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HomeMy WebLinkAboutCC 2008-09-08 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 8, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008 -096 Discuss Resolution Submission for the 2008 TML Resolutions Committee (5 Minutes) A.3 IR 2008 -098 Results of Pilot Naturally Slim Program (15 Minutes) A.4 IR 2008 -099 Fire Department Prevention Division Risk Watch Educational Program (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to the provisions of Section 551.072, Texas Government Code to discuss land acquisition for future rail sites C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills Texas in compliance wit Chapter 551, Texas Government Code on September 5, 2008 at A 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. September 8, 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, September 8, 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 www.nrhtx.com meeting. agenda packet is available for download from the City's web site at after 5:00 p.m. on the Friday prior to every regularly scheduled Council A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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 August 26, 2008 City Council Meeting September 8, 2008 — City Council Agenda Page 2 of 4 B.2 FP 2008 -08 Consideration of a Request from R. T. Koonce to Approve a Final Plat of Lot 19, Block 1, Flamingo Estates Addition (Located in the 7200 Block of Eden Road - 1.4143 acres) B.3 GN 2008 -085 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access C.0 PUBLIC HEARINGS C.1 ZC 2008 -10 Public Hearing and Consideration of a Request from North Richland Hills Baptist Church to Approve a Zoning Change from C -1 - Commercial to U - Institutional on five lots in the Parchman Addition (Located between Parchman St. and Vance Rd. on Boulevard 26) - Ordinance No. 3011 C.2 SUP 2008 -06 Public Hearing and Consideration of a Request from Cubellis Architects /Engineers, representing CEC Entertainment, to Approve a Special Use Permit for the expansion to the existing Chuck E. Cheese's structure located at 7935 Boulevard 26 - Ordinance No. 3012 C.3 SUP 2008 -04 Public Hearing and Consideration of a Request from Allen Samuels Realty, Inc. to Approve a Special Use Permit for an Automobile Dealership located at 7820 NE Loop 820 and 4500 Booth Calloway Road - Ordinance No. 3013 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 GN 2008 -093 Abandon Right -of -Way for Blackman Road and a portion of Lynn Terrace and Authorize Conveyance to Allen Samuels Reality, Inc. - Ordinance No. 3019 D.2 RP 2008 -06 Consideration of a Request from Allen Samuels Realty, Inc to Approve a Replat of Lot 1, Block C -R, Lynncrest Addition and a portion of Lot 1 -R, Block 1, Helfman Addition into Lot 1 -R, Block C -R, Lynncrest Addition (Located at 7820 NE Loop 820 and 4500 Booth Calloway Road - 10.319 acres) D.3 FP 2008 -05 Consideration of a Request from Doug Terry of Alamo Ventures Inc. to Approve a Final Plat of Lot 4 -A, McMurray Addition (Located in the 3800 Block of Dawn Drive - 0.231 acres) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008 -084 Amend the Existing Gas Franchise Between the City and Atmos Energy Corporation - Ordinance No. 3014 F.2 GN 2008 -086 Approve Rate Tariffs with Atmos Energy Mid -Tex Division That Reflect the Negotiated Rate Change Pursuant to the Rate Review Mechanism Process and Approve Atmos Energy Mid -Tex Division's Proof of Revenues, Ordinance No. 3015 September 8, 2008 — City Council Agenda Page 3 of 4 I F.3 GN 2008 -087 Approve Resolutions for Submission to the 2008 TML Resolutions Committee F.4 GN 2008 -088 Adopting the 2007/2008 Revised Budget and 2008/2009 Proposed Budget - Ordinance No. 3016 F.5 GN 2008 -089 Ratify Increase in Property Tax Revenues Reflected in 2008/2009 Adopted Budget F.6 GN 2008 -090 Adopt the Tax Rate for Tax Year 2008 - Ordinance No. 3017 F.7 GN 2008 -091 Approval and Ratification of 2008 Certified Tax Roll - Resolution No. 2008 -051 F.8 GN 2008 -092 Approve Ambulance Rate Revisions - Ordinance No. 3018 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 Welch H.2 Adjournment All items on the agenda are for discussion and /or action. r'or+if ii- n +;ter 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 th Chapter 551, Texas Government Code on September 5, 2008 at 0 rA nt-C-ity 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. September 8, 2008 — City Council Agenda Page 4 of 4 u City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre - Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 8, 2008 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2008 -096 Discuss Resolution Submission for the 2008 TML Resolutions Committee (5 Minutes) A.3 IR 2008 -098 Results of Pilot Naturally Slim Program (15 Minutes) A.4 IR 2008 -099 Fire Department Prevention Division Risk Watch Educational Program (10 Minutes B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to the provisions of Section 551.072, Texas Government Code to discuss land acquisition for future rail sites C.0 Adjournment CITY OF INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -096 Date: September 8, 2008 Subject: Discuss Resolution Submission for the 2008 TML Resolutions Committee Each fall TML requests resolutions be submitted by cities for consideration at the Annual Conference by the TML Resolutions Committee. Resolutions approved by the Committee then get included in the official TML Legislative Positions to help guide TML to support or oppose a bill during the upcoming legislative session. Monday night staff will present the Resolutions we recommend be forwarded to TML. The Resolutions are attached for your reference. We would also like to get Council feedback on any Resolutions you would like staff to include in our submission to TML. Several TML legislative sub - committees have been meeting for the past several months to also come up with recommendations for the TML Resolutions Committee. A number of items the city is interested in, such as an increased cap to the sales tax to be used for transportation, have been included in sub - committee recommendations. Therefore, it is not necessary for North Richland Hills to submit these for consideration. An action item is included on the regular agenda to approve the Resolutions to be submitted to TML for consideration by the TML Resolutions Committee, if Council supports these Resolutions. If approved, we will forward the Resolutions to TML for their consideration. As soon as we learn what TML's position is on these Resolutions we will begin working with Representative Kelly Hancock to gain his support. Respectfully Submitted, Karen Bostic Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � TML Resolution Cover Sheet Joint City Tax Increment Financing Districts for Revitalization of Development Corridors along city limit boundaries Sponsoring Entity: City of North Richland Hills Brief Background: Cities throughout the state are trying to promote and revitalize development corridors that have been important in the initial image and development of a community. Businesses, churches, schools, retailers and major industries have traditionally located on these major corridors and have provided needed sales and property tax growth for the proper development of many cities. In an effort to revitalize aging business and historic corridors along major thoroughfares, cities are looking at ways to fund needed public infrastructure improvements to stimulate private reinvestment and revitalize these significant development corridors. Many cities are seeking tax increment financing districts (TIF's) to provide a mechanism for funding needed public improvements in these areas. In many cases city limit lines fall directly adjacent to major thoroughfares and cities are seeking ways to provide equal development opportunities and a level playing field for revitalization of both sides of a major development corridor. Current state law prohibits neighboring cities from participating in joint tax increment financing districts. Legislation is needed to allow cities with contiguous city limits along major redevelopment corridors to participate in joint tax increment financing districts in order to coordinate public improvements and revitalize redevelopment corridors. What the Resolution is Intended to Accomplish: Legislation is necessary to allow adjoining cities where city limits fall along redevelopment corridors to participate in joint tax increment financing districts in order to coordinate public improvements for needed revitalization. How the Resolution is City - Related /How it Addresses a Municipal Issue: Allows needed options for funding public improvements for neighboring cities to jointly participate in the revitalization of important redevelopment corridors. Statewide Importance: Allows cities throughout the state to participate in joint funding for public improvements to revitalize important redevelopment corridors. Submitted by: Name: Oscar Trevino Title: Mayor City: City of North Richland Hills Telephone: (817) 427 -6000 A RESOLUTION SUPPORTING LEGISLATION ALLOWING CITIES TO PARTICIPATE IN JOINT TAX INCREMENT FINANCING DISTRICTS WHEREAS, cities throughout the state are trying to promote and revitalize development corridors that have been important in the initial image and development of a community; and WHEREAS, businesses, churches, schools, retailers and major industries have traditionally located on major corridors and have provided needed sales and property tax growth for the proper development of many cities; and WHEREAS, cities are looking for ways to fund needed public infrastructure improvements to stimulate private reinvestment and revitalize significant development corridors; and WHEREAS, many cities are seeking tax increment financing districts (TIF's) to provide a mechanism for funding needed public improvements along major redevelopment corridors; and WHEREAS, in many cases city limit lines fall directly adjacent to major thoroughfares and cities are seeking ways to provide equal development opportunities and a level playing field for revitalization of both sides of a major development corridor; and WHEREAS, current state law prohibits neighboring cities from participating in joint tax increment financing districts and legislation is needed to allow cities with contiguous city limits along major redevelopment corridors to participate in joint tax increment financing districts in order to coordinate public improvements and revitalize redevelopment corridors; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2008 Annual Conference of the Texas Municipal League that the League support legislation amending the Tax Increment Financing District Code to allow multiple cities to participate in joint tax increment financing districts. PASSED AND APPROVED by the membership of the Texas Municipal League this day of , 2008, at Austin, Texas. APPROVED: President ATTEST: Frank Sturzl, Executive Director TML Resolution Cover Sheet TML Resolution Cover Sheet Greater Local Oversight of Intra -State Gas Utilities Sponsoring Entity: City of North Richland Hills support of City of Dish resolution Brief Background: Cities throughout the state are trying to deal with redundant gas pipelines crossing through communities and threatening opportunities for future economic growth. Current legislation allows for intra -state "midstream" gas utilities with eminent domain authority and provides that they are not required to notify the municipality of pipeline installation. Midstream gas companies typically transport natural gas for the benefit of the production companies that they are affiliated with and also refuse to collaborate in the coordination or utilization of other producers' pipelines. These midstream gas companies typically take the shortest and least expensive route, not taking into consideration the comprehensive plans set by the municipality. What the Resolution is Intended to Accomplish: Support of City of Dish resolution to encourage legislation to confer regulatory authority upon municipalities over intra- state gas utilities to safeguard the interests of the public and the long term economic viability of private property. How the Resolution is City - Related /How it Addresses a Municipal Issue: Allows local regulatory authority upon municipalities over intra -state gas utilities to safeguard the interests of the public and the long term economic viability of private property. Statewide Importance: Allows cities throughout the state to support comprehensive plans that safeguard the long term value and economic viability of private property. Submitted by: Name: Oscar Trevino Title: Mayor City: City of North Richland Hills Telephone: (817) 427 -6000 A RESOLUTION OPPOSING THE CONTINUED PREEMPTION OF MUNICIPAL REGULATION OF CERTAIN INTRA -STATE GAS UTILITIES; URGING LEGISLATIVE ACTION TO PERMIT GREATER LOCAL REGULATORY OVERSIGHT WHEREAS, cities throughout the state have been created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Legislature has vested regulatory authority in the State and has largely preempted the local regulation of so- called "midstream" intra -state natural gas pipeline utilities ( "gas utilities ") on the basis that such companies are affected with a public interest; and WHEREAS, the preemption of local regulation constrains the ability of the public to participate through their locally elected officials to tailor policies to meet their needs and demands; and WHEREAS, with the recent development of mineral reserves within the Barnett Shale, oil and gas operators have become dependant on a comprehensive pipeline infrastructure to deliver the produced hydrocarbons to market; and WHEREAS, in order to ensure the maximum profitability of natural gas production, oil and gas operators have refused to cooperate with unaffiliated third party gas utilities or coordinate pipeline efforts with other producers in the region and instead are each opting to form their own affiliated gas utility company; and WHEREAS, each gas utility company serves not as a public- minded "utility" accepting produced hydrocarbons from "competing" operators but operates exclusively as the alter ego and servant of the utility's affiliated oil and gas operator greatly blurring the line between gas utility and oil and gas operator; and WHEREAS, the numerous gas utilities, frequently managed and exclusively operated by the affiliated oil and gas operators' own employees, work aggressively to install a network of permanent gas lines across private property creating extensive "no- build" zones many dozen feet in width and many miles in length, with little regard for the availability of existing unaffiliated pipelines in the vicinity; and WHEREAS, in order to rapidly accomplish the installation of duplicative and redundant pipeline networks, local citizens and business owners are quickly threatened with eminent domain proceedings by the gas utilities and are intimidated into executing one - sided permanent easements for nominal consideration; and WHEREAS, the proliferation of duplicative and redundant pipeline networks, installed with regard only for the shortest and most cost - effective route, causes the unnecessary fragmentation of land and the creation of unusable slivers, chipping away at the long term economic potential of the land; and WHEREAS, municipalities, rendered virtually ineffective by the preemption language of 121.202 of the Texas Utilities Code, are unable to respond to the plight of their constituent citizens and business owners and are without the necessary authority to safeguard the long -term economic viability of the region. NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2008 Annual Conference of the Texas Municipal League that the League support legislation to revisit the prudence and continued appropriateness of preempting municipalities from regulating the practices of midstream gas utilities and respectfully requests that the Legislature confer additional regulatory authority upon municipalities over the activities described herein in order to safeguard the interests of the public and the long term economic viability of private property. PASSED AND APPROVED by the membership of the Texas Municipal League this _ day of , 2008, at Austin, Texas. APPROVED: President ATTEST: Frank Sturzl Executive Director INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -098 q , Date: September 8 2008 Subject: Naturally Slim Pilot Program Aggregate Results This Informational Report is to present a summary of the aggregate results of the Naturally Slim Pilot Program which was completed on June 25, 2008. The Naturally Slim program focuses on developing a lifestyle and behavior change towards food, while improving health and losing weight. The Naturally Slim program also focuses on the primary issues leading to Metabolic Syndrome. Metabolic Syndrome is defined as a cluster of risk factors that increase the likelihood of diabetes and heart disease. These risk factors include waist circumference greater than 35 for women and 40 for men, triglycerides of 150 mg /dl or higher, HDL cholesterol (good cholesterol) of 40 mg /dl or lower for men and 50 mg /dl or lower for women, blood pressure greater than 130/85, and glucose of 110 mg /dl or higher. Individuals with three or more of these risk factors have a five times greater chance of developing diabetes and a three times greater chance of developing heart disease in their lifetime. Thirty three City employees participated in the program, and each completed a before and after biometric screening that measured potential risk factors for Metabolic Syndrome. Below are highlights of these aggregate results. ➢ The entire group lost a total of 581 lbs., which is an average of approximately 18 lbs. per participant. ➢ 26 participants lost up to 25 lbs., 3 participants lost over 25 lbs., and 3 participants lost more than 30 lbs. ➢ Before the program, 43% did not have Metabolic Syndrome. After the program, this had improved to 75% that did not have Metabolic Syndrome. ➢ After Naturally Slim, there were zero (0) participants that were morbidly obese, less of the participants were obese, and many of the morbidly obese and obese participants had improved by moving into either the overweight or normal weight categories. We have received very positive feedback from participants in the pilot program. The experience of the professionals at Naturally Slim indicates that 80% of the participants will remain at the lower weight in five years. We plan to perform another biometric screening of the participants in one year to track their results. During the Pre - Council work session, Human Resources staff will share additional information regarding the Naturally Slim program and the positive results. Respectfully Submitted, Patrick Hillis Human Resources Director ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -099 e Date: 09 -08 -2008 Subject: Fire Department Prevention Division Risk Watch Educational Program During the spring of 2008, the North Richland Hills Fire Department and the Birdville School District partnered to conduct a pilot safety program. The program uses the National Fire Protection Association's Risk Watch child safety curriculum. NFPA states that nearly 6,000 kids are killed annually and nearly 120,000 are permanently disabled. NFPA believes these "accidents" to be predictable and therefore preventable. Risk Watch covers two broad areas: 1. Natural Disasters and 2. Unintentional Injuries. The pilot program focused on the Unintentional Injuries curriculum. This curriculum is further broken down into eight sub categories: Motor Vehicle Safety Fire and Burn Prevention Choking, Suffocation and Strangulation Prevention Poisoning Prevention Falls Prevention Fire Arms Injury Prevention Bike and Pedestrian Safety Water Safety These eight are identified as the leading risk areas affecting the health of children. Two schools, Mullendore Elementary and Smithfield Elementary participated in the program. There were approximately 225 students from the Second, Third, and Fifth Grades. Each grade level presented the program in a different way due to the TAKS testing that takes place at this time of year. The Fifth grade presented one of the eight topic areas each week during their Health class time. The Third grade integrated the curriculum using different classroom subjects, workbooks and activities to present the lessons. The Second grade used the workbooks and activities such as scenarios and skits to get the students involved. Positive feedback from the school, parents and students as well as a 13% increase in scores on the post -test indicated a successful trial program. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � Meetings were held with Rick Kempe and Lesa Master of BISD to discuss implementing the program district wide. Deborah Johnson of the State Fire Marshal's Office donated enough curriculum material to cover about 60% percent of the curriculum needs to implement the program District wide. BISD, as well as donations from Wal -Mart, covered the remainder of the costs. On August 19 a workshop session was held with the Physical Education teachers for BISD. The P.E. Department has been identified as the best area to facilitate the program. The curriculum was well received by the staff present. During the presentation a reference was made to another ISD that is using the program. One of the educators present has a friend that works in that district. She sent a text message to her friend who responded that this was a great program. The teacher was compelled to share this with the rest of the staff. Since this program is District wide, it became necessary to involve the other cities involved with BISD. At present, all member cities and their Fire and Police Departments are involved and participating in the program. The efforts of the NRHFD will mainly be focused on schools in our City, with the other departments doing likewise. We are the first City /District in Tarrant County to initiate this program. There are several in the Dallas and Denton areas that are successfully using the Risk Watch Program. Starting last year, our Fire Department Open House took on a Public Safety theme involving both Fire and Police. Due to the construction of the BISD Career Tech. Center on Mid Cities Blvd., the location for our Expo could not be held at Fire Administration this year. The location for the 2008 Public Safety Expo will be NRH2O. The theme for this Expo will be based on the eight categories of the Risk Watch Program. Since the other BISD cities are involved in the program, it was beneficial to also include them in the Public Safety Expo. There will be areas and booths set up based on the eight risk categories. Each Fire and Police Department from the participating cities will be responsible for developing a booth and display for their chosen area(s). As an example: Wal -Mart is donating bikes and safety equipment to the Expo. One of the departments will put on a program for bike safety. The Fire and Police Departments from each city will bring equipment and apparatus for display, as well as demos inside and outside the park. The staff at NRH2O will be providing the water safety portion of the Expo. Our goal will be to promote safety in the eight risk categories in a fun and entertaining way. While our previous Open Houses have been successful, we are fully anticipating an even greater event this year. Regular meetings are being held with all participating members represented. We look forward to meeting with Council Monday to further explain these efforts. Respectfully Submitted, Andrew A. Jones, Jr. Fire Chief CITY OF CITY OF CITY OF City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 8, 2008 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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 August 26, 2008 City Council Meeting B.2 FP 2008 -08 Consideration of a Request from R. T. Koonce to Approve a Final Plat of Lot 19, Block 1, Flamingo Estates Addition (Located in the 7200 Block of Eden Road - 1.4143 acres) B.3 GN 2008 -085 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access C.0 PUBLIC HEARINGS C.1 ZC 2008 -10 Public Hearing and Consideration of a Request from North Richland Hills Baptist Church to Approve a Zoning Change from C -1 - Commercial to U - Institutional on five lots in the Parchman Addition (Located between Parchman St. and Vance Rd. on Boulevard 26) - Ordinance No. 3011 C.2 SUP 2008 -06 Public Hearing and Consideration of a Request from Cubellis Architects /Engineers, representing CEC Entertainment, to Approve a Special Use Permit for the expansion to the existing Chuck E. Cheese's structure located at 7935 Boulevard 26 - Ordinance No. 3012 C.3 SUP 2008 -04 Public Hearing and Consideration of a Request from Allen Samuels Realty, Inc. to Approve a Special Use Permit for an Automobile Dealership located at 7820 NE Loop 820 and 4500 Booth Calloway Road - Ordinance No. 3013 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 GN 2008 -093 Abandon Right -of -Way for Blackman Road and a portion of Lynn Terrace and Authorize Conveyance to Allen Samuels Reality, Inc. - Ordinance No. 3019 D.2 RP 2008 -06 Consideration of a Request from Allen Samuels Realty, Inc to Approve a Replat of Lot 1, Block C -R, Lynncrest Addition and a portion of Lot 1- R, Block 1, Helfman Addition into Lot 1 -R, Block C -R, Lynncrest Addition (Located at 7820 NE Loop 820 and 4500 Booth Calloway Road - 10.319 acres) D.3 FP 2008 -05 Consideration of a RegLuest from Doug Terry of Alamo Ventures Inc. to Approve a Final Plat of Lot 4 -A, McMurray Addition (Located in the 3800 Block of Dawn Drive - 0.231 acres) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2008 -084 Amend the Existing Gas Franchise Between the City and Atmos Energy Corporation - Ordinance No. 3014 F.2 GN 2008 -086 Approve Rate Tariffs with Atmos Energy Mid -Tex Division That Reflect the Negotiated Rate Change Pursuant to the Rate Review Mechanism Process and Approve Atmos Energy Mid -Tex Division's Proof of Revenues, Ordinance No. 3015 F.3 GN 2008 -087 Approve Resolutions for Submission to the 2008 TML Resolutions Committee FA GN 2008 -088 Adopting the 2007/2008 Revised Budget and 2008/2009 Proposed Budget - Ordinance No. 3016 F.5 GN 2008 -089 Ratify Increase in Property Tax Revenues Reflected in 2008/2009 Adopted Budget F.6 GN 2008 -090 Adopt the Tax Rate for Tax Year 2008 - Ordinance No. 3017 F.7 GN 2008 -091 Approval and Ratification of 2008 Certified Tax Roll - Resolution No. 2008 -051 F.8 GN 2008 -092 Approve Ambulance Rate Revisions - Ordinance No. 3018 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 Welch H.2 Adjournment CITY OF CITY OF CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognition(s) No items for this category. Council Meeting Date: 9 -8 -2008 Agenda No. A.3 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -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: 9 -8 -2008 Presented by: Agenda No. B.1 Subject: Approval of Minutes of August 26, 2008 City Council Meeting Recommendation: To approve the minutes of the August 26, 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 — August 26, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of August, 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 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 Jared Miller Assistant City Manager Karen Bostic 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 Mike Curtis Public Works Director Jimmy Perdue Police Chief Thomas Powell Director of Support Services Patrick Hillis Director of Human Resources Kyle Spooner Information Services Director Andy Jones Fire Chief JoAnn Stout Neighborhood Services Director Vickie Loftice Parks & Recreation Director Mark Mills Budget Director Craig Hulse Economic Development Director Jamie Brockway Purchasing Manager Chun Mezger Animal Services Supervisor Eric Wilhite Chief Planner Bob Weakley Assistant Director Information Services Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.2 IR 2008 -094 Discuss Nomination of Tyson Prepared Foods, Inc. as a Texas Enterprise Project Mr. Craig Hulse, Economic Development Director, advised the Council that Tyson Prepared Foods, Inc was seeking a nomination from the City to the State for an Enterprise Project designation. Tyson will be adding a new $9.6 million dollar Super Dice line at their facility in North Richland Hills and to offset a portion of this expense, Tyson is seeking to designate this location in the Texas Enterprise Zone Program. The program's purpose is for cities and states to partner and promote job creation and capital investment. If approved by the State, a State sales and use tax refund of $2,500 will be awarded for each full time job over a five -year period. The maximum potential refund of state sales and use taxes to Tyson will be $875,000. To qualify for the program, 35% of all new hires employed by Tyson must reside in an economically distressed location. On the regular agenda is a proposed ordinance that contains the City's nomination of Tyson Foods to the Office of Governor, Economic Development and Tourism (OOGEDT), designates the City's Economic Development Director to serve as City liaison with OOGEDT, lists existing City incentives that could be made available at the approval of Council and acknowledges that Tyson Prepared Foods, Inc. is a "qualified business" under the Texas Enterprise Zone Act. The nomination of Tyson Foods by the City does not obligate the City to provide any incentives nor will it have any associated costs to the City. Staff is recommending that the Council hold the required public hearing during the regular Council meeting and take action on the nomination with the approval of Ordinance No. 3010. After discussion and questions from the Council, the item was considered during the regular council meeting. A.3 IR 2008 -095 Discuss dates for joint City Council and Planninq & Zoning Commission work sessions for adoption of new mixed use transit oriented development code Mr. Pitstick, Director of Planning and Development, advised Council of the need for two joint work sessions with the Council and Planning and Zoning Commission for the development of the new Mixed Use Transit Oriented Development Code. The consensus of the Council was to hold the joint work sessions on Thursday, November 20 and Thursday, February 5 at 6:00 p.m. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase of real property at: 5005 Cummings Dr. B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of City Property (Mineral Leases) Mayor Trevino announced at 5:43 p.m. that the Council would adjourn to Executive Session pursuant to the provisions of Section 551.072 of the Texas Government Code to deliberate the purchase of real property at 5005 Cummings Drive and to deliberate the lease of city property for mineral leases. C.0 Adjournment Mayor Trevino announced at 6:00 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order August 26, 2008 at 7:00 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 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 George Staples Attorney A.1 INVOCATION Councilman Sapp gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Sapp led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Councilman Barth and Debbie York, Neighborhood Services Manager, recognized the following August Yard of the Month recipients: Chanda & Cary Dromgoole, 4009 Diamond Loch West; Jack & Janie Shelton, 6724 Briley Dr.; Jerry & Bonnie Blaylock, 4808 Lariat Trail; Mark Schneider, 7104 Trinidad; Olivia McCartney, 5904 Pedernales Ridge; Jo Ann Bade, 7617 Frankie B Street; Donna & Perry Wright, 6920 Clift; Valentina Toney /Camellia Hardin, 7740 Western Oaks; Ed Lichte & Kathleen Newton, 8025 Hunter Lane; Business Landscape Winner Franklin Park Retirement, 6350 Winter Park Drive, Melissa Arnold, Executive Director were also recognized as a August Yard of the Month recipient. None. None. A.4 CITIZENS PRESENTATION A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA 13.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 11, 2008 CITY COUNCIL MEETING B.2 PW 2008 -024 RECOMMEND AWARD OF BID FOR THE 32ND YEAR CDBG PROJECT: JACKIE LEE STREET (GLENVIEW DRIVE TO DEAD END) PAVING IMPROVEMENTS TO STABILE & WINN, INC. IN THE AMOUNT OF $244,499.75 - RESOLUTION NO. 2008 -050 B.3 PU 2008 -027 AWARDING RFB 08 -035 ROOF REPAIRS AND REPLACEMENTS TO BENCO COMMERCIAL ROOFING, PARAGON ROOFING, INC. AND ANCHOR ROOFING SYSTEMS IN THE AMOUNT OF $838,459 B.4 PU 2008 -026 APPROVE THE PURCHASE OF CARTEGRAPH SOFTWARE - WATERVIEW, SEWERVIEW AND GEODATACONNECT IN THE AMOUNT OF $105,832 COUNCILMAN LEWIS MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PUBLIC HEARINGS C.1 GN 2008 -079 CONDUCT PUBLIC HEARING ON PROPOSED 2008 -2009 BUDGET Mayor Trevino opened the public hearing on the proposed 2008 -2009 Budget. Mr. Larry J. Cunningham, City Manager, introduced the proposed 2008 -2009 Budget. Mr. Cunningham advised the budget was based on several assumptions: Council Goals and Objectives, areas of greatest needs from the 2007 Citizen Survey, competitive employee compensation, keeping costs at reasonable levels to minimize the impact on the taxpayers. The proposed budget is a balanced budget, maintaining the same or improved levels of service, continues the 57 cent property tax rate for the 16th year, stabilization in sales tax, and an increase in fuel and maintenance costs. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation highlighting the proposed Annual Operating Budget for all funds and the Capital Improvements Budget. Mr. Mills highlighted the revenues, expenditures and service enhancements for all funds and presented highlights of the capital projects proposed in the Capital Budget. The proposed budget will be recommended for adoption at the September 8 Council meeting. Mayor Trevino asked for public comments on the proposed 2008 -2009 Proposed Budget. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.2 GN 2008 -080 CONDUCT PUBLIC HEARING ON PROPOSED TAX RATE Mayor Trevino opened the public hearing on the proposed tax rate for fiscal year 2008- 2009. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation, giving an overview of the proposed tax rate. Mr. Mills discussed the history of net taxable values, a breakdown by tax year of appraised values, and changes in property values. The proposed tax rate for Fiscal Year 2008 -2009 is 57 cents. If adopted, the 57 cent tax rate will have been maintained for 16th consecutive years. Mr. Mills advised the effective tax rate of 56.3058 cents is the property tax rate necessary to produce the same amount of property tax revenues as the prior year. Because the proposed rate of 57 cents is higher than the effective tax rate, two public hearings are required. The second required public hearing will be held on September 2, 2008 at 6:00 p.m. Mayor Trevino asked for public comments on the proposed 57 cent tax rate. There being no one wishing to speak, Mayor Trevino closed the public hearing and announced this public hearing was the first of two public hearings. The second public hearing on the proposed tax rate will be held at a Special Council meeting on September 2, 2008 at 6:00 p.m. The Council will adopt the tax rate at the 7:00 p.m. September 8, 2008 Regular Council meeting to be held in the Council Chambers in City Hall. C.3 GN 2008 -081 CONDUCT PUBLIC HEARING ON NOMINATION OF TYSON PREPARED FOODS, INC. AS A TEXAS ENTERPRISE PROJECT Mayor Trevino opened the public hearing on the nomination of Tyson Prepared Foods, Inc. as a Texas Enterprise Project and called on Craig Hulse to present the item. Craig Hulse, Director of Economic Development presented the item. The purpose of this public hearing is to consider, pursuant to the Texas Enterprise Zone Act, Chapter 2303, nomination of Tyson Prepared Foods, Inc., located at 6350 Browning Court, as a Texas Enterprise Project. Designation as a Texas Enterprise Project will make it possible for Tyson Prepared Foods, Inc. to receive State tax incentives. North Richland Hills' participation would come in the form of a `nomination' of Tyson Prepared Foods, Inc. to the Office of the Governor, Economic Development and Tourism. The Texas Enterprise Zone Program is an economic development tool for local communities to partner with the State of Texas to promote job creation and capital investment. To become eligible, 35% of all future employees hired must meet the Program's economically distressed residency requirement. An economically distressed location falls within a census block group that contains at least 20% of the population living at or below the poverty line. If designated as an Enterprise Project, Tyson Prepared Foods, Inc. has committed that at least thirty -five percent (35 %) of new employees will be residents of an enterprise zone or economically disadvantaged individuals. If approved, the Enterprise Zone Project will take effect on September 2, 2008, terminating 5 years later on September 2, 2013. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.4 GN 2008 -081 APPROVAL OF ORDINANCE NO. 3010 NOMINATING TYSON PREPARED FOODS, INC. (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.3) APPROVED Mayor Trevino announced that this item CA was not a Public Hearing but was related to the previous item and called for Craig Hulse to come forward and present the item. Craig Hulse, Director of Economic Development presented the item. In the previous agenda item, a public hearing was conducted to receive comments about the City of North Richland Hills nominating Tyson Foods, Inc as a Texas Enterprise Project in accordance with the State of Texas economic development program. Approval of Ordinance No. 3010 will, pursuant to the Texas Enterprise Zone Act, Chapter 2303, nominate Tyson Prepared Foods, Inc., located at 6350 Browning Court, to the Office of the Governor, Economic Development and Tourism (OOGEDT) for designation as a Texas Enterprise Project. Designation as a Texas Enterprise Project will make it possible for Tyson Prepared Foods, Inc. to receive State tax incentives. If approved, the Enterprise Zone Project will take effect on September 2, 2008, terminating 5 years later on September 2, 2013. Mayor Trevino called on Terry Patton, Tyson Plant Manager to come forward and say a few words. Mr. Patton thanked the Council for the consideration and spoke about the number of employees, the facility and new projects that were coming to the plant in North Richland Hills. COUNCILWOMAN :COMPTON MOVED `TO APPROVE GN 2008 -081; ORDINANCE NO. 3010. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. PLANNING & DEVELOPMENT No items for this category. D.1 PUBLIC WORKS E.1 PW 2008 -022 AMEND CODE OF ORDINANCES, SECTION 78 -65 (A), LAWN AND LANDSCAPE IRRIGATION RESTRICTIONS - ORDINANCE NO. 3009 APPROVED Mike Curtis, Public Works Director presented the item. On July 10, 2006, City Council approved a Water Conservation Plan similar to the City of Fort Worth's Water Conservation Plan. At the time, Fort Worth's plan required customer cities to adopt a lawn and landscape irrigation restriction of non - watering from 10:00 AM to 6:00 PM for the months of June through September. The only exception was watering by -hand or the use of soaker hoses which could continue to be done year round. Recently, Fort Worth revised their restrictions so that the "conservation period" was no longer June through September but would now be year round. Fort Worth is now requesting their customer cities to revise their restrictions to include a similar "conservation period ". The objective of the restriction is to reduce the loss and waste of water. Watering during the hours of 10:00 AM to 6:00 PM has proven to be a less efficient time to water due to the water loss from evaporation. This restriction will also help to create a uniform restriction for landscape irrigation for cities across the Metroplex. Since the City is currently under the existing Water Conservation Plan which consists of restricted watering from June to September, staff recommends Council approve this change and that the revised Ordinance go into effect October 1, 2008. This would allow sufficient time to inform the residents of the year round watering restrictions. COUNCILMAN WELCH MOVED TO APPROVE ORDINANCE NO. 3009. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2008 -023 APPROVE ENGINEERING AGREEMENT WITH TEAGUE NALL AND PERKINS, INC. FOR THE AEGON LIFT STATION EXPANSION PROJECT IN AN AMOUNT NOT TO EXCEED $160,000 APPROVED Mike Curtis, Public Works Director presented the item. Council is being asked to approve an engineering agreement for the design of the expansion of the Aegon Lift Station located at Boulevard 26 and Precinct Line Road. This project will consist of the design and construction of the expansion of the lift station from 0.9 million gallons per day to 1.6 million gallons per day capacity. The project will also consist of constructing a new 15 inch sewer main to carry flow from the lift station. This project was identified in the Impact Fee Study and the Sanitary Sewer Master Plan completed in October 2005. The project is needed to provide wastewater collection to an area of the City that has experienced significant growth since the construction of the original lift station. The service area for the lift station covers the area where the Venue (Home Town) and Health Markets are located. This is planned to be the final expansion necessary for this lift station. The City requested Requests for Proposals in accordance with city policy and proposals were received from 12 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the engineering agreement to Teague Nall and Perkins, Inc. to perform these services for a fee not to exceed $160,000. Design on the project is tentatively scheduled to begin in September 2008 and be complete by March 2009. Construction is scheduled to begin in May 2009. MAYOR PRO TEM TURNAGE MOVED TO APPROVE PW 2008 -023. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GENERAL ITEMS F.1 GN 2008 -076 RENEWAL OF INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND SOUTHLAKE FOR ANIMAL IMPOUNDMENT APPROVED Chun Mezger, Animal Center Supervisor, presented the item. The current interlocal agreement between the cities of North Richland Hills and Southlake for Animal Impoundment expires on September 30, 2008. This renewal of the interlocal agreement will be in full effect for 2 years, unless amended. There have been no significant changes made from the previously approved agreement. The City of Southlake agrees to a rate of $105.00 per animal housed at the North Richland Hills Animal Adoption & Rescue Center. All boarding fees, adoption fees, impound fees etc., will go directly to the City of North Richland Hills. The City of Southlake will be responsible for medical treatment of all injured animals brought to our shelter. Southlake's animal officer will continue to be responsible for monitoring their city and bringing any loose or stray animals to our shelter for handling. All other associated fees are based on current fees approved by ordinance. COUNCILMAN LEWIS MOVED TO APPROVE GN 2008 -076. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2008 -077 AUTHORIZE THE CITY TO CONTINUE PARTICIPATING WITH THE ATMOS CITIES STEERING COMMITTEE - RESOLUTION NO. 2008 -049 APPROVED Karen Bostic, Managing Director presented the item. The Atmos Cities Steering Committee (ACSC) is the largest coalition of cities served by Atmos Gas -Mid Tex (formerly TXU Gas). There are 154 ACSC member cities, which represent more than 60 percent of the total load served by Atmos -Mid Tex. Cities have original jurisdiction over the natural gas rates Atmos charges all customers within city limits. Because Atmos has no competitors, regulation of the rates that it charges its customers is the only way that cities can ensure that natural gas rates are fair. Working as a coalition to review the rates charged by Atmos allows cities to accomplish more collectively than each city could do acting alone. With the increased volatility of the natural gas market resulting in unprecedented high natural gas bills over the past several years, city regulation of Atmos' rates plays a crucial role in protecting city budgets and taxpayers. The City of North Richland Hills is currently a member of the ACSC and is requesting to continue that membership. Approval of Resolution 2008 -049 will authorize the City to continue its membership with ACSC and authorize payment of the City's assessment to the ACSC in the amount of five cents per capita, or $3,202.50. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2008 -049. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2008 -078 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $85,000 TO GATEWAY PLANNING GROUP FOR DEVELOPMENT OF A MIXED USE TRANSIT ORIENTED DEVELOPMENT CODE TO ENCOURAGE DEVELOPMENT AROUND THE IRON HORSE AND SMITHFIELD COMMUTER RAIL STATION SITES APPROVFD John Pitstick, Planning and Development Director presented the item. In the 2006 -07 adopted budget City Council approved $85,000 in capital funds for developing a sustainable development strategy and ordinance to begin the process in creating a transit oriented mixed use district around the two future commuter rail station sites (Iron Horse and Smithfield). The City requested Requests for Qualifications in accordance with city policy and proposals were received from 3 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional services agreement to Gateway Planning Group in an amount not to exceed $85,000. COUNCILMAN LEWIS MOVED TO APPROVE GN 2008 -078. MAYOR PRO TEM TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2008 -075 COMPLIANCE WITH SENATE BILL 12 EMISSIONS REDUCTION PLAN - RESOLUTION NO. 2008 -048 APPROVED Thomas Powell, Support Services Director presented the item. In 2007, the 80th Legislature passed Senate Bill 12 which extended the timeline set in Senate Bill 5 for the Emissions Reduction Plan. The original plan required political subdivisions in 38 counties to set a goal to reduce electrical consumption by five percent per year for five years starting January 1, 2002. Senate Bill 12 extends this time for an additional six years, added three more counties, and requires school districts to participate. Political subdivisions are required to pass a resolution showing their commitment for reducing electrical consumption and agreeing to file annual reports to the State Energy Conservation Office. COUNCILMAN BARTH MOVED TO APPROVE GN 2008 -075; RESOLUTION NO. 2008 -048. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA #1 DELIBERATE THE PURCHASE OF REAL PROPERTY AT: 5005 CUMMINGS DR. APPROVED Karen Bostic, Managing Director, presented the item. The property owner of 5005 Cummings Drive has approached the City with interest to sell the property to the City. MAYOR PRO TEM TURNAGE MOVED TO APPROVE THE PURCHASE OF 5005 CUMMINGS DRIVE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE OWNER FOR THE PURCHASE OF THE PROPERTY. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. ITEM #2: DELIBERATE THE LEASE OF CITY PROPERTY (MINERAL LEASES) APPROVED Larry J. Cunningham, City Manager presented the item. Chesapeake Energy Corporation has approached the City seeking three year leases on 68.92 acres in Fossil Creek Park and Linda Spurlock Park and 40.88 acres in Walker Creek, which total 109.80 acres. The lease terms are $22,000 per acres and 25% royalties. The leases will expire on August 26, 2011. COUNCILMAN WELCH MOVED TO APPROVE THE LEASES WITH CHESAPEAKE FOR 68.92 ACRES IN FOSSIL CREEK AND LINDA SPURLOCK PARKS FOR $22,000 PER ACRE AND 25% ROYALTY FOR A TERM OF I YEAR, AND FOR 40.88 ACRES AT THE WALKER CREEK AREA FOR $22,000 PER ACRE AND 25% ROYALTY FOR A TERM OF 2 YEARS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lewis made the following announcements. City Hall and other City offices will be closed on Monday, September 1st, in observance of the Labor Day holiday. Garbage and recycling will not be collected by Duncan Disposal on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. The North Richland Hills City Council will hold a special meeting at 6 p.m. on Tuesday, September 2nd, here in the City Council Chambers. The purpose of this special meeting is to conduct a public hearing on the tax rate. The Companies in Action Table Tennis Tournament will be held on Saturday, September 6th at the NRH Recreation Center. Local businesses interested in competing in this event should call 817 - 427 -6600 for more details. Kudos Korner - Rickie McMahan and Ron Hernandez, Public Works Utility Division. A letter was received from a resident commending Rickie and Ron for their quick response to a busted water pipe. They were extremely courteous and professional and performed admirably. The resident said it was a job well done. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:38 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 9 -8 -2008 Agenda No. B.2 Subject: FP 2008 -08 Consideration of a Request from R. T. Koonce to Approve a Final Plat of Lot 19, Block 1, Flamingo Estates Addition (Located in the 7200 Block of Eden Road - 1.4143 acres) Case Summary: The property owner Rufus Koonce, represented by Moak Surveyors, is requesting approval of a final plat for a 1.4143 acre tract. The property currently has a single - family residence on it. Platting will bring the property into conformance with the existing residential use and allow the property owner to expand the existing structure or to construct a new single - family residential structure if desired. The property was recently re -zoned to R -1 -S Special Single Family. Current Zoning: R -1 -S Special Single Family Thoroughfare Plan: This proposed lot has access on Eden Road, a Major Collector Street (C41J) with a street right of way requirement of 68 feet in width. In order to meet the right of way width requirement the applicant is being requested to dedicate 2,362 square feet of right -of -way by this plat. Comprehensive Plan: The Comprehensive Plan depicts low density residential for this area. This plat is consistent with the plan. Staff Review / Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Because the property is already being used as residential, and no improvements or additions are currently proposed to the main residence, there is no increase of demand on the City's street and utility systems. Therefore no requirement to construct additional paving, water, sanitary sewer, or drainage facilities exist to serve this lot. Planning and Zoning Commission Recommendation: Approved by a 4 -0 vote. Staff Recommendation: Approval of final plat request FP 2008 -08 Review Schedule: Application: 6/16/08 Final Hearing: 9/8/08 Staff Review & Scheduling Time: 10 weeks Applicant Revision Time: 2 weeks Total Review Time: 12 weeks �101 LOCATION MAP umfief Road H'ghiOwe' Drive Flamingo Estates Lot 19, Block 1 7200 Black of Eden Rd. %> C a� 0 w c� X 0 N FP 2008 -08 Final Plat Flamingo Estates, Lot 19, Block 1 7244 Eden Road Fee Prepared by Planning 8114108 0 262.x525 1 ,060 1,575 2,100 F.114 V F.11 q C7 Sol: 71 AK bw le i PLAT EXHIBIT EVERGLADE DRIVE F&i " TBWTSW I i OvIrdGR4' ACKNOWLEDGMENT AND DEDWA7 COUNTY wl,mkmw d.*W—(Wftk TRWC6 Nai N deer 391deere6l ebab W vii b 1rYb l.rd«4 be drill Ramie vK Peary •10 4frbetb a In T—c-".T— bftpW��bWbs3WWCPWfi.FWR9=4e.17vr suRv IW - A. 6. N.a 1; =S�WdW—W-26-61W-�d. Blot leierae or 16137 bb — ta i=b,.ppw bed ad —pd -moA wRv Teesr c—q, nowx YA m dye sq •w- viimb.6.11 b—d., Be..frill Kara and btlb ppddN*-W�o" ec, _ t, Kw w-�QWw*ki-. rws wky, T larm W. T. K- &ya WHERAS - pw,." " zm" ca-uww WHEREM Ow CRY C�rcg of On City d Nwffi don city of North FJdAvW Nk. Tom vubod MdOwId HEY, Tar votod affimtvWy on 0* d%M*l,Wy on 016 — day d dy If —. 20 —.20—, %a row..wd 1. soptm rA Piet for av o(rword. approval ( Me pist M" City C4uncd. ChoWnw, PWnnkV " ZonhV CwvWWWo M%-, Clty of WMI RidftW Hft *Ww"-f 1i!* i11 ftvwe lflebY47 My Swwwv rinat fiat u(&x 19, Bku I FLAMINGO ESTATES AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, IT" BEING 1.4143 ACRES OUT OF THE DAVID MOSES SURVEY, ABSTRACT N41150 I kacby owftfY tb" ths Plm a ft emese "Vmwnbbm dm ROW v-7 made w the gmmd dw d-ft -d—y V—i— dine dmvc desallWirea -d the bo-dy by —ad p w WA ?1d3>' m ft K * W q 9 10 w }>An w rifeYivO V.1 ffaA'?lYir IAT 17 LOT 16 LOTIS 107 16 IZT 12 B OCK I - FLAMINGO ESTA'"ES ADDITION ZONED R-1 VOL. 388-166, PG. 6, P. U.C.T. s II VU, ZOWD POD WYA(A �W T TCT ZONED AG ci f. LOT 1?,BLOCK I 1 . 3 ACRES �s pert wl � Ar4 VJ'W K' �err lr lrVA ZONED R &x 10 :w = .9 7 BLOCK 8R - '�'Dl) ON VOL 38&17576, '. RTC.T. W Z 0 4 F&i " TBWTSW I i OvIrdGR4' ACKNOWLEDGMENT AND DEDWA7 COUNTY wl,mkmw d.*W—(Wftk TRWC6 Nai N deer 391deere6l ebab W vii b 1rYb l.rd«4 be drill Ramie vK Peary •10 4frbetb a In T—c-".T— bftpW��bWbs3WWCPWfi.FWR9=4e.17vr suRv IW - A. 6. N.a 1; =S�WdW—W-26-61W-�d. Blot leierae or 16137 bb — ta i=b,.ppw bed ad —pd -moA wRv Teesr c—q, nowx YA m dye sq •w- viimb.6.11 b—d., Be..frill Kara and btlb ppddN*-W�o" ec, _ t, Kw w-�QWw*ki-. rws wky, T larm W. T. K- &ya WHERAS - pw,." " zm" ca-uww WHEREM Ow CRY C�rcg of On City d Nwffi don city of North FJdAvW Nk. Tom vubod MdOwId HEY, Tar votod affimtvWy on 0* d%M*l,Wy on 016 — day d dy If —. 20 —.20—, %a row..wd 1. soptm rA Piet for av o(rword. approval ( Me pist M" City C4uncd. ChoWnw, PWnnkV " ZonhV CwvWWWo M%-, Clty of WMI RidftW Hft *Ww"-f 1i!* i11 ftvwe lflebY47 My Swwwv rinat fiat u(&x 19, Bku I FLAMINGO ESTATES AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, IT" BEING 1.4143 ACRES OUT OF THE DAVID MOSES SURVEY, ABSTRACT N41150 I kacby owftfY tb" ths Plm a ft emese "Vmwnbbm dm ROW v-7 made w the gmmd dw d-ft -d—y V—i— dine dmvc desallWirea -d the bo-dy by —ad p w WA ?1d3>' m ft K * W q 9 10 w }>An w rifeYivO V.1 ffaA'?lYir EXCERPT FROM THE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING FP 2008 -08 Consideration of a Request from R.T. Koonce to Approve a Final Plat of Lot 19, Block 1, Flamingo Estates Addition (Located in the 7200 Block of Eden Road — 1.4143 acres) John Morgan, Moak Land Surveyors, 1105 Cheeksparger Rd, came forward representing the applicant. The applicant is requesting for the final plat in order to build a house on this lot. Chairman Shiflet asked if there was a house on the lot now. Mr. Morgan said yes but the existing house would be torn down. They had to plat the lot in order to get their building permit. Eric Wilhite came forward and stated that his property is located in the 7200 Block of Eden Road. It is a large parcel of land that is surrounded by smaller subdivided pieces of property. Recently it went through a zoning change from AG to R -1 -S. It is 1.41 acres so it meets the zoning requirements. There is right of way dedication for Eden Road. Staff has reviewed the request and it does meet all subdivision rules and regulations based on R -1 -S zoning and recommends approval. APPROVED Mike Benton, seconded by Don Bowen, motioned to approve FP 2008 -08. The motion was carried unanimously (4 -0) Mark Haynes, Kelly Gent and Steven Cooper were absent. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9 -8 -2008 Agenda No. B.3 Subject: GN 2008 -085 Approval of Contract with Department of State Health Services for On -line Computer Services for Remote Vital Statistic Access The Central Records Division of the City Secretary's Office registers birth and death records and issues certifications of vital records from the Texas Department of State Health Services' remote access computer system. The City previously entered into a two -year contract in 2006 with the State to access their computer system to perform this service. The State is requesting that we execute a new contract with them that will expire August 31, 2010. The new contract contains essentially the same provisions as the previous contract and the compensation for the use of their system remains the same with the City not incurring any additional expenses. Recommendation: To approve GN 2008 -085 approving the contract with Texas Department of State Health Services for their on -line computer services for vital statistic records. DEPARTMENT OF STATE HEALTH SERVICES ,, �1i U 4jj ■- � This contract, number 2009 - 028730 -001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF NORTH RICHLAND HILLS (Receiving Agency), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed as a result of searches of the database. 3. Term of the Contract. This Contract begins on 09/01/08 and ends on 08/3112010. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act. Chapter 771 et seq. if this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. S. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays, In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. 9260.1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. No limit will be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payce. `t-'he Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract: Name: Department of State Health Services Address: 1100 West 491h Street Austin, Texas 78756 -3199 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 831100) for each Certification of Vital Record printed as a result of searches of the database. 92648 -1 Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 9. Billing Instruction. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. 10. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 11. Security of Patient or Client Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 12. Suspension of Services Under This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 13. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 14. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. 92649 -1 Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 15. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Exchange of Client- Identifying Information. Except as prohibited by other law, Receiving Agency and Performing Agency shall exchange Public Health Information (PHI) without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. D. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http: / /www.dshs. state .tx.us /records /schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. E. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. 92618 - I F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. H. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non - action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. I. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC §§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. J. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. K. Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed to times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. L. Credits. 42648.1 Performing Agency will handle credit requests on a case -by -case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and /or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 16. Entire Atreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT F STATE HEALTH SERVICES CITY OF NORTH RICHLAND HILLS By: r�­By: Signature of Authorized Official Signature ghlt��-;o — Date Date Bob Burnette, C.P.M., CTPM Printed Name and Title Director, Client Services Contracting Unit Address I 100 WEST 49TH STREET _ AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 Telephone Number Bob.Burnette @dshs.state.tx.us 92648-1 E -mail Address for Official Correspondence CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 9 -8 -2008 Agenda No. C.1 Subject: ZC 2008 -10 Public Hearing and Consideration of a Request from North Richland Hills Baptist Church to Approve a Zoning Change from C -1 - Commercial to U - Institutional on five lots in the Parchman Addition (Located between Parchman St. and Vance Rd. on Boulevard 26) - Ordinance No. 3011 Case Summary: North Richland Hills Baptist Church, is requesting to rezone property that is owned by the church and currently platted as separate lots. These lots front along Boulevard 26 and previously had commercial structures on them. These lots are zoned C -1 Commercial. The primary church structure is located on U — Institutional zoned property. The church is currently undergoing site area improvements and parking area expansion. The primary expansion to the current parking areas is towards Boulevard 26 and will include substantial site and landscape improvements. A site plan has been reviewed by the Development Review Committee. The expanded parking areas are primarily in the area being requested for rezoning. The rezoning will bring all of the church's property into consistent zoning of the church's ownership. It will also allow the church to utilize the sign regulations for U - Institutional that permits an electronic changeable message board as part of their signage for the church and creates more of a boulevard street frontage for the facility. Plat Status: A re -plat is being processed concurrently with this zoning request and will combine all the lots under the church's ownership to create one lot. This plat request will come forward for Planning and Zoning Commission and City Council approval when DRC issues are resolved. Existing Site Conditions: The site has the existing church and related use structures, and the old commercial structures along Boulevard 26 have been demolished and removed as part of the campus expansion and parking area improvements. Comprehensive Plan: The Comprehensive Plan depicts retail and institutional land uses for this area. Thoroughfare Plan: The site frontage is on Boulevard 26 (P6D); a future 6 -lane, divided principal arterial with 130 feet of ROW and Vance Road, a collector street. Surrounding Zoning / Land Use: North: U Institutional / church South: Street Right -of -Way / City of Richland Hills East: CS / Community Services West: HC Heavy Commercial & NS Neighborhood Services Planning & Zoning Commission Recommendation: Approval by 4 -0 vote. Staff Recommendation: To approve zoning change request ZC 2008 -10 -- Ordinance 3011. Review Schedule: Application: 6/9/08 Final Hearing: 9/8/08 Staff Review & Scheduling Time: 8 weeks Applicant Revision Time: 5 weeks Total Review Time: 13 weeks E* E LOCATION MAP Zoning Change: C -1 to U (Verwiew Drive City of Richland Hills N Iq RH ZC 2008-10 Zoning Change, C -1 to U Vance Road between Glenview Drive and Boulevard 26 Prepared by Planning 816108 Feet 0 2'40 480 960 1,440 1 ,9-20 �a W A 9i Yn, �•r - , rt 0 0 AERIAL AMP PROPERTY OWNER NOTIFICATION HL,q� NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS ti\`•....- � ,:��; PLANNING AND ZONING COMMISSION �ExPS CITY COUNCIL Case #: ZC 2008 -10 Applicant: Ernest Hedgcoth /North Richland Hills Baptist Church Location: 4001 Vance Road 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 Ernest Hedgcoth, representing North Richland Hills Baptist Church, to rezone four parcels of land from "C- 1" Commercial to "U" Institutional (2.57 acres), located at 4001 Vance Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 21, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by: CITY COUNCIL : MONDAY, SEPTEMBER 8, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please 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 David Gene Flood 4109 Mackey Dr. Fort Worth, TX 76180 Larry Jr Etux Melinda Lyle 4100 Vance Road North Richland Hills, TX 76180 City of Richland Hills Planning Department 3200 Diana Dr Richland Hills, TX 76118 Rhodora Gainer 3 800 Scruggs Dr North Richland Hills, TX 76180 Society of Saint Puis X of TX Dba Our Lady Mt Carmel Cath 11485 N Farley Rd Platte City MO 64079 7001 Partners LP Kirk Miler 1314 Lake St Ste 100 Fort Worth, TX 76102 Phillip Wayne Beasley 4105 Vance Fort Worth, TX 76180 Barbara Lee 6808 Hovenkanp Ave Fort Worth, TX 76118 Franklin Merle Hofsteter 4101 Mackey Dr. Fort Worth, TX 76180 Michael Etux Darla McElyea 4100 Mackey Dr Fort Worth, TX 76180 Jessie Etux Virginia Johnson 6413 Smithfield Road North Richland Hills, TX 76I80 Ismael Etux Gladys Sanabria 5440 Lori Valley Lane Keller, TX 76248 John Crawford Etal McGuffin 6825 Hardisty St Fort Worth, TX 76118 Steven A Smith 7156 Hightower Dr North Richland Hills, TX 76180 Edwardo Delgado 4101 Vance Fort Worth, TX 76180 David E Etux Mary Alice Hill 4108 Mackey Dr Fort Worth, TX 76180 North Richland Hills Baptist Church 4001 Vance Fort Worth, TX 76180 Northeast Town Homes Ltd. c/o Roman Waschka P O Box 1453 Grapevine, TX 76099 Katherine Y Hicks 6909 Corona North Richland Hills, TX 76180 L C Urbanosky 3805 Parchrnan North Richland Hills, TX 76180 Alfred St Arnold 4714 Bonneville Dr Arlington, TX 76016 Woodson Etux Cindy Carter 4104 Vance Fort Worth, TX 76180 ORDINANCE NO. 3011 ZONING CASE ZC 2008 -10 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.57 ACRE TRACT OF PROPERTY FROM C1 (COMMERCIAL) TO U (INSTITUTIONAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.57 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from C1 (Commercial) to U (Institutional) 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 the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director • EXHIBIT A Being a 2.570 Acre tract out of the A.G. WALKER SURVEY ABST. 1630, and including Lot 1 -R, Lot A -1, Lot A -2, Lot B -R, and the remainder of Lot C, Parchman Addition, an addition to the City of North Richland Hills, Tarrant County, Texas as recorded in Volume 388 -218, Page 44, Volume 388 -123, Page 75, Volume 388 -122, Page 61, Volume 5483, Page 33, of the Plat and Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the Southwest corner of Lot A -1, Parchman Addition, said point being an "X" in concrete walk at the intersection of Hwy. 26 and Parchman Street; THENCE North along the East R.O.W. line of Parchman Street a distance of 269.27 feet to a 1/2" iron rod; THENCE South 42 °02' 00" East a distance of 238.71 feet to a P.K. nail; THENCE North 900 00' 00" a distance of 185.20' feet; THENCE South 00° 24' 00" East a distance of 170.20' feet to the west right of way Vance Road; THENCE South 00° 00' 00" East a distance of 299.86' feet to PK nail in the intersection of Hwy 26 and the west right of way Vance Road; THENCE North 42 °02'00" West along the north right of way line of Hwy 26 a distance of 467.85 feet to POINT OF BEGINNING and containing 111,933.564 Square Feet or 2.570 Acres more or less, D 0 ti ZONING EXHIBIT lFoLmiffin ■ I WS REING' I?EZO.VFD 6� - ----- QTAW mm-0- RICHLJND HILLS pis16RCH ERNFST H M OTH — v %c.vl. ROAD co-is111.7114c. FINGINFERS INC. X01am RICHLAND HIT 1S. TK8A.5 76180 6701-C MIDWAY ROAD (a 1?) 264 -0406 FOR" WORTH. TRWAS 78117 4817) 681 -7111 VICINITY MAP t-2 Y. 11 Aft Ov... " - REZONING EXHIBIT ZONING CHANGE FROM C-1 TO U MINING LOT I-IL WT A-L. LIFT A-M. LOT M-K. AND THI. REMAINDER OP IDT 1, MAk(HVA% ADDITION, AN ADDITION TO PROPOSED LOT t-RI PARCHMAN ADDITION OUT of rm A* U WALKER SRVEY, ABSTRACT NO. 11130, RET.'. I_ OT A 1. LOT A 2. lA)T IT R. AND TRY RFWAFKIRM OF LOT C, PARCMD0LAIN ADDITION. ILN ADDITION - VOUI or TARP*r TO THE (� OF NORTH girMIANn KTIJ9 TARRANT (7—. rrYAR. - RECOOD" 1% a 9641-218. FACT 44. VULI.MK 346-123, FA- 75. —UNIF IM izz. PA(;g 61, voLtj"r 5483. PAGE 31. OF IRK FIAT AND "ED RKORDS. t ER4C5T A REQVIERED "OKSW*64. LAND $11MCI-M A 5-1 V T%RftK COUVTT, Tf:TAg RYAS. DO KKWY CrRrgN THAT , NAVE PREPARED THS RAT FROM AN AC7JAL 04 'l* CM%9 S~T OF THE IA10 DATE PREPARED; AUGUST 25. 2000. YrbM owk"Khk Ima suH,t" wo. 1444 --------------- G7 �01 CONCEPT AERIAL PERSPECTIVE South Parking Lot Im'provement5 � ILIWAR EXCERPT FROM THE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING ZC 2008 -10 Public Hearing and Consideration of a Request from North Richland Hills Baptist Church to Approve a Zoning Change from C -1 — Commercial to U — Institutional on five lots in the Parchman Addition (Located between Parchman St. and Vance Rd. on Boulevard 26.) Public Hearing opened 7:11 p.m. Ernest Hedgcoth with Ernest Hedgcoth Consulting Engineers, 5701 -C Midway Rd, Fort Worth came forward representing the applicant. This is part of an expansion plan for the parking lot area. They will be changing from the Vance Rd address to Boulevard 26 to give the church more exposure to the 40,000- 50,000 cars that drive down that street a day. They found that a lot of people were not aware of where they were located. The church tore down the old Eckerd's and cleaners and that will now be a portion of the parking lot and will be landscaped. They are requesting the zoning change so that they can put a new sign up. They have a monument that will be similar to the one that is in front of the church on Vance that will be a decorative structure. They are working with staff to re -plat the property into one lot. Eric Wilhite came forward and stated that staff has reviewed the site plan. The church has owned all of this property for a long time. The larger portion is the section that is zoned U where the church sanctuary and parking exists. They are requesting the zoning change to tie this other section into the existing property. They are also currently going through the re -plat process. Commission and City Council will see that once we get some issues worked out. Staff has reviewed this request and it will give them the ability to add the signage they are wanting. Staff recommends approval. Mike Benton asked how far back the large monument sign would be? Eric Wilhite said that it would be setback 35 feet to meet the minimum building setback line. The small monument sign that will have the electronic changeable message on it will be able to be set closer as long as it is out of the visibility triangle. Public Hearing closed 7:11 p.m. APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve ZC 2008 -10. The motion was carried unanimously (4 -0) Mark Haynes, Kelly Gent, Steven Cooper were absent. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 9 -8 -2008 Agenda No. C.2 Subject: SUP 2008 -06 Public Hearing and Consideration of a Request from Cubellis Architects /Engineers, representing CEC Entertainment, to Approve a Special Use Permit for the expansion to the existing Chuck E. Cheese's structure located at 7935 Boulevard 26 - Ordinance No. 3012 APPLICANT: CEC Entertainment, DBA Chuck E Cheese's, represented by Cubellis Architects /Engineers. CASE SUMMARY OF REQUEST: In December of 2007 CEC Entertainment received a Special Use Permit (SUP) to expand the existing facility. Since the original SUP approval from the City, CEC Entertainment has altered their proposed plans for expansion of the facility and thus requiring a new SUP. A revised SUP is being processed for City Council approval. Based on the previous site plan the expansion of the existing structure would take place on the Boulevard 26 side of the structure. The revised request is to expand the building to the south (main entrance side) of the existing structure instead of the Boulevard 26 side. This was a significant adjustment to the previously approved SUP and could not be approved administratively at the staff level. This amended request includes the same two primary requests as the previously approved special use permit request. These included: 1.) A utilization of a non - approved exterior building material (stucco) beyond the 15 percent allowed. Section 605(c) of the North Richland Hills Zoning Regulations allows such request to be processed through the SUP process. Staff is in support of this request as it will allow the applicant the ability to match the current materials and architecture style of the existing facades. 2.) The previous SUP also brought the land use into conformance with the current permitted land use table which requires an amusement arcade (indoor) to obtain a SUP for the facility to operate as a conforming land use. Staff supported the SUP for the land use as it had been operating as a legal existing non - conforming land use. Since both requests require a SUP, the two requests are being placed together in this one case. This was also done for the first SUP approved in December 2007. Council could approve both requests together or approve only one of the two requests. The previous conditions and site plan requirements that were part of the original SUP approval are being carried through to this request. These items included adding landscaping in landscape setbacks along street right -of -way, landscaping in the parking area, installing side walks, and removal of the existing pole sign and replacing with a monument sign meeting current sign regulations. All these items are indicated on this SUP site plan and will be part of the SUP ordinance. PROPOSED USE: The applicant proposes to use a standard grade EIFS (Exterior Insulation Finish System) in lieu of approved masonry materials as required by Section 605 of the North Richland Hills Zoning Ordinance on an expansion to the front side of the existing structure which faces the parking lot. The areas proposed for this are indicated on the elevations drawings. The business currently operates as a legal existing non - conforming use as an indoor amusement arcade and restaurant. The current table of permitted uses requires an SUP for this type of land use. By obtaining the SUP, the land use will be in conformance and allow the expansion. PROPOSED USE: The expansion of approximately 2,430 square feet to the existing 10,212 square foot commercial facility will provide an increase to the arcade entertainment area of facility. EXISTING ZONING: "C -1" commercial with SUP (S- 2969). STAFF RECOMMENDATION: Staff is in support of the SUP request based on the architecture of the existing structure being the same as the requested material while maintaining the current operating use. Staff is recommending approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: Approved by vote of 4 -0 the request with the stipulation that a spot grade survey of the newly paved parking lot be undertaken to determine if the parking lot is properly graded and the survey be received and approved by staff prior to City Council approval. STAFF RECOMMENDATION: To approve the recommendation of Planning and Zoning Commission approving Ordinance 3012 for the requested SUP as submitted and with the stipulation that a spot grade survey of the newly paved parking lot be undertaken to determine if the parking lot is properly graded, that the survey be received and approved by staff prior to City Council approve, and further that the architecture of the existing structure be the same as the requested material while maintaining the current operating use. Review Schedule: Application: 7/7/08 Final Hearing: 9/8/08 Staff Review & Scheduling Time: 7 weeks Applicant Revision Time: 2 weeks Total Review Time: 9 weeks LOCATION MAP ME, 9-m� ..=v . + �m. m 0 NE Loop 820 N 1�IRH SUP 2008-06 Chuck E. Cheese's 7935 Boulevard 26 Clearview Addition; Block 25, Lot 3RA i u u I I (Feet Prepared by Planning 818108 0 190 380 760 1,140 1,620 • 1� LJ :LOO AERIAL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: SUP 2008- 06 Applicant: Cubellis / Chuck E. Cheese's Location: 7935 Boulevard 26 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 David Steffen of Cubellis, representing CEC Entertainment, for an expansion to the existing Chuck E. Cheese's structure located at 7935 Boulevard 26. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 21, 2008 If recommended for approval by the Planning and Zoning Commission, this case will be heard by the City Council on: CITY COUNCIL: MONDAY, SEPTEMBER 8, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please 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 H &K AUTOMOTIVE David & Gina Sauerwein Ellen Hinckley 7924 Maplewood Ave. 6821 Crane Road 7909 Laura Street North Richland Hills, TX 76180 North Richland Hills, TX 76180 Fort Worth, TX 76180 David & Cynthia Maine American Alliance Investments Renfield LLC 7913 Birchwood PO BOX 48402 230A W College St North Richland Hills, TX 76180 Fort Worth, TX 76148 Stephenville, TX 76401 Curtis E. Yblood Alvin & Ruth Martin Edwin Dilks 7901 Birchwood Drive 7837 Birchwood Drive 7833 Birchwood Drive Fort Worth, TX 76180 Fort Worth, TX 76180 North Richland Hills, TX 76180 Ronald Akins Leontyne Ross Roberta Brown 7828 Birchwood Drive 7832 Birchwood Drive 7836 Birchwood Drive Fort Worth, TX 76180 Fort Worth, TX 76180 Fort Worth, TX 76180 Patricia Augustus Larry & Connie Worrell Alton Sadler 401 E Jemez St 7900 Birchwood Drive 7912 Birchwood Drive Hobbs Nm 88240 -3448 North Richland Hills, TX 76180 Fort Worth, TX 76180 LWD Partners, Ltd. Fabian Dominguez Anastacio Rodriguez 8144 Walnut Hill Lane Ste. 1100 8001 Laura Street 7905 Laura Street Dallas, TX 75231 North Richland Hills, 76180 Fort Worth, TX 76180 Travis A & Nancy Torres Irish Melissa Rasbury Mary Sutton 7909 Birchwood Dr 7913 Laura Street 7917 Laura Street North Richland Hills Tx 76180 North Richland Hills, TX 76180 Fort Worth, TX 76180 Joseph M. & Virginia Stencel Toni & Ronald Blevins James Rexroat 7921 Laura Street 7925 Laura Street PO Box 150537 North Richland Hills, TX 76180 North Richland Hills, TX 76180 Fort Worth TX 76108 Joyce Burson CEC Entertainment Inc 7933 Laura Street 4441 W Airport Fwy North Richland Hills, TX 76180 Irving, TX 75062 Horne Depot USA Inc. Stm/Mnm Land Venture I LLC Property Tax Dept. — R. Troutt 1452 Hughes Rd Ste 102 PO Box 105842 Atlanta, GA 30348 Grapevine Tx 76051 -0000 ORDINANCE NO. 3012 SUP 2008 -06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY ALLOWING A SPECIFIC USE PERMIT FOR AN EXPANSION TO THE EXISTING CHUCK E. CHEESE LOCATED AT 7935 BOULEVARD 26; 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 and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of a parcel of property and approving a specific use permit and a site plan for an expansion to the existing Chuck E. Cheese located at 7935 Boulevard 26. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills 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 clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director LEGAL DESCRIPTION LOT 311-A, BLOCK 25 CLEARVIEW ADDI'T'ION AN ADDI'T'ION TO THE CITY OF NORTH RICHLAND DILLS TAR.RANT COUN'T'Y, TEXAS ACCORING TO THE PLAT THEREOF RECORDED IN VOLUME 388 -145, PAGE 39, PLAT RECORDS OF TARRANT COUNTY, TEXAS BEING a 1,961 acres tract of land situated in the W.W. Wallace Survey, Abstract No. 1606, in the City of North Richland Hills, Tarrant County Texas, and being all of LOT 3R -A, BLOCK 25, CLEARVIEW ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Volume 388 -145, Page 39, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more particularly described as follows, BEGINNING at a t/2 -inch iron rod found at the most easterly corner of said Lot 3R -A, said point also being the point of intersection of the northwesterly right- of-way line of State Highway No. 26 (Grapevine Highway) with the southwesterly right- of-way line of Birchwood Drive; THENCE South 48 degrees 15 minutes 00 seconds West, along the northwesterly right -of -way line of said State Highway No. 26, a distance of 125.00 feet to a point for corner; THENCE South 48 degrees 41 minutes 00 seconds West, continuing along the northwesterly right - of -way line of said State Highway No. 26, a distance of 176.50 feet to a '/2 -inch iron rod found for corner; THENCE North 41 degrees 24 minutes 00 seconds West, departing the northwesterly right -of -way line of said State Highway No. 26, a distance of 270.08 feet to a point for comer; THENCE North 00 degrees 03 minutes 00 seconds East, a distance of 145.33 feet to a point for corner; THENCE South 89 degrees 57 minutes 00 seconds East, a distance of 104.80 feet to a point for corner; THENCE South 41 degrees 43 minutes 00 seconds East, a distance of 94.90 feet to a point for corner; THENCE North 48 degrees 15 minutes 00 seconds East, a distance of 125.03 feet to a % -inch iron rod found for corner, said point being in the southwesterly right-of-way line of said Birchwood Drive; THENCE South 41 degrees 43 minutes 00 seconds East, along the southwesterly right -of -way line of said Birchwood Drive, a distance of 215.00 feet to the POINT OF BEGINNING AND CONTAINING 85,440 square feet or 1 .961 acres of land, more or less; �f ', �I ,. 1;4 i f 4.1 '01 \ /4/ A' rn1 1 EXISTING SITE PLAN SITE PLAN "MCAFFW6 Yl o ...................... h ` 0 �o n O O 41 t 02 PROPOSED SITE PLAN W �) /Ax rwofCY eAJk4M 080643HORNDA C1.0 mmitN" MR OF Ali poem amim ............ Ot PROPOSED FRONT ELEVATION ..................... . ................... . ............. PROPOSED RUff SIDE ELEVATION @ - .............................. . ....... .......... �p MA.MWI ..................................... ......... ......................... ........... ----------- PROPOSED REAR ELEVATION PROPOSED LEFT SVE ELEVATION u e., I I Nil! 5W fta5KA "'0415AW Ca OR WIN W" ..................... U*BT VDN 080643HORNDA ME A2.0 ou at* mw we mme ., • .09P-OF kRCH EL 126'-5' 40 TOP OF FR EL 122'-Ir TOP OF FR no EL I I9'-T ON TOP OF FR E)OSTNG ARCH EL 122'-T EMW FR AS EL 117':(T— 3 OF SLAB Proposed Elevations North Richlmid Hills, TX via bil m IM" m m m CANN SAND4WKSVIN AUGUST MOON HXLYBERRY WD CEC RED CFCPVWF SW2043 Sw29T9 YM119 ARLON AWN Wi AWNNG i-, 46, I'M TOP OF ARCH A Et Qf -?-7' CANOE SANO.6UOMM AtlElAT M00N NO --mwrm CECm CECPURPA Swu" MOW SW2119 ANbN� AWNv,: IL Proposed Elevations North Richlxid Hills, T\ elm in t 0 0 MONUMENT SIGN B' 0° 1 I U i 61' �� ' 1•.S ; BRACES ==CAP VATERIAL 8 (OLOR TO MATCH BUILDING 1 COW?ANS AND BASE MATERIAL 6 COLOR TO CATCH BUILDING • 4 ! �" 0.0- 231'r1ALL 10' JOINTI BASE PIPE 1' r1'• 7' �1' a (CY:TEfEFi.Cit1:Y0N @i.CB04EGI;I x,IEE.41CflliIVISCISTIACS 7.0° DIA. 6 -O' DEEPCONCRETE FOOTING LT- j I ' : I m tV ` IF N —LT-1 � ` + DOUBLE-FACE kANUNNf SIGN -- -- — - - - - - -- — -- - - -- END V" 0SCALE Y; 1-0' SCALE:;':' 1' -O" hl I ' . I <io ° - �Loam IAYENIER TIM YINri WIN SERIES ZSOOSLrERGREY51 `. CMLa1TOIIATLH FIRS 2SO TRANSIAMPALS111 CALON SE a ES 2910 PEA01991 d 00'ING — � CALM SERIES 150D 10611NLIANT GREEN 11M "111.OZER TO FIRS 3H — I RAMS Y! NTL- FAS 486 � __ � � .. �f s N S '29-F CAIDNSEUa2SOOYRIIRTO uLONSEIIES2910TELl01YRtiTRAJYS TIANSYINTL Ya1Tl P1lS 109 < t -, , DEMONSTRATION USE ONLY ;. •aAoNSEaa1 oRlualu fAIDN SERIES B� RED IT TRANS VINTL CALON SERIES �- Actual material to be determined based on City Code. PVSI" Material will match what is used in building. -- �� N 1.5. -BULDINGTOMUITCII �• w1A+1110*41,tolt C:(ATION TOMER Chuck [ Cheese's #519 TTLSQ.FT. 4 : A`= 24 DWG 8801.08ft1 ° ° """1 AW W'1 Onh Ul t.;A "`.p" U APPROVAL ll�1{� KySL Neer 1925 Grapevine Hwy- Deb6o Stellar Argab Queen SCALE [As, • {(swk DATE CIRSTATE Nwth Richland Hills T% rS BID JOB' R HoynerljQ 3810 NIA DATE DB_28 -08 (1) TOamp 120v arcutt required O 31244 Starli��. n* yaa111 b +1 poWly Of STARLITE SIGN, LP aad al rWft to Its rgraisew a i ibk in we W STARLt1E 9W IP • :J r FM ` "M 381.0431 W DLORD LATE EXCERPT FROM THE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING SUP 2008 -06 Public Hearing and Consideration of a Request from Cubellis Architects /Engineers, representing CEC Entertainment to Approve a Special Use Permit for the expansion to the existing Chuck E. Cheese's structure located at 7935 Boulevard 26. Public Hearing opened at 7:13 p.m. Alan Kelly with Cubellis Architects Engineering Firm, 1750 Valley View Ln, came forward representing the applicant. In request for the Special Use Permit for the 2,430 square foot expansion in front of the building and the exterior modifications. Chairman Shiflet asked if he was familiar with the previous SUP request. David Steffen with Cubellis Architects Engineering Firm, 1750 Valley View Ln, came forward representing the applicant. I submitted the original expansion that was going to go out the side of the building when TXDOT was involved. CEC has gone back and looked into other buildings they were expanding. They found that by actually expanding out the front rather than the side would allow them to put in more games. This expansion would give them more room for the skills games for the kids. Chairman Shiflet said that there were some conditions that were set at that time of the previous Special Use Permit that will also be applicable and Eric will address those in a moment. Mr. Steffen said yes and they have met with Eric and staff and have met all of the landscaping and additional sidewalk requirements on Birchwood and Boulevard 26. They also have the pole sign that city council had showed to move and now they are proposing to put a new monument sign in that same location. Mr. Schopper asked if there were some drainage issues with the parking lot on the adjacent properties? Mr. Steffen said yes. CEC went out with their contractor a couple weeks ago and they have replaced and put in a new curb to prevent water from draining towards the residents' property. Mr. Schopper asked if they replaced just the curb or the entire parking area? Mr. Steffen said that they added a new curb and came out about 20 feet and re- asphalted it so that the drainage was coming away from the residents' properties. Mr. Schopper asked were there any permits pulled for this work? The city has got a concern regarding the elevation and how it will drain and whether it will create bird baths. Mr. Steffen said that Eric had sent them a letter stating that CEC and their contractor needed to submit proper documents to the city. To my knowledge they have made contact with the city. Mr. Schopper asked if this is a matter that we need to address as part of the SUP or would it be considered a separate issue? Eric Wilhite said that it is a concern with staff that we get that addressed. We went ahead and moved forward out of courtesy to move this case forward. They would like to have this addressed before it is heard in front of city council. It was mentioned during the first SUP and City Council and city management are aware that parking lot improvements were done and not permitted. We need to make sure that we don't run into any more issues with the overlay that caused the drainage onto the properties in the first place. We are pretty confident that CEC will get us this information but we just want to make sure that everyone is aware. Mr. Steffen said that he has seen emails that were sent to the contractor to make sure that he gets with the city to get this done. Mike Benton asked if there are any surveyed elevations of that parking lot? Mr. Steffen said that when they originally proposed the expansion on the side they had a topographic survey completed on that project. This has been given to CEC. Mike Benton asked if this was done after the new parking lot and curbs were redone? Mr. Steffen said no. This was done about 6 -12 months ago before the parking lot work was done. I am making the assumption that CEC gave that information to the contractor so that he could determine the grades from there. Mike Benton asked if this is something that the city needs to have I would like to make a condition that we get some information on the elevation of the parking lot to make sure that we won't have any problems. Mr. Steffen asked if he wanted it as it is today? Mike Benton said that he just wanted to make sure that there won't be any issues with flooding for the neighbors behind. Mr. Steffen said that he went out to the job and thinks that the contractor did a good job on the curb. I didn't see it with it pouring down rain but as of now it appears that everything is draining the way it should be. Mike Benton said that sometime when they place those curbs they will hold water against the curb and then that would be another issue for the neighbors. Chairman Shiflet said that he would suggest that CEC get with staff to find out when this information should be turned in to allow time to get in packets for city council. Eric Wilhite came forward and stated this SUP comes before you again as an amendment or revision to the previously approved SUP that went through Council in December 2007. When the applicant came back before the Development Review Committee it was because the previous SUP was going to have the expansion going out from the side. They now will be coming out from the front of the building. Everything that was shown on the previous SUP the applicant is now indicating on this particular site plan that will supersede the previous one. There is the landscape setback, the plantings, the shrubs and trees on both street frontages and sidewalks. They've actually increased the parking lot landscaping compared to the previous SUP and that also includes reorienting the dumpster. All of those conditions including the monument sign that was a condition that was put on by City Council on the previous SUP and is being indicated on this site plan that will be attached to this SUP. Part of the SUP was to bring into conformance with the land use code but they are also requesting the SUP process for a masonry variance to use more than the 15 % non - masonry product which would be the stucco. This will also include the masonry variance for fagade elevations with the non - masonry product. Staff has worked closely with them and thinks that this will be a good addition. They are working with the Building Inspections department with the Building Official and also the Fire Department. This is non SUP related but I want the audience to know that there won't be any outdoor work being done after hours during the expansion. Staff has reviewed with site plan that is being presented and we recommend approval. Cynthia Main, 7913 Birchwood, NRH, asked when the work on the building would be done? Last time they were working at night and waking the neighbors up at all hours of the night and early morning. The only way they could get it to stop was to call the police every night. Bill Schopper asked if there are hours they are allowed to work? Eric Wilhite said that there are restricted hours which depend upon daylight savings time. They can work 7 a.m. to 7 p.m. Monday through Saturday and no work on Sunday. This has already been discussed at the DRC. We are doing what we can up front to try to prevent this from happening. During the preconstruction meetings and the construction inspection review process we will be sure to strongly address this with the contractors and applicant. Ms. Main asked if they would be throwing trash outside at 1:00 or 2:00 am like they did previously? Eric Wilhite said that we can't guarantee that they won't but we will be on top of it even more. Ms. Main said that she thinks that this needs to be stressed to the contractors because they had no consideration for the residents. Eric Wilhite said that if the police are unable to get them to stop then there are other things that can be done for non - conformance of the ordinances. The building inspections can hold up their inspections. Ms. Main also said that there is a Cottonwood tree that its' roots come up and stop up the neighbors plumbing. They have to go out and dig it out because they can't get CEC to do anything. Is there anyway we can get that removed? Eric Wilhite said that he would allow the applicant to address this issue. We don't have any ordinances on private sewer line unless it is a sewer main. Mr. Steffen said that he can go back to CEC and let them know that there is a problem with the root system on the tree. Chairman Shiflet said that anything that is done tonight is just a recommendation and on September 8t" they will have the opportunity to go before City Council with the same concerns. Public Hearing closed at 7:27 p.m. APPROVED Mike Benton, seconded by Bill Schopper, motioned to approve SUP 2008 -06 with the addition of having the spot grade survey for parking lot turned in to city staff by August 29, 2008 in order to go before the City Council. The motion was carried unanimously (4 -0) Mark Haynes, Kelly Gent, Steven Cooper were absent. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 9 -8 -2008 Agenda No. C.3 Subject: SUP 2008 -04 Public Hearing and Consideration of a Request from Allen Samuels Realty, Inc. to Approve a Special Use Permit for an Automobile Dealership located at 7820 NE Loop 820 and 4500 Booth Calloway Road - Ordinance No. 3013 CASE SUMMARY: Allen Samuels Reality, Inc. (Allen Samuels Auto Group) is requesting a Special Use Permit (SUP) in order to continue to operate this property that serves primarily as a vehicle storage area for the auto dealership. Several years ago the City Council at that time took action to close a portion of Lynn Terrace and Blackman Drive as a city street. Although the streets were never permanently closed, they were barricaded for several months. Even though the barricades have been removed for many years, the streets are officially closed. An ordinance and a replat running concurrently with this SUP on the City Council agenda will vacate the Right of Way (ROW) for these streets officially and the property will become part of a platted lot. Since the auto dealership has essentially been operating on the property and from current indications will continue to do so by using it primarily for vehicle storage, a SUP is required. The site was once a church with several paved areas for parking. The church building was removed several years ago with only the paved parking areas remaining. As mentioned above the auto dealership has been using these paved areas for storing new vehicles and on occasion using the un -paved areas. The site plan being approved as part of the SUP will require barrier bollards to be put in place so that vehicle parking will be clearly restricted and allowed on existing improved surfaces only. Along with this, a 6 feet high masonry screening fence will be constructed along the common property line of the commercial lot and the adjacent residential. These improvements and site plan elements are indicated on the attached site plan that will be part of the ordinance for the SUP. Since at this time the Allen Samuels Group is not expanding the dealership by constructing any new structures or buildings, they are requesting a variance to the requirement of the 15 feet landscape buffer adjacent to the residential property and along the street frontage at this time. At such time in the future when any facility or additional improvements are planned for the site, a revised SUP site plan would be required prior to the development and all development standards at the time would be required to occur unless a variance for such is granted. EXISTING ZONING: Existing zoning is "C -2" Commercial. EXISTING PLATTING: Replat as Lynncrest Addition is being processed concurrently with the SUP request. COMPREHENSIVE PLAN: The Comprehensive Plan depicts retail uses for this area. These uses include a variety of retail including personal and business service establishments, retail strip centers and offices. ADJACENT ZONING /LAND USE: North: State Highway ROW East: "C -2" commercial / auto dealership South: "R -1" / single - family residence West: "C -2" commercial THOROUGHFARE PLAN: The site has frontage on IH 820 (NE Loop 820). This re- plat, based on TxDOT's preliminary schematics, will not be affected by the proposed widening of NE Loop 820 in terms of TxDOT's need for right -of -way acquisition. During the previous reconstruction of the NE Loop 820 /SH 121/183 interchange, TxDOT acquired the necessary ROW for lanes along the frontage of the Allen Samuels property. Staff is in support of the SUP request based on the facility operating only as an automobile storage facility since the use will not change from current conditions. Staff would request approval be based on the specific conditions as indicated on the approved SUP site plan and that an amended SUP site plan will be required if any additional operations as an auto dealership were to take place. PLANNING AND ZONING COMMISSION RECOMMENDATION: Approved by a 4 -0 vote with the stipulations as identified on the SUP site plan exhibit. Staff RECOMMENDATION: To approve Ordinance 3013 for the requested SUP with conditions as stated on the site plan exhibit. Review Schedule: Application: 6/2/08 Final Hearing: 9/8/08 Staff Review & Scheduling Time: 11 weeks Applicant Revision Time: 3 weeks Total Review Time: 14 weeks tp LOCATION MAP Northeast Special Use Permit 7820 NE Loop 820 w = Bedford- Euless Road 00 0.0 L N ?qFtH SUP 2008 -04 Special Use Permit Allen Samuels 7820 NE Loop 820 & 4500 Booth Calloway Road Prepared by Planning 818108 Feet 0 100 200 400 600 800 0 0 cc N ?qFtH SUP 2008 -04 Special Use Permit Allen Samuels 7820 NE Loop 820 & 4500 Booth Calloway Road Prepared by Planning 818108 Feet 0 100 200 400 600 800 Elp D AERIAL Rt. ip- • r, �, TVn� �� "`"!• H YN •l�,•kV - .. 'r .j 'yam _ _� - ~ - i - - r F tie Ak rfir,. - +R r' ri�u... rrrN rid` ' Y 44 dw mmw im �w .. - •r r���s..r.ri� mow' - ,''t•`�C, - _ tL - AIL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: SUP 2008- 04 Applicant: William Wauson / Allen Samuels Location: 7820 NE Loop 820 and 4500 Booth Calloway Road 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 William Wauson, representing Allen Samuels, for a Special Use Permit for an Automobile Dealership at 7820 NE Loop 820 and 4500 Booth Calloway Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 21, 2008 If recommended for approval by the Planning and Zoning Commission, this case will be heard by the City Council on: CITY COUNCIL: MONDAY, SEPTEMBER 8, 2008 Both Meetings Time: 7:00 P.M. Both Meetings Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please 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 Allen Samuels Realty Inc 301 Owen Ln Waco TX 76710 -5579 Stacey Etvir Marcus Neely 7812 Mary Frances Ln NRH Tx 76180 -7306 Bobby D Downs 7820 Mary Frances Ln Fort Worth Tx 76180 -7306 Gloria Jean Jones 7832 Mary Frances Ln Fort Worth Tx 76180 -7306 Tina C Walkup 7825 Mary Frances Ln NRH Tx 76180 -7305 Sheri Abel 7813 Mary Frances Ln Fort Worth Tx 76180 -7305 Deep Purple Investments LLC PO Box 1504 Nashville Tn 37202 -1504 Mary June Russell Lee Shannon & Lillie Puckett 7800 Mary Frances Ln 7808 Mary Frances Ln Fort Worth Tx 76180 -7306 North Richland Hills Tx 76180 -7306 Heath Etux Shelley Power Saeed Hadavand 7804 Mary Frances Ln 5003 Wareham Dr North Richland Hills Tx 75180 -7306 Arlington Tx 76017 -2727 Lisa Wood Endsley 7824 Mary Frances Ln Fort Worth Tx 76180 -7306 Jimmy Doyle Schooler 3000 Willow Park St Richland Hills Tx 76118 -6327 Charles S Walker 5131 Beatline Rd Long Beach Ms 39560 -3839 John M Crawford 7809 Mary Frances Ln Fort Worth Tx 76180 -7305 Gary Phillips Etal %Tropical Greenery Inc 7908 NE Loop 820 Fort Worth Tx 76180 -7302 Hospital Corp of America Mob 139 of Texas LP Tax Dept 34329 3100 W End Ave Ste 800 3100 W End Ave Ste 800 Nashville Tn 37203 -1378 Nashville Tn 37203 -1378 Doyle W & Barbara Warren 7828 Mary Frances Ln Fort Worth Tx 76180 -7306 Louis R Turner 7829 Mary Frances Ln Fort Worth Tx 76180 -7305 Charles Etux Laura O'Neal 6821 Hadley Dr NRH Tx 76180 -4441 Ennis A Chester 7805 Mary Frances Ln Fort Worth Tx 76180 -7305 American U Stor Richland Ltd Attn Bruce T Morison Esq 1904 Foxborough Tri Flower Mound Tx 75028 -8269 ORDINANCE NO. 3013 SUP 2008 -04 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY ALLOWING A SPECIFIC USE PERMIT FOR AN AUTOMOBILE DEALERSHIP LOCATED AT 7820 NE LOOP 820 AND 4500 BOOTH CALLOWAY ROAD; 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 and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of a parcel of property and approving a specific use permit and a site plan for an automobile dealership located at 7820 NE Loop 820 and 4500 Booth Calloway Road. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills 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 clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director LEGAL DESCRIPTION BEING 10.319 acres of land located in the W.W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block C -R, Lynncrest Addition, to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Volume 388 -108, Page 81 of the Plat Records of Tarrant County, Texas, and a portion of Lot 1 -R, Block 1, Helfman Addition, to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Volume 388 -130, Page 14 of the Plat Records of Tarrant County, Texas, and incorporating portions of former Blackman Drive and Lynn Terrace closed by City Ordinance No. 2618. Said 10.319 acres being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found, at the Southwest corner of said Lot 1, Block C -R, Lynncrest Addition, lying in the East right -of -way line of Booth Calloway Road (a 60 foot wide public right -of -way); THENCE along the East right -of -way line of said Booth Calloway Road, being the West boundary line of said Lot 1, Block C -R, Lynncrest Addition, and the West boundary line of said Lot 1 -R, Block 1, Helfman Addition, as follows: 1. N 000 43' 53" W 471.44 feet, to a 1/2" iron rod found, at the Northwest corner of said Lot 1, Block C -R, Lynncrest Addition; 2. N 000 41' 53" E 51.45 feet, crossing the right -of -way of aforesaid former Blackman Drive, to a 1/2" iron rod found, at the Southwest corner of said Lot 1 -R, Block 1, Helfman Addition; 3. N 000 33' 51" W 78.98 feet, to an "X" cut in concrete at the most Westerly Southwest corner of the Tract of land conveyed to the State of Texas by the Judgment recorded in Volume 10252, Page 1728 of the Deed Records of Tarrant County, Texas; THENCE along the South boundary line of said State of Texas Tract, being the new South right -of -way line of Interstate Highway No. 820, as follows: 1. N 430 47' 25" E 49.27 feet, to a Texas Department of Transportation right -of -way monument found; 2. SOUTHEASTERLY 500.79 feet, along a curve to the right having a radius of 3,817.72 feet, a central angle of 070 30' 43", and a chord bearing S 77° 41' 49" E 500.43 feet, to a Texas Department of Transportation right -of- way monument found, at the intersection of the North right -of -way line of aforesaid former Blackman Drive; THENCE S 470 58' 45" E 77.24 feet, along the new Southwest right -of -way line of said Interstate Highway No. 820, and crossing said former Blackman Drive, to a 1/2" iron rod found, in the South right -of -way line of said former Blackman Drive, and the North boundary line of aforesaid Lot 1, Block C -R, Lynncrest Addition, said 1/2" iron rod also being the Northwest corner of the Tract of land conveyed to the State of Texas by Condemnation recorded in Volume 11084, Page 1251 of the Deed Records of Tarrant County, Texas; THENCE along the Southwest boundary line of said State of Texas Tract, being the new Southwest right -of -way line of Interstate Highway No. 820, as follows: 1. S 740 49' 42" E 61.09 feet, to a Texas Department of Transportation right -of -way monument found; 2. S 680 17' 11" E 157.06 feet, to a Texas Department of Transportation right -of -way monument found; 3. S 280 23' 15" E 29.79 feet, to a 1/2" iron rod found, at the Southeast corner of said State of Texas Condemnation Tract, and the intersection of the East boundary line of said Lot 1, Block C -R, Lynncrest Addition, and the West right -of -way line of aforesaid former Lynn Terrace; THENCE N 570 30' 00" E 58.96 feet, along the new Southwest right -of -way line of said Interstate Highway No. 820, and crossing said former Lynn Terrace, to a Texas Department of Transportation right -of -way monument found, in the East right -of -way line of said former Lynn Terrace, and the West boundary line of Lot 1 -A -R, Block 10, Richland Heights Addition, and being a portion of Lot 1 -A -R, Block 10, Richland Heights Addition, to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Volume 388 -167, Page 47 of the Plat Records of Tarrant County, Texas, and said monument lying at the Southwest corner of the Tract of land conveyed to the State of Texas by the Judgment recorded in Volume 11412, Page 1322 of the Deed Records of Tarrant County, Texas; THENCE S 000 44' 14" E 399.26 feet, along the East right -of -way line of former Lynn Terrace, and the West boundary line of said Lot 1 -A -R, Block 10, Richland Heights Addition, to a 1/2" iron rod set; THENCE S 890 14' 36" W 848.22 feet, along the South boundary line of aforesaid Lot 1, Block C -R, Lynncrest Addition, to THE PLACE OF BEGINNING, containing 10.319 acres (449,479 square feet) of land. ............ .................................. . ...... - MtTE F (3 Z1 COUStICal ACO�MIMI SOLUTIONS, INC. iR 4-0L IA ......................... ....................... I .................... . SITE PLAN A:Orgolw ��-S?NWE pt r 14 0 p 54�WOTITW .................. ............ MR81UPLAN I .... .... ......... ; :t 1 43 R U S IN 17Fi-1 I ]FOW PLT :. m>wa�aiaxaunxx AMSnCRETE COMPONENTS SITE PLAN A:Orgolw ��-S?NWE pt r 14 0 p 54�WOTITW .................. ............ MR81UPLAN I .... .... ......... ; :t 1 43 R U S IN 17Fi-1 I EXCERPT FROM THE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING SUP 2008 -04 Public Hearing and consideration of a Request from Allen Samuels Realty, Inc. to Approve a Special Use Permit for an Automobile Dealership located at 7820 NE Loop 820 and 4500 Booth Calloway Road. Public Hearing opened at 7:31 p.m. Herb Cross, C.W.A. Construction, 8801 Woodway Drive, Waco, TX, came forward representing the applicant. The property is located at the corner of N.E. Loop 820 and Booth Calloway. We are requesting a Special Use Permit for automobile dealership and parking of vehicles on existing paved services on this property. There is no new paving proposed. We do propose to install a screening fence adjacent to the residential areas and will meet all standards. We are asking to not have to deal with the 15 foot landscape buffer until the property is further developed. Chairman Shiflet asked if all they were wanting was to continue using the property as they are now and put in a new 6 foot masonry fence where you adjoin the residential on the south. Mr. Cross said yes. This case is stemmed from the next case as well. The next case will be taking multiple properties and making them into a single property and closing the roads that go through there. Chairman Shiflet asked about the closing of Blackman and Lynn Terrace roads. Mr. Cross said that City Council has already approved for the roads to be abandoned. Eric Wilhite said that the roads have not been abandoned yet but will be when the plat goes through to the City Council and the right -of -way is purchased by Applicant. Right now they have just been closed by ordinance but they were never abandoned. This is the next step. Chaiman Shiflet asked if this would be the next item that they will consider if this is approved? Eric Wilhite said yes. There was a plat that has been going through the process for awhile now. It has finally come to a conclusion where it could be platted. Part of that is this particular piece of property is being used as is indicated on this exhibit. Right now Allen Samuels is not planning to expand the dealership as far as it relates to more structures or automotive servicing. This will simply bring them more into conformance since they have been using their property for ancillary parking and storage for their vehicles. If at any time they wish to expand the paving or add a dealership structure to this particular site they would have to come back through to revise the SUP. It is important to get the masonry screening wall put in that is required by ordinance. Because of some of the existing conditions out there such as not having irrigation and the parking lot that is along there now, they request that at this point and time that they not have to do the 15 foot landscape buffer plantings. They will be parking only on the existing paved surfaces and they will be putting up a barrier to keep people from parking on grass. The ordinance is to have masonry fence in and pipe bollards and everything that is indicated on this exhibit will be part of the conditions. They are not planning on doing anything more that what the current land use is now which is vehicle storage. We are encouraging them to work with the adjoining neighbors to take down their existing fences. Chairman Shiflet said that the masonry screening wall will back up to the north side of Mary Frances? Eric Wilhite said yes. John Crawford, 7809 Mary Frances, NRH, TX, asked if this would affect any of the property north of Mary Frances? Chairman Shiflet said that at this time all that they are requesting to do is add the 6 foot masonry fence. Mr. Crawford said that on the notice he received it showed that it came up to the yards of the people on the other side of Mary Frances. Eric Wilhite said that the reason the notices were sent out for the other side is because they were within the 200 foot notification zone which caught the other side of Mary Frances. Don Bowen said that the use of the property is not going to change it is going to stay as it is as the SUP is written for vehicle storage. If they decide to put in a dealership or sell out to a dealership they will be required to get an SUP. Chairman Shiflet said that would be another public hearing and those within 200 feet would be notified by law. Marian Crawford, 7809 Mary Frances, NRH, said that they were under the impression that they were going to build on that lot. Chairman Shiflet said that this request has no construction except the fence and the bollards to keep them on the pavement. Ms. Crawford asked if they were aware that there was a sewer system where the fence is presently. Is that going to be moved one way or the other? Eric Wilhite said that the fence would be to the north of the sewer line. They will have to locate that specifically so that they won't put the footings and smaller piers. Typically the sewer lines are deep enough that the fences don't affect them. It will be more on their side than yours. They will be taking down your fence and putting up a nice 6 foot masonry fence that will be cast concrete panel. Ms. Crawford asked if it would be concrete? Eric Wilhite said yes. They are concrete panels. There are no other structures being added. They will only have the existing building on the lot. They will have to come back before commission if they decide to add anything further to the site. Sherry Able, 7813 Mary Frances, NRH, TX, asked about the placing of the fence. It is being said that they will be placing the fence to the north of the existing fence but is asking the residents to take down their existing fences? Eric Wilhite said they are asking the applicant to work with the residents to be able to take down their existing fences to tie into the masonry wall. But many times it ends up with the fences being back to back. Ms. Able said that she was concerned about tying her side fences into it with her animals. Eric Wilhite said that a lot of times they have their masonry fence and the residents have their existing fence and hope that someone gets in there to maintain between the fences or take down the residents' existing fences and close it in. Ms. Able asked if the closure of the side fence to the masonry wall would be their responsibility? Eric Wilhite said yes. Public Hearing closed at 7:43 p.m. APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve SUP 2008 -04. The motion was carried unanimously (4 -0) Mark Haynes, Kelly Gent, Steven Cooper were absent. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite /Mike Curtis Council Meeting Date: 9 -8 -2008 Agenda No. D.1 Subject: GN 2008 -093 Abandon Right -of -Way for Blackman Road and a portion of Lynn Terrace and Authorize Conveyance to Allen Samuels Reality, Inc. - Ordinance No. 3019 - Ordinance No. 2008 -3019 In 2002, the City agreed to close Blackman Road and Lynn Terrace. At the time, this action was taken as it was to be the first in a succession of events during which the details of the ultimate abandonment of the Right of Way (ROW) would be determined. A replat of the properties owned by Allen Samuels, including this ROW abandonment, was intended to very closely follow the road closures. Now six (6) years later, the Allen Samuels group is ready to replat the property and purchase the ROW for both of these streets. City Council agreed to close Blackman Road and Lynn Terrace on April 22, 2002 via Ordinance No. 2618. The purpose of this Ordinance was to close (not abandon) both Blackman Road and Lynn Terrace. The City of North Richland Hills still retained ownership of the pavement and right -of -way for both streets. Despite the passage of Ordinance 2618 allowing for the closure of these roads, they remained open for use. In 2006, the applicant (Allen Samuels) began the process of replatting their property and attempting to permanently abandon Blackman Road and Lynn Terrace. While the replat was relatively straight - forward, the abandonment of the ROWs involved additional actions on the part of the applicant. In order to abandon these ROWs and convert them over to private property, the applicant was required to obtain an appraisal, performed by a licensed appraiser, in order to determine the market value of the ROW. In addition, the Allen Samuels group was charged with providing acceptable access to the Tropical Greenery Company, whose drivers currently use Blackman Road and Lynn Terrace to access Booth Calloway Road. Staff did not want the traffic generated by this commercial business to cut through the adjacent residential neighborhood and the ROWs needed to be abandoned in such a way that the underlying easements for water, sanitary sewer, drainage and general utilities remained. The Allen Samuels group satisfied all of staffs requirements. In January 2008, they obtained an appraisal of the Blackman Road and Lynn Terrace ROWs that yielded a value in the amount of $182,000.00. Allen Samuels negotiated an agreement with the Tropical Greenery Company which results in the closure of the existing Tropical Greenery driveway on Lynn Terrace, and a subsequent sale of this driveway to the Allen Samuels group and the abandonment will not remove the utility easements. The attached documents (Ordinance, Quitclaim Deed and Ernest Money Contract) authorize the conveyance of Right -of -Way from Blackman Road and a portion of Lynn Terrace to Allen Samuels Reality, Inc. Recommendation: To approve Ordinance No. 2008 -3019. ORDINANCE NO. 3019 AN ORDINANCE ABANDONING AND AUTHORIZING THE SALE OF BLACKMAN ROAD AND A PORTION OF LYNN TERRACE IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS WHEREAS, the City Council has been requested to abandon and authorize the sale of Blackman Road and a portion of Lynn Terrace located within the City of North Richland Hills, Tarrant County, Texas to Allen Samuels Realty, Inc. for the appraised price of such property; and, WHEREAS, the City Council finds that such property is no longer required for public street purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Blackman Road and that portion of Lynn Terrace described on Exhibits A and B hereto is hereby abandoned, and authorized to be sold to Allen Samuels Realty, Inc. save and except for a 50 foot wide utility and drainage easement located where such closed streets are currently located. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director EXHIBIT A LEGAL DESCRIPTION BLACKMAN DRIVE ABANDONMENT AREA BEING 0.658 acre of land located in former Blackman Drive (closed by City Ordinance No. 2618). Said 0.658 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a' /a" iron rod found at the Southwest corner of Lot 1 -R, Block 1, HELFMAN ADDITION, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388 -130, Page 14 of the Plat Records of Tarrant County, Texas, and said POINT OF BEGINNING, lying in the East right -of -way line of Booth Calloway Road (a 60 foot wide public right -of -way); THENCE N 89° 07'56" E 522.32 feet, along the South boundary line of said Lot 1 -R, Block 1, and the former North right -of -way line of said Blackman Drive, to a Texas Department of Transportation Monument found lying in the South right -of -way line of Interstate Highway No. 820 (a variable width public right -of -way); THENCE S 47° 58'45" E 77.24 feet, along the South right -of -way line of said Interstate Highway No. 820, to a ' /z" iron rod found lying in the North boundary line of Lot 1, Block C -R, Lynncrest Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388 -108, Page 81 of the Plat Records of Tarrant County, Texas; THENCE S 890 14'40" W 580.32 feet, along the North boundary line of said Lot 1, Block C -R, and the former South right -of -way line of said Blackman Drive, to a 'h" iron rod found at the Northwest corner of said Lot 1, Block C -R, and lying in the East right -of -way line of the aforesaid Booth Calloway Road; THENCE N 00° 41'53" E 51.45 feet, to the POINT OF BEGINNING, containing 0.658 acre (28,653 square feet) of land. EXHBIT A (cont.) LEGAL DESCRIPTION LYNN TERRACE ABANDONMENT AREA BEING 0.442 acre of land located in former Lynn Terrace (closed by City Ordinance No. 2618). Said 0.442 acre of land being more particularly described by metes and bounds as €ollow& BEGINNING at Y2" iron rod set at the Southeast corner of Lot 1, Block C -R, Lynncrest Addition, to the City of North Richland Hills, Tarrant County Texas, according to the plat recorded in Volume 388 -108, Page 81 of the Plat Records of Tarrant County, Texas and being the Northeast corner of Lot 10, Block C, Lynncrest Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388W, Page 59 of the Plat Records of Tarrant County, Texas; THENCE N 000 44'04" W 368.25 feet, along the East boundary line of said Lot 1. Block C -R, and the West right -of -way line of former Lynn Terrace, to a '/2" iron rod found at the Northeast corner of said Lot 1, Block C -R, and lying in the South right -of -way line of Interstate Highway No. 820 (a variable width right -of -way); THENCE N 570 30'00" E 58.96 feet, along the South right -of -way line of said Interstate Highway No. 820, to a Texas Department of Transportation Monument found lying in the South right -of -way line of said Interstate Highway No. 820, and lying in the West boundary line of Lot 1 -A -R, Block 10, Richland Heights Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388 -167, Page 47 of the Plat Records of Tarrant County, Texas; THENCE S 00° 44' 14" E 399.26 feet, along the West boundary line of said Lot 1 -A -R, Block 10, and the former East right -of -way line of Lynn Terrace, to a ' /z" iron rod set; THENCE S 89° 14' 36" W 50.15 feet, to the POINT OF BEGINNING, containing 0.442 acre (19,242 square feet) of land. Wd /081191 /Bfackmarrt?riveAbandc nmeniAre a080707 EXHIBIT B NAD 83 STATE PLANE V,g CRDINATES N: 6988086.02042 R�ae� f WIDT E: 2364094.22146 h PL "9414C MONUMENT FOUND NAD 83 STATE PLANE eClC 4 , COORDINATES R /G�r� A , N: 6987979.38711 p�. Q F E: 2364583.16052 - - - -' - - - - � � � _ _ TXALO.T. MONUMENT FOUND so R-OC- 1 S 47`58 45 E _UME 388 -1 m-4— �zs �---�� 77.24 :.?.T.C.T. r ' n -�1'r_ STATE OF TEXAS 11I• „°„ N 89 07 56 E 522.32 _ _ -� - -- VOLUME 1251 N 00'41'53 "E 51.45' 0.658 ACREJ28,653 SQ. a1°a S 89' 14'40 "W 580.32' 0 BLACKMAN OWE CLDSED BT CITT ORDItiA110E No 251i! O.R.T.C.T. +rr MN N 57030'00 "E = F - -- — --� --58.96' STATE OF TEXAS JUDGMENT SO D - � N�OL` U L 11412, P AGE 1322 D.R.T.C.T. L!NNC TEST A **! :,Ot+ 3 W E3 . ;1ZE 81 —5 U�tm ttiStMEttc o t vaexwE a,aa is Pw.rs.T. PROPOSED z g j LOT 1 R, BLOCK C -R 399.26' „E \. I �. 1.0.319 ACRES m 4 LOT 1 -A -R. BLOCK 10 I mo, (449,479 SQUARE FEET) LTN>s TERMS cLUSea BY I R4c�4LAN© I�E,cNTS Anomav p .c I VOLUME 3W -167. PAGE 47 W I ,,,� OWNER ALLEN SAMUELS REALTY. INC. CITY ORDINANCE No. 2!418 K:t .( PA- T.C.T. m ZONED "C -2" �► OWNER: o v t { N 00'44'04 "yV ALLEN SA4AiIELS RFxTT, INC. 9' 1 368.25' ©% = 7 ZONED "c -z" t SETBACK LINE ! 1a x AS i�_�___ ...._- ........_ .....- _ _ - ....... - ...... _ _� _ _� -_ _. -.- _ -- _ I TF.S.D°. E16EMEMi L�-/ "XU+E �0 -167, PAOE 47 H f,bD *10g i0' UTILITY EASEb4eNT YOLUM% "J88 -W PALE 59. P.R.T C.T. - - - - - i 1 P.fILGF_ 1_� ..... .... .... .^s__..- ._. - - -_ —� —. �. ...- —. SET o - - -- �-� -- - , ., -- TZEC "R- " S 8 50.755 W 1 T12 E - - - - -- -- - - - - - -- I LOT 18 I LOT 17 1 LOT 14 I LOT 15 I LOT 14 I LOT 3 I iA I LaT 11 y 10 t - - - _ - - - _ - i as,me 4 aaex i on t i ft"m 4 ow"m 1 $XWM 4 a04M I OT 1 I tv ww .Iwt E" A. crost A+ y swoo � **A= �ws cww.ES s. Tws c wixuP o+xr LOT 1A, BLOCK E I wow a.Er eiaw A *AM AWL L^)m a� rwti¢R ears a. T,�a1Et jSC�+ooLw W I CALLOWAY FARM ADDITION I _ BLOCK LYNNCR? ADDITION VOLUME88 -+eY, PACE 59, P.R. C_T_ E'' I' LOT 2. BLOCK 10 CABINET A. SLIDE 1590 - 11 RICHLAND HEIGHTS ADDITION P,R.T.C.T. MARY FRANCES LANE - °� Z I VOLUME 388- 11 1, PAGE 01 - - - - - -- - - - - � I P.R.T.C.T. QUITCLAIM DEED Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. Date: September , 2008 Grantor: CITY OF NORTH RICHLAND HILLS, Tarrant County, Texas. Grantor's Mailing Address (including county): P.O. Box 820609 North Richland Hills Tarrant County, Texas 76118 Grantee: ALLEN SAMUELS REALTY, INC. Grantee's Mailing Address (including county): 301 Owen Lane Waco, Texas 76710 Consideration: ONE HUNDRED EIGHTY TWO THOUSAND DOLLARS ($182,000.00) and other good and valuable consideration, the receipt of which is hereby acknowledged. Property: See Exhibit A attached hereto. Reservations from Conveyance: Grantor reserves from this conveyance a fifty foot (50') wide drainage and utility easement located on such property. Grantor, for the Consideration and subject to the Reservations from Conveyance, quitclaims to Grantee all of Grantor's right, title, and interest in and to the property, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Neither Grantor nor Grantor's, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it. When the context requires, singular nouns and pronouns include the plural. SIGNED this September , 2008. GRANTOR: CITY OF NORTH RICHLAND HILLS, TEXAS A STATE OF TEXAS } COUNTY OF TARRANT } Larry J. Cunningham, City Manager BEFORE ME, the undersigned authority, on this day, personally appeared Larry J. Cunningham, City Manager of the City of North Richland Hills, a Texas municipality, and acknowledge to me that he executed the same for the purposes and consideration, therein expressed, and in the capacity therein stated as the act and deed of the City of North Richland Hills, Texas. Notary Public in and for the State of Texas AFTER RECORDING RETURN TO: Allen Samuels Realty, Inc. 301 Owen Lane Waco, Texas 76710 EARNEST 1VI©€NEV CONTRACT 1. PARTIES: CITY OF NORTH RICHLAND HILLS. (Seller) agrees to sell and convey to ALLEN SAMUELS REALTY. INC. or assigns (Buyer) and Buyer agrees to buy from Seller the Property described below. 2. PROPERTY: The real property and improvements situated in Tarrant Counvy Texas. described as follows: Being property consisting of 1.3905 Acres of Existing ROW located on Blackman Street & Lynn Terrace. North Richland Hills, Texas, exclusive of all mineral rights retained by Seller, 3. SALES PRICE: (a) Cash portion of Sales Price payable by Buyer $I82 (b) Sure of all financing described in paragraph 4 0.00 (c) Sales Price (sum of (a) and (b)) 1 182 0. aa.0} The Sales Price is is not X_ to be adjusted based upon a survey. 4. FINANCING: The portion of the Sales Price not payable in cash shall be paid as follows: NOT APPLICABLE 5. EARNEST N40NEY: Buyer shall deposit One Thousand (S 1,000.000) as Earnest Money with FIRST AMERICAN TITLE COMPANY OF WACO, INC. (Escrow Agent) at 4325 Nest Waco Dr., Waco, TX 76710 on the Effective Date of this contract. The Earnest Money shall be deposited in an interest bearing account in a federally insured financial institution chosen by Escro % -.! Agent and any interest shall be credited to Buyer. If Buyer fails to deposit the Earnest Money as required by this contract, Buyer shall be in default. G. TITLE POLICY AND SURVEY: EARNEST MbN'"E CONTRACT -NORTH RICWLANDHILLS 1'A OE ! (a) TITL1 POLICY: Seller shall furnish Buyer, at Buyer's expense, an Owner Policy of Title Insurance (the Title Policy) issued by FIRST AMERICAN TITLE COMPANY OF WACO (the Title Company), in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject only to those title exceptions permitted by this contract, or as may be approved by Buyer in writing, and the standard printed exceptions contained in the promulgated form of Title Policy; provided however that: (1) the exception as to area and boundaries shall be deleted except for any shortaues in are at the expense of Buyer; and (2) the exception as to restrictive covenants shall be endorsed "None of Record ", unless restrictions are approved by Buyer. Within Ten (10) days after the Title Company receives a copy of this contract, Seller shall furnish Buyer a commitment for Title Insurance (the Commitment) including copies of recorded documents evidencing title exceptions. Seller authorizes the Title Company to deliver the Commitment and related documents to Buyer at Buyer's address. Buyer shall have Ten (10) days after receipt of the Commitment and legible copies of documents evidencing title exceptions required by this contract to object in writing to matters disclosed in the Commitment other than the standard printed exceptions as described or limited in this paragraph. (b) SURVEY REQUIRED: Within Ten (10) days after the Effective Date of this Contract, Seller, at Buyer's expense, shall furnish to Buyer a survey of the Property dated after the Effective Date of this contract. Buyer may, within Ten (10) days after Buyer's receipt of the survey object in wilting to any matter which constitutes a defect or encumbrance to title on the survey or if the survey shows any part of the Property to lie in a 100 -year Iloodplain area. The survey required by this paragrraph b(b) shall be made by a Registered Professional Land Surveyor acceptable to the title company and any lender. The survey shall: (i) identify the Property by metes and bounds or platted lot description; (ii) show that the survey was made and staked on the ground with corners permanently marked; (iii) set forth the dimensions and total area of the property; (iv) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other waterways, fences, easements, and rights of way on the Property with all easements and rights of way referenced to their .recording information; (v) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the 100 -year floodplain as shown on the current Federal Emergency Management Agency map; and (vi) contain the surveyor's certificate that the survey is true and correct. Buyer's failure to object under paragraph C(a) or b(b) within the time allowed shall constitute a waiver of Buyer's right to object except that the requirements in Schedule C of the Commitment shall not be deemed to have been waived. If objections are made by Buyer, or any third party tender, Seller shall cure the objections within 20 days after the date Seller receives them. The Closing Date shalt be extended as �. �_�.�. ...... ....................................... ...........:................................................. ............................... I .. ............................ EARN E~ST MONEY CONTRACT — NORTH RICHt.ANll H1LI�S PAGE �2 necessary to cure objections. If objections are not cured by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer elects to waive the objections, 7. PROPERTY CON DITIONIF'EASIBILITY STUDIES: (a)PRESENT CONDITION: Buyer accepts the Property in its present "as is" condition. (b) INSPECTIONS AND FEASIBILITY STUDIES: Within Sixty (60) days after the Effective Date of this contract, Buyer, at Buyer's expense, may complete or cause to be completed inspections of the Property (including any improvements) by inspectors of Buyer's choice. Inspections may include but are not limited to: (i) physical property inspections; (ii) economic feasibility studies; and (iii) any type of environmental assessment or engineering study including the performance of tests such as soils tests or air sampling. Seller shall permit Buyer and Buyers inspectors access to the Property at reasonable times. If Buyer determines, in Buyer's sole judgment, that the Property is not suitable for any reason for Buvees intended use or is not in satisfactory condition, then Buyer may terminate this contract by providing;, written notice of termination and copies of all reports of inspections, studies, or assessments completed or caused to be completed by Buyer under this paragraph to Seller within the time required to complete the inspections, studies, or assessments under this paragraph, and the Earnest Money Shall be refunded to Buyer. If Buyer does not terminate this contract within the time required, any objections with respect to the inspections, studies, and assessments under this paragraph shall be deemed waived by Buyer. If this contract does not close through no fault of Seller, Buyer shall restore the Property to its original condition if' altered due to inspections, studies, or assessments completed by Buyer or Buyer's inspectors. ''Within Five (5) days after the Effective Date of this contract, Seller shall deliver to Buyer: (1) copies of ail notes and deeds of trust assumed or taken subject to by Buyer; (2) copies of all leases pertaining to the Property, including any modifications, supplements, or amendments to the leases; and (3) copies of all previous environmental assessments, studies, or analyses affecting the Property in Seller's possession, S. CLOSING-1- (a) The closing of the sale shall be within One Hundred-Fifty (150) days after objections to title or the survey have been cured, whichever date is later (the Closing Date); however, if financing approval has been obtained pursuant to paragraph 4, the Closing Date shall be extended up to Fifteen (15) days only if necessary to comply with lender's closing instructions. If either party fails to close this sale by the Closing Date, the non - defaulting party shall be entitled to exercise remedies contained in paragraph 14. ..... ...................... .............................. _ ..... ».. ............................... EARNEST MONEY CONTRACT -NORTH RICHLAND HILLS PAGE 03 (b) At closing. Seller shall furnish, at Seller's expense: (l) tax statements showing no delinquent taxes on the Property; (2) an assignment of all leases to or on the Property duly executed by Seller; Q) a QuitClaim Deed conveying title to the Property with exclusion of mineral rights: and (4) evidence that the person executing this contract is legally capable and authorized to bind Seller. 4. POSSESSION: Seller shall deliver possession of the Property to Buyer on Closing in its present condition. Any possession by Buyer prior to Closing or Seller after Closing that is not authorized by a separate written lease agreement, shall establish a landlord- tenant at sufferance relationship between the parties. 10. SALES EXPENSES: To be paid in cash at or prior to closing: (a) Seller's Expenses: Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one -half of escrow fee, and other expenses stipulated to be paid by Seller under other provisions of this contract. (b) Buyers Expenses: All loan fees or expenses (i.e. fees for application, origination. discount. appraisal, assumption, recording, tai; service, mortgagee title policies. credit reports, document preparation and the like); preparation and recording of deed of trust to secure assumption; required premiums for insurance, interest on all periodic installment Payment notes from date of disbursements to one payment period prior to dates of first periodic payments; one -half of escrow fee; fees for copies and delivery of title commitment and related documents; and other expenses stipulated to be paid by Buyer under other provisions of this contract. (c) If any sales expense exceeds the amount stated in this contract to be paid by either party, either party may terminate this contract unless either party agrees to pay such excess. 11. PRORATIONS AND ROLLBACK TAXES: (a) Interest on any assumed loan, current taxes, and any rents shall be prorated through the Closing Date. If the amount of the ad valorem takes for the year in which the sale is closed is not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. If Buyer is assuming payment of or taking subject to any existing loan on the Property, all reserve deposits for the payment of taxes and other EARNEST MONEY CONTRACT — NORTH RICHLAND HILLS PAGE e4 charges, shall be transferred to Buyer by Seller and Buyer shall pay to Seller the amount of such reserved deposits at closing, (b) If this sale or use of the Property after closing results in the assessment of additional taxes for periods prior to closing , the additional taxes shall be the obligation of Buyer. Obligations imposed by this paragraph shall survive closing. (d) Seller shall, at closing, tender to Buyer any security deposits, prepaid expenses, and advanced rental payments paid by any and all tenants. l?. CONDEMNATION: If prior to closing, condemnation proceedings are commenced against any portion of the Property, Buyer may: (a) terminate this contract by written notice to Seller within Ten (10) days after Buyer is advised of the condemnation proceeding and the F.irnest Money shall be refunded to Buyer; or (b) appear and defend in the condemnation proceeding and any award in condemnation shall, at Buyer's election, become the Property of Seller and the sales price shall be reduced by the same amount, or shall become the property of Buyer and the sales price shall not be reduced. 1 ?. DEFAULT: if Buyer fails to comply with this contract, Buyer shall be in default. Seller may either: enforce specific performance, seek other relief as may be provided by law, or both; or terminate this contract and receive the Earnest Money as liquidated damages. thereby releasing the parties from this Contract. If Seller is unable without fault to deliver the Commitment within the time allowed, Buyer may either terminate this contract and receive the Earnest Money as the sole remedy, or extend the time for performance tip to Fifteen (15) days the Closing Date shall be extended as necessary. If Seller fails to comply with this contract for any other reason, Seller shall be in default and Buyer may either enforce specific performance, seek such other relief as may be provided by law, or both; or terminate this contract and receive the Earnest Money, thereby releasing the parties from this contract, 14. A'T'TORNEY FEES: If Buyer, Seller, or Escrow Anent is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party shall be entitled to recover from the non - prevailing parties all costs of such proceeding and reasonable attorney fees. The provisions of this paragraph shall survive closing. 15. ESCROW: If either party makes demand for the payment of the .Earnest Money, Escrow Agent has the right to require from all parties a written release of liability of Escrow Agent for disbursement of the amount of unpaid expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled thereto. At closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph shall be in writing and delivered by hand delivery or by certified marl, return receipt requested. F..ARNtST MONEY CONTRACT -NORTH RICHLAND HILLS PAGE 45 16. MATERIAL FACTS: (a) Seller shall convey the Property on closing: (i) with no liens, assessments, or other security interests against the Property which will not be satisfied out of the Sales Price: {ii) without any assumed loans in default; and (iii) with no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases delivered to Buyer pursuant to this contract. (b) To the best of Seller's knowledge and belief: Seller is not aware of any material defects the Property. 17. NOTICES: All notices shall be in writing and effective when hand - delivered. mailed by certified mail return receipt requested, or sent by facsimile transmission to: Buyer at: Seller at: Allen Samuels Realty, Inc. City of North Richland Hills 301 Owen Lane .............................................................................. ..........:.................... Waco, Texas 76710 (254) 761 -6899 (fax) �.__.._ .......................... ( Buyer assigns this contract, Buyer shall be relieved of any future liability under this contract only if the assignee assumes in writing all obligations and liability of Buyer under this contract. 2l. TIME: Time is of the essence in this contract. Strict compliance with the tunes for performance stated in this contract is required. 22. EFFECTIVE DATE: The Effective Date of this contract for the purpose of performance of all obligations shall be the date this contract is reeeipted by the Escrow Agent after all parties have executed this contract. 23. MISCELLANEOUS: (a) If the Property is situated in utility or other statutorily created district providing water. sewer, drainage, or flood control facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and the Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (b) If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, Section 33.135 of the Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. (c) Buyer should not rely upon any oral representations about the Property from any source. Seller has no knowledge of any defects in the Property other than what has been disclosed in this contract. 24. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless accepted by the other party by 5.00 p.m. Central Standard Time on November 1, 2008, the offer shall lapse and be null and void. ...... ........ ............ .._. .... . ........ ... ....... .................. .................................................................................. ............................... EARNEST MONEY CONTRACT - NORTH RICHLAND HILLS PAGE 47 BUYER: Printed Name: —7- —a-Z ......... . .... . .... . . . .. .... ..................... . ................. Date RECEIPT: SELLER: CITY NORTH RICHLAND HILLS Printed Name: Date On this day, v receipt of (a) Contract; and (b) Earnest Money in the fonn of 6 . ........... I .......... Escrow Agent: Address: By: Escrow Agent, acknowledges Phone: .. . . ................. . . ................ 1... -.1 ... .. ...... .. ........... .1 - EARNEST MONEY CONTRACT - NORTH RICHLAND HILLS PAGE :Yg CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 9 -8 -2008 Agenda No. D.2 Subject: RP 2008 -06 Consideration of a Request from Allen Samuels Realty, Inc to Approve a Replat of Lot 1, Block C -R, Lynncrest Addition and a portion of Lot 1 -R, Block 1, Helfman Addition into Lot 1 -R, Block C -R, Lynncrest Addition (Located at 7820 NE Loop 820 and 4500 Booth Calloway Road - 10.319 acres) Case Summary: The applicant, Allen Samuels Reality Inc., is requesting a replat of Lot 1, Block C -R Lynncrest Addition and a portion of Lot 1 -R, Block 1, Helfman Addition. The replat will combine lots and create one 10.319 acre lot. At this time Allen Samuels is using the property for vehicle storage serving the auto dealership. Blackman Drive and a portion of Lynn Terrace Drive rights -of -way were closed by Ordinance 2618 on April 22, 2002 by City Council in order to facilitate to replatting and development of adjacent property. However, up to this date the street right -of -way was never abandoned and purchased by the property owner. Recently the applicant obtained an appraisal to establish a value of the right -of -way in order to purchase it from the city. The previous council agenda item (GN 2008 -093) if approved would abandon the right -of -way for Blackman Road and a portion of Lynn Terrace and authorize the conveyance of the property to Allen Samuels Reality, Inc. The attached copy of the plat indicates that the right -of -way was abandoned by ordinance. If the plat is approved the ordinance number will be included on the plat before it is filed at the Court House. Current Zoning: The zoning of the property is C -2 commercial. Due to the property being used as part of the auto dealership (for vehicle storage only) a Special Use Permit is being processed. This SUP request is running concurrently with the Replat request. Comprehensive Plan: This plat is consistent with The Comprehensive Plan, which indicates commercial uses for this area. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances, and has approved it for Planning & Zoning Commission consideration. Planning and Zoning Commission Recommendation: Approved by a vote of 4 -0. Staff Recommendation: To approve the replat of this property - -RP 2008 -06. Review Schedule: Application: 4/18/08 Final Hearing: 9/8/08 Staff Review & Scheduling Time: 14 weeks Applicant Revision Time: 6 weeks Total Review Time: 20 weeks Ela • LOCATION MAP Bedford- Euless Road t� Ne t° Northeast Loo, � 20 Rodger Line Drive Big ., Mary Frances Ln m O o t,3 c O O m N ti Iq RH RP 2008 -06 Replat, Helfman Addition & a portion of Lynncrest Addition into Lot 1 -R, Block C -R, Lynncrest Addition 7820 NE Loop 820 Prepared by Planning 8114108 Feet 0 100 200 400 600 800 Ew �qp AERIAL ..,�;. Ilk REPLAT EXHIBIT VICINITY MAP S., R = 3317.72, !l. 2 94094.2 146 LC S 77'41. '49'*E ................... 10 63 ttftrl ........................ ....... 500.43 2. 1 CCIC WES . ........ . .W .. ................ .. ........ 77,24' 78.48, 57 3G S 74-49'42% .......... . 6 i .09' S 68617-1 1 525'23'15 "E° z LOT I R, HLOCK l.-k, "I S 00*44'14'E 10.11 q ACRFS (44��.479 SQUARE zEET) tin Ion" C-2, zi -O*E.' 'r-2" ..... .... . . .. ... ..... ........ .......... . .... ..... . ............ �4&22, Imto 'p-2, �:7 C ....... .. . ........... 1\ ..... .. .. ........... . .. ........ .. .. ......... MAR LANE. ARY FRANCE . .. ............ - .. .. ............ . R%H.All' OF LOT IR, BLOCK C-R LYNNCREST ADDITION AN ADDITION To TIFF CM OF N01"M RICHLAND TARPANT COUNlY. TEXAS* K-iNG A REPLA7 OF A PORTION LO' 1, BLOCK C-R, LYX*4C4E5-, ADIsMON 10 TH WY OF NO.Rill WFLAND iALLS ACZOWNNI. TO THE P:-A- RECORDED IN 'VOLUME 388-1081 PAGE 81 OF THE PLAT RECORDS OF TARRAN! COUNTY, TEXAS AND A PORTION OF LOT I R, BLOCK 1, HE: MAN ADD:TION TO CliY Of NORIN RICf4LA,40 lzlkls ACCORDW^ To THE P;•A7 RECORDED IN VOLUME 388-130, PAGE 14 OF THE PLAT RECORDS OF WPANT COUNTY, TEXAS ALSO INCLUD:NG A POPPON Of FORwER I)LACKMAN 6^rW AN-0 LYNN TERRACE. PPFPAREI): MAY 2M 2008 EXCERPT FROM THE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING RP2008 -06 Consideration of a Request from Allen Samuels Realty, Inc. to Approve a Replat of Lot 1, Block C -R, Lynncrest Addition and a portion of Lot 1 -R, Block C -R, Lynncrest Addition (Located at 7820 NE Loop 820 and 4500 Booth Calloway Road — 10.319 acres). Chris Blevins, Brittain and Crawford Land Surveying, 3908 South Freeway, Fort Worth, TX , came forward representing the applicant. Basically as previously discussed this plat is to take in Blackman and Lynn Terrace and the portion of the remaining old plat. The state had already taken a portion off of the front of it so it was already smaller than on the previous plat. They are just trying to clean it up by combining it all into one solid lot that they could either build or sell at a later date. Eric Wilhite came forward and stated that this has been a long process for Allen Samuels Realty Group and the consultants involved because of the right of way closure of streets, the abandonment of the streets and the purchase of the streets by Allen Samuels. Public works has diligently been working on that to get the appraisals for the purchase of that property. That action will be taken by City Council to actually abandon the right of way and enter into an agreement between the City and Allen Samuels to purchase it. Therefore it will become their property. By replatting this it will clean up two lots and will be used for development or sale. It is zoned C -2 and meets all rules and regulations for C -2 and staff has reviewed and recommends approval. APPROVED Mike Benton, seconded by Don Bowen, motioned to approve RP 2008 -06. The motion was carried unanimously (4 -0) Mark Haynes, Kelly Gent, Steven Cooper were absent. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 9 -8 -2008 Agenda No. D.3 Subject: FP 2008 -05 Consideration of a Request from Doug Terry of Alamo Ventures Inc. to Approve a Final Plat of Lot 4 -A, McMurray Addition (Located in the 3800 Block of Dawn Drive - 0.231 acres) Case Summary: The applicant, Alamo Ventures Inc., represented by Doug Terry, is proposing to final plat this 0.231 acre tract for development of a single family residence. This property is currently zoned R -3. Typically a lot which is zoned R -3 would be required to have as a minimum a 65 feet width. Because this lot is located within an area that has already been platted and the surrounding lots are not within this applicant's ownership, the property owner can not achieve the 65 feet minimum and is requesting a variance to the lot width. Section 110 -42 of the Subdivision Ordinance allows the applicant to request such a variance based on peculiar physical surroundings as long as the variance will not have an adverse effect on the intent of subdivisions provisions. The lot width being requested for approval of the variance is 63 feet and is the only deviation from the R -3 standards indicated on the plat. The minimum lot area of 7,700 square feet required in the subdivision regulations is being exceeded as the proposed lot is 10,061 square feet. All other standards and set backs will be met. Current Zoning: R -3 (single - family residential) Thoroughfare Plan: The lot has frontage on Dawn Drive, a 2 -lane, undivided, Residential Street (R2U) which typically has a 50 feet of Right -Of -Way. In this situation however the right of way width varies and is approximately 59 feet. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lot proposed by this plat is consistent with the plan. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the improvements indicated on the public infrastructure construction plans this subdivision will require water service and a 4 feet sidewalk adjacent to the property line within the right -of -way line of Dawn Drive. Therefore, the developer will be required to assume 100% of the amount required for such public improvements. Planning and Zoning Commission Recommendation: Approved by a 4 -0 vote. Staff Recommendation: Approval of final plat request FP 2008 -05 with lot variance. Review Schedule: Application: 5/12/08 Applicant Revision Time: 8 weeks Final Hearing: 9/8/08 Total Review Time: 17 weeks Staff Review & Scheduling Time: 9 weeks C7 LOCATION MAP ie ive 0 N NRH FP 2048 -45 Final Plat McMurray Addition, Lot 4 -A 3804 Block of Dawn Drive Prepared by Planning 8114/08 r.� C Feet 0 100 200 400 600 800 D U C7 AERIAL PLAT EXHIBIT ....................... ............. ........ .. .. .... DT I "su .......... ... LT, L) . . .. . ...... ITT 4 N-E.S53.33ZZ;6I 4 561 g 365-C,, Pap 299 1 p I..T.11.7 21 LOT 10 um 23:C MR-- T. Ml 5 . : LOT A, S:,R 10524 E 44C -ZZ53 BLOCK & ........ .. s 14k Sr Ilri N7) L-W 36 PLAT EXHIBIT VICINITY MAP 0 ------- ------- OWNER: C,*lXFXAS/SVJMEYUUS I �twl.Cr -.N IK rMM ?1 AUMO L=am RIMMERS. INC. MMT HEDGCOTH T S_ i-f Pqz—qC' T.�� L. fiY ;m 4 Alc?UVL C�N COn5Si 711r P.O. no ; 1474f, ENGINURS. INC. I-E LIK.). Fair VQM. TVA" 70147 k701-C WTDWAT ROAD (w) 000-ow TORT NUR E.1f 8731 'U(AS fil:4—ff4M P%0r-ZS!;fO?w4' LkkD %-. Wf M4. 0 — 0 w WA*WA CW OC—t OV rc Mmrs m.• FINAL PUT OF Lot 4-A McMURRAY ADDITION OUT OF Tut MARAIA LYNCH 51MVEY, AUSTUACT NO. 953, MIN", A PORTION OF LOT k MrUMLY AMMON. LN AbOMON tO MM CM C Y (W XORTV RICK"00 MUA TARRANT COtMY. 'MM. M MORDW W VOLUME 13$; PA" IN, DKIM RECORDS, TAMUXr COUNTY. TEXAS. VATZ FIVAM: MARCH L4, IM. THIS MAT VIISTI IN' CAMNET— SUDE .......... -- DATE ..................... 2m, . . ................. . ................ ................................................ ....................... ............. .......... ... VICINITY MAP 0 ------- ------- OWNER: C,*lXFXAS/SVJMEYUUS I �twl.Cr -.N IK rMM ?1 AUMO L=am RIMMERS. INC. MMT HEDGCOTH T S_ i-f Pqz—qC' T.�� L. fiY ;m 4 Alc?UVL C�N COn5Si 711r P.O. no ; 1474f, ENGINURS. INC. I-E LIK.). Fair VQM. TVA" 70147 k701-C WTDWAT ROAD (w) 000-ow TORT NUR E.1f 8731 'U(AS fil:4—ff4M P%0r-ZS!;fO?w4' LkkD %-. Wf M4. 0 — 0 w WA*WA CW OC—t OV rc Mmrs m.• FINAL PUT OF Lot 4-A McMURRAY ADDITION OUT OF Tut MARAIA LYNCH 51MVEY, AUSTUACT NO. 953, MIN", A PORTION OF LOT k MrUMLY AMMON. LN AbOMON tO MM CM C Y (W XORTV RICK"00 MUA TARRANT COtMY. 'MM. M MORDW W VOLUME 13$; PA" IN, DKIM RECORDS, TAMUXr COUNTY. TEXAS. VATZ FIVAM: MARCH L4, IM. THIS MAT VIISTI IN' CAMNET— SUDE .......... -- DATE ..................... 2m, . . ................. . ................ ................................................ EXCERPT FROM THE MINUTES OF THE AUGUST 21, 2008 PLANNING AND ZONING COMMISSION MEETING FP 2008 -05 Consideration of a Request from Doug Terry of Alamo Ventures Inc. to Approve a Final Plat of Lot 4 -A, McMurray Addition (Located in the 3800 Block of Dawn Drive - 0.231 acres). Ernest Hedgcoth with Ernest Hedgcoth Consulting Engineers, 5701 -C Midway Rd, Fort Worth, came forward representing the applicant. There are lots that have already been platted on the North and South side of this lot. This lot was left with only 63 feet which leaves them a little short of the 65 feet that the city requires. They are requesting a variance for the 2 feet they are short. They are building on the property to the south and once the platting on this property and the other house is complete they will move forward with this lot. They will be putting in sidewalks and will be tapping the water system for the water service line. We have worked with staff and satisfied all requirements. Chairman Shiflet asked if the only variance they were requesting was for the 2 feet they are short on the required 65 feet? Mr. Hedgcoth said yes. Chairman Shiflet asked if this was all residential? Mr. Hedgcoth said yes. It is zoned residential now. Eric Wilhite came forward and stated that this a pretty straight forward final plat other than the variance request by section 110 -42. Section 110 -42 allows some exceptions to be done on platting based on certain conditions or physical surroundings. This is a parcel that was subdivided by deed and is surrounded by previously platted lots. It is zoned R -3. They are asking for the deviation for the 63 feet. The house that will be built will meet the R -3 standards. The square footage of the lot far exceeds R -3 requirements. Staff has reviewed and there will be a sidewalk that has to go in and some water line. This lot meets all subdivision rules and regulations and staff recommends approval. APPROVED Bill Schopper seconded by Don Bowen, motioned to approve FP 2008 -05. The motion was carried unanimously (4 -0) Mark Haynes, Kelly Gent and Steven Cooper were absent. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 9 -8 -2008 Agenda No. F.1 Subject: GN 2008 -084 Amend the Existing Gas Franchise Between the City and Atmos Energy Corporation - Ordinance No. 3014 Pursuant to a Settlement Agreement negotiated earlier this year between Atmos Energy Corporation, Mid -Tex Division and the Atmos Cities Steering Committee, at a city's request, Atmos will approve the execution of, or amendment to, the city's franchise agreement to increase franchise fee payments. The agreement, which caps the increase at a maximum of five (5) percent of gross revenues for gas sold within city limits, is effective for franchise payments made on May 1, 2008 or the effective date of the amendment changing the franchise agreement, whichever is later. The franchise fee is charged to Atmos for using the public streets, alleys, grounds and rights -of -way within the City for supplying gas to the residents of North Richland Hills. The gas franchise fee is currently 4% which equates to $375,000 - $400,000 in revenue to the General Fund per year. An increase of 1 % to the franchise fee would generate approximately $100,000 more in revenue per year. The increase in the franchise fee would be passed on to Atmos customers as an increase in their monthly bills. The average residential customer's bill would increase by approximately $0.50 to $0.60 cents per month. Council consensus at the Budget Work Session held with City Council August 1 -2, 2008, was to dedicate the additional revenue from this increase to the franchise fee to the Crime Control and Prevention District Fund. The attached Ordinance approves the increase to the franchise fee from 4% to 5% with an effective date of January 1, 2009. Recommendation: Approve Ordinance No. 3014. Also approve dedicating the additional 1% of revenue from the change in the franchise fee to the Crime Control and Prevention District Fund. N iZH ORDINANCE NO. 3014 AN ORDINANCE. AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDNG AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Atmos Eneergy Corporation ( "Company ") is engaged in the business of furnishing and supplying gas to the general public in the City, including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights -of -ways within the City for that purpose under the terms of a franchise ordinance duly passed by the governing body of the City and duly accepted by Company or its predecessor in interest; and WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a different consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the consideration payable by Company for the rights and privileges granted to Company by the franchise ordinance duly passed by the governing body of this City and accepted by Company or its predecessor in interest is hereby changed to be five percent (5 %) of the Gross Revenues, as defined in the franchise ordinance. SECTION 2. THAT franchise payments shall be made on the dates prescribed in the existing franchise and shall be for the rights and privileges of the respective period during which the payment is made. SECTION 3. THAT this ordinance shall take effect January 1, 2009. Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2008, Ordinance No. 3014 amending the current gas franchise between the City and Atmos Energy Corporation. Atmos Energy Corporation By Vice President, Mid -Tex Division SECTION 4. THAT in all respects, except as specifically and expressly amended by this ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the City shall remain in full force and effect. SECTION 5. THAT the City shall provide a copy of this Ordinance to Mr. David Park, VP of Rates and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, no later than ten (10) business days after its final passage and approval. SECTION 6. THAT it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED on this the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 9 -8 -2008 Agenda No. F.2 Subject: GN 2008 -086 Approve Rate Tariffs with Atmos Energy Mid -Tex Division That Reflect the Negotiated Rate Change Pursuant to the Rate Review Mechanism Process and Approve Atmos Energy Mid -Tex Division's Proof of Revenues, Ordinance No. 3015 On April 14, 2008, Atmos Energy Mid -Tex Division ( "Atmos ") filed an application with the City to increase natural gas rates pursuant to the Rate Review Mechanism ( "RRM ") tariff approved by Council February 11, 2008 as part of a Settlement Agreement. Atmos' April RRM filing seeks a $33.5 million rate increase. The Rate Review Mechanism was created as part of a collaborative agreement between Atmos and the Atmos Cities Steering Committee ( "ACSC "). The City of North Richland Hills, along with 150 other cities served by Atmos Energy Mid -Tex Division, is a member of the Atmos Cities Steering Committee. The RRM authorizes cities to meaningfully review and dispute the company's annual rate filings in an expedited rate proceeding at the city level. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates via the RRM. Evidence provided by Atmos supported a $20 million increase, not $33.5 million as they requested. The monthly bill impact of the $20 million increase for the average residential customer is $0.81, the average commercial customer by $2.93 and the average industrial customer by $267.56. The Rate Review Mechanism tariff was approved by cities as part of the settlement agreement to resolve Atmos' 2007 rate increase case. Atmos' rate request represents the first filing pursuant to the three -year trial project known as the RRM process. The RRM process was created collaboratively by the Steering Committee and Atmos as an alternative to the Gas Reliability Infrastructure Program ( "GRIP ") surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three -year trial period specified by the tariff. There are two components to the RRM adjustment. The "prospective component" adjusts rates for known and measurable changes in Operations and Maintenance COW') costs and net plant investment. Atmos and ACSC agreed to cap changes to expenses and invested capital at no more than five percent (5 %). The "true up component" evaluates whether the Company has over or under recovered its earnings for the previous year. For purposes of the RRM true up component, Atmos' rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first class airfare, travel, meals or entertainment for employee's spouses, alcohol, sports events, entertainment, arts and cultural events, sponsorship of sports, arts or cultural events, and social club membership dues. The ACSC Executive Committee recommends that all ACSC cities adopt the ordinance implementing the rate change. An overriding reason for this recommendation is that a contested case proceeding before the Railroad Commission on the Company's current application will take several months and cost ratepayers millions of dollars in rate case expenses that would not likely produce a request more favorable than that to be produced by the settlement. In addition, as part of the negotiations between Atmos and ACSC, it was agreed that the monthly base rate (fixed rate) for Residential customers would be reduced from $10.69 to $7.00 per month with a monthly base rate (fixed rate) decrease for Commercial customers from $20.28 to $13.50 per month. While the base rate is a fixed amount, the tariff associated with the RRM is based on consumption. Reducing the monthly fixed charge and tying the tariff to consumption encourages energy efficiency, which is important to all of us. Approval of Ordinance No. 3015 would: Approve the negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid -Tex Division regarding the Atmos' rate review mechanism filing; • Declare the existing rates to be unreasonable; • Adopt tariffs that reflect rate adjustments consistent with the negotiated settlement and finding the rates to be set by the attached tariffs to be just and reasonable; • Approve Atmos' proof of revenues; • Adopt a savings clause; • Verify the meeting at which the ordinance is approved met the Open Meetings Act requirements; • Declares the effective date as 10/1/08; • Requires delivery of the ordinance to Atmos and ACSC legal counsel. Recommendation: Approve Ordinance No. 3015. N i�H ORDINANCE NO. 3015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS ( "CITY ") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID -TEX DIVISION (" ATMOS MID -TEX" OR "THE COMPANY ") REGARDING THE COMPANY'S RATE REVIEW MECHANISM FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; APPROVING ATMOS' PROOF OF REVENUES; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ( "City ") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ( "Atmos Mid -Tex" or "the Company "), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ( "ACSC "), a coalition of more than 150 similarly situated cities served by Atmos Mid - Tex that have joined together to facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid -Tex service area (such participating cities are referred to herein as "ACSC Cities "); and WHEREAS, Atmos and ACSC Cities have been in continuing disagreement, dispute, and litigation over the implementation of GRIP surcharges pursuant to Section 104.301 of the Texas Utilities Code; and WHEREAS, as part of the negotiations to resolve Atmos' 2007 rate case, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ( "RRM ") tariff that allows for an expedited rate review process controlled by Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action earlier this year to approve a Settlement Agreement with Atmos Mid -Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, on or about April 14, 2008, Atmos Mid -Tex filed with the City its first application pursuant to the RRM tariff to increase natural gas rates by approximately $33.5 million, such increase to be effective in every municipality that has adopted the RRM tariff within its Mid -Tex Division; and WHEREAS, ACSC Cities coordinated its review of Atmos' RRM filing and designated a Negotiation Committee made up of ACSC representatives and assisted by ACSC attorneys and consultants to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, the Company has filed evidence that existing rates are unreasonable and should be changed; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos is able to justify a rate increase of $19.8 million; and WHEREAS, the ACSC Executive Committee, as well as ACSC lawyers and consultants, recommends ACSC members approve the attached rate tariffs ( "Attachment A" to this Ordinance) that will increase the Company's revenue requirement by $20 million; and WHEREAS, the attached tariffs implementing new rates and Atmos' Proof of Revenues ( "Attachment B" to this Ordinance) are consistent with the negotiated resolution reached by ACSC Cities (including but not limited to a reduction of the residential customer monthly charge to $7.00 per month) and are just, reasonable, and in the public interest; and WHEREAS, it is the intention of the parties that ACSC Cities receive the benefit of any Settlement Agreement that Atmos enters into with other entities arising out of its RRM or any associated appeals of a decision entered by the Railroad Commission regarding the Company's request to increase rates. The ACSC Cities' acknowledge that the exercise of this right is conditioned upon the ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company's RRM filing in toto; and WHEREAS, the negotiated resolution of the Company's RRM filing and the resulting rates are, as a whole, in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the findings set forth in this Ordinance are hereby in all things approved. SECTION 2. THAT they City Council finds that the existing rates for natural gas service provided by Atmos Mid -Tex are unreasonable and new tariffs and Atmos' proof of revenues, which are attached hereto and incorporated herein as Attachments A and B, are just and reasonable and are hereby adopted. SECTION 3. THAT to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 4. THAT the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 5. THAT if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. SECTION 6. THAT if ACSC Cities determine any rates, revenues, terms and conditions, or benefits resulting from a Final Order or subsequent negotiated settlement approved in any proceeding addressing the issues raised in Atmos' RRM filing would be more beneficial to the ACSC Cities than the terms of the attached tariff, then the more favorable rates, revenues, terms and conditions, or benefits shall additionally accrue to the ACSC Cities. Exercise of this right is conditioned upon ACSC Cities' acceptance of all rates, revenues, terms and conditions of any other Settlement Agreement or associated appeals arising out of the Company's RRM filing in toto. SECTION 7. THAT this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for customer bills delivered on or after October 1, 2008. SECTION 8. THAT a copy of this Ordinance shall be sent to Atmos Mid -Tex, care of David Park, Vice President Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767 -1725. PASSED AND APPROVED on this the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19843 MID TEX DIVISION REVISION NO: 0 RATE SCHEDULE: R — RESIDENTIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 23 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 7.00 per month Commodity Charge — All Mcf $2.2410 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19844 MID -TEX DIVISION REVISION NO: 0 RATE SCHEDULE: C — COMMERCIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/0112008 PAGE: 24 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 3,000 Mcf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 13.50 per month Commodity Charge - All Mcf $ 0.9809 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider ! FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not i apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19842 MID -TEX DIVISION REVISION NO: 0 RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10101/2008 PAGE: 25 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2733 per MMBtu Next 3,500 MMBtu $ 0.1993 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0427 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay i Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19842 MID -TEX DIVISION REVISION NO: 0 RATE SCHEDULE: I — INDUSTRIAL SALES APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 PAGE: 26 Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19845 MID -TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/01/2008 i PAGE: 27 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid -Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 425.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.2733 per MMBtu Next 3,500 MMBtu $ 0.1993 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0427 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Rate Review Mechanism: Commodity Charge includes an amount calculated in accordance with Rider RRM. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Franchise Fees are to be assessed solely to customers within municipal limits. This does not apply to Environs Customers. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION RRC TARIFF NO: 19845 MID -TEX DIVISION REVISION NO: 0 RATE SCHEDULE: T — TRANSPORTATION APPLICABLE TO: Entire Division (except Environs areas and the City of Dallas) EFFECTIVE DATE: 10/0112008 PAGE: 28 Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price Survey." s Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Daily in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID -TEX DIVISION REVISION NO: 0 RIDER: GCR — GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/0112008 PAGE: 40 Applicable to Rate R, Rate C, and Rate I for all gas sales made by Company, and applicable to Rate R, Rate C, Rate I, and Rate T for recovery of Pipeline System costs. The total gas cost recovery amount due is determined by adding the gas cost calculated in Section (a) below and the pipeline cost calculated in Section (b) below. The amount due for gas cost (Section (a)) is determined by multiplying the Gas Cost Recovery Factor (GCRF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on a Mcf basis. For Customers receiving service under Rate I, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. The amount due for pipeline cost (Section (b)) is determined by multiplying the Pipeline Cost Factor (PCF) by the Customer's monthly volume. For Customers receiving service under Rate R and Rate C, monthly volume will be calculated on an Mcf basis. For Customers receiving service under Rate I and Rate T, monthly volume will be calculated on an MMBtu basis and the quantities will be adjusted as necessary to recover actual gas costs. (a) Gas Cost Method of Calculation The monthly gas cost adjustment is calculated by the application of a Gas Cost Recovery Factor (GCRF), as determined with the following formula: GCRF = Estimated Gas Cost Factor (EGCF) + Reconciliation Factor (RF) + Taxes (TXS) EGCF = Estimated cost of gas, including lost and unaccounted for gas attributed to residential, commercial, and industrial sales, and any reconciliation balance of unrecovered gas costs, divided by the estimated total residential, commercial, and industrial sales. Lost and unaccounted for gas is limited to 5 %. RF = Calculated by dividing the difference between the Actual Gas Cost Incurred, inclusive of interest over the preceding twelve -month period ended June 30 and the Actual Gas Cost Billed over that same twelve -month period by the estimated total residential, commercial, and industrial sales for the succeeding October through June billing months. The interest rate to be used is the annual interest rate published by the PUC every December. The interest rate of 2008 is 4.69 %. Actual Gas Cost Incurred = The sum of the costs booked in Atmos Energy Corp., Mid -Tex Division account numbers 800 through 813 and 858 of the FERC Uniform System of Accounts, including the net impact of injecting and withdrawing gas from storage. Also includes a credit or debit for any out -of- period adjustments or unusual or nonrecurring costs typically considered gas costs and a credit for amounts received as Imbalance Fees or Curtailment Overpull Fees. Actual Gas Cost Billed = EGCF multiplied by the monthly volumes billed to Residential, Commercial and Industrial Sales customers, less the total amount of gas cost determined to have been uncollectible and written off which remain unpaid for each month of the reconciliation period. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID -TEX DIVISION REVISION NO: 0 RIDER: GCR — GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 41 Any amount remaining in the reconciliation balance after the conclusion of the period of i amortization will be maintained in the reconciliation balance and included in the collection of the next RF. Atmos Energy shall file annual reports with the Commission, providing by month the following amounts: Gas Cost Written Off. Margin Written Off, Tax and Other Written Off, Total Written Off, i Gas Cost Collected and Margin Collected. TXS = Any statutorily imposed assessments or taxes applicable to the purchase of gas divided by the estimated total residential, commercial, and industrial sales. ADJ = Any surcharge or refund ordered by a regulatory authority, inclusive of interest, divided by the estimated total residential, commercial, and industrial sales is to be included as a separate line item surcharge. (b) Pipeline Cost Method of Calculation Each month, a Pipeline Cost Factor (PCF) is calculated separately for each Pipeline Cost Rate Class listed below. The formula for the PCF is: PCF = PP / S, where: PP = (P - A) x D, where: P = Estimated monthly cost of pipeline service calculated pursuant to Rate CGS D = Pipeline service allocation factor for the rate class as approved in the Company's most recent rate case, as follows: Pipeline Cost Rate Class Allocation Factor D Rate R - Residential Service .634698 Rate C - Commercial Service .302824 Rate 1 - Industrial Service and Rate T - Transportation Service .062478 A = Adjustment applied in the current month to correct for the difference between the actual and estimated pipeline cost revenue of the second preceding month, calculated by the formula: A = R - (C - A2), where: R = Actual revenue received from the application of the PP component in the second preceding month. C = Actual pipeline costs for the second preceding month. A2 = The adjustment (A) applied to the PP component in the second preceding month. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID -TEX DIVISION REVISION NO: 0 RIDER: GCR — GAS COST RECOVERY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 42 S = Estimated Mcf or MMBtu for the rate class for the current billing month. The PCF is calculated to the nearest 0.0001 cent. The Pipeline Cost to be billed is determined by multiplying the Mcf or MMBtu used by the appropriate PCF. The Pipeline Cost is determined to the nearest whole cent. i Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID -TEX DIVISION RIDER: CEE — CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 Purpose REVISION NO: 0 PAGE: 58 Atmos Energy Mid -Tex is proposing to institute a complete Conservation & Energy Efficiency program which will offer assistance to qualified customer segments in reducing energy consumption and lowering energy utility bills. The proposal is one where Atmos Energy shareholders will fund a percentage of the allowable expenses incurred annually, with a customer rate component providing the remainder of the funding. Following is a high - level, concept summary of the proposal. Atmos Energy Mid -Tex Division proposes to work with the communities it serves to develop the details of a new tariff and programs addressing conservation and energy efficiency. Synopsis: Voucher system to provide free energy savings materials and supplies to qualifying customers of Atmos Mid -Tex. Qualified Customers will receive up to two hundred dollars ($200.00) worth of caulking, weather- stripping, sheathing, sealing, water heater blankets, and like materials, other energy saving devices such as clock - thermostats, set -back devices ( "covered items ") from approved suppliers / retailers. Company will undertake efforts to enlist support from community groups, including its own Employee Action Program, to assist customers with installation. If it is determined that professional installation capabilities are necessary, the parties will agree on labor assistance amounts. Eligibility Low Income — Low - income rate - payers that qualify for heating bill assistance through LIHEAP agencies and all agencies that distribute Atmos "Share the Warmth" funds. Agencies that allocate assistance funds denote customer as Low Income, a status that lasts for one year. Senior Citizen — Primary account holder can request eligibility through ATM call center or web - site. Customer provides primary SSN which is verified through Social Security Administration. And account j holder that is or turns 65 years old in that year becomes eligible. j Fundin Initial program funding will be at two million dollars ($2,000,000). Atmos Energy shareholders will contribute one million dollars ($1,000,000.00) to this initiative annually with ratepayers providing one million dollars ($1,000,000.00) per year. It is proposed that the program operate on an October 1 through September 30 year, with benefits being capped at the two million dollar level for the initial program period. Administration: A third -party administrator will coordinate qualification of customers, voucher distribution, subsequent verification and reimbursement of eligible expenditures and general program administration. Program administration expenses will be funded from the annual approved budget. Audits will be provided all interested parties within 120 days of the end of each program year to determine effectiveness. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID -TEX DIVISION REVISION NO: 0 RIDER: CEE — CONSERVATION & ENERGY EFFICIENCY APPLICABLE TO: Entire Division EFFECTIVE DATE: 10/01/2008 PAGE: 59 Report Atmos shall file an annual report detailing cost to administer the program with details of the amounts paid out of program for energy conversation assistance. The report shall also detail number of applicants, number rejected and accepted and reason rejected. The report shall be filed with the Gas Service Director. Issued By: David J. Park Vice President, Rates and Regulatory Affairs Date Issued: 08/13/2008 ATTACHMENT A ATMOS ENERGY CORPORATION MID -TEX DIVISION RIDER: FF — FRANCHISE FEE ADJUSTMENT APPLICABLE TO: Entire Division EFFECTIVE DATE: 10101/2008 REVISION NO: 0 PAGE: 43 Application Applicable to Customers inside the corporate limits of an incorporated municipality that imposes a municipal franchise fee upon Company for the Gas Service provided to Customer. Franchise Fees to be assessed solely to customers within the municipal limits. This does not apply to Environs customers. Monthly Adjustment Company will adjust Customer's bill each month in an amount equal to the municipal franchise fees payable for the Gas Service provided to Customer by Company. Municipal franchise fees are determined by each municipality's franchise ordinance. Each municipality's franchise ordinance will specify the percentage and applicability of franchise fees. From time to time, Company will make further adjustments to Customer's bill to account for any over- or under - recovery of municipal franchise fees by Company. Issued By: David J. Park Date Issued: 08/13/2008 Vice President, Rates and Regulatory Affairs ATTACHMENT A TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., MID -TEX DIVISION RIDER: Rider WNA — Weather Normalization Adjustment APPLICABLE TO: Entire System (except Environs areas and the City of Dallas) REVISION: DATE: EFFECTIVE DATE: 1110112008 PAGE: 1 OF 2 RIDER WNA - Weather Normalization Adiustment Provisions for Adiustment The base rate per Mcf (1,000,000 Btu) for gas service set forth in any Rate Schedules utilized by the cities of the Mid -Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount Is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential, and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one - hundredth cent per Mcf by the following formula: WNAFi - = Ri (HSFi x (NDD -ADD) ) (BLi + (HSFi x ADD) ) Where i = any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Mcf Ri = base rate of temperature sensitive sales for the ith schedule or classification approved by the entity exercising original jurisdiction. HSFi = heat sensitive factor for the ith schedule or classification calculated as the slope of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. NDD = billing cycle normal heating degree days calculated as the simple ten -year average of actual heating degree days. ADD = billing cycle actual heating degree days. Bli = base load sales for the ith schedule or classification calculated as the y- intercept of the linear regression of average sales per bill (Mcf) and actual heating degree days by month for the test year by schedule or classification and weather station as part of the RRM filing. The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAj = WNAFi x qg ATTACHMENT A TARIFF FOR GAS SERVICE ATMOS ENERGY CORP., IIAIM TCY r%1 %1101Ak1 RATE SCHEDULE: Rate WNA - Weather Normalization Adjustment APPLICABLE TO: Entire System (except Environs areas and the City of Dallas) REVISION: DATE: EFFECTIVE DATE: 11/01/2008 PAGE: 2 OF 2 Where qn is the relevant sales quantity for the jth customer in ith rate schedule. Filings with Entities Exercising Original Jurisdiction As part of its annual RRM filing the Company will file (a) a copy of each computation of the Weather Normalization Adjustment Factor, (b) a schedule showing the effective date of each such Weather Normalization Adjustment, (c) a schedule showing the factors of values used in calculating such Weather Normalization Adjustment and (d) a random sample and audit of thirty (30) actual customer bills, with customer information deleted, for each rate schedule or classification to which the WNA was applied in the preceding 12 month period. To the extent that source data is needed to audit the WNA application, such data will be provided by the Company as part of the annual RRM filing. If the RRM is discontinued, as provided in the Rider RRM tariff, the information required herein to be filed with the entities exercising original jurisdiction shall be filed on March 1 of each year. Base Use /Heat Sensitivity (HSF) Factors Residential Commercial Base use HSF Base use HSF Waathar Station Mrf Mrf /Hnn Mrf NArf /pnn ^^ Abilene 1.27 .0130 10.93 .0638 Austin 1.29 .0133 18.47 .0641 Dallas 1.79 .0186 20.83 .0878 Waco 1.30 .0141 11.41 .0617 _ ~Wichita Falls 1.35 .0143 11.62 .0540 Sample WNAFI Calculation: (.0131 x (30 -17) ) .1533 per Mcf = 1.2267 x (1.14 + (.0131 x 17) ) Where i - Residential Single Block Rate Schedule Ri = 1.2267 per MCF (Rate R - Final Order GUD No. 9670) HSFi = .0131 (Residential - Abilene Area) NDD = 30 HDD (Simple ten -year average of Actual HDD for Abilene Area - 9/15/06 -10/14/06) ADD = 17 HDD (Actual HDD for Abilene Area - 9/15/06 - 10/14/06) BI-i = 1.14 Mcf (Residential - Abilene Area) ATTACHMENT B ATMOS ENERGY CORP., MID -TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate R 1 Rate Characteristics: 2 Customer Charge $7.00 3 4 Consumption Charge ($ /Mcf) $2.1600 5 2007 RRM True -up ($ /Mcf) $0.0810 6 Rider GCR Part A $8.1244 7 Rider GCR Part B $0.6243 8 9 Billing Units (1): 10 Bills 17,069,679 11 Total MCF 78,708,921 12 13 Proposed Revenue: 14 Customer Charge $ 119,487,753 15 Consumption Charge 176,385,175 16 Base Revenue $ 295,872,928 17 Rider GCR Part A 639,460,135 18 Rider GCR Part B 49,140,231 19 Subtotal $ 984,473,295 20 Revenue Related Taxes 59,244,614 21 22 Total Proposed Revenue- Rate R $ 1,043,717,909 23 24 Note 1: See Billing Determinants Study for details. RRM Settlement Agreement, Pg 2, Item 5 Settlement Allocation Settlement Allocation Schedule H Schedule I WP—J-1.1 WP_J -1.1 ATTACHMENT B ATMOS ENERGY CORP., MID -TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) Rate C 1 Rate Characteristics: 2 Customer Charge $13.50 3 4 Consumption Charge ($ /Mcf) $0.9442 5 2007 RRM True -up ($ /Mcf) $0.0367 6 Rider GCR Part A $8.1244 7 Rider GCR Part B $0.5228 8 9 Billing Units (1): 10 Bills 1,434,516 11 Total MCF 50,233,642 12 13 Proposed Revenue: 14 Customer Charge $ 19,365,966 15 Consumption Charge 49,273,373 16 Base Revenue $ 68,639,339 17 Rider GCR Part A 408,116,524 18 Rider GCR Part B 26,261,046 19 Subtotal $ 503,016,909 20 Revenue Related Taxes 30,271,052 21 22 Total Proposed Revenue- Rate C $ 533,287,962 23 24 Note 1: See Billing Determinants Study for details. RRM Settlement Agreement, Pg 2, Item 5 Settlement Allocation Settlement Allocation Schedule H Schedule I WP—J-1.2 WP—J-1.2 ATTACHMENT B 40 41 Note 1: See Billing Determinants Study for details. ATMOS ENERGY CORP., MID -TEX DIVISION SUMMARY PROOF OF REVENUE AT PROPOSED RATES TEST YEAR ENDING DECEMBER 31, 2007 Line Description Total Reference (a) (b) (c) i Rate I ST I 1 Rate Characteristics: 2 Customer Charge $ 425.00 Settlement Allocation 3 4 Block 1 ($ /MMBTU) $0.2352 Settlement Allocation 5 Block 2 ($ /MMBTU) $0.1715 Settlement Allocation 6 Block 3 ($ /MMBTU) $0.0367 Settlement Allocation 7 2007 RRM True -up ($ /MMBTU): Settlement Allocation 8 Block 1 ($ /MMBTU) $0.0381 9 Block 2 ($ /MMBTU) $0.0278 10 Block 3 ($ /MMBTU) $0.0060 11 Rider GCR Part A $8.1244 Schedule H 12 Rider GCR Part B $0.2938 Schedule 1 13 14 Consumption Characteristics: 15 Block 1 (First 1,500 MMBTU) 0.23502 (1y 16 Block 2 (Next 3,500 MMBTU) 0.26655 (1y 17 Block 3 (Over 5,000 MMBTU) 0.49843 (1y 18 19 Billing Units (1): 20 Bills 10,052 WP_J -1 21 Block 1 9,522,217 WP_J -1 22 Block 2 10,799,921 WP_J -1 23 Block 3 20,195,218 WP J-1 24 Total MMBTU 40,517,356 i 25 26 Sales Volumes 2,331,063 WP J-1 27 28 Proposed Revenue: 29 Customer Charge $ 4,272,100 30 Block 1 2,602,422 31 Block 2 2,152,424 i 32 Block 3 862,336 33 Base Revenue $ 9,889,282 34 Rider GCR Part A 18,494,542 35 Rider GCR Part B 11,902,411 36 Subtotal $ 40,286,235 37 Revenue Related Taxes 2,424,385 38 39 Total Proposed Revenue- Rate I &T $ 42,710,620 40 41 Note 1: See Billing Determinants Study for details. CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 9 -8 -2008 Agenda No. F.3 Subject: GN 2008 -087 Approve Resolutions for Submission to the 2008 TML Resolutions Committee This item is to request approval of Resolutions to be submitted to the TML Resolutions Committee for consideration. These resolutions will be discussed at the work session on Monday night. Staff presents two resolutions for Council consideration. The first resolution is support for joint city tax increment financing districts for revitalization of development corridors along city limit boundaries. The second is a resolution supporting the City of Dish resolution to encourage legislation to confer regulatory authority upon municipalities over intra -state gas utilities to safeguard the interests of the public and the long term economic viability of private property. A copy of each of these resolutions is attached. Resolutions are due to TML headquarters no later than September 15, 2008. All resolutions must also include a TML Resolution Cover Sheet. No resolution can be considered by the TML Resolutions Committee unless it has prior approval of the governing body of a TML member city. The city is encouraged to send a representative to the Resolutions Committee meeting being held at 2:00 p.m. on Tuesday, October 28, 2008 to explain the resolution. Staff will plan to attend and present these; however, if one of the Council members can do that, it would be good. A number of items the city is interested in have already been included in TML sub- committee recommendations and therefore do not need to be submitted by us. However, if during the work session Council has additional resolutions you would like staff to submit, we will prepare these resolutions to be included along with the two mentioned in this coversheet. If approved, we will forward the Resolutions to TML for their consideration. As soon as we learn what TML's position is on these Resolutions we will begin working with Representative Kelly Hancock to gain his support. Recommendation: Approve the attached resolutions to be submitted to the TML Resolutions Committee for consideration. Approve additional Council recommendations also be submitted to TML, if additional items are recommended by Council during the Work Session. TML Resolution Cover Sheet Joint City Tax Increment Financing Districts for Revitalization of Development Corridors along city limit boundaries Sponsoring Entity: City of North Richland Hills Brief Background: Cities throughout the state are trying to promote and revitalize development corridors that have been important in the initial image and development of a community. Businesses, churches, schools, retailers and major industries have traditionally located on these major corridors and have provided needed sales and property tax growth for the proper development of many cities. In an effort to revitalize aging business and historic corridors along major thoroughfares, cities are looking at ways to fund needed public infrastructure improvements to stimulate private reinvestment and revitalize these significant development corridors. Many cities are seeking tax increment financing districts (TIF's) to provide a mechanism for funding needed public improvements in these areas. In many cases city limit lines fall directly adjacent to major thoroughfares and cities are seeking ways to provide equal development opportunities and a level playing field for revitalization of both sides of a major development corridor. Current state law prohibits neighboring cities from participating in joint tax increment financing districts. Legislation is needed to allow cities with contiguous city limits along major redevelopment corridors to participate in joint tax increment financing districts in order to coordinate public improvements and revitalize redevelopment corridors. What the Resolution is Intended to Accomplish: Legislation is necessary to allow adjoining cities where city limits fall along redevelopment corridors to participate in joint tax increment financing districts in order to coordinate public improvements for needed revitalization. How the Resolution is City - Related /How it Addresses a Municipal Issue: Allows needed options for funding public improvements for neighboring cities to jointly participate in the revitalization of important redevelopment corridors. Statewide Importance: Allows cities throughout the state to participate in joint funding for public improvements to revitalize important redevelopment corridors. Submitted by: Name: Oscar Trevino Title: Mayor City: City of North Richland Hills Telephone: (817) 427 -6000 A RESOLUTION SUPPORTING LEGISLATION ALLOWING CITIES TO PARTICIPATE IN JOINT TAX INCREMENT FINANCING DISTRICTS WHEREAS, cities throughout the state are trying to promote and revitalize development corridors that have been important in the initial image and development of a community; and WHEREAS, businesses, churches, schools, retailers and major industries have traditionally located on major corridors and have provided needed sales and property tax growth for the proper development of many cities; and WHEREAS, cities are looking for ways to fund needed public infrastructure improvements to stimulate private reinvestment and revitalize significant development corridors; and WHEREAS, many cities are seeking tax increment financing districts (TIF's) to provide a mechanism for funding needed public improvements along major redevelopment corridors; and WHEREAS, in many cases city limit lines fall directly adjacent to major thoroughfares and cities are seeking ways to provide equal development opportunities and a level playing field for revitalization of both sides of a major development corridor; and WHEREAS, current state law prohibits neighboring cities from participating in joint tax increment financing districts and legislation is needed to allow cities with contiguous city limits along major redevelopment corridors to participate in joint tax increment financing districts in order to coordinate public improvements and revitalize redevelopment corridors; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2008 Annual Conference of the Texas Municipal League that the League support legislation amending the Tax Increment Financing District Code to allow multiple cities to participate in joint tax increment financing districts. PASSED AND APPROVED by the membership of the Texas Municipal League this day of , 2008, at Austin, Texas. APPROVED: President ATTEST: Frank Sturzl, Executive Director TML Resolution Cover Sheet Greater Local Oversight of Intra -State Gas Utilities Sponsoring Entity: City of North Richland Hills support of City of Dish resolution Brief Background: Cities throughout the state are trying to deal with redundant gas pipelines crossing through communities and threatening opportunities for future economic growth. Current legislation allows for intra -state "midstream" gas utilities with eminent domain authority and provides that they are not required to notify the municipality of pipeline installation. Midstream gas companies typically transport natural gas for the benefit of the production companies that they are affiliated with and also refuse to collaborate in the coordination or utilization of other producers' pipelines. These midstream gas companies typically take the shortest and least expensive route, not taking into consideration the comprehensive plans set by the municipality. What the Resolution is Intended to Accomplish: Support of City of Dish resolution to encourage legislation to confer regulatory authority upon municipalities over intra- state gas utilities to safeguard the interests of the public and the long term economic viability of private property. How the Resolution is City - Related /How it Addresses a Municipal Issue: Allows local regulatory authority upon municipalities over intra -state gas utilities to safeguard the interests of the public and the long term economic viability of private property. Statewide Importance: Allows cities throughout the state to support comprehensive plans that safeguard the long term value and economic viability of private property. Submitted by: Name: Oscar Trevino Title: Mayor City: City of North Richland Hills Telephone: (817) 427 -6000 A RESOLUTION OPPOSING THE CONTINUED PREEMPTION OF MUNICIPAL REGULATION OF CERTAIN INTRA -STATE GAS UTILITIES; URGING LEGISLATIVE ACTION TO PERMIT GREATER LOCAL REGULATORY OVERSIGHT WHEREAS, cities throughout the state have been created in accordance with the provisions of Chapter 8 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the Legislature has vested regulatory authority in the State and has largely preempted the local regulation of so- called "midstream" intra -state natural gas pipeline utilities ( "gas utilities ") on the basis that such companies are affected with a public interest; and WHEREAS, the preemption of local regulation constrains the ability of the public to participate through their locally elected officials to tailor policies to meet their needs and demands; and WHEREAS, with the recent development of mineral reserves within the Barnett Shale, oil and gas operators have become dependant on a comprehensive pipeline infrastructure to deliver the produced hydrocarbons to market; and WHEREAS, in order to ensure the maximum profitability of natural gas production, oil and gas operators have refused to cooperate with unaffiliated third party gas utilities or coordinate pipeline efforts with other producers in the region and instead are each opting to form their own affiliated gas utility company; and WHEREAS, each gas utility company serves not as a public- minded "utility" accepting produced hydrocarbons from "competing" operators but operates exclusively as the alter ego and servant of the utility's affiliated oil and gas operator greatly blurring the line between gas utility and oil and gas operator; and WHEREAS, the numerous gas utilities, frequently managed and exclusively operated by the affiliated oil and gas operators' own employees, work aggressively to install a network of permanent gas lines across private property creating extensive "no- build" zones many dozen feet in width and many miles in length, with little regard for the availability of existing unaffiliated pipelines in the vicinity; and WHEREAS, in order to rapidly accomplish the installation of duplicative and redundant pipeline networks, local citizens and business owners are quickly threatened with eminent domain proceedings by the gas utilities and are intimidated into executing one - sided permanent easements for nominal consideration; and WHEREAS, the proliferation of duplicative and redundant pipeline networks, installed with regard only for the shortest and most cost - effective route, causes the unnecessary fragmentation of land and the creation of unusable slivers, chipping away at the long term economic potential of the land; and WHEREAS, municipalities, rendered virtually ineffective by the preemption language of 121.202 of the Texas Utilities Code, are unable to respond to the plight of their constituent citizens and business owners and are without the necessary authority to safeguard the long -term economic viability of the region. NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2008 Annual Conference of the Texas Municipal League that the League support legislation to revisit the prudence and continued appropriateness of preempting municipalities from regulating the practices of midstream gas utilities and respectfully requests that the Legislature confer additional regulatory authority upon municipalities over the activities described herein in order to safeguard the interests of the public and the long term economic viability of private property. PASSED AND APPROVED by the membership of the Texas Municipal League this _ day of , 2008, at Austin, Texas. APPROVED: President ATTEST: Frank Sturzl Executive Director CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 9 -8 -2008 Presented by: Mark Mills Agenda No. F.4 Subject: GN 2008 -088 Adopting the 2007/2008 Revised Budget and 2008/2009 Proposed Budget - Ordinance No. 3016 The proposed budget for 2008/2009 was filed with the City Secretary's office on July 28, 2008. The proposed budget was also available at the NRH Public Library and on the City website. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 2008/2009 General Fund budget is based on the 57¢ tax rate which is the existing rate for the current fiscal year. Revisions to the 2007/2008 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are: The Budgeted Capital Projects Expenditures are: 2007/2008 2008/2009 Fund Revised Proposed General Fund $3810621276 $38,983,678 Debt Service Fund 8,417,960 817141906 Parks & Recreation Fund 5,612,974 519141550 Crime Control District 4,935,627 419077318 Promotional Fund 2411101 228,567 Donations Fund 145,441 230,274 Special Investigation Fund 5411831 6271021 Drainage Utility Fund 698,766 3541198 Gas Development Fund 6081888 0 Traffic Safety Fund 775,976 8371661 Utility Fund 243093,727 25,937,258 Aquatic Park Fund 41665,326 4,915,456 Golf Course Fund 2,436,014 215311121 The Budgeted Capital Projects Expenditures are: 55, 976, 558 2008/2009 Fund Proposed Street & Sidewalk Projects $24,681,557 Drainage Projects 111101000 Utility Projects 772157205 Parks & Recreation Projects 11893,757 Aquatic Park Projects 27385,000 Municipal Facility Projects 127277,980 Major Capital Equipment Program 21514,828 Economic Development Projects 3,292,920 CIP Personnel- Operating Overhead Costs 6051311 55, 976, 558 The City of North Richland Hills Crime Control and Prevention District Board of Directors conducted a budget work session on August 1 -2, 2008 to review the 2007/2008 Revised Budget and the 2008/2009 Proposed Budget. The Board met and held a public hearing August 26, 2008 prior to the City Council meeting. The Board recommended that City Council approve and adopt both the revised and proposed budgets. As required by law, all legal notices were published. The Park and Recreation Facilities Development Corporation Board of Directors met on August 19, 2008 to review the Proposed 2008/2009 Operating and Capital Budgets. The Board conducted a public hearing prior to the City Council meeting on August 26, 2008. The Board approved the Proposed 2008/2009 Operating and Capital Budgets and recommended City Council adoption. As required by law, all legal notices were published. The City of North Richland Hills City Council conducted a budget work session on August 1 -2, 2008 to review the 2007/2008 Revised Budget and the 2008/2009 Proposed Budget for all funds. The Council met and held a public hearing August 26, 2008 at the City Council Meeting for public comment on the budget. As required by law, all legal notices were published. Per House Bill 3195 from the 80th Texas Legislative Session, it is now necessary to state the increase in property tax revenue no matter the cause; whether the increase is based on increased property values, new construction or an increased tax rate. The proposed property tax rate has remained the same but due to new construction and increased values of existing property, proposed property tax revenue will increase over fiscal year 2007/2008. The new language prescribed by the legislation is as follows: This budget will raise more total property taxes than last year's budget by $1,044,385 or 5.18 %, and of that amount $601,306 is tax revenue to be raised from new property added to the tax roll this year. In addition, this legislation requires that the governing body ratify the property tax increase reflected in the adopted budget. The vote to ratify this property tax increase must be in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. The ratification of the property tax increase will follow this Council action adopting the budget. As mentioned above detailed copies of the proposed budget are on file with the City Secretary's office, in the Library, and on the City's website. In addition they were provided in the agenda materials for the budget hearing August 26. All of these sources are still available for public inspection and review. Recommendation: Approve Ordinance No. 3016 adopting the 2008/2009 Budget for all funds and the revisions to the 2007/2008 Budget for all funds. N iZH ORDINANCE NO. 3016 AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009, FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS; ADOPTING THE AMENDED BUDGET FOR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008, AND PROVIDING FOR INVESTMENTS AND TRANSFERS. WHEREAS, in accordance with Section 102.001, et seq., TEX. Loc. GOVT CODE, the City Manager submitted to the City Council a budget for 2008/2009, and the Council determined that a public hearing should be held at a time and place which was set forth in a notice published as required by law; and, WHEREAS, such public hearing on the budget was duly held on August 26, 2008, and all taxpayers were given an opportunity to attend and participate in such public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the budget for the City of North Richland Hills, Texas, for the fiscal year beginning October 1, 2008, and ending September 30, 2009, in words and figures as shown therein, is adopted and approved as filed herewith. A copy of the approved budget shall be filed with the City Secretary. SECTION 2. THAT the City Manager be and is hereby authorized to make inter- departmental and inter -fund transfers during the fiscal year as deemed necessary in order to avoid over - expenditure of particular accounts. SECTION 3. THAT the City Manager or his designee be and is hereby authorized to invest any funds not needed for current use in any lawful manner. Interest accrued from investments shall be deposited to the interest income account of the funds from which the principal was invested. SECTION 4. THAT the amended budget for the City of North Richland Hills for the fiscal year beginning October 1, 2007, and ending September 30, 2008, filed herewith is hereby adopted and approved. A copy of the amended budget shall be filed with the City Secretary. PASSED AND APPROVED on this the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 9 -8 -2008 Presented by: Mark Mills Agenda No. F.5 Subject: GN 2008 -089 Ratify Increase in Property Tax Revenues Reflected in 2008/2009 Adopted Budget Per House Bill 3195 from the 80th Texas Legislative Session, it is necessary to state the increase in property tax revenue no matter the cause; whether the increase is based on increased property values, new construction or an increased tax rate. The proposed property tax rate has remained the same but due to new construction and increased values of existing property, proposed property tax revenue for fiscal year 2008/2009 will increase over fiscal year 2007/2008. The new language prescribed by the legislation is as follows: This budget will raise more total property taxes than last year's budget by $1,044,385 or 5.18 %, and of that amount $601,306 is tax revenue to be raised from new property added to the tax roll this year. The new language has been included in the cover sheet of the proposed budget document and in the published notice of public hearing. The new language will also be included in the final budget document upon Council approval. In addition, this legislation requires that the governing body ratify the property tax increase reflected in the adopted budget. The vote to ratify this property tax increase must be in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Recommendation: Ratify increase in property tax revenues reflected in the fiscal year 2008/2009 Adopted Budget by the following motion, "I move to ratify the increase in property tax revenues reflected in the budget." CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 9 -8 -2008 Presented by: Mark Mills Agenda No. F.6 Subject: GN 2008 -090 Adopt the Tax Rate for Tax Year 2008 - Ordinance No. 3017 The notice of effective tax rate was published in the Star Telegram newspaper on August 7, 2008; the notice of public hearing on the tax increase, on August 13, 2008; and the notice of vote on the tax rate, on August 27, 2008 and September 3, 2008 all in accordance with State law. In addition, the notice of public hearing on the tax increase and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The proposed 2008/2009 tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the sixteenth year with a 57¢ tax rate. The proposed rate of 57¢ is an increase of 1.233% over the effective tax rate of 56.3058¢. The proposed rate of 57¢ is broken down into two parts as follows: 33.8753¢ for the purposes of maintenance and operations 23.1247¢ for the payment of principal and interest on debt of the City Adoption of Ordinance No. 3017 would set the tax rate for fiscal year 2008/2009 at 57¢ per $100 valuation. Recommendation: State law requires the following motion to approve the tax rate: "I move that property taxes be increased by the adoption of a tax rate of 57 cents per $100 valuation ", and adopt Ordinance No. 3017. N iZH ORDINANCE NO. 3017 AN ORDINANCE SETTING THE TAX RATE FOR THE CITY OF NORTH RICHLAND HILLS FOR THE 2008/2009 TAX YEAR. WHEREAS, the City of North Richland Hills has followed the procedures established by the Property Tax Code, including the publishing and posting of required notices and the holding of required public hearings; and, WHEREAS, the City Council has approved separately each of the two components of the tax rate hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT there shall be and there is hereby levied the following taxes on each One Hundred Dollars ($100.00) of valuation on all taxable property within the City of North Richland Hills, Texas, to be assessed and collected for the year 2008/2009 for the purposes hereinafter stipulated, to -wit: (a) For operations and maintenance levied on the $100.00 valuation: $0.338753; and (b) For the interest and sinking fund levied on the $100.00 valuation: $0.231247. TOTAL: $0.570000 Section 2: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $11.14. PASSED AND APPROVED on this the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS 0 ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 9 -8 -2008 Presented by: Mark Mills Agenda No. F.7 Subject: GN 2008 -091 Approval and Ratification of 2008 Certified Tax Roll - Resolution No. 2008 -051 Tarrant Appraisal District has provided the City with the 2008 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value losses. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified values for the City of North Richland Hills are $3,759,485,131. This is the amount used to calculate the effective tax rate and property tax revenues for the fiscal year 2008/2009 budget. It is recommended the certified tax roll be accepted and ratified by the City Council. Recommendation: Approve Resolution 2008 -051. FISCAL YEAR 2008 -2009 SCHEDULE 4 - SUMMARY OF PROPERTY TAX REVENUE AND DISTRIBUTION NET TAXABLE VALUE: $3,759,485,131 Total Appraised Value as of July 25, 2008 $ 4,016,984,859 Less Exemptions: $21,429,065 Disabled Veteran $ (3,637,414) Over 65 $ (115,278,621) Homestead $ (316,482,847) Disabled Persons $ (9,598,910) Less: Personal Property Nominal Value Loss 0 Prorated Absolute % of Total (803) Agricultural Value Loss $ (6,462,428) Freeport Inventory Value Loss $ (278,361) Pollution Control /Prorated Absolute $ (238,634) Total Reduction to Values TOTAL DISTRIBUTION OF TAX RATE ($451,978,018) Add: Estimated Minimum ARB protested values $ 175,694,936 Incomplete Property $ 18,783,354 NET TAXABLE VALUE Transfer to Debt Service Fund $3,759,485,131 ESTIMATED PROPERTY TAX COLLECTIONS: Net Taxable Value $3,759,485,131 Proposed Tax Rate per $100 Valuation $0.57 Estimated Total Tax Levy at 100% Collection $21,429,065 Less Estimated 1% for Uncollectables (214,291) Less TIF Transfer (1,329,060) Less Debt Service Transfer (6,322,088) TOTAL ESTIMATED PROPERTY TAX COLLECTIONS(Operations) 99% $13,563,627 % of Total Tax Rate TAX RATE DISTRIBUTION SCHEDULE: Tax Rate Distribution General Fund - Maintenance & Operations 59.4% $0.338753 Debt Service Fund and TIFs 40.6% $0.231247 TOTAL DISTRIBUTION OF TAX RATE 100% $0.57000 100% Projected DISTRIBUTION OF ESTIMATED TAX REVENUE: Collection Collection Transfer to Debt Service Fund 7,651,148 7,651,148 General Fund - Maintenance & Operations 13,777,917 13,563,627 TOTAL ESTIMATED TAX REVENUE $21,429,065 $21,214,775 10 NfiZH RESOLUTION NO. 2008 -051 WHEREAS, the City Council of the City of North Richland Hills, Texas received the Ad Valorem Tax Rolls for the year 2008 from Tarrant Appraisal District in the amount of net taxable value of $3,759,485,131 including minimum value of properties pending disposition before Appraisal Review Board and the estimated net taxable of incomplete properties; and WHEREAS, the City Council studied said Tax Rolls and approved same on September 8, 2008. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the approval of said Tax Rolls received from Tarrant Appraisal District in July 2008, be and is hereby ratified and said Tax Rolls shall collectively be considered the Tax Roll of this City for 2008 and it is hereby in all things adopted and approved. PASSED AND APPROVED this the 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Larry Koonce Council Meeting Date: 9 -8 -2008 Agenda No. F.8 Subject: GN 2008 -092 Approve Ambulance Rate Revisions - Ordinance No. 3018 The North Richland Hills EMS ambulance service is a high performance system that exceeds the levels of service typically found in the Dallas /Fort Worth area. That assessment is based upon a number of factors including response times, level of EMS skills provided, and the capabilities of our local hospital (North Hills Hospital is a Cycle II Chest Pain Center). The NRH EMS was recently selected by the International Association of Fire Chiefs (IAFC) as the recipient of the 2008 IAFC Fire Service Award for Excellence in recognition of our Cardiac Cath Lab Activation Program. This high level of EMS service is extremely beneficial to all residents and non - residents who live, work, and play in North Richland Hills. The City of North Richland Hills has established base fees for ambulance service in the City for both residents and non - residents. EMS ambulance service fees are set by Council and reviewed and adjusted periodically based on the Consumer Price Index. For the last several years the CPI adjustments have not kept pace with the rising costs of health care in general, and the operating costs for EMS ambulance service specifically. The Fire Department staff has conducted an ambulance fee survey of EMS providers in our area. The survey indicates that the City of North Richland Hills's base fees need to be increased to bring them in line with the fees charged for similar EMS ambulance services in our region. Staff has reviewed our EMS ambulance fees in North Richland Hills and those of similar systems in our region. The purpose of this study was to develop a proposal to bring the City's ambulance fee structure more in line with those in our region. Staff studied the current fee structure in our region, compared our fees with EMS systems similar to the NRH EMS system, evaluated the current and future funding requirements to maintain a high performance EMS system in our City, and formulated options for Council consideration. The findings for the City of North Richland Hills include the following: • Base rates for residents /non - residents are $363/$495. • Revenue per call for residents /non - residents is $218/298. • Collections average between 60% and 65% of billed ambulance fees. • Cost recovery for resident/non- resident is 27 %/37 %. • Mileage fee is $8.00 per mile. • No charge for treat -no- transport calls. A comparison of the average rates charged by 13 area communities with similar EMS Ambulance services is as follows: • Average base rates for residents /non - residents are $816/$935. • Average mileage fee is $13.00 per mile. • Average treat -no- transport fee is $225. Revising EMS ambulance fees to the average of the comparison communities will cause cost recovery from resident/non- resident fees to increase from 27 %/37% to 60 %/67 %. Nine of the thirteen survey cities charge a fee for "treat -no- transport" calls. A treat -no- transport occurs when treatment is rendered and supplies are used, but the patient is not transported. Good neighbor calls, such as helping someone up who has fallen, do not count as treat -no- transports. NRH EMS has responded to 569 treat -no- transport calls over the last 12 months. The average fee for treat -no- transport calls is $225. NRH does not currently charge for treat -no- transport calls. Eleven of the thirteen survey cities charge a fee for mileage. This is a fee that Medicare permits to be charged by ambulance service providers. The average mileage fee for comparison cities is $13.00 per mile. NRH currently charges $8.00 per mile. Based on these findings, the Fire Department and Finance Department recommend revising the ambulance fee structure as follows. • Set resident base rates to provide 60% cost recovery. The increase in resident base rates to 60% cost recovery will be phased in over a period of four years: o FY 2009 — 36% ($500) o FY 2010 — 44% o FY 2011 — 52% o FY 2012 and thereafter — 60% • Set non - resident base rates to provide 67% cost recovery, which would make the FY 2009 non - resident base rate $935. • Increase the mileage fee to $12.00 per mile. • Establish a treat -no- transport fee of $100. • The consumable supply charge shall remain at cost plus 20 %. • Authorize the Director of Finance to review and adjust the non - resident ambulance fees annually to result in a cost recovery for those non - resident ambulance fees of 67 %. • Authorize the Director of Finance to review and adjust the resident ambulance fees annually to result in a cost recovery for those resident ambulance fees of 60 %. Recommendation: Approve Ordinance No. 3018 NFZH ORDINANCE NO. 3018 AN ORDINANCE AMENDING APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND INCREASING THE AMOUNTS CHARGED FOR AMBULANCE SERVICES. WHEREAS, the ambulance charges levied by the City of North Richland Hills are set by the City Council and reviewed and adjusted periodically based on the Consumer Price Index, and; WHEREAS, for the last several years the Consumer Price Index adjustments have not kept pace with the rising costs of health care in general, and EMS ambulance fees specifically, and; WHEREAS, the cost to the City of North Richland Hills has risen substantially during that time, and the city council desires to implement higher rates over a period of years; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Appendix A of the North Richland Hills Code of Ordinances be amended by amending the charges for Chapter 30, and specifically for Section Section 30 -70, Emergency medical service fees, to read as follows: 1. Resident transport, base rate 2. Non - resident transport, base rate 3. Mileage rate per mile to hospital 4. Treat -no- transport fee 5. Consumables rate ADJUSTMENT FOR COST RECOVERY $500.00 $935.00 $12.00 $100.00 actual cost plus 20% The Director of Finance shall review and adjust resident ambulance fees annually to result in a cost recovery for resident fees of 36% in FY 2009, 44% in FY 20101 52% in FY 2011, and thereafter to result in a cost recovery of 60 %. The Director of Finance shall review and adjust non - resident ambulance fees annually to result in a cost recovery for non - resident fees of 67 %. Section 2: This Ordinance shall be in full force and effect from October 1St, 2008: PASSED AND APPROVED this 8th day of September, 2008. CITY OF NORTH RICHLAND HILLS M ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Andrew A. Jones, Jr., Fire Chief CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -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 Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Welch Subject: Announcements - Councilman Welch Announcements Council Meeting Date: 9 -8 -2008 Agenda No. H.1 Award - winning author and Texas Monthly columnist Sarah Bird will be at the North Richland Hills Public Library on Thursday, September 11 to talk about and read from her new novel "How Perfect is That." This special event will begin at 7 p.m. in the Community Room. Copies of her book will be available for sale and signing at the event. For more details, contact the Library Reference Department at 817 - 427 -6814. Keep NRH Beautiful is recruiting volunteers for the Trash Bash on Saturday, October 4. Neighborhood associations, civic groups, scout troops, student associations and businesses are encouraged to participate. For more information, please call 817- 427 -6651. In a follow up to our August 11th Meeting, JPS Health Systems reports that there were 3,141 visits to its school -based health clinic in Birdville ISD last year. With a value of $105 per visit for service, supplies and medications, that equates to well over $300,000 worth of services provided annually to our community. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Firefigher /Paramedics Brian Martin, Jeff Peterson & Mark Spillman — A letter was received from a citizen thanking Brian, Jeff and Mark for helping his daughter when she had been involved in a major accident on Boulevard 26 near Tarrant County College. He appreciated their quick response and competent, professional attitude. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9 -8 -2008 Presented by: Agenda No. H.2 Subject: Adjournment