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HomeMy WebLinkAboutCC 2008-10-13 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, October 13, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-112 Public Art Design for the Grand Ave Park Plaza (15 Minutes) A.3 IR 2008-111 Discuss Cities Aggregation Power Project Long Term Power Contract (30 Minutes) A.4 IR 2008-110 Presentation on New City ID Cards (5 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite C.0 Adjournment ~;Prtifir_atinn do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 10, 2008 at ~'.2 C`~,~Y~o ~~ } ,~ ~ ~ Y~ ~.~ ,, ~,~ sis ~ nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. October 13, 2008 -City Council Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, October 13, 2008 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ 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 at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Sapp A.2 Pledge -Councilman Sapp A.3 Special Presentation(s) and Recognitions) -Proclamation 2008 Red Ribbon Week presented by Councilwoman Compton A.4 Special Presentation(s) and Recognitions) -The Keep NRH Beautiful Litter Not Adopt- A-Spot Program and Volunteers presented by Councilman Lewis A.5 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.6 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS October 13, 2008 -City Council Agenda Page 2 of 4 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 September 22, 2008 City Council Meeting B.2 RP 2008-03 Consideration of a Request from The Glory Chinese Baptist Church to Approve a Replat of Lots 1 and 2, Block C, College Hills Addition (Located in the 6100 Block of Holiday Lane -8.8379 acres) B.3 RP 2008-10 Consideration of a Request from C.W. Rogers Real Estate Investments to Approve a Replat of Lot 1-R, Block 1, Town & Country Estates Addition (Located at 8409 Bedford-Euless Road -0.78 acres) B.4 PU 2008-029 Authorize Payment to Motorola for Radio Maintenance Agreement C.0 PUBLIC HEARINGS C.1 ZC 2008-06 Public Hearing and Consideration of a Request from Victor Noble and Barry Walling to Approve a Zoning Change from R-3 to R2 (0.894 ac); AG to R-2 (0.784 ac); and C-1 to R-2 (1.943 ac) (Located in the 8200 Block of Sayers Lane) -Ordinance No. 3023 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2008-04 Consideration of a Request from Victor Noble and Barry Walling to Approve a Final Plat of Lots 9-13, Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Lane - 3.621 acres). D.2 FP 2007-08 Consideration of a Request from Cary Clarke Homes to Approve a Final Plat of 33 Lots in the Highland Park Addition (Located in the 9200 Block of Amundson Drive - 6.717 acres) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008-099 Appointments to Keep NRH Beautiful Commission -Place 1 & Alternate F.2 GN 2008-096 Adding a New Subsection 34-33(27) Declaring Dead Trees to Be a Public Nuisance -Ordinance No. 3021 October 13, 2008 -City Council Agenda Page 3 of 4 F.3 GN 2008-097 Amending Chapter 14 Article XII to Restrict the Tethering of Dogs - Ordinance No. 3022 F.4 GN 2008-098 2007/2008 Bryne Justice Assistance Grant Program Award Interlocal Agreement -Resolution No. 2008-053 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 Adjournment All items on the agenda are for discussion and/or action. rArtifirratinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 10, 2008 at ~ i;2,~C~~~~ r.... F tt (^J i ~ M~`~ As ist nt ity ecretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. October 13, 2008 -City Council Agenda Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, October 13, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008-112 Public Art Design for the Grand Ave Park Plaza (15 Minutes) A.3 IR 2008-111 Discuss Cities Aggregation Power Project Long Term Power Contract (30 Minutes) A.4 IR 2008-110 Presentation on New City ID Cards (5 Minutes) B.0 EXECUTIVE SESSION -The City Council may inter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-112 Date: October 13, 2008 Subject: Public Art Design for the Grand Ave Park Plaza The approved 2008/09 Capital Improvement Program includes funding for public art within the Grand Ave Park Plaza. Design of the plaza has been completed and construction documents are being finalized which will include engineered piers to support the public art installation. At the March 24, 2008 Work Session, Council supported staffs recommendation of Barbara Grygutis for the public art commission. The selection of the artist was based on her qualifications and portfolio of more than 50 public art commissions throughout the United States and Canada. After being selected for the public art commission Barbara toured North Richland Hills and visited the site to gain an understanding of the space and context for the art work. She also visited with several staff regarding the development criteria. • The sculpture should visually signify the arrival into the HomeTown NRH Development area and be site specific to the park plaza and surrounding facilities • The sculpture should be a lighted piece that extends out beyond the park • The sculpture should be easy to understand and non-controversial • The sculpture should be artistically well designed and compositionally fit the space • The medium selected must be in context with the surrounding architecture Based on the information gathered Barbara has designed a work of art entitled "Weather". The art work is designed to "invoke the many thoughts and feelings associated with the variety of weather patterns and the influence which they exert on our daily lives. The work is designed to be a focal point for the park and have long range visibility from all directions. At night the work of art will glow. The sculpture will be illuminated from within and will become a long range beacon. It will bring liveliness to the park and create a festive atmosphere. The light is not reflective, but rather luminous in quality. " ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ The work of art, a triangular glass tower, will be approximately 20 feet tall and fabricated in Germany. The sculptural tower flares at the top. A structural aluminum frame will hold the glass together. The work of art will be engineered and stamped by a registered engineer in the State of Texas. The work will conform to all existing structural codes. A brief presentation of the public art design including a model will be presented by staff. Although unable to attend the meeting, Barbara Grygutis will be available via a telephone conference call to discuss the artwork and answer questions from Mayor and Council. Staff is seeking Council input and direction regarding the design submission for the artwork at the Grand Ave Park Plaza. Respectfully Submitted, Vickie Loftice Director of Parks and Recreation INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2008-111 Date: October 13, 2008 Subject: Discuss Cities Aggregation Power Project Long-Term Power Contract The City of North Richland Hills was approached, as well as other Cities Aggregation Power Project (CAPP) members, about our interest in buying capacity from a power company to gain electric cost savings over a 24-year period. Below is an executive summary followed by the full report on this project. Several cities have already decided to participate with many others considering participation over the next week or two. City staff has reviewed this and want to discuss with Council to receive your input, thoughts, and direction. Executive Summary The City of North Richland Hills is a member of the Cities Aggregation Power Project ("CAPP"), anon-profit political subdivision corporation aggregator. Created in 2001 in anticipation of the deregulation of the Texas retail electric market, CAPP pools members' electric power needs in order to negotiate lower, more stable prices through bulk purchasing. CAPP has entered into a Power Purchase Agreement ("PPA") with Luminant Generation Company LLC, Big Brown Power Company, LLC and Oak Grove Management Company, LLC (collectively, "Luminant") for approximately 150 MW of base load power from seven different units over a 24-year period. The source of the capacity commitment and energy will be provided from 7 units at three different locations with equal percentage energy from each unit. Two of the seven units are under construction and will incorporate best available technology. The five remaining units will be upgraded environmentally with no adverse impact on contract price. CAPP will hold a first lien position on all generating assets (nuclear, gas and coal) on an equal basis with other creditors. The long term contract will allow for additional investment by Luminant in lignite coal burning facilities. CAPP has entered into the contract on behalf of all CAPP members and South Texas Aggregation Project ("STAP") members that are willing to be allocated a portion of approximately 150 MW of power. This amount of power equals about 60% of ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ participating members' power needs for 2009. The portion of the 150 MW allocated to each city will be based on the members' percentage of energy needs compared to the overall energy needs of participating cities. Since the PPA will cover about 60% of the cities power needs, the remaining 40% of power needs will be covered by a "wrap" contract very similar to how we have been buying power for the past six years. CAPP will issue bonds to raise the capital necessary for the prepayment of three-fifths of the total contract price of the PPA. The prepayment amount will be between $400 million and $525 million. The bonds will be backed by the individual cities property taxes via a Member Contract for each participating CAPP member. The monthly amount paid for electricity will include a debt service payment as well as an energy consumption component. The estimated savings in 2009 from participating in the PPA for North Richland Hills is $191,824 when compared to estimated market prices. Pros • Presents an opportunity for savings in the future on electrical costs • Provides for cost predictability and stability during budget process • Predicted savings of nearly $100 million for LAPP cities over the next two years • Savings of nearly $1 billion for CAPP cities over a 24-year contract period • CAPP's aggregation allows for joint purchasing from the wholesale market Risks • Bankruptcy of Seller • Governmental assessments on emissions or greenhouse gases • Early termination of the PPA that leaves CAPP owing more than what assets are worth • Legislatively mandated changes to the energy market structure • Restructuring or refinancing by Seller that leaves CAPP with collateral of lesser value • Deliberate non-delivery by Seller of contracted power such that payment of liquidated damages to CAPP for replacement energy potentially exceeds the cap on damages provided in the PPA forcing CAPP to declare early termination of the PPA • Failure by one or more participating members to appropriate or pay amounts owed for power delivered under the PPA forcing Seller to declare CAPP in default and terminate the transaction • Technological advancements/availability of inexpensive natural gas Questions we would like to have direction on are: • Because City tax dollars will be used to secure the debt, this will impact our debt capacity. Is Council comfortable dedicating approximately $4 million in debt capacity to this project? • Is Council willing to go forward with this project with no guarantees of savings beyond 2009? • Is it acceptable to Council that the plants generating the power use lignite when the trend is toward more renewable energy sources? • Does Council want to be on the cutting edge with a project like this? • Does Council think the benefits of participating in this project outweigh the risks? • Does Council want to participate in this project? A report with more detailed information follows. We look forward to discussion with you on this matter at the October 13 Council worksession. A decision on whether or not to participate in the PPA will need to be made by November 5, 2008. Respectfully Submitted, Karen Bostic Assistant City Manager REPORT ON CAPP LONG-TERM POWER CONTRACT Introduction The City of North Richland Hills is a member of the Cities Aggregation Power Project ("CAPP"), anon-profit political subdivision corporation aggregator. Created in 2001 in anticipation of deregulation of the Texas retail electric market, CAPP pools the electric power needs of its members in order to negotiate lower, more stable prices through bulk purchasing. CAPP is run by a Board of Directors comprised entirely of city employees and city officials on a volunteer basis and is made up of 110 political subdivisions. Since its inception, CAPP's main objective has been to collectively address electric purchasing issues for its members in the deregulated electric market. CAPP and its sister political subdivision corporation aggregator, South Texas Aggregation Project, Inc. ("STAP") have more than 150 political subdivision members that purchase in excess of one billion kWh of power annually. Together CAPP and STAP have saved members more than $100 million since the Texas market deregulated. Although member savings are significant, the price volatility in the market makes it difficult to accurately budget for power expenditures from year to year. This is because power contracts made available to retail customers like CAPP are priced as if the energy is produced exclusively from costly natural gas-fired plants, even though the power most likely is generated using less expensive fuel such as coal. In addition to being expensive, natural gas prices have been rather volatile over the last several years. For several years the CAPP Board and CAPP consultants have pursued efforts to find a fixed price, long-term contract for at least a portion of CAPP's electric energy needs to bring some sense of stability to the annual budgeting process for members and to achieve pricing that consistently stays below market prices. On July 31st the CAPP Board unanimously approved proceeding with along-term Purchase Power Agreement ("PPA") with Luminant Generation that will supply a portion of participating CAPP members' power needs for 24 years beginning January 1, 2009. CAPP's consultants forecast that savings for participating LAPP members will exceed $1 billion over the life of the contract when measured against market prices for electricity based on natural gas prices. Indicative market prices for 2009 confirm more than $25 million in savings for members participating in the long-term contract next year. The LAPP Board's recommendation and belief that the long-term contract will result in lower prices for electricity and member savings was made after carefully weighing the benefits and risks of this transaction. All CAPP Board members are city officials or city employees. The benefits and risks inherent in the long-term contract will impact our respective municipalities. The CAPP Board endorses participation in the long-term contract as the most economically attractive alternative despite these identified risks The decision whether to participate in the long-term contract must be made by individual CAPP members on or before November 5, 2008. The information below has been provided by the CAPP Board explaining the various components of the long-term contract. CAPP Long-Term Power Supply for Participating Members It is anticipated that the portion of energy provided under the long-term Purchase Power Agreement ("PPA") will not only drive the overall average cost of power below market prices for members of LAPP that choose to participate, but also the PPA will add price stability to volatile market prices which are based on the price of natural gas. Under the PPA, CAPP will contract with Luminant Generation Company, LLC and several of its affiliates for 150 MW (to be adjusted up to 175 MW or downward depending upon member participation) of base load capacity and electric energy. The energy from the base load capacity will be delivered for CAPP's use from seven generation units at three different sites. The energy to be provided under the PPA will supply a portion, but not all, of each participant's future energy needs for up to 24 years. Specifically, the PPA is designed to serve the recent historic base load (around the clock, always on) electric needs of participants. This amounts to approximately 150 MW, or about 60 percent of participating members' power needs in 2009. An additional supply agreement (referred to as the "wrap" agreement) of a more traditional one to four year period will be pursued by CAPP in a continuing effort to ensure that all members have adequate power whenever needed, regardless of the amount needed. CAPP will enter two different supply agreements and will contract with a Retail Electric Provider ("REP") for billing and other customer services. One supply agreement will be the long-term PPA, described above. The second supply agreement, the wrap agreement, addresses all remaining supply needs in excess of the base load power provided under the PPA. The wrap agreement also provides power that would otherwise be supplied by the PPA, when the PPA generation units are not adequately producing either because of voluntary outages (scheduled maintenance) or forced outages (unexpected or emergency shutdowns.) The contract with the REP will provide for delivery of the power from the two supply agreements to individual meters. Ordinance Approves Participation in CAPP Long-Term Power Arrangement To participate in the long-term power arrangement, CAPP members must pass an ordinance. The ordinance commits the member to purchase electric power to satisfy a portion of its annual energy needs through the CAPP long-term PPA for up to 24 years. The ordinance also approves the Member Contract between CAPP and the individual member. Long-Term PPA CAPP's long-term PPA is aunit-contingent contract with the three subsidiaries of the old TXU Generation Company (now Luminant) that own seven units at three sites. The 150 MW of base load power will be provided on an equal percentage basis from the seven units. The PPA is conditioned to the leveraged buyout ("LBO") financing package that took TXU from a publicly traded company to a private company. Under that financing package, Luminant is authorized to make the long-term PPA agreement with CAPP, and to offer CAPP first-lien security interest in all generation and other competitive assets of Luminant and TXU Energy on an equal basis with the secured lenders to the LBO. In addition, CAPP will have a separate guaranty from Texas Competitive Energy Holdings ("TCEH"), the parent company to the affiliates (collectively referred to as "Luminant") that will supply the power under the PPA. CAPP Member Contract The CAPP Member Contract is the contract between CAPP and each individual member taking power pursuant to the long-term PPA. The primary purposes of the Member Contract are: (1) to assign energy from portions of the PPA base load power and the associated debt service under the PPA to each participating member; and (2) to guarantee to bond holders that the debt will be paid. The second purpose will be fulfilled by the Member Contract which provides a claim against the ad valorem taxing authority of the political subdivision in the event of non-payment of the assigned debt service obligation. CAPP's Prepayment and Long-Term Contract Pricing Prepayment by CAPP and Ad Valorem Tax Pledge by Members The PPA requires that CAPP prepay three-fifths of the total contract price. CAPP will issue bonds to raise the capital necessary for the prepayment. The prepayment amount is likely to be $400 million to $525 million, depending upon how much of the offered 150 MW is committed to participating members. CAPP will issue bonds on or before December 23, 2008, and the bonds will be backed by the individual Member Contracts of each participating CAPP member. The ad valorem tax pledge included in the Member Contract and approved by the participating members' individual ordinances serves as security for the bond holders that participating members will meet their debt service obligations over the life of the PPA. Price Components per kWh for Participating Members Price for power delivered under PPA: The initial wholesale price for the portion of electricity delivered pursuant to the long- term PPA will be approximately 5.6¢ per kWh in 2009. • Approximately 3.5¢ of the 5.6¢ wholesale commodity price represents the member's allocated debt service obligation payment for the capacity amount prepaid by CAPP. This price will remain virtually the same for the I ife of the PPA. • The remaining 2.1 ¢ of the 5.6¢ wholesale commodity price pays for the remaining energy delivered by Luminant that has not already been prepaid. (For ease of reference, this will be described as the "energy component.") The energy component price escalates over the life of the contract as described below. Fixed. Predictable Escalation Over the Life of the_ PPA: The energy component price (the 2.1 ¢ price of the initial 5.6¢ price) will escalate by three percent (3%) each year over the life of the contract. This equates to approximately one percent (1 %) annual escalation of the 5.6¢ per kWh 2009 price. This means that by 2033, the 24t" year of the PPA, the energy component price will be approximately 4.5¢ per kWh. The total price for power delivered under the PPA in 2033 (allocated debt service payment of 3.5¢ plus the 4.5¢ energy component price) will be approximately 8¢ per kWh (as compared to the 5.6¢ per kWh in 2009.) Price for remaining power needs -the wrap agreement -set more frequently: Unlike traditional contracts that have served CAPP member needs since 2002, the long- term PPA will not serve the entirety of participating members' power needs. In addition to the base load power provided by the PPA, which is expected to serve about 60 percent of participating members' needs in 2009, LAPP will arrange for a separate contract (the wrap agreement) that fulfills the remaining supply needs in excess of the base load power provided under the PPA. CAPP's designated Retail Electric Provider ("REP") will accept delivery from both suppliers (PPA and wrap contracts) on behalf of all participating members and will arrange delivery of all power to individual meters with the appropriate transmission and distribution utility. All charges other than the monthly debt service payment will be billed by the REP, just as currently done. Monthly Payments For Participating Members Two separate monthly payments will be made by participating members: • Monthly Debt Service Payment to CAPP A separate monthly debt service payment will be made (probably to a trustee who will hold the payments until the payment date prescribed in the bonds) reflecting the capacity portion (3.5¢ per kWh) of the 5.6¢ per kWh PPA price that represents the participating member's monthly debt service obligation for the prepaid electricity. • Monthly Electric Account Payment(s) to the REP CAPP's REP will separately bill each participating member at a "blended" rate per kWh -blending the remaining 2.1 ¢ energy component price per kWh and the higher market driven price for power under the wrap agreement. The REP's monthly bill will include non-bypassable charges (regulated wires rates). The CAPP Board will consider proposals from its designated REP for more detailed monthly bills that will reflect power costs allocated under each supply agreement and a savings calculation as well as a total monthly bill. It will be up to the individual members to determine how they want to treat the debt service portion of their monthly payments. Since the debt service payment is essentially a component of the cost of power, most members will probably treat these payments as operating costs that will be distributed to their various functions, such as streets, utilities, police, etc. In this case a member can take their monthly electric consumption billing from the CAPP REP, obtain a ratio from the kWh associated with a function's account or accounts (e.g., 23% of total monthly electric bill is for water pumping), and then apply the ratio against the monthly debt billing and charge the appropriate function (e.g., 23% to the utility department). Some members may wish to treat the debt portion of the bill as a debt payment paid from their debt service, or interest and sinking fund, in which case no prorated distribution of the billing is necessary. Evaluation of Risks The CAPP Board believes that the long-term contract will substantially lower member electric costs and provide a greater degree of budget stability. However, there is no risk-free choice when it comes to contracting for future energy deliveries. While the price for power to be delivered under the PPA is fixed and will not be subject to uncertainties associated with either volatile natural gas prices or potential fuel or capacity supply shortages, there are other risks that each potential participating member must carefully evaluate before committing to the long-term contract. Neither the CAPP Board nor any of its consultants can guarantee future gas prices, the continued linkage between natural gas pricing and electric pricing, or that any participants to the PPA will act in a particular manner. In the Disclosure Statement, the known risks associated with participation in the long- term contract are named and described. It is important that this information be reviewed prior to approving the long-term contract. An acknowledgement and acceptance of the risks identified in the Disclosure Statement must occur with the approval of the Member Contract. Additionally, the transaction is dependent upon timely completion of a number of events including approval of signed Member Contracts by the Attorney General, the sale of CAPP bonds, closing the transaction by December 23, 2008, and making the prepayment to Luminant in sufficient time to arrange the scheduling of power deliveries to be effective January 1, 2009. Although preliminary communication about the PPA has taken place, CAPP cannot guarantee approval of the Attorney General or acceptance by the financial markets. To provide context for the risks and uncertainties listed by the Disclosure Statement, the following discussion provides the Board's perspective on some of the identified risks. The Board's perception of the known risks is not intended to be a substitute for individual member due diligence, but provides an explanation why the CAPP Board endorses participation in the long-term contract as the most economically attractive alternative despite these identified risks. The CAPP Board believes, but cannot guarantee that its pursuit of lower prices and known and fixed contract obligations will result in lower prices for electricity compared to market prices over the 24-year term of the PPA and make budgeting for electricity more predictable. Known risks associated with participation in the long-term contract include: 1. Bankruptcy of the Seller Considering that TXU, the predecessor company to Luminant, was the subject of the largest leveraged buyout in history and is presently operating with more than $40 billion of debt, issues related to the potential bankruptcy of Luminant or its parent company have received a great deal of scrutiny during the PPA negotiations and as part of the CAPP Board's consideration of the long-term contract. Of the approximately $46 billion borrowed to take the publicly traded TXU private, $26 billion was borrowed from lenders that were provided first-liens against all competitive assets of the former TXU. Lenders with first-liens include Citibank, Goldman Sachs, J. Aron & Company, JP Morgan Chase, Credit Suisse and others. These parties are considered "secured lenders." The remaining $20 billion was borrowed without providing security. By signing the PPA, CAPP will become a "Secured Commodity Hedge Counterparty" under the Security Documents. This means that CAPP will be in a first-lien secured position on equal footing with the secured lenders. Thus, CAPP will have afirst-lien on all Luminant generation assets including the most valuable asset-Comanche Peak, the two unit nuclear plant near Glen Rose, Texas. The secured creditors, including CAPP, are protected under the existing Credit Agreement against dilution of the generation assets. Luminant retains the right to replace CAPP's lien at any time with letters of credit, cash or a guaranty from an investment grade rated guarantor. As part of its consideration of the long-term contract, the CAPP Board evaluated the potential for the supplier's bankruptcy and, if bankrupt, the value of CAPP's position as a first-lien holder. In the event of bankruptcy, the substantial Luminant generation assets will retain value (that value will depend upon current and future projections of natural gas prices at the time of bankruptcy.) While it is impossible to specifically quantify the future value of these generation assets, the CAPP Board was guided by the results of a stress test performed by Standard & Poor's ("S&P") in November 2007 (republished in the Spring of 2008.) S&P's stress test measured the effect on the value of Luminant's collateral in the event of a significant decline in natural gas prices over several years. While the value of the generation assets serving as collateral for the more than $40 billion in debt declined under these circumstances, S&P concluded that secured creditors (including CAPP) would have a rating of "1" -virtually guaranteeing recovery of all outstanding debt while unsecured creditors would have a rating of "5" - virtuallyguaranteeing no recovery. Other factors the Board considered that may mitigate the likelihood of bankruptcy despite the heavy debt burden include: • Substantial investment ($20 billion) of unsecured creditors including Berkshire Hathaway. Given the size of their investment, these unsecured creditors may provide additional loans to avoid the complete loss of investment. • The fact that Oncor, a regulated subsidiary, is a consistent source of revenues. Oncor is ring-fenced and allegedly protected against bankruptcy of the parent or affiliates; it nonetheless provides dividends and other cash to the parent. Oncor recently announced the sale of a 20 percent equity position for $1.3 billion. Bankruptcy of one or more of the sellers could alter the expected economics of the transaction. It is the Board's conclusion that bankruptcy would likely present more of a financial problem than an operational problem. The units supplying power under the PPA are necessary for the support of power on the Texas electric grid. Simultaneous loss of all seven units would cause an economic crisis for the State. Therefore, it is reasonable to assume that the units will continue to generate regardless of ownership and regardless of bankruptcy. The threat of bankruptcy comes down to whether a bankruptcy judge would set aside all, part, or none of the PPA. The PPA includes a provision that the parties intend for the contract to be honored as a forward contract. Despite this stated intention, it is possible that the bankruptcy judge would set the PPA aside if the determination is made that it is an executory contract. There have been recent cases where bankruptcy courts have taken into consideration "the public interest" in assessing obligations and rights of parties. The energy needs and good faith agreements of 150 political bodies may influence the bankruptcy judge to decide that preservation of the PPA is in the public interest. 2. Governmental assessments on emissions or greenhouse gases As part of its leveraged buyout, Luminant commits to reduce emissions from its fleet of new and existing plants. The Company's plan includes the installation of in-duct selective catalytic reduction ("SCR") systems at its Martin Lake plant and selective non- catalytic reduction systems at its Monticello and Big Brown plants. Luminant will improve the low-nitrogen oxide burner technology at one of its Monticello units to further reduce nitrogen oxide emissions. External SCR systems will be installed at the Sandow and new Oak Grove units. To reduce sulfur dioxide emissions and mercury emissions, Monticello and Big Brown plants will use coal-cleaning technology. Finally, to reduce mercury emissions, Luminant's entire fleet of plants will use activated carbon injection - a sorbent injection system technology. The cost of Luminant's commitment to reduce emissions made pursuant to the LBO is not included in the price paid by members participating in the long-term contract. However, any new governmental assessment on coal generation or greenhouse gases will be passed on to CAPP as a pro-rata share of the power it receives from Luminant. The CAPP Board's consideration of the benefits and risks of the long-term contract included the likelihood that legislation levying a tax upon carbon dioxide emissions will be enacted at some point in the future. To the extent these charges are imposed on any unit providing power under the PPA, CAPP and the participating members will be responsible for a proportionate share (approximately 3%) of the cost in excess of operating expenses of $100,000 annually or capital expenses greater than $1,000,000 over the life of the financing. However, the Board believes but cannot guarantee that new governmental assessments will impact the price of power throughout the United States and will be reflected in the market price of power in the deregulated areas of Texas. As a result, the Board has reason to believe that despite future imposition of new governmental charges made under the PPA, the relative advantage of PPA pricing to market pricing will be preserved. 3. Early termination of the PPA that leaves CAPP and Participating Members owing more (to pay off the debt) than the amortized balance of CAPP's loan The PPA is a 24-year agreement, but any commercial contract can be breached when a party decides it is economically advantageous to do so. One of the most difficult and contentious parts of the contract negotiations of the PPA was Article 12 -Early Termination. The favorable pricing associated with the PPA is conditioned on a prepayment of three- fifths of the present value of the entire discounted purchase price. In considering various scenarios that give rise to early termination of the PPA, the CAPP Board's primary concern is that there is adequate protection for the portion of the prepayment associated with the unrealized term of the contract. In the event of early termination by the supplier, damages owed to CAPP include defeasance of the outstanding bond amount previously paid to Luminant. In addition, the PPA provides for liquidated damages not to exceed $120 million. If Texas Competitive Energy Holdings ("TCEH") does not or cannot pay any of the damages owed CAPP under the PPA, participating members may owe their prorated share of the approximately $400 million of CAPP's debt. Whether this hypothetical, worst case termination situation (consistent with the timing, but worse than the circumstances of the S&P stress test), would offset the potential benefit of the PPA's lower than market prices will depend upon the price of natural gas as it relates to the cost of electric power over the course of the next six years. 4. Legislatively mandated changes to the energy market structure Deregulating the Texas retail electric market was an enormous and extremely difficult undertaking, and key policymakers in Texas have never advocated undoing it. Moreover, dramatic market changes that came about because of the deregulation would make re-regulation extremely difficult. For instance, what were previously some of the state's traditional utilities have unbundled into separate entities. It remains unclear how these units could be put back together. Major generation assets have been sold off to unregulated owners and billions of dollars of stranded costs payments have been ordered and are being paid. Undoing those changes would constitute high barriers to re-regulation. Even in the event of re-regulation of the Texas market or some other dramatic change, it is likely that the legislature would maintain its consistent position that existing contracts for electricity cannot be abrogated. 5. Restructuring or refinancing by Seller that leaves CAPP with collateral of lesser value The LBO financing package, which places CAPP on a first-lien security basis in all generation and competitive assets, is structured as a seven year deal that terminates in the Fall of 2014. It is possible that the PPA will potentially be in effect for 18 years beyond the financing agreements on which the PPA was predicated. Thus, the Substitute Collateral provisions (Section 9.2) of the PPA take on critical importance as the parties try to anticipate whether the Company will be refinanced, taken public or sold off in bits and pieces before the end of 2014. In the event that the seller replaces CAPP's existing first-lien security interest with a new collateral package when it refinances in 2014, the contract terms require that the new package pass several dilution tests. The CAPP Board will be diligently reviewing its security position throughout the life of the PPA, and particularly at the time of refinancing. There is nothing in the PPA that prevents CAPP from exercising its right of early termination in the event that the security supporting CAPP's prepayment becomes inadequate. The CAPP Board is hopeful that participating members receive the benefit of this contract for the full 24 years. However, even assuming that the contract is terminated prematurely, CAPP members should be made whole for the payment to Luminant through the defeasance provisions, receive some amount of liquidated damages, and have enjoyed millions of dollars in savings as compared to purchasing power in the retail market. 6. Deliberate non-delivery by Seller of contracted power such that payment of liquidated damages to CAPP for replacement energy potentially exceeds the cap on damages provided in the PPA forcing CAPP to declare an early termination of the PPA If the supplier intentionally fails to deliver contracted power, CAPP's remedies include the following: a. Penalty for failure to maintain 90% availability from the seven units on a rolling three-year average. b. Reimbursement for replacement power if the contract energy is available but not provided. While the Board has every reason to believe that Luminant will operate in good faith, even in the event of prolonged default or deliberate withholding, CAPP has remedies to protect its prepayment. CAPP can elect to terminate the PPA. This may happen under certain circumstances where the provider fails to supply the contracted power, forcing CAPP to replace the power at current market rates and then seek compensation from seller for the replacement energy. In that situation, CAPP may be forced to declare the contract in default and trigger termination. Because any prior payments for withholding power, in the event of a termination payment to CAPP, are to be used as an offset based on a rolling 3 to 5 year average, it may be necessary for CAPP to defensively terminate the contract prematurely to ensure that damage payments remain adequate to defease CAPP's bond debt. The Board envisions a constant economic evaluation of whether to proceed with an early termination of the PPA if Luminant starts withholding power. Based upon projections by CAPP's consultants, in the event that Luminant withholds all contracted power, liquidated damages to fully compensate CAPP for procuring replacement power could amount to approximately $250,000 per day. Even if LAPP waits for 30 days before exercising its right of early termination and Luminant continues to withhold all power for that same period, liquidated damages for 30 days of replacement power amount to $7.5 million. While the early termination payment owed to CAPP would be reduced by the $7.5 million already paid by Luminant in this scenario, the early termination damage payments should remain adequate to defease CAPP's bond debt. To the extent Seller pays liquidated damages for withholding power in a nodal market, CAPP's price of replacement power would be equal to or less than the ERCOT clearing price, which is the price of power TCEH will receive at the same time. Therefore, TCEH should be economically indifferent to fulfilling its PPA obligation to CAPP or withholding power for an alternative sale and paying liquidated damages to LAPP. In other words, the supplier has no incentive to withhold power or fail to meet its obligation to provide power to CAPP. 7. Failure by one or more participating members to appropriate or pay amounts owed for power delivered under the PPA forcing Seller to declare CAPP in default and terminate the transaction Given that electricity is essential to providing city services, we believe that it is extremely unlikely that a participating member will fail to appropriate or pay for the power delivered. Regardless, the PPA does not contemplate joint and several liability for either the power provider or CAPP. Similarly, there is no joint and several liability for individual members pursuant to the Member Contract. In other words, no participating member of the long-term contract will be required to absorb the liabilities of another participating member. 8. Technological Advancements/Availability of Inexpensive Natural Gas The CAPP Board has pursued the long-term contract in order to achieve a great degree of budget stability and predictability for participating members by eliminating some of the price risks associated with natural gas price volatility. Current economic projections indicate that the Board's pursuit of known and fixed contractual obligations for capacity will in fact also result in lower prices for electricity compared to market prices over the 24-year term of the PPA. In the near term (5 years), no natural gas experts are predicting significant declines in the cost of natural gas. In fact, most experts indicate that natural gas prices are likely to increase, perhaps substantially, as liquefied natural gas becomes part of a worldwide commodity index. The Chairman of the Public Utility Commission of Texas testified earlier this summer that natural gas prices will continue to increase over the next several years. Given that it will take approximately ten years to bring new nuclear power plants on line and that wind power is not reliable for meeting base load needs addressed in the PPA, the energy market will not likely use any proxy for determining electricity costs other than natural gas for the foreseeable future. Similarly, because of the capital intensive nature of electric infrastructure, it is likely to take years before the market price of electricity is affected by technological advancements. Nevertheless, the Board is cognizant that sometime during the term of the 24 year contract, the possibility exists that technological advancements may be made in the production of electricity or circumstances may occur such that natural gas prices decline substantially. If the CAPP Board's sole directive is to achieve the lowest possible electric price at all times, then these unknown and unforeseen scenarios may be reason not to commit to any long-term contract. However, potential technological advancements and declining natural gas prices will not diminish the stability and predictability of the power delivered pursuant to the PPA. In fact, the structure of the PPA (supplying a portion of participating members' power needs) enhances CAPP's ability to take advantage of technological advancements or changes in fuel prices, while also providing budgeting stability. Summary We look forward to discussing this with Council on Monday night. We will present a series of slides with Council that hopefully will summarize the information in this Informational Report in such a way that Council can provide guidance as to whether you would like Staff to bring the long-term power contract to the October 23 regular meeting for approval. The long-term power contract must be approved no later than November 5, 2008. Respectfully submitted, Karen Bostic Assistant City Manager INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008-110 Date: October 13, 2008 Subject: New City ID Cards As part of the regular revisiting of the safety and security of employees and visitors to City Hall, it has become apparent that there is one item that we can address immediately to further improve the security of City employees and facilities. Many staff and volunteers are not properly visually identifying themselves with city issued badges, or identification cards in all city facilities. Currently no clear policy exists and a new policy needs to be implemented related to the wearing and display of city issued Identification by all staff and volunteers. The City of North Richland Hills shall utilize a standardized employee Identification/Access card to more clearly identify city staff and volunteers. The color coding of these cards, along with the proximity access feature, is intended to allow positive identification of city employees and volunteers along with facilitating the use of the card for access, if equipped, to City of North Richland Hills facilities and events. City issued cards shall be utilized by each City employee and other necessary individuals such as Council members, volunteers, vendors and visitors. The card, once issued, shall remain in the care, custody and control of the holder at all times. City issued ID card shall be prominently displayed and visible at all times while in the workplace or on City business utilizing a lanyard or clip. Exceptions to displaying the card may be made by a Department Director when the wearing of the card would pose a safety hazard. Public Safety personnel who are in uniform are not required to display their card. Because the cards have a proximity capability, pins, stickers and other items may not be applied to the cards, or additional holes punched. Cards for certain categories such as visitors, vendors and some volunteer groups such as CERT, Citizens Fire Academy and Citizens Police Academy shall be non-proximity cards. These shall be issued to those individuals/groups that do not require access to secured areas. The front of the card will contain the name and picture of the individual, the city seal and shall include a colored stripe on the right side of the card. The colored stripe shall contain the department that the employee is assigned to. The EOC designation, if authorized, can be found on the front of the card, in red letters, centered at the bottom. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ EOC Designation: The EOC designation on the badge indicates that the bearer of this card, with alternative ID, shall have access to the EOC with restrictions. This designation shall be utilized for Executives, Directors, Management staff plus certain civilian personnel who are part of special response teams (R.A.C.E.S.). The back of the card shall include the city seal, a colored stripe on the right side of the card containing the individuals' assigned department, and address to return a lost card. The following colors will be utilized to designate each card category: PURPLE: Elected Officials: All City of North Richland Hills elected officials shall be issued a card with a purple stripe front and back. Bearer of this card has access to all public areas, special events, safe areas of field incidents and city facilities. Certain restrictions on internal access may exist. GREEN: Citizen Sponsored Groups: All Emergency Volunteer groups shall be issued a card with a green stripe front and back. The bearer of this card has access to all public areas, some special events, and some city facilities. Certain restrictions on internal access may exist. This card shall be issued to active Citizens Police and Fire Academy and Community Emergency Response Team (CERT) members. DARK BLUE: Police Department Employees: All City of North Richland Hills Police Department employees will be issued a card with a dark blue stripe front and back. Bearer of this card has access to all public areas, special events, field incidents, and city facilities. Certain restrictions on internal access may exist. RED: All Fire Department Employees: All City of North Richland Hills Fire personnel will be issued a card with a red stripe front and back. Bearer of this card has access to all public areas, special events, field incidents and city facilities. Certain restrictions on internal access may exist. ORANGE: Permanent Volunteers: This card has access to all public areas, certain special event areas and some city facilities. Certain restrictions on internal access may exist. Volunteers who work within city departments on a regular basis such as RACES, YIPS and other specifically designated service volunteers will be issued a card with an orange stripe front and back. BLACK: Vendors and Visitors: These cards are temporarily issued to on-site vendors, volunteers and visitors. Department Directors or their designee are authorized to issue this card. Cards for this category will be non-electronic, standard PVC cards. LIGHT BLUE: City civilian staff: All City of North Richland Hills employees, other than members of the Police and Fire departments, shall be issued a card with a light blue stripe front and back. Bearer of this card has access to all public areas, special events, safe areas of field incidents and city facilities. Certain restrictions on internal access may exist. No action is needed on this matter, but we do want to make the Mayor and Council aware of these changes to our Identification Cards. We will review this at the worksession. Respectfully submitted, Jimmy Perdue Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Mike Curtis Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071 for Consultation with Attorney to Consider Settlement Offer from Superior Gunite CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. C.0 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, October 13, 2008 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Sapp A.2 Pledge -Councilman Sapp A.3 Special Presentation(s) and Reco~ niq tion(s) -Proclamation 2008 Red Ribbon Week presented by Councilwoman Compton A.4 Special Presentation(s) and Recognition s) -The Keep NRH Beautiful Litter Not Adopt-A-Spot Program and Volunteers presented by Councilman Lewis A.5 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.6 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 September 22, 2008 City Council Meeting B.2 RP 2008-03 Consideration of a Request from The Glory Chinese Baptist Church to Approve a Replat of Lots 1 and 2, Block C, College Hills Addition (Located in the 6100 Block of Holiday Lane -8.8379 acres) B.3 RP 2008-10 Consideration of a Request from C.W. Rogers Real Estate Investments to Approve a Replat of Lot 1-R, Block 1, Town & Country Estates Addition Located at 8409 Bedford-Euless Road -0.78 acres) B.4 PU 2008-029 Authorize Payment to Motorola for Radio Maintenance Agreement C.0 PUBLIC HEARINGS C.1 ZC 2008-06 Public Hearing and Consideration of a Request from Victor Noble and Barry Walling to Approve a Zoning Change from R-3 to R2 (0.894 ac); AG to R-2 (0.784 ac}; and C-1 to R-2 (1.943 ac) (Located in the 8200 Block of Savers Lane} -Ordinance No. 3023 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2008-04 Consideration of a Request from Victor Noble and Barry Walling to Approve a Final Plat of Lots 9-13, Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Lane - 3.621 acres). D.2 FP 2007-08 Consideration of a Request from Cary Clarke Homes to Approve a Final Plat of 33 Lots in the Highland Park Addition (Located in the 9200 Block of Amundson Drive - 6.717 acres) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008-099 Appointments to Keep NRH Beautiful Commission -Place 1 & Alternate F.2 GN 2008-096 Adding a New Subsection 34-33{27~ Declaring Dead Trees to Be a Public Nuisance -Ordinance No. 3021 F.3 GN 2008-097 Amending Chapter 14 Article XII to Restrict the Tethering of Dogs - Ordinance No. 3022 F.4 GN 2008-098 2007/2008 Bryne Justice Assistance Grant Program Award Interlocal Agreement -Resolution No. 2008-053 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A enda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. A.1 Subject: Invocation -Councilman Sapp CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. A.2 Subject: Pledge -Councilman Sapp CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Councilwoman Suzy Compton Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Proclamation 2008 Red Ribbon Week presented by Councilwoman Compton Ni~H PROCLAMATION WHEREAS, abuse of alcohol and other drugs has reached epidemic stages in the United States; and WHEREAS, it is imperative that community members launch visible substance abuse prevention education efforts to reduce the demand for drugs; and WHEREAS, the City of North Richland Hills and Birdville Independent School District are coordinating our community's Red Ribbon Campaign to offer our citizens the opportunity to demonstrate their commitment to alcohol, tobacco and illegal drug and violence prevention; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, youth, medical providers, senior citizens, military, sports teams, and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS, the City of North Richland Hills further commits its resources to ensure the success of the Red Ribbon Campaign; NOW, THEREFORE, BE IT RESOLVED, that I Oscar Trevino, Mayor of the City of North Richland Hills do hereby proclaim October 23 -October 31, 2008 as "RED RIBBON WEEK" and encourage the citizens to participate in alcohol, tobacco and illegal drug and violence prevention activities and events, making a visible statement that we are committed to creating safe and caring environments for every child to grow up in and further encourages all citizens to pledge, "No Use of Illegal Drugs, No Illegal Use of Legal Drugs." IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 13th day of October 2008. Oscar Trevino, Mayor CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Councilman John Lewis Agenda No. A.4 Subject: Special Presentation(s) and Recognitions) -The Keep NRH Beautiful Litter Not Adopt-A-Spot Program and Volunteers presented by Councilman Lewis Adopt-A-Spot Volunteers Representative Birdville High School National Honor Society Terri Wilson, Sponsor Birdville High Student Council Lisa King, Sponsor Jennifer Cox-Seals Foster Village Elementary Girl Scout Troop 1249 Jessica Sandoval/Shera Valamides Dorothy Calvery Green Valley Elementary North Hills Funeral Home North Ridge Elementary Mrs. Luppy's 5t" Grade Class North Ridge Middle School National Jr Honor Society Richfield Homeowners Association Smithfield Middle School Students with a Purpose Jed Carleton, Principal Andrew Totz, Owner Kathy Luppy Janet DeHoogh Cindy Ballas Bill Monty Gary & Sonja Starnes The Academy at Carrie F. Thomas ACFT Dual-language Classes Beth Hyland Walker Creek Elementary Wal-Mart North Tarrant Parkway Jenny Bumgardner Vincent Lara Robert & Santiaga Willoughby CI TY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Agenda No. A.5 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 Presented by: Council Meeting Date: 10-13-2008 Agenda No. A.6 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 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: 10-13-2008 Presented by: Agenda No. B.1 Subject: Approval of Minutes of September 22, 2008 City Council Meeting Recommendation: To approve the minutes of the September 22, 2008 City Council Meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -SEPTEMBER 22, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22nd day of September, 2008 at 5:30 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor (present at 5:47 p. m.) Scott Turnage Mayor Pro Tem, Council Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Suzy Compton Council Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager (present at 5:33 p.m.) Jared Miller Assistant City Manager (present at 5:44 p. m.) Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager (present at 5:44 p. m.) Mike Curtis Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Kirk Marcum Assistant Fire Chief/Fire Marshal Dave Pendley Building Inspector Vickie Loftice Park and Recreation Director Sharon Davis Assistant Parks and Recreation Director Eric Wilhite Chief Planner Angel Bellard Utility Service Manager Chad Hulse Economic Development Director Call to Order Mayor Pro Tem Turnage called the work session to order at 5:31 p.m. and announced that the Mayor would be late. A.1 Discuss Items from Regular City Council Meeting None. A.2 IR 2008-102 Update on Gas Drilling Activities and Proposed Gas Drilling Ordinance Amendments X15 Minutes) Larry J. Cunningham, City Manager present at 5:33 p. m. John Pitstick, Planning and Development Director presented a PowerPoint presentation updating the Council on gas drilling activities and proposed gas drilling ordinance amendments. Jared Miller, Assistant City Manager and Jimmy Perdue, Assistant City Manager present at 5:44 p.m. Drilling Activity Update: • City of North Richland Hills currently has three permitted well sites including Graham, Morrow-Stevens and Birdville. • Two sites that will be going through approval processes in the near future including Tarrant County College and Little Bear Creek Park. • There is a good likelihood that North Richland Hills could permit five or more additional well sites with multiple wells on each site. Mayor Trevino present at 5:47 p.m. Ordinance - Timin~q Requirements: The purpose of the proposed revisions is to tighten up requirements for the permit timing and notification of surrounding property owners. Currently once a permit has been issued by the City for drilling, new homes. and commercial buildings can be built between 150 feet and 600 feet of a gas well without updated notification. Since it could be many months from the time a permit has been issued and drilling begins, it is possible for someone to build a new home within 600 feet of a future gas well and not know that a gas well has already been permitted and approved prior to the new home being built. Recommended Ordinance Amendments: • Clarifying that gas companies will only be allowed one extension from the original 90 day permit time period. The one time extension would provide a maximum of 180 days before drilling must begin. All drilling beginning after 180 days of the original drilling permit will require Gas Board of Appeals approval with full notification of all property owners within 600 feet. • Requiring a "Gas Well Vicinity Notice" to be filed at Tarrant County by the gas company at the time of the drilling permit to notify any current and future owners of property within 600 feet of a proposed gas well. • The "gas well vicinity notice" be attached to all future building permits and a note on all future subdivision plats for any properties within 600 feet of a gas well. After discussion and questions from the Council, the consensus was to move forward with changes to the ordinance and to bring the ordinance back to Council for final consideration. Mayor Trevino assumed chair of the meeting. Mayor Trevino asked that Dr. Stephen Waddell, Deloris Webb, Joe Tolbert, and Richard Davis, Birdville Independent School District Superindendent and Board Members, to join Council at the Council table for the next item. A.3 IR 2008-106 TIF 1 Expansion Update X10 Minutest Larry Koonce, Finance Director presented a PowerPoint presentation. Mr. Koonce provided an update on the progress and history of TIF 1. The management and staff are working to accomplish the legal expansion of TIF 1 prior to December 31, 2008. Mr. Koonce reviewed the benefits of expansion and activity the past year. The City has been soliciting cooperation with BISD and County officials to expand the TIF to include new boundaries along Boulevard 26. Mr. Koonce reviewed the original expansion proposal and advised that when the original expansion proposal was reviewed with the Tarrant County officials, the County encouraged the City to increase the expansion size and time. At the mid-year budget work session the expansion was discussed and the consensus of the Council was to increase the original plan expansion property area from 211 to 392 acres, increasing the potential growth of property values from $12 million to over $30 million in ten years. The increased property values increase the capacity of public improvements from $2 million to $3.5 million. The plan Council concurred with at the mid-year budget work session would expand TIF boundaries to include all commercial properties in the Boulevard 26 corridor from the southern City limits to Loop 820, with the exception of North Hills Hospital and Calloway Creek property. The City's Bond Attorneys have advised that the timeframe of the TIF cannot be expanded beyond its original ten year length. Dr. Quentin Burnett, BISD Associate Superintendent, present at 5:59 p.m. and joined Council and other BISD officials at the table. Projects which Council reached consensus at Mid-year Budget Work Session were: 1. Burying above ground utilities approximately 1.25 miles on one side of Boulevard 26. 2. Glenview/Boulevard 26 and Rufe Snow/Boulevard 26 Intersection improvements. City staff is working together with Bond Counsel, Financial Advisors, the taxing entities and TIF 1 Board to get this done. Staff s plan includes the following: 1. Meet with representatives of the taxing entities to present the updated plan in September. 2. Present the Expansion and seek approval at the TIF Board meeting in October. This will be done in conjunction with the annual TIF Board meetings to be scheduled in October. 3. City Council Public Hearing and approval of Ordinance in November. 4. Schedule the agreements on board/commissioner meetings to be approved by the Taxing entities. BISD's willingness to continue with the TIF and support the new projects with their existing tax revenues is mandatory for the expansion to succeed. Without BISD's participation cash flows will not be sufficient to fund the new projects. 5. Include the TIF 1 Projects in the 2009 Bond Sale. 6. Hire a professional to help coordinate the burying of utilities with Oncor. Mayor Trevino advised that Mr. David Medanich, First Southwest, financial advisors for the City, was present. Mr. Medanich explained BISD's participation in the expansion and how the School District is affected. There was discussion on the value of continuing to invest in the area south of 820 and the importance of BISD participating in the expansion efforts. School Board President Webb explained the cost to the school district to remain in the TIF and advised that the School Board would discuss the expansion at their next board meeting and weigh the costs and benefits to the District. The BISD Officials left the meeting at 6:25 p.m. A.4 IR 2008-105 Discussion of Proposed Light Pole Banner Pilot Program (15 Minutes Mike Curtis, Managing Director presented the item. Representatives from the Brahmas' Hockey team have approached the City requesting permission to display "Team" banners from selected city street light poles. The street light poles are currently used for "Holiday/Seasonal" and NRH2O banners. The current sign ordinance and sign policies in place do not allow anyone except the city to hang banners from street light poles located within public rights-of-way. City restricts such banners to only 3 or 4 different types. The different types fall under the categories of "Holiday/Seasonal", NRH2O and Air Quality. The Brahmas' season begins in mid-October and they are requesting permission to display the team banners at the beginning of their season. Because of the time involved to work out installation, scheduling, types of banners to be allowed and many other issues, staff is recommending a Banner Pilot Program. Banner Pilot Program would include: • The Brahmas team banners will only be displayed for 60 to 70 days during their season. • The new banners will not interfere with the current holiday banner schedule. • The new banners would generally be located along selected locations of Mid- Cities Boulevard, Rufe Snow Drive and possibly along North Tarrant Parkway. • Currently about 20 to 30 banners are being proposed for the pilot program. • Proof of liability insurance will be provided by NYTEX Sports Center (NYTEX). • All installation and printing cost will be paid by NYTEX. After discussion and questions from the Council, the consensus was in favor of the banner pilot program and for staff to also consider BISD school spirit banners for game nights. A.5 IR 2008-103 Update on Water Wise Program (10 Minutes) Angel Bellard, Utility Service Manager updated Council on the Water Wise Program. The "Water Wise" program is a public education program that was designed to teach fifth grade BISD students and their families hands on product installation of water efficiency devices and build the students' knowledge of environmental issues. The "Water Wise" program was entered under the umbrella of Tarrant Regional Water District (TRWD), and as a result, received discounted pricing. TRWD paid for 50% of the total program cost. The recipients of the FY 07-08 program included a total of 456 students and ten (10) teachers from the following schools: Academy at Carrie F. Thomas Alliene Mullendore Elementary School Foster Village Elementary School Holiday Heights Elementary School Smithfield Elementary School Snow Heights Elementary School Survey results from the summary report revealed that 100% of the teachers indicated they would conduct the program again given the opportunity, and 100% would recommend the program to other colleagues. Parents' responses were also positive.- The City will be sponsoring the program again in FY 08-09 in partnership with TRWD. There were no questions from Council. A.6 IR 2008-104 Update on the 2008 Night of Holiday Magic (10 Minutes) Vickie Loftice, Director of Parks and Recreation Department thanked Council for their continued support for the Night of Holiday Magic event. Ms. Loftice introduced Sharon Davis, Parks and Recreation Assistant Director to present the item. Ms. Davis briefed Council on new changes for 2008 Night of Holiday Magic. The North Richland Hills Night of Holiday Magic event will be relocated to NRH2O Family Water Park. While the event enjoyed tremendous success at the Mid Cities Municipal Complex, the construction of the BISD Technology Center will eliminate event parking. The NRH2O Family Water Park's parking lot will be transformed into a wonderland of lights and activities including the 40 feet Christmas tree, a light tunnel, children's village, food vendors and community stage entertainment. The holiday scenes, Holiday Market and visits with Santa will be located inside the grounds of NRH2O providing for extended days throughout the week. The additional week of extended holiday magic will give the community many opportunities to enjoy the holiday scenes, photos with Santa, caroling and other holiday festivities. Parking will be available at Tarrant County College for the main event on Saturday, December 6tn RECESS TO REGULAR SESSION Mayor Trevino recessed the work session at 6:56 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to discuss Executive Session items. B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation: 1 ~ Davis vs. NRH; 2) EEOC vs. NRH; 3) Friend vs. NRH; 4Z Rodgers vs. NRH; 5) Clark vs. NRH B.2 Executive Session: Deliberation Regarding Economic Development Negotiations as Authorized by Section 551.087 -Central and South areas of the City Council convened in Executive Session following the regular council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order September 22, 2008 at 7:04 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Assistant City Manager Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Mayor Pro Tem Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) No items for this category. A.4 CITIZENS PRESENTATION None. 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 THE AUGUST 1-2, 2008 BUDGET WORK SESSION B.2 APPROVAL OF MINUTES OF SEPTEMBER 2, 2008 SPECIAL CITY COUNCIL MEETING B.3 APPROVAL OF MINUTES OF THE SEPTEMBER 8, 2008 CITY COUNCIL MEETING COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 TR 2008-02 PUBLIC HEARING AND CONSIDERATION OF AN AMENDMENT TO THE NORTH RICHLAND HILLS ZONING ORDINANCE. PROPOSED AMENDMENTS TO SECTION 118-631 "TABLE OF PERMITTED USES" INCLUDE A "PET LODGING" CATEGORY AND REMOVAL OF THE "S" DESIGNATION FOR "ASSISTED LIVING CENTER" IN RESIDENTIAL DISTRICTS. PROPOSED AMENDMENTS TO SECTION 118-1 "DEFINITIONS" INCLUDE A DEFINITION FOR "PET LODGING" AS WELL AS AN UPDATED DEFINITION FOR "KENNEL" - ORDINANCE NO. 3020 APPROVED Mayor Trevino opened the public hearing and called on Eric Wilhite to come forward. Eric Wilhite, Chief Planner summarized the item. Changes are being recommended to the permitted land use tables to add "pet lodging" as a new category in commercial zoning districts with a special use permit, and to remove "assisted living centers" from being permitted in single-family residential districts with a special use permit. The recommended addition of the "pet lodging" category will effectively allow pet boarding type establishments to exist under a special use permit in NS- neighborhood services, CS- community services, HC- heavy commercial and OC- outdoor commercial zoning districts. "Assisted living centers" will not be allowed in traditional single-family districts including R-1-S, R-1, R-2 and R-3, but would continue to be permitted in multi-family and non-residential zoning districts with a special use permit. The Planning and Zoning Commission recommended approval by 5-0 vote. Mayor Trevino called for comments from those wishing to speak for or against the request. There being no one wishing to speak, Mayor Trevino closed the Public Hearing. COUNCILWOMAN COMPTON MOVED TO APPROVE TR 2OQ~-Q2', ORDINANCE NQ. X020. COUNCILMAN BARTH SECONDED THE MOTIQN. MOTION TO APPROVE CARRIED ~-0. PLANNING & DEVELOPMENT D.0 No items for this category. PUBLIC WORKS E.1 PW 2008-025 APPROVE A RESOLUTION SUPPORTING A MUNICIPAL SETTING DESIGNATION (MSD) APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR PROPERTY LOCATED AT HARWOOD DRIVE AND CENTRAL DRIVE LOCATED IN THE CITY OF BEDFORD -RESOLUTION NO. 2008-052 APPROVED Mike Curtis, Managing Director presented the item. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorized the Texas Commission on Environmental Quality (TCEQ) to receive, process and certify MSD applications for properties with contaminated groundwater. Northern Trust Bank of Texas N.A. ("Northern Trust-Texas"), applicant, is trying to obtain TCEQ approval for a MSD for property located in the City of Bedford. The property is located at the corner of Harwood Drive and Central Drive, Bedford, Texas. The application will need to include resolutions from cities located within a 5-mile radius of the MSD property indicating support. Staff has reviewed the technical aspects of the application and are in support of the resolution. Mr. Lee Beason, project geologist, Halff & Associates, Dallas, was available to answer questions from the Council. In response to questions, Mr. Beason explained how the property became contaminated and how long the business that caused the contamination was in operation. ~OUNGILMAN BELCH MOVED TO APPROVE P1~1 X008-Q25, RESOLUTION N'0. 2008-052. MAYOR PRO TEM TURNAGE SEGONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. GENERAL ITEMS F.1 GN 2008-094 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO. 1 (TIF #1) AND APPOINTMENT OF CHAIR APPROVED Patricia Hutson, City Secretary presented the item. The Bylaws of Reinvestment Zone Number One state that the Board is to consist of nine directors; five are to be appointed by the City Council; one is appointed by the governing body of Birdville Independent School District; one appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The five Council Members serving on Reinvestment Zone No. 1 terms of office expire in October. The members whose terms will expire are Mayor Trevino, Mayor Pro Tem Turnage, Councilman Lewis, Councilman Welch, and Councilman Whitson. The Bylaws also state that the Council shall appoint a Chair annually. After the appointment of the five directors, Council is requested to appoint the Chair. ~QUNCILWOMAN ~OMPTON MOVED TO REAPPOINT MAYOR TREVlNO, MAYOR PRO TEM TURNAGE, COUNCILMAN LEWIS, COUNGILMAN V~/ELGH, AND COUNCILMAN ~HITSON TO THE TIF NO. ~ BOARD AND REAPPOINT MAYOR TREVIN© AS THE CHAIR. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7'-Q. F.2 GN 2008-095 APPOINTMENT OF BOARD DELEGATES TO REINVESTMENT ZONE NO. 2 (TIF #2) AND APPOINTMENT OF CHAIR APPROVED Patricia Hutson, City Secretary presented the item. The Bylaws of Reinvestment Zone Number Two state that the Board is to consist of nine directors; six are to be appointed by the City Council; one is appointed by the governing body of Tarrant County College District; one appointed by the Tarrant County Hospital District; and one appointed by the governing body of Tarrant County. The directors are to serve two-year terms of office. The terms of office for the six Council Members serving on Reinvestment Zone No. 2 expire in October. The Council Members whose terms will expire are Mayor Trevino, Mayor Pro Tem Turnage, Councilman Lewis, Councilwoman Compton, Councilman Whitson, and Councilman Welch. The Bylaws also state that the Council shall appoint a Chair annually. After the appointment of the six directors, Council is requested to appoint the Chair. COUNCILMAN L.EWIS MOVED TO REAPPOINT MAYOR TREVINC}, MAYOR PRO TEM TURNAGE, COUNCILMAN LEWIS, COUNCILVI-OMAN vOMPTC?N, COUNCILMAN WELCH, AND COtlNGILMAN WHITSON TO THE TIF NO. 2 BOARD AND REAPPOINT MAYOR TREVINO AS THE CHAIR. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. EXECUTIVE SESSION ITEMS G.0 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA Mayor Trevino announced that Council had not discussed Executive Session during the work session and would move to item H.1. Council would be convening in Executive Session following the regular council meeting. No action required. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. Get to know your North Richland Hills Fire and Police Departments. Attend the 2008 Public Safety Expo from 10 a.m. to 4 p.m. on Saturday, October 11th at NRH2O Family Water Park. There will be safety demonstrations, entertainment and information booths for all ages to enjoy. For more details, please call 817-427-6900. Bring your lawn chairs and blankets to the Autumn Night Music Concert Series at Kay Granger Park. Enjoy the sounds of 4 Way Street, a Crosby, Stills, Nash and Young tribute band on October 4. On October 11, join us for The Factory, a band that specializes in a wide variety of musical styles including R&B, Pop, Disco, Rock & Roll and more. Concerts begin at 7 p.m. Admission is FREE. Please consider walking to the park, as parking is very limited. For more information, call 817-427-6620. Residents will have the opportunity to drop off brush, non-hazardous household products, furniture and other bulky items for disposal at the Fall Community Clean-Up from 9:00 am to noon on Saturday, October 11 at the Tarrant County College-Northeast Campus in parking lot E by the Tennis Courts. New at the event this year is free paper shredding with a limit of three boxes per vehicle. Electronic equipment will also be accepted for recycling. For more information, call 817-427-6650. Kudos Korner -Randy Vastine and Robert Gomez, Public Works Department. A resident e-mailed to thank Randy and Robert for delivering sandbags to his home. The employees arrived with the sandbags approximately one hour after his call. They unloaded the sandbags in a matter of minutes and made sure they were placed in the correct location to prevent possible flooding. The resident said both employees exemplify a work ethic often missing in today's society and they have earned his admiration, respect, praise and thanks. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 7:30 p.m. that Council would convene into Executive Session in the Council Work Room and the meeting would be adjourned in the Council Work Room following Executive Session. EXECUTIVE SESSION B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 for Consultation with Attorney on Litigation: 1) Davis vs. NRH; 2) EEOC vs. NRH; 3) Friend vs. NRH; 4) Rodgers vs. NRH; 5) Clark vs. NRH B.2 Executive Session: Deliberation Re. aq rding Economic Development Negotiations as Authorized by Section 551.087 -Central and South areas of the City Mayor Trevino convened an open meeting in the Council Work Room and announced at 7:35 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of the following sections of the Texas Government Code: • Section 551.071 for consultation with Attorney on the following litigation 1) Davis vs. NRH; 2) EEOC vs. NRH; 3) Friend vs. NRH; 4) Rodgers vs. NRH; 5) Clark vs. NRH; and • Section 551.087 to deliberate Economic Development negotiations -central and south areas of the city. ADJOURNMENT Mayor Trevino adjourned the Executive Session at 8:28 p.m. and reconvened the regular session at 8:28 p.m. There being no action required from Executive Session, Mayor Trevino adjourned the regular session at 8:28 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 10-13-2008 Presented by: Eric Wilhite Agenda No. B.2 Subject: RP 2008-03 Consideration of a Request from The Glory Chinese Baptist Church to Approve a Replat of Lots 1 and 2, Block C, College Hills Addition (Located in the 6100 Block of Holiday Lane -8.8379 acres) Case Summary: The applicant, Glory Chinese Baptist Church, is proposing to replat 8.837 acres to create two lots. Lot 1 (as shown on the replat exhibit) will be a 2.50 acre lot and is planned for development as a small church campus. The area identified as Lot 2 on the replat exhibit currently has no development plans under review. The property being replatted is located directly across Holiday Lane from the athletic fields of Fort Worth Christian School. Current Zoning: R-7-MF (multi-family residential) Thoroughfare Plan: The lot has frontage on Holiday Lane, a 4-lane, undivided, major collector street (C4U) with 68 feet of Right-Of--Way. Comprehensive Plan: The Comprehensive Plan depicts Neighborhood Service uses for this area. 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 public infrastructure construction plans include the installation of water, sanitary sewer and drainage facilities. The construction of these public 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 improvements. Planning and Zoning Commission Recommendation: Approved by a 5-0 vote. Staff Recommendation: Approval of final plat request RP 2008-03. Review Schedule: Application: 3/18/08 Final Hearing: 10/13/08 Staff Review: 10 weeks Scheduling Time: 8 weeks Applicant Revision Time: 12 weeks Total Review Time: 30 weeks LOCATION MAP - ~_s -_ _ - ~~~~~~ ~~ N 1'~iRH RP 2008-03 Replat College Hills Addition, Lots 1 & 2, Block C 610d Block of Holiday Lane Feet Prepared bar Planning 8l~8l08 0 13~ 270 ~4a s~o ~,oso Replat Exhibit EXCERPT FROM THE MINUTES OF THE SEPTEMBER 4, 2008 PLANNING AND ZONING COMMISSION MINUTES RP 2008-03 Consideration of a Request from The Glory Chinese Baptist Church to Approve a Replat of Lot 1 and 2, Block C, College Hills Addition (Located in the 6100 Block of Holiday Lane -8.8379 acres) Lu Soloman, pastor of Glory Chinese Baptist Church, 3941 Parchman St, NRH, TX, came forward. Mr. Soloman stated the church was established in 1999 and due to growth in their congregation they need additional space. Eric Wilhite stated this is a replat of an 8.8 acre lot located in the 6100 Block of Holiday Lane. They are proposing to replat Lots 1 & 2 but will build the church on Lot 1. Staff has reviewed the process with the applicant and it meets all the subdivision rules and regulations for a replat and recommends approval. The public infrastructure will be 100% assumed by the applicant. Don Bowen asked if the church will be rezoned institutional? Eric Wilhite answered many times it is encouraged to do so. According to the Permitted Land Use Table, places of worship are permitted by right in any zoning district, but due to time and budget constraints, they have requested not to rezone at this time. APPROVED Kelly Gent, seconded by Mike Benton, motioned to approve RP 2008-03. The motion was carried unanimously (5-0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 10-13-2008 Presented by: Eric Wilhite Agenda No. B.3 Subject: RP 2008-10 Consideration of a Request from C.W. Rogers Real Estate Investments to Approve a Replat of Lot 1-R, Block 1, Town & Country Estates Addition (Located at 8409 Bedford-Euless Road -0.78 acres) Case Summary: The applicant, C.W. Rogers Real Estate, is requesting a replat of 0.78 acres located at 8409 Bedford-Euless Road (see the attached Location Map). The purpose of the replat is to develop an automatic carwash as a redevelopment of the existing structure that was previously operated as a Goodyear Tire and Auto service center. Current Zoning: The site is currently zoned C-1 Commercial with a Special Use Permit for an automatic car wash facility. The approved SUP site plan is also attached for reference. Existing Land Use/Site Attributes: The site will undergo substantial renovation and site redevelopment for a proposed automated car wash facility. Primary portions of the existing structure will be renovated with alterations made to improve the site circulation. Adjacent Zoning/Land Use: North: Airport Freeway - SH 121/183 Interstate Highway East: "C-1" /commercial South: City of Hurst /retail-mall West: "C-1 "/gas station Thoroughfare Plan: The site has primary frontage on Bedford-Euless Road, a 5-lane, undivided minor arterial with 120 feet of right-of-way, and secondary access to Blackfoot Trail which is classified as a local street with 50 feet of right-of-way. The site also has frontage, but no drive access, on the east bound access road of Airport Freeway (SH 121 /183). Comprehensive Plan: The Comprehensive Plan designates this area for commercial retail uses. 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 city engineer's rough proportionality determination has established that the developer will be required to assume 100% of the required public infrastructure improvements as indicated on the final approved public infrastructure construction plans. Planning and Zoning Commission Recommendation: Approved by a 6-0 vote. Staff Recommendation: Approval of RP 2008-10 Review Schedule: Application: 8/22/08 Final Hearing: 10/13/08 Staff Review: 2 weeks Scheduling Time: 0 weeks Applicant Revision Time: 5 weeks Total Review Time: 7 weeks LOCATION MAP Town & Country Estates, Lot 1-R, Block 1 8409 Bedford-Euless Road Prepared by Planning 9111/08 0 315 030 1,260 1 X890 2,520 Replat Exhibit Special Use Permit Exhibit - Approved 6/11/2007 EXCERPT FROM THE MINUTES OF THE SEPTEMBER 18, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2008-10 Consideration of a Request from C.W. Rogers Real Estate Investments to Approve a Replat of Lot 1-R, Block 1, Town & Country Estates Addition (Located at 8409 Bedford-Euless Road - 0.78 acres) Ed Gutierrez, 4228 Woodland Park Blvd, Arlington, TX with JEA Hydrotech Engineering came forward representing the applicant. They have an existing Goodyear store which they are going to improve the property by converting the existing building into aself- sustained car wash. This car wash was brought before the Planning & Zoning Commission 18 months ago as a Special Use Permit. The requirements set forth by the SUP will be adhered to and they have coordinated with the City of Hurst and intend to follow the site development as it was approved. Eric Wilhite came forward and said this is a final plat for a commercial project on Bedford-Euless Road. This site plan was approved for a Special Use Permit for a car wash. There are a couple of things on this plat that took some time to work out. The aerial easement and the abandonment of a portion of the existing easement on the west side of the proposed Lot 1-R. That information is now at the courthouse and once the recording information is back it will be put in on the face of the plat before going before City Council. The setbacks and lot dimensions meet the subdivision ordinance and DRC has reviewed and recommend approval. Chairman Shiflet asked on the cover sheet with the staff recommendation it shows for approval of RP 2006-13? Eric Wilhite said that this was the original case number. Since this case took so long it was suspended and a new case number was reassigned. It is actually RP 2008-10. Eric stated, when we get certain cases that go on for so long based on circumstances outside staff s control we suspend the case and issue a new number. APPROVED Mike Benton seconded by Mark Haynes, motioned to approve RP 2008-10. The motion was carried unanimously (6-0) Kelly Gent was absent. CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: JPerdue/LKoonce Council Meeting Date: 10-13-2008 Agenda No. B.4 Subject: PU 2008-029 Authorize Payment to Motorola for Radio Maintenance Agreement The annual maintenance agreement for all Motorola radios and related equipment is now due in the amount of $373,028.16. The City of North Richland Hills has shared the maintenance costs included in this agreement with the Cities of Bedford, Euless, Keller, Haltom City, Southlake, Colleyville, Grapevine, Richland Hills and Tarrant County for the past twenty-one (21) years. The City of North Richland Hills pays the amount in full and then is reimbursed $337,172.28 by the other entities for their share of the radio maintenance. An Inter-local Agreement is in place to facilitate this. Currently, there are 3,231 radios and 31 radio consoles covered by this contract along with some additional miscellaneous equipment. The Inter-local Agreements that were written to accommodate this contract were implemented in order to provide bulk discounting, thereby alleviating some of the costs on a per agency basis. The contract allows for the repair of our radio equipment, replacement of portable antennas if lost or damaged, replacement batteries for portables and other such items of benefit to the agencies represented. Funding Source: 115-8012-531.43-65 $337,172.16 001-8901-532.43-65 $ 35, 856.00 Recommendation: Approve PU 2008-029 authorizing payment to Motorola for Radio Maintenance MOTOROLA Affn: National Service Support 1309 East Algonquin Road Schaumburg, IL 60196 ~soo12~~-23as SERVICE AGREEMENT ContractNumber: S00001003088 Contract Modifier: RN02-JUL-08 15:09:25 Supersedes Agreement(s): Date: 09J08J2008 Company Name: NORTH RICHLAND HILLS, CITY OF Attn: Billing Address: 7301 Ne Loop 820 City, State, Zip: North Richland Hills, TX 76180 Customer Contact: Sean Hughes Phone: (817}427-6969 Fax: Required P.O.: Na Customer # : 1000720707 Bill to Tag # : 0001 Contract Start Date: 10J01J2008 Contract End Date: 09/30/2009 Anniversary Day: Sep 30th Payment Cycle: ANNUAL Tax Exempt: Exempt From AEI Taxes PO#: Annual Prepay Discount Applied QtY Madell~ption Description Monthly Ext Extended ***"`* Recurring Services ***** SVC02SV00030C SP • LOCAL REPAIR WITH ONSlTE RESPONSE f 2 SITE(S) $31,085.68 $373,028.16 SPECIAL INSTRUCTIONS - ATTACiisTATEMENroFWORI<FOR Subtotal -Recurring Services $ 31,485.68 $ 373,028.16 PERFORMANCE DESCRIPTIONS Subtotal -One-Time Event $ .00 $ .00 Services Total $31,085.68 $373,028.16 This contract is to cover repairs for the Consortium of Taxes - - cities that include, Bedford, Euless, Keller, Haltom City, Grand Total $ 31;085.68 $ 373,028.16 Southlake, GolleyVille, Grapevine, Richland Hills, Tarrant "Sell Price Reflects Annual Prepay Eliscounl count Sheriff, and North Richland Hills. THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING Y JUi21SDiCT'ION5 wwERE APPLICABLE TO BE VERIFIED SY MOTOROLA. !received Statements or Work that describe the services provided on this Agreement. Motorola's 3ervfce T6rnts and Condltlons, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. Subcontractors} City State DFW COMMUNICATIONS INC IRVING Tx AUTHORIZED CUSTOMER SIGNATURE ~ (PR TITLE DATE MOTO REPRESENTATIV (SIG~I~ATURE) TITLE ATE MO ROLA REPRESENTA VE (PRINT NAME) PHONE FAX Service Terms and Conditions Motorola, Inc.,("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Sectian 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support andtor other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Sectian 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence aver any attachments, unless the cover page ar attachment. specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Sectian 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin an the "Start Date" indicated in this Agreement. Sectian 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a mare detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then-applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set fiorth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number fist of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion., be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner carrsistent with the level ofi Service purchased as indicated in this Agreement. Sectian 5 EXGLUDED SERVIGES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of Gad or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the Internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location. specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,. anon-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motoroia or its subcontractors will not be imposed as a site access requirement. Customer will provide. all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.rn., Iacal time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers} that will be available twenty-four (24} hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola wilt invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motoroia) by any governmental entity. Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. in the event of a breach of this warranty, Customer's solve remedy is to require Motorola to re-perform the non-conforming- Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 14 DEFAULT/TERMtNATION 10.1. 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Customer will safeguard ail such property while it is in Customer's custody or control, be liable for any lass or damage to such property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 1T GENERAL TERMS 17.1. If any court. renders- any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties wil! be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, ar acts of Gad. 17.5. 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CITY OF NORTH RI CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 10-13-2008 Presented by: Eric Wilhite Agenda No. C.1 Subject: ZC 2008-06 Public Hearing and Consideration of a Request from Victor Noble and Barry Walling to Approve a Zoning Change from R-3 to R2 (0.894 ac); AG to R-2 (0.784 ac); and C-1 to R-2 (1.943 ac) (Located in the 8200 Block of Sayers Lane) - Ordinance No. 3023 Case Summary: The applicant is requesting a rezoning of three parcels that total 3.61 acres. All three parcels are shown on the following Location Map. Parcel 1 is proposed to be rezoned from R-3 (single-family residential) to R-2 (single- family residential) and is 0.894 acres. This portion will bring the proposed lot into consistency with R-2 standards. This parcel is 0.894 ac and is planned to be subdivided to create two lots. Parcel 2 is 0.784 acres and is proposed to be rezoned from AG to R-2. This parcel is also planned to be subdivided to create two lots as well. Parcel 3 is 1.943 acres and is proposed to be rezoned from C-1 commercial to R-2. This parcel is planned to be platted as one large lot. This parcel does not have any direct street frontage and coupled with the significant amount of floodplain located on the property makes its commercial viability very unlikely. Therefore staff believes parcel 3 is better served to become a residential property and combined with the adjacent residential property. Access to this lot will be provided by a mutual access easement that will cross Parcel 2 and tie into Forrest Lane. All parcels are being platted as lots concurrently with this zoning change request (FP 2008-04) and will meet the appropriate lot square footages for the R-2 Single Family zoning districts being requested. Plat Status: The platting of these properties is being processed concurrently with this zoning change request. Existing Site Conditions: The tracts of land are currently vacant with typical vegetation throughout. A significant portion of Parcel 3 is within the 100 year floodplain. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for Parcels 2 and 3; and displays Office uses for Parcel 1. Thoroughfare Plan: Parcel 1 has access and frontage onto Sayers Lane which is a 30 feet wide street with a 50 feet wide right-of-way. Parcels 2 and 3 have access to Forrest Lane. Parcel 3, while not having direct access or frontage on to Forrest Lane, will have access via a mutual access easement as indicated on the plat shown in FP 2008-04 (the next agenda item). Surrounding Zoning /Land Use: North: R-3 /residential East: R-3 and C-1 /residential, commercial land use South: R-2 /residential West: AG and R-3 /residential structure Planning and Zoning Commission Recommendation: Approved by a 5-0 vote. Staff Recommendation: Approval of Ordinance No. 3023; RP 2008-10 Review Schedule: Application: 5/5/08 Final Hearing: 10/13/08 Staff Review: 3 weeks Scheduling Time: 20 weeks Applicant Revision Time: 0 weeks Total Review Time: 23 weeks The time frame on this zoning request was extended as it relates to scheduling time because the zoning change request was submitted concurrently with the plat. The plat had more complicated issues to resolve and is as typical with similar type cases that have platting and zoning, staff kept the cases together for scheduling on Planning and Zoning Commission, and City Council agendas. LOCATION MAP ZC 2008-06 ZoningChange: R-3 to R-2, AG to R-2, C-1 to R-2 8200 Block of Sayers Lane Prepared by Planning 8/19J08 0 70 1~0 280 X20 Aso PROPERTY OWNER NOTIFICATION -PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION Case #: ZC 2008-06 Applicant: Victor Noble / Westrom & Walling Developers Location: 8200 Block Sayers Lane (3.61 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 Victor Noble to rezone multiple parcels of land: Tracts 2A2 and 2A2A, A-146 from R-3 to R-2 and AG to R-2; and Tract 2B1, A-146 from C-1 to R-2 comprising a total of 3.61 acres located in the 8200 Block of Sayers Lane. Public Hearing Schedule: Public Hearing Date: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 4, 2008 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) 427-6300 Fax (817) 427-6303 PROPERTY OWNER NOTIFICATION -CITY COUNCIL ~~CH ~:'r~`"- ° NOTICE OF PUBLIC HEARING ~~ ~ F N RTH RICHLAND HILLS ~: ~, CITY O O ~ ~~ .. ' CITY COU NCI L ~ ''~ Case #: ZC 2008-06 Applicant: Victor Noble / Westrom & Walling Developers Location: 8200 Block Sayers Lane (3.61 acres) You are receiving this notice because you are a property owner of record within I 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 Victor Noble to rezone multiple parcels of land: Tracts 2A2 and 2A2A, A-146 from R-3 to R-2 and AG to R-2; and Tract 2B1, A-146 from C-1 to R-2 comprising a total of 3.61 acres located in the 8200 Block of Sayers Lane. Public Hearing Schedule: Public Hearing Date: CITY COUNCIL -MONDAY, OCTOBER 13, 2008 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) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Peggy A. Clark Jeffrey Leyshon Westrom & Walling Developers 8124 Sayers 7457 Timberhill Dr. 1500 Brown Trail, Ste 205 Ft. Worth, TX 76180 Ft. W°rth, TX 76180 Bedford, TX 76022 Clarence Kidd 8125 Sayers Ft. Worth, TX 76180 David B. Wyatt 2732 Willow Creek Ct. Bedford, TX 76021 Dino Etuz Pamela J. Nolte 820b Sayers Ft. Worth, TX 76180 Sylvester Schneider 8244 Wood Lane Ft. Worth, TX 76180 ACE Interests Corp. 8004 Main St NRH, TX 76180 Jahn Etua Mihoko Dufresne 4928 Stirrup Way Keller, TX 76248 Carril Etuz Pat Braudrick 8201 Sayers Ft. worth, TX 76180 Sylvia Thrash 8205 Sayers Ft. Worth, TX 76180 Mitchell Johnson 8220 Sayers Ft. Worth, TX 76180 Robert Etuz Patricia Hunt 8216 Sayers Ft. Worth, TX 76180 Harold W. Etua Brenda Gilbreath 8212 Sayers Ft. Worth, TX 76180 Vincent & Linda Herdman 6524 Briley Ft. Worth, TX 76180 Douglas A. Etuz Donna A. Curry 7469 Timberhill Dr. Ft. Worth, TX 76180 Alan L. Etua Julie C. Knapp 7464 Timberhill Dr. Ft. Worth, TX 76180 Clarence & Carolyn Miller 7468 Timberhill Dr Ft. Worth, TX 76180 Janice K. Roper 7432 Forrest Lane Ft. Worth, TX 76180 Joseph E. Jr. Etuz Tami Gieder 7313 Crabtree Lane Ft. Worth, TX 76180 Jeremy Jones 7424 Forrest Lane Ft. Worth, TX 76180 'Victor & Cordell Noble 8128 Sayers Ft. 'Worth, TX 76180 Gateway Church ATTN: Tom Lane 2121 E. Southlake Blvd., Ste B. Southlake, TX 76092 ORDINANCE NO. 3023 ZONING CASE ZC 2008-06 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 THREE CONTIGUOUS TRACTS OF PROPERTY LOCATED IN THE 8200 BLOCK OF SAYERS LANE FROM R- 3 (SINGLE FAMILY RESIDENTIAL), AG (AGRICULTURAL), AND C-1 (COMMERCIAL) TO R-2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning the three tracts of land located in the City of North Richland Hills, Tarrant County, Texas, described in the legal descriptions attached hereto as Exhibits A, B and C from R-3 (Single family residential), AG (Agricultural) and C-1 to R-2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. 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 on this 13th day of October, 2008. 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: John Pitstick, Planning & Development Director EXHIBIT A 0.894 ACRES EXISTING ZGNING: R-3 PROPGSED ~GNING: R-2 BEING a 0.894 acre tract of land situated in the W.D. Barnes Survey, Abstract No_ 146, Tarrant County, Texas, and being a portion of that certain tract of land described in deed to Victor and Cordell Noble, recorded in Instrument Na. D205356893, Deed Records, Tarrant County, Texas. The bearings for this survey are based on Instrument No. D205358$93 ,Deed Records, Tarrant County, Texas. Said 0.894 acre tract being described by metes and bounds as follows: BEGINNING at a 112" iron pipe found at the northeast corner of said Noble tract, being in the south right of way line of Sayers Lane, a 50' public right-of-way; THENCE SGUTH, departing the south right-of-way line of said Sayers Lane and continuing along the east line cif said Noble tract, a distance of 208.45 Feet to a 112" iron rod found at the northwest corner of a portion of that. certain tract of land described in deed to Westrom and 111lalling Developers, recorded in Instrument Number D207332~44, Real Property Records, Tarrant County, Texas; THENCE North 89°28'10" West to the west property line of said Noble tract, a distance of ~ 45.00 feet; THENCE NQRTH to the northwest corner of said Noble tract, being in the south right-of-way line of Sayers Lane, a distance of 268.54 feet to 112" iron rod found. THENCE South 89°26'00" East, departing the said west line and continuing along the south right-of--way line of said Sayers Lane, a distance of '145.00 Feet to the PINT ~F BEGINNING; and containing a computed area of 0.894 Acres, more or less. EXHIBIT B 0.784 ACRES EXISTING ZONING: AG PROPOSED ZONING: R-2 BEING a U.784 acre tract of land situated in the W.D. Games Survey, Abstract No. '146, Tarrant County, Texas, and being a portion of that certain tract of land described in deed to Victor and Cordell Noble, recorded ~n Instrument No. D205356893, peed Records, Tarrant County, Texas. The bearings for this survey are based on Instrument No. p205356893, Deed Records, Tarrant County, Texas. Said 4.783 acre tract being described by metes and bounds as follows: BEGINNING at a 112" capped iron rod set at the southwest corner of said Noble tract; THENCE Nt~RTH along the west line of said Noble tract, a distance of 235.45 fee#; THENCE South 89°28'1 Q" East to a X12" iron rod found, a distance of 145.0 feet to the northwest corner of a portion of that certain tract of land described in deed to Westrorn and Walling Developers, recorded in Instrument Number D207332fi44, Real Property Records, Tarrant County, Texas; THENCE SOUTH to 912" iron rod found, being the southwest corner of said Westrom and Wailing Developer tract, a distance of 235.G5 fee#. THENCE North $9°23'24" West, along south property line of said Noble tract to a 112" capped iron rod set "RPLS 4898", a distance of 145.04 Eeet to the POINT 01= BEGINNING; and containing a computed area of Q.7$4 Acres, more or less. EXHIBIT C 1.543 ACRES EXISTING ZONING: C•1 PROPOSED ZONING: R-2 BEING a 1.943 acre tract of land situated in the W.D. Barnes Survey, Abstract No. 148, Tarrant County, Texas, and being a portion of that certain tract of land described in deed to 1Nestrom and Walling Developers, recorded in Instrument Number DZ07332fi44, Real Property Records, Tarrant County, Texas. Said 1.934 acre tract being described by metes and bounds as follows: BEGINNING at a 112" capped iron fad found at the southwest corner of said Westram and 1Nsfling Developers trac#; THENCE NORTk~ along east proper#y line of said Westram and Walling Developer tract #o a 112" capped iron rod found star~nped "RPLS 4818", a distance of 235.65 feet; THENCE South 89°2S'1B" East, along the north line of the said Westrom end Walling Developers tract, a distance of 358.98 Feet to a 112" iron rod with plastic cap s#amped "Spooner RPLS 4813" found at the nar#heas# comer of the said Wrestrom and Walling Developers tract, same being the northwest corner of that certain tract of land described in deed #o Gateway Church recorded in Instrument Number D206407fi92, Real Property Records, Tarrant Ct~unfiy, Texas; THENCE South DO°20'2D" West, along the common line of the said Westrom and Walling Developers tract and the said Gateway Church tract, a distance of 23fi.77 Feet to a 'I12" iron rod with plan#ic cap stamped "RPLS 4818" set on the north line of Lc~t 1'I, Block 6, Crestwood Estates, recorded in Cabinet A, Slide 3413, Plat Records, Tarrant County, Texas; THENCE North 89°18'25" West, along the said earth line, a distance of 290.95 Feet to a 112" iron rod found at the northwest corner of said Lot 11, same being the northeast corner of dot 1, Block B, Crestwood Estates, retarded in Volume 388-101, Rage 54, Pla# Retards, Tarrant County, Texas; THENCE North 89°12'20" West, along the north fine of said lot 'I, Block 6, a distance of GG.G1 feet tv a 112" iron rod found at an ell comer of the said Westram and Walling Developers trac#, same being the southeast corner of Noble tract; to the POINT OF BEGINNING; and containing a computed area of 1.943 Acres, more ar less. Zoning Exhibit EXCERPT FROM THE MINUTES OF THE SEPTEMBER 4, 2008 PLANNING AND ZONING COMMISSION MEETING Public Hearing and Consideration of a Request from Victor Noble and Barry Walling to Approve a Zoning Change from R-3 to R2 (0.894 ac); AG to R-2 (0.784 ac); and C-1 to R-2 (1.943 ac) (Located in the 8200 Block of Sayers Lane). Chairman Shiflet opened the Public Hearing at 7:13 p.m. Ed Kellie, Kellie Engineering, 200 Rufe Snow, Keller, TX, came forward. He explained that the two owners, Victor Noble and Barry Walling of Westrom and Walling Development are present this evening. Mr. Noble has owned the tract to the west for about twenty years with mixed zoning of R3 and AG. The other tract was commercial and at one time a part of a larger tract extended to the east and is now owned by Westrom & Walling. We are proposing to rezone the 3.7 acres and consolidate it into the R2 Zoning and in subsequent cases represented tonight to consider platting into 5 residential lots under the R2 Zoning District. Eric Wilhite stated this was a zoning change request to turn a tract that was formerly commercial and rezone and clean the existing tracts to develop single family detached residential. He explained that part of the tracts were mixed zoning and staff recommends approval as there are no issues with the rezoning. He stated Parcel One has access and frontage onto Sayers Lane, Parcels Two and Three have access to Forrest Lane. Parcel Three, while not having direct access or frontage onto Forrest Lane, will have access via a mutual access easement that is being platted. Staff has reviewed and recommends approval. Doug Curry, 7469 Timberhill, NRH came forward with concerns about the flood run off on the proposed lots and how it would be affected. Eric Wilhite stated that from a planning perspective, drainage issues have to be taken care of regardless of the land use or zoning therefore it would be substantially less impacted as single family residential rather than commercial. Ed Kellie addressed the drainage on the site. The southern portion of the large lot zoned commercial is basically a flood plain area. At least 35% of the lot will be designated as flood plain; therefore no building would be permitted in the flood plain area or change to the existing drainage patterns. He stated there is a lot of pipe storm drainage from Forrest Lane and subdivisions to the west. The east lot on Forrest Lane immediately north, has two large storm drains and another from the west which all discharges into an open channel from other subdivisions. All that has been considered, the building pad sites are being elevated so the sheet flow drainage will not affect the building pad sites. On Mr. Noble's property a drop inlet is being installed to collect sheet flow that comes to the corner of his property and tying into the existing storm drain systems. He stated they have worked with City Staff for several months to make sure the drainage is adequately addressed. Chairman Shiflet stated from personal knowledge, he is very aware of the drainage issues this subdivision has had in the past. There have been many improvements over the past year and drainage will still remain a concern but it will be more advantageous to your neighborhood to add homes rather than commercial building. Don Bowen explained to Mr. Curry if he looks at what is identified as Lot 3, that is one residential lot. Lots 1 and 2 will both be subdivided into two lots. Greg Hester, 8205 Sayers Lane, NRH ,came forward asking if another street will join to Sayers where it currently dead ends? Chairman Shiflet said no. Don Bowen stated access to a large lot will be through an access easement from Forrest Lane. Mr. Hester asked if this was for single family only? Don Bowen said yes, single family. Chairman Shiflet closed the Public Hearing at 7:24 p.m. ~PPR(~VFD Don Bowen, seconded by Mike Benton, motioned to approve ZC 2008-06. The motion was carried unanimously (5-0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CI TY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 10-13-2008 Presented by: Eric Wilhite Agenda No. D.1 Subject: FP 2008-04 Consideration of a Request from Victor Noble and Barry Walling to Approve a Final Plat of Lots 9-13, Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Lane - 3.621 acres). Case Summary: The applicants, Victor Noble and Westrom and Walling Developers, are requesting to final plat 3.61 acres. The proposed platting will create 5 residential lots. Lots identified on the exhibit as 9 and 10 will both have frontage on Sayers Lane (as the unplatted parcels currently do). The southern two lots, identified as lots 11 and 12 will have access to Forrest Lane. Lot 13 does not have direct street frontage but will have access to Forrest Lane via a dedicated access easement from the Forrest Lane right-of-way across lot 12 as indicated on the Final Plat exhibit. Current Zoning: Running concurrently with the final plat request is a zoning change request to R-2 (single-family) for all proposed lots. Thoroughfare Plan: Proposed lots have access onto Sayers Lane which is considered a local residential street with a 50 feet of right of way, and access on Forrest Lane, also a local residential street with a 50 feet of right of way, and lot 13 will have access via a proposed variable width access easement crossing lot 12. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lots proposed by the plat are 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 has determined that the developer will be required to assume 100% of the amount required for such public infrastructure improvements, with the exception of an additional 6-inch diameter water main which is indicated on the final Utility Plan for the Subdivision. The City of North Richland Hills' Public Works Department will be responsible for installing the 6-inch water main to provide better water flow and fire protection to Sayers Lane. The Developer is only being required to provide the public improvements necessary for the development. The extension of the 6-inch water main is not required for the development but if installed with this development the location of the water main can be incorporated into the developer's plan and an easement provided to the city. Planning and Zoning Commission Recommendation: Approved by a 5-0 vote. Staff Recommendation: Approval of final plat request FP 2008-04. Review Schedule: Application: 5/5/08 Final Hearing: 10/13/08 Staff Review 6 weeks Scheduling Time: 9 weeks Applicant Revision Time: 8 weeks Total Review Time: 23 weeks A portion of the time was due to securing necessary utility plans and easements for improvements. LOCATION MAP FP 2308-04 Final Plat Lots 9-13, Block 3 8200 Block of Sayers Lane Prepared b~ Planning 8J~9/08 Feet 0 87.E 17~ 3~0 ~2~ l00 Replat Exhibit EXCERPT FROM THE MINUTES OF THE SEPTEMBER 4, 2008 PLANNING AND ZONING COMMISSION MEETING FP 2008-04 Consideration of a Request from Victor Noble and Barry Walling to Approve a Final Plat of Lots 9-13, Block 3, Woodbert Addition (Located in the 8200 Block of Sayers Lane - 3.621 acres). Ed Kellie, Kellie Engineering, Keller, TX came forward representing the owners. He commented that if the audience is confused why they are seeing the same thing again, it is because the preliminary plat on a larger subdivision will be used to make sure the engineering issues can be addressed. It also gives the Planning and Zoning Commission a chance to look at something from a preliminary level and give the engineer and developer some guidance on more complex cases. Seeing this somewhat straightforward case, Staff has elected to put all the cases sequentially this evening and the final plat is the legal subdivision of the property that will be recorded at the county. Construction plans have also been approved with the final plat. Eric Wilhite stated this final plat stays consistent with the preliminary plat and does meet the subdivision rules and regulations and recommends approval. APPROVED Mike Benton, seconded by Kelly Gent, motioned to approve FP 2008-04. The motion was carried unanimously (5-0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 10-13-2008 Presented by: Eric Wilhite Agenda No. D.2 Subject: FP 2007-08 Consideration of a Request from Cary Clarke Homes to Approve a Final Plat of 33 Lots in the Highland Park Addition (Located in the 9200 Block of Amundson Drive - 6.717 acres) Case Summary: Cary Clarke Homes Inc. is requesting approval of a Final Plat for a 33 lot, 6.717 acre subdivision. The properties included in this final plat request were zoned to a RI-PD (residential infill-planned development) and O (office) on June 11, 2007. The plat consists of the following: Lots 1-4, Block 5 represent the office zoning, with twenty-one (21) lots identified in Blocks 1 and 2 as being single-family residential and seven (7) lots identified in Block 3 for open space and street enhancement areas. Since the street was proposed as a private street during the RI-PD zoning, one (1) lot is shown in Block 4 as private street right of way (ROW). The subdivision is consistent with the design elements required and indicated by the RI-PD site plan (attached for reference). Due to the number of residential lots proposed for the subdivision, the residential component of the development is required to have two access points. The development will have one primary entrance off of Amundson Drive and a secondary access point across the proposed office lots over to Precinct Line Road. This secondary access point as indicated on the plat will be utilized as emergency access only and will be gated. The secondary access paving will be constructed across the office lots at the time that the RI-PD residential portion of the development occurs. At this point in time it is anticipated that the residential portion will occur first but the developer could proceed with the office portion first if he chooses to do so. Current Zoning: RI-PD (residential-infill planned development) and O-1 (office). Thoroughfare Plan: The residential portion of the development has primary access on Amundson Drive, a Major Collector Street (C4U) with 68 feet of right-of-way, and secondary emergency access to Precinct Line Road which is a Principle Arterial Street (P6D) with 120 feet of right-of-way. The office lots will also have frontage and access on Precinct Line Road with one drive as indicated by the mutual access easement as indicated across all lots. Comprehensive Plan: The Comprehensive Plan indicates residential and office uses for this area. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the zoning established by the RI-PD and subdivision ordinances. The construction of public infrastructure improvements is required for the development of the site. Therefore, the developer will be required to assume 100% of the public infrastructure improvements required for the development of the subdivision. Planning and Zoning Commission Recommendation: Approved by a 6-0 vote. Staff Recommendation: Approval of final plat request RP 2008-03. Review Schedule: Application: 5/28/07 Final Hearing: 10/13/08 Staff Review: 12 weeks Scheduling Time: 5 weeks Applicant Revision Time: 55 weeks Total Review Time: 72 weeks Total review time was extended on this request due to street access issues the applicant experienced with TxDOT. The original access between lots 1 and 3 of the office lots over to Precinct Line Road was not approved by TxDOT. TxDOT required the access to be moved further south which involved property not owned by the applicant at that time. It took the applicant approximately one year to acquire the property necessary and to comply with TxDOT's requirements. In addition the property acquired by the applicant had to undergo a separate platting and zoning process prior to being included in this plat request. All access issues have now been resolved. LOCATION MAP FP 2007-08 Final Plat Highland Park 9200 Blk. of Amundson Drive Prepared by Planning 9111!08 0 20o aoo 800 1200 1 X00 _ ~~p_q_qp~8. 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A0.4 A fV r ,a -'s 3 £ ~ ~ ~, ~. ~ ~~ Vii` ~ .............---- -~~_ ,~ . !f.hl) rr: l::: Yom';; ~:J _dA" ~~~ EXCERPT FROM THE MINUTES OF THE SEPTEMBER 18, 2008 PLANNING AND ZONING COMMISSION MEETING FP 2007-08 Consideration of a Request from Cary Clarke Homes to Approve a Final Plat of 33 Lots in the Highland Park Addition (Located in the 9200 Block of Amundson Drive - 6.717 acres) Cary Clarke, 601 Zena Rucker Rd., Southlake, TX ,came forward and stated that they have been working on this project for the last couple of years. They finally have all of the pieces in place. We are very excited to get started developing Highland Park and becoming a part of the North Richland Hills community. Eric Wilhite came forward and said that this is a final plat on a Residential Infill Planned Development and office project. The residential portion was approved for Residential Infill Planned Development and the other 4 lots along Precinct Line were approved for office zoning. This plat will final plat all of the lots that were previously preliminary platted. This also includes the street and the common open spaces along the street. The larger open space lot works as drainage and for some of the amenities for the RI- PD. Since this has a single primary entrance off of Amundson, the site plan has emergency access only into the subdivision from the office park. The easement goes across the 4 office lots and accesses Precinct Line. That will be for emergency access only and mutual access for the office lots that are being platted. The plat before you does meet all subdivision rules and regulations and is consistent with the approved site plan for the RI-PD and staff recommends approval. APPROVED Bill Schopper seconded by Mike Benton, motioned to approve FP 2007-08 . The motion was carried unanimously (6-0) Kelly Gent was absent. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10-13-2008 Agenda No. F.1 Subject: GN 2008-099 Appointments to Keep NRH Beautiful Commission -Place 1 & Alternate Teresa Hebert who has been serving in Place 1 on the Keep NRH Beautiful Commission has submitted her resignation. Councilman Lewis is recommending that Dianna Spradling, who is currently serving as the alternate, be appointed to the Place 1 position. Ms. Spradling's term will expire June 2009. Mayor Trevino is recommending that Mr. Justin Welborn be appointed to fill the Alternate vacancy. Mr. Welborn's term of office will expire June 2010. Mr. Welborn lives in the southern quadrant of the City. Recommendation: To approve the appointment of Dianna Spradling to Place 1, term expiring June 30, 2009 and the appointment of Justin Welborn as Alternate, term expiring June 30, 2010. CITY OF NORTH RICHLAND H-LLS Department: Neighborhood Services Presented by: Jo Ann Stout Council Meeting Date: 10-13-2008 Agenda No. F.2 Subject: GN 2008-096 Adding a New Subsection 34-33(27) Declaring Dead Trees to Be a Public Nuisance -Ordinance No. 3021 Neighborhood Services Department's Code Compliance personnel have received calls from citizens inquiring about dead trees located on their neighbors' yards that they are fearful will eventually fall, causing damage to their homes. Our current Landscape Ordinance only addresses "protected trees" and therefore, Code Compliance has no mechanism to deal with these types of issues. An ordinance is being presented for Council consideration to deal with this type situation. The proposed ordinance declares dead trees as a "Public Nuisance" if, in the opinion of the City Arborist, the dead tree poses an immediate risk of falling or limbs that lean in a manner that poses a risk to persons or property, the owner of the tree will be responsible for removing the dead tree or cutting the limbs back so as not to damage his/her home or the adjacent neighbor's property. Code Compliance has talked to the Parks Department and they are willing to have the arborist inspect such trees that citizens believe to be a danger to them or their property, and determine if the tree is in such a condition that it poses a threat to persons or property. If the arborist does feel that the tree is a threat, Code Compliance will initiate immediate action to have the property owner remove the tree. Code Compliance believes that the approval of this ordinance, which will allow them to address deceased trees, will be an affective tool in the health and safety of our residents. Recommendation: Approval of Ordinance No. 3021 NCH ORDINANCE NO. 3021 AN ORDINANCE AMENDING SECTION 34-33 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING A NEW SUBSECTION 34-33(27) DECLARING DEAD TREES TO BE A PUBLIC NUISANCE; DEFINING AND PROHIBITING SUCH NUISANCE; PROVIDING A PENALTY AND FOR PUBLICATION. WHEREAS, Texas law, including but not limited to Section 217.042, Texas Local Government Code, provides for that home rule municipalities may define and prohibit public nuisances within such cities and provide for summary abatement; and; WHEREAS, dead trees and trees which endanger persons and property in their vicinity constitute a nuisance and should be prohibited and provision made for their abatement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 34-33 of the North Richland Hills Code of Ordinances is hereby amended by adding a new subsection 34-33(27) which shall read as follows: "Sec. 34-33. Specific Nuisances (27) Any tree which in the opinion of the city arborist is dead and/or constitutes an immediate safety risk to persons or property " Section 2: Any nuisance defined by this ordinance is prohibited and any person owning or having charge of any property where such ordinance is located shall be subject to the requirements of Chapter 34 of the North Richland Hills Code of Ordinances and shall remove such nuisance as provided for by such chapter. Failure to remove such nuisance shall constitute a misdemeanor punishable by a fine not to exceed $2000.00. Every day such nuisance is allowed to remain after the deadline provided by notice is given to remove it shall constitute a separate offense punishable hereunder. Section 3: The City Secretary is authorized and directed to cause publication of this ordinance as provided by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of October, 2008. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Chun Mezger Council Meeting Date: 10-13-2008 Agenda No. F.3 Subject: GN 2008-097 Amending Chapter 14 Article XII to Restrict the Tethering of Dogs -Ordinance No. 3022 On October 8, 2007, Council approved changing Art XII Sec 14-395(3) from allowing dogs to be tethered from 8 hours within a 24 hour period to no more than 3 hours within a 24 hour period to comply with current state law. The American Veterinary Medical Association (AVMA), the Humane Society of the United States and many other national animal welfare organizations agree that a dog kept chained alone in one spot for hours, days, months, or even years suffers immense psychological damage. Dogs are naturally social beings that thrive on interaction with human beings and other animals. Not only do the dogs suffer psychological trauma but they can also be physically injured even resulting in death. Chaining of a dog for long periods can also attribute to aggressive and antisocial behavior. Because of this and other concerns, it is being suggested that Council consider modifying the current ordinance to prohibit the tethering of a dog with a few exceptions which are identified below. The main emphasis of the proposed ordinance is to prohibit the tethering of a dog other than for particular situations stated in the Ordinance, along with minor verbiage changes such as changing animal control officer to humane officer. The exceptions to the no tethering law includes tethering during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or that is required to protect the safety or welfare of a person or the dog, if the dog's owner or handler remains with the dog throughout the period of restraint. A number of other cities have adopted a similar ordinance as that being proposed. The cities of Austin, Fort Worth and Irving no longer allow dogs to be tethered. This is a new trend that most cities are adopting. We presented this to the Animal Shelter Advisory Board in July and they unanimously recommended this change in our current ordinance. Recommendation: Approve Ordinance No. 3022. ORDINANCE NO. 3022 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AMENDING ARTICLE XII OF CHAPTER 14 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY CHANGING CERTAIN TERMINOLOGY AND BY ALTERING THE RESTRICTIONS ON RESTRAINING ANIMALS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, city staff has recommended alteration of current regulations concerning the use of restraints for dogs and puppies to more adequately protect against inhumane treatment of such animals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Article XII of Chapter 14 of the North Richland Hills Code of Ordinances of the City of North Richland Hills, Texas is hereby amended by amending Sections 14-391, 14-392, 14-395, 14-398 and 14-400, to read as follows: "Sec. 14-391. Impoundment generally. Animals owned or harbored in violation of this chapter or law of the state shall be taken into custody by a humane officer or other designated official and impounded under the provisions of this chapter. Sec. 14-392. Disposition of impounded animals. (a) Dogs and cats with no identification. All dogs and cats impounded by the humane division or brought to the animal adoption and rescue center by a person other than the harborer or owner of that animal shall be held for a minimum of 96 hours during which time period the owner may present proof of ownership at the center and after paying all applicable fees, that owner may reclaim the dog/cat. In the event that the dog/cat is not claimed after 96 hours in the center, that dog/cat shall become the property of the city. (b) Dogs and cats with identification. All dogs and cats impounded by the humane division or brought to the animal adoption and rescue center by a person other than the harborer or owner of that animal that are wearing traceable identification or where an owner is known shall be held in the center for a minimum of seven complete days from the time the animal enters the facility, during which time the humane division shall notify the owner, when known, of the impoundment. Unless the owner has notified the humane division in writing of his intentions to claim the dog/cat after that date, listing a date by which time that owner will reclaim the dog/cat and satisfy all applicable fees and this arrangements has been approved by the humane division supervisor, the animal shall become the property of the city on the eighth day. (c) Animals surrendered by owner/harborer. All animals surrendered by the owner/harborer to the humane division shall become the property of the city immediately upon completion of the owner/harborer surrender form. (d) Animals other than dogs, cats, or estrays impounded. All animals other than dogs, cats, estrays, or animals holding current restricted animal permits in the city impounded by the humane division or brought to the center by a person other than the owner/harborer shall become the property of the city unless such ownership is prohibited by state or federal law. (e) Disposition of animals. Final disposition of all unclaimed animals shall rest with the humane division. The humane division or as otherwise designated by the city manager shall retain sole authority to determine the final disposition of each animal in its custody once that animal becomes the property of the city, and shall not place any animal for adoption that is classified in this chapter as prohibited. Animals shall be euthanized by an injection of sodium pentobarbital or substances approved for euthanasia by the American Veterinary Medical Association and/or the Texas Veterinary Medical Association to be administered by a certified euthanasia technician. All animals listed as endangered or protected shall be transferred to the proper authority at the earliest possible date. Sec. 14-395. Animals at large; restraint. It shall be unlawful for any person owning or harboring an animal to permit such animal to run at large. Any officer or citizen of the city is hereby authorized to take up and deliver to the animal adoption and rescue center any animal mentioned in this chapter that may be found "at large" in the corporate limits of the city, subject to the applicable provisions of the law. Failure to notify and/or turn over to the humane division any such animal within 48 hours may subject the person taking up the animal to civil and/or criminal action. The humane officer or his agent and peace officer or as otherwise designated by the city manager are authorized to impound any animal mentioned in this chapter which is in violation of the chapter. In the event the animal is on private property or property of the animal's owner the humane officer may enter the property, other than a private dwelling, for the purpose of impoundment or issuance of a citation, or both, subject to the applicable provisions of the law. (1) It shall be unlawful for any animal to "run at large" as defined in section 14-2 of this chapter. (2) No dog or puppy may be restrained by a chain or tether unless the person is holding the chain or tether. (3) The prohibition of subsection (2) does not apply to a temporary restraint: (a) during a lawful animal event, veterinary treatment, grooming, training, or law enforcement activity; or (b) that is required to protect the safety or welfare of a person or the dog, if the dog's owner or handler remains with the dog throughout the period of restraint. (c) A person restraining a dog with a chain or tether shall attach the chain or tether to a properly fitted collar or harness worn by the dog. A person may not wrap a chain or tether directly around the dog's neck. A person may not restrain a dog with a chain or tether that weighs more that 1/18 of the dog's body weight. A chain or tether used to restrain a dog must, by design and placement, be unlikely to become entangled. (d) A person may not restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water. (e) A person may not restrain a dog in a manner that allows the dog to move outside the person's property. Sec. 14-398. Surrender of animals. There shall be a fee for surrender of animals by owner/harborer to the animal adoption and rescue center. (1) Small animals. For small animals such as dogs or cats, a fee shall be charged per animal. In the event a litter (under 60 days of age) is surrendered the charge shall be the same as a single animal, with or without the mother. The same charge shall apply to dead animals which are picked up by the humane officer at the request of the owner. (2) Large animals. For large animals such as horses, cows, goats, sheep and pigs, a fee shall be charged per animal. (3) Surrendered animals from other cities. Owners of animals who reside outside the city who bring their animals to the center shall pay a fee. Sec. 14-400. Control notice. Where violations of restraint requirements are observed, any humane officer or as otherwise designated by the city manager may issue a control notice in lieu of a citation. The control notice will stipulate the violation observed, associated fees and a compliance date, as well as a waiver provision providing that the person to whom the control notice is issued waives all rights to protest such notice and waives all rights to a hearing on the issue relating to that notice. All associated fees shall be paid to the humane division. Failure to pay the associated fees by the compliance date or failure to waive rights by the compliance date shall constitute a violation of this article and may result in the issuance of a citation." 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 five hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. This Ordinance shall take effect immediately from and after its passage. SECTION 5. The City Secretary is hereby authorized and directed to cause the descriptive caption and penalty clauses to be published as provided for by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of October, 2008. 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: JoAnn Stout, Director of Neighborhood Services CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 10-13-2008 Agenda No. F.4 Subject: GN 2008-098 2007/2008 Bryne Justice Assistance Grant Program Award Interlocal Agreement -Resolution No. 2008-053 The U.S. Department of Justice, Bureau of Justice Assistance has notified the Police Department that grant funds have been allocated to assist in funding law enforcement programs in the City of North Richland Hills under the 2007/2008 Byrne Justice Assistance Grant program. To receive the grant funds, the Bureau of Justice Assistance has required the City of North Richland Hills, the Cities of Arlington, Bedford, Euless, Forest Hill, Fort Worth, Grapevine, Haltom City, Hurst, and Tarrant County to file a joint application after negotiating the sharing of funds with Tarrant County. The City of Fort Worth has agreed to act as the official filing agent for the other cities and Tarrant County. The municipalities involved agreed to confer 16% of their total allocated funds to Tarrant County to satisfy the disparate certification imposed on the group by the Texas Attorney General. Under the terms of the Interlocal Agreement, the City of North Richland Hills will receive $15,170. There is no requirement for a cash match under the terms of the Byrne Justice Assistance Grant program. The Police Department plans to use the proceeds of this grant award to assist in paying the salary of the Narcotics Investigator currently assigned to the Tarrant County Narcotics Unit (TCNU). The TCNU is agrant-funded program that includes the operation of a multi-agency, multi-jurisdictional program that provides enhanced narcotics enforcement by using a cooperative approach. The program also includes asset forfeiture and prosecution teams in the District Attorney's Office, a countywide computerized intelligence system and an investigative liaison with law enforcement agencies in surrounding counties. The Police Department has participated in this program since 1988, and found it to be a continued benefit to the Police Department and to the City of North Richland Hills. Recommendation: Approve Resolution No. 2008-053. Nfir2H RESOLUTION NO. 2008-053 WHEREAS, the North Richland Hills Police Department and the Police Departments of Arlington, Bedford, Euless, Forest Hill, Fort Worth, Grapevine, Haltom City, Hurst, and the Tarrant County Administrator's Office have tentatively approved an Interlocal Agreement providing for the filing of a joint application for a grant award under the 2007/2008 Byrne Justice Assistance Grant (JAG) Program and the equitable disbursement of allocated funds under that grant award; and WHEREAS, the City of North Richland Hills, Texas has reviewed the 2007/2008 Byrne Justice Assistance Grant (JAG) Program Award Interlocal Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT the City Manager, be, and is hereby, authorized to execute the attached 2007/2008 Byrne Justice Assistance Grant (JAG) Program Award Interlocal Agreement for the City of North Richland Hills, Texas. PASSED AND APPROVED this the 13th day of October, 2008. 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: Jimmy Perdue, Assistant City Manager AWARD NUMBER 2007-DJ-BX-1199 CITY SECRETARY CONTRACT NO. THE STATE OF TEXAS COUNTIES OF TARRANT, KNOW ALL BY THESE PRESENT DENTON AND WISE iNTERLOCAt AGREEMENT BETWEEN THE CITIES OF ARLINGTaN, BEFORD, EULES5, FOREST HILL, FORT WORTH,(iRAPEVINE, HALTOM CfTY, HURST, AND NORTH RICHLAND HILLS, TEXAS AND COUNTY OF TARRANT, TEXAS 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered in#o this ~~day of August 2008, by and between the COUNTY of TARRANT, acting by and through its duly authorized representative, hereinafter referred to as COUNTY, the CITY of FORT WORTH, acting by and through its duly authorized representative, hereinafter referred to as CITY, and the cities of Arlington, Bedford, Euless, Forest Hill, Grapevine, Haltom City, Hurst, and North Richland Hills, acting by and through their duly authorized representatives, and hereinafter referred to as SUBRECIPIENT, located entirely within the State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791,011 of the Texas Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying far the performance of governmental functions hereunder, shall make that performance or these payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the pertorming party for the services or functions under this agreement; and WHEREAS, under the 2007' Byrne Justice Assistance Grant (JAG), the Department of Justice ~DOJ) has awarded a total of $767, 418 to be distributed to the parties to this Agreement; and WHEREAS, the CITY has agreed to serve as the fiscal agent for the 2007 BYRNE JUSTIGE ASSISTANCE GRANT tJAG), and distribute all such funds between the cooperating parties; and WHEREAS, the CITY a rees to provide the COUNTY $66,597 from the JAG award; SUBRECIPIENT ARLIHGT~N agrees to provide the COUNTY $35,6x9 from the JAG award, SUBRECIPIENT BEDFORD agrees to provide the COUNTY $3,349 from the JAG award, SUBRECIPIENT EUlESS agrees to provide the COUNTY $2,221 from the JAG award, SUBRECIPIENT GRAPEVINE agrees to provide the COUNTY $1,750 from th8 JAG award, SUBRECIPIENT FOREST HILL agrees to provide the COUNTY $1,709 from the JAG award, SUBRECIPIENT HALTOM CITY agrees to provide the COUNTY $3,168 #rom the JAG award; SUBRECIPIENT HURST agrees to provide the COUNTY $3,087 from the JAG award; and SUBRECIPIENT NORTH RICHLAND HILLS agrees to provide the COUNTY $2,889 from the JAG award to be used in conjunction with the 515,043 provided directly to the COUNTY from the JAG award and WHEREAS, the CITY, SUBRECIPIENTS and COUNTY believe it to be in their best interests to reallocate the JAG funds as set forth herein. l:nterlocal Agreement bctwccn the Cities of Arlington, Bedford, Euless, Forest Hill, Fart Worth, Grapevine, Hzitam City, Hurst, and North Richland Hills, Texas, and the County of Tarrant, Texas AWARD NUMBER 2007-DJ-8X-1189 NUW THEREFORE, the COUNTY and CITY, and SUBRECIRIENTS agree as tollaws: Section 1. CITY agrees to pay COUNTY a total of $135,422 of JAG funds. CITY agrees to pay SUBRECIPIENT ARLINGTON a total of $186,950 of JAG funds. CITY agrees to pay SUBRECIPIENT BEDFORD a total of $17,581 of JAG funds. CITY agrees to pay SUBRECIPIENT EULESS a total of $11,659 of JAG funds. CITY agrees to pay SUBRECIPIENT FOREST HILL a total of $8,974 of JAG funds. CITY agrees to pay SUBRECIPIENT GRAPEVINE a total of $9,487 of JAG funds. CITY agrees to pay SUBRECIPIENT HALTOM CITY a total of $16,635 of JAG funds. CITY agrees to pay SUBRECIPIENT HURST a total of $16,207 of JAG funds. CITY agrees to pay SUBRECIPIENT NORTH RICHLANf] HILLS at total of $15,170 of JAG funds. Section 2. COUNTY agrees to use $135,422 for the Mental Health- Law Enforcement Liaison Program and the Adult Drug Treatment Court until September 30, 2014; and, CITY agrees to use $349,633 for the Development of a crime analysis program and crime analysis training until September 30, 2010; and, SUBRECIPIENT ARLINGTON agrees to use $188,950 for the purchase of a license plate recognition technology and wireless data network until September 30, 2010; and, SUBRECIPIENT BEDFORD agrees to use $17,581.00 for the purchase of digital in-car video camera systems until September 30, 2010; and, SUBRECIPIENT EULESS agrees to use $11,659 for the purchase and installation of a mobile virtual private network for police vehicles until September 30, 20' 0; and, SU6RECIPlENT FOREST HILL agrees to use $8,974 for the purchase equipment to support training and professional development until September 30, 2010; and, SUBRECIPIENT GRAPEVINE agrees to uss $9,187 far the purchase equipment to support training and professional development until September 30, 2010; and, SUBRECIPIENT HALTOM CITY agrees to use $16,635 for the purchase equipment to support investigations and interviews of suspects until September 30, 2iJ10; and, SUgRECIPiENT HURST agrees to use $16,207 for the purchase of hand-held electronic ticket writers until September 30, 2010; and, SUBRECIPIENT NORTH RICHLAND HILLS agrees to use $15,170 far the partially fund an investigator assigned to a regional narcotics unit until September 30, 2410. Section 3. It is expressly understood and agreed that, in the execution of this agreement, no party waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available #o it against claims arising in the exercise of governmental powers and functions. Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by tf~e other party. Section i5. This Agreement creates no rights in any third party. Interlocal Agreement between the Cities of Arlington, Bedford, Euless, Forest t Iill, Fort Wori}}, Grapevine, Haltom City, Hurst, and North Richland Hills, Texas, and the CQUnry of Tarrant, Texas 2 of 4 AWARD NUII~BER 2147-pJ-BX-1199 Section 8. As to each individual party, this contract incorporates by reference the terms and conditions contained in the following three additional documents, as if set forth at length herein: (1) the lnterlocai agreement between the City of Fort Worth and the individual municipality or county. (2) the Grant Award Agreement, and (3) the individual municipality's budget. With the exception of those aforementioned agreements and/or documents, this contract contains all commitments and agreements of the parties, and no oral or written commitments have any force ar effect to alter any term or condition of this agreement, unless in writing and signed by authorized representatives of all parties. IN WITNESS WHFROF, the following authari~ed representatives execute this agreement: CITX (J1' I~O T WQ #-I TEXAS /r By: ter' Jo ~aiaua Assistant City Manager Date: ~ L~~ `~~ APPROVED AS TO FORM AND LEGALITY; onica Wofford ood Assistant City Attorney I)ate~ ~ I ~"~ ~~ COUNTY QF TARR.ANT, TEXAS By: F3. Glen Whitley County Judge . ....... ,... .,.,. .. ... ., ... .... .• • ... .. .., APPROVED AS TO FORM AND I.EGAI,I'1'Y: Tim Curry, District Attorney, by: ATTEST: City Secret Date: Contract Na.: Interiocal Agreement between the Cities of Arlington, Bedford, Euless, Forest t-till, Fort V4'orth, Grapevine, Haltorn City, Hurst, anti Tlorth Richland Hills, Texrss, and tho County of Tarrant, Texas 3 of 4 AWARD NUMBER 2007-DJ-BX-1199 CITY OI' ARLINGTOIrT, TEXAS I3y: Ronald L. Olson Deputy City Manager C11'Y OF HURST, TEXAS By:... _~ Allan Weegar City Ivlanager CITY OF BEDFORD, TEXAS Bv: Beverly Queen City Manager CITY OF FOREST HILL, TEXAS By; Da~Tid Miller City Manager CITY OF FiALTOM CITY, TEXAS Bv: `Tom Muir City Manager CITY OF NORTH RICHLAND HILLS, TEXAS I3y; Larry Cunningham City Manager CITY OF EULESS, Z~EXAS $y: Gary 1vlcKamie City Manager CITY OF GRAPEVINE, TEXAS By: Brune Rumbelow City Manager Interlocal Agreement between the Cities of Arlington, Bedford, Euless, Forest Hill, tort Vb'orth, Grapevine, Haltom City, Hurst, ana North Richland Hil}s, Texas, and the County of Tarrant, Texas 4 of ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-13-2008 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman David Whitson Council Meeting Date: 10-13-2008 Agenda No. H.1 Subject: Announcements -Councilman Whitson Announcements The League of Women Voters will host a candidate forum at 7 p.m. on October 16t" in the Community Room at the North Richland Hills Public Library. Candidates for U.S. House of Representatives, Texas House of Representatives and County Commissioner have been invited to attend. For more information, please call 817- 472- 5982. North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2008-2009 season on October 18t" at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit www.brahmas.com or call 817-336-4423. The City of North Richland Hills is conducting a food drive through October 21St to help restock the Community Enrichment Center's Food Pantry. Donations of canned goods and other non-perishable foods can be made at NRH City Hall, Fire Stations, Senior Centers, Recreation Center and Library. A list of the most needed items is available on the City's web site at www.nrhtx.com. Bring your little ghosts and goblins out for an evening of fun at the 5th Annual Hoot n' Howl. This event will be held from 5 p.m. to 8 p.m. on Saturday, October 25th at Green Valley Park, 7701 Smithfield Road. Hoot n' Howl activities include free carnival games, bounce houses, hayrides, storytelling, a costume contest and more. This annual event is a safe alternative to trick or treating. For more information, please call 817- 427-6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Chad VanSteenberg, Planning & Development Department A resident recently e-mailed to thank Chad for helping him find answers to questions about a subdivision. He said Chad was very knowledgeable, informative and helpful and he appreciated the time he took to research this issue. The resident also said the clerks in the Planning Office were professional and pleasant to work with and all should be recognized for a job well done. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-13-2008 Agenda No. H.2 Subject: Adjournment