo Cox and the northerly line of said Cox described in Volume 3387, Page 302, at a distance of 145.33 feet passing a ~" iron rod found for the common southwest corner of said "Tract 2" described to Glenn and Leo Cox, the southwest corner of aforementioned "Tract 1" described to Glenn and Leo Cox, the northwest corner of said Cox tract described in Volume 3387, Page 302, and also being the northeast corner of that certain tract of land described to Dylena M. Yorek and Christopher Yorek by instrument recorded in Volume 13572, Page 245, Deed Records, Tarrant County, Texas, and continuing along the common southerly line of said "Tract 1" described to Glenn and Leo Cox and the northerly line of said Yorek tract a total distance of 290.66 feet to a 1" iron pipe found for the southwest corner of said "Tract 1" described to Glenn and Leo Cox, the northwest corner of said Yorek tract, and also being the southeast corner aforementioned "Tract 1" described to Herbert and Glynda Hull; . ORDINANCE NO. 2899 PAGE 4 of 4 EXHIBIT A THENCE North 00 degrees 11 minutes 00 seconds East, along the common westerly line of said "Tract 1" described to Glenn and Leo Cox and the easterly line of said "Tract 1" described to Herbert and Glynda Hull, a distance of 149.34 feet to the POINT OF BEGINNING, and containing 43,429.32 square feet or 0.997 acres of land, more or less. . . . Location Map i--- ~ ..! ! 'Q¡ ~'~~~ I '-1 I~II lîi . ____~="--- =~--=-;_L=~,~} _L-=?~~=l==J-"--" ¡ ---i--- r--1 ! 'I l I ; I I I ¡ I I I I I '---j 'n FrJkie B 5t-J----i =-1 I _J_l_L_1 I i il %¡ ~ I . ..---.... ---'--'---'~"'---._-'" -'-'---._. -.- N A NRH ZC 2006-1 0 Zoning Change; AG to R-2; .997 acres Hewitt Estates Addition Lots A13 & A14, Block A Prepared by Planning 8/23/06 ~Feet o 62.5125 250 375 500 . . Notice of Public Hearing NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: ZC 2006-10 Applicant: Mark Comis Location: 7600 Block of Frankie B. Street (.997 acres) YOU ARE RECEIVrNG THIS NOTICE BECAUSE YOU ARE A PROPERTY OWNER WITHJN 200 FT OF THE SUBJECT PROPERTY. Puroose of Public Hearina: . A public hearing was held on August 17, 2006 by the Planning & Zoning Commission to consider a request from Mark Comis to rezone .997 acres of land (as identified on the attached map) from uAG" Agricuttural to "R-3" Single Family Residential located in the 7600 Block of Frankie B. Street. The Planning & Zoning Commission asked Mr. Comis to change his request from R-3 to R-2. Mr. Comis agreed to do so. As you are a property owner within 200-ft. of the subject property, we are re-notifying you of this zoning change request as there has been a change from the originally pubHshed zoning request. Thjs request wiU be heard by the City CounciJ on September 11 r 2006. "R-2" District regulations require minimum 9,000 sq. ft. lots and minimum 2,000 sq. ft. homes. Public Hearina Schedute: Public Hearing Date: CITY COUNCIL MONDAY, SEPTEMBER 11,2006 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HillS, TEXAS Meeting Time: Meeting Location: If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills. Texas 76180 Phone (817) 427-6300 Fax (817) 427..6303 . . Property Owner Notification List Bil ~y G. Privett Richard & Eileen Stacey Larry Ray Hutchens 7620 Hewitt St 7616 Hewitt St 7612 Hewitt St N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Rich/and Hills. TX 76180 Jamie & Barbara Boyd Robert H. Martin Edward P Fuchs 7608 Hewitt St 7600 Hewitt St PO Box 822001 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Ft. Worth, TX 76182 Jimmy Dean Custom Builders LLC John & Diane Henyan Charles & Clara Williams 1845 Precinct Line Rd 7700 Frankie 8 St 7612 Frankie B St Hurst, TX 76054 N. Rich/and Hills, TX 76180 N. Richland Hills, TX 76180 Mark D. Comis Glynda Hull American Heritage Mrtg Corp Brent A Hettick 9117 Comis Dr 7524 Frankie B St 210 Russell Ln N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Weatherford, TX 76087 Rickey Wooten BilJy & Marie Melbourn Randal & Nancy Robinson 7701 Buck 8t 7613 Buck St 7548 Hightower Dr N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Rich/and Hills, TX 76180 . Dy/ena M. Yorek Dylena M. Yorek American Heritage Mrtg Corp 7607 Buck St 7529 Buck St DBA American Eagle Homes N. Rjchrand Hills, TX 76180 N. Richland Hills, TX 76180 210 Russell Ln Weatherford, TX 76087 Glenn Cox Jimmy & Patti Simpson Jimmy & Patti Simpson 10550 FM 215 PO Box 210084 1207 Circle Ln Valley Mills, TX 76689 Bedford, TX 76095 Bedford, TX 76022 . . . ..... ;e .c >< W C) .5 c: o N . -'~$""""""'" ~ ï ¡ ¡: ¡ ¡ ~I t, 1 ~"I"'" . " I - - ¡ ,C<'é.'~~; I .~ ' 1 ') I ¡i;i~! ~ . ' I . I ~ '::1 ~_ ~I I ~ ,¡,¡ ~'I I ¡ ~. ' H 1- ~'~: F ~ '"I I~ ~ I" ,.1 I ¥ I I:, ~~~L ~ f ï~~~ I 1-"", ~ _ i ;j, ' .'" ." ,~ .--i ) . C- ~ ,1 i ~ i4 . P!;~ J ç . r ~ ~ Š ~ ; ;~¡:J . ' ~n~~~ iq;~ .~ , ,~ ~.J : ~n:; J ~ V . 0 ~ ~ ;'~i;;: ~ ~!'¡!~ì ð ~ ., . j ~ª~ ä~Ê ~ ~~i t:: ÇJj ~~i.. ê ¡ ~ t ~~I ~~~ ~ ~~~~ kj !:I ~ Ÿ) S ~ fir;... ~~~~~~.:t~~ ;:: ~ ~ r... i ¡:;2~~ f;! ð ~ ~ ~ ~i~ ~ ~ ~;, t~~ ~ ~ ~~t~ ;J ~ J~i .... t..~ jil ~ ~ ~ ~ t ~ ~! mj~· ;t¡1 ~~ I, ilii'it : ;~j. &~ ' b t~n ï t(~.1 ff ;¡ J.: 1." .1 i !! ,,<{ H ~ : ~ ~ ~.' ~ ;;¡ ~ ~ .. ~<..t;e~i š:E~~';~ v¡!~~~i: ~~·~i ~ i ~ '" . Excerpt from August 17, 2006 Planning & Zoning Commission Meeting Minutes PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORP. TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-3" SINGLE FAMILY RESIDENTIAL, (LOCATED IN THE 7600 BLOCK OF FRANKIE B. STREET - .997 ACRES). APPROVED - WITH STIPULATION TO R-2 Eric Wilhite presented ZC 2006-10. Mr. Wilhite stated that this is a zoning change request that meets all subdivision regulations; however, Staff is of the opinion that it will be more consistent with the neighborhood if it is an R-1 or R-2 request. This area is located in the 7600 Block of Frankie B Street. Staff recommends denial. Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. . The applicant, Mark Comis, 9117 Comis Drive, explained that he proposed R-3 lots because of the existing residences located on Frankie B. He stated that the area is very transitional, with older, smaller homes coexisting with more recent, larger homes. He stated that he is disappointed that Staff is not supporting his proposal, but he is willing to be flexible. Mr. Comis stated that whether he pursued an R-2 or R-3 request, the lot sizes would not change. There are 15 homes on the street. Four of those homes were built in just the last 20 months. Only one of those homes has more than 2,000 square feet, a stipulation consistent with R-2 lots. Also, all garage doors on these homes face the street, consistent with R-3. Furthermore, the average square footage of a home on this street is 1 ,602. Only a total of three of the homes were greater than 2,000 square feet. Only a tenth of a mile away from Frankie B Street is Odell Street, which has R-3 homes on 60 foot wide lots. Mr. Comis stated that he believes an R-3 request would be supported by City Council members who have stated that they would like to see more affordable housing in North Richland Hills. R-3 would help this endeavor. Also, of all 15 homes, 12 had garage doors that faced the street. The other three had side entrances. Mr. Comis stated that of those neighbors that he talked with, they were okay with the possibility of new homes being built so long as they maintained a country theme. Mr. Comis stated that it is easier to get a country look on a home where the garage door faces the street. R-2 requirements make this more difficult to do. Mr. Comis showed the commission what he wished to convey with the use of a couple sketches that he had brought with him. Chairman Shiflet asked for questions. Mr. Bowen asked Mr. Comis if most of the lots on Frankie B. are considerably larger than his projected lots. Mr. Comis stated that it is kind of a hodgepodge. On the west side of the street, where he proposes to build, the lots are larger. But the two most recent lots to build do not conform to the west side standards. . Chairman Shiflet asked if anyone else wished to speak either in favor or opposition of this case. There were none and the Chairman closed the Public Hearing. . . . Excerpt from August 17, 2006 Planning & Zoning Commission Meeting Minutes - Page 2 Chairman Shiflet asked Mr. Wilhite if front-entry garages were allowed in R-3. Mr. Wilhite responded that Mr. Comis could have front-entry garages on either an R-2 or R- 3, but per the standards the front-entry garage would have to be 50 feet back from the street. Ms. Cole stated that she thought that R-3 zoning had been changed and did not allow front-entry garages. Mr. Pitstick explained that R-3 lots are now wider and deeper, but front-entry garages are still acceptable on an R-3 lot. Mr. Bowen commented that there is a petition of opposition for this case, yet no one came forward during the public hearing to speak. Chairman Shiflet asked if any person who had signed the position was present in the audience. None were. Chairman Shiflet stated to Mr. Comis that the lots on Odell Street are already structured to be R-3 and that there is no flexibility available in changing them from R-3 zoning. Mr. Comis stated that a 50-foot setback would "eat up" the back yard on his lots. He asked if he could do R-2 zoning and get a variance so he could still construct garage doors in the front. This would allow for more "country-style plans." Chairman Shiflet asked if this would require an RI-PD process. Mr. Wilhite stated that this would qualify for a straight residential PD. This means that he would have to withdraw his application and go back through the DRC process with his new proposed PD. Mr. Schopper stated that this is a transitional neighborhood. However, he said that the commission was trying to make it where it transitions up instead of transitioning straight across or down. Mr. Schopper noted that one of the biggest problems with trying to make this happen has historically been front-entry garages. This is because as the neighborhood matures, people tend to put more junk in the garage and then they want a carport in front. Essentially, this causes many problems. Mr. Cooper stated that he had visited the street and would support a zoning change request of R-2. Like Mr. Schopper, he would prefer to see an upward transition. Mr. Wilhite responded to Mr. Com is' statement about most of the new homes that had been built on Frankie B in the past 20 months being less than 2,000 square feet. Mr. Wilhite explained that the minimum square footage has to do with when the actual property was platted. North Richland Hills has two different time frames with which it works with. Those slots were probably platted prior to the trigger date in the subdivision ordinance. Don Bowen, seconded by Steven Cooper, motioned to approve ZC 2006-10 with the stipulation that the zoning request be for "R-2" Single Family Residential. The motion carried unanimously (7-0). . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.3 Subject: ZC 2006-11 Public Hearing and Consideration of a Request from Mr. & Mrs. McCarty to Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single Family Residential (Located in the 7400 Block of Eden Rd. -- 1.4 acres). Ordinance No. 2900. Case Summary: The applicant is requesting approval of a zoning change from the existing "AG" (agricultural district) to "R-1-S" (single family residential district) for the purpose of developing a single family residence. Plat Status: A single lot, preliminary plat (case # PP 2006-07) and a final plat (case # FP-2006-11) McCarty Addition, are being reviewed concurrently with the zoning change request. The final plat is on this agenda for approval by the City Council. Existing Site Conditions: The property currently has an older wood framed single family residence. It is the intent of the applicant to demo this structure upon completion of the new single family residential structure. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Many of the surrounding properties are large tracts which are currently zoned "AG" agricultural, and "R-1" single family. Thoroughfare Plan: The property has frontage on Eden Drive, a local residential street with 50 feet ROW. Surrounding Zoning / land Use: North: "AG" agricultural with single family structures East: "AG" agricultural with single family structures South: "AG" & "R-1" single family West: "AG" agricultural Planning and Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve ZC 2006-08. Vested Rights: July 6, 2006. Staff Recommendation: Approve ZC 2006-11, Ordinance No. 2900. Review Schedule: Application: 6/26/06 Final Hearing: 9/11/06 Total Review Time: 11 weeks . . . ORDINANCE NO. 2900 ZONING CASE ZC 2006-11 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHlAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICH lAND HillS, TEXAS, AND REZONING A 1.468 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.468 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-1-S (Special Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . ORDINANCE NO. 2900 Page 2 of 3 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 11th day of September, 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . . ORDINANCE NO. 2900 Page 3 of 3 EXHIBIT A Being 1.468 acres of land located in the both the J.B. Eden Survey, Abstract No. 499 and the O. Rumfield Survey, Abstract No. 1365, City of North Richland Hills, Tarrant County, Texas, and being all of that tract of land conveyed to Cary Jack McCarty and Dana V. McCarty by warranty deed as recorded in Tarrant County Clerk's Instrument No. (T.C.C.LN.) D206070029 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.). Said tract being more particularly described by metes and bounds as follows: Beginning at a 1#2" iron rod with cap stamped "RPLS 4183 SPOONER" set at the southeast property corner of the said McCarty tract, said beginning point being the northeast property corner of a tract of land conveyed to Thomas Pate by deed as recorded in T.C.C.LN. 0204024332 of the D.R.T.C.T., said beginning point also being on the west right-of-way line of Eden Road, being a variable width right-of-way; THENCE South 89 degrees 32 minutes 10 seconds West, along the south property line of the said McCarty tract and along the north property line of the said Pate tract, a distance of 461.10 feet to a 5#8" iron rod found at the southwest property corner of the said McCarty tract, said point being the northwest property corner of the said Pate tract, said point also being on an east property line of a tract of land conveyed to O. G. Tobias by deed as recorded in Volume 4326, Page 307 of the D.R.T.C.T.; THENCE North 00 degrees 42 minutes 01 second West, along the west property line of the said McCarty tract and along the said east property line of the Tobias tract, a distance of 140.19 feet to a 5#8" iron rod found at the northwest property corner of the said McCarty tract, said point being an inner ell property corner of the said Tobias tract; THENCE North 89 degrees 57 minutes 25 seconds East, along the north property line of the said McCarty tract and in part along a south property line of the said Tobias tract and in part along the south property line of a tract of land conveyed to Todd C. Stephens and Tracey C. Stephens by deed recorded in T.C.C.LN. D204143199 of the D.R.T.C.T., a distance_of 462.20 feet to a 1#2" iron rod with cap stamped "RPLS 4183 SPOONER" set at the northeast property corner of the said McCarty tract, said point being the southeast property corner of the said Stephens tract, said point also being on the said west right-of-way line of Eden Road; THENCE South 00 degrees 15 minutes 01 second East, along the east property line of the said McCarty tract and along the said right-of-way line, a distance of 136.80 feet to the Point of Beginning; The herein described property contains 1.468 acres of land more or less. . Location Map . -10 Þ.1 tš f4 I ! I l i : I I i.___·~·_·___ , . ______~~-=--RUriifieldJ:~d N A NRH ZC 2006-11 Zoning Change; Ag to R-1-S; 1.46 acres J.B. Edens Survey (Abs. 499) 7400 Block of Eden Rd Prepared by Planning 6/29/06 IL1L.-1 o 125 250 I 500 I I Feet 750 1,000 . . Notice of Public Hearing NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2006-11 Applicant: Cary Jack and Dana McCarty Location: 7400 Block of Eden Rd. (1.46 acres) You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Puroose of Public Hearina= A public hearing is being held to consider a request from Cary Jack and Dana McCarty to rezone 1.46 acres of land (as identified on the attached map) from t4AG" Agricultural to "R-1- S" Special Single Family Residential. . Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 17, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on; CITY COUNCIL MONDAY, SEPTEMBER 11,2006 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast loop 820 North Rjchland Hills. Texas 76180 Phone (817)427-6300 Fax (817) 427-6303 . . Tony "Nhite 3826 NE 28~") St Haltom City! TX 76111 Ricky & Susan Jordan 7416 Eden Rd N. Richland Hills! TX 76180 VVeldon & Mary Johnson 7405 Eden Rd N. Richland Hills, TX 76180 James & Suzan Friese 7312 Eden Rd N. Richland HiUs. TX 76180 . . Property Owner Notification List a.G. Tobias 8800 Rumfield Rd N. Richland Hills, TX 76180 Todd & Tracey Stephens 7417 Eden Rd N. Richland Hills, TX 76180 Cary Jack & Dana McCarty 8108 Thornwood Dr. N. Richland Hills, TX 76180 Elizabeth Spencer Smith 7313 Eden Rd N. Richland Hills, TX 76180 john & Brandy Shepherd 8704 Rumfield Rd N. Richland Hills. TX 76180 Perry G Weiss 7404 Eden Rd N. Richland Hills, TX 76180 Thomas Pate 7401 Eden Rd N. 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Excerpt from August 17,2006 Planning & Zoning Commission Meeting Minutes ZC 2006-11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM CARY JACK McCARTY TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1-S" SPECIAL SINGLE FAMILY RESIDENTIAL, (LOCATED IN THE 7400 BLOCK OF EDEN RD. - 1.46 ACRES). APPROVED Eric Wilhite presented ZC 2006-11. Mr. Wilhite stated that this is a zoning change request similar to many of the ones in this area that are parcels of land currently zoned AG. There is also a preliminary plat and a final plat for the same subject tract on tonight's agenda. This request is located in the 7400 Block of Eden Road. It has been reviewed and Staff recommends approval. The Chairman opened the Public Hearing and asked the applicant to come forward. The applicant, Dana McCarty, 8108 Thornwood Drive, explained to the Commission that she is not a developer. They are simply a family, already living in North Richland Hills, who wishes to move to another location in the city and build a house and have a horse. Chairman Shiflet asked if anyone wished to speak in favor or opposition of this case. No one came forward. The Chairman closed the Public Hearing and called for a motion. Bill Schopper, seconded by Mike Benton, motioned to approve ZC 2006-11. The motion carried unanimously (7-0). CITY OF NORTH RICHLAND HILLS . Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.4 Subject: FP 2006-11 Consideration of a Request from Mr. & Mrs. McCarty to Approve a Final Plat of Lot 1, Block 1, McCarty Addition (Located in the 7400 Block of Eden Rd. -- 1.4 acres).(This item is not a public hearing but related to Item C.3). Case Summary: The applicant is platting this 1.4 acre tract for the purpose of developing a one (1) lot single family subdivision. Zoning change request (case # ZC- 2006-11) and preliminary plat (case # PP-2006-07) are being processed concurrently with this final plat request. Current Zoning: The subject property is being considered for re-zoning concurrently with this final plat from "AG" agricultural to "R-1-S" special single family residential. Thoroughfare Plan: The subject property has frontage on Eden Road, a planned 4 lane undivided major collector street with 68 feet ROW. As part of this final plat a required additional 15 feet of ROW is being dedicated. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The proposed plat is consistent with this depiction. . Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with Subdivision Ordinances and is consistent with the preliminary plat. Vested Rights: August 5, 2006. Rough Proportionality Determination: The City's Engineer has determined that the developer is responsible for the cost totaling approximately $4,282.00 for future off-site improvements of concrete curb and gutter, concrete sidewalks, within the Eden Road right-of-way. The developer is responsible for 1000/0 of approximately 310 feet of 6" sanitary sewer main. Planning and Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, August 17, 2006 and recommended 7-0 to approve FP 2006-11. Recommendation: To approve FP 2006-11. Review Schedule: Application: 7/31/06 Final Hearing: 9/11/06 Total Review Time: 6 weeks . . Location Map " ~.... =~~-~~~Kìnli~'~~~-':~ . 1m...". -"j . '" .~, """.,,",., "" :~ ";~f!1~;\\ ::'~Ii¥.t/,~:,:,:-:~,~~t~ -, -J ~ i i !'" "/--,,.,.~_._-- r- tì I ~i I' , . . [...... '-.--J --- .~ :E~gIaae:pLl . ~. ;-,~ ' : . j' i . : I t, ------h:f - Þ: lã-- '" " ,,~¡fl' - (1" . r " i ¡ -- ---1 11----- J ---1 ! - '1---- - ~j I T' ." J " -::=~~Jlhl[w~(ºL . , N A NRH FP 2006-11 Final Plat McCarty Addition Lot 1, Block 1 Prepared by Planning 7/31/06 ~Feet o 125250 500 750 1,000 . . Public Works Sign Off Letter NRH CITY OF NORTH RICHLAND HILLS MEMO TO: FROM: Carolyn Huggins, Planning Coordinator GJenn Smith. Engineer Associate % SUBJECT: McCarty Add,tion; Block 1 - Lot 1 Finat Plat - FP2006-11 DATE: August 11 t 2006 PubHc Works has reviewed the final plat submitted to this office on July 31 ,2006. AU Public Worksl requirements have been met. cc: Greg Van N)euwenhuize, Assistant Public Works Director . GES/pwm2006-167 . . . . Excerpt from August 17, 2006 Planning & Zoning Commission Meeting Minutes FP 2006-11 CONSIDERATION OF A REQUEST FROM CARY JACK McCARTY TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, McCARTY ADDITION (LOCATED IN THE 7400 BLOCK OF EDEN RD. - 1.46 ACRES). APPROVED Eric Wilhite presented FP 2006-11. Mr. Wilhite stated that this is a final plat for the property discussed in ZC 2006-11. The final plat is consistent with the preliminary plat. It has been reviewed and meets all subdivision rules and regulations and Staff recommends approval. Mr. Bowen asked Staff if they had made the applicant aware of rough proportionality determination. Mr. Wilhite stated that all applicants receive notification of such terms soon after the exhibit has been reviewed by DRC. At that time, they determine what they wish to do. Mike Benton, seconded by Mark Haynes, motioned to approve FP 2006-11. The motion carried unanimously (7 -0). . . . .., ;e -'= >< w .., .!!! D.. ns c ü: 11f~ e ,I I,l' ) · II"; 111 ",¡) i·1 J!it1 ." 1 ']'''' 'I I J ipJ 11J 1111 ~e ~J¡I~ f ':i ¡.It 11. in; !~I ! b I 1 ¡i III!! !¡¡t Ii!! ¡If Will j I!!! fj!1I II~: !J~~ J~i 1!h~f Ii e~~ 'tr!!1 alii f l! ,J '1111! '. ~ i,e !if~1 -1 1 '.1" .t Iljllf II I ,¡i .., ¡.' ." I' II 'I · ! Uhi ~¡J !¡U! HI II!!:! 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Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.5 Subject: ZC 2006-12 Public Hearing and Consideration of a Request to Approve a Zoning Change from "AG" Agricultural to "R-1-S" Special Single Family (Located in the 6700 Block of Meadow Rd. -- 3.0) - Ordinance No. 2901 Case Summary: The applicant, Mr. Dencil Long, originally submitted a request for approval of a zoning change from "AG" (Agricultural) to "R-1" (Single Family Residential) for the purpose of remodeling and adding onto an existing single family residence. Due to the large size of the property the Planning and Zoning Commission felt that the lot would be of more than adequate size for the permitted agricultural type activities such as having livestock, and therefore suggested and asked Mr. Long that he consider amending his request to be R-1-S (special single family). Mr. Long agreed to do so. The zoning request being made to City Council is to rezone the subject property to "R-1-S". During the application and Development Review Committee process, the applicant did not indicate the desire to have the agricultural type uses that are permitted in the "R-1- S" residential zoning district, therefore the application was processed as requested. Based on the size of the property, and the Comprehensive Land Use Plan, "R-1-S" or "R-1" is acceptable in this area. . Plat Status: This property has not been platted, Existing Site Conditions: The property currently has a single family residential home on 3-acres. It is the intent of the applicant to remodel and add-on to the existing structure. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Many of the surrounding properties are large lots which are currently zoned R-1 or R-2. Thoroughfare Plan: The property has frontage on Meadow Rd., a local residential street with 60 feet ROW. Surrounding Zoning I land Use: North: "R-1-S"/ large lot special single family East: "R-2" / single family residential South: "R-1" and "AG" / large lot single family West: "R-1" / large lot single family Vested Rights: July 5, 2006. Planning and Zoning Commission Recommendation: approve ZC 2006-12 for R-1-S zoning. Recommended 7 -0 to . . . . Staff Recommendation: Approval of ZC 2006-12, Ordinance No. 2901. Review Schedule: Application: 6/26/06 Final Hearing: 9/11/06 Total Review Time: 11 weeks . . . ORDINANCE NO. 2901 ZONING CASE ZC 2006-12 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICH lAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHlAND HillS, TEXAS, AND REZONING A 3.00 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-1-S (SPECIAL RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT the Comprehensive Plan, the Compreh~nsive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 3.00 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-1-S (Special Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . . ORDINANCE NO. 2901 Page 2 of 3 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 11th day of September, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . ORDINANCE NO. 2901 Page 3 of 3 EXHIBIT A BEING A TRACT OF LAND OUT OF THE J.C. McCOMAS SURVEY, ABSTRACT NO. 1040, TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D2051 08791, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE CENTERLINE OF MEADOW ROAD FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED BY DEED BEING LOCATED 337.4 FEET NORTH FROM THE SOUTHWEST CORNER OF SAID J.C. McCOMAS SURVEY; THENCE NORTH 00 DEGREES 12 MINUTES 54 SECONDS EAST 215.90 FEET ALONG SAID CENTERLINE TO THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 30 MINUTES 54 SECONDS EAST 32.33 FEET TO A CAPPED IRON PIN (JDZ) FOUND FOR THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, COPE ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 5062, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND CONTINUING ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 1, COPE ADDITION IN ALL 605.40 FEET TO A CAPPED IRON PIN SET IN THE WEST LINE OF BLOCK 3, McCOMAS SUBDIVISION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-90, PAGE 58, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 1, COPE ADDITION AND THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 12 MINUTES 54 SECONDS WEST 215.90 FEET ALONG THE WEST LINE OF SAID BLOCK 3, McCOMAS SUBDIVISION TO A CAPPED IRON PIN SET FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT ALSO BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 13293, PAGE 338, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 30 MINUTES 54 SECONDS WEST 605.40 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 13293, PAGE 338 TO THE POINT OF BEGINNING AND CONTAINING 3.00 ACRES OF LAND, MORE OR LESS. . Location Map i i : I [_i__-+_:__ 11 L_.L . Li__L i i__---'- I I Franki.. B St ---,----~--- . I~ tl ¡ ! ' ! 11·-¡·_~~~~-·--f-=- ~~lII__t~~~I~" .. __I . ----1:&lTiT-.-.BUC~ St r-¡-r~-r,- , , I I I!, , . Iii:. !O~ J¡orty Rd -~j! i\:,I. ' ì.~..-L6~¡·-T.I~::~ _! . :. i j I ' L-+__---L __ _ __ __ . ~\'-fJ--r-!~~-~- ---r \ : J ! /~, -, /-----1 \.: ',/ \ '\ ~ : - -- -r--- /----\"- \---- j ¡--- J \"---1 ! I I I~ / d [---1 r- I, ~_I, .) - i ~---~ T -ì-~I 1,--'\\, I I , ¡', __ ___i__LL-L-~--- -~ N A NRH ZC 2006-12 Zoning Change; AG to R-1-S; 3 acres J.C. McComas Survey (Abs. 1040) Tr. 4F 6700 Block of Meadow Rd. Prepared by Planning 8/23/06 íLfL.J o 125 250 I 500 I I Feet 750 1 .000 . . Notice of Public Hearing NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case #: ZC 2006-12 Applicant: Dencil Long Location: 6700 Block of Meadow Rd. (3 acres) YOU ARE RECEIVING THIS NOTICE BECAUSE YOU ARE A PROPERTY OWNER WITHIN 200 FT OF THE SUBJECT PROPERTY. Purøose of Public Hearina: . A public hearing was held on August 17, 2006 by the Planning & Zonjng Commission to consider a request from Dencil Long to rezone 3 acres of land (as identified on the attached map) from "AG" Agricultural to KR_1" Single Family Residential located in the 6700 Block of Meadow Rd. The Planning & Zoning Commission asked Mr. Long to change his request from R-1 to R-1-S. Mr. long agreed to do so. As you are a property owner within 200-ft. of the subject property, we are re-notifying you of this zoning change request as there has been a change from the originally published zoning request. This request wilJ be heard by the City Council on September 11 2006. UR-1-S" Djstrict regulations require a 1-acre minimum rot size and aUow livestock to be kept on the property. Public Hearina Schedule: PubHc Hearing Date: CITY COUNCIL MONDAY, SEPTEMBER 11,2006 7:00 P.M. CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Meeting Time ~ Meeting Location: If you have any questions or wÎsh to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland HiUs. Texas 76180 Phone (817)427-6300 Fax (B17) 427-6303 . . WCJ Davis 99 L TD 500 W 13th St - Suite 100 Ft. Worth, TX 76102 Carril & Stephanie Braudrick 8217 Sayers Ln N. Richland Hills, TX 76180 Kevin Armstrong 8220 Woods Ln N. Richland Hills, TX 76180 Mitchell W Johnson 8220 Sayers Ln N. Richland Hills, TX 76180 . . Property Owner Notification List Rosetta Arizona Wiggins 8301 Sayers Ln N. Richland Hills, TX 76180 Carril & Stephanie Braudrick 821 3 Sayers Ln N. Richland Hills, TX 76180 S K Stanford 8216 Woods Ln N. Richland Hills, TX 76182 Harold & Brenda Gilbreath 8212 Sayers Ln N. Richland Hills. TX 76180 Earl McKinney PO Box 1212 Bedford t TX 76095 Sylvia Thrash 8217 Woods Ln N. Richland Hills. TX 76180 Roy Joseph Olson 8208 Woods Ln N. Richland Hills, TX 76180 . . ... :c :c >< w C) t: ï: o N . .. ":t (. ~. ---- "tI.H .:-- ..... , ~ :~ .- : i J: t; . ~_:.a ~ .nf' ~::'~ ':'".. _.~!~ ., - d ~ '- ~ " , f· 1. : ! ~: ~~ S~ t~ f l' ,fl . ,).. , , .J' ; ~.: ~ j ~ ~ .~ ;- <. (/ t·:;ji/:H () (/ V;¡/f 4, , " . . . j . : j t ~ j ç : ~.~. : It= tÝ ." .....- ~III .~~ '",. 0 ~- '~'6 'r,", ;.t. o .-:. ....;;~ :.,.~. .C=- I...J, ;,. ¡::~ ·>?~~\1~~·~ ¡¡¡: t ~ !: '. !~~, t" i ~~ ~\.. :...... !:: ~ h ~~ ê~~ ~..~~ ¡i!l~~i; ~ ~<1It ~~ ~~ ~§ f, , -I, ~ ~ ~.: : ~ i: t \. ~ð ~~ ~ :1... ~.~ ,'Pfl :!,t:! ~¡:¡~~I i:'~m t I::~, ,J ~: í¡ !I!:ì~¡ ; f H!~; 1 I~ , ~t ~ r . ~ 1. . . e Excerpt from August 17, 2006 Planning & Zoning Commission Meeting Minutes ZC 2006-12 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DENCIL LONG TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" SINGLE FAMILY RESIDENTIAL, (LOCATED IN THE 6700 BLOCK OF MEADOW RD. - 3.0 ACRES). APPROVED - WITH STIPULATION TO R-1-S Eric Wilhite presented ZC 2006-12. Mr. Wilhite stated that this is a zoning change request consistent with the surrounding land uses and properties. This request is located in the 6700 Block of Meadow Road. It has been reviewed, meets all the technical requirements, and Staff recommends approval. Dencil Long, 6704 Meadow Road, came forward. Chairman Shiflet opened the Public Hearing and asked if the applicant would consider changing his request to R-1-S. The applicant asked for an explanation of R-1-S. Chairman Shiflet explained that the applicant would be allowed to have livestock on his property if he wished. The applicant responded that he had no problem with this change. The Chairman closed the Public Hearing. Bill Schopper, seconded by Brenda Cole, motioned to approve ZC 2006-12 with the stipulation that the applicant change his request from "R-1" Single Family Residential to "R-1-S" Special Single Family Residential. The motion carried unanimously (7-0). . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.6 Subject: ZC 2006-16 Public Hearing and Consideration of a Request From Smithfield Summit LP to Approve a Zoning Change from "1-2" Medium Industrial to "CS" Commercial Services (Located in the 6400 Block of Smithfield Rd. -- 1.033 acres). Ordinance No. 2903 Case Summary: The applicant, Smithfield Summit LP represented by Daryl Barrett, is requesting the rezoning of two lots (indicated on the exhibit with hatched lines) totaling approx. 4.99 acres from "1-2" (medium industrial) to "CS" commercial services. The zoning change request abuts the vacant tract south of Bates Container, of which a site plan was approved in October 2005, for a 37,000 square foot structure, for the expansion of their current operation. This zoning change is for the purpose of developing a retail/commercial strip center. The proposed structure will be a 31,350 square foot structure facing Mid-Cities Blvd. The applicant currently has a Site Plan and Replat under staff review. Comprehensive Plan: The Comprehensive Plan depicts retail uses for this area. The proposed zoning is consistent with the Plan. Thoroughfare Plan: The site has frontage on Mid-Cities, a 6-lane divided, principal arterial with variable ROW, and Smithfield Road a 4-lane undivided major collector with 68 feet ROW. Surrounding Zoning I Land Use: North: "1-2" / vacant East: "C-1" I commercial South: "C-1" I commercial West: "R-2" / Single family across Smithfield Road Plat Status: A replat has been submitted for review by DRC. Upon completion of development review the item will be placed on the Planning and Zoning Commission and City Council agendas for approval. Existing Site Conditions: The site is currently vacant and undeveloped. Vested Rights: July 19, 2006. Planning and Zoning Commission Recommendation: 2006, recommended 7-0 to approve ZC 2006-10. Staff Recommendation: Approve ZC 2006-16, and ordinance 2903. Thursday, August 17, Review Schedule: Application: 7/1006 Final Hearing: 9/11/06 Total Review Time: 9 weeks . . . ORDINANCE NO. 2903 ZONING CASE ZC 2006-16 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHlAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICH lAND HillS, TEXAS, AND REZONING lOTS 15 AND 16, BLOCK H, SMITHFIELD ADDITION TO THE CITY OF NORTH RICHlAND HillS, TEXAS, FROM 1-2 (MEDIUM INDUSTRIAL) TO CS (COMMUNITY SERVICE) ZONING; ESTABLISHING A PENAL TV; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: . Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning Lots 15 and 16, Block H, Smithfield Addition to the City of North Richland Hills, Tarrant County, Texas, from 1-2 (Medium Industrial) to CS (Community Service) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . . ORDINANCE NO. 2903 Page 2 of 2 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 11 th day of September, 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . Location Map . "tJ > iñ en 'S; , ca Q /(r~,- .-.~. NJiTari'Dí L:~=~ ,.,:::', _.. LJ ;' : 1 i N A NRH ZC 2006-16 Zoning Change; 1-2 to CS; 1.033 acres Smithfield Addition 6400 Block of Smithfield Rd Prepared by Planning 7/12/06 Feet o 125 250 500 750 1.000 . . Notice of Public Hearing NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2006-16 Applicant: Darrell Barrett Location: 6400 Block of Smithfield Rd. (1.033 acres) You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purcose of Public Hearina: A public hearing is being held to consider a request from Darrell Barrett to rezone 1.033 acres of land (as identified on the attached map) from "1-2" Industrial to ~CS" Commercial Services located in the 6400 Block of Smithfield Rd. . Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 17,2006 If recommended for approval by the Planning and Zoning Commissiont this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, SEPTEMBER 11.2006 Both Meetings Time: 7:00 P.M. 80th Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS. TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817)427-6300 Fax (817) 427-6303 . . Bates Container Ltd 6433 Davis Blvd N. Richland Hills, TX 76180 C & J Enterprises PO Box 1910 Roanoke, TX 76262 Ernest & Jeanne Runyon 6337 Smithfield Rd N. Richland Hills, TX 76180 . . Property Owner Notification List Bates Realty LP PO Box 822028 N. Richland Hills, TX 76182 Arcad ia Land Partners 5440 Harvest Hill Rd, Suite 206 Dallas, TX 75230 Mildred 0 Tarwater 6333 Smithfield Rd Smithfield, TX 76080 Virginia Goodman 6413 Smithfield Rd N. Rjchland Hills, TX 76180 Smithfield Summit LP 3113 S. University Dr, Suite 600 Ft. Worth, TX 76109 . U i~ £: I.; oB § s:: -é .¡: ~ 3 iJ '~i1 Jj ! ~ ~J c Ii :t ~ t ~ i II~~~ Ih~: linU "\ ~' . r.~¡.J.;~ , ~ ' '. '\'IJi.:"t- - 'CT' ~ ~~:~.t'~" ,- "r}1!ì.. '~r, -j ~ ~, ~ '¡pl1!i, 'ìi~~ILL: ~ ~'\ \~<. " ';"---~ n 1'1 :1o.~t Î "l ~ \. -----'-, r'" ~ ~', ~o 4., (ti~'"_. .J';"-~~~~,~i ' r, ~:i ., ", ' ,~~~. '. '. '. '. ~.,. . r,' 5",,,.1::,. ". r~ ifi\~'. \_ ,í. ". '\ '.. X ··..-;tµ: ~~~ '~: ~~I tif;\-,~ ,:( ,-=-.::1[1;.._. .-::-. ".-I.,I~:Iit-.. Jf. r~-"-.""""... '" . ~:-e. . 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Excerpt from August 17,2006 Planning & Zoning Commission Meeting Minutes ZC 2006..16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM SMITHFIELD SUMMIT lP TO APPROVE A ZONING CHANGE FROM "1-2" INDUSTRIAL TO "CS" COMMERCIAL SERVICES, (lOCATED IN THE 6400 BLOCK OF SMITHFIELD RD. - 1.033 ACRES). APPROVED Eric Wilhite presented ZC 2006-16. Mr. Wilhite stated that this is a zoning change request by the applicant, Smithfield Summit LP, represented by Mr. Daryl Barrett. The applicant is requesting a rezoning of two existing platted lots. He is currently under site plan review for site development. The development is commercial, which he can do in the adjacent lots which he owns. However, it is not permitted in the contiguous lots that he owns. Staff has reviewed the application and it is consistent with the comprehensive land use plan and is recommended for approval. The Chairman opened the Public Hearing and asked the applicant to come forward. John Grant, Grant Engineering, 3244 Hemphill Street, Ft. Worth, representing the applicant, came forward. Mr. Grant explained that the zoning change request is to change the industrial zoning to commercial in order to be in line with the applicant's wishes to create a retail center. Mr. Grant stated that there is a plat and a site plan that are close to being approved. There are a few utility issues that needed to be worked out. Chairman Shiflet asked is anyone wished to speak in favor or opposition of this request. No one came forward and the Chairman closed the Public Hearing and called for a motion. Bill Schopper, seconded by Brenda Cole, motioned to approve ZC 2006-16. The motion carried unanimously (7-0). . . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: Eric Wilhite Council Meeting Date: 9-11-2006 Agenda No.C.7 Subject: ZC-2006-13 Public Hearing and Consideration of a Request to Approve a Zoning Change from "AG" Agricultural to "R-2" Single Family Residential (Located in the 7000 Block of Douglas Ln. -- 1.234 acres). Ordinance No. 2902 Case Summary: The applicant, B.R. Seale, is requesting a zoning change from the existing "AG" (agricultural district) to "R-2" (single family residential) for the purpose of developing a single family subdivision. A concept plan was presented to DRC that would indicate the possibility of establishing a four lot subdivision. Plat Status: The applicant has submitted a request for a 4-lot preliminary plat. The plat (case# PP 2006-08) is also on this agenda for consideration. Existing Site Conditions: The property is currently vacant and undeveloped. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The proposed development is surrounding by developed "R-2" residential zoned properties. Thoroughfare Plan: The property has frontage on both Starnes Road and Douglas Lane. Both streets are 2 lane undivided minor collector streets with 60' R.O.W. Surrounding Zoning / Land Use: North: "AG"-"R-1-S" / large lot single family East: "R-1-S" / large lot single family South: "AG" / single family West: "R-2" / single family Vested Rights: July 5, 2006. Staff Recommendation: Approval of ZC 2006-13, Ordinance No. 2902 Review Schedule: Application: 6/26/06 Final Hearing: 9/11/06 Total Review Time: 11 weeks . . . ORDINANCE NO. 2902 ZONING CASE ZC 2006-13 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICH lAND HillS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICH lAND HillS, TEXAS, AND REZONING AN 1.234 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (SINGLE FAMilY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning an 1.234 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . . ORDINANCE NO. 2902 Page 2 of 4 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 11th day of September, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . ORDINANCE NO. 2902 Page 3 of 4 EXHIBIT A BEING A TRACT OF LAND OUT OF THE JOHN CONDRA SURVEY, ABSTRACT NO. 311, TARRANT COUNTY, TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6616, PAGE 334, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN SET IN THE NORTH R.O.W. LINE OF STARNES ROAD FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 1, BLOCK 12, WINDCREST, AN ADDITION TO THE CITY OF NORTH RICH LAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-12, PAGE 19, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 00 DEGREES 25 MINUTES 10 SECONDS WEST 181.25 FEET ALONG THE EAST LINE OF SAID BLOCK 12, WINDCREST TO A 1/2" IRON PIN FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 13936, PAGE 327, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 24 MINUTES 47 SECONDS EAST 301.32 FEET ALONG THE SOUTH LINE OF TRACTS OF LAND AS DESCRIBED IN DEEDS RECORDED IN VOLUME 13936, PAGE 327 AND VOLUME 14846, PAGE 493, DEED RECORDS, TARRANT COUNTY, TEXAS, TO A CAPPED IRON PIN SET IN THE WEST R.O.W. LINE OF DOUGLAS LANE; THENCE SOUTH 00 DEGREES 37 MINUTES 10 SECONDS EAST 133.54 FEET ALONG SAID R.O.W. TO A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 26 MINUTES 13 SECONDS WEST 1.00 FEET TO A CAPPED IRON PIN SET FOR CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 37 MINUTES 10 SECONDS EAST 42.28 FEET AND CONTINUING ALONG THE WEST R.O.W. LINE OF SAID DOUGLAS LANE TO A CAPPED IRON PIN SET FOR THE NORTHWEST INTERSECTION OF DOUGLAS LANE AND STARNES ROAD, SAID POINT BEING LOCATED IN A CURVE TO THE LEFT WITH A RADIUS OD 3074.52 FEET; THENCE SOUTHWESTERLY ALONG THE NORTH R.O.W. LINE OF STARNES ROAD AND CURVE TO THE LEFT 152.38 FEET TO A CAPPED IRON PIN SET FOR THE END OF SAID CURVE, WHOSE CHORD BEARS 152.36 FEET SOUTH 88 DEGREES 27 MINUTES 10 SECONDS WEST, SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 3343.02 FEET; . . . ORDINANCE NO. 2902 Page 4 of 4 THENCE SOUTHWESTERLY AND CONTINUING ALONG THE NORTH R.O.W. LINE OF SAID STARNES ROAD 148.65 FEET TO THE POINT OF BEGINNING, WHOSE CHORD BEARS 148.64 FEET SOUTH 88 DEGREES 18 MINUTES 24 SECONDS WEST AND CONTAINING 1.234 ACRES OF LAND, MORE OR LESS. . Location Map _H -9-ou gJas_ln,- . L r--·'---- --,' '.'" "" ., ..,-', . " " "" . .. I t:--î(~/ ! i, '--~~-, J__ LJ I \ . (I)' ~" " ,:':..:;" ~ ~~. ... .: --" , 01 --1 i1 ~ ,~_, -"L-J ~ ~.~ R N A NRH ZC 2006-13 Zoning Change; AG to R-2; 1.234 acres J. Condra Survey (Abs. 311) 7000 Block of Douglas Ln Prepared by Planning 6/28/06 ru-u o 1 25 250 I 500 . I 750 IFeet 1,000 . Notice of Public Hearing NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2006-13 Applicant: B. R. Seale Location: 7000 Block of Douglas Ln.. (1.234 acres) You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. PurDose of Public Hearina; A public hearing is being held to consider a request from 8. R. Seale to rezone 1.234 acres of land (as identified on the attached map) from "AG" Agricultural to "R-2" Res;dentiallocated in the 7000 Block of Douglas Ln. The applicant intends to subdivide this property into four lots: each lot to be at least 9.000 sq. ft. . Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 17, 2006 If recommended for approval by the Planning and Zoning Commission. this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, SEPTEMBER 11, 2006 Both Meetings Time: 7:00 P.M. 80th Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HilLS. TEXAS If you have any questions or wish to submit a petition or letter concerning the above request. please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427..6300 Fax (817) 427 -6303 . . Property Owner Notification List Richard & Norma Westphal B.R. Seale Rodney & Marsh Jenks 7409 Shady Hollow Ct 7317 Douglas Ln 7308 Market Ct N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 WiUiam & Jane Schopper Tommy & Ingr Copeland Melvin & Dianne Elrod PO Box 821384 2405 Brushcreek Dr 7413 Shady Hollow Ln Ft. Worth, TX 76182 Keller, TX 76248 N. Richland Hills, TX 76180 Jay & Allison Kennedy Vancil & Marilyn Jones Charles & Beverly Watkins 7305 Dustin Ct 7309 Dustin Ct 4712 Shady Hollow Ln N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Norman & Joan Trantham Jimmy & Luanne James 7408 Shady Hollow Ct Land Tr 7404 Shady Hollow Ln 7312 Dustin Ct PO Box 210091 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Bedford, TX 76095 Curtis & MJ Barber Buchanan Vince & Mary Burns Brian & Sharon Ownsbey 7405 Shady Hollow Ct 7308 Dustin Ct 7133 Starnes Rd N. Richland HUls, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 . Malvern & Jea n H a sty Birdville ISO Erin Merritt 7400 Shady Hollow Ln 6125 E Belknap 7320 Shady Hollow Ln N. Richland Hills, TX 76180 Ft. Worth. TX 76117 N. Richland Hills, TX 76180 H & B Thavone Vongkhaophet Thomas & Elizabeth Andrews 7132 Starnes Rd 7316 Shady Hollow Ln N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 . . Letter of Opposition Carol Huggins Page 1 of 1 Carolyn Huggins From: CTM [ctm@swbeU.net] Sent: Monday, August 07.2006 4:37 PM To: Carolyn Huggins Subject: Carol Huggins.doc Opposition to rezoning request Carol Huggins North RichJand Hills Planning and Zoning Dear Ms. Huggins, Thank you for you time today to go over the infonnation regarding the rezoning of the property at the corner of Douglas Lane and Starnes Road. In case I am Wlable to attend the public meeting on this issue on the 17th of August, 2006, please accept this letter and present it to the appropriate parties that I wish to officially and STRONGLY oppose the current rezoning and platting of this property for the following reasons: . · · · · The homes and properties along Douglas Lane beginning with mine, as I am right next to this property, are all large lots and homes of at least 2500 square feet or larger. Cramming four smaller homes into this less than 2 acre property will take away from the current country flair that pervades the entire length of Douglas Lane. Trying to squeeze a four house subdivision into this property will hann the look and feel of our neighborhood. It would be my opirúon that no more than two home sites on this property would be in keeping with the present neighborhood and charm, and preferably of the home style that Marvin Smith has built along our Lane. Again I wish to express to the commission my strong opposition to this rezoning request as planed. Sincerely~ Gary Collins 7409 Douglas Lane 8/8/2006 . . . . ... :c :c >< w C) c: ·c o N '~~\._..... ~ -r~~: ~/. ~~;..;"'~ q..;.~. ~ ~, : ~~ m~ DOUG/,AS' L.A_NE __, rH' II.. . ) :: ~ ~ i ~~, ~1~" n,,: ~ ~ ~:~ 11:0 II:CI. ~o t.J~ - ."':!I.4D r /lOU,() W (OUlir_ - .~ m~ .,,¡;~-- .. ,~ I~ f.... ~ ....... ~ ~ :::~~ ~~~ ~~~ ~~~ ~ ~ ¡.; ~iI- ~ ;~~~ ~ c:)~ <?: f.....è l,¡c... f..... ~~ ~ h~ ""t" V:~ ~ :::::~ C/)~~:'f ~~""~~ ~~~~~ ~~ ~ 'J: ~ ~ ~~ ~~ ~~ ~~ l.;~ <~ ::::;c a::... ~~ -~ ;;Ë if;!:; :¡~ ~!!ø~! h:¡'~1 i:!i'i, in;f~, !~(~~~~ ~.Jrl~·t [m!~: t! ~~ !I r~ . . . Excerpt from August 17,2006 Planning & Zoning Commission Meeting Minutes ZC 2006-13 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.R. SEALE TO APPROVE A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-2" SINGLE FAMILY RESIDENTIAL, (LOCATED IN THE 7000 BLOCK OF DOUGLAS LN. -1.234 ACRES). APPROVED Mr. Schopper stated that he would abstain from this case and the following (ZC 2006-13 and PP 2006-08) as he is an adjacent property owner. Eric Wilhite presented ZC 2006-13. Mr. Wilhite stated that this is a zoning change request located at the intersection of Douglas Lane and Starnes Road. It is a vacant tract of land. This request is consistent with the surrounding area and the comprehensive land use plan. It has been reviewed and found to be complete. Staff recommends approval. The Chairman opened the Public Hearing and asked the applicant to come forward. Randy Seale, 6529 Meadow Lakes Drive, came forward. Mr. Seale stated that his father, B. R. Seale, is deceased, but the records have not been changed yet so he is listed as the applicant/owner. Chairman Shiflet asked if anyone wished to speak in opposition to the request. No one came forward. However, for the record, Chairman Shiflet made note of a letter from an adjacent property owner to the north, Mr. Collins, who opposes the zoning request. As there were no others wishing to speak for or against, the Chairman closed the Public Hearing and called for a motion. Don Bowen, seconded by Mike Benton, motioned to approve ZC 2006-13. The motion carried (6-0-1) with Mr. Schopper abstaining. . . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-11-2006 Agenda NO.D.O Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. . . . Department: City Secretary Presented by: Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-11-2006 Agenda No.E.O . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 9-11-2006 Agenda No.E.1 Subject: PW 2006-024 Approve a Resolution Supporting a Municipal Setting Designation (MSD) Application to the Texas Commission on Environmental Quality for 1101-1107 Pamela Drive, 1103-1109, 1110, 1114 and 1118 South Airport Circle and 1205 Texas Star Parkway located in the City of Euless, Texas - Resolution No. 2006- 062 In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorized the Texas Commission on Environmental Quality (TCEQ) to receive, process and certify MSD applications for properties within contaminated groundwater. The goal of this law is to reduce corrective action requirements and associated costs for clean up of contaminated groundwater that are not used as a potable water supply and are not likely to be used in the future. GPI Interim, Inc., Sealy Shiloh, LP and Texas Star Industrial Group, L TD are co- applicants in trying to obtain TCEQ approval for a MSD for property located in the City of Euless. The property is located at 1101-1107 Pamela Drive, 1103-1109, 1110,1114 and 1118 South Airport Circle and 1205 Texas Star Parkway, Euless, Texas. The City of Euless passed an ordinance on April 11, 2006 prohibiting the use of groundwater for potable purposes at the designated properties. The application will need to include resolutions from cities located within a 5-mile radius of the MSD property indicating support. The City has the choice to either support or not support the MSD application. Staff has reviewed the technical aspects of the application. Staff would recommend support of the resolution for the following reasons. 1. The contaminated groundwater is shallow and appears to be separated from another underlying body of deeper groundwater by a confining layer of rock. Therefore it does not threaten the deeper aquifers. 2. The City of North Richland Hills has one well located within the 5-mile radius. It is a very low producing well and was located just on the 5-mile radius limit. Not that this would be the sole reason for recommending approval or denial, but as shown on the attached map the City of North Richland Hills just falls within the 5-mile radius. If the designated property was located several hundred feet further east, the City of North Richland Hills would not be part of this decision. Representatives for the co-applicants will be present at the Council Meeting to address any questions Council may have. Recommendation: To approve Resolution No. 2006-062. . . . eNRH RESOLUTION NO. 2006-062 A RESOLUTION IN SUPPORT OF THE APPLICA TION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 1101-1107 PAMELA DRIVE, 1103-1109, 1110, 1114, AND 1118 SOUTH AIRPORT CIRCLE, AND 1205 TEXAS STAR PARKWAY, EULESS, TEXAS. WHEREAS, on April 11, 2006, the City Council of the City of Euless, Texas, approved ordinance number 1731, prohibiting the use of shallow groundwater for potable purposes at 1101-1107 Pamela Drive, 1103-1109, 1110, 1114, and 1118 South Airport Circle, and 1205 Texas Star Parkway, Euless, Texas, ("Site") more fully described in Exhibit "A"; and WHEREAS, the City Council of the City of Euless, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts of GPI Interim, Inc., Sealy Shiloh, lP, and Texas Star Industrial Group, ltd., Co. ("Applicants"), to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and . WHEREAS, Applicants have filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; and WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicants have continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE, . BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: . SECTION 1. Supports Applicants' application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. AND IT IS SO RESOLVED. Adopted this 11 th day of September 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: . Patricia Hutson, City Secretary Approved as to form and legality: George A. Staples, Attorney RECOMMENDED: Department Head . . . . EXHIBIT A 1205 Texas Star Parkway, 1110, 1114, and 1118 South Airport Circle Being all of Lots 1 Rand 2 R, Block 1, Airport Business Park, an addition to the city of Euless, Tarrant County, Texas, according to the Corrected Plat thereof recorded in Volume 288 175, Page 76, of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the northerly northwest corner of Said Lot 1 R, Block 1, said iron pin also being on the south right of way line at South Airport Circle; THENCE N 67° 15' E along said south right of way line of South Airport Circle a distance of 149.29' to an "X" cut in concrete for the common north corner of Lot 1 Rand Lot 2 R, Block 1; THENCE continuing along said south right of way line of South Airport Circle N 67 ° 15' E a distance of 360.46' to an iron pin for the beginning of a curve to the right having a radius of 40.0'; THENCE along said curve to the right, along said South Airport Circle right of way an arc length of 76.54' to, an iron pin; THENCE S 03° 07' E along the west right of way of said South Airport Circle a distance of 297.45' to an iron pin for the beginning of a curve to the right having a radius of 100.00'; THENCE along said curve to the right, along said South airport Circle right of way an arc length of 122.81' to an iron pin; THENCE S 67° 15' W along the northerly right of way line of said South Airport Circle a distance of 204.01' to an iron pin, said iron pin being the common south corner of said Lot 1 R and Lot 2 R, Block 1; THENCE continuing along said northerly right of way line of said South Airport Circle S 67° 15' W a distance of 160.0' to an iron pin; THENCE N 67'° 45' W along the common right of way line of said South Airport Circle and Airport Drive a distance of 14.14' to an iron pin, said iron pin being on the easterly right of way line of said Airport Drive; THENCE along said easterly right of way of Airport Drive N 22° 45' W a distance of 249.98'. to an iron pin for the beginning of a curve to the right having a radius of 920.75'; THENCE continuing along said curve to the right an arc distance of 130.56' to an iron pin; . . . THENCE along the common right of way line of said Airport Drive and South Airport Circle N 26° 09' 03" E a distance of 15.24' to the Point of BEGINNING and containing 4.69 acres of land. 1103-109 South Airport Circle lot 14 R, Block 2, AIRPORT BUSINESS PARK SUBDIVISION, to the City of Euless, Tarrant County, Texas, according to the Revised Plat thereof recorded in Volume 388 129, Page 79, Plat records, Tarrant County, Texas. 1101-1107 Pamela Drive BEING a 4.123 acre tract of land, said tract being part of Tract B, Block 1, EUlESS INDUSTRIAL PARK, FIRST FiliNG, an addition to the City of Euless, Texas, according to the plat thereof recorded in Volume 388 26, Page 23, and part of said 4.123 acre tract being lots 7, 8, 9 and 10, Block 1, EUlESS INDUSTRIAL PARK, SECOND FiliNG, according to the plat thereof recorded in Volume 388 31, Page 70, Map or Deed Records, TARRANT COUNTY, Texas, and being more particularly described as follows: BEGINNING at a point, a 1/2 inch iron rod, said point being the intersection of the north right of-way line of Pipeline Road (50' right of way) with the east right of way line of Pamela Drive (50' right of way); THENCE North along the east right of way line of Pamela Drive and the west line of lots 10, 9, 8 and 7, Block 1, in said Euless Industrial Park, Second Filing Addition, a distance 508.50' to a point, a power pole, for corner; THENCE North 88° 28 minutes 40 seconds East, a distance of 350.12' to a point, a railroad spike, in the west right of way line of Stanley Drive (50' right of way); THENCE South along the west right of way line of Stanley Drive, a distance of 517.80' to a point, a 1/2 inch iron rod, in the north right of way line of Pipeline Road; THENCE West along the north right of way line of Pipeline Road, a distance of 350.00' to the POINT OF BEGINNING AND CONTAINING 179,603 square feet or 4.123 acres of land, more or less. . . . Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-11-2006 Agenda No.F.O CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Dave Pendley Council Meeting Date: 9-11-2006 Agenda No.F.1 Subject: GN 2006-081 Consider revising Chapter 98, Section 98-374, of the Code of Ordinances by amending section 606.5 of the 2000 International Plumbing Code and repealing the prohibition of non-metallic (plastic) water distribution piping - Ordinance No. 2906 As reported on various television stations and newspaper articles over the past several months, the theft of copper and other valuable construction metals is prominent throughout the DFW area. The rising price of copper has enticed thieves to "cash in" by raiding jobsites and pilfering the newly installed water piping. During the spring of this year, many of the local builders met with representatives of the Police Department and the Building Inspection Department in order to discuss methods of preventing the copper thefts. Several ideas were proposed and have been attempted, but the results have been sporadic. . For many years the North Richland Hills plumbing code has prohibited the use of non- metallic (plastic) water distribution pipe in residential and commercial construction. This "prohibition" was brought about for several reasons which included the massive failures of polybutylene pipe (gray plastic) in the 1980's. It should be noted, however, that despite many of the early failures of non-metallic piping, the industry has greatly improved and various products are now available which have properties that meet or exceed copper piping and are also easier and less costly to install. These products are regularly tested and evaluated by the American Society for Testing and Materials (ASTM) as well as the International Code Council (ICC), and are products that are currently being approved by many of our surrounding communities. As a result, due to continued development and improvement of non-metallic water piping materials, as well as the overwhelming need to provide relief for our area contractors, staff brings forth this amendment to our plumbing code. The amendment strikes the current language in our city code and replaces it with text that will provide for the use of approved and tested non-metallic (plastic) water distribution piping types. This amendment has been reviewed and was unanimously recommended for City Council approval by our Construction Code Advisory Board on August 8th, 2006. Recommendation: To approve Ordinance Number 2906. . . . . ORDINANCE NO. 2906 AN ORDINANCE AMENDING CHAPTER 98 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, AMENDING SECTION 605.5 OF THE 2000 INTERNATIONAL PLUMBING CODE AS AMENDED BY THE RECOMMENDED AMENDMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AS THE PLUMBING CODE OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING FOR SEVERABILITY; REPEALING OBSOLETE AND CONFLICTING ORDINANCES; ESTABLISHING A PENALTY; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the North Richland Hills City Council desires ,amend Section 605.5 of the 2000 International Plumbing Code in order to better provide for the safety of its residents and their property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT 98-374 of the North Richland Hills Code of Ordinances be amended by amending Section 605.5 of the 2000 International Plumbing Code to read as follows: "605.5 Water distribution pipe. Water distribution pipe shall conform to NSF 61 and shall conform to one of the standards listed in Table 605.5. All hot water distribution pipe shall have a minimum pressure rating of 100 psi (690 kPa at 1800 Fahrenheit (820 Celsius). When utilized, non-metallic pipe, tubing or similar materials shall be installed in strict conformance with the manufacture's installation instructions, nationally recognized evaluation reports, and all policies/procedures established by the Building Official. An additional form of electrical grounding shall be provided and installed in accordance with the electrical code whenever non-metallic water distribution materials are utilized." Section 2: All other Ordinances or parts of Ordinances in conflict herewith, are hereby repealed to the extent that they are in conflict. Such other Ordinances are hereby saved from repeal to the extent they do not conflict herewith. . . . Section 3: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity 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 invalid phrase, clause, sentence, paragraph or section. Section 4: Violation of any provision of this ordinance or the International Plumbing Code herein adopted, which governs fire safety and public health, shall be punished by a fine of not more than Two Thousand Dollars ($2,000.00). Each day any violation shall continue shall constitute a separate offense. Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance two times. Section 6: This Ordinance shall become effective immediately upon passage. AND IT IS SO ORDAINED. PASSED on the day of , 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George A. Staples, Attorney . . . Excerpt from August 8, 2006 Construction Code of Appeals Board Meeting Minutes CONSIDER MODIFYING THE CURRENT PLUMBING CODE TO ALLOW APPROVED NON-METALLIC SUPPLY PIPING MATERIALS APPROVED Mr. Pendley asked the Board to refer to the second to the last page of the handout entitled Supplemental Building Regulations. He reviewed the verbiage to be deleted and the new section to be inserted which refers to plastic water piping. Staff removed that wording by an amendment that will allow non-metallic piping, thus putting plastic piping back in with the condition that it will have to be an approved piping system, Le., certain standards will have to be met or it cannot be installed. This is already in the 2000 plumbing code but it was written out a couple of years ago and we would like to put it back in. Mr. Pendley explained that staff will write up a policy regarding standards and that the wording will include "an additional form of electrical grounding shall be provided and installed in accordance with the electrical code whenever non-metallic water distribution materials are utilized." Chairman Motheral asked for a motion and further discussion. Mr. Robinson, seconded by Mr. Crane, motioned to recommend approval of modifying the current plumbing code to allow approved non-metallic supply piping materials. Mr. Robinson stated that he is a copper person because rodents like plastic. Other than that, why not. The motion carried unanimously (6-0). CITY OF NORTH RICHLAND HILLS . Department: Budget Presented by: Drew Corn Council Meeting Date: 9-11-2006 Agenda No.F.2 Subject: GN 2006-079 Adopting the 2005/2006 Revised Budget and 2006/2007 Proposed Budget - Ordinance No. 2904 The proposed budget for 2006/2007 was filed with the City Secretary's office on July 31, 2006. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 2006/2007 General Fund budget is based on the 57¢ tax rate which is the existing rate for the current fiscal year. Revisions to the 2005/2006 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are: . Fund General Fund Debt Service Fund Parks & Recreation Fund Crime Control District Promotional Fund Donations Fund Special Investigation Fund Drainage Utility Fund Gas Development Fund Utility Fund Aquatic Park Fund Golf Course Fund 2005/2006 Revised $34,620,226 16,531,108 4,317,856 4,647,562 234,626 121 ,240 379,697 711 ,368 o 22,155,199 3,677,527 2, 112,585 The Budgeted Capital Projects Expenditures are: Fund Street & Sidewalk Projects Drainage Projects Utility Projects Parks & Recreation Projects Aquatic Park Projects Municipal Facility Projects Major Capital Equipment Program Economic Development Projects CIP Personnel-Operating Overhead Costs - 2006/2007 Proposed $34,569,836 8,765,524 4,309,648 4,623,240 216,262 166,617 396,281 707,186 447,250 22,672,516 3,930,396 2,424,460 2006/2007 Proposed $10,481 ,508 345,000 2,975,000 1 ,964,889 912,000 7,001,602 2,018,100 3,410,000 1 , 144,593 $30,252,692 . . . The City of North Richland Hills Crime Control and Prevention District Board of Directors conducted a budget work session on August 4-5, 2006 to review the 2005/2006 Revised Budget and the 2006/2007 Proposed Budget. The Board met and held a public hearing August 28, 2006 prior to the City Council meeting. The Board recommended that City Council approve and adopt both the revised and proposed budgets. As required by law, all legal notices were published. The Park and Recreation Facilities Development Corporation Board of Directors met on August 24, 2006 to review the Proposed 2006/2007 Budget. The Board conducted a public hearing prior to the City Council meeting on August 28, 2006. The Board approved the Proposed 2006/2007 Budget. As required by law, all legal notices were published. The City of North Richland Hills City Counci~ conducted a budget work session on August 4-5, 2006 to review the 2005/2006 Revised Budget and the 2006/2007 Proposed Budget for all funds. The Council met and held a public hearing August 28, 2006 at the City Council Meeting for public comment on the budget. As required by law, all legal notices were published. Recommendation: To approve Ordinance No. 2904 adopting the 2006/2007 Budget for all funds and the revisions to the 2005/2006 Budget for all funds. .NRH ORDINANCE NO. 2904 AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2006 THROUGH SEPTEMBER 30,2007, FOR THE CITY OF NORTH RICHLAND HillS, TEXAS; ADOPTING THE AMENDED BUDGET FOR OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, AND PROVIDING FOR INVESTMENTS AND TRANSFERS. WHEREAS, in accordance with Section 102.001, at saq., TEX. Lac. Gov'r CODE, the City Manager submitted to the City Council a budget for 2006/2007, and the Council determined that a public hearing should be held at a time and place which was set forth in a notice published as required by law; and, WHEREAS, such public hearing on the budget was duly held on August 28, 2006, and all taxpayers were given an opportunity to attend and participate in such public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF NORTH RICHLAND HillS, TEXAS: . Section 1 : THAT the budget for the City of North Richland Hills, Texas, for the fiscal year beginning October 1, 2006, and ending September 30, 2007, in words and figures as shown therein, is adopted and approved as filed herewith. A copy of the approved budget shall be filed with the City Secretary. Section 2: THAT the City Manager be and is hereby authorized to make inter- departmental and inter-fund transfers during the fiscal year as deemed necessary in order to avoid over-expenditure of particular accounts. Section 3: THAT the City Manager or his designee be and is hereby authorized to invest any funds not needed for current use in any lawful manner. Interest accrued from investments shall be deposited to the interest income account of the funds from which the principal was invested. Section 4: THAT the amended budget for the City of North Richland Hills for the fiscal year beginning October 1, 2005, and ending September 30, 2006, filed herewith is hereby adopted and approved. A copy of the amended budget shall be filed with the City Secretary. AND IT IS SO ORDAINED. . . . . Ordinance No. 2904 Page 2 0 2 Passed on this 11 th day of September, 2006. ATTEST: CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Drew Corn, Budget Director CITY OF NORTH RICHLAND HILLS . Department: Budget Presented by: Drew Corn Council Meeting Date: 9-11-2006 Agenda No.F.3 Subject: GN 2006-080 Adopting the Tax Rate for Tax Year 2006 - Ordinance No. 2905 The notice of effective tax rate was published in the Star Telegram newspaper on August 8, 2006; the notice of public hearing on the tax increase, on August 17, 2006; and the notice of vote on tax rate, on August 29, 2006 all in accordance with State law. In addition, the notice of public hearing on the tax increase and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The proposed 2006/2007 tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the fourteenth year with a 57¢ tax rate. The proposed rate of 57¢ is an increase of 0.358% over the effective tax rate. The proposed rate of 57¢ is broken down into two parts as follows: 34.6951 ¢ 22.3049¢ for the purposes of maintenance and operations for the payment of principal and interest on debt of the City . Adoption of Ordinance No. 2905 would set the tax rate for fiscal year 2006/2007 at 57¢ per $1 00 valuation. Recommendation: State law requires the following motion to approve the tax rate: "I move that property taxes be increased by the adoption of a tax rate of 57 cents per $100 valuation", and adopt Ordinance No. 2905. . .NRH ORDINANCE NO. 2905 AN ORDINANCE SETTING THE TAX RATE FOR THE CITY OF NORTH RICH lAND HillS FOR THE 2006/2007 TAX YEAR. WHEREAS, the City of North Richland Hills has followed the procedures established by the Property Tax Code, including the publishing and posting of required notices and the holding of required public hearings; and, WHEREAS, the City Council has approved separately each of the two components of the tax rate hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHlAND HillS, TEXAS: Section 1 : THAT there shall be and there is hereby levied the following taxes on each One Hundred Dollars ($100.00) of valuation on all taxable property within the City of North Richland Hills, Texas, to be assessed and collected for the year 2006/2007 for the purposes hereinafter stipulated, to-wit: . (a) For operations and maintenance levied on the $100.00 valuation: $0.346951; and (b) For the interest and sinking fund levied on the $100.00 valuation: $0.223049. TOT AL: $0.570000 Section 2: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS OF A $100,000.00 HOME BY APPROXIMATELY $2.63. AND IT IS SO ORDAINED. . . Ordinance No. 2905 Page 2 of 2 Passed on this 11 th day of September, 2006. CITY OF NORTH RICH LAND HILLS ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney . APPROVED AS TO CONTENT: Drew Corn, Budget Director . . . . CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Jo Ann Stout Council Meeting Date: 9-11-2006 Agenda No.F.4 Subject: GN 2006-083 Interlocal Agreement between the Cities of North Richland Hills and Southlake for Animal Impoundment - Resolution No. 2006-075 The Neighborhood Services Department was contacted by the City of Southlake back in July of 2006, inquiring whether the City of North Richland Hills would be willing to house their animals on a temporary basis until they could figure out a more long term plan. A local veterinarian previously housed the City of Southlake's animals but their contract with him expired the end of July and the veterinarian informed them of his intent not to renew the contract. This proposed interlocal agreement must be approved by both the City of Southlake and the City of NRH. Southlake's City Council will take action on this interlocal agreement at their September 5, 2006 City Council meeting. The attached interlocal agreement if approved by both City Councils will be in full effect for 2 years, unless amended. This agreement may be terminated by either party after receiving 30 days written notice. The City of Watauga has also notified the Neighborhood Services Department that they will be terminating their interlocal agreement with us effective September 30, 2006. Their plans are to have their new shelter up and fully operational by October 1, 2006. The Animal Adoption and Rescue Center currently houses approximately 84 of Watauga's animals per month. We have housed the City of Watauga's animals for many years at $50 per animal. The attached interlocal agreement is similar to the interlocal agreement approved for the City of Watauga except the shelter staff has surveyed other comparable cities to find out what their current fees are for housing animals. Our new rate, as reflected in the agreement will be $105 per animal. This fee was mid-range of all the comparable cities we surveyed. All boarding fees, adoption fees, impound fees etc., will go directly to the City of North Richland Hills. The City of Southlake will be responsible for medical treatment of all injured animals brought to our shelter. Southlake's animal officer will continue to be responsible for monitoring their city and bringing any loose or stray animals to our shelter for handling. All other associated fees are based on current fees approved by ordinance. The City of Southlake houses approximately 10-15 animals per month and therefore we feel that approving this interlocal agreement with the City of Southlake will have little impact on our ability to maintain current service levels and our ability to care and accommodate the animals within our City. The City of Southlake has shown some interest in possibly allocating funds to the City of NRH for the expansion/renovation of our shelter and possibly housing their animals here on a permanent basis. This option will be discussed further with the City of Southlake. Any changes or extensions to this agreement will be brought back to City Council for approval. Recommendation: To approve Resolution No. 2006-0751 . NRH RESOLUTION NO. 2006-075 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH lAND HillS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to enter into an interlocal agreement with the City of Southlake for Animal Impoundment Services, as the act and deed of the City of North Richland Hills. PASSED AND APPROVED this the 11th day of September, 2006. CITY OF NORTH RICHlAND HillS ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary . APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services . . INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND SOUTHLAKE FOR ANIMAL IMPOUNDMENT THE STATE OF TEXAS § § COUNTYOFTARRANT § THIS ("AGREEMENT"), is made and entered into by the CITY OF NORTH RICHLAND HILLS, TEXAS, a Home Rule municipal corporation, ("NORTH RICHLAND HILLS"), and the CITY OF SOUTHLAKE, TEXAS a Home Rule municipal corporation, ("SOUTHLAKE"), each acting by and through its duly appointed and authorized city manager: WITNESETH: WHEREAS, NORTH RICHLAND HILLS AND SOUTHLAKE are desirous of entering into a contract for Animal Impoundment Services to provide a more effective and efficient delivery of such services; and . WHEREAS, NORTH RICHLAND HILLS has the facilities available to perform Animal Impoundment for both cities; and WHEREAS, all payments for Animal Impoundment to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, NORTH RICHLAND HILLS and SOUTHLAKE have concluded that this Agreement fairly compensates the performing party for the Animal Impoundment Services being provided hereunder; and WHEREAS, NORTH RICHLAND HILLS and SOUTHLAKE believe that this Agreement is in the best interests of NORTH RICHLAND HILLS and SOUTHLAKE; and WHEREAS, this Agreement is approved by the governing bodies of NORTH RICHLAND HILLS and SOUTHLAKE; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act"). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, NORTH RICHLAND HILLS AND SOUTHLAKE HEREBY AGREE TO THE FOLLOWING: . . Section 1. Section 2. Section 3. . . All matters stated above in the preamble are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Term. This Agreement shall be for a term of two (2) years commencing on October 1, 2006, and ending September 30, 2008, (the "Initial Term") Scope of Services to be provided by NORTH RICHLAND HILLS. NORTH RICHLAND HILLS hereby agrees to provide SOUTHLAKE the following equipment, services, personnel, and facilities: a. Accept animals brought to the North Richland Hills Animal Shelter by Southlake Animal Control Officers. b. Provide access to the Euthanasia Room to Southlake Animal Control Officers for preparation of rabies specimen. c. Provide supplies for rabies specimen testing. d. Provide after hours building computer access to Animal Control Facility to Southlake Animal Control Officers. e. Hold animals (other than feral cats) brought to Animal Control Facility without collars and/or identification for at least four (4) business days and those without collars and/or identification for at least seven (7) business days. f. Feral cats will be evaluated after 24 hours and disposed of as deemed appropriate. g. Although adoption services may be provided, pit bulls and pit bull mixes will not be available for adoption. h. Euthanize and cremate animals not claimed within the period provided under e. hereof if not adopted. 1. Collect fees from pet owners as follows: Pet surrender: $13.00 per pet. Impoundment fee: First impoundment: $18.00 for neutered pet, $46.00 for unnuetered pet. Second impoundment: $86.00. Third impoundment $104.00. Quarantine fee: $15.00 per night of quarantine. Boarding fee: $13.00 per night. . Section 4. . Section 5. Section 6. Section 7. . j. provide for adoption of pets under three months of age at a rate of $80.00 each and for pets three months of age and older at a rate of $90.00 each. These charges cover neutering, microchip implantation for identification, first booster, intestinal wormer, heartworm tests as needed and rabies vaccination for pets three months of age and older. k. Accept missing pet reports from Southlake residents who come to the North Richland Hills Animal Control facility to make such reports or to look for their animals. SOUTHLAKE OBLIGATIONS. SOUTHLAKE shall: a. Perform all field work necessary to serve Southlake residents and provide animal control officers to bring animals to the North Richland Hills Animal Control facility. b. Pay North Richland Hills $105.00 per animal brought to the Animal Control facility by Southlake Animal Control Officers or Southlake Police Officers. c. Reimburse North Richland Hills for all supplies used by Southlake personnel pursuant to Sec. 3.c. hereof. d. Enact and provide to North Richland Hills copies of ordinances establishing the fees set forth in Sec. 3. hereof. Payments for Services Performed. All payments provided for in Sec. 3. hereof shall be retained by the City of North Richland Hills as partial payment for services rendered. Cancellation. SOUTHLAKE shall have the right to terminate this Agreement if NORTH RICHLAND HILLS breaches any of its terms or fails to perform any of the obligations it imposes, and then fails to cure the breach or failure within thirty (30) days following written notice from SOUTHLAKE. If the Agreement is terminated under this paragraph, NORTH RICHLAND HILLS shall be entitled to retain money already received. Notices. All notices required or provided for in this Agreement shall be sent to the following parties by certified mail - return receipt requested: . NORTH RICHLAND HILLS SOUTHLAKE Larry J. Cunningham, City Manager City of NORTH RICHLAND HILLS P.O. Box 770 NORTH RICHLAND HILLS, TX 76244 Shana Yelverton, City Manager City of Southlake 1400 Main Street Southlake, TX 76092 Section 8. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public service, it is mutually agreed that all questions arising under this Agreement shall first be handled and attempted to be resolved between the City Managers of NORTH RICHLAND HILLS and SOUTHLAKE. All issues regarding the performance of Animal Impoundment and the operation of the Animal Impoundment Facility shall be brought directly to the attention of the NORTH RICHLAND HILLS Animal Center Supervisor. Immediate performance complaints or concerns should be addressed by communicating the problem to the on-duty Animal Control Officer. . Section 9 . Venue. Venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, Texas. Section 10. Both parties mutually agree that NORTH RICHLAND HILLS is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of NORTH RICHLAND HILLS in no way are to be considered employees of SOUTHLAKE. The employment rights of NORTH RICHLAND HILLS personnel assigned under this agreement will not be abridged. NORTH RICHLAND HILLS AND SOUTHLAKE EACH AGREE TO ACCEPT FULL RESPONSIBILITY FOR THE ACTIONS OF THEIR OWN OFFICERS, AGENTS AND EMPLOYEES IN THE OPERATION OF THE ANIMAL IMPOUND FACILITY, OR IN THE PERFORMANCE OR USE OF SERVICES UNDER THIS AGREEMENT, AND EACH PARTY HEREBY AGREES TO INDEMNIFY AND OTHERWISE HOLD HARMLESS THE OTHER PARTY, ITS OFFICERS, AGENTS AND EMPLOYEES IN BOTH PUBLIC AND PRIVATE CAPACITY AGAINST ALL LIABILITY CLAIMS, SUITS, DEMANDS, LOSSES, DAMAGES, ATTORNEY FEES, INCLUDING ALL EXPENSE OF LITIGATION OR SETTLEMENT, OR CAUSES OF ACTION OF ANY KIND WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR A LOSS OF, DAMAGE TO, OR LOSS OF THE USE OF ANY PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF THAT PARTY, ITS OFFICERS, AGENTS OR EMPLOYEES, IN THE OPERATION OF THE ANIMAL IMPOUND FACILITY, OR IN THE PERFORMANCE OR USE OF SERVICES UNDER THIS AGREEMENT. . It is expressly understood and agreed that, in the execution of this Agreement, NORTH RICHLAND HILLS and SOUTHLAKE do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the . exercise of governmental functions relating hereto or otherwise, By entering into this Agreement, NORTH RICHLAND HILLS and SOUTHLAKE do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 12. In the event that the animal control facilities are damaged due to a natural or a man made disaster and is unusable, NORTH RICHLAND HILLS shall be relieved from all its responsibilities under this contract. Section 13. This Agreement has been approved by the governing bodies of NORTH RICHLAND HILLS and SOUTHLAKE, respectively. The execution of this Agreement has been authorized by an act of the governing bodies of NORTH RICHLAND HILLS and SOUTHLAKE at a duly called and posted meeting. IN WITNESS WHEREOF, we have hereunto set our hands this the _ day of 2006, in duplicate originals. CITY OF NORTH RICHLAND HILLS, TEXAS CITY OF SOUTHLAKE, TEXAS . By: Larry J. Cunningham City Manager By: Shana Yelverton City Manager ATTEST: ATTEST: By: Patricia Hutson City Secretary By: Lori Farwell City Secretary APPROVED AS TO FORM: By: George A. Staples City Attorney for North Richland Hills By: Tim Sralla City Attorney for Southlake . . . . CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Thad Chambers Council Meeting Date: 9-11-2006 Agenda No. F.5 Subject: GN 2006-085 Appointments to Economic Development Advisory Committee The Economic Development Advisory Committee has five members whose terms expire August 1, 2006. In addition, there is a vacancy that was previously held by Phil Myhra, of HealthMarkets, Inc., who is no longer with the company. Our new Economic Development Director is anxious to have the positions filled as soon as possible so that he can begin working with them on matters related to our Economic Development program in North Richland Hills. Council may recall that when the Economic Development Advisory Committee was created, it was suggested that delegates from various areas of our business community be appointed to ensure that a complete and varied spectrum of backgrounds could be involved. Representation is to be from the business community, consisting of both large and small employers in service/office, manufacturing, retail, medical, banking, and entertainment/tourism industries, new car dealerships, as well as commercial brokers and developers. We have had a good mix of all of these types of businesses in the past and would like to continue to have a variety so that we can get beneficial input from our entire business community. With this in mind, it is recommended that Council consider the reappointment of the following current members of the Advisory Committee for a two year term that will expire August 1, 2008: Linda Timmons - Bates Containers, representing manufacturing. Randy Moresi - North Hills Hospital, representing medical. Dan Quinto - Developer, representing development and brokers. It is further recommended that a new person be appointed whose term would be expiring August 1, 2008 to represent non retail small - middle sized employer companies: Gene O'Bannon This will leave one vacancy and we will bring back a recommendation later for someone from the entertainment/tourism industry such as Blue Line Ice, etc. With the vacancy created by Mr. Myhra, it is recommended that Tony Garcia, President of Health Markets, Inc. and representing large employer groups, to fill the unexpired term of Mr. Myhra, and this term would expire August 1, 2007. . . . With three reappointments and two new Board members combined with the individuals whose terms are not expired, it will give the Economic Development Advisory Committee a broad range of individuals with different backgrounds in business that would be very helpful for our continuing with our Economic Development efforts. Recommendation: To approve reappointment of Mr. Moresi, Ms. Timmons, and Mr. Quinto to terms to expire August 1, 2008; to appoint Mr. O'Bannon to a term to expire August 1, 2008; and to appoint Mr. Garcia to an unexpired term of Mr. Myhra to end August 1, 2007. · · · CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-11-2006 Agenda No.F.6 Subject: Information and Reports - Councilman Welch Announcements The Regional Transportation Council will hold a public meeting at 6:30 p.m. on Tuesday, September 12th, in the City Council Chambers at North Richland Hills City Hall. The public is invited to learn what is happening with transportation in the region and help set priorities for the future. Iron Horse Golf Course, which has been closed for greens reconstruction, will reopen to the public on the afternoon of Thursday, September 21. To reserve your tee time, please call Iron Horse at 817-485-6666 ext. 5. Keep NRH Beautiful is recruiting volunteers for Trash Bash on Saturday, September 23. Neighborhood associations, schools, civic groups, scout troops, student associations, sororities, fraternities, and employee groups are encouraged to participate. For more information, please call 817-427-6651. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Lori Brown, Parks & Recreation Department An e-mail was received from a resident thanking Lori for the fantastic Sounds of Spring Concert Series. She said the event was especially perfect for her mentally delayed child who loves being outdoors and adores music. The resident expressed thanks to all who make these events possible. . . . Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 9-11-2006 Agenda No. F.?