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Home My WebLink AboutCC 2007-01-08 AgendasCITY 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, January 8, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007 -001 Discuss Rescheduling the March 12, 2007 City Council Meeting (5 Minutes) A.3 IR 2007 -002 Public Works Design Manual - Proposed Changes (30 Minutes) A.4 IR 2007 -003 Update on the Sounds of Spring Concert Series and Companies In Action (formerly Corporate Challenge) (15 Minutes) A.5 IR 2007 -005 Discuss 2007 Federal Legislative Positions (5 Minutes) A.6 IR 2007 -006 2006 Year in Review Video (5 Minutes) • A.7 Adjournment C P.rtifirn inn 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 HMIs, Texas in compliance with Chapter 551, Texas Government Code on January 5, 2007 at :4(,Q Assi t t City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817- 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on an matter listed . Y on the agenda or on any matter �n which the duty of the attorney to the governmental body . g Y under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 0 +6 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 8, 2007 7:00 P.M. Copies of the full City Council agenda information packet are accessible rior t p o every regularly scheduled Monday Council meeting according to the followin g locations an schedule: d • Library on the Friday prior to the meeting (available electronically) • 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 eat www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council g Y meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City oard or Y Commission at a later date. In order to address the Council, lease complete a p p Public Meeting Appearance Card and present it to the City Secretary Secrets 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 p brought u during the citizens presentation. g g A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. g B.1 Approval of Minutes of November 14 -15, 2006 City Council Goals and Vision Setting Work Session B.2 Approval of Minutes of December 11, 2006 City Council Meeting B.3 FP 2006 -14 Consideration of a Request from Dencil S. Lon g pp III to Approve a Final Plat of Lot 1, Block 1, Dencil Long I I I Estates (Located in the 6700 Block of Meadow Road. - 2.838 acres). (Continued from the December 11, 2006 Council Meeting) B.4 FP 2006 -17 Consideration of a Request from Tom Kilpatrick to Approve a Final Plat of pp Lots 1 & 2, Block 4, W. E. Odell Addition (Located in the 7900 Block of Mickey treet - Y .4028 acres) and enter into a City Developer agreement. B.5 PAY 2007 -001 Approve Final Payment in the amount of $14,342.51 to Sharrock Electric, Inc. for the Traffic Signal Light Communication System (2003) Project B.6 GN 2007 -001 An Ordinance Amending Article IV of Chapter 14 of the North Richland Hills Code of Ordinances and Designating the Lead Humane Officer as the Local Rabies Control Authority (LRCA) - Ordinance No. 2918 B.7 PU 2007 -001 Award Bid for 2007 -Year Model Vehicles to Graff Chevrolet in the Amount of $236,542 and Huffines Chevrolet in the Amount of $21,517 B.8 PU 2007 -002 Authorize Purchase of New TYMCO Street Sweeper through the H -GAC p g Cooperative Purchasing Program in the Amount of $145,406. Resolution No. 2007 -001 C.0 PUBLIC HEARINGS C.1 ZC 2006 -05 Public Hearing and Consideration of a Request From Brad Hard to Y Approve a Zoning Change from "C -1 " Commercial to "RI -PD" Residential Infill - Planned Development (Located in the 8200 Block of Starnes Road - being ot 11 A Block 6 g , Crestwood Estates Addition - 3.63 acres). - Ordinance No. 2914 Public Hearing g Continued from the December 11, 2006 Council Meeting) C.2 ZC 2006 -15 Public Hearing and Consideration of a Request from John Dancer to Approve a Zoning Change from "C -1 " Commercial to "RI -PD" Residential Infill - Planned Development (Located in the 8400 Block of Hightower Drive. - 4.702 acres ) - Ordinance No. 2917 C.3 RP 2006 -15 Public Hearing and Consideration of a Request from Mark Comis to Approve a Residential Replat of Tracts 1 & 2, Block A, Hewitt Heights Addition to Lots 1 -4, Block 1, Hewitt Heights Addition (Located in the 7600 Block of Frankie B Street - 0.997 acres). 0 • D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2007 -001 Approve Public Right -Of -Way Use Agreement (Natural Gas Pi eline . p Crossing) with the Harding Company for a Gas Pipeline between the Graham Ranch Gas Well Site and the Exxon Mobil Pipeline (southwest of Chapman Road and Rufe Snow Drive). - Resolution No. 2007 -002 F.0 GENERAL ITEMS F.1 GN 2007 -002 Sell 47 Shares of RoomStore, Inc. Common Stock That Was Issued to the City For Past Due Utility Bills, Pursuant to Reorganization of Compan Y Y b the U.S. Bankruptcy Court F.2 GN 2007 -003 Appointment to Library Board - Place 1 F.3 INFORMATION AND REPORTS - Councilman Sapp • F.4 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 HMIs, Texas in compliance with Chapter 551, Texas Government Code on January 5, 2007 at Abo i f Ass sta t City Secretary This facility is wheelchair accessible and accessible parkin g spaces aces are available. Requests for accommodations or interpretive services must be made 48 hours prior to . p 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 Work Session Meeting Agenda North Richland Hills City Hall Pre - Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 8, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007 -001 Discuss Rescheduling the March 12, 2.007 City Council Meetina (5 Minutes A.3 IR 2007 -002 Public Works Design Manual - Proposed Changes (30 Minutes] A.4 IR 2007 -003 Update on the Sounds of Spring Concert Series and Companies In Action (formerly Corporate Challenge) (15 Minutes) A.5 IR 2007 -005 Discuss 2007 Federal Legislative Positions (5 Minutes A.6 IR 2007 -006 2006 Year in Review Video (5 Minutes] • A.7 Adjournment r � u 0 CITY OF • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -001 0 0 Date: January 8, 2007 /4� Subject: Discuss Rescheduling the March 12, 2007 City Council Meeting Several City Council members will not be in the City, for the March 13, 2007 City Council meeting. Possible dates that the meeting can be rescheduled to are Monday, March 5 or Monday, March 19. If the meeting is rescheduled to March 5, the Planning and Zoning items that would normally be considered at the first meeting of the month will need to be delayed to the last meeting in March. If the meeting is rescheduled to March 19, there will be adequate time for Staff to prepare the Planning and Zoning items for the March 19 meeting. Staff's recommendation is to reschedule the meeting to March 19. This item has been placed on the Work Session agenda for Council to reach a consensus on a date for the rescheduled March 12 meeting. Respectfully Submitted, Patricia Hutson City Secretary ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �� • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-002 T - Date: January 8, 2007 i Subject: Public Works Design Manual - es Proposed Changes g The Public Works Design Manual is the document that specifies the design and construction standards for new City infrastructure. The last update to the Design Manual was February 13, 1995 by Resolution No. 95 -11. Several changes have taken place during the past 11 years that now warrant the Design Manual to be updated. Some of the recommended changes are a result of changes in federal and state laws that deal with how the City must handle storm water runoff. The current Design Manual does not represent these changes. In addition, staff has discovered some areas where the existing City criteria is deficient and needs to be revised. However, many of the changes that are being recommended simply involve putting into writing policies that the City already require or expanding the description of the criteria so it is clearer to the developers and their engineers. Staff has started the process of updating the Design Manual. In mid December staff mailed copies of the proposed changes to local developers and engineers for their review and comments. The developers and engineers were also invited to attend an open meeting with the Planning & Zoning Commission (P &Z) on January 4, 2007 to offer comments and /or suggestions. On December 21, 2006 an overview of the proposed changes was presented to P &Z. During the January 4, 2007 P &Z Meeting staff will be available to address any comments from the development community as well as comments from any P &Z members. The purpose of the January 8, 2007 Work Session is to provide Council an overview of the proposed revisions to the Design Manual and update Council on any comments that staff has received from P &Z or the developers and engineers. Staff is anticipating at least one and possibly two more work sessions with Council before its approval. As mentioned above, the January 8, 2007 Work Session will just be an overview of the changes. A hard copy of the design manual showing the proposed changes will be distributed during the work session for Council's review. Respectfully submitted, Mike Curtis, P.E. Public Works Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �� I* • INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007-003 •�7 •t3 n t. Date: January 8, 2007 a, Subject: Update on the Sounds of Spring Concert Series es and Companies In Action (formerly Corporate Challenge) Sounds of Sprin-q Concert Series The Sounds of Spring (formerly Lotta Night Music) will present its eighth season this spring. The concert series has enjoyed several successful seasons at Green Valley Community Park with a variety of music genres. Last year, adjustments were made to give the series a creative infusion. Along with the new name, a new logo was developed; an attractive and informative web page was unveiled; and to distinguish it from other concerts, the series featured critically acclaimed Texas bands and added opening acts to provide opportunities for up and coming musicians. While the series has enjoyed good attendance, the venue at Green Valley Community Park has its limitations. The park is located in a residential area and is not as convenient as if it were located off a major thoroughfare. Since the park is not visible from Davis Boulevard the majority of the attendance comes from surrounding neighborhoods and those familiar with the park. With this in mind staff began considering new locations for the concerts last summer and is recommending a venue change to NRH2O. The new location will provide great visibility and access from Boulevard 26 and provide dual marketing opportunities for NRH2O and the Sounds of Spring. This site is more conveniently located, regionally known and is also accessible from the North Electric Trail and Walker's Creek Trail for those residents that prefer to walk or ride their bike to the concerts. The concerts will be held in the open space west of the park. The addition of the two pavilions at NRH2O will provide shaded seating and views 'of the stage. Food service will be available from NRH20 with a possibility of wait service for those sitting under the pavilions. Staff is evaluating efficiencies of the wait service and will determine the viability of providing that type of service. The preliminary menu includes hamburgers, hot -dogs, cheese fries, nachos and other finger foods like fried mushrooms, zucchini and poppers. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �� The Sounds of Spring will kick off on Friday, April 6th with the last concert scheduled for Friday, May 11 th. A notable difference this year in the schedule is that the concerts will be scheduled for six consecutive Fridays instead of every other Friday as not to interfere with NRH2O's exclusive events or regular operating schedule. Openin g acts will begin at 7:00 p.m. with headliner bands immediately following. All the bands that have been tentatively booked are in the top charts of Texas music with a blend of singer /song writers, folk, bluegrass and alternative country. The lineup includes the types of music the audience responded to favorably in the 2006 season. While the selection of music may be a departure from the first six years we believe that we have an opportunity to be dramatically different from any other concert series in North Texas. The City of North Richland Hills has a reputation for leading the way in all facets of government and the concert series supports the city's vision of innovation and quality. The series is already getting enthusiastic response from the Texas music industry and has an opportunity to become a critically acclaimed regional event. Texas artists like Nora Jones, Lucinda Williams and Willie Nelson have endorsed the series because of our focus on Texas singer songwriters and bands. The new location at NRH2O will provide instant name recognition for the venue and will also benefit NRH20 with the dozens of radio spots for the concerts. Sponsors support the venue change because NRH2O is a "brand" name and association with NRH2O provides a marketing boost. • While staff is optimistic about the venue change and the focus on Texas artists we are also cautious in our expectation of large crowds until the series becomes well known. Staff will evaluate the series at the end of the 2007 season and make adjustments as needed. Companies In Action (formerly Corporate Challenge) Corporate Challenge was created in 1992 as a competitive Olympic style event for businesses eases and corporations. The event averaged 12 different sports each year all in the spirit of teamwork, cooperation, health, wellness and friendly competition. Each company had a representative that served on the Corporate Challenge Committee for event planning and organization. While the event enjoyed success the first 10 Y ears, interest declined shortly thereafter and revisions were made to try and generate new interest and enthusiasm. The 2005 event registered the fewest amount of teams in the history of the event and several teams forfeited events for lack of participation. Understanding the potential value of the event to our business community, staff from the parks and recreation department, economic development and representatives from p ast participating companies converged to redesign the event with added flexibility for participation while focusing on the benefits of teamwork, competition, community building and wellness. The brainstorming sessions resulted in a new event, Companies In Action which will feature six events over a nine month period beginning in February with Dodgeball and ending in October with Golf. The new format eases the time commitment and allows company employees, spouses and board members the opportunity to participate. Each company may sign up as many teams per sport as interest dictates. Companies will receive recognition for participation and performance with photos, stories and highlights of each event on the City's web site. The attached flyer will provide additional details of the new event. Staff is seeking input from Mayor and Council on the selection of NRH2O as the new venue for the Sounds of Spring Concert Series and any comments or suggestions related to Companies In Action. Respectfully submitted, Vickie Loftice Director of Parks and Recreation 0 0 0 0 0 NRH www.nrhtx.com (S 17) 427-6602 nrhpardC@nrhtx.com 0 0 Companies in Action what is it? A series of events for companies and businesses to compete against one another for awards and bragging rights. There will be six individual events throughout the year, and companies can pick and choose which events they would like to participate. Teams will be comprised of employees and their spouses from competing companies acid businesses If your company has a lot of interest in a specific event, register as many teams as there is a demand for! Why should my company compete? Your employees will enjoy the camaraderie of teamwork. The events open new levels of oommunication between employees and increases morale and fitness. In addition, this new format allows your company to compete in any and all the events it has interest. Regardless of the outcome of each event, companies have an opportunity for recognition based on the number of events that it is involved. 9 0 How do we sign up? Individual registration forms can be downloaded atwww.rAmcom. Call Bob Wagin at B 17.42 7 6600 for more information on rules, fees and registration. What does the community say? '1t encourages activities that challenge our bodies and minds through the spirit -of recreational competition" Joy Thetford College Department Chair 'Competing in athletic events as a company team has aAowed our employees to interact across the departmental and hierarchical lines, and we have a great deal of camaraderie and friendships develop due to this' -Doug Krati Municipal Government Manager Special Recognition How many people do we need for a team? On all events, register as manyteams as there is an interest within your company. Each team entered will pay a registration fee. 0 ►� J INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -005 E , Date: January 8, 2007 j Subject: I R 2007 -005 Discuss 2007 Federal Legislative Positions The purpose of this report is to provide you with the proposed 2007 Federal Legislative Positions for the City of North Richland Hills. A draft of the positions is attached for your review. As in the past, we have used four guiding principles to determine positions on city related issues we expect will come forward during this session of Congress. These guiding principles are: • Local control • Predictable and sufficient level of revenue to provide for our citizens • Opposition to unfunded mandates • Quality of life We expect the highest priorities to be: • Internet Sales Tax • Telecommunications & Information Technology • Community Development Block Grant • Homeland Security • Public Safety & Collective Bargaining • Immigration Reform I look forward to discussing this with you Monday. Respectfully Submitted, Karen Bostic Managing Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �� U 41 0 I I It] i City of North Richland Hills Rio 2007 Federal Leg'islat'ive Pos'it'ions FEDERAL LEGISLATIVE INTRODUCTION The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving 1.) local control, 2.) quality of life, and 3.) municipal revenues (including unfunded mandates). Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: 1. The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint- constituents. 0 r� u TABLE OF CONTENTS GeneralLegislative Policy ........................................................ ..............................4 InternetSales Tax ..................................................................... ..............................5 Telecommunications &Information Technology ........................ ..............................6 Community Development Block Grant ...................................... ..............................7 HomelandSecurity .................................................................... ..............................8 Public Safety &Collective Bargaining ....................................... ..............................9 ImmigrationReform .................................................................... .............................10 Contacts..................................................................................... .............................11 • • GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the City; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. STATEMENT OF SUPPORT Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development; or • improves the economy and creates jobs. u 0 BACKGROUND INTERNET SALES TAX Local governments rely heavily on sales tax revenues to pay for public services. In the City of North Richland Hills sales tax revenues account for almost one - fourth of the City's general fund budget. Sales tax revenues also support the City's Crime Control and Prevention District, and the development of parks and recreation facilities. Unfortunately, two recent trends have gradually eroded the local sales tax base -- migration of commerce activities over to the Internet and difficulty collecting sales tax for remote sales transactions (such as catalogue and Internet purchases). These trends will only continue as the popularity of Internet shopping increases and the Internet sales tax moratorium continues. A reaction to this growing concern was the creation of the Streamlined Sales Tax Project (SSTP). When the project was originally conceived, it was seen as a way for states and cities to capture sales taxes on remote sales. Texas cities were initially supportive of the Streamlined Project because it was designed to affect only interstate remote sales. However, the current SSTP requires states to adopt point -of- destination sourcing for intrastate sales as well as interstate /remote sales. As a result, the State of Texas and Texas cities have not joined the Streamlined Sales Tax Agreement. Changing the sourcing law would be harmful to Texas cities for three reasons. First, it would result in the shifting of revenue from origin cities to destination cities resulting in a sudden loss of sales tax revenue for many local governments (a change to destination sourcing would cost over $150 million annually in sales tax revenue). Second, it is possible many Texas cities will see an overall net loss in sales tax revenues because there would no longer be a city sales taxes collected on goods shipped from incorporated areas to unincorporated areas. Third, the administrative costs of changing to a new system would be extremely high (i.e. - tracking which jurisdiction the sales tax should go to would be costly, inefficient and timely). POSITION • The City of North Richland Hill strongly supports preserving point -of- origin sourcing for intrastate sales and point -of- destination sourcing for interstate sales. • The City opposes any changes to sales tax sourcing laws. • The City supports the application of sales taxes on applicable products and services purchased over the internet. 0 • TELECOMMUNICATIONS &INFORMATION TECHNOLOGY BACKGROUND The existence of affordable and modern communications infrastructure is extremely important. Modern communications infrastructures have increased productivity, spurred economic development, and improved the quality of life. Communications and information technology have become essential to health care, social services, public safety, education and job training, transportation and other lifeline services. However, by law, municipalities must be fairly compensated by the telecommunication and cable industries for the use of public rights -of -way. The underlying principal is that use of publicly -owned rights -of -way is a privilege, not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights -of- way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments must also maintain the rights -of -way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights -of -way, and assures correct placement of service lines. It is important to note that during the 79th Texas Legislative Session, the Texas Legislature passed Senate Bill 5 which created a state -wide cable franchise process and eliminated local cable franchises in Texas. While Senate Bill 5 diminished local control, it included a 5% franchise fee for the use of local rights -of -way, maintained local police powers over rights -of -way, and authorized Public Educational and Governmental (PEG) channels (and continues financial support for PEG channels). During recent Congressional Sessions and, most recently, at the Federal Communications Commission, attempts have been made by the telecommunications and cable industries to erode local control over the public rights -of -way. Specifically, several bills have been introduced that would negatively impact the ability of cities to physically manage their public lands and to receive adequate rental payments on behalf of their citizens. The recently adopted FCC Order regarding cable franchising also has the potential to negatively impact the hard fought compromise that the telecommunications industry and cities achieved in Texas. POSITION • The City of North Richland Hills urges Congress to exempt Texas from any cable /video franchise legislation or FCC Order. The City supports any Congressional proposal or FCC Order that recognizes Texas has adopted a uniform statewide franchising system and does not preempt the Texas law. • The City opposes any legislation that will restrict the ability to manage our rights - of -way or that allows rights -of -way users access without appropriate compensation to the City. • COMMUNITY DEVELOPMENT BLOCK GRANT BACKGROUND Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant (CDBG) is important to the City of North Richland Hills. CDBG successfully mobilizes resources, addresses housing, community development, economic development, and physical infrastructure needs. CDBG has become instrumental in helping older communities within major metropolitan regions address critical issues such as aging infrastructure, housing rehabilitation, and services to senior citizens. After 32 years, this program remains successful and continues to demonstrate a strong federal -local partnership that must be sustained. Over the last two years, North Richland Hills has witnessed a decrease in CDBG funds. The City saw a 5% reduction for Fiscal Year 2005 and approximately 10% less in FY 2006. CDBG funds are vital to the continued success of our neighborhood revitalization initiatives. Last year, proposals were made to eliminate the CDBG program and combine it into the "Strengthening America's Communities" Grant. While CDBG managed to survive, funding for the program was cut significantly. CDBG funds have allowed the City of North Richland Hills to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service (NETS), an on demand transportation service for senior and disabled residents. POSITION • The City of North Richland Hills supports the continuation of this program at current and /or increased levels, as this program has been and will continue to be important in funding revitalization efforts within our community. • The City opposes any budget proposals that seek to combine, eliminate or reduce community development programs that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. (9 0 BACKGROUND HOMELAND SECURITY Since September 11, 2001, North Richland Hills and many other local governments have taken on an even larger roll in providing for homeland security. Local governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitigation and recovery activities. In the devastating wake of Hurricanes Katrina and Rita, the nation witnessed how local governments are the first level of government to respond and are the focal point of natural disasters. Millions of evacuees from New Orleans Parish and the Gulf Coast were left homeless and stranded far from their communities. Local governments across this nation took them in and provided food and shelter. Although funds have been appropriated as grants to first responders, the United States Congress has provided a relatively small level of funding for programs needed for local homeland security priorities. The federal government should provide increased funding directly to local governments for homeland security, emergency and disaster preparedness as well as emergency response to allow first responders the opportunity to efficiently and effectively secure grant dollars. The federal government should also provide more guidance as to the specific roles and responsibilities of federal, state and local governments in responding to natural disasters and threats. POSITION • The City of North Richland Hills urges Congress and the Federal Government to provide more guidance as to specific roles and responsibilities between levels of government when responding to natural disasters and threats. • The City of North Richland Hills supports an increase in direct federal funding to local governments for preparedness and response training, threat assessment, communication systems, public health systems and critical infrastructure protection. 0 • PUBLIC SAFETY &COLLECTIVE BARGAINING BACKGROUND During the 109th Congress federal legislation was proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legislative session similar legislation known as Meet and Confer (House Bill 204 and House Bill 2892) were passed into law. Meet and Confer allows a representative police or fire association in cities with a population of 50,000 or more, to meet and confer on any issues related to their employment. This can only be initiated through a petition of the association with final authorization by the governing body or through a certified election. To pass a similar law at the federal level would simply be a duplication of effort. Furthermore, this type of legislation would negate the labor protection laws of the states, labor agreements of states and municipalities, existing civil service systems and the North Richland Hills Personnel Procedures. The City believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. The City also believes this is an issue best resolved at the state level, not by our federal government. POSITION • North Richland Hills opposes federal legislation which singles out a class of municipal employees to be provided special bargaining rights, and pre -empts investigative and disciplinary procedures that are already in place under civil service systems and the "Meet and Confer" laws of Texas. r� u 0 BACKGROUND IMMIGRATION REFORM The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life. The City of North Richland Hills recognizes that this is a top legislative priority for Congress in 2007. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive and thoughtful manner. In late 2005 House Resolution (H.R.) 4437 passed the House of Representatives which addressed the issue in a piecemeal fashion. The House bill includes several provisions that violate the principals of federalism and places burdensome unfunded federal mandates on local governments. Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the general public. The City of North Richland Hills strongly concurs and also supports, along with the NLC, streamlined and efficient guest worker programs that enable businesses to hire foreign workers in order to meet economic demands. In recent years municipalities have become the main service providers to immigrant families. The federal government should assist local governments to provide healthcare, education and social services to these new workers. POSITION • The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. 0 r 0 CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427 -6000 Fax: (817) 427 -6016 http: / /www.nrhtx.com Larry J. Cunningham City Manager (817) 427 -6007 Email: Icunningham @nrhtx.com Karen Bostic ** Managing Director — Administrative /Fiscal Services (817) 427 -6005 Email: kbostic @nrhtx.com Mayor and City Council Oscar Trevino, Mayor John H. Lewis —Mayor Pro Tern Ken Sapp —Place 2 Suzy Compton —Place 3 Dr. Tim Barth —Place 4 David Whitson —Place 5 Scott Turnage —Place 6 Tim Welch —Place 7 ** Karen Bostic is the primary legislative contact for North Richland Hills 40 0 INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -006 Date: January 8, 2007 Subject: 2006 Year in Review Video The Citicable staff has produced a 2006 Year in Review video that highlights the many accomplishments and events in North Richland Hills during the past year. This program is approximately 5 minutes long. It is currently being broadcast immediately after the Newsline NRH Program at 7 a.m., 8 a.m. and at 5 p.m., 6 p.m. and 10 p.m. The video is also available for viewing on the City's web site. We would like to share the 2006 Year in Review with you by playing it during the Council Work Session. Respectfully Submitted, Mary Edwards ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � CITY OF NORTH RI CHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No.A.7 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, January 8, 2007 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of November 14 -15, 2006 City Council Goals and Vision Setting Work Session B.2 Approval of Minutes of December 11, 2006 City Council Meeting B.3 FP 2006 -14 Consideration of a Request from Dencil S. Long III to Approve a Final Plat of Lot 1, Block 1, Dencil Long III Estates (Located in the 6700 Block of Meadow Road. - 2.838 acres). (Continued from the December 11, 2006 Council Meetin 0 • B.4 FP 2006 -17 Consideration of a Request from Tom Kilpatrick to Approve a Final Plat of Lots 1 & 2, Block 4, W. E. Odell Addition (Located in the 7900 Block of Mickey Street - .4028 acres) and enter into a City Developer agreement. B.5 PAY 2007 -001 Approve Final Payment in the amount of $14,342.51 to Sharrock Electric, Inc. for the Traffic Signal Light Communication System (2003) Project B.6 GN 2007 -001 An Ordinance Amending Article IV of Chapter 14 of the North Richland Hills Code of Ordinances and Designating the Lead Humane Officer as the Local Rabies Control Authority (LRCA) - Ordinance No. 2918 B.7 PU 2007 -001 Award Bid for 2007 -Year Model Vehicles to Graff Chevrolet in the Amount of $236,542 and Huffines Chevrolet in the Amount of $21,517 B.8 PU 2007 -002 Authorize Purchase of New TYMCO Street Sweeper through the H -GAC Cooperative Purchasing Program in the Amount of $145,406., Resolution No. 2007 -001 C.0 PUBLIC HEARINGS C.1 ZC 2006 -05 Public Hearing and Consideration of a Request From Brad Hard Approve a Zoning Change from "C -1" Commercial to "RI -PD" Residential Infill - Planned Development (Located in the 8200 Block of Starnes Road - being Lot 40 11 A, Block 6, Crestwood Estates Addition - 3.63 acres). - Ordinance No. 2914 (Public Hearing Continued from the December 11, 2006 Council Meetinq) C.2 ZC 2006 -15 Public Hearing and Consideration of a Request from John Dancer to Approve a Zoning Change from "C -1" Commercial to "RI -PD" Residential Infill - Planned Development (Located in the 8400 Block of Hightower Drive. - 4.702 acres) - Ordinance No. 2917 C.3 RP 2006 -15 Public Hearing and Consideration of a Request from Mark Comis to Approve a Residential Replat of Tracts 1 & 2, Block A, Hewitt Heights Addition to Lots 1 -4, Block 1, Hewitt Heights Addition (Located in the 7600 Block of Frankie B Street - 0.997 acres). D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2007 -001 Approve Public Right -Of -Way Use Agreement (Natural Gas Pipeline Crossing) with the Harding Company for a Gas Pipeline between the 0 Graham Ranch Gas Well Site and the Exxon Mobil Pipeline (southwest of Chapman Road and Rufe Snow Drive). - Resolution No. 2007 -002 F.0 GENERAL ITEMS F.1 GN 2007 -002 Sell 47 Shares of RoomStore, Inc. Common Stock That Was Issued to the City For Past Due Utility Bills, Pursuant to Reorganization of Company by the U.S. Bankruptcy Court F.2 GN 2007 -003 Appointment to Library Board - Place 1 F.3 INFORMATION AND REPORTS - Councilman Sapp F.4 Adjournment s CITY OF NORTH RI CHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. A.0 Subject: Call to Order - Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. A.1 Subject: Invocation - Councilman Turnage i CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. A.2 Subject: Pledge - Councilman Turnage CITY OF • NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. A.3 Subject: Special Presentation(s) and Recognition(s) • • 0 0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: 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 Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF • NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. A.5 Subject: Removal of Items) from Consent Agenda i CI 0 I* CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. B.0 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 Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. B.1 Subject: Approval of Minutes of November 14 -15, 2006 City Council Goals and Vision Setting Work Session Recommendation: To approve the minutes of the November 14 -15, 2006 City Council Goals and Vision Setting Work Session. Absent: Tim Welch Council, Place 7 The City Council met November 14, 2006 beginning at 9:00 a.m. and concluded on November 15, 2006 for the purpose of reviewing and setting goals and priorities. Mr. Randy Pennington, Pennington Performance Group, was the facilitator for the work session. Mayor Trevino called the work session to order on November 14, 2006 at 9:14 a.m. with Council and Management staff present as recorded. Councilman Tim Welch was not present due to illness. Mr. Pennington gave a brief overview of the planning session and reviewed the agenda and the objectives. The Council established ground rules for the work session. Mr. Pennington discussed behavior styles, how to understand styles of behavior, general characteristics and differences and how to communicate effectively with each other by understanding individual styles of behavior. The Council and staff reviewed their individual behavior profiles. Mayor Trevino recessed the work session at 10:35 a.m. and called the work session back to order at 10:50 a.m. Council reviewed the 2005 Code of Conduct — House Rules established at a previous goals work session and discussed their relevance. Council discussed additional items 0 MINUTES OF THE STRATEGIC VISIONING /GOALS WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT INN ON THE RIVER CONFERENCE CENTER, 205 SW BARNARD, GLEN ROSE, TEXAS — NOVEMBER 14 -15, 2006 Council Present: Oscar Trevino Mayor John Lewis Mayor Pro Tem, Council Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Staff Present: Larry J. Cunningham City Manager Richard Torres Assistant City Manager Ogden Bo Bass Assistant City Manager Karen Bostic Managing Director Administrative /Fiscal Services Patricia Hutson City Secretary Richard Abernethy Assistant to City Manager Absent: Tim Welch Council, Place 7 The City Council met November 14, 2006 beginning at 9:00 a.m. and concluded on November 15, 2006 for the purpose of reviewing and setting goals and priorities. Mr. Randy Pennington, Pennington Performance Group, was the facilitator for the work session. Mayor Trevino called the work session to order on November 14, 2006 at 9:14 a.m. with Council and Management staff present as recorded. Councilman Tim Welch was not present due to illness. Mr. Pennington gave a brief overview of the planning session and reviewed the agenda and the objectives. The Council established ground rules for the work session. Mr. Pennington discussed behavior styles, how to understand styles of behavior, general characteristics and differences and how to communicate effectively with each other by understanding individual styles of behavior. The Council and staff reviewed their individual behavior profiles. Mayor Trevino recessed the work session at 10:35 a.m. and called the work session back to order at 10:50 a.m. Council reviewed the 2005 Code of Conduct — House Rules established at a previous goals work session and discussed their relevance. Council discussed additional items 0 • for possible inclusion in the House Rules and Governance Process Actions. Council discussed adding actions and rules to ensure better communication and representation with citizens and how to improve response to email requests from citizens /individuals. The consensus of the Council was to update the House Rules and Action Items by including the following: • When communicating with citizens Use technology and focus groups to ensure communication and representation with citizens Ask everyone rather than a special limited group • When responding to email requests from individuals and citizens Be cautious when responding to emails Only respond to the sender Send a generic response and ask for a mailing address; refer to staff (City Manager's Office) for background information Mr. Pennington provided to Council and Staff their individual attitude profile report and briefly highlighted the six core values or ways of valuing life and how each individual's values strengthen the work environment. Because of time restraints, Council agreed they would continue discussion on values if time allowed later. Mayor Trevino recessed the work session at 12:10 p.m. • Mayor Trevino called the work session back to order at 1:05 p.m. and welcomed the Directors to the work session. Council Present: Oscar Trevino Mayor John Lewis Mayor Pro Tem, Council Place 1 Ken Sapp Council, Place 2 Suzy Compton Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Absent Tim Welch Council, Place 7 Staff Present: Larry J. Cunningham City Manager Richard Torres Assistant City Manager Ogden Bo Bass Assistant City Manager Karen Bostic Managing Director Administrative /Fiscal Services Patricia Hutson City Secretary Richard Abernethy Assistant to City Manager Steve Brown Library Director Vickie Loftice Parks and Recreation Director Mike Curtis Public Works Director Debbie Durko Court Administrator Patrick Hillis Human Resources Director 0 Andy Jones Larry Koonce Mary Edwards Dave Pendley Eric Wilhite John Pitstick Thomas Powell Jimmy Perdue Kyle Spooner Jo Ann Stout Drew Corn Fire Chief Finance Director Public Information Officer Building Official Chief Planner Director of Planning & Development Support Services, Director Police Chief Information Services Director Neighborhood Services Director Budget Director Mr. Pennington reviewed the morning session, the ground rules and inquired if Staff had any additional input to the rules. Mr. Pennington led the group in a discussion on the City's mission. The group discussed that the city's mission is to: • Serve citizens efficiently and effectively • Ensure future viability of the community • Protect public's health, safety and welfare • Enhance quality of life • Maintain financial stability • Environmental sensitivity • Wise stewardship of all City resources • Provide regional vision and leadership • Accomplish shared goals through collective effort. The group worked on developing a mission statement for the City. The Council agreed to the following mission statement for the City — To ensure an exceptional quality of life and long -term viability of North Richland Hills through local leadership and regional cooperation. Mayor Trevino recessed the work session at 2:15 p.m. and called the work session back to order at 2:25 p.m. The group discussed how they would like the community to look, feel and act in the year 2020, the gaps and barriers to reaching their vision and what types of economic development they would like to see in the City. Mayor Trevino recessed the work session at 3:35 p.m. and called the work session back to order at 3:50 p.m. Council continued discussing their vision for the City and agreed to the following vision statement: City of North Richland Hills Vision 2020 The City of Choice to live, work and play Council also agreed to the following vision for 2020 A community for . • Family Living and Leisure Activities • Business and Job Opportunities • Quality Neighborhoods (sustainable and upgraded) Council was asked to review the goals for 2010 and determine if the goals were still relevant or needed to be changed. The Council agreed to the relevance of the goals and established two additional goals — 1) Targeted Economic Development; 2) Local and Regional Leadership. The objectives for each of the goals were reviewed and additions and deletions were made to the objectives. The following objectives were established for each of the goals: Goal: Quality Community Development and Revitalization Objectives: • Complete build out strategy • Expedite redevelopment of Calloway Creek area • Implement Loop 820 study objectives • Implement Boulevard 26 strategies • Revitalize residential neighborhoods • Create rail station development land use plan • Ensure compliance with quality housing standards . Goal: Efficient, Effective Transportation System Objectives: • Maintain leadership role on Regional Transportation Council • Continue to address congestion and street condition as it relates to traffic flow • Maintain lead on regional rail issues • Develop plan and funding for local rail stations Goal: Safety and Security Objectives: • Maintain low response time • Maintain low crime rate • Provide state -of -art public safety communications • Provide effective and efficient police, fire, EMS • Engage community in public safety programs and initiatives • Improve property protection classification • Improve City's ability to respond to all large scale emergencies It was also agreed that one of the actions should be to maintain NIMS compliance. Goal: Financial Stability 4) Objectives: • Continue pay -as- you -go where possible • Stable tax rate and predictable income stream • Maintain AA Bond Rating • Update long -range financial plan annually • Maintain cash reserves policies • Maximize grant funding Goal: Preserve Positive City Image Objectives: • Enhance public information initiatives • Encourage increase communication flow with citizens • Maintain quality public facilities • Focus on and recognize city successes • Expand usage of user friendly technology • Promote and initiate environmentally responsible programs • Enhance Public Art Program Mayor Trevino recessed the work session for the evening at 5:08 p.m. and called the work session back to order on November 15, 2006 at 8:00 a.m. with Council, GoManagement Staff and Directors present as recorded the previous day. Council continued from the previous evening their review of the objectives for each of the goals. The following objectives were established for the remainder of the goals: Goal: Quality of Life Council decided during the discussion of the objectives for this goal to change the goal to Sense of Community. Goal: Sense of Community Objectives: • Complete, implement trails plan • Provide parks and recreational program at current high level • Encourage volunteerism and community wide involvement • Maintain cultural arts program • Promote life long learning through library services Council was supportive of an action item to develop a citizens academy program. Goal: Targeted Economic Development Objectives: C, • Define types of business we want to attract to our community /market study • Diversity in economic development • Maximize use of existing real estate and locations • Communicate where we are going on economic development Mayor Trevino recessed the work session at 9:22 a.m. and called the work session back to order at 9:45 a.m. Council continued establishing objectives for the goals. Goal: Local and Regional Leadership Objectives: • Being involved on committees setting direction for region • Build relationships that influence decisions in areas where we have an interest • Be proactive as leaders that influence the direction of key issues • Lead by example; do it better • Maintain leadership role on legislative issues • Lend support on issues that do not impact us The Council set city -wide priorities for 2006 -2007 by ranking the priorities discussed to establish highest priority, high priority and medium priority. Results of the rankings were: Highest Priorities: Maintain regional leadership on transportation issues Implement Blvd 26 strategies Redevelopment of Calloway Creek area Define types of businesses we want to attract to our community Maximize available space for current facilities Maintain stable and predictable income stream Quality public facilities Enhance Park and Recreation programs at current high level Revitalize residential neighborhoods High Priorities: Communication flow with citizens Rail station development Loop 820 study objectives Being involved on other regional issues Environmental programs Build out plan Ability to respond to large emergencies Complete Trails Plan Medium Priority: is Update Comprehensive Land Use Plan 0 Councilman Whitson suggested adding an agenda item at the end of each council meeting that would spotlight city activities. After discussion, Council agreed to schedule NRH UpClose. to run at the conclusion of each council meeting to inform the citizens of citizen activities. Council agreed that staff will develop an action plan for the objectives. Action items Council recommended to Staff for inclusion were: Add lights and additional parking at the dog park; look at neighborhood speed limits; examine relocating Night of Holiday Magic to enable expanding the event; tie Concert in the Park to NRH20; communicate tree ordinance to citizens. Mayor Trevino recessed the work session at 12:00 p.m. and called the work session back to order at 12:50 p.m. Mr. Pennington discussed with Council how they would like to define success for the coming year. Council identified as criteria for success - • a visible, tangible progress is made toward meeting the objectives • more refined steps or direction; timelines • citizen comments and surveys • adoption of plans — RFP for rail architect. • Council was advised that Staff would like to hear Council's ideas about the following areas: Boulevard 26 Redevelopment Direction on moving forward with Calloway Creek area Quality community development Effective, efficient transportation Targeted economic development Council agreed that Staff would formulate action steps for the objectives for the coming year. The Council and Management Staff briefly discussed their value profiles. Mayor Trevino adjourned the work session on November 15, 2006 at 1:50 p.m. APPROVED: Oscar Trevino - Mayor ATTEST: • Patricia Hutson -City Secretary CITY OF is NORTH RI CHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. B.2 Subject: Approval of Minutes of December 11, 2006 City Council Meeting Recommendation: To approve the minutes of the December 11, 2006 City Council meeting. i 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 — DECEMBER 11, 2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11 th day of December, 2006 at 6:00 p.m. in the Pre - Council Room prior to the 7:00 p.m. 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 Drew Corn Thomas Powell Jimmy Perdue Andy Jones Eric Wilhite Dave Pendley Vickie Loftice Kyle Spooner Call to Order Mayor Mayor Pro Tem, 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 Budget Director Support Services Director Police Chief Fire Chief Chief Planner Building Official Parks and Recreation Director Information Services Director Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meeting 10 Mayor Trevino advised that Council had been provided with an addendum to the November 13 minutes. Agenda Item C.2, page 8 had been revised to include comments and concerns the Council had with the request and the case setting a precedence for future homebuilders. A.2 IR 2006 -129 Presentation of Proposed Siqn Ordinance Revisions by Council Focus Group Scott Turnage, Councilman and Chairman of the Focus Group, presented a PowerPoint presentation highlighting proposed changes to the Sign Ordinance. Mayor Trevino appointed a Focus Group comprised of Councilman Turnage, Councilwoman Compton, and Kathy Luppy, Beautification Committee Chair, to review the existing sign ordinance and recommend necessary changes. The Focus Group's primary objectives in reviewing updates to the sign ordinance was to allow for proper and effective identification of local businesses, enhance traffic safety, conform to state and federal laws, encourage the efficient enforcement and removal of illegal and obsolete signs and promote an attractive community. The committee also met with representatives from eight businesses in the community to review with the businesses the sign ordinance and receive their input. Councilman Turnage highlighted the recommended changes to the ordinance. Councilman Whitson advised he had been approached by several churches inquiring if consideration had been given to allowing electronic signs that would allow them to promote different events throughout the year. Councilman Turnage advised that it would only be allowed in the Freeway Overlay Zone. A.3 IR 2006 -130 Information on Upcoming Agreements regarding the Use of Public Right -of -Way for Gas Pipelines Greg VanNeiuwenhuize, Assistant Director of Public Works, presented a PowerPoint presentation informing the Council of upcoming agreements for the construction and maintenance of gas pipelines within the public right -of -way. There is currently one existing gas well site within the City — Graham Ranch site. The Graham Ranch site does not have access to the existing gas trunk mains located within the City and additional pipelines will need to be constructed to connect the site with an existing trunk main. The pipelines will cross both private and public property. Staff is drafting a standardized agreement to enable staff to regulate the location of gas pipelines, regulate the number of gas pipelines constructed within the right -of -way and impose conditions on the owners of the gas pipelines within the public right -of -way. The owners of the gas pipelines will pay City fees for the use of right -of -way and all agreements will be approved by the City Council. Mr. VanNeiuwenhuize highlighted the topics covered by the agreement. Mayor Pro Tern Lewis questioned the route of the pipeline for the Graham Ranch site. Mr. Van Neiuwenhuize advised of two options being considered — one option would be at the rear of commercial properties and the second option would be at an existing drainage easement. Councilman Welch questioned what guarantee the City would have that the gas company would remove the pipeline when it was no 0 0 I* longer being used. Staff advised that they would take a closer look at the removal provisions in the agreement. A.4 IR 2006 -128 Discuss 2007 State Legislative Program Karen Bostic, Managing Director, presented a PowerPoint presentation highlighting the City's legislative priorities during the 80th Texas Legislative Session. As in the past, the City will use four guiding principles to determine positions on City - related issues. The guiding principles are local control, a predictable and sufficient level of revenue to provide for our citizens, opposition to unfunded state mandates, and quality of life. Ms. Bostic highlighted some of the priority issues. Ms. Bostic advised that if Council approves the program on the regular agenda, it will be presented in the coming weeks to the City's legislators. Mayor Trevino reported on his recent contacts and meetings with state legislators. Mayor Trevino also updated the Council on the regional transit initiative. A.5 Adjournment Mayor Trevino announced at 6:31 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order December 11, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Mayor Mayor Pro Tem, Council Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Richard Torres Patricia Hutson Monica Solko George Staples Assistant City Manager City Secretary Assistant City Secretary Attorney A.1 INVOrIATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE FLAG CEREMONY Scout Troop #434 presented the flags and led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Ms. Kathy Luppy, Chairperson of Keep NRH Beautiful and Councilwoman Compton recognized the Holiday Lighting Awards recipients: Charles & Jo Ann Lewis, 3817 Diamond Loch; Kerrie Bourland, 7300 Deville; Paul Paschall, 4809 Fairway Court; David Byczek, 5636 Havana Drive; Vu Cao, 8613 Hudson Street; Stephen P. Randles, 7564 Hightower Drive; Steve Lane, 9204 Hailey Court; Trent Atkinson, 7218 Bursey Road; Mark and Anna Reimer, 8413 Spence Court. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, appeared before the Council and presented a picture of a crumbling wall that she had also presented at previous Council meetings during the year. Mrs. O'Steen advised that the wall was still in the same condition and that nothing had been done. Mrs. O'Steen advised that she still has not seen the Emerald Lakes permit that Mr. Staples says exists and that she has not seen any engineer studies or plans. Mrs. O'Steen remarked that it was the City's drainage ditch and that she had not heard of any plans to reroute the storm waters. Mayor Trevino asked the City Attorney to address why the City has done nothing. Mr. Staples advised that the City has done nothing because it is not the City's problem, and nothing will be done because it is not the City's problem. The City has an easement. It is not the City's drainage ditch; the City did not build it. The facility was properly permitted and expenditure to fix something that is the obligation of private property owners would be both unlawful and outside the authority of the Council. 0 0 Ms. Dee Cassell, 8513 Newman Drive, advised her home was hit by a car early Sunday morning. The car left the scene of the accident, but it was suspected that the car was cutting through the neighborhood. Ms. Cassell advised of cut through traffic her neighborhood was experiencing and expressed safety concerns. Ms. Cassell asked for assistance with the cut - through traffic in Home Town. Mayor Trevino requested Public Works Director Curtis and Police Chief Perdue to work with Ms. Cassell to address her concerns. Mrs. Patti Trainer, 8500 Olmstead Terrace, spoke in support of Ms. Cassell's request. Mrs. Trainer advised that traffic was coming in at the Newman entrance and cutting through to Mid - Cities. Mrs. Trainer advised traffic was drag racing down Winter Park and she and her husband did not feel safe in their master bedroom because of it. Mrs. Trainer asked the Council to consider blocking off the Newman entrance to eliminate the cut through traffic. Mayor Trevino asked Public Works Director Curtis and Police Chief Perdue to see what could be done to address the concerns expressed. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 13, 2006 CITY COUNCIL MEETING B.2 FP 2006 -13 CONSIDERATION OF A REQUEST FROM RANDY SEALE TO APPROVE A FINAL PLAT OF LOTS 1-4, BLOCK 15, WINDCREST ADDITION PHASE II (LOCATED IN THE 7400 BLOCK OF DOUGLAS LANE - 1.234 ACRES) B.3 PAY 2006 -006 APPROVE FINAL PAYMENT IN THE AMOUNT OF $2,041.98 TO SHARROCK ELECTRIC, INC. FOR THE DAVIS BOULEVARD AT SHADYWOOD LANE TRAFFIC SIGNAL INSTALLATION PROJECT COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA TO INCLUDE THE ADDITION TO THE CITY COUNCIL MINUTES BROUGHT TO THE COUNCIL'S ATTENTION DURING THE PRE - COUNCIL MEETING. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC HEARINGS C.1 ZC 2006 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRAD HARDY TO APPROVE A ZONING CHANGE FROM "C -1" COMMERCIAL TO "RI -PD" RESIDENTIAL INFILL - PLANNED DEVELOPMENT (LOCATED IN THE 8200 BLOCK OF STARNES ROAD - BEING LOT 11A, BLOCK 6, CRESTWOOD ESTATES ADDITION - 3.63 ACRES) * * ** *LETTER SUBMITTED TO CONTINUE ITEM TO NEXT COUNCIL MEETING — JANUARY 8, 2007 * * ** CONTINUED TO JANUARY 8, 2007 Mayor Trevino opened the Public Hearing and read the letter submitted by the applicant to continue item to the next council meeting, January 8, 2007. COUNCILMAN SAPP MOVED TO CONTINUE THE ITEM TO THE NEXT COUNCIL MEETING, JANUARY 89 2007. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO CONTINUE CARRIED 7 -0. PLANNING & DEVELOPMENT D.1 FP 2006 -14 CONSIDERATION OF A REQUEST FROM DENCIL S. LONG III TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, DENCIL LONG III ESTATES (LOCATED IN THE 6700 BLOCK OF MEADOW ROAD. - 2.838 ACRES). ** *LETTER SUBMITTED BY APPLICANT TO CONTINUE ITEM TO NEXT COUNCIL MEETING - JANUARY 8, 2007 * ** CONTINUED TO JANUARY 8, 2007 Mayor Trevino read a letter submitted by the applicant requesting the item be continued to the next council meeting, January 8, 2007. MAYOR PRO TEM LEWIS MOVED TO CONTINUE THE ITEM TO THE NEXT COUNCIL MEETING, JANUARY 8, 2007. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO CONTINUE CARRIED 7 -0. PUBLIC WORKS 0 E.1 PU 2006 -061 APPROVE AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND REDFLEX TRAFFIC SYSTEMS, INC. FOR THE RED LIGHT AUTOMATED TRAFFIC SIGNAL ENFORCEMENT SYSTEM - RESOLUTION NO. 2006 -105 APPROVED Jimmy Perdue, Chief of Police, presented the item. Council approved at the November 13 meeting an Automated Signal Enforcement Ordinance. Item before Council is a contract between the City and Red -Flex to install and maintain the equipment and manage the program. The City is joining other area cities via an interlocal agreement with the City of Plano, using Plano's bid for a contractor to install, maintain, and facilitate North Richland Hill's program. Plano's bid was awarded to Red -Flex Traffic Signals. Initial term of the contract is for three years with three additional one year extensions. The agreement calls for an initial installation of four intersection approaches within ninety days. Red -Flex will charge the City $4,870 per approach for their services per month. The City will only be obligated to pay the fixed fee each month and if the amount invoiced exceeds revenue, the City will only pay the revenue and the difference between the invoiced amount and revenue will carry over to the next month as a deficit. The contract provides that any outstanding deficit upon contract expiration will be forfeited by Red -Flex. The North Richland Hills Police Department will review the violations on the videos and the right to issue citations will be the sole responsibility of the North Richland Hills Police Department. The program will be operated at no cost to the City regardless of the number of violations. The two agenda items to follow address the placement of the cameras in TxDOT intersections. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2006 -105. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2006 -040 APPROVE MUNICIPAL MAINTENANCE AGREEMENT (MMA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PLACEMENT OF CAMERAS ON STATE HIGHWAY RIGHT -OF -WAY - RESOLUTION NO. 2006-102 APPROVED Mayor Trevino stated that the next two items (E.2 and E.3) went together and would be presented together but voted on separately. Mike Curtis, Public Works Director presented the items. Because TxDOT controls some of the intersections being considered for red light camera monitoring equipment, the City is required to execute two agreements before TxDOT will allow the installation of red -light camera monitoring equipment at signalized intersections located on state highway right -of -way. The first agreement is a Municipal Maintenance Agreement that outlines the general responsibilities for both parties. The second agreement is an Amendment to the Municipal Maintenance Agreement and identifies the specific TxDOT intersections to be approved for the red light cameras. The agreements are standard TxDOT agreements with TxDOT being responsible for the roadway and the City responsible for the operation and maintenance of the cameras. At this time cameras are not being installed at every TxDOT intersection; however, the City is requesting approval to install at all TxDOT intersections. This will allow the City to install at additional TxDOT intersections in the future without having to resubmit for TxDOT approval. In response to questions from the Council, Mr. Curtis advised that the State office rather than the District office was the approving authority and that staff estimated it would take approximately sixty to ninety days to receive approval. Chief Perdue advised that the focus would be to choose intersections that would reduce accidents. COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION NO. 2006 -102. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.3 PW 2006 -039 APPROVE AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT (MMA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF CAMERA MONITORING SYSTEMS ON STATE HIGHWAY RIGHTS -OF -WAY AND SIGNALIZED INTERSECTIONS - RESOLUTION NO. 2006-104 APPROVED Mike Curtis, Director of Public Works, presented the item along with the previous item. COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION NO. 2006 -104. MAYOR PRO TEM LEWIS SECONDED THE MOTION, MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2006 -113 CONSIDERATION OF AMENDING CHAPTER 106 OF THE GENERAL CODE OF ORDINANCES BY REVISING THE SIGN REGULATIONS - ORDINANCE 9 NO. 2916 0 APPROVED Councilman Turnage presented the item. Councilman Turnage chaired a Focus Group appointed by the Mayor. Other members of the Focus Group were Councilwoman Compton and Kathy Luppy, Chair of the Keep NRH Beautiful Committee. The Focus Group met during the month of October to review and consider changes to the Sign Ordinance. The Group also met with eight local businesses to hear their comments and ideas and review of the sign ordinance. The Focus Group established primary objectives in reviewing the Sign Ordinance and their specific recommended changes were based on their objectives. Councilman Turnage highlighted the recommended changes and responded to questions from the Council. At Councilman Turnage's request, Kathy Luppy commented on the work of the Focus Group. Ms. Janet Golightly, owner of Golightly's Tea and Antiques, and one of the eight businesses that provided input to the Focus Group, was also asked by Councilman Turnage to speak on the recommended changes. Ms. Golightly expressed appreciation to the City for working with the businesses. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE NO. 2916. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. Councilman Whitson left the meeting at 8:09 pm F.2 GN 2006 -110 RENEWAL OF MEDICAL DIRECTOR'S CONTRACT - RESOLUTION NO. 2006-106 APPRC)VFD Andy Jones, Fire Chief, presented the item. Item is to authorize the City Manager to renew the contract with Dr. Roy Ramada as Medical Director for the City of North Richland Hills. The contract will become effective January 1, 2007 and reflects a fee increase over the previous contract. The Fire Department Staff researched base rates for medical direction and found that rates range from 31 cents per capita to more than 40 cents per capita. The new contract fee will equate to approximately 33.8 cents per capita for 2007 and 40.5 cents per capita for 2008. Doctor Yamada provides extensive training in medical protocol for the City's EMS personnel as well as advanced skills training. Doctor Yamada also provides the Fire Department with 24 hour, on line medical direction via cell phone. Councilman Whitson returned to the meeting at 8:11 pm COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION NO. 2006 -106. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 9 0 F.3 GN 2006 -116 APPROVE MANAGEMENT AGREEMENT WITH EVERGREEN ALLIANCE GOLF LIMITED, L.P. FOR SERVICES AT IRON HORSE GOLF COURSE - RESOLUTION NO. 2006-109 APPROVED Richard Torres, Assistant City Manager, presented the item. Staff is recommending awarding to Evergreen Alliance Golf Limited a new management agreement for Iron Horse. The proposed agreement would be for three years with two one year options. Mr. Torres presented highlights of the proposed agreement. The agreement outlines the City's expectations of EAGL in detail. Mayor Trevino asked what the City's plans were to address some of the maintenance issues in the Club House and Caboose. Mr. Torres advised Staff was working on developing cost estimates that address the issues. Preliminary plans are to renovate the restrooms, replace carpet throughout, tile the entranceway, and address kitchen area needs and other miscellaneous maintenance items. The items to be addressed are capital improvements that have not been addressed in the normal operating budget, but will be addressed as capital projects. The City is planning to manage the improvement project similar to the recently completed improvement project at City Hall. 4DIn response to a question from Council, Mr. Koonce explained the difference between net cash flow and excess cash flow. MAYOR PRO TEM LEWIS MOVED TO APPROVE RESOLUTION NO. 2006 -109. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2006 -114 APPROVE 2007 STATE LEGISLATIVE PROGRAM APPROVED Karen Bostic, Managing Director of Administrative /Fiscal Services, presented the item. The City based its 2007 State Legislative Program on four guiding principles — 1) to oppose any legislation that will erode authority to govern local affairs; 2) assurance of a predictable and sufficient level of revenue to provide for our citizens; 3) oppose the imposition of unfunded state mandates; and 4) support any legislation that increases the quality of life for our citizens. Upon approval, staff will present the City's program to its State legislative delegation. COUNCILWOMAN COMPTON MOVED TO APPROVE THE 2007 STATE LEGISLATIVE PROGRAM. COUNCILMAN WHITSON SECONDED THE MOTION. 0 MOTION TO APPROVE CARRIED 7 -0. F.5 GN 2006 -111 AGREEMENT WITH TXDOT FOR 2006 -2007 HOLIDAY D.W.I. ENFORCEMENT GRANT - RESOLUTION NO. 2006-107 APPRC)VFD Jimmy Perdue, Chief of Police, presented the item. TxDOT is funding STEP/WAVE grants as part of a statewide campaign of "Drink, Drive, Go to Jail" and the National Impaired Driving Mobilization Campaign. The grants are designed to provide additional law enforcement officers during the holiday seasons to increase DWU arrests and make roadways safer. TXDOT has notified the Police Department that grant funds have been allocated to reimburse law enforcement officers for overtime hours and mileage costs incurred by the City while conducting additional impaired driving enforcement under the 2007 STEP/WAVE IDM program. North Richland Hills must enter into a grant agreement with TxDOT to receive the grant funds. The City will agree to fund overtime for additional enforcement targeting impaired drivers from December 22, 2006 to January 01, 2007, from March 9, 2007 to March 19, 2007, from June 29, 2007 to July 5, 2007 and from August 17, 2007 to September 3, 2007. The Police Department will seek reimbursement at the conclusion of each time period. The maximum amount of the grant is $16,500. COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION NO. 2006 -107. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.6 GN 2006 -112 ORDINANCE REQUIRING BURGLAR ALARM PERMIT - ORDINANCE NO. 2915 APPROVFD Jimmy Perdue, Chief of Police, presented the item. Staff presented to Council during a previous work session a draft ordinance that would require permits for burglar alarms and assess fees for false alarms in excess of three annually. Staff has incorporated suggested changes from the work session. Section 9 -5(a) was changed from 30 days to 90 days to allow adequate time to capture the data and get the program operational. Section 9 -5(i) was changed to lower the cost of both the permit and the renewal fee. The draft copy had both at $50 while the final proposed ordinance has a graduated scale of fees. Chief Perdue presented highlights of the proposed ordinance and addressed in his presentation questions and concerns previously received. 0 Councilman Sapp commented he felt the majority of alarms are monitored and most intrusion alerts are rectified by the resident and the alarm company. Councilman Sapp commented that most residents feel that the abusers should be discouraged, and questioned that if registering alarms would help, could the Police Department's goal not be accomplished with a one time registration fee rather than an annual permit fee. Chief Perdue addressed Councilman Sapp's comments and advised that the main purpose of the annual permit was to update the alarm company information and to keep the alarm owner's information accurate. Without accurate information, the Police Department spends additional time responding to the call. Councilwoman Compton asked how the City would monitor who has an alarm, who has paid fora permit and how the money collected would be used. Chief Perdue advised it was the intent to contract with a third party vendor to manage the program. Chief Perdue advised the ordinance provides that the money collected would be placed in the General Fund to pay the third party administrator and offset the cost of the program. Councilman Barth questioned if it became apparent that seniors were having several false alarms, could the City work with them. • Chief Perdue advised one of the duties of his department was to assist individuals with specific issues /problems. Chief Perdue advised that his department works with individuals to identify and resolve problems. COUNCILMAN WHITSON MOVED TO APPROVE ORDINANCE NO. 2915. MAYOR PRO TEM LEWIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.7 INFORMATION AND REPORTS Councilman Turnage made the following announcements: City offices will be closed on Monday, December 25, and Monday, January 1, in observance of the Christmas and New Year's Holidays. Trash and recycling will not be collected on the holidays. Collections will be made on the Tuesday after each holiday. The December 25 City Council Meeting has been cancelled. The next meeting is scheduled for January 8 at 7 p.m. Residents can place Christmas trees curbside for recycling on Thursday, January 4. Residents can also drop off Christmas trees for recycling December 26 through January 0 ]-.A 5 at Green Valley Community Park, 7701 Smithfield Road. The recycled trees will be turned into mulch. Mulch will be available for pickup January 6 - 10 at the park. For more information, please call Allied Waste Services at 817 - 332 -7301. Kudos Korner - Sky Thomas, Animal Adoption & Rescue Center. An e-mail was received from a resident commending Sky for her quick response to a call regarding an injured hawk. The resident said Sky answered all of her questions knowledgably, and she was grateful for Sky's concern and care of the bird. F.8 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:14 p.m. ATTEST: Patricia Hutson — City Secretary Oscar Trevino - Mayor 0 I* CITY OF NORTH R/CHLAND HILLS Department: Planning Council Meeting Date: 1 -8 -2007 Presented by: Eric Wilhite Agenda No. B.3 Subject: FP 2006 -14 Consideration of a Request from Dencil S. Long III to Approve a Final Plat of Lot 1, Block 1, Dencil Long III Estates (Located in the 6700 Block of Meadow Road. - 2.838 acres). (Continued from the December 11, 2006 Council Meeting) Case Summary: The applicants, Dencil Long and Nancy Traficanti, are proposing to plat this 2.83 acre tract for development of a single family residence. The applicant requested that this plat be continued at the January 8, 2007 City Council meeting. The applicant originally appealed the city engineer's Rough Proportionality Determination and requested additional time in order to provide the information necessary for their appeal but has since withdrawn the appeal for rough proportionality and would like to proceed with the plat. Please see letter attached. Current Zoning: "R -1 -S" (special single - family residential) Thoroughfare Plan: The site has frontage on Meadow Road, a 2 -lane, undivided, collector street (C2U) with 50 feet right of way. Thirty -five feet of right -of -way is being dedicated by this plat for Meadow Road. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lot proposed by this plat is consistent with the plan. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer originally determined that this subdivision would be responsible for $15,928.00 of improvement cost for the future off- site paving and drainage improvements within the Meadow Road right -of -way. However, as a result of discussions with the City Attorney and only including the addition to the existing house has reduced the rough proportionality impact to $3,105.96. Rough Proportionality Determination: The City Engineer's original determination was that the property owner would be responsible for $15,928.00 for future off -site pavement and drainage improvements within the Meadow Road right -of -way. The property owner had requested an Appeal of Determination of Proportionality pursuant to Section 212.904 for the cost of improvements determined. A copy of the appeal letter from the applicant is attached. As a result of discussions with the City Attorney it has been determined that the rough proportionality impact should only be charged based on the new addition to the existing home. The addition to the house is 19.5% of the house and therefore a new rough proportionality was determined at $3,105.96 which is 19.5% of the original $15,928.00 determination. Please see Public Wo rks I ette r. Vested Rights: The development rights were vested on September 27, 2006. Planning and Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, November 16, 2006 and recommended 6 -0 to approve FP 2006 -14. The Planning & Zoning Commission recommended this case with the city engineer's Determination of Rough Proportionality intact. The City Attorney has determined that this case does not need to be returned to the Planning & Zoning Commission for additional review because Council's granting or denying of the property owner's requests will not alter the details of the plat such as easements or rights -of -way. Staff Recommendation: Approval of FP 2006 -14 with a rough proportionality determination of $3,105.96. Review Schedule: Application: 9/18//06 Final Hearing: 1/8/07 Total Review Time: 12 weeks n u 0 0 Location Map C, N "RH FP 2006 -14 Final Plat Dencil Long III Estates, Lot 1, Block 1 6700 Block of Meadow Rd. Feet Prepared by Planning 9/21 /06 0 125 250 500 750 1,000 -- i ran ie B St -_ -- _ [6 ti �Zf c _ i t �i_-- .- - - -- j t _ \ T ti s — F I 1 Chap. _ _ m an Rd ♦ I I 1 1 I 1 � C _ I I I r I I 711 r } � I N "RH FP 2006 -14 Final Plat Dencil Long III Estates, Lot 1, Block 1 6700 Block of Meadow Rd. Feet Prepared by Planning 9/21 /06 0 125 250 500 750 1,000 • Original Public Works Sign Off Letter k4ftH CITY OF NORTH RICHLAND HILLS MEMO TO: Eric Wilhite, Chief Planner FROM: Caroline Waggoner, P.E., Civil Engineer 63 RE: PP 2006-11 FP 2006 -14 Dencil Long III Estates; Block 1, Lot 1 DATE: November 7, 2006 Public Works has reviewed the Preliminary and Final Plats submitted to this office on November 1, 2006. Prelimina Plat / Final Plat: On November 7, 2006, the Public Works Department determined that the Preliminary and Final Plats for Dencil Long III Estates Addition (PP 2006 -11, FP 2006 -14) dated October 12, 2006 and submitted to this department on November 1, 2006, met the requirements of the Public Works Department in accordance with Chapter 110 of the City Code. Public Infrastructure Construction Plans: The Public Works Department has determined that no public infrastructure construction plans are required for the Dencil Long III Estates Addition; Block 1, Lot 1. Rough_ Proportionality: No on -site water, sanitary sewer, or drainage facilities are needed to serve this lot at this time. However, the developer is responsible for future off -site paving and drainage improvements within the Meadow Road right -of -way. The total cost of said future off -site improvements is $15,928.00. Such amount is roughly proportionate to the proposed Dencil Long III Estates development. 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. Staff has been made aware by the applicant's engineer that the applicant wishes to appeal the above determination. The Public Works staff will be available to meet and further discuss this rough proportionality determination. The developer /engineer /owner may dispute staff's proportionality determination by filing a written appeal of this proportionality determination, along with 15 copies of such appeal, with the City Secretary within 10 days of the date of the Planning and Zoning Commission. The 0 0 Public Works Sign Off Letter —Page 2 Eric Wilhite PP 2006 -11 FP 2006 -14 aencil Long Ill Estates November 7, 2006 Page 2 of 3 appeal shall comply with Section 114 -455: "Rough Proportionality Appeal" (included for your reference) and Section 110 -456: "Appeals Procedure" of the City Code, Sec. 110454. Rough proportionality appeal. (a) An applicant for a preliminary or final plat or for a permit which imposes an exaction requirement as a condition of approval may file an appeal to contest any exaction requirement, other than impact fees, imposed as a condition of approval or in which the failure to comply is grounds for denying the plat application pursuant to the subdivision ordinance. (b) The purpose of a proportionality appeal is to assure that an exaction requirement imposed on a proposed plat or development as a condition of approval does not result in a disproportionate cost burden on the applicant, taking into consideration the nature and extent of the demands created by the proposed subdivision or development on the city's public facilities systems. (Ord. No. 2887, § 1, 6 -12 -2006) Sec. 110 -455. Appeals procedure. (a) An applicant for a preliminary or final plat or an applicant seeking approval for any other permit or zoning for which an exaction requirement is imposed shall file a written appeal with the city secretary within ten days of the date the planning and zoning commission or the city official responsible for issuing the permit takes action applying the exaction requirement. This may include denial of the permit or plat. The applicant shall submit 15 copies of the appeal. (b) A separate appeal form shall be submitted for each exaction requirement for which relief is sought. The city secretary shall forward the appeal to the city council for consideration. (c) The applicant may request postponement of consideration of the applicant's plat application by the city council pending preparation of the study required by subsection (f), in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the city council to decide the appeal. (d) No developer's agreement may be executed by the city until the time for appeal has expired or, if an appeal is filed, until the city council has made a determination with respect to the appeal. (e) The appeal shall state the reasons that application of the exaction requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development on the city's public facilities systems and does not reasonably benefit the proposed subdivision or development. (f) The appellant shall submit to the city's engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: 0 • 1 Public Works Sign Off Letter —Page 3 Eric Wilhite PP 2006 -11 FP 2006 -14 Dencil Long III Estates November 7, 2006 Page 3 of 3 (1) Total capacity of the city's water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed; (2) Total capacity to be supplied to the city's public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development; (3) Comparison of the capacity of the applicable city public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the city's public facilities systems from the entire subdivision or development shall be considered; (4) The amount of any city participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the city's requirements; (5) Comparison of the minimum size and capacity required by city standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and (6) Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the city. (g) The city's engineer shall evaluate the appeal and supporting study and shall make a recommendation to the city council based upon the city's engineer's analysis of the information contained in the study and utilizing the same factors considered by the engineer in making the original proportionality determination. (Ord. No. 2887, § 1, 6 -12 -2006) AJ CLW/pwm2006 -2 9 Cc., Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director is 0 Rough Proportionality Appeal '& Wavier of 30 Day Plat Rule Nancy Trafcanti and Dencil S. Long III 6744 Meadow Rd North Richland Hills Texas RECEIVED NOV ? 7 2006 CITY SECREIARY November 24, 2006 Ref: Appeal of Determination of Proportionality pursuant to Section 212.904 Mayor Trevino and Forth Richland Hills City Counsel Members Your consideration of our appeal concerning the determination of rough proportionality would be appreciated. We purchased the property at 6704 Meadow Rd in February 2006 because of the rural surroundings and only after verifying with the City of North Richland Hills we would be able obtain a permit to build an addition to the existing home as long as the addition was under 50% of the value of the existing home. The handicap accessible addition is to allow us to care for our parents in a quality living environment due to major medical problems. It is difficult to find homes already built meeting these needs. In June of 2006 a city ordinance changed which would require us to re -zone in order to obtain a building permit. As a result of the re- zoning we were informed a preliminary and final plat needed to be submitted to allow the City of North Richland Hills' records to be updated to show the actual location of the city facility connections. We hired an engineer and surveyor to comply with the city's request to submit a preliminary plat (PP2006 -11) and final plat (FP 2006-14). We received only one significant comment to these submittals from the Development Review Committee (DRC), an exaction requirement of determination of rough proportionality for future off -site paving and drainage improvements in the amount of $15,92$.04. Addition Frontage: 216 LF Number of Driveways: 1 Driveway Width: 12 ft Corner Radius: 5 ft Item Unit Qty. Unit Price Assessed Total Curb & Gutter LF 204 $ 15.00 100% $ 31060-00 Residential Driveway SY 15 $ 39.00 100% $ 585.00 Concrete Sidewalk 4' wide SY 91 $ 33.00 100% $ 3,003.00 1Q' Curb Inlet EA 1 1 $ 2 530.00 100% $ 21530.00 33" RCP LF 1 150 1 $ 75.00 60°% $ 6,750.00 Total $ 15,928.00 We are private residents and have no plans to sub divided this tract of land, therefore not impacting the infrastructure of the city. Developers who are in business to make money by developing land are changing the infrastructure of a city by building new structures increasing population, traffic, city facility usage, etc. If we ever decided to subdivide this Page 1 of 2 I* • Rough Proportionality Appeal & Wavier of 30 Day Plat Rule —Page 2 tract of land we would not have any objections to paying this exaction requirement. If we were informed of the city's plans or intent and the impacts of changing the ordinance related to this issue at the time verification with the city was done concerning a permit, we would not have purchased the property. In closing one of our primary objections to the exaction requirement is the fact that at no cost to the City it has a Right -of -Way along the interface of our property and Meadow Rd. it is our belief the city, since it controls this Right -of -Way, should be the bearer of these costs. We will not gain much if any benefit for any future off -site paving and drainage. The control of the Right -of -Way along with the exaction requirement seems very excessive for the city to require of private residents. The entire process has been timely and not only cost us financially which we can not recouped like a true developer but has put a strain on our family. Sincerely, C-71 �.. Nancy Traflai nti As the applicant I would request you to waive the 30 day deadline for approval for this plat. Sincerely, Nancy Tra icanti 6704 Meadow Road North Richland Hills, TX 76180 (817) 656 -4683 home (817) 300 -9596 cell Page 2of2 C, New Rough Proportionality Determination Memo P41kH CITY OF NORTH RICHLAND HILLS MEMO To; Eric Wilhite, Chief Planner FRONT: Gregory Van Nieuwenhuize, P.E., Assistant Public Works Director RE: Appeal of Rough Proportionality Determination Dencil Long I I! Estates: Black 1, Lot 1 (PP 2006 -11 & FP 2006 -14) DAVE: December 29, 2006 Previously, the Public Works Department prepared a Rough Proportionality Y D eterm�nation (URPY) for the Preliminary Plat and the Final Plat of the Dencil Long Ill Estates Addition ( "DLEA ") which was presented to the Planning nd Zoning 9 Commission at their meeting of November 16, 2006. This RPD was made in accordance with the City Code and based on the potential residential use of the jot. Recently, the City Attorney has opined that since this lot currently has an existing residential structure on it and because the only proposed change to this lot will be the construction of an addition onto this existing residential structure, the RPD can be based on the size of the addition relative to the size of the existing residential structure. As the addition is approximately 800 square feet and the existing structure is approximately 4,100 square feet, the potential impact due to this addition can be considered to be 19.5% (800/4100) greater than the existing impact on p ublic infrastructure. Thus, the previously indicated RPD of $15,928 worth of public improvements being necessary to support the DLEA can be multiplied by 19.5% to determine the RPD from the proposed impact due to the addition. This additional impact onto p ublic infrastructure from only the addition would be $3,105.95 ($151928 X 0.195). This revised Public Works Department RPD is based on bringing the current p ublic infrastructure "inadequacies" up to minimum standards for a residential development when considering the impact of the proposed addition relative to the existing structure. Therefore, the DLEA is responsible for public improvements in the amount of $3,105.98. r 'Greg c' V n Nieuwe uize, P. E. Assistant Director of Public Works 0 New Rough Proportionality Determination Memo —Page 2 Eric Wilhite Appeal of Rough Proportionality Determination Dencil Long III Estates: Block 1, Lot 1 PP 2006 -11 & FP 2006 -14 December 29, 2006 Page 2 of 2 cc: Nancy Traficantl and Dencil S. Long, III 6704 Meadow Road North Richland Hills, TX 76180 Mark Long, P.E. (via fax: 817.281.4934) 0 r� Withdrawal of RPD Appeal via Email from Applicant From: Long, Dencil [maiIto:DLONG@anpower.com] Sent: Tuesday, January 02, 2007 11:40 AM To: Gregory Van Nieuwenhuize Cc: nancyt0502 @yahoo.com; Traficanti, Nancy M [BUS] Subject: RE: Dencil Long III Estates Addition: Revised RPD Memo Good morning Greg, Thank you for sending me the revised RPD for our residential property on 6704 Meadow Road Please understand our previous disagreement stand point with the RPD as we are a "Private Residence" and not a "Developer of a Subdivision" nor do we plan to subdivide our property in the future. But with saying that, your revised RPD is acceptable to Nancy and myself as we need to get this process behind us as soon as possible. Please advise as to the next steps in this process. Thank you for your hard work in finding an acceptable resolution to this issue. Regards, Dencil Long is 0 0 Excerpt from November 16, 2006 Planning &Zoning Commission Minutes FP 2006 -14 CONSIDERATION OF A REQUEST FROM DENCIL S. LONG III TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 1, DENCIL LONG III ESTATES (LOCATED IN THE 6700 BLOCK OF MEADOW RD. — 2.838 ACRES). APPROVFn The applicants, Dencil Long and Nancy Traficanti, are requesting approval of the final plat of this 2.83 acre tract for development of a single family residence in order to accommodate their aging parents. The current ordinance for development will not allow an addition to any residence located on a property that has not been platted. The site is currently zoned "R -1 -S" (special single - family residential). Staff recommends approval of FP 2006 -14. Eric Wilhite wanted to note on the case that the applicant would like staff to mention the rough proportionality determination of $15,928 as determined by the city's engineer. The applicant will speak about this but I believe they are going to request an appeal process that will go to City Council appealing that rough proportionality. Greg Van Nieuwenhuize said that on this property rough proportionality determination was for gutter, residential driveway approach, sidewalk and some drainage. As you are probably aware, Meadow Road right now is what we consider an unimproved street, it has no curb and gutter or ditches. Therefore in order to just meet the minimums, the amount that is needed to bring the property up to our minimum standards is the $15,928. It is my understanding that the property owner would like to appeal that. I have talked to the property owner and believe she understands the appeal process. I am sure she is not happy about the process but she does have the ability to appeal. As it stands right now that is what the city believes is the exaction for that property. The applicant has 10 days to appeal from approval of her plat. We have given the applicant the requirements for appeal. It is ultimately up to the City Council to determine whether the $15928 is appropriate for the property or not. The applicant has some circumstances which she feels are extenuating. Mike Benton, seconded by Brenda Cole, motioned to approve FP 2006 -14. The motion carried unanimously (6 -0). Randy Shiflett was absent. 0 0 0 0 Final Plat Exhibit sa s u too cso lcufr 1" 50' 4 r 9 i t 3� - - 4 LOT 1 - BLOCK tt ♦elf h0 5 1 l /t1 1[R!� i ti e t A i c•a: c 0 10 J ,1 ;T��t Letter from Nancy Traficanti Requesting Continuance of Item to 1/8/2007 December �, ?006 Dencil Long III Estates Final Plat I am requesting action on the final plat for 6704 Nteatdow Rd (Dencil Long III Estates) by the City Council currently scheduled for December 11, 2006 be postponed until the City f Council meeting on January 8, 2007. If you have any questions please feel free to contact I me. Sincerely Nancy Tra anti Cell 817 300 9596 Home 817 656 4683 0 0 in Department: Planning Presented by: Eric Wilhite CITY OF NORTH R/CHLAND HILLS Council Meeting Date: 1 -8 -2007 Agenda No. B.4 Subject: FP 2006 -17 Consideration of a Request from Tom Kilpatrick to Approve a Final Plat of Lots 1 & 2, Block 4, W. E. Odell Addition (Located in the 7900 Block of Mickey Street - .4028 acres) and enter into a City Developer agreement. Case Summary: The applicant, Tom Kilpatrick, is proposing to plat this 0.40 acre tract into 2 residential lots for development. This property has never been platted and therefore a public hearing for a residential replat will not be required. Mr. Kilpatrick has an abandoned house on the property that will span the new lot line following approval of this plat. The City Attorney has said that removing the house cannot be a stipulation of this plat. However, Mr. Kilpatrick will not be able to receive any permits or develop this site without removing the abandoned house and conforming to all our regulations. Current Zoning: "R -3" (single - family residential). A zoning board of adjustment variance was granted on October 26, 2006 to reduce the required minimum lot widths to 58 feet from the required 70 feet in "R -3" zoning. The primary reason this variance was granted by the ZBA is that most of the surrounding neighborhood has 60 foot wide lots. Thoroughfare Plan: The site has frontage on Mickey Street, a 2 -lane, undivided street with 30 feet Right Of Way (ROW). Comprehensive Plan: The Comprehensive Plan depicts low density residential uses. The proposed plat is consistent with the Plan. Staff Review /Rough Proportionality: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that this subdivision will be responsible for paving improvements within the Mickey Street right -of -way. The total cost of these future paving improvements is $3,889.33. The applicant has elected to enter into a City Developer Agreement for this amount which will allow the developer to delay payment until such time as the City constructs these paving improvements. Planning & Zoning Recommendation: The Planning and Zoning Commission will be meeting on this final plat on January 4, 2006. Staff will provide P &Z minutes and recommendations at the City Council meeting on January 8, 2006. Staff Recommendation: Approval of FP 2006 -17 and authorize the City Manager to execute developer agreement. Daniel Dr T Location Map Odell St "ItH FP 2006-17 Final Plat W.E. Odell Addition, Lots 1 & 2, Block 4 7900 Block of Mickey Street Feet Prepared by Planning 11/15/06 0 65 130 260 390 520 Im C� 1-1 I �J Public Works Sign Off Letter k4lkH CITY OF NORTH RICHLAND HILLS MEMO TO: Eric Wilhite, Chief Planner FROM: Gregory Van Nieuwenhuize, P.E., Assistant Public Works Director RE: FP 2000 -17 W.E. Odell Addition (formerly the Mickey Addition) Block 4, Lots 1 & 2 DATE: December 27, 2000 Final Plat On December 27, 2006, the Public Works Department determined that the Final Plat for the W.E. Odell Addition (formerly the Mickey Addition) Block 4, Lots 'I & 2 (FP 2006 -17) dated December 13, 2006, met the requirements of the Public Works Department in accordance with the Subdivision Ordinance (Chapter 110 of the City Cone). Rough Proportionality The Subdivision will have an impact on the existing public Right -Of -Way ( "ROW "). As such, the developer will be responsible for the dedication of additional ROW, as indicated on the Final Plat, and the following: Public Infrastructure Item Description Q Quantity U Unit C Unit Item Cost Concrete Curb and Gutter 9 92.00 L L.F. $ $ 15.00 $ $1,380.00 Such amount ($ 3,889.33) is roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to either construct the required ROW improvements or assume 100% of the amount ($ 3,889.33) required for such infrastructure improvements. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of forth Richland Hills, licensed by the State of Texas. Public Works Sign Off Letter — Page 2 Eric Wilhite FP 2006 -17 W.E. Odell: Block 4, Lots 1 & 2 December 27. 2006 Page 2 of 2 E�? ------ recd &4a- n e Ae nhuize, P. Assistant Director of Public Works cc: John McKnight, 3624 West Vickery Blvd Fart Worth, TX 76107 Shaun Spooner (via fax @ 817287.2355) CJ 0 Developer Agreement DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this agreement are the City of North Richland Hills (`'City`') and John McKnight ( "Developer''). This agreement is to document the obligation of Developer to pay the cost of municipal infrastructure improvements determined pursuant to §212.904, Texas Local Government Code to be roughly proportionate to the proposed development known or to be known as W.E. Odell Addition, Block 4, Lots 1 -2, North Richland Hills, Tarrant County, Texas, and to document the nature and extent of such improvements to be constructed. wITNESSETH 1. Developer has executed, contemporaneous, with this agreement, a Deed of Trust and provided a title insurance policy to City securing the payment of .8.89_33 to City, payable at or before the completion of construction of the improvements described below. Such payment is the amount determined to be roughly proportionate to the proposed development described above, and shall bear interest at the rate of 8% per annum from a date thirty days after City makes demand on the owner of the property securing such obligation. Developer or the owner of the property securing this obligation shall be entitled to a release of the lien and deed of trust upon payment of the sum due hereunder. 2 . The public in frastnicture improvements to be constructed under this agreement are as follows: 92 LF of Curb and Gutter 41 SY of Concrete Sidewalks 29 SY of Concrete Residential Drive Approach Such sizes, lengths and specifications are minimums; City shall be entitled to the sums specified in 1 above if the construction meets or exceeds such minimum. 3. If the public improvements described in 2 above are not constructed within thirty (30) years of the date of this undertaking, the owners of the land securing this agreement shall be entitled to a release. 0 Developer Agreement — Page 2 Signed this the day of City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 200 CITY OF NORTH RICHLAN'D HILLS By: APPROVED AS TO FORM AND LEGALITY: Larry J. Cunningham, City Manager George A. Staples, Attorney DEVELOPER By: John McKnight ACKNOWLEDGMENT �..,., ►•• .�a�. TRI5!A TORREZ •• C tv, Public STATE OF TEXAS `': Texas [� 0 2007 COUNTY O F TAR RANT �• - • :Y:,^C This instrument was acknowledged before me on this date by -rD kv\ 6 • M �i off' c ez. IL< who acknowledge to me that he executed the same for the u oses P � and consideration, and in the capacity therein expressed, as the act and deed of such municipality. Notary Public is 0 0 0 Plat Exhibit — — _ —' =M, STREET ... —- ' | ^~f^ | ^ ~ k `~ ~.~.~ . ~06 .W01 IM .WU~~_ '~.~14a"%v. Ww TIK%t Lv -ft" '~~~~---0 ON .0 -14 M W�^ -.0 "L%^Tum ro"W~ am ��. .' .��~^.= LOTS 000u~ W. E. ADDITION ^~~.~~~~,~.~~1,1_'~~ ^CR=KET SURVEY. ABSTRACT NO. ^~ =UAT.)��---"5�.^." ~"~'.',10 --`^-~—~ W 1A 2!10 of A&ulsl, 1901 z 7w 66 s • � GARY A- KM VOL 13167. PC. 11816 ZQNLV AG D-R-T-C-T. Detail of Final Plat (IT -& I R.O.W.— MICKEY STREET — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — ------------------ EXISTINC 05* SS - - - - — — — - -------------------------------- -- 1/2- IRS EAST 30• P 0- W_ POINT OF BEGINNING R O,W S&00' 602-70' 1 t 3 00.w, a #::4 LEAST 1U* L;1HLL1 Hl(;Hl Ul' WAY ULUICA11UPS t, . 0 OAG AC. �1.1 6-0 SO. FT.] t;;, IT NEW R,Q,W, IF 1EXAS NA-0 83 STATE PLANE COORDS. N 7057077.9e C1 7077.9 I E 2371036. 8 25' BUILDINC LINE 25* BUILD;NG UNE BLOCK 4 I f)T I It j;r C) LOT 1 10T 2 XV R. VOC-ELSBERC If: T. NO- D205161625 19 0. 113 A C. 1 GO 0.1881 AC, LAJ RLrmr-K 3 D.R.7.C.T. C6,193 SO. FT.' I W. L. UU&- LL A.LoU 11"4 CL VOL 388 -D. PC. 32 P R.T r T ZONED R-3 ZONED R-3 ci L- — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - 58. () 0' 7.3' U. FL. 58 00" — — — — — — — — — --- — — — — — — — — Ado -60' 5' U - %U.UV" 116_[7(7' PROPERTY LINE N 5—!5_8703W TrXA!l NAr� n.i !',TATr P11 ANr- r-MRn!b N lultI9 E, 71710-Z GARY A- KM VOL 13167. PC. 11816 ZQNLV AG D-R-T-C-T. EXCERPT FROM THE MINUTES OF THE WORKSESSION MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS JANUARY 4, 2007 FP 2006 -17 CONSIDERATION OF A REQUEST FROM TOM KILPATRICK TO APPROVE A FINAL PLAT OF LOTS 1 & 2, BLOCK 4, W. E. ODELL ADDITION (LOCATED IN THE 7900 BLOCK OF MICKEY STREET —.4028 ACRES). ...: 01TA : 3 91 Tom. Kilpatrick, applicant, spoke in favor of his request. Right now this is one property that has a house on it. It is an old house that is really strange. It has been added on to. It is like 20 feet wide and almost 80 feet long, I mean it is like 80 feet wide by 20 feet deep. But anyway, it is a strange house and so we are building two houses over here on Lot 20C, Block 3. Right now we are building two houses here and we want to tear this house down and build two here. Chairman Shiflet asked if he is the builder. Mr. Kilpatrick said he is the builder and the agent for John McKnight who owns the property. Mr. Benton asked if he could give the basic bearings on the width of the property. Mr. Kilpatrick said the depth meets the required depth and the width is two feet off and we got the variance for that. Chairman Shiflet asked if the lot is just over 4 /1 0th of an acre. It shows each one of these lots is slightly under 2 /10th of an acre. Is that for the street? Greg Van Nienwenhuize stated yes, in fact, that is what it is. That is the right -of- way location. Eric Wilhite said there is a strip of right -of -way that comes out of there. Chairman Shiflet told Mr. Kilpatrick there may be some questions for later. At this time do the Commission Members have any questions or comments? I was looking at this. I printed off the city's map and this is in keeping with what is taking place along the rest of Mickey. Actually that house you referenced according to the Appraisal District is worth less than half the value of the lot. It was built in 1949. rp 45 Mr. Kilpatrick said yes it looks very strange. It is very wide. It had some value • but not a lot. We have stripped it out so now not very much. Chairman Shiflet asked for any questions or comments. There were none. Chairman Shiflet said at this time he would entertain a motion on FP 2006 -17. Don Bowen, seconded by Mike Benton, motioned to approve a request from Tom Kilpatrick to approve a final plat of Lots 1 & 2, Block 4, W. E. Odell Addition (Located in the 7900 Block of Mickey Street — .4028 Acres). The motion carried unanimously (5 -0). Mr. Cooper was absent. Ms. Cole was absent. Mr. Cooper arrived at this time. Ms. Cole arrived shortly thereafter. 9 0 0 is CITY OF NORTH RI CHLAND HILLS Department: Public Works Council Meeting Date: 1 -8 -2007 Presented by: Mike Curtis Agenda No. B.5 Subject: PAY 2007 -001 Approve Final Payment in the amount of $14,342.51 to Sharrock Electric, Inc. for the Traffic Signal Light Communication System (2003) Project This project consisted of upgrading specific traffic signals to a Spread Spectrum Traffic Signal Communication Svstem. The system is a radio communication system that allows Public Works employees to monitor the operation of a specific traffic signal from the Service Center. Twenty -five (25) signals are located on State highways and 14 are located on City streets. The project included a new signal timing plan intended to decrease delay time for motorists traveling on Davis Boulevard and Boulevard 26. The Traffic Signal Light Communication Project was awarded by Council on April 25, 2005, PW 2005 -005 to Sharrock Electric in the amount of $298,145.25. Final payment to the contract will make his total earnings $286,850.00 which is $11,295.25 under the contract amount. The savings on the project is primarily due to less conduit and cable being used. Recommendation: To approve final payment in the amount of $14,342.51 to Sharrock Electric, Inc. r-0 -I is (Prepared by NRH /PW staff) City of North Richland Hills Traffic Signal System � �im,er-Horn FZHPotential Signal Timing Corridors *,,= ana Ks=w&s, !nc. 0 TxQOT Traffic Signal Lights Grapevine Highway: 1. Rufe Snow Drive 2. Vance Road 3. Glenview Drive 4. Road to the Mall 5. Rodger Line Drive 6. IH 820 7. Strummer Drive 8. Harwood Road 9. Emerald Hills Way 10. TCC /NRH20 11. Walker Blvd. /Cannon Drive DAV 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 4D 22. 23. CI is Boulevard: IH 820 Maplewood Avenue Harwood Road /Lola Drive Emerald Hills Way College Circle Bridge Street Mid Cities Boulevard Main Street Starnes Road /Rumfield Road North Tarrant Parkway Super Target Entrance Precinct Line Road Precinct Line Road: 24. North Tarrant Parkway IH 820: 25. Holiday Lane Clty Trafflc Signal Liubj : 1. Mid Cities Boulevard @ Smithfield Road 2. Mid Cities Boulevard @ Holiday Lane 3. Mid Cities Boulevard Tecnol Boulevard 4. Mid Cities Boulevard ( Horne Depot Entrance 5. Rufe Snow Drive @ Meadow Lakes Drive 6. Glenview Drive @ Rufe Snow Drive 7. Glenview Drive at Vance Road 8. Holiday Lane @ Lola Drive 9. Holiday Lane @ Dick Lewis Drive 10. Holiday Lane @ Trinidad Drive 11. Holiday Lane @ Industrial Park Boulevard 12. Industrial Park Boulevard Q Browning Drive 13. Smithfield Road @ Starnes Road 14. Smithfield Road @ Chapman Road w is 0 CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Jo Ann Stout Council Meeting Date: 1 -8 -2007 Agenda No. B.6 Subject: GN 2007 -001 An Ordinance Amending Article IV of Chapter 14 of the North Richland Hills Code of Ordinances and Designating the Lead Humane Officer as the Local Rabies Control Authority (LRCA) - Ordinance No. 2918 The Texas Health and Safety Code, Chapter 826.017 requires that the governing body of each municipality designate an officer to act as the Local Rabies Control Authority (LRCA). In the past, it does not appear that an officer was ever officially designated as the LRCA. Designating a staff person as our LRCA would expedite the process of dealing with animals that bite or attack individuals, by giving the officer authority granted by State Law to deal with these animals directly. Not having an officer designated as the LRCA could hinder the animal control officer's ability to swiftly deal with potentially rabid animals by requiring them to first obtain a warrant to seize the animal and proceeding with a court hearing for final deposition. The LRCA is given the responsibility to oversee all rabies quarantine methods and testing in accordance with State Law. The LRCA may require an animal which has inflicted multiple bite wounds, punctures, or lacerations to a person to be humanely killed and a suitable specimen submitted for rabies testing without going through the court process. Time is critical when dealing with rabid animals. If the biting animal is a "high risk" animal (i.e. skunks, coyotes, raccoons, foxes and bats), the humane officer will humanely "put- down" the animal and submit a specimen for testing. If the biting animal is a low risk animal (i.e. dogs and cats) that has not severely attacked an individual, they may be kept in quarantine for 10 days and a specimen is not required unless the LRCA has cause to believe that the biting animal is rabid, in which case the animal would be humanely "put- down" and a specimen submitted for testing. In summary, the LRCA has the responsibility of overseeing the rabies quarantine and testing methods as set out in the Texas Health and Safety Code. Designating an officer is a requirement of State Law and staff believes that the Lead Humane Officer is the appropriate person to coordinate and manage our rabies quarantine and testing procedures. Recommendation: Approval of Ordinance No. 2918 designating the NRH Lead Humane Officer as the Local Rabies Control Authority. 0 ORDINANCE NO. 2918 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 14 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND DESIGNATING THE LEAD HUMANE OFFICER AS THE LOCAL RABIES CONTROL AUTHORITY. WHEREAS, Sec. 826.017, Texas Health and Safety Code requires municipalities to designate an officer to be the local rabies control authority of the municipality, which officer may be an animal control officer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Article IV of Chapter 14 of the North Richland Hills Code of Ordinances be amended by adding a new section 14 -104 which shall read as follows: "Sec. 14 -104. Local animal control authority. As required by Section 826.017 Texas Health and Safety Code, the lead humane officer is hereby designated as the local animal control authority." Section 2: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 8th day of January, 2007. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Jo Ann Stout, Director of Neighborhood Services �J s I* I* CITY OF NORTH Rl CHLAND HILLS Department: Support Services Council Meeting Date: 1 -8 -2007 Presented by: Tim Doyle - Larry Koonce Agenda No. B.7 Subject: PU 2007 -001 Award Bid for 2007 -Year Model Vehicles to Graff Chevrolet in the Amount of $236,542 and Huffines Chevrolet in the Amount of $21,517 In the 2006/07 approved budget, Council allocated funds for replacement vehicles for the Police Department, Public Works Streets Division, and the Parks Department. Formal bids were solicited and the results are attached. Prior to writing the bid specifications it was determined a '/2 ton pickup, a3/4 ton pickup, and a 4 -door passenger car budged for replacement could be replaced with a mid -size pickup. A mid -size pickup would better meet the needs of the department, cost less to purchase, and would get better fuel economy than a full size vehicle. The bid specifications were also written in such a way that the City had the option to purchase all vehicles from one vendor or to purchase from various vendors in order to achieve the greatest savings. The attached bid tabulation shows the types and quantities of vehicles bid, and the lowest bidder. Per the attached bid tabulation, Graff Chevrolet submitted the lowest bid on the Impalas, Tahoes, Colorado Pickups, and C2500 Pickups in the amount of $236,542. Huffines submitted the lowest bid on the Express Van in the amount of $21,517. The bids submitted by Graff Chevrolet and Huffines Chevrolet met all the specifications and general conditions of the bid. All bids are within the allocated budget and can be delivered in 30 to 120 days, depending on the model. Recommendation: Approve PU 2007 -001 to award the bid to Graff Chevrolet in the amount of $236,542 and Huffines Chevrolet in the amount of $21,517. CITY OF NORTH RICHLAND HILLS Light Duty Vehicle Bid Tabulation #07 -1340 Bold numbers indicate lowest bid Classic Graff Jerry's Caldwell Count Huffines James Wood VENDOR QTY. Chevrolet Chevrolet Chevrolet Chevrolet Chevrolet Chevrolet 2007 Police Pkg. Impala $249507 $22,405 No Bid $249284 $24,573 Bid Rescinded 3 $73,520 $679215 $0 $72,852 $73,718 2007 Police Pkg. Tahoe $34,623 $32,690 No Bid $34,236 $340828 Bid Rescinded 3 $103,870 $98,070 $0 $102,708 $104,484 2007 Colorado Pickup. $12,275 $11,999 No Bid $12,132 $12,352 Bid Rescinded 3 $36,826 $35,997 $0 $36,396 $37,057 2007 C2500 Pickup $19,767 $17,630 No Bid $18,241 $18,352 Bid Rescinded 2 $39,534 $359260 $0 $36,482 $36,705 2007 Express Van 1 $22,028 $22,530 $22,729 $21,546 $219517 Bid Rescinded Grand Total 12 $275,777 $259,072 $22,729 $269,984 $273,481 Bid Rescinded Estimated Delivery 60 - 150 days 1 90 - 120 days 1 3-days in stock 1 90 - 120 days 30 - 40 days Bold numbers indicate lowest bid CI 9 0 CITY OF NORTH R/ CHLAND HILLS Department: Support Services Council Meeting Date: 1 -8 -2007 Presented by: Tim Doyle - Larry Koonce Agenda No. B.8 Subject: PU 2007 -002 Authorize Purchase of New TYMCO Street Sweeper through the H -GAC Cooperative Purchasing Program in the Amount of $145,406. Resolution No. 2007 -001 As part of the 2006/07 CIP Budget, Council approved the purchase of a new street sweeper to replace a 1997 -year model Elgin Sweeper. The current Elgin sweeper experiences regular maintenance issues due to the design of the sweeper arms and its frequent use. In past years the City has used TYMCO and Elgin brand sweepers. In comparing both sweepers the TYMCO was easier to operate, easier to perform maintenance on, and required less maintenance. The TYMCO is manufactured in Waco, Texas and they offer free monthly mechanic and operator training at their facility at no cost. The Elgin sweeper is manufactured in Illinois and does not have a local training facility. Both previous sweepers were purchased through the Houston - Galveston Area Council (H -GAC) cooperative purchasing program which meets all required State purchasing requirements. The TYMCO sweeper is on the H -GAC bid list and can be purchased for a total cost $145,406. This is within the budget amount of $170,000 and is comparable to the cost of an Elgin sweeper meeting the same specifications. The estimated delivery time for the TYMCO sweeper is 120 days. City Council passed Intent to Reimburse Expenditures with Proceeds of Future Debt - Resolution No. 2006 -096 on October 23, 2006. The street sweeper was included on the list of items to be purchased with certificate of obligation (C.O.) proceeds in the spring of 2007. As in the past, this allows the city to purchase the sweeper with equipment services fund reserves which will be reimbursed with C.O. proceeds at the time of sale. Purchasing the street sweeper through the H -GAC Cooperative Purchasing program requires the City to enter into an interlocal contract with H -GAC. Resolution No. 2007- 001 authorizes the City Manager to enter into an interlocal contract for purchasing of a new TYMCO street sweeper. Recommendation: Approve Resolution No. 2007 -001 MRH RESOLUTION NO. 2007 -001 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City Manager is hereby authorized to execute an interlocal purchasing contract with the Houston - Galveston Area Council for the purchase of a TYMCO street sweeper. PASSED AND APPROVED this the 8th day of January, 2007. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Thomas Powell, Director of Support Services CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS 0 0 0 CITY OF NORTH RICHLAND HILLS Department: Planning Council Meeting Date: 1 -8 -2007 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2006 -05 Public Hearing and Consideration of a Request From Brad Hardy to Approve a Zoning Change from "C -1" Commercial to "RI -PD" Residential Infill - Planned Development (Located in the 8200 Block of Starnes Road - being Lot 11 A, Block 6, Crestwood Estates Addition - 3.63 acres). - Ordinance No. 2914 (Public Hearing Continued from the December 11, 2006 Council Meeting) Case Summary: The applicant, Nisher Inc., represented by Brad Hardy, is requesting approval of a zoning change from "C -1" Commercial to "RI -PD" Residential Infill- Planned Development. The applicant wants to develop as single family residences. The 3.63 acre site is located in the 8200 Block of Starnes Road. Site Plan Requirement: All requests for PD zoning must be accompanied by a site plan detailing the various elements of the proposed development. The applicant has submitted a plan and a narrative that outlines the development guidelines specific to this project. Existing Site Conditions: The site is vacant with some large tree masses on the north and south ends. The site slopes toward the north from the south. The 100 year flood plain encroaches on a portion of the open space being preserved on the northern portion of the development. Thoroughfare Plan: The site has frontage on Starnes Road, a 2 -lane, undivided, collector street with 60 feet Right of Way (ROW). Comprehensive Plan: The Comprehensive Plan depicts public /semi public uses for this area. The proposed density of residential units (5.0 units per acre -net) is slightly higher than traditional "R -2" zoning. Plat Status: The applicant will complete platting after zoning request hearings. Adjacent Zoning / Land Use: North: "C -1" / Commercial East: "C -1" / Commercial South: "R -2" / Single family neighborhood West: "R -2" / Single family neighborhood Land Use Summary: • Total acreage 3.63 acres • Number of lots 18 for residential use, 4 smaller common areas • Gross density 5 units per acre net Minimum Lot Dimensions /Setbacks: • 0 Min. house size 2,000 sq. ft. • Min. lot area 5,076 sq. ft. • Average lot area 5,700 sq. ft. • Avg. lot width Approximately 47 feet • Avg. lot depth Approximately 103 feet • Min. front bldg. setback 10 feet • Min. side setback 5 feet (10 feet minimum between residential structures) • Min. rear setback 15 feet, 20 feet (for garage entry on allies) • All street facing garages side entry • Max. height 38 feet Development amenities: • Established Homeowners Association; • HOA maintained common areas consisting of 4 community open spaces and 2 landscape features /medians, private street; • Common area landscape amenities include preservation of native tree vegetation; • Use of decorative brick pavers; • Use of decorative "Old World" cast iron street light and mail box pedestals; • Sidewalk along the development's street, and open space area; • Use of a 6 feet masonry fence on exterior boundary along commercial zoning as well as along Starnes Road. Housing amenities: • 85% masonry all elevations, using enhanced brick patterns, and rock/stone accent; Wood garage doors; • Minimum 22 feet and 26 feet front setback for front entry garages; All driveways to be brick pavers or stamped concrete; Planning and Zoning Commission Recommendation: The Planning & Zoning Commission recommended 4 -2 to approve on November 16, 2006. City Council continued this public hearing at the December 11, 2006 meeting to January 8, 2006 at the request of the applicant. Staff Recommendation: Approve ZC 2006 -14 and Ordinance No. 2914. The applicant has revised the site plan following the continuation of the public hearing on December 11, 2006 to include side or rear garage on all houses throughout the development. The minimum square footage houses will be 2,000 square feet (amended from 1800). A new articulated masonry fence has been added to the entryway to the development. Review Schedule: Application: 6/27/06 Final Hearing 1/08/07 Total Review Time: 28 weeks C, • ORDINANCE NO. 2914 ZONING CASE ZC 2006 -05 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 3.63 ACRE TRACT OF PROPERTY FROM C -1 (COMMERCIAL) TO RI -PD (RESIDENTIAL INFILL- PLANNED DEVELOPMENT) 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 3.63 acre tract of land located in the 8200 Block of Starnes Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from C -1 (Commercial) to RI -PD (Residential Infill- Planned Development) zoning and approving the site plan thereof. 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. 0 �J r� L-j 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 AND APPROVED this 8th day of January, 2007. CITY OF NORTH RICHLAND HILLS MW ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director 0 EXHIBIT A All that certain tract or parcel of land situated in the W. D. BARNES SURVEY Abstract No. 146, in the City of North Richland Hills, Tarrant County, Texas and containing a portion of Lot 11, Block 6, Crestwood Estates, an Addition to the City of North Richland Hills, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod found for the northeast corner of Lot 1, Block 6, Crestwood Estates, an Addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388 -101, Page 54 -55 and being in the southerly boundary line of a tract of land described in deed to Herman J. Smith recorded in Volume 9158, Page 162 of the Deed Records, Tarrant County, Texas; THENCE South 89 degrees 43 minutes 08 seconds West with southerly boundary line of said Smith tract a distance of 290.09 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set for the northeast corner; THENCE South 00 degrees 22 minutes 53 seconds East, passing a 1/2 inch steel rod with cap stamped "MOAK SURV INC" found at 10.99 feet for the northwest corner of the tract described to Sunbelt -Dix, Inc as recorded in Volume 12347, Page 1780 of said Deed Records, in all a distance of 164.27 to a 1/2 inch steel rod found in the easterly boundary line of said Sunbelt -Dix tract and also being the beginning of a curve to the left; THENCE southeasterly with said easterly boundary line and said curve to the left having a radius of 532.14 feet, a central angle of 32 degrees 28 minutes 01 seconds, an arc length of 301.54 feet and a long chord of South 13 degrees 39 minutes 05 seconds East at 297.52 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" found for the southeast corner of said Lot 11 and being the southwest corner of said Sunbelt -Dix tract, said point being in the northerly right -of -way line of Starnes Road and in a curve to the left; THENCE southwesterly with said northerly right -of -way line and said curve to the left having a radius of 901.65 feet, a central angle of 16 degrees 27 minutes 39 seconds, an arc length of 259.04 feet and a long chord of South 54 degrees 20 minutes 40 seconds West at 258.15 feet to a 5/8 inch steel rod found; THENCE South 46 degrees 06 minutes 50 seconds West continuing with said northerly right -of -way line 15.27 feet to a 1/2 inch steel rod found for the southwest corner of said Lot 11 and the beginning of a curve to the right; THENCE northwesterly with the westerly boundary line of said Lot 11 and with said curve to the right having a radius of 532.14 feet, a central angle of 42 degrees 20 minutes 45 seconds, an arc length of 393.29 feet and a long chord of North 21 degrees 9 17 minutes 32 seconds West, 384.40 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" found for a westerly corner of said Lot 11; THENCE NORTH 00 degrees 14 minutes 11 seconds West continuing with said westerly boundary line, 254.87 feet to the place of beginning and containing 3.672 acres of land more or less as surveyed by Moak Surveyors, Inc in the month of October, 2006. 0 is 0 Excerpt from November 16, 2006 Planning &Zoning Commission Meeting ZC 2006 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM BRAD HARDY TO APPROVE A ZONING CHANGE FROM "C -1" COMMERCIAL TO "RI= PD" RESIDENTIAL INFILL — PLANNED DEVELOPMENT (LOCATED IN THE 8200 BLOCK OF STARNES ROAD. — 3.63 ACRES). APPRC)VFD Mr. Brad Hardy, 6445 Love Dr., Irving, applicant, said this development is Crestwood Place Addition and they have been working on it for a couple years. They have looked at this property since midsummer of two years ago from a lot of different angles and rational with a lot of help from outside consultants. His company has done 54 subdivisions through out the State of Texas in the last 20 years. These have been primarily medium to high density residential communities with over 30 of those being medium density communities. This particular community we are working as consultants and fee based managers. That is what my role is here today -to help the local North Richland Hills owner get this property developed. The property is situated on Starnes west of Davis Boulevard behind a vacant building that was formerly Winn Dixie. Winn Dixie has been closed for several years. We are acquainted with the owner of that property and there are not any plans for it that we are aware of. To provide the best use for our property and to help stabilize the neighborhood we have come up with this plan for the property. It consists of 22 lots, 18 of which are residential. The remainders are reserved for open space for the development. We have divided the open spaces, as we intend to have a structured homeowners association, primarily of the developers and then it will be moved over to the homeowners. They will control the maintenance and the liability relative to the community open space which is at the front two lots and the front entrance and at the rear of the property and then along the private drive which constitutes the main street for the development. We have spent considerable time working with City staff on this project and feel that we have received a lot of good input. We are appreciative. We did not realize it would take as long as it has. The density is about 5 units per acre which for this property is a fairly low density for what we consider an infill where basically the neighborhood to the north, east and south is transitioning to commercial which is where Winn Dixie. Typically, this infill or transitional density can work for residential which we feel is very appropriate in this case because the lots to the west are very similar in structure to those lots even though being on a 2000 updated basis. We are trying to offer as many amenities as we can and keep the properties as affordable as we can. The home cost are relative to the size of the homes. The average size is to be a minimum of 2,000 square feet. We are going to offer three plans with variations of those three basic plans for the neighborhood and that mixture will provide closer to 2,400 sq. ft. average and give us some insurance that as we get through and build the property that if someone wants a smaller home we can accommodate that. Our concern is that we really can accommodate some people that want a smaller home of building r'__1 up the property with some cushion rather than end up with three or four properties at the end that we can't build on. We are trying to control that at the onset by the 3 plans we have given the quantity of lots 3 lots that are front entry garage homes, 5 or 6 that are swing -in garages and the balance will be rear -entry garages which are on the eastern side of the property which lend themselves to bigger, larger homes - 2,000; 2,400 or 2,500 sq. ft. homes. We feel like most of these homes will be in the 2,400 sq. ft. range. This should give us some flexibility on the west side of the property to work with the neighbors that we are backing up to protect sight lines and visibility lines and be good neighbors with them. We can control on the 8 or 10 lots on the east side to get the average 2,000 sq. ft. home. The existing grove of trees there as you come into the property virtually all will stay except where we are putting in the street that will come into the neighborhood. We will loose a few trees but we will more than mitigate the loss as we go through the property and put a minimum of 2 -3" caliper trees on each lot. The grove of trees will be kept except where the street passes through and then we will put in brick pavers with a boulevard island, ornamental light posts and lamps, up light it, and install some nice brick and wrought iron fencing intermingled with the trees and try to have a nice differentiation for the community from Starnes. Again towards the rear of the property as you go back towards the hammerhead that came out of Public Works and gave a lot more green space and the Fire Department liked it just as well as the cul -de -sac. Given the fact that we are in the flood plain back there we have to be able to change grades as we get back there over that 100 -year limit. That hammerhead configuration at the back of the street on the turnaround lends itself to what we are trying to do. Chairman Schopper opened the Public Hearing at 7:08 p.m. and asked if there was anyone present to speak in favor of the request. Mr. Jack Vise, 7420 Forrest Lane, whose property backs up to the proposed development. Mr. Vise expressed his concerns regarding the sight lines of two -story house looking down into the yard of one -story houses. The other was water shed. Now when it rains there is a river running through my back yard. I understand in developing the property drainage would be directed a different way which will help my problem. Greg Van Nieuwenhuize said drainage will be taken care of during platting. If the property drains toward Mr. Vise's back yard, Mr. Hardy can probably get his property to drain to the street. If Mr. Vise's back yard is low, the water that is there will still collect there. Drainage will be addressed during the platting process. Mr. Bowen said that there is no way the City can legislate that the applicant can't build a two -story house that will look down into a backyard. Mr. Vise said he understands that. He is not against the development. In fact, this plan is preferable to other that have been presented in the past. He is in favor. • Mr. Bowen said he thinks there will definitely be some two -story homes in there just because of the home sizes and the smaller lots. Ms. Wanda Mollett, 7404 Forrest Lane, spoke against the request. She and her husband are the second lot on Forrest Lane. Their back yard will abut the new development. She shares the same concerns as her neighbor, and realizes that the Commission cannot legislative the two -story homes, but as you drive through the neighborhood, just since she has lived there, she has seen neighborhood after neighborhood come in. It is cram as many houses on top of each other as you can. We don't need houses with 10 foot backyard depths right behind us where we bought because we had mature trees and larger lots- -where you couldn't borrow sugar from your neighbor by raising the window. It's too much. We bought there because of what the neighborhood looked like. We knew this could be an issue, but we were hoping that the current taxpayers would be protected by the Commission and that you would protect our investment and not let them stack them in as thick as you can get them. We have some of the largest, nicer lots around and would like to keep that consistent. Would they be willing to try not to make such a killing on the land and maybe pluck a few houses out of there? Can they put the single story homes on the side that abuts Forrest Lane and put the two story homes across the street? Also the trees look like they are only going to be saved up on Starnes. What about the trees that are behind my house? Chairman Schopper read a letter into the record that was received dated November 12, 2006 to the Planning and Zoning Commission regarding this case. "Dear Mr. Chairman and Members of the Planning and Zoning Commission, We are property owners at 7400 Forrest Lane, on the corner of Starnes Road and Forrest Lane, adjacent to the west of the property that Mr. Brad Hardy is requesting to be rezoned from C -1 Commercial to RI -PD, Residential Infill. As property owners adjacent to this property, we have several concerns. First, being that whatever residential infill that Mr. Hardy is going to build that it would not in any way devalue our property. That it would hopefully add to our property value by being attractive, being an asset to our neighborhood and our city. Many people view this area everyday as Starnes Road is one of the most heavily traveled roads in our city. We would also hope that this would not cause more traffic concerns on Starnes Road. Our other concerns are the beautiful trees up and down the property line behind our home and our neighbors homes. Please allow the trees right behind our property line to remain and also as many to remain on and around the building site as this only adds beauty to our neighborhood and our city. We are trusting that you will work for our neighborhood and our city to keep them looking beautiful. Thank you in advance for addressing these concerns. Al and Martha Bertrurn . As there were no others wishing to speak, the Chairman closed the Public Hearing at 7:19 p.m. Mr. Haynes asked Mr. Hardy, how will he insure that the trees on the north and south ends of the property will not be damaged during construction? 0 Mr. Hard said during the permitting process, prior or to starting the work on the subdivision infrastructure, we propose and probably be required to provide a survey of what is existing and also indicate any impact with the development of the property and how we intend to protect and preserve the trees. Fundamentally protection will be by g fencin the trees off in the areas where we intend to save the trees to keep people from backing into the trees when loading and unloading materials. They will P g be fenced with temporary type screen fencing and more than likely posted as well. Mr. Benton asked, will the trees be removed from the lots where homes will be developed because there is no room for them on the back of the homes on the west side of the development? Mr. Hardy said that is correct. There are not many of them there now. There are drainage issues where we will have to drain the back of the property to the street. Mr. Benton said he is also concerned with the roads coming in and the access comin g in behind some of the homes seems quite narrow. It is all squeezed in so tight and I am looking at the lots next to it —it doesn't look real appealing to me. I don't know if eliminating a lot on each side and spreading that out if it is a possibility. Mr. Hardy said the site plan shows the maximum outside limits which shows more ground coverage than will probably be used, but it does show the worst case scenario. If more 2 -story homes are done on the east side, then there will more be more open space. We have to keep all the lots proportionate in size, to keep a balance in the neighborhood both from a marketing standpoint and homeowner association maintenance and expense. Mr. Bowen said concerning the design of the hammerhead that it has been approved by the Fire Department. The thing is if someone is parking there car up there then it is not available. It seems to me that at least in this hammerhead there should be no parking in there as it is used for a turn - around. Mr. Hardy said that it will be striped as a no parking zone. It will also be laid out in the homeowner's association rule book but physically marked on the street as well. Mr. Cooper asked since it will be a private street, who will enforce the parking? He thinks the hammerhead is a good alternative to the cul -de -sac. He is concerned about the fire access. Eric Wilhite said the Fire Department will enforce it. The Fire Marshall will. It is the same when there is a cul -de -sac. Also on commercial development the Fire Department enforces fire lanes and no parking zones. Also the HOA will have control of that as well since it is a private street. n Ms. Cole said in the narrative the applicant stated that in order to shield the neighborhood from the commercial property, that where permitted along the east side you would put the fence. Now where permitted —is there a place where it is not? Mr. Hardy said at the north end of the site plan which is northerly of the 100 year flood plain they are restricted by some city requirements in constructing that fence within the limit of the flood plain. So we could go from the point up which is basically all but maybe the very northern 20 or 30 feet down the our property line on the southern edge of Starnes. Ms. Cole asked then what will be put in that area? Mr. Hardy said as a screening fence there is a picture of it in the back of the narrative book. It is a cast stone cobblestone fence. Ms. Cole said in the place where you can't put this fence. That small area what will be there? Mr. Hardy said that now there are trees there and we will work in conjunction with those trees to try to make sure that the intent of the screening fence is served in that area. If it is the addition of some more trees and bushes to continue that screening effect then we will do that. It will have to be something natural so we don't change the existing contours of the grading. Ms. Cole said for clarification on number 2, there is shown the 3 front entry garages. In your sample on the elevations it indicates lots 12, 13 and 14 which don't match. Can she presume you are talking about Lots 14, 15 and 16? Mr. Hardy said it would be the northern 3 most lots on the west side. Chairman Schopper said the matter at hand is the zoning case whether to change this parcel to a residential parcel. The problem why you think the neighborhood is stressed is because the Winn Dixie is dark and if you talked to the property owner you know the reason it is dark is because Winn Dixie is still on the lease and they can't get the new users into it because they can't get Winn Dixie off the lease because typically Winn Dixie would cash in those leases. We recently approved a site plan for a property to the east of Winn Dixie putting a video store in there and there is a tremendous demand for property for professional office sites which would go well back behind that Winn Dixie if it was open. Right now it looks distressed and nobody is going to spend $150 per foot to build professional offices back there as long as it is dark. I am looking at down zoning this to residential as a permanent solution for a temporary problem. That is why I have a problem with it. I am intimately familiar with the property. The product that you are bringing is a good product. I don't have a problem with that. The biggest problem you are going to give to the adjacent Crestwood property is that you are going to cause their property taxes to go up because they are going to be more valuable properties and the comps people use to appraise with will be higher. I just have an issue why this is not a commercial property? We just down zoned the hard corner of Davis Boulevard and Hightower for a similar kind of thing. We down zoned the catfish farm, Liberty Village. There is a lot of stuff that what the problem was it wasn't feasible for that use at the time, but for residential because everybody wants to live in North Richland Hills. I need you to tell me why it is not a commercial site. Mr. Hardy said because fundamentally it is more an industrial site than a commercial site because it is backing up to the Winn Dixie. If that Winn Dixie building was 20 years older, or if it was in less of a condition, or had more short -term obsolescence, which it physically is good for another 40 years and there is no way to transfer it. That is always going to be the back side of that building. The way the layout is designed, whatever goes in that building is going to be allowed to have trucks all night loading and unloading just like Winn Dixie did. That is the current approved use there. Mr. Schopper said that is why he has a problem with residential being there. It is a transitional use that should be in there and we don't need anymore duplexes. Mr. Hardy said duplexes would not be satisfactory but the garden offices wouldn't either. We worked on that concept for 6 to 8 months. We have developed garden homes in this area and know several other garden office developers and asked them to look at it as well. They see some potential in the properties in the next 5 to 10 years to the northeast of the Winn Dixie that actually has Starnes Road frontage. We agree with that, but the depth relative to the frontage on this property is not conducive to a garden office development because only 1 or 2 building would have frontage on Starnes and the rest would not. Starnes is a residential feeder, not a commercial street. So we couldn't generate even any long -term interest in this property as a commercial property as an office. There was some interest from an industrial use -an automotive garage -but we felt like that would not work. That is the type of uses we encountered -more of an industrial type but we don't do that we don't see it fitting there. We have had some success with this type of development in conjunction with the Winn Dixie type building. We did close to 200 active adult houses in a community called Villas of Bedford over on Bedford Road and east of Central Drive and actually Winn Dixie backed out on us on that project as well and it sat vacant for several years after we finished the property. We have also worked with Kroger in Arlington at Lamar and 1 -30 with a community called Villas of Pebblebrook that has worked really well. It has a nice homeowner's association and a lot of private ownership. We could not generate office building or commercial uses. It is worth more money as commercial and we would prefer to see commercial from a development stand point, but from a near term to long term need of this neighborhood on this particular property, like I mentioned earlier, it wasn't just us, we took this to various area and statewide consultants. We had then look at it and drive by to give us their thoughts and it pretty much universally came back we need to work up some type of a non - rental non - income producing residential r-I development. That led us to where we are today to try to pack the very most bang we can put in that for the dollar. Being a transitional piece of property and being under 4 acres the price of the community is high. They want to be a good neighbor to the people with homes on Forrest Lane. Mr. Schopper said to bear in mind that a lot of people are still upset about the trees that were taken down for the Chevron station so bare that in mind and if you could address the tree issue that you will probably go a lot further. There is a drainage issue because there used to be a pond down in there so you have to rework the dirt and then the trees have to go. That is just part of the hard thing of that. Mr. Hardy thinks the site drainage was addressed when they put the Winn Dixie in. He understands there are some drainage issues in the back yards to the west of the property, which to some extent we will help those conditions. If their backyards are low, they are low, but we will not exacerbate them. The Public Works Department will make sure of that. We have a good 2% slope on the property off Starnes back to the creek before we hit the flood plane so it is a good workable site for the layout we have to make everything to drain. Mr. Bowen has a little concern about the RI -PD. The base zoning for RI -PD is R2 and we trade the density for amenities. His concern is that some of the other RI- PD's that have been reviewed are not this dense and they are providing more fountains, gazebos and curved linear streets. What in this development are you giving the city that gives the reason to permit the increased density? Mr. Hardy said they are putting some curve in the street. The site line from Starnes is only 4 lots deep into the community. Were it not for the grove of trees at Starnes we could do some more fountains or entry amenities, but we feel the real value is the trees. We are going to intermix within the trees iron and brick low profile fencing to delineate the neighborhood but not necessarily right up at the sidewalk. We are going to mix that up with the trees in a manner that we don't disturb the trees but still give the feeling that the trees are part of the community —off limits. Mr. Bowen said he understands that the trees are a good amenity. He just wants to make sure that he understands. Mr. Hardy said they have put a nice brick paver island with some landscaping and nice expensive street lighting both at the front entrance and at the midway access of the property and at the towards the rear of the property where the trees are at the back at the creek. We are going to be doing as much landscaping as possible, fully irrigated homeowner association maintained sprinkler system, grounds maintenance, wood garage doors, try to offer a look and feel to this community to justify the effort and expense going into it. Mr. Cooper asked how far it is from the back of the property on the east side to the back of the Winn Dixie building? 0 r-7 Mr. Hardy said from the actual Winn Dixie building to the screen wall being proposed there is a 20 ft. fire lane and then a 7 or 8 ft to the fence and 5 or 10 ft. from the back of the building to the fire lane so something less than 50 ft. Chairman Schopper called for a motion. Mike Benton motioned to deny ZC2006 -05. There was no second and the motion died. Brenda Cole, seconded by Steven cooper, motioned to approve ZC 2006 -05. The motion carried (4 -2). Bill Schopper and Mike Benton voted to deny the motion. Randy Shiflett was absent. is 0 ID 0 Location Map A - 7, E —T . . .. .... ...... -j N NCH ZC 2006-05 Zoning Change; C-1 to RI-PD; 3.63 acres Crestwood Place 8200 Block of Starnes Rd. ------- Feet Prepared by Planning 10/17/06 0 125 250 500 750 1,000 • Public Works Sign Off Letter k4fkH CITY OF NORTH RICHLAND HILLS MEMO TO: Eric Wilhite, Chief Planner FROM. Caroline Waggoner, Civil Engineer L� SUBJECT: Crestwood Place RIPD Site Plan W.D. Barnes Survey, Tract 11A ZC2006 -05 DATE: November 3, 2006 Public Works has reviewed the Site Plan and RIPD narrative submitted to this office on November 1, 2006. All of Public Works' requirements have been met. 0 cc: Gregory Van Nieuwenhuize, P.E., Public Works Assistant Director CLW /Pwm2006 -218 0 0 r"- to Notice of Public Hearing Case #: ZC 2006 -05; Crestwood Place Applicant: Brad Hardy Location: 8200 Block of Starnes Rd. (3.63 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. Purpose of Public Hearina: A public hearing is being held to consider a request from Brad Hardy to rezone 3.63 acres from "C-11" Commercial to "RI -PD" Residential Infill — Planned Development located in the 8200 Block of Starnes Rd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 16, 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, DECEMBER 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 Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTICE OF P UBLIC HEARING CITY OF NORTH RICHLAND .., ., :: HILLS ' xi�� PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2006 -05; Crestwood Place Applicant: Brad Hardy Location: 8200 Block of Starnes Rd. (3.63 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. Purpose of Public Hearina: A public hearing is being held to consider a request from Brad Hardy to rezone 3.63 acres from "C-11" Commercial to "RI -PD" Residential Infill — Planned Development located in the 8200 Block of Starnes Rd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, NOVEMBER 16, 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, DECEMBER 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 Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 I* lie Property Owner Notification List Maryellen Grimes Albert & Martha Bertram Victor & Cordell Noble 8208 Starnes Rd 7400 Forrest Lane 8128 Sayers Lane N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Nisher Inc Orville & Janice Crow Douglas & Donna Curry 8504 Precinct Line Rd Ste 100 7432 Forrest Lane 7469 Timberhill Dr Colleyville, TX 76034 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 DBT Porcupine WD2 Joseph & Tami Gieder Scottie & Sandi Ingram Doug Jennings to 500 W 13 Street Ste 100 7428 Forrest Lane 7424 Forrest Lane Ft. Worth, TX 76102 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Clarence & Carolyn Miller Jack W Vise Michael & Amber Barnhill 7468 Timberhill Dr 7420 Forrest Lane 7421 Forrest Lane N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Paul & Tonya Littlejohn Terry & Denna Mizell Jennifer & John Wilson 7416 Forrest Lane 9025 Tyne Trail 7412 Forrest Lane N. Richland Hills, TX 76180 Ft. Worth, TX 76118 N. Richland Hills, TX 76180 Mary E Endicott Frank J Molinets Marvin D Smith 7340 Timberidge Dr 7413 Forrest Lane 8004 Main Street N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 David & Denise Tober Jerry Mollett Jr Allan & Susan Fitzwater 7337 Timberidge Dr 7404 Forrest Lane 7409 Forrest Lane N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Morris & Judith Ghandi Mark & Carolyn Johnson Norma A Douglas 7336 Timberidge Dr PO Box 1035 7111 Snyder Rd N. Richland Hills, TX 76180 Ashburn, VA 20146 Memphis, TN 38125 Aaron & Amy Reale Ulizabeth Walker Nancy & Teresa Duncan 8204 Starnes Rd 8121 Stames Rd 7320 Forrest Court N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Karen Jo Saunders Brian & Donna Bradley Audra G Bishop 7329 Timberidge Dr 7316 Forrest Court 7321 Forrest Court N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Site Plan Exhibit 4! raw l * y f )Mr ?c1 allJi• • M •t. "_sa �' O+• r[M. .w .. I � •Y 75 1� ... .,, .. • ♦ f tfr v Ik T_�t4; ,. r - r[.r .: * i;.� �.ii: .r"_1. °,• r - e � II •'� � r...... 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Y fM;n• ra«:. ., `C w.e-. :r;+•wt'f :1 rl•'.: :•+a, •f'tL'' a -' •:✓ ..: _.s, •. �. s. . a -.r. +.. :.. .f .<,,,.3 ,.,• ,Y-' r V:+�'.. ��ti��r4�,`,�,, SS /S/ I 1 c -. •..rc•t H :« �t.•a`/• 1-64 i f ?red a.'" A -: Y 1+ Mt //i. . - (.. ,i) \ -•J' . :- -... r1 ^ <••- p.,r ► 1 ' ,• `' \�� .\ oswrn.•. yt■ v� � ?•:rr ., : <L" •s J'f ar.a: '•[ti .S. a rti• S E'ar .t I"`-' � : ^t ^c�✓•..:�c. •rr• v`•a +r.•.,...r wr, y. ♦ 1 ..v d ..q e. ..rf yM m! .rrra• er• wf:s�r S•. fr, ■a• :r ..•.; •• .n, t -S " < h:.a:r _, '-r a: <.r• • t .� : v � f�� U►:}• - =r -- bra-.. SITE PLAN F1 ft CRESTWOOD PLACE A PROPCSED SINGLE FAMILY .. DETACHED HOME RESIDENTIAL .� n �• ow" ' • •t!. MSKot , Mc. 6 *-04 000 tl9t LPkt ACA) '100 COUETVUf. Tx IU34 DEV'ELa�MENT r.e_ EAIMz SUMP tf%Ct 11A . 1601[` LOTS 4n.12,U a 13 r) K 0093 AW YAIATANEO BY "OA IsE7�6Gb'ii�4 Er+:*EEIG KAM}cr. comakTN1c �t TEXAS NON CTY CF K*114 WCOLA'O HUS.IEXAS CUMW Poo�rr mnna �1•w 3.63 AC"t5j _ K^'. (4tTi 2ib•C4(* I'm sit) m -s.or WE OF PREPARATION 4-13-06 ftEvBce a -01-ce wvnrc Ta -n•e6 ii[Vi�t� T!•9•ti 0 Detail of Site Plan WITHIN THE E 100 YEARFLOOD PLAIN LANDSCAPED LANDSCAPED NO FILL SHALL BE PERMITTED i AND IRRIGATED' PROPOSED PAVEMENT SHALL MATCH AND IRRIGATED + +� ! OPEN SPACE EXIST EN SPA +•+ EXISTING ELEVATIONS 0 E Y� s 61w eo' �. � 1)i1 I I I R cvrrn�ur4m OPEN SPACE I ..'+ —� `�— — — —L — — — — — — CONCRETE PFpVAIE STREET r . . _ ._ ++ r` .. / DOPLA I h4, ! I I 13 3024.50 5F �.•. + *. r `9�, �1+ • r I I ' 1 00 YR FLO t ' u�l COMMUNITY OPEN SPACE 15+05.50 SF • - 1322`' 20I . �I STREET I c __ m.... ,` ` ,�I LIGHT . M § - 6' MASONARY �• +M. I SCREEN FENCE •. a PROPOSED + i «; j 1® THIS PROJECT `� !"I �'' FIRE HYDRANT .', ��'' 6480.57 SF - I NO FILL SHALL — -- — -- -- - -1 I I BE PERMITTED { WITHIN THE 100 YEAR T4 r.►�^ ; „� � FLOOD PLAIN J I vll 5076.005E III 108.0' I t 9221 7 SF ' a 1 �I ■ 108 7 i 8400.50 SF .li . .. ............. —_._ ..— jjj �I I _ 50 -16 00SF DECORATIVE 27' i, ---- -1 - - -� ' I I II 1 CONCRETE '—F- ja 6492.29 SF 15• ACCE5 ----------- - - - --- I '% 134.0' S �Z ►y �. -i_ - ! 1 I • 107.7' E 714 L 0 SF r l I ■ ! i , - - i i Y �, 59)9.80 SF -` 04 ' A : }t 8078.575E 1,.._..r • -.. ,1 , � ,- A ,�? "j,` ti 1 i 1 t} 5774.97 SF 1 � '`' c' 6' MASONRY t � << PROJECT R SCREE THIS 111 \ \ \ kFIR ISTIN HYDR t` 5727.99 SF 2+0 \ \ \ • • 1 5780 235E ` 1 1 � 5770.19 SF ,i ' r -,�'• \/ _ �- LANDSCAPED, LIG `,� ��, AND IRRIGATE 29 \ 302 150 SF ', i r' OPEN SPACE 5533.96SF ti ' �'� `0011 Of�fFi " SPA \ STREET � 91 _i8 F ICHT .'•\ \ ' MASONRY FENCE .�, 2s Oft t IANITY�N SPACE STRIPED FLUSH MEDIAN Y �• LANDSCAPED. LIGHTED OWNI AND IRRIGATED OPEN SPACE NSHER ti 8504 PRECWCT MASONRY FENCE COLLEYVILLE (817) 60: 0 0 0 Landscape Plan LANDSCAPE PLAN CRESTWOOD PLACE A PROPOSED SINGLE FAMILY . DETACHED HOME r 8FL mmLC A"4 or� RESIDENTIAL DEVELOP MENT !+ws a vary R�r"o - !a!orr[ riauttc ± 1 91 N'SMER INC aiw�,wz�on�owro�t w�rws <.�' sr w j 8504 PRECINCT LINE ROAD 0100 CDLLEYMLLE Tx 76034 CITY OF ,YOkT►! RICHLAND HIM TEXAS (817) 605 -3344 W.D. BARNES SURVEY TRACT 11A FAGNEER, CURRENT ZONNG— C -1 :%.n z KY!: �..+ K -�.t t .E •uc .nLL+ a v .rrrt s .Q+ c :..^ ? HAY!lTdi CONSULTSNC PROPOSED ZONima it -PO r:.\t c at. K re�smr tcn-e♦= rr ryac..r � v'�n/:s do wn.ra !K :emwI 601 HARWOOD ROAD 4" r _'9y• W 't 4A a t b. t ✓!rk�n tf C ♦. F.rM: iw ♦pp "•,pr. �r.r+er HURST, TEXAS 78054 (3 63 ACRES) :s:,n:!v ra ♦\- .emrr♦•a. ro ac s a ncz •. w.z rrs uJ• a sawz!srz *' (817) ?5-0408 8 - :�• 1(. \fGbts\. \.S l`. '( W_C. M7 r'i,J.♦ TY: T "µ .r.�.t i'Mi! :T �.. rw. r�♦w.set 4 R.W� ry \y: •ellrli "r!:N: '� !Y:S i1 :f,t::M: FAX (81-7` 284-8400 .wvi a. �ru .:'ny� "►..�nuzive wwzLr-s z ♦rrtz r�u�'zv n.weznac j 0 Narrative Crestwood Place A Residential Addition to the City 8200 Starnes Road west of Davis Blvd North Richland Hills, Texas Proposed Single Family Residential Community 0 RIPD (Residential Infill /Planned Development) Site Plan &Zoning Change Request Supporting Information Presented By: Nisher, Inc. 8504 Precinct Line Road Colleyville, TX 76034 Contact: Brad Hardy 817 -475 -1141 April 14, 2006 (revised August, 2006) (revised September 25, 2006) (revised October 25, 2006) (revised November 8, 2006) (revised November 27, 2006) is • Narrative —Page 2 TABLE OF CONTENTS I. Development Overview II. Amenities III, Development Guidelines IV. Exhibits: Site Plan (separate attached 24 "x36") Residential Architecture — Typical Front Elevation Requirements Proposed Cobblestone Boundary Screen Wall Decorative Lamp Post Lighting Decorative Mail Boxes Landscaping Plan (separate attached 24 "x36 ") 0 Narrative —Page 3 I. Development Overview The proposed development will be a new residential Infill- planned (RI -PD) neighborhood of luxury homes. The neighborhood is designed to appeal to a growing number of residents who desire luxury single - family detached homes with less yard maintenance. The neo- traditional style community will feature many of the amenities found in larger suburban neighborhoods while having a location central and convenient to jobs, education, healthcare and shopping. Crestwood Place affords a pleasant and comfortable small community feel and lifestyle to its future residents. Homes will be minimum 2,000 square feet. Homes will be one and two story with a minimum of 85% brick and /or stone at all exterior elevations. No garage entries shall face the street. Garages shall be either rear entry or side entry. Typical minimum roof pitch will be 8/12 with superior dimensional roof shingles (three -tab shingles will not be allowed). Mailboxes will be decorative cast metal grouped in tandem and located between every other property. Building separation will be no less than 10 feet to an adjacent home and driveways will be concrete or pavestone. Pavestone or decorative concrete will accent the pedestrian street crossing areas. Significant landscape features will be required. Each lot will have a minimum of 15 one- gallon shrubs, and two trees (3 inch caliper). All homes will have automatic irrigation sprinkler systems. Community Open Spaces including the entrance and adjacent parkway along Starnes Road will be landscaped with trees and under -story bushes and equipped with automatic underground irrigation sprinkler systems. The street island and all parkway areas will be landscaped and irrigated. A Home Owners Association will maintain all common areas (Community Open Space). A six -foot decorative masonry- screening wall will be constructed where permitted along the boundaries bordering the adjacent easterly commercial property. • Narrative —Page 4 II. Summary of Amenities at Crestwood Place include: • Non - linear, Landscaped Street for a more private community feel; • Landscaped street entry island and generous parkway areas encourage outdoor activity &shall allow ample access for emergencv fire and safety trucks and equipment. • A thicket of beautiful trees welcome residents home at the entrance to the neighborhood; Wooded HOA maintained open spaces (Community Open Space) at the front entry &back turn - around area help maintain the natural ambiance and provide recreational areas for residents; • Architectural iron street lighting and mail boxes provide uniqueness and warmth on drive through; • Minimum 2,000 SF homes with brick, stone, minimum 8:12 roof pitch & elegant entries; • Varied home setbacks from the street add distinctive character; • A brick &stone entry monument with brick and iron fencing along Starnes define and differentiate the community. • Decorative Masonry Screen Wall on boundary abutting the adjacent commercial property adds residential definition and security. The distinctive entrance will set this community apart with a lighted, landscaped divider median and a brick and stone low profile, lighted stone entry monument (The entry monument shall be professionally designed in accordance with City of North Richland regulations as permitted by the City Building Department, prior to construction). The following exhibits include two distinctive architectural drawings of homes designed for swing -in side entry garages on nine (9) lots and rear entry garages on nine (9) lots. The three front elevations shown shall provide basis of the governing architectural features required for all homes to be built in the neighborhood. Also included are photos of mailboxes and masonry screening walls that are included in this proposal. i 0 Narrative —Page 5 Ill. PLANNED DEVELOPMENT GUIDELINES 1. Dwellings to be 1800 s.f. Minimum & 2,000 s.f. average for the neighborhood. 2. All homes shall be 85% masonry at all exterior elevations. 3. Roof pitch shall be at least 8/12 with timberline or superior shingles. (No 3- tab shingles) 4. All driveways and parking areas to be concrete or pavestone. 5. All masonry- screening walls will be 6 feet high. 6. Sidewalks shall be constructed by the homebuilder and shall be installed per this plan and be four (4) feet minimum width. 7. Mailboxes will be decorative cast metal, pedestal mounted, installed in tandem between every other property. 8. Each lot shall have a irrigation sprinkler system. 9. All utility services shall be underground. 10. Common amenities and all common areas not specified in individual lots (Community Open Space) will be owned and maintained by the homeowners association. 11.10 feet minimum clearance /separation between buildings & 6 feet minimum between roof eaves. 12. Project signs to be in accordance with the City of NRH sign ordinance. 13. Each owner will own a portion of all common areas and will be members of the homeowners association and will provide maintenance and liability coverage for common areas (Community Open Space). 14. Each lot shall provide for off - street parking for 2 cars in addition the garage. 15. Any garage door visible from the street frontage must be decorative wood. This requirement includes all of the front entry and swing entry garages. Landscaping and Open Areas 1. Each lot shall be professionally landscaped by the builder including a minimum of fifteen one - gallon street view shrubs and two Community Open Space trees (3 inch caliper measured 6 inches above the root ball). 2. Each home shall have perimeter seasonal planting beds in the front street yard. 3. All planting beds and grassed areas shall be irrigated with an automatic water sprinkler system. E_J Narrative — Page 6 IV. EXHIBITS 0 lr,-] LL- Art . . 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Loop 820 North Richland Hills, TX 76180 Ref: Crestwood Estates City Council December 11 At your reccomendation we respectfuily request that the referenced zoning case be continued until the next City Council meeting in January. Furthermore we request that no action by City Council be taken on this matter until such time that we have the opportunity to represent this case before the Council. 'hank you. J � Brad Hardy Applic nt & Pro rty owner Representative 0 0 I* I* CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Council Meeting Date: 1 -8 -2007 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2006 -15 Public Hearing and Consideration of a Request from John Dancer to Approve a Zoning Change from "C -1" Commercial to "RI -PD" Residential Infill - Planned Development (Located in the 8400 Block of Hightower Drive. - 4.702 acres) - Ordinance No. 2917 Case Summary: The applicant, John Dancer, representing Stone Villas Joint Venture, is requesting approval of a zoning change from T -1" Commercial to "RI -PD" Residential Infill — Planned Development. The 4.7 acre site is located in the 8400 block of Hightower Drive (northeast corner of Hightower Drive and Davis Boulevard). The applicant has begun constructing homes in Phase 1, directly across Hightower to the south. This development will have a private street because it does not meet typical city standard pavement and right -of -way widths. The ownership and maintenance of the street will be included in the responsibilities of the HOA. Planned Development Site Plan: All requests for PD zoning must be accompanied by a site plan detailing the various elements of the proposed development. The applicant has submitted a site plan layout and a narrative that outlines the basic development. Existing Site Conditions: The site is currently vacant with some medium tree vegetation scattered along the edges, and in the middle of the site. The site has an extensive slope from Davis Boulevard downward to the western boundary of the site. This change in topography creates a situation were this site is much lower than the surface of Davis Boulevard. Thoroughfare Plan: The site has frontage along Davis Boulevard, a future 6 -lane, divided, major arterial with 120 feet Right Of Way (ROW) and Hightower Drive, a future 4 -lane, undivided, major collector street with 68 feet of ROW. The Thoroughfare Plan indicates Hightower Drive (in the future) to extend from Smithfield Road eastward to Davis Boulevard and then further eastward to Eden Road. Comprehensive Plan: The Comprehensive Plan depicts neighborhood service uses for this tract. The neighborhood service category is intended to permit limited service establishments and retail stores for the benefit of adjacent and nearby residential areas. The Comprehensive Plan's no- residential depiction is based in part on this area becoming a future 4- corner intersection. However, the proposed land use is consistent with a recently approved RI -PD development done by the same applicant directly south of this site. Plat Status: The applicant has submitted a preliminary plat based on the PD site plan layout and design. This plat is still undergoing staff review, and upon PD site plan approval will be taken to Planning and Zoning for approval. Adjacent Zoning / Land Use: North: "R -2" / Single family neighborhood R -4 -D / duplex East: "R -2" / Single family neighborhood South: "RI -PD" / developing single family RI -PD (Phase 1) West: "AG" / Vacant Land Use Summary: • Total acreage 4.7 acres • Number of lots 29 residential / 5 common open space • Gross density 6.2 houses per acre (gross) • Open space .47 acres / 12% of the total site area Minimum Lot Dimen • Min. house size • Min. lot area • Min. lot width • Min. lot depth • Min. front setback • Min. side setback • • Min. rear setback • Max. height I* sions /Setbacks: 2,000 square foot 5,084 sq. ft. 60 feet (typical) Approx. 80 feet 10 feet building / 22 feet and 26 feet for garages 5 feet 10 feet 38 feet Development amenities: • Divided entryway with decorative stamped concrete paving and water feature; • Stamped concrete crosswalk from lots to proposed open space; • Sidewalks will be on inside loop of street; • 4 - Landscaped amenity open space areas, open space pockets at entrance; • Exterior of development is enclosed by a 6 feet high combination stone and wrought iron screening fence; • Hightower Drive parkway to be landscaped /irrigated HOA maintained area; • Established HOA to maintain all open space amenities and private street; • Stone community mail boxes • Decorative street light fixtures Housing amenities: Private streets • 85% masonry construction, enhanced masonry front elevation; • Full lot irrigation system; • Decorative wood garage doors; • Minimum lot landscaping requirements; • Rock or masonry bordered landscape beds Planning and Zoning Commission Recommendation: The Planning and Zoning Commission at their meeting on December, 21, 2006, recommended approval of ZC 2006 -15 by a vote of 7 -0. Staff Recommendation: Approve ZC 2006 -15 and Ordinance No. 2917 Review Schedule: Application: 7/10/06 Final Hearing: 1/8/06 Total Review Time: 24 weeks 0 0 ORDINANCE NO. 2917 ZONING CASE ZC 2006 -15 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 4.702 ACRE TRACT OF PROPERTY FROM C -1 (COMMERCIAL) TO RI -PD (RESIDENTIAL INFILL- PLANNED DEVELOPMENT) 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, Is 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 4.702 acre tract of land located in the 8400 Block of Hightower Drive in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from C -1 (Commercial) to RI -PD (Residential Infill- Planned Development) zoning and approving the site plan thereof. 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. I* 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 AND APPROVED this the 8th day of January, 2007. CITY OF NORTH RICHLAND HILLS MW ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: I* George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director 0 EXHIBIT A Being a portion of Tract A -R, Block 14, Stonybrooke Addition, an addition to the City of North Richland Hills as shown on the plat recorded in Volume 388/99, Page 28, Plat Records, Tarrant County, Texas and being more particularly described as follows: Beginning at a Y2" iron found at the northeast corner of said Tract A -R; Thence S 00 degrees 22 minutes 48 seconds W with the easterly line of said Tract A -R, 345.86 feet to a 5/8" iron with cap set; Thence S 05 degrees 56 minutes 24 seconds W with the easterly line of said Tract A -R, 151.09 feet to a Y2" iron found; Thence S 17 degrees 06 minutes 15 seconds W with the easterly line of said Tract A -R, 109.29 feet to a Y2" iron found at the southeast corner of Tract A -R and the northerly line of Hightower Drive, an 80 foot wide right of way; Thence N 82 degrees 59 minutes 15 seconds W with the southerly line of said Tract A- R and the northerly line of Hightower Drive, 343.08 feet to a broken highway monument found in the easterly line of Davis Boulevard, a variable width right of way; Thence N 09 degrees 39 minutes 19 seconds E with the easterly line of Davis Boulevard, 257.38 feet to a 5/8" iron with cap set; Thence N 01 degree 16 minutes 19 seconds E with the easterly line of Davis Boulevard, 154.87 feet to a 5/8" iron with cap set; Thence N 06 degrees 24 minutes 41 seconds W with the easterly line of Davis Boulevard, 161.62 feet to a highway monument found in the northerly line of said Tract A -R and at the beginning of a curve to the right; Thence 92.22 feet with the arc of said curve to the right and the northerly line of said Tract A -R to the beginning of a curve to the left. Said curve to the right has a radius of 1,002.12 feet, a central angle of 05 degrees 16 minutes 22 seconds and a long chord of S 86 degrees 49 minutes 58 seconds E. 92.19 feet; Thence 100.17 feet with the arc of said curve to the left and the northerly line of said Tract A -R. Said curve to the left has a radius of 1,002.12 feet, a central angle of 05 degrees 43 minutes 38 seconds and a long chord which bears S 87 degrees 03 minutes 32 seconds E, 100.13 feet; Thence S 89 degrees 55 minutes 13 seconds E with the northerly line of said Tract A -R, 169.99 feet to the point of beginning and containing 4.702 acres. u • Excerpt from the December 21, 2006 Planning &Zoning Commission Meeting ZC2006 -15 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHN DANCER TO APPROVE A ZONING CHANGE FROM "CA" COMMERCIAL TO "RI -PD" RESIDENTIAL INFILL — PLANNED DEVELOPMENT (LOCATED IN THE 8400 BLOCK OF HIGHTOWER DRIVE. — 4.7 ACRES). Chairman Shiflet opened the Public Hearing at 7:51 pm. Chairman Shiflet asks the applicant or representative of ZC2006 -15 to come forward. The applicant came forward and stated, my name is John Dancer and I reside at 2001 Creekside Drive, Arlington, Texas. We are here before you today for you to consider changing our zoning from C1 Commercial to our RIPD residential infill plan development this is the second phase of Stone villas, something that you have already seen, and it is already very successful with over $1.5 million worth of houses going up and pre -sold. So we are real excited about it and we are finishing up some of our stuff from the first phase and want to move towards the second phase which is 29 more lots and another park and hopefully be another nice development for the city. Are there any questions? Mr. Bowen asks, in your opinion is it not viable as a commercial corner? Mr. Dancer states as in Phase one the typography isn't really suitable to develop. As with Phase one and what we've talked about in the first one. I've sold the five acres just to the south of this 18 or 20 years ago and they were going to do offices there then. They have been trying to do offices there since then. I think with Phase one and the success already with Phase I. Having pre -sold homes custom builders coming in selling houses and not specks, I think we have proven this is the best use for it. We have already closed seven in the first Phase of thirteen lots. With several others ready to close we are also getting a fair price for our lots. We have proven that the highest and best use is this Infill development. Eric Wilhite addressed the Commission, stating I would like to elaborate a little more on the site, we discussed it a little bit during pre- session, but if I could just go over some things for the public that might be watching on this RIPD. What staff was looking for in order to make this a use to meet some of the RIPD requirements that we have established in those zoning ordinances. That is the fact that he is creating approximately 12 percent of the total development is going to become an open space owned and maintained by the HOA. It includes an area at the front entrances, a large common open space, and landscape with the sidewalk trails going through it in this area. Enhanced the concrete pavers, you'll also notice there is a linear nature to the street, which by the way will be a private street because it is a little bit narrow in pavement width and right away width than what it required by typical city standards so the HOA will own and maintain that street. The lots we believe will be front entry products so they will be required as part of the RIPD to have decorative wood garage 0 doors which is similar to what you have seen in what's known as Liberty Village. There are other enhancements to the front elevation and masonry. The minimum is 2,000 square foot which is consistent with as if this was a straight R2 zoning product. Staff has reviewed it and we recommend your approval. As there were no others wishing to speak, the Chairman closed the Public Hearing at 8:02pm. APPRnVFn Bill Schopper motioned to approve ZC2006 -15, second by Steven Cooper. The motion carried unanimously (7 -0). 0 0 0 0 0 Location Map > OL.- L 4 F- -77 T ... ... . Hig W NO er Dr ------ -T- 0:07 Tr 0 N NCH ZC 2006-15 Zoning Change; C-1 to RI -PD; 4.702 acres Stonybrooke Addition Ph 11 8400 Block of Hightower Dr. Feet Prepared by Planning 7/12/06 0 125 250 500 750 1,000 Public Works Sign Off Letter t4FtH CITY OF NORTH RICHLAND HILLS DEMO TO: Eric Wilhite, Chief Planner FROM: Glenn Smith, Engineer Associate SUBJECT: Stonybrooke Addition, Phase Il Zoning Case ZC2006 --16 CATS: December 8, 2006 Public !/forks has reviewed the zoning case to this office on December 8, 2006. All Public Works' requirements have been met. 9" r-1 LJ 0 0 r---j U Notice of Public Hearing NOTICE OF PUBLIC HEARING e CITY OF NORTH RICHLAND HILLS T�X.S PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2006-15 Applicant: John Dancer Location: 8400 Block of Hightower Drive (4.7 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. Purpose of Public Hearing: A public hearing is being held to consider a request from John Dancer to rezone 4.7 acres of land (as identified on the attached map) from "C-1" Commercial to "RI -PD" Residential Infill -- Planned Development located in the 8400 Block of Hightower Drive. Public Hearing Schedule: Public Hearing Date: CITY COUNCIL MONDAY, JANUARY 8, 2007 Meeting Time: 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 -6304 Fax (817) 427 -6303 0 0 Property Owner Notification List Glenview Bible Chapel Attn. Assoc. of Christians Maria Burns Liza & Beau Harris 5528 Monthaven Dr 8413 Springbrook Ct 8409 Springbrook t C Ft. Worth, TX 76137 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Calvin D Myles, Jr. Robert L Goode, Jr. Randy & Gayla Smith 3201 Pecan Meadows Dr 8401 Springbrook Ct 8321 Elm Ct Flower Mound, TX 75028 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Donald & Norma Hunt 629 Muirfield Rd Keller, TX 76248 CL & Josephine Jones 7304 Davis Blvd N. Richland Hills, TX 76180 games & Joan Park 8408 Springbrook Ct N. Richland Hills, TX 76180 John & Jeanne Nemitz 1478 Price House Rd Roebuck, SC 29376 Richard & Elsie Lange 7730 E Park View Dr Mesa, AZ 85208 John & Kathleen Brown 7216 Stonybrooke Dr N. Richland Hills, TX 76180 Gary & Adina Wang 925 Dove Creek Tr Southlake, TX 76092 Mark & Noemi Cartwright 7209 Stonybrooke Dr N. Richland Hills, TX 76180 Justin & Melissa Brown 7306 Davis Blvd N. Richland Hills, TX 76180 Kathy D Airhart 8400 Springbrook Ct N. Richland Hills, TX 76180 Kamal & Ghada Abusalah 8404 Springbrook Ct N. Richland Hills, TX 76180 Northlake Capital LLC 2808 Brookstone Dr Southlake, TX 76092 Joel & Michelle Lazarus 7220 Stonybrooke Dr N. Richland Hills, TX 76180 Steven & Julie Doty 7417 Timberhill Dr N. Richland Hills, TX 76180 Gary & Adina Wang 905 Dove Creek Tr Southlake, TX 76092 Veronica Lynn Clayton 7205 Stonybrooke Dr N. Richland Hills, TX 76180 John K. Dancer Stone Villas Joint Venture 2808 Brookshire Dr Southlake, TX 76092 David & Marie Spreadbury 8412 Springbrook Ct N. Richland Hills, TX 76180 James & Mireya Ruska 7300 Stonybrooke Dr N. Richland Hills, TX 76180 National City Bank of PA 3232 Newmark Dr Miamisburg, OH 45342 Donald & Caroline Hughes 7221 Stonybrooke Dr N. Richland Hills, TX 76180 John & Leah Wilde 7213 Stonybrooke Dr N. Richland Hills, TX 76180 David Lane Estill 7208 Stonybrooke Dr N. Richland Hills, TX 76180 Jana & Lee Ann Leonard 7204 Stonybrooke Dr N. Richland Hills, TX 76180 0 0 Is Property Owner Notification List — Page 2 Richard & Rose Carter Randall & Julie Gardner Leroy & Julia Law 7201 Stonybrooke Dr 7240 Stonybrooke Dr 7133 Stonybrooke Dr N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Richard L Stevens Christopher S Blakely El Manantial LLC 7132 Stonybrooke Dr 7129 Stonybrooke Dr 13005 Brock Ave N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Downey, CA 90242 PLANNED DEVELOPMENT REQUIREMENTS 1. DWELLINGS TO BE ZOW U. MWIMUM. 2 ALL DWELLINGS WILL BE ONE AND TWO STORY WITH A MAX, HIEGHT OF 36'. 3. WILL SE W% MASONRY, 4. ROOF PITCH SHALL BE AT LEAST W12 WITH TIMBERLINE OR SUPERIOR (NO 'THREE -TAB' SHPKUS} & THE COLORED PHOTOGRAPHS IN THE NARRATIVE SUBMITTED WITH THIS REQUEST ARE REPRESENTATIVE OF THE TYPICAL HOW ARCHITECTURE AND ELEVATIONS AND MATERIALS AND 18 MADE A PART OF THIS RI-PO. 6 ALL DRIVE WAYS AND PARKING AREAS TO BE CONCRETE OR PAVESTONE- 1. THE DECORATIVE 9CRE64M WALLS ALONG DAVIS DRIVE AND HIGHTOWER DRIVE SMALL W SO(-FOOT MASONRY OR STONE CONSTRUCTION. WITH 012" OR STONE COLUMNS AND WROUG14T IRON ALONG 0,IGHTOWER AND MAINTAINED BY THE HOME OWNERS ASSOCIATION- ACCENTS AND CORNERS CAN F4CLUDE WROUGHT IRON. & ANY RETAINING WALLS REQUIRED SMALL BE CONSTRUCTED OF THE SAME OR EQUAL MATERIALS AS THE PERIMETER MASONRY WALLS, SPECIFICALLY STONE- 9. SIDEWALKS SHALL BE AMWMMW OF t' IN WIDTH AND SHALL BE CONSTRUCTED BY DEVELOPER PER THINS PLAN % MAILBOXES SHALL BE CONSTRUCTED OF STONE OR BRICOL 11. EACH LOT SMALL HAVE A FULL AREA WATER SPRINKLER SYSTEM. 12 ELECTRIC 9 TELEPHONE SERVICE SMALL BE UN DERC44OLOWD IN REM YARDS. 13 COMMON AMEINTIES, PRIVATE DRIVE (AND EMEAGENCYACCESSJUTIL(TY EASEMENT) PARKING AREAS AND ALL COMMON OPEN SPACE NOT SPECIFIED IN INDIVIDUAL LOTS MHICH INCLUDE WILDING COVERAGE PORCHES AND FENCED IN PRIVATE PATIO AREAS) WILL BE "" AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 14 THE PARKWAY AREA ALONG HN31HTOWER SHALL BE WATERED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 15. ALL SUIILDINGS HAVE f4r SIDE YARD SETBACKS. It PROJECT SONS TO BE IN ACCORDANCE WITH CITY OF NORTH RICHLANO HILLS SIGN ORDINANCE 77. EACH OWNER WILL OWN A PORTION OF ALL COMIMON AREAS AND WILL BE MEMBERS OF THE HOMEOWNERS ASSOCIATION AND WILL PROVIDE MAINTENANCE AND UASUTY COVERAGE FOR COMIMON AREAS. 14 ALL SUC)INGS HAVE 1(74r FRONT REAR YARD GETSACOCS FROM THE PROPERTY LIE 10 IF THE GARAGE DOOR CAN BE SEEN FROM THE DRIVE IN FRONT OF THE HOUSE THE DOOR MUST K DECORATIVE WOOD 2o GARAGE sET&mzs MUST BE AT LEAST 22-4r FROM THE SOCK OF CURB FOR LOTS IN BLOCK 11 4 2fr-** FROM BACK OF CURB " LOTS IN BLOCK 14 LANDSCAPING AND OPEN AREAS: CID I EACH LOT SHALL BE LANDSCAPED BY THE BUILDER WITH A MINIMUM OF 15 0) ONE-GALLON SIOUM TWO TREES Cr CALDER MEASURED 6- ABOVE ROOT BALL) WITH A MINIMUM OF ONE TREE IN THE FRONT YARD. Z LANDSCAPING ALONG DAVIS BOULEVARD WITHIN THE SIGHT VISIBILITY tr E/I'FMEMT $HALL BE DWARF YALOPONS 01 OOMPL WICE WITH THE CITY3 SIGHT V1SI"fTY EASEMENT REQUIREMENTS. 3. HOME SMALL HAVE PLANTING AN BEDS D BE MASONRY OR LWED. 4. ALL PLANING NEW AND GRASSED ARLAS SMALL I* IRHIGA 1 E WI TM AN AUTOMATIC WATER SPRINIIIER SYSTEM S. THE IRRIGATION SYSTEM WILL DE STUBBED OUT TO THE DAVIS BOULEVARD RIGHT OF WAY. > to ad cr 05 NOTE: ALL FRANCHISE UTILITIES WILL BE LOCATED UNDERGROUND IN THE REAR YARDS OPEN SPACE PiOVIDElk- Q 20.323 9-f. (.47 mom) ALL LAtASGPING LAND US - E TABLE: - mSpwTX*4 R-2 1030 I Me La Arm 9.000 5.0" S r z Mn LAX Wcm I lob 125 w Came so 70 &IMPROVEME WITH TW)OT. ------------- ---------- Site Plan 400 NOW= I* A*A IV-91 oww ► It"11 no 02 •Z- •'-296-*A64 0-140C -Agum P*O%a *�Ar -sbw Orem Lamdadam *-" V.LAS JOIN, dt%,rm CO%rA4', .0^1�tDAkaR 26M 9400-rap on 49 6W7"lN(I. !BIAS 160.2 3. W Lot Dsaih Z -------- "v I'mmim 110 70 113V - 4, Mm. Dww*V Sf 2m 2.000 40 Stonybrooke 10 CD 5, mwL Ffwv a". 1" 20 B 0 Addfflon a. mwL sift Low 10&5 5 10101469LOAR RAW R" 2 1. LhrL PAM Oft Low '118 io j 1, 1, lr-�-. OAK SM 11LOCK OF HIGHTOWER OIL NORTH RICH AND HILLS, TEXAS 76"t a. M". 3bud" a ww IN 3Ir LOTS AA C (BLOCK 14) A LOT. A.6 A C J T" - J (BLOCK 14) TO BE OWNED & MAINTAINED NOTE: WAX 0. Rw Ywd open spow 20% 14% BY THE NOMOVO4M ASSOCIATION- VyRrLiks LANDSCAPING & N*WAT)M TO BE cam to C----*Y Op- SP— NA 17% COORDINATED WITH SIDEWALK :At 00111102m Hightower J)rive 111TO"i CLAD RFKAT4W ,,;SLC, ACCESS &E LIKOPff CURS RAK" 4, EIM N 13 RGED EUTIrm Pt—AN ^N 'I so I-3a-W 0 io A2.1 to ad cr • - - — - --------- 44 w ------------- ---------- f is — --------- PO r z 7 le i -- -- ---- ------- 4 o 60 C, a -------- ---- ------- `o L fa --------------- cawk 4b- k. 001, 0 Dow 6 iota o OIA� 0c 31,0 A i. : "0 SOMA" rk OAK Paue -- ---- ------------ 4 17 n a g IY� 7 Rv L 1t 71 ee, z 6EllwAUC >109111INt K tw 0 400 NOW= I* A*A IV-91 oww ► It"11 no 02 •Z- •'-296-*A64 0-140C -Agum P*O%a *�Ar -sbw Orem Lamdadam *-" V.LAS JOIN, dt%,rm CO%rA4', .0^1�tDAkaR 26M 9400-rap on 49 6W7"lN(I. !BIAS 160.2 3. W Lot Dsaih Z -------- "v I'mmim 110 70 113V - 4, Mm. Dww*V Sf 2m 2.000 40 Stonybrooke 10 CD 5, mwL Ffwv a". 1" 20 B 0 Addfflon a. mwL sift Low 10&5 5 10101469LOAR RAW R" 2 1. LhrL PAM Oft Low '118 io j 1, 1, lr-�-. OAK SM 11LOCK OF HIGHTOWER OIL NORTH RICH AND HILLS, TEXAS 76"t a. M". 3bud" a ww IN 3Ir LOTS AA C (BLOCK 14) A LOT. A.6 A C J T" - J (BLOCK 14) TO BE OWNED & MAINTAINED NOTE: WAX 0. Rw Ywd open spow 20% 14% BY THE NOMOVO4M ASSOCIATION- VyRrLiks LANDSCAPING & N*WAT)M TO BE cam to C----*Y Op- SP— NA 17% COORDINATED WITH SIDEWALK :At 00111102m Hightower J)rive 111TO"i CLAD RFKAT4W ,,;SLC, ACCESS &E LIKOPff CURS RAK" 4, EIM N 13 RGED EUTIrm Pt—AN ^N 'I so I-3a-W 0 io A2.1 Detail of Site Plan �I r . �. - ---------_- NAND -- $j,0 I �i >> s 1p s s ; a 1 I 1 i -------------------- �, 44.1r r--- ---- __��- --- --� - ---- °-- ---- -- - - -� ��. CRDC CONC. 92.56' t R. ly 1 1 ys �+------- - - - --- - L ED�C C14 E i 1 1 1 1 { I Y ----------- - - - - -- -- -------- - - - - -- i= 1 -------------------- -- , � 1 I I 1 1 i s 14 $ 7 'I r------------- - - - - -i ;---------------- - - - - -, ' 11 I -------------- - - - - -' 1 i i , r O ° --- -------------- TOM i 1 4 o�o ---------------- - --- -; 11 (; - -- - --- --- - - - - -- t - --------------- 1 I I IREI s s ' - - - - -- a C ` . �' dry --- - -- REP 1 ANNA_ .. j�+ �� ° ,�,3�, Ro I I 1 , f''�1. OAK F� AM D 1 1 t r 00 ` i O33 ALK.a LO�� ; - -- 1 1 ;0 o S• $ r 1 w u d I CONCRETE --- t , / SIDEWALK LPOLE,� SRO WALK C.4 1 ------ ------ --- -- - --i I Ht1 t �..� MYRTLE G ,�� ; - - - - - -- mp ` r - •NAND - ► A fi,� MB 1 '-- - -- --- i E 1 tl I I t 17 iV 1 nom 1 8 r ; - - -- ! ( 1y ----- - - - - -- _ t:i - , l h i d 1 G t ------------ ; � 1 I s - -- -- B IMPROVEMEN r ' f WITH TxDOT. % B ; �" �'i W '-------------- - - - - -- 1 ! Z -- -- _ 1 � O 1 , 1 18 a '- -- ' _POLE:" ° ° ° 1 VGH� i CM8 ' O i � w , ` 1 Lj 1 - _L_E_7T �0 SAMPEDiOC. � y ___ - - - -- ---- c STAMPED -------------- - - -- __ OSSWALK CROWSSM K I 4 C4 03 J • tip, � ---_ 0� ' - + ? ^Cb 21 ; g l , O WHEELCHMR RA ! b % ` % = I ! ,wt � _ MP _ , �` CREPE 'OAK K 14) 3 LOTS &B & C FIEVATIpH c. � �`.� M MYRTLE ¢ WNED B MAINTAINED NOTE: ' •� ` -WAX _ :RS ASSOCIATION. LAND LANDSCAPING IRRIGATION TO BE ,. MYRTLES • COORDINATED WITH SIDEWALK Hightower Driv e _'�� WATER FEATURE d��ATlgy DECORATNE H.C. ACCESSIBLE 6KaHT FIXT,,_ CURB RAMPS 7. GAZ®O ELEVATION 1;4• -1'4r TVVMCPJ. F�� EMBOTIM IS 12 -V 10 TYPICAL WALL SECTION ASJ-CW*JG OAVM 1)4*-1'4r Elevation Plan CAL 10 4w�-- ZZ EPJTVW ELEVATION 1AI-II-r T—CA- ;0 -0, df , o -0' -A' VIIVRJIYFTY MAILBOX 0 IATION 1A• -11-T WATOWALL E3"ATK3N $-%6pc •Oms P►Mc st*&--N@W -Ow V.LLA& i0ft, #2%—.W 40%r e-..0^ K DAW-M 2DM ORD&O"OU 04 A GOWr-4,4.M TWAAG ENTPY ELEVATION 'AW-13 2 r �J Narrative — Page 1 r.: '.�i '• i, t• t •fie =. .. j:' .t . AM1. _ 2001 Creekside Dr. (817) 992 -5385 (off) Arlington, 7X 76413 (817)451 -3221 (fax) DFWeRealty. corn S MNYBROOKE ADDITION " STONE VILLAS " NORTH RICHLAND HILLS, TEXAS Concept Plan and Zoning Change Request NARRATIVE December 21, 2006 Presented by: Stone Villas Joint Venture 2808 Brookshire Dr. Southlake, Texas 76092 Engineer. Gordon S. Swift Consulting Engineers, Inc. 900 Monroe Street, #404 Fort Worth, Texas 76102 General Contractor: Prime Advantage Enterprises Inc. 2001 Creekside Dr. Arlington, Texas 76013 D � NEPRTH RICHLAND H I L L S ZC 2006 -15 LJ Narrative — Page 2 TABLE OF CONTENTS I. NARRATIVE II. PLANNED DEVELOPMENT REQUIREMENTS III. EXHIBITS A. SITE PLAN B. SITE ELEVATIONS C. TYPICAL HONK ELEVATIONS D. TYPICAL WOOD CLAD GARAGE DOORS E. EXAMPLE OF HIGHTOWER SCREENING WALL IV. LAND USE TABLE Narrative — Page 3 • Narrative —Page 4 Stone Villas Stone Villas will be a "garden home" neighborhood of luxury homes. Homes will be a minimum of 2,000 square feet. Each lot will provide for a muuxnum 50 -foot front for each home. Homes will be one and two story (with a maximum height of 3 8 -feet) and at least 85 percent masonry. The masonry exteriors will be brick or stone. Brick exteriors will be accented with stone or rock. Roof pitch shall be at least 8112 with timberline or superior shingles ( "three -tab" shingles will NOT be allowed). The garages shall be set back at least 22 -feet from the property line, and if they can be seen from the private drive, shall be decorative wood. The mailboxes will be grouped at two or three central locations and shall be constructed of brick or stone to match the character of the neighborhood. The homes will be no closer then 10 feet (5 foot minimum side yards) to an adjacent home and driveways shall be concrete or pavestone. The pedestrian crossings will be accents for the entire private circle drive, as they will be either pavestone or decorative concrete. The enclosed color photographs depict typical elevations and materials and are included as part of the RJ -PD site plan. There will be significant landscaping features, such as requiring each builder to landscape each lot with a minimum of 15 one - gallon shrubs and two trees, with a caliper of 2- inches, and a minimum of one in each front yard. The planting beds around each home i a the front yards shall be masonry or rock lined and any retaining walls required will be constructed or faced with the same or equal materials as the perimeter masonry walls or the exterior materials of the house on the lot the retaining wall is constructed. Each home will be required to be built with an automatic sprinkler system as well. Not only will each home be landscaped, but the common open space in the center island, at the entrance and the right of way along the adjacent roadways, will be extensively landscaped and equipped with automatic sprinkler systems. The common area in the island will include, as part of the development of the lots, a gazebo, picnic areas and park benches and be maintained by the Home Owner's Association. 0 Stone Villas Narrative Page Two Narrative — Page 5 To further incorporate the `feel" of a special neighborhood, a decorative screening wail shall be installed along Davis and Hightower. The wall along Hightower shall be masonry or stone construction with brick or stone columns and wrought iron. Wax myrtle shrubs will be planted along the wall (compliant with the City's sight visibility requirements) for aesthetics and screening. The wall along Davis Boulevard shall be full masonry or stone construction. The distinctive entrance will set Stone Villas apart with a divided median that will include a fountain, and landscaping. Exhibits in this Narrative include pictures of the typical home elevation, typical wood garage door and a picture of a screening wall similar to the one to be constructed for this project. to Narrative —Page 6 H. PLANNED DEVELOPMENT REQUIREMENTS L I -PD REQUIREMEN'T'S Narrative — Page 7 1. DWELLINGS TO BE 2000 sl MINIMUM 2. DWELLINGS WILL BE ONE AND TWO STORY WITH A MAX. HIEGHT OF 38' 3. UNITS WILL BE 95`y6 MASONRY 4. ROOF PITCH WILL BE AT LEAST 8112 WITH TIMBERLINE OR SUPERIOR ( NO THREE -TAB SHINGLES) S. THE PICTURES IN THE NARRATIVE SUBMIT'T'ED WITH THIS REQUEST ARE REPRESENTATIVE OF THE TYPICAL HOME ARCHITECTURE AND ELEVATIONS AND MATERIALS AND IS MADE A PART OF THIS I -PD 6. ALL DRIVEWAYS AND PARKING AREAS TO BE CONCRETE OR PAVESTONE 7. THE DECORATIVE SCREENING WALLS ALONG DAVIS DRIVE AND HIGHTOWER DRIVE SHALL BE SIX -FOOT MASONRY OR STONE CONSTRUCTION, WITH BRICK OR STONE COLUMNS AND WROUGHT IRON ALONG HIGHTOWER AND MAINTAINED BY THE HOME OWNERS ASSOCIATION. ACCENTS AND CORNERS CAN INCLUDE WROUGHT IRON 8. ANY RETAINING WALLS REQUIRED SHALL BE CONSTRUCTED OF THE SAME OR EQUAL MATERIALS AS THE PERIMETER MASONRY WALLS. SPECIFICALLY STONE 9. SIDEWALKS SHALL BE A MINIMUM OF VIN WIDTH AND SHALL BE CONSTRUCTED BY DEVELOPER PER THIS PLAN 10. MAILBOXES SHALL BE CONSTRUCTED OF STONE OR BRICK. 11. EACH LOT SHALL HAVE FULL AREA WATER SPRINKLER SYSTEM. 12. ELECTRIC & TELEPHONE SERVICE SHALL BE UNDERGROUND IN REAR YARDS 13. COMMON AMENITIES, PRIVATE DRIVE ( AND EMERGENCY ACCESS/UTILITY EASEMENT) PARKING AREAS AND ALL COMMON OPEN SPACE NOT SPECIFIED IN INDIVIDUAL LOTS (WHICH INCLUDE BUILDING COVERAGE PORCHES AND FENCED IN PRIVATE PATIO AREAS) WILL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 14. THE PARKWAY AREA ALONG MGHTOWER SHALL BE WATERED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION. 15. ALL BUILDINGS HAVE 5' -0" SIDE YARD SETBACKS 16. PROJECT SIGNS TO BE IN ACCORDANCE WITH CITY OF NORTH RJCHLAND HILLS SIGN ORDINANCE. 17. EACH OWNER WILL OWN A'PORTION OF ALL COMMON AREAS AND WILL BE MEMBERS OF THE HOMEOWNERS ASSOCIATION AND WILL PROVIDE MAINTENANCE AND LIABa.IT'Y COVERAGE FOR COMMON AREAS. 18. ALL BUILDINGS HAVE 10'-0" FRONT AND REAR YARD SETBACKS FROM THE PROPERTY LINE. 19. IF THE GARAGE DOOR CAN BE SEEN FROM THE DRIVE IN FRONT OF THE HOUSE THE DOOR MUST BE DECORATIVE WOOD. 20. GARAGE STEBACKS MUST BE AT LEAST 22'-0" FROM THE BACK OF CURB FOR LOTS IN BLOCK 14 AND 26' -0" FROM BACK OF CURB FOR LOTS IN BLOCK 16. LANDSCAPING AND OPEN AREAS 1. EACH LOT SHALL BE LANDSCAPED BY BUILDER WITH A MINIMUM OF 15 ONE - GALLON SHRUBS, TWO TREES (2" CALIPER MEASURED 6" ABOVE ROOT BALL) WITH A MINIMUM OF ONE TREE IN THE FRONT YARD. 2. LANDSCAPING ALONG DAVIS BLVD. WITHN THE SIGHT VISIBILITY EASEMENT SHALL BE DWARF YAUPONS IN COMPLIANCE WITH TIM CITY'S SIGHT VISIBILITY EASEMENT REQUIREMENTS. 3. EACH HOME SHALL HAVE PLANTING BEDS AND BE MASONRY OR ROCK LINED. 4. ALL PLANTING BEDS AND GRASSED AREAS SHALL BE IRRIGATED WITH AN AUTOMATIC WATER SPRINKLER SYSTEM. 5. THE IRRIGATION SYSTEM WILL BE STUBBED OUT TO THE DAVIS BLVD. RIGHT OF WAY NOTE: ALL FRANCHISE UTILITIES WILL BE LOCATED UNDERGROUND IN THE REAR YARDS 0 0 0 0 Narrative — Page 8 III. EXHIBITS 0 Narrative — Page 10 AL4 i-A AJO TV � ��'°` , 'i.. Lam L I Pil la"t p 4 sp Jk, 44.L IZ•I! mix . - t6 ` Art rW 3,1 A V,.Y id •JI. 4X }1 .Y, j 1 Q ` a , � i ,tr 1. M, .,a .< , . ♦ ♦ v ., rl a''S -L (!` , IT AD 47 Jr f, • .UM 1 t 1C VAIN, V;I. If 1. 41 ZOO;— Of IM T7 top - CL. b K 1-Am • Narrative —Page 12 IV. LAND USE TABLE i t Narrative - Page 13 ADVANT "Maw Polk= 4. P ER7 2001 Creekside Dr. (817) 992-5385 (00 Arlington, TX 76013 (817)451-3221 (fax) DFWeRealtyxom Land Use Table Descriptions R-2 RI-PO 1. Min lot area 9,000 5,084 average 2. Min Width Interior 72.5 60 Comer 80 70 3. Min depth Interior 110 70 4. Min dwelling sf. 2,000 2,000 5. Min front bldg line 20 10 6. Min side bldg line 10 &6 5 7. Min rear bldg line 10 10 8. Max structure height 38 38 9. Rear yd. open space 20% 14% 10. Community open space — N/A 12% - 20,323sf. C� r� CITY OF NORTH R/CHLAND HILLS Department: Planning Council Meeting Date: 1 -8 -2007 Presented by: Eric Wilhite Agenda No. C.3 Subject: RP 2006 -15 Public Hearing and Consideration of a Request from Mark Comis to Approve a Residential Replat of Tracts 1 & 2, Block A, Hewitt Heights Addition to Lots 1 -4, Block 1, Hewitt Heights Addition (Located in the 7600 Block of Frankie B Street 0.9.97 acres). Case Summary: The applicant, Mark Comis, is requesting a replat of a .997 acre portion of Hewitt Heights Addition. The purpose of the replat is to develop four single family lots. Because this property is requesting a replat of residentially zoned property a public hearing is required. Current Zoning: A rezoning request was granted by the City Council on this property on September 11, 2006 changing from "AG" to the current zoning of "R -2" Single Family Residential. Thoroughfare Plan: The tracts are located on Frankie B Street just west of Hewitt Street in the area known as Old Smithfield. Frankie B is designated as a 2 lane undivided street with 60 feet of right of way. Comprehensive Plan: The Comprehensive Plan designates this area for low density single family uses. Low density residential uses surround this area on unplatted tracts. This subdivision is consistent with the Comprehensive Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Rough Proportionality: The following infrastructure items are required for the development of this subdivision, and therefore, the city engineer's rough proportionality determination has established that the developer will be required to assume 100% of the amount required for the public infrastructure improvements indicated on the final approved public infrastructure construction plans. These include approximately 505 lineal feet of 6" DIA sanitary sewer main, and 2 sanitary sewer manholes. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, December 21, 2006 and voted 7 -0 to approve the replat. Staff Recommendation: Approval of RP 2006 -15. Review Schedule: Application: 10/02/06 Final Hearing: 1/08/06 Total Review Time: 13 weeks LJ 0 Location Map A N i�H RP 2006-15 Replat Hewitt Heights 7600 Block of Frankie B St. Feet Prepared by Planning 10/30/06 0 100 200 400 600 800 001111 01 �. _______ _.____ _- _ _ ___ ____. _._____ __ra_n le B St Buck St r--- T A N i�H RP 2006-15 Replat Hewitt Heights 7600 Block of Frankie B St. Feet Prepared by Planning 10/30/06 0 100 200 400 600 800 • Notice of Public Hearing NOTICE OF PUBLIC HEARING 2'• °" "' CITY OF NORTH RICHLAND HILLS TE"' CITY COUNCIL CASE #: RP 2006 -15 APPLICANT: Mark Comis LOCATION: Lots 1-4, Block 1, Hewitt Heights Addition You are receiving this notice because you are a property owner of record in Briarwood Estates within 200 feet of the property shown on the attached map. Purpose of Public Hearin A Public Hearing will be held to consider a request from Mark Comis to replat Tracts 1 & 20 Block A, Hewitt Heights Addition, into Lots 1 -4, Block 1, Hewitt Heights Addition. This property is located in the 7600 Block of Frankie B St. I* Public Hearing Schedule: CITY COUNCIL MONDAY, JANUARY 8, 2007 Meeting Time: 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 (8 1 7) 427 -6300 Fax ( 817) 427 -8303 0 11 0 Property Owner Notification List Billy 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. Richland Hills, TX 76180 Jamie & Barbara Boyd Robert H. Martin 7608 Hewitt St 7600 Hewitt St N. Richland Hills, TX 76180 N. Richland Hills, TX 76180 Jimmy Dean Custom Builders LLc John & Diane Henyan PO Box 54250 7700 Frankie B St Hurst, TX 76054 N. Richland Hills, TX 76180 Mark D. Comis 9117 Comis Or N. Richland Hills, TX 76180 Rickey Wooten 7701 Buck St N. Richland Hills, TX 76180 Dylena M. Yorek 7607 Buck St N. Richland Hills, TX 76180 Country Meadows Limited JV Jim Horn 3008 Red Bird Ln Grapevine, TX 76051 Glynda Hull 7524 Frankie B St N. Richland Hills, TX 76180 Billy & Marie Melbourn 7613 Buck St N. Richland Hills, TX 76180 Dylena M. Yorek 7529 Buck St N. Richland Hills, TX 76180 Jimmy & Patti Simpson PG Box 210084 Bedford, TX 76095 Edward P Fuchs PC Box 822001 Ft. Worth, TX 76182 Charles & Clara Williams 7612 Frankie B St N. Richland Hills, TX 76180 American Heritage Mrtg Corp 7508 Frankie B St N. Richland Hills, TX 76180 Randal & Nancy Robinson 7548 Hightower Dr N. Richland Hills, TX 76180 American Heritage Mrtg Corp DBA American Eagle Homes 7525 Buck St N. Richland Hills, TX 76180 Ricky V Christopher 7524 Hewitt St N. Richland Hills, TX 76180 • Public Works Sign Off Letter NCH CITY OF NORTH RICHLAND HILLS MEMO To: Eric Wilhite, Chief Planner FROM: Gregory van Nieuwenhuize, P.E., Assistant Public Works Director RE: RP 2006 -15 Hewitt Heights: Block 1, Lots 1 - 4 DATE: December 4, 2006 Re plat On December 4, 2006, the Public Works Department determined that the Replat for the Hewitt Heights: Block 1, Lots 1 - 4 (RP 2006 -15) dated November 30, 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 On December 4, 2006, the Public Works Department determined that the public infrastructure construction plans for the Hewitt Heights: Block 1, Lots 1 - 4 (the "Subdivision "), dated November 30, 2006, met the requirements of the Public Works Department in accordance with the Subdivision Ordinance (Chapter 110 of the City Code), Rou h Proportional!ty The public improvements indicated on the preliminary public infrastructure construction plans for the Subdivision include the installation of the following public infrastructure, a portion of which is off -site: 1. approximately 505 lineal feet of 6" DIA sanitary sewer main; and 2. two (2) sanitary sewer manholes. The construction of these public sanitary sewer infrastructure items is required for the development of the Subdivision as proposed by the developer. Therefore, the developer will be required to assume 100% of the amount required for such public sanitary sewer infrastructure improvements which will be indicated on the final approved public infrastructure construction plans for the Subdivision. Public Works Sign Off Letter — Page 2 Eric Wilhite RP 2006-15 H ewitt Heights Ad d iti o n; B lock 1, Lots 1 -- 4 December 4, 2006 Page 2 of 2 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 f North Richland y c and HiIIs, incensed by the State of Texas. Greg an Nieuv6nhuize, P.E. Assistant Director of Public Works cc: Mark Comis (via fax @ 817.281.4777) Delbert 5tembridge, P.E. (via fax @ 682,647.0024) • 0 0 Excerpt from the December 21, 2006 Planning & Zoning Commission Meeting RP2006 -15 CONSIDERATION OF A REQUEST FROM MARK COMIS TO APPROVE A REPLAT OF TRACTS 1 & 2, BLOCK A, HEWITT HEIGHTS ADDITION TO LOTS 1-4, BLOCK 1, HEWITT HEIGHTS ADDITION (LOCATED IN THE 7600 BLOCK OF FRANKIE B STREET — 0.997 ACRES). Chairman Shiflet asks the applicant or representative of PP2006 -15 to come forward. Applicant states, good evening my name is Mark Comis address 9117 Comis Drive in North Richland Hills, I believe we have gone over this property quite a bit already. But just to highlight it. It's a replat of two half acre lots, a proposed replat into four lots which are about 72.5 feet wide by 149 feet deep. I've met with staff and discussed the engineering with staff a number of times and I believe we've met all of their concerns. With that I'd be happy to answer any questions that you have. Chairman Shiflet calls Eric Wilhite forward to address the commission. Eric Wilhite addressed the Commission and states: This plat is a replat of and existing lot into some R02 single family lots. Staff has reviewed the plat application and • recommends your approval. Chairman Shiflet asks if there are any questions for staff or the applicant. Chairman Shiflet calls for a motion on PP2006 -15. APPROVED Mike Benton motioned to approve RP 2006 -15, seconded by Don Bowen. The motion carried unanimously (7 -0). is 0 0 0 Replat Exhibit N �0%46 _-AIM J=IL-. ✓ 0 D-1 .4-W &TE ' ""T" XW4y. MW~ f. %� b� a Dof "T� j* " "%� 2!W_ .-ftd V*e.w bm. p 01111. C� ft-D r 0. " 8.1w .0 Km HDOM. N. N.V. 4*� T� C. T. T~t ADD-6-d Ks" 3 lKam RAX4 C PrXA C was 4; Do a.- vo,D1 to I jr LOD 10 "W 7 f *r.w I' - 4W,4w H~ C. 40 " or." 0 W, 0 *4 Oft pw pw, -0 D.. Ave. r-I.-A C-.*. t� mverw . P'. mes 1 wpw. ft copra evue" too 04w" timl Ew*r S'Dw n's 4w" wqw M13 "up? 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C Zmf.ftV5952 v 2.362,283 Z48 A I I ,.d ei _.vm 7 dwo" L" C_ -4 4- vvct ACT I L.')1 2 LC` 3 1,0T 4 IUAW-0 an 't'j'a" DDLXr. 4A71.4 60.•1, so 1'ru, 4L *0 dAl . r ft� vt ws W, **a "ILMI'm 4*111, IM BLOkCK 1 ON& -W W 14TCY ww • WAY D-v'Y DOW I v w wow - - _.W � mo, 116- DID v Coo, f 4.0 0.4 41DL T. a m ow COVIL 0- 4 Ar 29-, W 290L66 ft r _ mm w twat Lv % 11100 6 odsom. 8"_ r low. 3B* A, r•MCi @EWW WL 0. 0 Now, -,*k 4 W qD .10 *Z wq w L13 0*. *,a 1141" 1 A11WA 241 C_ __mdK.QQLs. D . - . . 0. a Nk, "em. 4411L 100 em. .m TD;1 1. W. n`N.IM oarw" w _W.Aw 'Q1.A4 .'sk .0 .0 'q11( it ob- t- CAD, C-i a N C*v 44. T- w W oft-PB" a V. dw QW)l 6sca w 400 me NOL X wu ".-do .0- 2wy N.Ow pa". DROP o, T_ REPLAT OF Lot I Thru Lot 4, Block I rkll of YEW OF TA~ 11EWI7T HEIGHTS 0(.7 of TH& R. 3mrqenm0.. 0 14w DIDI m to, I'm pbt wa prupwod 4" w qprt.r .4 -W f Me kr ww Ave 0- ft..... - 6. J. McCOMAS SURVEY. ABSTRACT JIVO. 1040 OWNERIDEY&WPER MARK COWS ?4w Comm At" SURVEYOR AID SURVEY COMPANY RACT STRUT SWE ifif JMG A AMAr or mer i Am nucr s. AWff A. OF AFFM ►WWM AN AWTWN r* Tiff Cllr Or "RM RIMA" Nff" TARRANT C"WTV TMI AS XWOXPSD & VOW" MO-0, PAGE JJJ. PUT RICOM, 1ARROT CO&Wff. TIMS. NOON XWELAND MUS, FLEW MIM (817) 881 PW WOM TEW m) I I ("p) 647-011m, PWqi A vks6ww %m-pw f 22M ID A&TW PX&PARM APM 14 ZMA (817) 981-4177 FAX (#W) 047-OM J`AX. ruls P"r Mm AN cammsr-, sLmg-. SHEET OF Detail of Replat BLACK 5 BLOCK 4 BLACK C BLOCK C BLOCK C LOT 2 LOT S LOT 1R LOT 8R LOT 7 ROBERT H. MARTIN JAMIE A. BOYD et ux BARBARA H. LARRY R. HUTCHENS ,AMY R. SIMPSON et ux PATTI JIMMY DEAN CUSTOM BUILDERS LLC 7600 HEWITT STREET ( 7608 HEWITT STREET � 7612 HEWITT STREET � 7613 HEWITT STREET ( 7617 HEWITT STREET NORTH RICHLAND HILLS, TEXAS NORTH RICHLAND HILLS, TEXAS N. RKfLANO HILLS. TEX. N. RICHLAND HILLS, TEX. N. RICHLAND HILLS, TEX. NO VOL. /PG. LISTED V01-14503, PG.406 NO VOL /PG. LISTED NO VOL /PG. LISTED ( INST. # 205149383 �$ (80' R.0.1/.) >, P. U. B. S 89' 54' 00" E — 290.66 3 ,. LP. F„ & 1 72.67' 72.67' 72.67' 72.67' NAD 83 COORDINATE FEET IW4D 83 COORDINATE FEET N = 7, 002, 562.5705 20' B.L. N - 7,002,562-0632 E = 2,361, 992.5952 I ( ;� E - 2, 362,283.2548 0;I �`' W LOT 1 LOT 2 ;� LOT 3 LOT 4 W 3 TRACT 1 ; rr HERBERT C. HULL ^ f 10.858.0 SQ.FT. 10.860.0 SQ.FT. 10.865.0 SQ.FT. 10.871.0 SQ.FT. , O CHARLES R. WILLIAMS O AND WIFE Zoned R -2 Zoned R -2 Zoned R -2 Zoned R =2 n O AND WIFE GLYNDA M. HULL •� I I �_ CLARA F. WILUAMS VOLUME 41x8. PAGE 409 I ' ^ VOLUME 9008, PAGE 843 D.R.T.C.T. O B LdC K 1 DR.T.C.T. z I 0 7.5' UTILITY EASEMENT T - - 7Z¢7'- 72. a � � 67' V. FWIL N 89' 50' 29 W — 290.66' 11F `p' nc TRACT 2 HERBERT C. HULL AND WIFE GLYNQA M. HULL VOLUME 4188. PAGE 409 D.R.T.C.T. DYLENA M. Y+OR£K AND CHRISTOPHER YOREK VOLUME 13372. PAGE 245 D.R.T.C.T. GLENN D. COX AND LEO COX VOLUME 4168. PAGE 409 D.R.T.C.T. LOT 16. BLOCK 5 HEWITT ESTATES CABNET A. SLIDE 6359 P.R.T.C.T. 0 0 e.3 January 2, 2007 Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 y , } �1e- ��[elw,i'l�r,'.�u�r w.w ..•Iwsr,J��,Y 1tY.�fso 'I I N CASE ##: RP 2006 -15 APPLICANT: Mark Comis LOCATION: Lots 1 -4, Block 1, Hewitt Heights Addition Dear Sirs: This letter is to state our objection to the replat of Tracts 1 &2, Block A, Hewitt Heights Addition into 41ots in the 7600 Block of Frankie B Street. We have lived across the street from this tract for over 36 years and oppose the higher density of lots. It is my understanding that the current zoning (sec. 118 -313) for this property is R1 which requires a minimum of 85 feet in lot width and a minimum lot size of 13,000 sq. ft. This proposal would not meet that requirement and should be rejected. We may not be able to attend the Public Hearing on Monday, January 8, 2007 so please acknowledge my objection during that meeting. Sincerely, Larry & Sandra Hutchens 7612 Hewitt Street North Richland Hills, Texas 76180 Lot 1 R Block C. Hewitt Estates (817) 281 -5133 9 9 0 CITY OF C� CITY OF 9 CITY OF NORTH Rl CHLAND HILLS Department: Public Works Council Meeting Date: 1 -8 -2007 Presented by: Mike Curtis /Greg Van Nieuwenhuize Agenda No. E.1 Subject: PW 2007 -001 Approve Public Right -Of -Way Use Agreement (Natural Gas Pipeline Crossing) with the Harding Company for a Gas Pipeline between the Graham Ranch Gas Well Site and the Exxon Mobil Pipeline (southwest of Chapman Road and Rufe Snow Drive). - Resolution No. 2007 -002 Currently, the Harding Company, operator of the Graham Ranch Gas Well, desires to construct a gas pipeline within North Richland Hills that would connect the Graham Ranch Gas Well with the valve station on the ExxonMobil gas pipeline located south of the southwest corner of the intersection of Rufe Snow Drive and Chapman Road. The route for this proposed gas pipeline crosses both private property and public property (public ROW). The specific route for the gas pipeline is south from the Graham Ranch Gas Well across private property to Chapman Road ROW. The gas pipeline will then cross Chapman Road and extend west towards Rufe Snow Drive along the south side of Chapman Road ROW. Once the gas pipeline crosses Rufe Snow Drive, it will be within the city limits of Watauga. Staff has drafted the attached "Public Right -Of -Way Use Agreement (Natural Gas Pipeline Crossing) ". This Agreement is intended to act as the City's "boiler plate" Agreement for future similar situations when a gas company /operator desires to construct and maintain a gas pipeline within North Richland Hills. The agreement is in accordance with the staff presentation to the City Council at the December 11 th Work Session. Additionally, this agreement also addresses two (2) concerns that were expressed to staff during this Work Session: 1. The agreement requires the Harding Company to provide a bond for any removal work, as well as construction, maintenance or repair work. Such bond shall guarantee the faithful performance and completion of all removal or repair work in order to insure property is restored appropriately; and 2. The agreement also requires for the annual License Fee payment to be adjusted annually based on the Dallas - Fort Worth Consumer Price Index. Regarding the bond to insure property is restored appropriately, staff envisions these gas pipelines, when abandoned, to be abandoned "in place" in accordance with the requirements of the Railroad Commission. Under this scenario, property will not be damaged and this bond will not come into affect. Concerning the annual License Fee adjustment based on the Dallas — Fort Worth Consumer Price Index, staff is preparing an Ordinance for Council consideration at the January 22nd City Council Meeting that will incorporate such a fee in the City's "Fee Table Ordinance ". However, the current language in the Agreement adequately addresses this issue. The "Fee Table Ordinance" is being modified so that this fee can easily be assessed by other gas companies /operators in the future. Recommendation: To approve Resolution No. 2007 -002. 0 RESOLUTION NO. 2007 -002 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 Public Right -Of -Way Use Agreement (Natural Gas Pipeline Crossing) with the Harding Company for a Gas Pipeline between the Graham Ranch Gas Well Site and the Exxon Mobil Pipeline (southwest of Chapman Road and Rufe Snow Drive).as an act and deed of the City. PASSED AND APPROVED this the 8th day of January, 2007. ATTEST: Patricia Hutson, City Secretary APPROVED AS TO LEGALITY: George Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director Oscar Trevino, Mayor 0 PUBLIC RIGHT-OF-WAY USE AGREEMENT (NATURAL GAS PIPELINE CROSSING) The following statements are true and correct and constitute the basis upon which the City of North Richland Hills has executed this Agreement. A. Harding Company, a Texas Corporation ('Company ") wishes to construct a pipeline for the transportation of natural gas under a Public Right -of -Way. B. The City has reviewed Company's request and agrees to grant Company a license to use certain Public Rights -of -Ways in order to construct, operate and maintain a pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. 1. DEFINITIONS. Capitalized terns used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. is Agreement shall mean the authorization issued to Company hereunder to use the Public Rights -of -Ways for (i) the construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline for the transportation of Gas; and (iii) any other directly related uses of the Public Rights -of -Ways, pursuant to and in accordance with this Agreement. Company shall mean Harding Company, a Texas corporation, only and shall not include any Affiliate or third party. Clty shall mean the area within the corporate limits of the City of North Richland Hills, Texas and the governing body of the City of North Richland Hills, Texas. City Manager shall mean the City Manager of the City of North Richland Hills, Texas. Commission shall mean the Railroad Commission of the State of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Page 1 0 Development Review Committee (DRC) shall mean the internal staff review committee that includes, but is not limited to, representatives of the departments of planning and development, inspections, public works, fire, police, parks and recreation, neighborhood services, economic development, and the gas inspector. Gas shall mean gaseous natural gas, liquefied natural gas, the constituents thereof or any mixture thereof. Gas Inspector shall mean an individual designated by the city manager or any other person or entity so designated as an inspector by the city manager. Gas Pipeline Construction Plans shall mean the necessary gas pipeline construction documents that shall be submitted at time of gas pipeline permit application. The overall area within the City proposed for the construction of gas pipelines is identified in Exhibit "A ". License Area shall mean that area identified as Public Right-of-Way which adjoins the gas pipelines contemplated by this Agreement. The License Area is identified in Exhibit "B „. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form or business entity or association. Pipeline shall mean the pipeline and other facilities approved by the DRC that are installed by Company in the Public Rights -of -Way in accordance with this Agreement. Public Right -of -Way shall mean only those dedicated public streets, highways, alleys and rights -of -way in the City identified in Exhibit "B” of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Public Works Department shall mean the Public Works Department of the City of North Richland Hills, Texas. 2. GRANT OF RIGHTS. 2.1 General Use of Publlc Riohts-of-Way for Provision of Gas. Subject to the terms and conditions set forth in this Agreement and the City ordinances, the City, to the extent of its interest therein, hereby grants Page 2 r Company a license to (i) erect, construct, install and maintain its Pipeline in, under, along and across the Public Rights -of -Ways and (ii) transport Gas through the portions of its Pipeline in, under, along and across the Public Rights -of -Ways. Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the City and does not allow Company to sell or otherwise provide Gas to any Customer within the City. 2.2 Nonexcluslive, This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to grant other and future licenses and other authorizations for use of the Public Rights - of -Ways to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the same Public Rights -of -Ways that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Public Rights -of -Ways, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Public Rights -of -Ways by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Public Rights -of -Ways, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3 other Permi ,s. This Agreement does not relieve Company of any obligation to obtain other appropriate permits, licenses and other approvals from the City or other regulatory agency necessary for the construction, installation, maintenance, removal or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4 Bonds. If any construction, maintenance, removal or repair work in the License Area is undertaken by a contractor of Company, Company shall require such contractor to deliver to Company bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed by the contractor in the Public Rights -of -Ways, or $50,000, whichever amount is greater. The bonds shall guarantee (i) the faithful performance and completion of all construction, maintenance, removal or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and of all bills for Page 3 0 0 materials, supplies and equipment used in the performance of that contract; and (iii) that Company shall restore the right -of -ways affected by such cut, opening, or other excavation in a satisfactory and workmanlike manner, (iv) maintain such restoration work in a state of repair satisfactory to the City for a period of two years following the date the City approves the restoration; and fully comply with the City's ordinances governing excavation in the public rights -of -ways. If the Company meets its obligations under this Section, the City shall return the bond to the Company upon expiration of the two-year period. The bonds shall name both the City and Company as dual obligees. 3. TERM. This Agreement shall become effective on the date as of which both parties have executed it ( "Effective Date ") and shall expire at 11:59 P.M. CST on . unless terminated earlier as provided herein. This Agreement shall have an original term of five (5) years and may be extended upon Company making payment of the sum of $1,500 and providing notice of such extension, for additional five (5) year periods, on or before sixty (60) days prior to the expiration of the then existing period. 4. FEES AND PAYMENTS To C 4A. Aaplication Fee. Company shall pay the City $1,500 as an Application Fee. This fee shall be collected at the time Company both applies for a permit to construct gas pipelines within the City and submits Gas Pipeline Construction Plans. 4.2. Riuht -of -Way Uses Fee. On or prior to the Effective Date, and annually thereafter, Company shall pay the City as compensation for its use of the Public Rights -of -Ways for the Term of this Agreement the sum of Q�,$ Dollar and Seventy -Five Cents ($1.75) per linear foot of gas pipeline proposed to be constructed within the City ( "License Fee "). This License Fee shall be adjusted annually based on the Dallas - Fort Worth Consumer Price Index ( "DFW CPI "). The DFW CPI shall be effective beginning with the second annual payment of the License Fee. Company hereby acknowledges and agrees that the amount of this License Fee constitutes just and reasonable compensation for the cost to the City of administering, supervising, inspecting, and otherwise regulating the location of the gas pipeline, including maintaining records and maps of the location of the pipeline(s) contemplated by this Agreement. 4.3. Construction Plan Review Fee. On or prior to constructing any gas pipelines within the City, Company shall pay the City as compensation for Gas Pipeline Construction Plan review an amount equivalent to 2.19% of Page 4 0 the actual construction costs incurred in constructing the gas pipelines and any appurtenances thereto within the City. 4.4. Inspection Fee. On or prior to constructing any gas pipelines within the City, Company shall pay the City as compensation for inspection of gas pipeline construction an amount equivalent to 3.29% of the actual construction costs incurred in constructing the gas pipelines and any appurtenances thereto within the City. 4.5. Other Payments and Into In addition to the License Fee, Company shall pay the City all sums which may be due the City for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. All sums not paid when due shall bear interest at the rate of ten percent (10 %) per annum or the maximum amount allowed by law, whichever is less, computed monthly. If such outstanding sums are paid with interest within thirty (30) days following their respective due dates, Company's failure to pay such sums by their respective due dates shall not, in and of itself, constitute an Event of Default under Section 9 of this Agreement. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public. In this connection, Company shall be subject to, governed by and shall comply with all applicable federal, state and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF PUBLIC RIGHTS -O 6.1. CMD11ance with Lay& Ordinances, Rules nd Regulations. The City has the right to control and regulate the use of the Public Rights -of- Ways, public places and other City -owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to, City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.2. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Public Rights -of- Ways by the City and the public. If the City reasonably determines that Page 5 Is 0 is the Pipeline does place an undue burden on any portion of the Public Rights -of -Ways, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions reasonably determined by the City to be in the public interest to remove or alleviate such undue burden. 6.3. Minimal InterfemMa. 6.3.1. No_ tice. Prior to the undertaking of any kind of construction, installation, maintenance, removal, repairs or other work that requires the excavation, lane closure or other physical use of the Public Rights -of -Ways, Company shall, except for work required to address an emergency, provide at least 48 hours' advance written notice to the owners of property adjacent to the Public Rights -of -Ways that will be affected. In the case of emergencies Company shall provide notice to the affected landowners within 24 hours after commencement of work. 6.3.2. Workafte RegulaftpA. During any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. The use of such traffic control devices shall be consistent with the standards and provisions of Part Vi of the Texas Manual on Uniform Traffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Company shall plan and execute construction of the pipeline so that no flood conditions are created or worsened on the surrounding land. To minimize erosion, the excavated portion of the right-of-way adjacent to the improved portion of the road shall be restored and revegetated in accordance with Exhibits "B1" and "82" which specify the appropriate grass seed mix to be used. 6.3.3. Burial. Company shall bury or have buried its pipeline facilities at least four feet (4) deep except underneath public roads. Underneath public roads, Company's pipeline facilities shall be at least seven feet (7) below the lowest point in such road pavement. When pipeline facilities can not be bored, during backfill of the pipeline excavation, "Buried Pipeline" warning tape shall be buried one foot above the pipeline to warn future excavators of the presence of the pipeline. 6.4. "As- Built" Plans and Maps. Company, at Company's sole cost and expense, shall provide the City with as -built plans of all portions of the Page 6 0 Pipeline located in the City and the City's extraterritorial jurisdiction and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.6. Marking of PIpeline. The Pipeline shall be marked, in a manner that is reasonably acceptable to the Gas Inspector, to show conspicuously Company's name, a toll -free telephone number of Company that a Person may call for assistance and the appropriate Texas One Call System telephone number. 6.6. Pavement Coordination and Additional Fees. The City shall have the right to coordinate all excavation work in the Public Rights -of -Ways in a manner that is consistent with and convenient for the implementation of the City's program for street construction, rebuilding, resurfacing and repair. To preserve the integrity of the Public Rights -of -Ways, Company shall not cut, excavate or otherwise breach or damage the surface of any paved Public Right -of -Ways within 96 months following the construction or resurfacing of such Public Right -of -Ways unless Company obtains written consent from the City Manager, which consent shall not be unreasonably withheld, pays an additional fee reasonably agreed to by and between the parties, and restores the Public Rights -of -Ways in accordance with this Agreement. 6.7. Restoration of Public Ri ts-of -Wave and Property. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Public Rights -of -Ways, City - owned property or other privately -owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good or better a condition as such property was in immediately prior to the disturbance or damage. Company shall diligently commence such restoration within 30 calendar days following the date that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within 30 calendar days following such removal. Any private service /utility lines that are in any way disturbed or damaged by the Company's construction, operation, maintenance or removal of any of the Pipeline, shall be repaired at the Company's sole cost and expense within 24 hours. 6.8. lRelocatlon offtflne. Within forty -five (45) calendar days following a written request by the City, Company, at Company's sole cost and Page 7 0 0 r� u 0 expense, shall protect, support, disconnect, alter or remove from the Public Rights -of -Ways all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, regrading or traffic conditions; the installation of sewers, drains, water pipes or municipally - owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty -five (45) days to comply with the City's written request, it shall notify the City Manager in writing and the City will work in good faith with Company to negotiate a workable time frame. Any relocation will require that the Public Works Department, at Company's expense, approve Company's plans. It is the desire of both parties to determine such relocation within the existing Public Right -of- Way. 9.9. EmerAencles. 6.9.1. Work by the City. For purposes of this Section 6.9.1, a public emergency shall be any condition which, in the reasonable opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man- made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed reasonably appropriate by the City Manager or Fire Chief, or their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in Section 7. 1, that may occur to the Pipeline or that Company may otherwise incur as a result of such necessary response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including, without limitation, any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. Page 8 CI 0 I* 6.9.2. Work by or on Behalf of Company. In the event of an emergency that directly involves any portion of the Pipeline and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain a construction permit from the DRC and otherwise fully comply with the requirements of this Agreement. 6.10. Removal of Plipellne, 6.10.1. ComDany obligated to Remove. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Public Rights -of -Ways under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the City. Within six (6) months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the Public Rights -of -Ways (or cap the Pipeline, if consented to by the City), in accordance with applicable laws and regulations. 6.14.2. City's Right to Remove. If Company has not removed all of the Pipeline from the Public Rights -of -Ways (or capped the Pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Public Rights -of -Ways abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. 6.10.3. Restoration of Proaertya Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 6.7 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have Page 9 9 performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all reasonable costs incurred in performing or having performed such restoration work. 7. LIABILITY AND -NDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages "), which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors with respect to the Pipeline; or (iv) Company's failure to comply with any applicable federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the gross negligence or intentional misconduct of the city. 7.2. Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SMALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS 1" INDEMNI TEES "), FROM AND AGAINST ANY AND ALL DAMAGES WHICH MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (1) COMPANY'S CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (11) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (111) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (11 j COMPANY'S FAILURE TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, ACTS; OR (10 THE NEGLIGENT ACTOR OMISSION(S) OF THE CITY, ITS OFFICERS AND EMPLOYEES. 7.3. Assumption of Risk. Company hereby undertakes and assumes, for and on behalf of Company, its officers, agents, contractors, Page 10 0 subcontractors, agents and employees, all risk of dangerous conditions, if any, on or about any City -owned or City - controlled property, including, but not limited to, the Public Rights -of -Ways. 7.4. Defense of Indemni te . If an action is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City, at City's own expense. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverages as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Public Rights -of -Ways and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline, as follows: 8.'I. PrImam WNW Insurance Coverage. 8.1.1. Commercial General Liability: $5,000,400 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) prod uctslcompleted operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage. 8.1.2. Prooefly gamage Liability: $'10,000,000 per occurrence 8.1.3. Automobile Llabilltv $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non -owned motor vehicles used in conjunction with the rights granted under this Agreement 8.1.4. Workees Com ns tion: As required by law, and, Employer's Liability as follows: $1,000,000 per accident I Page 11 0 8.2. ftaulreMents a Revision to Rectulred Coverau e. The City may, not more than once every fire years during the term of this Agreement, revise insurance coverage requirements and limits required by this Agreement. Company agrees that within ninety days of receipt of written notice from the City, Company will implement all such revisions reasonably requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non - renewal or amendment, shall be made without thirty (30) days' prior written notice to the City. The policies and Certificate of Insurance provided to the City shall contain the following language: CANCELLATION CLAUSE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREFORE, THE ISSUING INSURER WILL PROVIDE 30 DAYS WRITTEN NOTICE TO THE NAMED CERTIFICATE HOLDER. 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are reasonably acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. No construction shall commence until such certificates are received. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self - insured retention limits on any line of coverage required herein shall not exceed $50,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. B.G. No Limitation of Li ill . The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULT. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default' under this Agreement: Wage 12 0 u 9.1. Bra. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. 9.2. Bankruptcy, lnsolvenc, v_ Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.3. Violations of the Law. An Event of Default shall occur if Company violates any applicable existing or future federal, state or local laws or any applicable existing or future ordinances, rules and regulations of the City. 10. UNCURED DEFAULTS AND REMEDIES, 10.1. Notice of Default and ODcortunity to Cure. If an Event of Default occurs on account of Company's failure to pay the License Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Company. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Company with written notice of such Default and shall give Company the opportunity to cure such Event of Default. For an Event of Defaul#, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. In the event the Default can not be cured within said thirty (30) days, so long as Company is acting in good faith, with due diligence to cure said Event of Default shall not be deemed an "Uncured Default. If any Event of Default is not cured within the time period specified herein and Company is not continuing to cure said Default in good faith with due diligence, such "Event of Default" shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. Page 13 i 0 I* 10.2. Remedies for Uncured Defs Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Public Rights -of -Ways as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. 10.2.2. Local Acfion Against Company. Upon the occurrence of an "Uncured Default ", the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION, 11.1. Filinas with the Commission. Company shall, upon request, provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) rules, regulations and policies requested, under consideration or approved by the Commission; and (ii) applications and any supporting pre- filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Page 14 0 Commission. In addition, Company shall provide the City with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation. 11.2. Rioht to Audit Company agrees that City shall, until the expiration of three (3) years after the termination of the final extension under this Agreement, have access to and the right to examine and photocopy all records, documents and other items that may identify the locations of pipelines relating to this Agreement or transactions relating to this Agreement. Company agrees that City shall have access during normal working hours to all necessary Company facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Company reasonable advance notice of intended audits. 11.3. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and /or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. 12. COMPANY AS INi]EPENDENT CONTRACTOR. The parties agree that Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of nespondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in wr'sting by the City, which authorization shall not be unreasonably withheld. Every transferee shall succeed to all rights and be subject to all obligations, liabilities, and penalties owed to the City by the Company or any prior transferee of the Lease, including any liabilities to the City for unpaid sums. No such transfer shall release the Lessee (or any subsequent transferor) from any obligation hereunder. 14. NOTIC S. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been deliverer! when (1) hand - delivered to the Page 15 r� 0 other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To the CITY: To COMPANY: City of North Richland Hills Harding Company Attn: Cunningham. City Manager Attn: J. w e Vice President Pipelines w�� 7301 N.E. loop 820 6211 W. Northwest Hwy., Suite C- 252 North Richland Hills, Texas 76180 Dallas, Texas 15. NON- DISCRIMINATION GOVENANT. Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNM LAW AND VENUE. This agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use of the Public Rights -of -Ways, venue for such action shall fie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort Worth Division. 18. MISCELLANEOUS PROVISIONS. 18.1. S-eyera„. If any provision of this Agreement is held to be invalid, Illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, Ie ality and enforeeabllity of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. Page 16 0 0 18.2• Force Maieure. In the event Company's performance of an y of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non - performance shall be deemed excused for the period of such Inability and for thirty (30) days thereafter. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 18.3. Headlnas not controlling. Headings and titles, other than those captions in Section 1, that are used In this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 18.4. Mtirety of Agreement. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement Is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement_ This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. 18.5. No 've . The failure of the City to insist upon the performance of any 49 provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. EXECUTED as of the later date below: CITY OF NORTH RICHLAND HILLS: By. Larry J. Cunningham, City Manager APPROVED AS TO FORMA: By: City Attorney I* Harding Cornpan , a Tex Corpora i n: By: R. -W. (Rick) Hardin Date: Page 17 0 EXHIBIT "A" Gas Pipeline Locations Within the City of North Richland Hills 0 C, r� 0 0 I I I I • I Ww I I � 4Mwli�ltw�il i �if.Adi11�� • W =■rte II �. 1 �Da�ITT Df�T'P NOMA lTli- AM won N�/�lUtlr• ♦ I rt! m I I w� awR All . we wt . pramw wll�N � I IA�intl�l�t■ W 11K II�M 1 1rw r SKTA a1�i�1AlAO� OOQA�N . N I I I I • I Ww I I � 4Mwli�ltw�il i �if.Adi11�� • W =■rte II �. 1 �Da�ITT Df�T'P NOMA lTli- AM won N�/�lUtlr• ♦ I rt! m I I w� . we wt . . � I IA�intl�l�t■ W 11K II�M 1 1rw r SKTA w auw� wu . wn �iAl�IWI aN■ VMbm Mm &nW, AM M1► W 147 LPEI 4ai�ui 14. A i PLAN SCALE 1 " a 400' HARDING COMPANY �, .� � °'w MM on EXHIBIT "A" ..rte.....,. a �y� aRAtiAM NA�u oAS tw! »I�w. � arm °A0" ■"� /� nm TAJW.W Cows M" �1t w.M m M c �M+�r�ra�•.+Mriarwua� s�rawrwt 0 EXHIBIT "B1" Gas Pipeline Locations Within Public Rights -Of -Way and Restoration and Revegetation Plan 0 r,-- s 0 (a I . I H I � • � �rodc7 y 1 I N EXIST RIP -R.4P EXIST TYPE @ HE4DM+ALL CHAPMAN DRIVE r a m II• � � II . II PYp�ellil� II II EXIST 5' WIDE CONC. I PIcor CHANNR Lot I If 100*7 II I II� • III . IIl 15X13 II N II �� PYT III Maur t a R 10.5' off II E tPr�,vwfy un II� • I H x topp s E - a _ P wv — — �r r w r r I OVE �I I II 13x13 RIsow PRffr II Nam Fm* im kw " SORE ALIGNMENT ' K NOTE: NORTH EXISTING CONCRETE RI -RAP AND CONCRETE SIDEWALK INCLUDING GRASSED AREAS DISTURBED BY CONSTRUCTION WILL BE REPLACED EQUAL OR BETTER. AND CONSTRUCTED IN ACCORDANCE WITH CITY I OF NORTH RICHLAND CONSTRUCTION STANDARDS. SCALE 1 " 50' I HARDY NG COMPANY jF If-v*oTwh En Ineffln Dort am *B* EXHIBIT ax ocn ma ONA "NAr r.#L OAS PrIum �I�1► ph!-*W �ursN °�' �"� B I c" cW N101 H r4cm m "m TANIl1NT COED ". MWM Ilki� EXHIBIT 61132" Gas Pipeline Locations within Public Rights -Of -way and Restoration and Revegetation Plan 49 i NOTE: EXISTING GRASSED AREAS dISTURSED BY ONSTRUCTION WILL BE REPLACED EQUAL OR BETTER IN ACCORD CE WITH ICITY OF NORTH RICHLAND CONSTRUCTION STANDARDS. Plw i I' 11 � aadiu" a, EX OWE LJ i saw mplff rsxm Elsctrlc seMos Vol. 840. Pp. 516 D.R.T.C. . . . - . . _1 Ld s 00*7 BORE ALIGNMENT w ° oiv9 • -• -- aw CHAP i I.oR 4 NORTH too Block 2 PLAN � SCALE 1 " ++ 50' I _ � HMDINO COMPANY gM 1 Tftn � �, , �.•. EXHIBIT "B" am- °n'°°' SPA"mmmcomprom "w. Pmmw "to ocmm B2 Cf1Y Ols NpRiH Nd#JMD E�.�,� ✓ 0 x1414in YAM W COMM. MMM ��r1�wl�rrliM�sOr �MN■s�A1 *I CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS • CITY OF 61 NORTH R/CHLAND HILLS 40 Department: City Manager's Office Council Meeting Date: 1 -8 -2007 Presented by: Karen Bostic Agenda No. F.1 Subject: GN 2007 -002 Sell 47 Shares of RoomStore, Inc. Common Stock That Was Issued to the City For Past Due Utility Bills, Pursuant to Reorganization of Company by the U.S. Bankruptcy Court When bankruptcy is filed by a utility customer, the existing utility account is made inactive and a new account is opened if the customer so chooses. When a bankruptcy filing is dismissed, the "pre- bankruptcy" amount owed gets added to the "post - bankruptcy" account to be paid. If there is not a current active account then the past due balance gets turned over to a collection agency. Until a bankruptcy filing is either dismissed or settled by a judge, the past due amount sits in limbo. In September 2000 RoomStore, Inc. filed for bankruptcy. At the time of filing they owed the City $209.82 for their July and August utility bills. Because of the bankruptcy filing the City could not take any action toward collecting the past due balance. A new account was opened in their name to be the "post bankruptcy" account. A reorganization plan for HMY RoomStore, Inc. was approved by a U.S. Bankruptcy Court on May 18, 2005. Pursuant to the plan, HMY RoomStore, Inc. issued the City 47 shares of common stock in November 2006. In December the City received a letter stating that the Board of Directors of RoomStore had authorized the Company to make an offer to purchase the RoomStore, Inc. common stock previously issued to the City. They are offering $4.25 per share which comes to a total of $199.75. As of October 31, 2006, the "book value" of RoomStore stock was $4.77 per share. If Council agrees to sell the stock, we must have all documents to RoomStore by January 15, 2007. It is believed that the offer of $4.25 a share is fair and will allow Roomstore to settle the debt owing to the City. Recommendation: Authorize the Mayor to sign the transmittal letter agreeing to sell 47 shares of RoomStore, Inc. common stock at $4.25 per share. 0 w THERooMStore FURNITURE November 10, 2006 Dear Shareholder: Welcome to the RoomStore! We are pleased to send you the enclosed a stock certificate. This certificate shows the number of shares of common stock of RoomStore, Inc. owned by you or your company. Please keep this certificate in a sate place. This stock has been issued pursuant to the plan of reorganization of HMY RoomStore, Inc., which was approved by the U.S. Bankruptcy Court (Eastern District of Virginia, Richmond Division) on May 18, 2005. This plan became effective on .tune 1, 2005. This is an exciting time to be a part of the RoomStore. RoomStore now has over 2,200 employees working in 70 locations in 9 states. We have opened 3 new stores this year, and we hope to continue the positive growth and development of our company. Please visit our public website at xvww. room store. coin to learn more about our products and store locations. Also enclosed is a contact information form. Please complete and return this form as soon as possible. Information about the RoomStore will be provided to our shareholders via a secure website, and we need your e-mail address to provide access to this website. Sincerely, Curtis C. Kimbrell, III President and CEO 0 -t a{< �'•�. '� � .- �' .. z. _':. �5 .....•�1 �i � t -, . �,�y {`r`t'. /'.' � _ _ +�1��(.[ti �'�?f - J...r. i► "i •;<e.� fl�f.r.�• 1�� I+ -.. � -r/ � �' � •f �� /�'�'� :rte. '�� .� - r / yNy r ,�IA� �li M/ A� �lµ - . � 'Y' • .-'`r� .3� y ��4 ,i' ��v,. ,! ' �, .rij � � �, � � ` . \'� .. till -- : /i '\ �- r ` °'�jlllil .t; .✓/t! \�-• *� �� /rte /,.1,,� � %g�� W7 77 y 56 ° rI�6.� . T'ii �.�n... :. we'Sr► i y1 `c_ 3�'eh ' - �S %�j' * •! va Avg. FURNITURE 1 .. __ • .� •__ —__ � -yes .�'' '�-- -, F',�Z.. ASIA •H';y ' INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA CUS IP 77638R 10 8. s E This Certifies that 6100 —RS — 0000111 CITY OF NORTH RICHLAND HILLS * * *•� * * *47 * ** *� * * *• * * ** z- PO LOX 961092 s' FORT WORTH TX 76161 1092 * * * * * * * * *47 * * * * * * * * ** y Go C1 is the owner of —FORTY SEVEN — FULLY PAID AND WOvASSESSABLE SHARES OF COMMON STOCK, PAR VALUE 50.01 PER SHARE OF a; rr ROOMSTORE, INC. hereinafter called the "Company transferable on the books of the Company by the holder hereof in person, or by duly authorized attorney, on surrender of this certificate properly endorsed. This Certificate is not valid until countersigned and registered by the Transfer Agent and Registrar. i _ .• WITNESS the facsimile seal of the Company and the facsimile signatures of its duly authorized officers_ CL DATED: m z o c i rn ? _ n { i CORPORA IE SLCRL AM y ��f111II��`� «'RESIDENT AyO CHIEF EJ(ECJTIVE OFFICER i t �11i11 *.tiA \`� �� :yr�� / %r• - lill � � . ' � � \ '_ / 11 t'\\ �� // �� ` \� � ;r � 1 ' : ti \\ �" � / /// �f1 jH � \ \� ` �i / „ i !Ir �� ' . �,•.�\t` i yl ��, ,w�\� \� G,��i�ir. -• �r If ti! �, w.\�� Y /� /iiA• lily! --�\\ a 1 � �\'\ ! G �" � 11111, _,�` �, . i /ire Il) � \\ . / /ir 1) �" -- !i+ _ t I) �,. \... �. � /h,... 1 , - \�� !, -• J° '''SlC�rH ., !N 11 �`1r., � vl/ '�1 1 -�r� \�� "`, �j I ..�� ,. �i lip �� _ �1� �ltr hl .. +' �? f � � � �.0 �� .. y�,, �Xl+ 1�! � it +., ��ST�iI (" - w as •� ` }' °�eq . � � - t `` ..:r►�i f y rK. _ ` �' ,.� : J �� l� . 0 n u s Brian D. Bertonneau Phone: (804) 784 -7643 bbertonneau @roomstore.com Fax: (804) 784 -7653 December 13, 2000 C IT"r' O NORTH RICHLAND I-IIL.LS PO BOX 96109? FORT WORTH, TX 76161 -1 092 Dear SharelaoldCr: The Board of Directors of RoomStore. Inc. (the "Company ") has authorl /cd the Company to make Vou an offer to purchase your RoomStorc, Inc. common stock at a price of four dollars and twenty -flee cents ($4.25) per share. 'This offer is extended to all shareholders of record owning less than 1,000 shares of common stack as of December 1. 2006. The purpose of this offer is to reduce the IlUmber of IZoomStore shareholders to less than 500. if there are fewer than >00 shareholders as of February 28, 2007, then RoomStore «-i1) be continue to be exempt from the federal secul-ities klVVS that are applicable to public companies. As described in the enclosed documents, there are substantial burdens and casts assoc;IACCI With public; company status. Additional information and instructions regarding tills offer arc attached. if you choose to accept this oft" r, please complete and return: 1. Letter of Transmittal; ?. Stock Certificate, and �. :Substitute Form ��' -9 to confirm that you are not subject to backup withholding. 4 Your response is required no later than January 15, 2007. Sincerely. k jo Brian D. Bertonneau Senior VP and General Counsel Enclosure l� J TERMS OF OFFER and ADDITIONAL. INFORMATION 'I'his document provides the basic terms of the offer to purchase \-our shares (the -Offer -). as Well as some additional information. Please read it carefully. kVe are not making an\ recommendation regarding whether you should accept this Offer and tender \-Our shares. You must make your own determination regarding the Offer. This transaction has not been approved or disapproved by the Securities and Exchange Commission or any state securities commission, nor has the SEC or any state securities commission passed upon the merits or fairness of this transaction or passed upon the adequacy or accuracy of the information contained herein. Any representation to the contrary is a criminal offense. No person has been authorized to make an\- recommendation on our behalf as to whether you should tender your sliares pursuant t0 this Offer. No person has been authorized to gig e attar information ill connection with this Offer other than the information contained] herein. BASIC TERIN9S [ -J (,'ibifil.v YOU must be a shareholder of record as ol' December 1. 2006. I ht' (111c'r: kVe are offering, tO purchase. for cash. all shares of common stock held by shareholders having less than 1.000 shares ofcomrllon stock. EliLible shareholders must tender all of their shares for purchase. he Price: w'e will pay four dollars and twenty-five cents ($4.25) for each share of common stook that is properly tendered to Rl oniStore. lnc. C *ontfi/ioll This 011er is expressly conditioned On Our- receipt of tenders from a sufficient oj'011�1-: number of shareholders so that the total number ot' remaining shareholders of' record will he less than '5010. This condition may l.v waived incur sole discretion. Pill wIt'll/ Payment will be made by company check prompt1\1 after the effective date. \vliich we anticipate will be January ;1. 2007, unless extended. 1,1111N)se: Pursuant to the• Bankruptcy Reorganization Ilan ol' RoomStore. and pursuant to applicable securities laws and reLulations. if" reorganized ROomStorc has fe \,Ver than 500 shareholders Of record as of* 1 chruary 28. 2007. it Will cc�rltinue to he exempt from re`istrallon and reporting recluirc•rncnts under federal securities laws. 1s'r rc• u1t. \\c \\ill 110t he recluirecl to file• peri�rclic,rnci annual rc•pc�rts with the SF.C. or he suhjCet to ether SVV rule, and rq,,ulations. ineluLiin(! the Sarhanes- Oxle\ Acct ol' 20�O2. I* L r -I L:xlurution 'Phis Offer %vill expire at 5:00 p.m. ( Eastern Time) on January 15. 2007, unless Dale. extended. kVe must receive \ -our completed documents and stock certificate on or before the expiration date. Ejkctive Assuming that the Offer is not extended, all tendered stock will be transferred Data: effective as of' January 31. 2007. (_'osi cal ,Assuming the Offer is fully subscribed, the total cost to us of purchasing the tendered shares in the Offer Would be approximately S42 1,2(A. This an110unt does not include our expenses associated with the Offer (printing and mailinu, legal fees, and miscellaneous expenses). estimated at $35(x). We intend to pay for all validly tendered shares, as well as for the costs and expenses of this Offer, with available working; capital. 1 tkel of If you tender your stock to us pursuant to the Offer. then \,ou will no longer be a Tender: shareholder of RoomStore. I nc:. . No D--ling RoomStore. Inc. common stack is not listed or quoted on any- exchange or quoting Afarkev service and there is no public market for trading our stook. and we do not expect that an\- trading market will develop in the toreseeable future. Accordingly. the Offer is unlikely to have any material etfect on the market for our stack. Fairness We have not engaged any person or entity to issue• a "fairness" or similar opinion Review: with respect to the Offer. The ( )tfer is Voluntary- \Vc belicve that 54.25 per share is a fair price to pa\- for the stock. hosed on scverrl factors which are discussed below. . Relection We reserve the right to reject all\ tenders ot'shares that are not in proper corm. Rights: that are not in compliance with all of the offer terms, or that are not accompanied by properly executed documents. Relvesew- A tender o1'shares by you will be treated as a representation that you (a) are crtions: tendering all of your shares. (b) that you are the owner of the shares free and clear of any liens or ether encumbrances. and (c) that you have the requisite authority to sell the tendered shares to us. Icl.r +I'he receipt of cash in exchange fir \ our shares ol'stock may be a taxable Nwies'. transaction depending on \ our "basis" in the shares. YOU are urged to consult a qualified tax accountant regarding these issues. is ADDITIONAL. INFORMATiON Purpose for the Offer. Over the past several years, the cast, complexity and burden of being a reporting company under federal securities la\%s have increased substantially. As a reporting company, \%,,e «would need to register the company, and thereafter file annual and quarterly reports with the Securities and Exchange Commission (SEC). The management time needed to register the Company and then to prepare and file the required reports is considerable. Outside, professional advice would also be needed, at considerable expense. In addition, the Sarbanes -Oxley :pct of ?OU2 imposes even greater obligations oil reporting companies. '[his relatively new lim requires substantial testing of internal control systems and other procedures, documenting and improving these systems and procedures. and properly disclosing this information. Aniong other things, compliance with the Sarbanes -Oxley Act would require substantial increases in annual ZICCO1I11tin '. legal and insurance costs. and would impose substantial demands on our• nlanagCment. W'e belleve that the annual casts associated \\ ith being a reporting company are disproportionate for a company of our siZC- Thus. We lUIVC concluded that this offer is an efficient and effective way to reduce the number of RoomStore shareholders to less than 500, I Laving less than 500 shareholders of' record means that RoomStore \\ ill continue to be exempt from the registration and reporting requirements under federal securities laws. If we do not receive tenders prier to the l: 0 In reaching our determination that the Offer is fair to all eligible shareholders, %ve considered all factors as a whole. and did not assign specific weights to particular factors. None of the factors that «ve considered led us to believe that the offer is unfair to eligible shareholders. Company Financials Vote have set up a secure website (through a third party) where v e have posted certain financial information about the company. Soltle of N'ou may have already registered for this website. and have accessed tile* information. Ifyou would like to access this site, please send in the shareholder contact information form that was included in the first mailing to you. To speed up the procedure for accessing this website, you may also call or e -mail Brian Bertonneau (set contact information below) and give him your e -mail address. Additional Information In you have an \- additional questions, please contact: Brian 1). Bertonneau Senior VP and General Counsel RooniStore. Inc. 1250 1 Patterson Avenue Richmonil. A�"A 23238 Phone: (804) 784 -7043 Fax: (804) 784-76-5 I_: -mail: bbertonneaLva room store. com 0 Instructions for Tendering Shares to RoomStore, Inc. Name on certificate: CITY OF NORTH RICHLAND HILLS Address of record: PO BOX 961092 FORT WORTH, TX 76161 -1092 Number of shares: 47 Total buyback offer at $4.25 per share: $199.75 If you would like to sell your shares to RoomStore, Inc. for the amount of the offer, please read the Terms of Offer and Additional Explanation, and then do the following: 1. Complete and sign the Transmittal Letter. is2. Retrieve your stock certificate (you do not have to fill in anything on the back). 3. Complete and sign the Substitute From W -9 to confirm that you are not subject to backup withholding. 4. Mail or convey the transmittal letter, stock certificate, and completed Form W -9 to: Brian D. Bertonneau RoomStore, Inc. 12501 Patterson Avenue Richmond, VA 23238 NOTE: These documents must be mailed with sufficient time to be received by January 15, 2007. I CI TRANSMITTAL LETTER To: RoomStore, Inc. 12501 Patterson Avenue Richmond. VA 23238 Attn: Brian 1). Bertonneau Via: US ?fail, Hand- Delivery, or Overnight Delivery Service Ladles and Gentlemen: T'he undersigned hereby agrees to sell and tender to RoomStore, Inc., a Virginia stock corporation (tile "Company-), all of the undersigned's shares of common stock of the Company, as described below and evidenced by the share certificate(s) enclosed with this tender. These shares are being tendered pursuant to the C ompany's `I'errns of Ol er and Additional Explanation. receipt af' which is hereby acknowledged. I (we) hereby represent and warrant that 1 («,e) are tendering all of the shares of the Company that I (we) own. that I (eye) have full authority to tender and convey the shares shown below. that these shards are free and clear of any liens or encumbrances. 1 (we) hereby irrevocablx- constitute and appoint Registrar and Transfer Company. its my attorney -in -fact in its capacity as the Company's transfer agent. with full power of' substi tilt ion, to present st.lch certificates for cancellation and transter of tale tendered shards oil the Compan }''s books in exchaczje far the payment of the purchase price by the Company. all in accordance c\ith the Ternis ol' the Offer. B,,-: Signature(s) of 0w *ner(s) Printed Name: Title: Date All joint owners must sign. Il'signed h\ trustees, attorneys -in -tact, otiicers of a corporation. or others actin; in it fiduciary or representative capacity, such persons should so indicate when signing.) Note: «When this Letter of]"ransmitta) is signed by the owner(s) ofthe certificates listed and transmitted, no endorsements of certificates icates car separate stock jv ers are required. ...................................................................................... ............................... Narne cif' Shareholderts): :address of Record: Stock C'c•rtificale Number: Nun1her of Shares O\\ned: i is 0 SI11iSTITUTE FORM W -9 PAYER'S NAMF: ROONISTORE. INC:. (SH: 1NSTR14-TIONS BULON ) SU&STITU'i'E PART I - PLEASE I'ROVII)l: YOUR TAX SOCIAL SECURITY NUMBLR OR FORM W-9 PAYER IDENTIFICATION NW%4BI:R lip EMPLOYER IDENTIFICATION NUMBER THE BOX AT RIGHT AND CLR- WN, BY SIGNING AND DATING 131 E.0%k' PART ? - ❑ Check the box if you are NOT subject to withholding tinder the provisions of section 3406(a)(1)(C) ofthe Internal Revenue Code because (1) �'ou have not been notified that you are subject to backup «ithholding as a result of failure to report all interest or dividends or (2) the Internal Revenue Service has notified you that you are no longer subject to backup withholding; CERTIFICATION -- UND1:R THE PENAL ral's U1- PE:RJURY. I CFR- f'lf'N' THAT T-EIf'. INFORMATION PROVIDED ON THIS FOR.N1 IS TRUF. CORR[ICT AND CON111I.i:1-F. S16NAT-URF: DATE` NOTE: FAILURE TO COMPLETE AND RETURN THE AI30VF 1=ORN1 N1AY RESULT IN BACKUP WITHHOLDING OF ?800 ()F ANY PAYNIEN I'S MADE TO YOU PURSUAN°.I .T.O THE' OFFFR. PLFAS1: RFVIF- W -i'Hf INSTRUCTIONS BI'LOW. Under federal income• tax km. a shareholder \\ hose tendered shares are acccptecl for payment is required by law to provide RoomStore(a` paler) \%ith his or her correct taxpa\er identification number. which is accomplished b\ completing and sifning the "Substitute Form W -9 above. If We are not provided %%ith the correct taxpayer identification number. the shareholder ma\ be subject to a pen.alk imposed hv the Internal Revenue Service. In addition. except in the case of certain exempt ta\pa%ers. %\e \t ill be required to %% ithhold. and will withhold. 28°o of the gross proceeds paid to that shareholder pursuant to the offer. unless the shareholder provides us with his or her taxpayer identification number, certifies that such number is correct. and certifies that he or she is not subject to backup withholding tinder Section 3406(a)(1)(C) ofthe Internal Revenue Coda of 1986. as amended (the "Code "). The taxpayer identification number is the social securltNr number or employer identification number ofthe shareholder or other payee. Fach wrxlerim shareholder 0lotild Complete and sign (lie "Substitute I orm fib' -9" and check the box in part 2 of Substitute form W -9• if so eligible. in order to pro%ide the information and certifications necessary to avoid backup withholding, You may be. or m,-t\ have been. notified that sou are subject to backup withholding tinder Section .3406 (a)( I )(C) cif the Code because you lime underreported interest or dividends or you \%ere required to but flailed to file a return \% Inch would lime included a reportable interest or die idend pad menu If you have been so notified and you have not received a subsequent notice from the Internal Revenue Ser%ice advising you that backup %sithholding has been terminated, you must strike out the l:ant;uage on the Substitute Form W -9 certifying that you are not subject to backup withholding. If you are subject it) backup ce ithholdin4g, and \ou strike out the lan ua � urt the Substitute W -9 certify in_� that ��u arc nc►t subject to backup �� ithholdinz�. ou should nonetheless pro\ ide \ otir torrent taxpa\ er idenIIf icaIIoii number I u. and certif'\ IImt it is correct. Exempt shareholders t including. amonv others, all corlioratk►ns and certain 101-e+iin indk iduals) .tre not subject to the,,e h,tcktth c% ithholding, and reporting, teLluirrntcntti. Ll n u CITY OF NORTH RI CHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 1 -8 -2007 Agenda No. F.2 Subject: GN 2007 -003 Appointment to Library Board - Place 1 With the resignation of Ms. Polly Brinkley from the Library Board, the Place 1 position is vacant. Mayor Pro Tern Lewis is recommending the appointment of Mr. Don Tipps to fill the vacancy. Mr. Tipps lives in the south quadrant of the City and served for many years on the Parks and Recreation Board. The term of office for the Place 1 position expires June 30, 2007. Recommendation: To consider the appointment of Mr. Don Tipps to Place 1 on the Library Board, term expiring 6/30/2007. 0 CITY OF NORTH RI CHLAND HILLS Department: City Secretary Presented by: Councilman Sapp Council Meeting Date: 1 -8 -2007 Agenda No. F.3 Subject: INFORMATION AND REPORTS - Councilman Sapp Announcements The Neighborhood Services Department is holding a community workshop at 6 p.m. on Tuesday, January 16, to inform residents about the new Neighborhood LOOKS Program and other Code Enforcement initiatives. The workshop will be held in the City Council Chambers. For more information, please call Neighborhood Services at 817- 427 -6550. The Parks & Recreation Department and the Birdville Council of PTA's will host a Growing Great Kids Parenting Seminar at the Recreation Center on Saturday, January 20. The seminar is free. Pre - registration is required. For more information, please call the Recreation Center 817- 427 -6600. At the end of February, Citicable NRH will be moving from Channel 7 to Channel 27. According to Charter Cable, the channel change will be made on, or before, February 28. Citicable will continue to broadcast our City Council Meetings and other NRH programs when it moves to Channel 27. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Rebecca Vinson, Teen Court Coordinator, Municipal Court A call was received from the mother of a Teen Court participant. She said her son had recently completed his Teen Court assignments and she commended Vincent for being very professional and working well with all the participants. The parent was very pleased with the level of service she received and how her son had been treated in Teen Court. CITY OF . NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1 -8 -2007 Presented by: Agenda No. F.4 Subject: Adjournment • •