HomeMy WebLinkAboutCC 2008-12-22 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, December 22, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008 -132 Update of 2006 International Residential Code (for 1 & 2 Family Dwellings
and the 2006 International Plumbing Code (15 Minutes)
A.3 IR 2008 -134 Briefing on Federal Economic Recovery Effort (10 minutes)
A.4 IR 2008 -133 Update on Completion of City Council Goals and Action Items (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 Section 551.072, Texas Government Code to
deliberate land acquisition for parks - Northeast Sector
C.0 Adjournment
C P_r ifinn inn
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills Texas in compliance wit Chapter 551, Texas
Government Code on December 19, 2008 at 0( :2,2.. 0� kryl .. "_- l /,,
nt Cry 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.
CITY OF NORTH RICHLAND HILLS
CITY COUNCIL AGENDA
CITY HALL COUNCIL CHAMBERS
7301 NORTHEAST LOOP 820
NORTH RICHLAND HILLS, TEXAS
Monday, December 22, 2008
7:00 P.M.
-------------------------------------------------------------------------------------------------------------------------
Copies of the full City Council agenda information packet are accessible prior to every
regularly scheduled Monday Council meeting according to the following locations and
schedule:
• Library on the Friday prior to the meeting (available electronically)
• City Hall on the day of the meeting (hard copy available)
Additionally, the agenda packet is available for download from the City's web site at
www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council
meeting.
A.0 Call to Order - Mayor Pro Tern Turnage
A.1 Invocation - Councilwoman Compton
A.2 Pledge - Councilwoman Compton
A.3 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday Lighting
Awards presented by Councilman Whitson
AA 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 December 8, 2008 City Council Meeting
B.2 PU 2008 -035 Approve the Purchase of Police Package Vehicles to Caldwell Country in
the Amount of $190,767.00.
C.0 PUBLIC HEARINGS
No items for this category.
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.0 PUBLIC WORKS
No items for this category.
F.0 GENERAL ITEMS
F.1 PU 2008 -034 Award of Contract to Workman Commercial Construction Services, Ltd, in
the amount of $1,967,832 for the Construction of the Third Phase Attraction and
Restroom Facility at NRH2O
F.2 GN 2008 -121 Consideration of Adopting the 2006 International Residential Code as
Amended - Ordinance No. 3035
F.3 GN 2008 -122 Consideration of Adopting the 2006 International Plumbing Code as
Amended - Ordinance No. 3036
F.4 GN 2008 -123 Consider acceptance of a Federal Emergency Management Agency
(FEMA), Urban Area Security Initiative (UASI), Law Enforcement Assistant Program
(LEAP) Grant in the amount of $437,860.00 and Amend the Fiscal Year 2008/2009
Capital Projects Budget
F.5 GN 2008 -125 Consider an Amendment to the City Code, Chapter 104: "Gas Well
Drilling and Production" - Ordinance No. 3031
F.6 GN 2008 -124 Approve 2009 State Legislative Program
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 Sapp
H.2 Adjournment
All items on the agenda are for discussion and /or action.
Certification
I do hereby certify that the above notice of meeting of the North Richland Hills City Council was
posted at City Hall, City of North Richland Hills Texas in compliance with Chapter 551, Texas
Government Code on December 19, 2008 at x`-22 a w .
A s sta t City Secretary
This facility is wheelchair accessible and accessible parking spaces are available.
Requests for accommodations or interpretive services must be made 48 hours prior to
this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further
information.
The City Council may confer privately with its attorney to seek legal advice on any matter listed
on the agenda or on any matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with Chapter 551, Texas Government Code.
City of North Richland Hills
City Council Work Session Meeting Agenda
North Richland Hills City Hall Pre - Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, December 22, 2008
5:45 P.M.
A.1 Discuss Items from Regular City Council Meeting
A.2 IR 2008 -132 Update of 2006 International Residential Code (for 1 & 2 Family
Dwellinqs and the 2006 International Plumbing Code (15 Minutes)
A.3 IR 2008 -134 Briefing on Federal Economic Recovery Effort (10 minutes)
A.4 IR 2008 -133 Update on Completion of City Council Goals and Action Items {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 Section 551.072, Texas Government Code to
deliberate land acquisition for parks - Northeast Sector
C.0 Adjournment
CITY OF
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -132
Date: December 22, 2008
Subject: Update of 2006 International Residential Code and 2006
International Plumbing Code
In a continuing effort to meet City Council goals directed at ensuring quality
development, staff is bringing forth consideration of the 2006 International Residential
Code (IRC) and the 2006 International Plumbing Code (IPC). For the past several
years, North Richland Hills has been under the 2000 versions of the IRC and IPC.
This action follows suit with surrounding communities which are also moving towards
the adoption of the 2006 International Codes.
The purpose behind these codes is to update the one and two family construction
provisions of our previous code by accommodating newer products, practices and
other innovations in construction. In general, the codes presented will have minimal
negative impact on the current requirements that architects, engineers, builders and
plumber must meet. In several cases, the new codes are actually easing current
standards due to recent safety studies.
Below is a list of the more substantial changes to the above codes:
Termite Protection:
- If no chemical is applied, then bores, notches and cuts must be field treated.
Treatment must be readily identifiable by the inspector.
- If chemical treatment of the earth or a baiting system is provided, documentation
must be received by the building inspector
- Wood siding, sheathing and wall framing less than 6 inches above the ground
must also be treated wood
- Exterior foam sheathing cannot be used unless the bottom edge is located at
least 6 inches above grade
Exterior Wall Framing
- Exterior walls with ceilings taller than 10 feet will have to follow table R602.3.1.
Exterior walls of a single story home with ceilings taller than 14 feet will be
required to use 2 X 6 studs. Two story homes with ceilings taller than 12 feet
will be required to use 2 X 6
- Fire ratings required when less than 5 feet -0 inches from a property line
- Building paper (or similar product such as Tyvek) is required on all wood framed
homes
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
Windows
- Wired glass no longer permitted in residences
- Windows at least 36 inches above stairs and stair landings are no longer
required to have safety glazing
- Windows must be flashed according to manufacturer's installation instructions
which must be present on the job site.
- Exterior windows located 72 inches above grade must be located a minimum of
24 inches above the interior floor level in order to deter a fall through the glass to
the ground below.
Roofs
Trussed roofs with headroom exceeding 42 inches height and 24 inches wide
must be designed for storage.
Attics allowed to be unventilated when following specific requirements (no attic
floor vapor barriers; use of air - impermeable insulation applied to underside of
roof deck; and a 1 perm or less vapor barrier is applied to the top side of the roof
decking).
Use of rafter ties has been further clarified where ceiling joists a perpendicular to
the roof rafters.
Water Heaters
- When water heaters are installed in attic areas and accessed through a door, the
door must be sold, weather stripped and self - closing.
Gas Pipinq
- For other than steel gas piping, exposed pipe must be identified with a yellow
label marked "Gas ". The marking must be spaced at 5 feet -0 inches intervals.
- Both ends of medium pressure gas lines must be identified with a tag that states
the following: "Warning — 1/2 to 5 psi gas pressure — Do Not Remove"
Electrical
- Combination arc fault breakers required in all bedrooms
- Light and switching required at top and bottom of stairs with six or more rises
Basements
- Basements must have at least one emergency egress opening regardless if the
area is considered a habitable space. Doesn't apply to basements less than 200
SF that only house mechanical equipment
- Emergency escape windows may be installed beneath decks if a minimum of 36
inches of clearance is provided.
Garages
- A landing is no longer required at the top of the stairs leading to a garage
provided the door does not swing over the stair.
Residential Ramps
- When installed, ramps must meet a 1:12 maximum slope
- Elevated ramps exceeding 30 inches in height must have rails that meet the
same requirements as guardrails
Retaining Walls
- Retaining walls taller than 24 inches may not be constructed of wood (local
amendment)
- Retaining walls taller than 36 inches must be designed by an engineer.
Plumbing Code
- Table provided for the calculation of grease trap sizes
- Allows approved grease extractors
- Now requires the use of urinal partitions
- COG amendment mandates the use diaphragm gauges
- Allows a water level monitoring device when HVAC units have no secondary
drain or a means to install an auxiliary drain
- Requires tempered water for public hand washing facilities through an approved
temperature limiting device meeting ASSE 1070 — 110 degrees
- 120 degree temperature limiting devices required in multiple (gang) showers,
bathtubs and whirlpools.
- Coffee machines must be protected against backflow similar to carbonated
beverage machines per ASSE 1022 or an air gap.
- Local amendment prohibiting mechanical vents and air admittance valves in new
construction.
- TCEQ regulations for irrigators have been referenced for adoption in both the
IRC and IPC. Requirements include:
1. Adopt landscape provisions by ordinance.
2. Verify the irrigator designing and installing the system is licensed.
3. Issue permits prior to installation.
4. Verify the design and installation meet TCEQ minimums.
5. Maintain a log of inspections for a period of 3 years.
6. Insure plans are designed & sealed by a licensed irrigator.
7. Spacing of heads not to exceed manufacture's recommendations.
8. Areas less than 48 inches wide containing pavement on two or more sides
may not be sprinkled (area between curb and sidewalk) — drip and soaker
devices only.
9. Sprinkler heads may not be directed over pavement and must be spaced
at least 4 inch from a hardscape (sidewalk, etc.).
10. Rain & freeze sensor required.
11. PVC colored primer required at joints.
12. Isolation valve required.
13. Pipes to be at least 6 inches deep.
14. Backflow device is required. Double check valves still allowed (with
restrictions).
15. Insure irrigator conducts an instructional walk through with owner &
provides him /her a maintenance check list and warranty information.
16. As -built drawing, backflow test certificate, and an installer's affidavit must
be provided to inspector and the owner upon final inspection.
17. Irrigator must place a permanent sticker on the controller that has the
business' contact information and warranty dates.
18. A homeowner is not required to be licensed or to have a plan prepared by
a licensed irrigator. However, must follow same TCEQ rules
19. In addition to a complete regulatory plan review, staff will be conducting a
minimum of two inspections on each installation. One to inspect piping
installation before it is concealed; and a final inspection.
Current permit fee is $36 - Proposing an increase to 100 for residential
systems and 125 for multi - family and commercial systems. This is
consistent with neighboring communities.
By ordinance, the Technical Code Review Committee (NRH's Construction Board of
Appeals) must review and provide their recommendation before a vote of the City
Council. They have convened and have recommended their approval of the codes
along with amendments that include the North Texas Council of Governments regional
amendments to the 2006 I RC and the 2006 I PC.
Staff is planning to bring the 2006 versions of the International Mechanical Code,
International Fuel Gas Code and the Energy Conservation Code to council for adoption
in the near future.
Staff will provide a short presentation during the December 22, 2008 Work Session and
will be available to address any questions.
Respectfully Submitted,
David B. Pendley, AICP, CBO
Chief Building Official
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -134
Date: December 22, 2008
Subject: Briefing on Federal Economic Recovery Effort
As the nation prepares for the presidential transition, the National League of Cities,
U.S. Conference of Mayors and National Association of Counties are calling upon
Congress to take immediate action on a new economic recovery package that will help
stimulate the economy through job creation at the local government level. As part of
this movement, the U.S. Conference of Mayors is compiling information of local
government projects that could be started almost immediately. You have probably
recently read a newspaper article on what area cities submitted to the survey. The
projects the survey covers are categorized as follows:
• Community Development Block Grants
• Energy Block Grants for Infrastructure and Green Jobs
• Transit Equipment and Infrastructure
• City Streets /Metro Roads Infrastructure
• Airport Technology and Infrastructure
• Amtrak Infrastructure
• Water and Wastewater Infrastructure
• School Modernization
• Public Housing Modernization
• Public Safety Jobs and Technology
So far the U.S. Conference of Mayors has issued two reports for projects with a third to
be released within the next week. The next report should show North Richland Hills
projects totaling over $70,000,000. These include street projects, water and sewer
lines as well as other miscellaneous projects. A summary of these projects is
attached.
We will go over these projects with Council on Monday night and answer any questions
you may have.
Respectfully Submitted,
Karen Bostic
Assistant City Manager
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
US Conference of Mayors
Funding
Project Description Required
CDBG
Housing Rehabilitation 122,000
Water Main Replacement -Onyx Drive North 1571500
Street Reconstruction- Harmonson Road 999,424
Energy
HVAC Replacement
111,000
Re- roofing
560,000
Window Replacement
80,000
Automatic lighting controls
22,000
De -lamp City Buildings
49,000
HVAC Central Control
378,000
Fire Department Shoreline Power Installation 9,000
Solar Panel Project 141384
City Streets /Metro Roads
Various streets for reconstruction 221991,050
Public Safety
Explorer Post 35,000
Family Resource Coordinator 45,000
Volunteer Patrol 51,000
Youth Summer Camp 10,000
IP Based Surveillance Camera Project 200,000
Water
Sanitary Sewer Main Replacement- Various
Locations 21,348,866
Water Main Replacement- Various Locations 2411451580
Total Submission $71,328,804
INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2008 -133
{ ` Date: December 22, 2008
'r
Subject. Update on Completion of City Council Goals and Action Items
Before the City Council goes to its Goals Work Session in January, staff wanted to
update Council on progress the City has made to achieving the goals set forth at the
last Goals Work Session in November 2006. The Council's eight goals from that
Session include:
• Quality Community Development and Revitalization
• Efficient and Effective Transportation System
• Safety and Security
• Financial Stability
• Preserve Positive City Image
• A Sense of Community
• Targeted Economic Development
• Local and Regional Leadership
At the Work Session, Council and staff created objectives as means to achieve those
goals. Staff then created action items to meet those goals and objectives. Staff
created 105 action items. Each action item was created because staff believed that if
the City completed those tasks it would be meeting the goals set by Council. Six
action items have been added since the last update because some goal objectives did
not have action items and staff wanted to correct this oversight.
Of those 106 action items:
• 54 items are ongoing, or projects staff continually works on. Such items include
reviewing ordinances to improve planning standards, conducting exercises to
reduce turn out time at fire stations and researching the market to determine
business opportunities.
• 28 items are complete. Those items include identifying possible locations for
rail sites, updating fund plans and completing the Parks Master Plan.
ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS �
• 21 items are in progress, or projects where significant work has been done, but
the project is not yet complete. In progress items include implementing a Hall of
Fame program, completing emergency training and placing landscaping at
specific intersections.
• 3 items are not complete, or projects that have little or no progress made to
them. These items include land banking specific property, creating a Citizens'
Academy and constructing an amphitheatre. All of these projects have been
looked at but no specific progress has been made in completing these goals.
A list of all goals, objectives and status of action items is included on the following
pages.
Staff feels satisfied with the progress it has made on accomplishing Council Goals and
looks forward to meeting new action items following the next Goals Work Session.
Respectfully Submitted,
Elizabeth Reining
Assistant to the City Manager
Council Goals Implementation Plan
Goal #1: Quality Community Development and Revitalization
Objective Short Term Action Item Est. Completion Status
Complete build out strategy Update /Align Comprehensive Land Use Complete
Plan with all other planning studies
Develop and initiate program with P8Z to Complete
address needed Comprehensive Plan and
possible zoning changes
Revise existing incentive policies to address Ongoing
potential policy conflicts
Place landscaping /intersection In Progress
improvements along Davis Blvd
Place landscaping /intersection In Progress
improvements along Glenview at Loop 820
Review /Update Ordinances to enhance Ongoing
quality planning standards
Complete Sustainable Development In Progress
Ordinance
Expediate redevelopment of Provide redevelopment In Progress
Calloway Creek Retail Area incentives /opportunities for potential owners
or developers of old North Hills Mall
Implement Loop 820 study Coordinate with TxDOT on Access In Progress
objectives Management Plan
Page 1
July 23, 2007 Council approved the
updated Comprehensive Plan
Update as zoning changes
Constantly reviewing policies to check their
accuracy
SRA created a concept plan for the
improvements, due to funding issues at
TxDOT and the City the project will be
delayed until late 2009.
Construction to begin in Dec 2008 with
project completion expected in early 2009.
Recently prohibited wood based product on
housing, permits for temporary outdoor
events, require metal posts for new fences,
multifamily now requires a special use
permit, updated sign ordinance, garage
sales were moved out of the zoning
ordinance
Gateway Planning and the City held public
meetings and charettes in September.
Albeit still in litigation, a revised site plan is
being looked at. Staff is meeting with the
developer on a regular basis to foster and
implement a viable development
Have submitted plan to TxDOT and waiting
for its final decision.
12/17/2008
Council Goals Implementation Plan
Goal #1: Quality Community Development and Revitalization
Objective Short Tenn Action Item Est. Completion Status
Purchase property to expand City Hall In Progress Purchasing homes around City Hall to
Complex lessen the impact of Loop 820 expansion.
Implement Blvd 26 Study Complete intersection improvements along
Ongoing
Blvd 26
Examine future funding sources for Blvd 26
Ongoing
public improvements
Revitalize residential Review RIPD Ordinance
Complete
neighborhoods
Provide code enforcement workshops for
Complete
citizens to learn what code violations are
and incorporate their assistance in reporting
such violations
Implement the Neighborhood LOOKS
Complete
program as an annual ongoing program to
reduce code violations throughout the City
Continue funding the sidewalk
Ongoing
replacement/construction program
Expand on Litter NOT program to
Ongoing
encourage people to litter less
Create rail station land use Identify possible locations for rail stations Complete
development plan
Acquire land for proposed rail stations In Progress
Page 2
Waiting on TxDOT to approve plan,
petitioning to let city let project
Possibilies include expanding TIF #1,
utilizing the BIG and sign removal
programs.
Modified to regulate articulation
Very poor turnout at workshops so staff
stopped having them after 6 workshops.
Code Enforcement will on an on -going
basis continue working code violations,
neighborhood by neighborhood.
Staff continues to construct and improve
sidewalks that are warranted and budgeted
for.
Staff will tentatively receive funding to
expand Litter Not to include recycling at
Temp. Events, waiting for final state
approval
Shown in Comprehensive Plan, approved
by COG and the T
Currently conducting an appraisal,
considering land swap to acquire Iron
Horse site
12/17/2008
Council Goals Implementation Plan
Goal #1: Quality Community Development and Revitalization
Objective Short Term Action Item Est. Completion Status
Land bank specific properties (rail site, etc.) Not Complete
Ensure compliance with quality Utilize the Substandard Building Board more Ongoing
housing standards frequently in addressing /eliminating
substandard structures within the City
Update Building Codes with local In Progress
amendments
Page 3
Placed priority on Iron Horse site
Notified all homeowner's south of Loop 820
of substandard housing conditions. Update
Housing Survey Map.
Commercial building, fire, electrical
updated in June 2008; Residential &
plumbing codes updated in December
2008; Mechanical, energy & fuel gas code
anticipated in February 2009.
12/17/2008
Council Goals Implementation Plan
Goal #2: Efficient and Effective Transportation System
Objective Short Term Action Item Est. Completion Status
Maintain leadership role on Continue to be active in RTC, TRTC, STTC, Ongoing
Regional Transportation Council 1 -35 Coalition and TEX -21
Continue to address congestion Continue to fund the preventative street Complete
and street conditions as it relates maintenance program at current level with
to local traffic flow possible expansion
Identify and study alternative traffic routes In Progress
during the widening of Loop 820
Continue to keep traffic timing optimized as Ongoing
traffic volumes and patterns change
(pattems need to be updated every 2 years)
Continue to maintain and replace pavement Ongoing
markings
Continue with the video detection installation Ongoing
program as funding allows
Monitor key CIP projects such as Davis Blvd In Progress
restriping, NTP, and Rufe Snow Drive
Update Master Thoroughfare Plan to reflect In Progress
changes in Home Town, Loop 820
Update the Trail System Master Plan and Complete
consider additional future connections to
adjacent cities to mitigate traffic congestion
and air quality
Maintain lead on regional rail Work closely with NCTCOG and all rail Ongoing
issues committees
Page 4
12/17/2008
Staff and Council continue to serve on policy
and technical committees in all organizations
Increased spending in FY 2007 to $800,000
and maintained that level in FY 08. Streets
are repaired based on criteria
Waiting on TxDOT to see if City's alternate
routes are in overall plan
Recently improved: Rufe Snow, Blvd 26,
Holiday, Precinct. Davis is in the planning
stages.
Budgeted every other year, everyday activity
CIP -not every year, as budget allows, project
last year
TxDOT restriped Davis this September, the
City is looking for other funding sources to
improve NTP, Rufe Snow is under design.
Overall plan was updated but waiting for
Arcadia's Phase 4 Plan of Home Town to
revise that section
Parks System Master Plan was updated in
December, 2007. Continuing to work with
neighboring cities to provide trail connections.
PW and Planning meet with the T on the
SWNE technical committee, Tim Welch and
Scott Turnage are on the policy committee.
Council Goals Implementation Plan
Goal #2: Efficient and Effective Transportation System
Objective Short Tenn Action Item Est. Completion Status
12/17/2008
Maintain leadership role in RTC and TRTC Ongoing Council and staff sit on policy and technical
committees, attend all meetings
Continue to support sales tax increases to Ongoing State Legislature Session of 2007 lobbied
support regional rail in NRH through unsuccessfully, looking at other options to
lobbying efforts fund rail that is agreeable to cities and
businesses.
Address future local rail stations Initiate rail station planning Ongoing Concept plans for the two rail stations were
approved in June. Gateway Planning and the
City held public meetings and charettes in
September to develop zoning codes for rail
station areas.
Page 5
Council Goals Implementation Plan
Goal #3: Safety and Security
12/17/2008
Objective Short Term Action Item Est. Completion Status _
Maintain low response time Conduct periodic exercises to reduce turn- Ongoing Battalion Chiefs conduct unannounced turn
out time at fire stations out tests at all fire stations.
Continue to keep roadways in good Ongoing Budgeted item that is completed each year
condition and traffic signals functioning
properly
Install Mobile Data Computers in all fire In Progress Installation is 95% complete.
apparatus
Maintain low crime rate
Maintain officer "ownership" of assigned
Complete
districts through utilization of the beat
management philosophy throughout all
divisions of the Police Department
Utilize Public Service Officers to complete
Complete
tasks that do not require a police officer.
Provide state -of -art public safety
Complete upgrade to Tiburon system
Complete
communications
Provide effective and efficient
Provide quarterly live fire training for all
Ongoing
police, fire and EMS
operating fire fighters after opening of new
Live Fire Training Facility
Purchase new fire engine with compressed
In Progress
air from system (CAFS) on board
Engage community in public Conduct annual Fire Department open Complete
safety programs and initiatives house in October
Page 6
The Beat Management program was
successfully implemented in 2007 and
continues today.
Program was implemented in Summer 2008.
Successfully upgraded to system.
Conducted training at the facility early in
2008 and will train there again in late 2008.
CAFS Engine is scheduled for delivery in
April 2009, American LaFrance has provided
a 2005 model ALF Eagle loaner pumper with
CAFS for the City to use until the new
pumper is delivered.
A successful 'Public Safety Expo" was
conducted on October 6, 2007, with an
estimated attendance of 1,500 citizens.
Council Goals Implementation Plan
Goal #3: Safety and Security
Objective Short Term Action Item Est. Completion Status
Improve property protection Request reclassification visit from ISO after Complete
classification arrival of new ladder truck and pumper truck
Improve the City's ability to Adopt a recommendation from the Facility In Progress
respond to all large scale Plan that identifies a new home for the EOC
emergencies and then begin planning and construction
Conduct one emergency management table In Progress
top exercise and one full scale exercise
Complete ICS 300 and 400 training for all In Progress
EOC participants
Continue training on animal and community Ongoing
health related emergencies
Page 7
12/17/2008
A Field Representative from ISO visited the
City in late August to conduct the
reclassification survey. He completed his
report and submitted it to ISO in New York
for corporate review. We expect to hear
back from ISO with the results of the survey
some time during the first quarter of calendar
year2009
Phase One of the Facility Plan is complete,
currently in progress in Phase Two, the EOC
is addressed in the Police Department
section of plan.
Exercises are currently in the planning
stages.
Some participants still require ICS 100, 200,
700, 800; all have been reminded to
complete 300 & 400 which requires 4 day
class work off site. 90% have completed.
Teach children at schools and public events
how to be responsible pet owners, contact
residents on wild animal sightings and
preventitive methods
Council Goals Implementation Plan
Goal #4: Financial Stability
Objective Short Term Action Item Est. Completion Status
Continue pay -as -you go where Evaluate need of debt vs. cash for capital Ongoing Recently used impact fees for a project
possible projects, use cash when available instead of issuing certificates of
obligation
Maintain a stable tax rate and Continue to monitor and respond to Ongoing
predictable income stream changes in financial trends
Update the long range financial Update building, equipment, self- insurance Complete
plan annually and IS plans
Maintain cash reserve policies Continue to maintain /build cash reserves Ongoing
Establish fund balance goals for all funds Ongoing
Maximize grant funding Continue attending training classes to In Progress
learn more about potential grant
opportunities
Evaluate available grant funding sources Ongoing
for Planning & Development projects
Maximize grant funding from NCTCOG on Ongoing
Sustainable Development initiatives
Page 8
The Revised 2008 and Adopted 2009
Budgets reflect a stabilizing local
economy and downturned national
economy
Completed in FY 2008 budget
Meet or spend under budget, work to get
lowest price available, look for new
reveue sources
Have fund balance goals for general fund
and water and sewer funds, have 3-4
year goals for all other funds
Investigating different programs to learn
of grant opportunities. We will possibly
work with other entities to learn of grant
opportunities.
Will apply for the NCTCOG's Sustainable
Development Grant in May 2009 once we
complete our Mixed Use Transit
Orientated Development Code.
We did not need the type of funding
offered in the first round of grants. We
will use the Mixed Use Transit Orientated
Development Code to apply for the
second round of grants expected to be
released in May, 2009.
12/17/2008
Council Goals Implementation Plan
Goal #5: Preserve Positive City Image
12/17/2008
Objective
Short Term Action Item
Est. Completion
Status
Enhance public information
Create "Construction Update" on NRH
Complete
Although updated on the NRH Up Close
initiatives
UpClose website that addresses citizen
webpage, retail and commercial projects
questions regarding non - residential
will be featured in the 'What's New'
construction projects
section of the upcoming reluanch of the
NRH ED website.
Create link on front page of website that
Ongoing
2007 Comprehensive Land Use Plan was
would go to adopted /approved plans
posted. As the Mixed Use Transit
Orientated Development Code is updated
it will be linked to our website
Continue to seek ways to improve online
Ongoing
Residents can watch full City Council
services
Meetings online. Individual and group
garage sales are online. Departments are
reviewing and updating their section of
the web site on a monthly basis.
Increase communication flow
Provide live streaming of City Council
Complete
Installed needed equipment 1/16/08,
with citizens
meetings on city website
streaming began 1/28/08
Continue open communication with media
Ongoing
E -mail update is sent to all media outlets
weekly highlighting upcoming programs
and activities in NRH. PIO is on call and
available to media at all times. All media
calls and inquiries are responded to in the
same day they are received.
Maintain quality public facilities
Maintain quality aesthetic standards for
Complete
The new Public Works Design Manual
public infrastructure through adherence to
was adopted in FY 07 which includes
the Image Study
recommendations from the City Image
Study.
Page 9
Council Goals Implementation Plan
Goal #5: Preserve Positive City Image
Objective Short Term Action Item Est. Completion Status
Complete the Facility Plan and then begin In Progress Phase One of the Facility Plan is
planning capital projects to relocate City complete, currently in progress in Phase
departments into quality facilities that will Two
accommodate departmental needs for 10-
20 years
Focus on and recognize City Continue branding efforts for Blvd 26 Ongoing
successes
Conduct citizen survey Complete
Market the City to potential investors Ongoing
outside our City boundaries in an effort to
create future successes
Promote and initiate Study the benefits of adopting "green" Ongoing
environmentally responsible building methods for all future public
programs facilities
Continue with Neighborhood LOOKS, NIP, Ongoing
and LitterNOT public workshops
Promote recycling programs Ongoing
Enhance the public art program Complete the public art inventory brochure Complete
and distibute to the community
Page 10
A CIP project was approved in the FY08
Budget to improve another intersection
along BLVD 26. Staff is waiting to begin
this project until it is clear what TxDOT
will allow.
Results of survey were presented to City
Council in November 2007.
Attend ICSC and Texas ICSC, meet with
brokers of potential businesses, execute
mail campaigns, advertise in area and
regional publications
Green /LEED components will be included
in the design of the new recreation center.
Conducted workshops Fall 2007, due to
poor attendence workshops were
discontinued. The programs are still
continuing successfully.
Implemented a mandatory recycling
program for city departments. Promote &
loan out recycle bins for special events.
Brochure is available at City facilities and
my be downloaded from the web site.
Brochure was promoted in the 2007 News
& Notes insert.
12/17/2008
Council Goals Implementation Plan
12/17/2008
Goal #5: Preserve Positive City Image
Objective Short Term Action Item Est. Completion Status
Promote and acquire additional public art
Complete
Installed the "I Luv" New York mural at Ace
for program
Park; the mission fagade at Dr. Pillow Park &
we officially purchased the "Dancer" at Linda
Spurlock Park.
Commission an additional public art
Complete
Installed the "I Luv" New York mural at Ace
sculpture for the Art in Public Places
Park; the mission fagade at Dr. Pillow Park &
program
we officially purchased the "Dancer" at Linda
Spurlock Park.
Initiate and develop a "Signal Art" program
Complete
Twelve boxes have been completed.
on intersection utility boxes at specific
locations throughout the City
Include public art in the architectural
Complete
Artist Barbara Grygutis was selected as
desgin of the future Grand Ave Park Plaza
the artist. The artwork titled "Weather" will
(unofficial name)
be completed June /July 2009
Install and unveil the 50' urban mural at
Complete
Ribbon Cutting was March 17, 2007.
Ace Park
Page 11
Council Goals Implementation Plan
Goal #6: A Sense of Community
12/17/2008
Objective
Short Term Action Item Est. Completion
Status
Complete, implement trails plan
Encourage neighboring cities to provide In Progress
There is a regional plan that shows
trails that connect to our existing
connections of our trails to our
programs
neighbors, we are waiting for our
neighbors to connect to the Cotton Belt
Trail, we are working on a trail to
connect to Keller's Little Bear Creek Trail
and we will extend the Jo Ann Johnson
Trail to Richland Hills once North Hills
Mall is redeveloped
Provide parks and recreation
Complete Parks Master Plan Complete
Adopted by City Council on December
program at current high level
10, 2007
Consider adding lights and additional In Progress
Additional parking was added in August
parking at Tipps Canine Hollow in
2008. A park pals group formed to raise
context of cost and other park
funds for lighting.
infrastructure needs and stated
priorities of the Park System Master
Plan
Encourage volunteerism and
Continue with A Night of Holiday Magic Ongoing
2008 Night of Holiday Magic was
community wide involvement
successfully moved to NRH2O with
additional days scheduled for photos and
Santa.
Promote /increase health and wellness Ongoing
Successfully completed Naturally Slim
programs
Pilot Program and have begun second
class. Other programs include Wellness
Committee, Quarterly Wellness
Newsletters, NRH Walking Clubs, Health
Fair and Flu Shots, Health Check 2008
& 2009.
Page 12
Council Goals Implementation Plan
Goal #6: A Sense of Community
12/17/2008
Objective Short Term Action Item
Est. Completion
Status
Implement a Hall of Fame program
In Progress
Founders and Legacy plaques continue
recognizing community leaders,
to be placed in parks. Plaques have
businesses and employees
been completed for Clyde Zellers, Linda
Spurlock, Kay Granger, Dick Faram and
Tommy & Sue Brown Parks.
Promote Citizens Police and Fire
Ongoing
Information has been placed in News &
Academies
Notes insert, on web site and on
Citicable NRH to ecnourage residents to
participate in CPA and CFA.
Examine feasibility to create a Citizens
Not Complete
Feasibility study has not yet been
University /Academy program
conducted
Develop incentives for businesses,
Ongoing
Provide advertisement on program
schools and non - profit organizations to
website and recognize at Council
become more involved in volunteering
meetings
at AARC, NIP and LitterNOT programs
Maintain cultural arts program Continue "Artists at Work" program
Ongoing
Another Artists at Work Art Show was
conducted in August 2008.
Consider construction of an
Not Complete
Funding is not currently available. The
amphitheatre suitable for
updated Parks Master Plan includes an
accomodating the spring and fall
amphitheatre in the top 10 ranking. A
concert series
possible private /public partnership is
possible.
Continue spring and fall concert series
Ongoing
Sounds of Spring and Autumn Night
Music were held in 2008.
Move the "Sounds of Spring" concert
Complete
The 2007 and 2008 series were held at
series to the grounds outside NRH2O
NRH2O.
Schedule additional "My Part of Town"
Complete
Movie Nights were held at Tommy & Sue
neighborhood park events
Brown and Kay Granger Parks over the
summer.
Page 13
Council Goals Implementation Plan
Goal #6: A Sense of Community
Objective Short Term Action Item Est. Completion Status
Promote life long learning Complete construction of new library Complete Library celebrated its grand opening
through library services
Page 14
April 2008
12/17/2008
Council Goals Implementation Plan
12/17/2008
Goal #7: Targeted Economic Development
Objective Short Term Action Item Est. Completion Status
Define the types of businesses we attract to Review and update targeted businesses in Complete / Revised December 2008, and
our community- Market Study our community Ongoing being targeted for recruitment
onward
Research market to determine business Ongoing Constantly meeting with brokers
opportunities to learn who is interested in
coming to the area
Promote diversity in economic development
Maximize use of existing real estate and
locations
Work with businesses to assist in finding Ongoing
locations within our City
Create targeted mail campaign to go Ongoing
toward quality family restaurant
establishments
Continue participation in ICSC to promote Ongoing
vacant buildings and commercial sites to
developers and end users
Maintain inventory of available, non Ongoing
residential tracts and vacant buildings
Communicate where we are going and what Continue quarterly meetings of the Ongoing
we are looking for on economic development Economic Development Advisory
Committee to further educate business
leaders and seek their direction
Page 15
Meeting with brokers when their
clients are interested in
relocating
Dec 2007 mailing provided a low
ROL ED Depratment assessing
more effective tactics for
restaurant recruitment
Attended ICSC in April 2008 and
ICSC Texas in October 2008.
Building a database of tracts and
buildings, 70% complete
The Committee resumed its
quarterly meetings in November
2008.
Council Goals Implementation Plan
Goal #8: Local and Regional Leadership
Obiective Short Term Action Item Est. Completion Status
Continue to be involved on Maintain active particpation in Ongoing Council and staff serve on policy
committees setting direction for NCTCOG, TRTC, 35W Coalition, RTC, and technical committees of all
the region Vision North Texas, Southwest -to- organizations
Northeast Rail Corridor, Cottonbelt Rail
Committee
Build relationships that influence Continue participation in Northeast Fire Ongoing The NRH FD continues to be an
decisions in areas where we Department Association ( NEFDA) active participant in the training
have an interest and response to special needs
Continue encouraging employee Ongoing
relationships with professional
organizations
Lend support on issues that do Participate and hold leadership roles in Ongoing
not impact us, but will help build National and State Organizations that
support for our issues later advocate for cities.
Promote services and
involvement that bring
prominence as leaders that
influence the direction in key
issues
Be proactive as leaders that
influence the direction of key
issues
Lead by example, do it better
Provide staff support services to Mayor Ongoing
and Council and their regional
leadership roles
Monitor and lobby the Federal and Ongoing
State Legislatures.
Maintain leadership roles in regional, Ongoing
state and national organizations
Page 16
incidents with the NEFDA
organization.
Various employees sit on their
state professional boards
Mayor, Council and Staff hold
leadership roles in National and
State City Member organizations.
Staff serves on technical
committees and are policy
meeting backups
Participate in NLC and TML
Legislative Sessions, contract
services to advocate for us to
both Legislatures.
Various employees sit on their
state professional boards
12/17/2008
Council Goals Implementation Plan
Goal #8: Local and Regional Leadership
Objective Short Tenn Action Item Est. Completion Status
Maintain leadership role on Participate in regional efforts involving Ongoing
legislative issues state and federal legislation that can
impact our City and area
Page 17
Continue to be active in NLC and
work with area cities to lobby the
state legislature for regional
benefit
12/17/2008
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Agenda No. B.0
Subject: EXECUTIVE SESSION - The City Council may enter into closed Executive
Session to discuss the following as authorized by Chapter 551, Texas Government
Code
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Agenda No. B.1
Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to
deliberate land acquisition for parks - Northeast Sector
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Agenda No. C.0
Subject: Adjournment
City of North Richland Hills
City Council Regular Meeting Agenda
North Richland Hills City Hall Council Chambers
7301 Northeast Loop 820
North Richland Hills, TX 76180
Monday, December 22, 2008
7:00 P.M.
A.0 Call to Order - Mayor Pro Tern Turnage
A.1 Invocation - Councilwoman Compton
A.2 Pledge - Councilwoman Compton
A.3 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday
Lighting Awards presented by Councilman Whitson
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 December 8, 2008 City Council Meeting
B.2 PU 2008 -035 Approve the Purchase of Police Package Vehicles to Caldwell
Country in the Amount of $190,767.00.
C.0 PUBLIC HEARINGS
No items for this category.
D.0 PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
E.0 PUBLIC WORKS
No items for this category.
F.0 GENERAL ITEMS
F.1 PU 2008 -034 Award of Contract to Workman Commercial Construction Services,
Ltd, in the amount of $1,967,832 for the Construction of the Third Phase
Attraction and Restroom Facility at NRH2O
F.2 GN 2008 -121 Consideration of Adopting the 2006 International Residential Code
as Amended - Ordinance No. 3035
F.3 GN 2008 -122 Consideration of Adopting the 2006 International Plumbing Code
as Amended - Ordinance No. 3036
F.4 GN 2008 -123 Consider acceptance of a Federal Emergency Management
Agency (FEMA), Urban Area Security Initiative (UASI), Law Enforcement
Assistant Program (LEAP) Grant in the amount of $437,860.00 and Amend the
Fiscal Year 2008/2009 Capital Projects Budqet
F.5 GN 2008 -125 Consider an Amendment to the City Code, Chapter 104: "Gas Well
Drilling and Production" - Ordinance No. 3031
F.6 GN 2008 -124 Approve 2009 State Legislative Program
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 Sapp
H.2 Adjournment
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: Call to Order - Mayor Pro Tern Turnage
Council Meeting Date: 12 -22 -2008
Agenda No. A.0
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Councilwoman Suzy Compton Agenda No. A.1
Subject: Invocation -Councilwoman Compton
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Councilwoman Suzy Compton Agenda No. A.2
Subject: Pledge - Councilwoman Compton
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Kathy Luppy Agenda No. A.3
Subject: Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Holiday
Lighting Awards presented by Councilman Whitson
Keep NRH Beautiful would like to recognize residents for taking the time to decorate
their yards and homes for the holiday season. Holiday Lighting Award winners were
selected from each of the nine areas of the City. The 2008 winners are:
AREA 1: Wade & Patty Weaver, 6216 Windsor Court
AREA 2: David Herrera, 6908 Corona Drive
AREA 3: Richard & Cynthia Ward, 4920 Skvlark Circle
AREA 4: Richard & Theresa Radwan, 5909 Circle Dr. N.
AREA 5: James & Lucy Gonzalez, 8008 Bridge Street-
AREA 6: Javier & Laura Esquivel, 7516 Chapman
AREA 7: Frank Kossler & Barbara Tiebens, 8800 Thornway
AREA 8: Lupe & Linda Cruz, 7528 Brockwood Court (Tie)
AREA 8: Art Herrington, 6705 Parkwood (Tie)
AREA 9: Larry & Angelica Langford, 8100 Long Trail Drive
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -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
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: Removal of Item(s) from Consent Agenda
Council Meeting Date: 12 -22 -2008
Agenda No. A.5
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -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: 12 -22 -2008
Presented by: Agenda No. B.1
Subject: Approval of Minutes of December 8, 2008 City Council Meeting
Recommendation:
To approve the December 8,2008 City Council meeting minutes.
MINUTES OF THE WORK SESSION AND REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
HELD IN THE CITY HALL, 7301 NORTHEAST
LOOP 820 DECEMBER 8, 2008
WORK SESSION
The City Council of the City of North Richland Hills, Texas met in work session on the
8th day of December, 2008 at 5:45 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
Assistant City Manager
Jimmy Perdue
Assistant City Manager
Mike Curtis
Managing Director
Patricia Hutson
City Secretary
George Staples
City Attorney
Mary Peters
Public Information Officer
Elizabeth Reining
Assistant to City Manager
John Pitstick
Director of Planning & Development
Greg VanNieuwenhuize
Assistant Public Works Director
Mark Mills
Budget Director
JoAnn Stout
Director of Neighborhood Services
Chris Amarante
Facilities & Construction Director
Patrick Hillis
Director of Human Resources
Steve Brown
Library Director
Craig Hulse
Economic Development Director
Vickie Loftice
Parks & Recreation Director
Eric Wilhite
Chief Planner
Chun Mezger
Humane Division Supervisor
James Edwards
Human Resources Analyst
Call to Order
Mayor Trevino called the work session to order at 5:45 p.m.
A.1 Discuss Items from Regular City Council Meeting
Agenda Item F.1 — GN 2008 -118 — Mayor Pro Tern Turnage questioned whether with
the redevelopment of the property, the ownership would allow alcohol sales on the
property once the church moved from the property. Mr. Hulse advised representatives
for the owner would be at the regular meeting and he would inquire and advise Council.
A.2 IR 2008 -129 Discuss Cities Aggregation Power Project Long Term Power
(.nntrant
Ms. Karen Bostic, Assistant City Manager, updated the Council on the Cities
Aggregation Power Project (CAPP) long -term power contract. Council discussed the
project at the October 13 Council Work Session and the consensus was for Staff to
bring the item back for discussion closer to the date a decision needed to be made. Ms.
Bostic advised of how the recent changes to the economy and market conditions
affected the cost to participate. Ms. Bostic advised of the cities that were planning to
participate and some of the pros and risks of participating in the long -term contract.
Staffs recommendation is for North Richland Hills not to participate. Ms. Bostic
reviewed with Council the reasons the City was recommending not to participate.
Council was advised that if the consensus were to participate in the long -term contract,
an item is on the regular agenda that would approve the participation contract between
the City and CAPP. If consensus were not to participate, Council would take no action
on the regular agenda item. The consensus of the Council was not to participate in the
contract.
A.3 IR 2008 -128 Discuss 2009 State Legislative Program
Ms. Karen Bostic, Assistant City Manager, advised the Council the 81St Legislative
Session will begin January 13 and end on June 21, 2009. The prefiling of bills began
November 10. As in previous years, the City will use four guiding principles to
determine positions on city related issues. The guiding principles are local control, a
predictable and sufficient level of revenue, opposition to unfunded mandates and quality
of life. Ms. Bostic highlighted some of the priority issues. Council was asked to provide
any suggested modifications to the program. The program will be brought to the
December 22 Council meeting for approval. There were no suggested changes from
the Council. Council asked Staff to set up a date for Council to meet with the City's
legislators in Austin.
A.4 IR 2008 -126 Explanation of Dangerous Dog Investigation
Ms. Chun Mezger, Humane Division Supervisor, advised they had received several
inquiries about the process used to investigate and make a dangerous dog
determination. Ms. Mezger explained to the Council the immediate actions taken, bite
investigation procedures, how a dangerous dog situation is determined and the owner's
options. Ms. Mezger reviewed the requirements that must be met prior to the animal
being released back to its owner and the consequences if the dog escapes from its
enclosure or if there is any violation of the City's ordinance. Ms. Mezger advised
Council that Staff felt the City's ordinance was strong enough and that it was more strict
than some of the neighboring cities.
A.5 IR 2008 -131 Iron Horse 2008 End of Season Report
Mr. Jared Miller, Assistant City Manager, highlighted the Golf Course's 2008 End of
Season Report. Mr. Jay Clements, General Manager, was also present. Mr. Miller
discussed recognitions the golf course received, the number of rounds played, revenues
and expenditures, projects and programs completed during 2008, and contingency
plans to allow for any potential challenges associated with current economic trends.
Mayor Trevino advised of an erosion problem along the number 3 fairway and green
and asked Staff to look at it. Council inquired when the golf carts were scheduled for
replacement and if an increase to the discounted rates was being considered. Mr.
Clements advised that the current lease for the carts would expire in September 2009.
Staff advised that an increase to the discounted rates was being reviewed as well as
several other options.
A.6 Adjournment
Mayor Trevino announced at 6:42 p.m. that the Council would adjourn to the regular
Council meeting.
REGULAR COUNCIL MEETING
A.0
CALL TO ORDER
Mayor Trevino called the meeting to order December 8, 2008 at 7:00 p.m.
ROLL CALL
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
David Whitson
Tim Welch
Staff:
Larry J. Cunningham
Jared Miller
Karen Bostic
Jimmy Perdue
Mike Curtis
Patricia Hutson
George Staples
Council, Place 4
Council, Place 5
Council, Place 7
City Manager
Assistant City Manager
Assistant City Manager
Assistant City Manager
Managing Director
City Secretary
Attorney
A.1
INVOCATION
Mayor Pro Tern Turnage gave the invocation.
A.2
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Turnage led the pledge of allegiance.
A.3
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
PROCLAMATION FOR NORTH TEXAS LITERACY AWARENESS DAY
Councilman Barth presented to Steve Brown, Library Director, a proclamation
recognizing North Texas Literacy Awareness Day.
A.4
SPECIAL PRESENTATION(S) AND RECOGNITION(S)
2008 UNITED WAY CAMPAIGN
Councilman Lewis recognized Campaign Chair James Edwards and advised the City
exceeded its $33,000 campaign goal with city employees raising $40,369. Mr. Edwards
expressed appreciation to the United Way Campaign Committee and advised of the
highlights of the campaign. Mr. Edwards presented a $40,369 check to Ms. Ebony
Stevenson, Director or Resource Development, and Mr. Tim McKinney, President and
CEO of United Way of Tarrant County.
A.5
CITIZENS PRESENTATION
None.
Mayor Pro Tern Turnage left the meeting at 7:12 p.m. to meet with citizens from the City
of Keller who were present at the Council meeting to speak with Council on gas drilling
concerns at Little Bear Creek. A request from Chesapeake Energy was scheduled on
the Gas Board of Appeals agenda for December 11 for an appeal from distance
requirements for Little Bear Creek.
None.
A.6
REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA
B.0
APPROVAL OF CONSENT AGENDA ITEMS
APPROVED
B.1 APPROVAL OF MINUTES OF NOVEMBER 24, 2008 CITY COUNCIL
MEETING
B.2 FP 2008 -07 CONSIDERATION OF A REQUEST FROM ROGER & A. JENISSE
LINEBARGER TO APPROVE A FINAL PLAT OF LOT 1, BLOCK 2, PARK
OAKS ADDITION (LOCATED AT 6432 HARMONSON ROAD - 0.967 ACRES)
B.3 RP 2008 -07 CONSIDERATION OF A REQUEST FROM NORTH RICHLAND
HILLS BAPTIST CHURCH TO APPROVE A REPLAT OF FIVE LOTS IN THE
PARCHMAN ADDITION TO LOT 1 -R1, PARCHMAN ADDITION AND A
STREET USE LICENSE AGREEMENT (LOCATED AT BOULEVARD 26 AND
VANCE ROAD - 10.07 ACRES)
COUNCILMAN WELCH MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN SAPP
SECONDED THE MOTION..
MOTION TO APPROVE CARRIED 6 -0.
PUBLIC HEARINGS
C.1
ZC 2008 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM
TERRY BROWNING TO APPROVE A ZONING CHANGE OF TRACT 2S2A,
ABSTRACT 1520 FROM "U" INSTITUTIONAL TO "R -1" SINGLE FAMILY
RESIDENTIAL (LOCATED AT 6025 RIVIERA DRIVE - 0.277 ACRES) - ORDINANCE
NO. 3032
APPROVED
Mayor Trevino opened the public hearing.
Mr. Charles B. Hooks, Jr., Loyd Bransom Surveyors, and representing the applicant,
Terry Browning, presented request for a zoning change at 6025 Riviera.
Mr. Eric Wilhite, Chief Planner, summarized the request and presented the
recommendation of the Planning and Zoning Commission. Mr. Browning is requesting
to rezone an unplatted tract next to his platted lot where his home is located. Mr.
Browning plans to make some improvements to his lot that will require the current lot
line to be removed and the zoning of the unplatted tract changed to match his existing
residential lot. A replat will be brought forward at a future date. The Planning and
Zoning Commission recommended approval of the request.
Mayor Trevino called for anyone wishing to comment in favor or in opposition to the
request. There being no one wishing to speak, Mayor Trevino closed the Public
Hearing.
COUNCILMAN LEWIS MOVED TO APPROVE ORDINANCE NO. 3032, ZC 2008 -05.
COUNCILWOMAN COMPTON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6 -0.
D.0
PLANNING & DEVELOPMENT
There were no items for this category.
E.0
PUBLIC WORKS
There were no items for this category.
GENERAL ITEMS
F.1
GN 2008 -118 APPROVE AN ECONOMIC DEVELOPMENT AGREEMENT WITH
TEXAS INVESTORS, LLC FOR 5142 AND 5198 RUFE SNOW DR. - RESOLUTION
NO. 2008 -061
APPROVED
Mr. Craig Hulse, Economic Development Director, presented the item. Mr. Hulse
introduced representatives for Texas Investors, LLC. - Hans Hertner, TGS Architects,
J.T. Tackett, Vice President Lancewood Corporation and Wayne Starr, President
Lancewood Corporation. Mr. Hulse presented an economic development incentive plan
between the City and Texas Investors, LLC to redevelop the properties at 5142 and
5198 Rufe Snow Drive. The redevelopment plan includes the following conditions:
• Texas Investors, LLC Obligations
Completion of project by October 16, 2009
Minimum construction cost of $1,536,000
50% of square footage occupied on 1St floor of 5198 and 5142 by retail
businesses by December 31, 2009; 60% by December 31, 2010, 70% by
December 31, 2011 - December 31, 2013
• City Obligations
Rebate 100% of the property tax increment during the first five years after
completion
Rebate 25% of the 1 % general sales tax paid to the City through the state
by businesses at 5198 Rufe Snow during the calendar years 2009 -2013
Forego 50% of the City construction fees.
Council questioned how the current tenants would be affected as the project
progresses. Mr. Starr, Lancewood Corporation advised they were trying to create
economic value in the property but that they would have a loyalty to the tenants who
have vested long term in the location.
COUNCILMAN WELCH MOVED TO APPROVE GN 2008 -118, RESOLUTION NO. 2008 -061.
COUNCILMAN WHITSON SECONDED THE MOTION.
MOTION TO APPROVE CARRIED 6 -0.
F.2
GN 2008 -119 APPROVE AN ELECTRIC POWER CONTRACT WITH CITIES
AGGREGATION POWER PROJECT, INC. - ORDINANCE NO. 3034
NO ACTION TAKEN
Mayor Trevino advised Council would not be taking action on this item.
F.3
GN 2008 -120 REVISE THE 2008/09 OPERATING BUDGET FOR REPAIRS
TO THE ACE PARK MURAL
APPROVED
Ms. Vickie Loftice, Director of Parks and Recreation, presented the item. Staff has been
working with the insurance company to remedy damage that occurred to the mural at
Ace Park. The City's claim has been accepted and Staff is moving forward with the
replacement project. The mural was insured for $75,000 and the cost to remedy the
damage is $52,077. The City's insurance policy includes a $25,000 deductible per
occurrence provision. The total reimbursement from the insurance claim will be
$27,077. Staff is recommending the funding for the $25,000 deductible be provided by
an appropriation balance in the Self Insurance Fund. These funds will be transferred to
the Park Development Fund and along with the reimbursement from the insurance
company, the total impact on the Park Development Fund will be an increase in revenue
of $52,077 and an increase in expenditures of $52,077.
COUNCILMAN WHITSON MOVED TO APPROVE GN 2008 -120. COUNCILMAN BARTH SECONDED
THE MOTION'.
MOTION TO APPROVE CARRIED 6 -0.
No items for this category.
EXECUTIVE SESSION ITEMS
INFORMATION AND REPORTS
H.1
ANNOUNCEMENTS
Councilwoman Compton made the following announcements.
Bring your pets and pose with Santa from 6:30 p.m. to 8:00 p.m. on Thursday,
December 11, at the NRH Animal Adoption and Rescue Center. The cost is $7 and up,
with proceeds benefiting the Shelter Fund. Dogs and cats must be currently vaccinated
for rabies and wearing their tags. For more details, please call 817 - 427 -6570.
If the holiday season seems a bit overwhelming, the North Richland Hills Public Library
can help. A free program on managing holiday stress will be presented in the Library
Community Room at 7 p.m. on Thursday, December 18. For more information, contact
the Reference Department at 817 - 427 -6814.
NRH2O's 2009 Season Passes are now on sale. Purchase your pass before December
24th and receive $10 off, plus an entertainment package including a souvenir bottle and
free tickets for friends. For more information, please call 817 - 427 -6500 or visit
www.nrh2o.com.
Kudos Korner - Kevin Carrothers, NRH Public Library - A comment card was recently
received from a Library patron thanking Kevin for his help with a project. Kevin was
resourceful and patient and took extra time to troubleshoot a problem. The patron
appreciated Kevin's guidance and said it was a very rewarding experience to work with
him.
H.2
ADJOURNMENT
Mayor Trevino adjourned the meeting at 7:37 p.m.
Oscar Trevino — Mayor
ATTEST:
Patricia Hutson, City Secretary
CITY OF
NORTH RICHLAND HILLS
Department: Finance
Presented by: TPowell /LKoonce
Council Meeting Date: 12 -22 -2008
Agenda No. B.2
Subject: PU 2008 -035 Approve the Purchase of Police Package Vehicles to Caldwell
Country in the Amount of $190,767.00.
In the 2008/09 approved budget, Council allocated funding to replace six (6) police package
vehicles for the Police Department and one (1) for Municipal Court.
Notice of the City's intent to bid was advertised in local newspapers, as required by State
statute and posted on the City Website. Fifteen (15) vendors were contacted and requested to
participate in this bid process. Bid specifications were downloaded from the City Website by
eight (8) additional vendors. Seven (7) bids were received from the following vendors:
Victoria
Delivery Date 75 -110 Days 90 -120 Days 4 - 8 Weeks 70 Days 8 -12 Weeks 90 -120 Days 90 -120 days
'White Chevy
in AlA: or .
E
Price for Basic $26,500.00 $22,864.00 $26,655.98 $26,750.00 $26,611.26 $25,755.00 $24,618.00
Police Package
Basic Police
Package Price $26,500.00 $22,864.00 $26,655.98 $26,750.00 $26,611.26 $25,755.00 $249618.00
Qty of 1
Model
Impala
Crown
Victoria
Impala
Bruce
Impala
Caldwell
VENDOR Holiday
Texas
Vandergriff
Friendly
Lowrie
Caldwell
Tarrant
NAME Chevrolet
Motor Ford
Chevrolet
Chevrolet
Chevrolet
Country
County
. he Tahoe . .
.y
Pricing
Description
*
or 'hat
:
Alternate
Blue Chevy
Price for Basic
$31,125.00
$23,220.00
$32,026.25
Iim ala or
;
$30,697.00
$29,196.00
Police Package
Equal ..:..
Basic Police
Price for Basic
$27,915.00
$24,379.00
$28,647.90
$28,414.00
$29,190.46
$27,324.00
$26,187.00
Police Package
$97,586.34
$92,091.00
$879588.00
Qty of 3
Basic Police
Model
Tahoe
Ford ,
r.. .,.
Tahoe
Package Price
$83,745.00
$73,137.00
$85,943.70
$85,242.00
$87,571.38
$81,972.00
$789561.00
Qty of 3
Model
Impala
Crown
Impala
Impala
Impala
Impala
Impala
Victoria
Delivery Date 75 -110 Days 90 -120 Days 4 - 8 Weeks 70 Days 8 -12 Weeks 90 -120 Days 90 -120 days
'White Chevy
in AlA: or .
E
Price for Basic $26,500.00 $22,864.00 $26,655.98 $26,750.00 $26,611.26 $25,755.00 $24,618.00
Police Package
Basic Police
Package Price $26,500.00 $22,864.00 $26,655.98 $26,750.00 $26,611.26 $25,755.00 $249618.00
Qty of 1
Model
Impala
Crown
Victoria
Impala
Impala
Impala
Impala
Impala
Delivery Date
75 -110 Days
90 -120 Days
4 - 8 Weeks
70 Days
8 -12 Weeks
90 -120 Days
90 -120 Days
Dark Blue
. he Tahoe . .
.y
or 'hat
:
Price for Basic
$31,125.00
$23,220.00
$32,026.25
$31,747.00
$32,528.78
$30,697.00
$29,196.00
Police Package
Basic Police
Package Price
$93,375.00
$69,660.00
$96,078.75
$95,241.00
$97,586.34
$92,091.00
$879588.00
Qty of 3
Model
Tahoe
Ford ,
r.. .,.
Tahoe
Tahoe
Tahoe
Tahoe
Tahoe
Delivery Date 75 -110 Days Summer of 4 - 8 Weeks 70 Days 8 -12 Weeks 90 -120 days 90 -120 days
2009
Total Bid $203,620.00 $165,661.00 $208,678.43 $207,233.00 $211,768.98 $199,818.00 $1909767.00
*Did not include the cost of the extended warranty (Estimated $2,270 per vehicle)
Although, Texas Motors Ford submitted the lowest bid per the attached bid tabulation, they did
not provide all items required within the bid specifications for each vehicle. In addition, they bid
a Ford Expedition which is not a pursuit rated vehicle. Further, they excluded the cost of the
Extended Warranty in the base price of their vehicle as requested per the bid specifications.
The Extended Warranty adds approximately $2,270.00 to the cost of each vehicle and is cost
effective over the life of the vehicle.
Caldwell Country submitted a bid based on our bid specifications then submitted an Alternative
Bid using the Tarrant County contract pricing. The City of North Richland Hills is a member of
the Tarrant County Cooperative group, and would allow us to purchase from Caldwell Country
at these lower contract prices.
The alternate bid submitted by Caldwell Country met all the specifications and general
conditions of the bid. All bids are within the allocated budget and can be delivered in 90 to 120
days.
Recommendation:
To Approve the Purchase of Police Package Vehicles to Caldwell Country in the Amount
of $190,767.00.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: PUBLIC HEARINGS
No items for this category.
Council Meeting Date: 12 -22 -2008
Agenda No. C.0
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by:
Subject: PLANNING AND DEVELOPMENT
Items to follow do not require a public hearing.
No items for this category.
Council Meeting Date: 12 -22 -2008
Agenda No. D.0
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -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: 12 -22 -2008
Presented by: Agenda No. F.0
Subject: GENERAL ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: Parks and Recreation
Presented by: Vickie Loftice
Council Meeting Date: 12 -22 -2008
Agenda No. F.1
Subject: PU 2008 -034 Award of Contract to Workman Commercial Construction
Services, Ltd, in the amount of $1,967,832 for the Construction of the Third Phase
Attraction and Restroom Facility at NRH2O
The approved NRH2O Family Waterpark Capital Improvement Program includes funding
for the Third Phase Attraction at NRH2O. The proposed improvements include a large
"blue lagoon" pool with sand beach, sand volleyball area, seating /deck area, technology
deck, new restroom building, filtration building and chemical storage area.
Competitive Sealed Proposals were received from four contractors on December 3,
2008. Contractors were requested to provide a basic proposal bid amount and six
alternate proposals which were included to determine the value of specific project
elements and assist in developing a construction contract within our available funding.
Alternate proposals included:
No. 1 - Pricing associated with the waterfall which includes corresponding artificial rock
and landscape work for the waterfall area.
No. 2 - Employ an alternate method of stabilizing the soil under the pool in lieu of
excavation of existing soil and installation of select fill.
No. 3 - Provide and install a pool heater and gas service.
No. 4 - Provide and install ultra - violet. filtration system.
No. 5 - Provide and install landscape material (separate from the waterfall area).
No. 6 - The project is to be substantially complete on or before May 31, 2009 (in lieu of
May 1, 2009).
Pricing was provided as follows:
In accordance with Purchasing Policies and Procedures, the Construction Documents
included selection criteria as the basis for evaluating the proposals received in order to
select the contractor that is the most qualified and represents the best value to the City
of North Richland Hills.
Base
Alt. 1
Alt. 2
Alt. 3
ultra-
Alt. 5
Alt. 6
Baste I+
Proposal
waterfall
conditioning
heater
violet
system
landscape
May 31st
Alternates
1, 2 and 6
AUI
$1,929,700
$268,137
$0
$10,919
$43,625
$41,139
$0
$2,197,837
Workman
$1,940,000
$188,000
($23,868)
$9,500
$34,700
$24,900
($45.000)
$2,059,132
Fain
$1,956,040
$343,078
$29,668
$8,712
$38,628
$40,459
($16,739)
$2,312,047
Northstar
$2,159,000
$230,000
$33,000
$10,500
$45,000
$32,000
($28,000)
$2,394,000
In accordance with Purchasing Policies and Procedures, the Construction Documents
included selection criteria as the basis for evaluating the proposals received in order to
select the contractor that is the most qualified and represents the best value to the City
of North Richland Hills.
A five member evaluation committee was appointed to evaluate the responses to
determine which contractor's proposal represented the best value to the City. The
committee members included Mark Mills, Budget Director; Chris Amarante, Director of
Construction and Facilities; Chris Swartz, Water Park Manager; Michael Steadham,
Systems Administrator; and Joe Pack, Senior Park Planner.
The committee met on December 4, 2008. The committee evaluated the following
criteria:
Proposed Contract Amount
Contract Time
Key Project Personnel with Similar Project Experience
References and Quality Performance Record from Previous Work
Financial and Organizational Stability
Claims History and Litigation Experience
Adequate and Complete Response to Requested Information
Proposed Swimming Pool Subcontractor
After thorough discussion and evaluation, the committee selected Workman
Commercial Construction Services, Ltd. as the "best value" for the City with the
recommendation to accept the base proposal and alternate proposals 1 (waterfall), 2
(soil conditioning) and 6 (May 31St completion). While Workman Commercial was
selected as the best value for the City based on the above criteria, they also provided
the lowest pricing with the selected alternates.
Accepting the base proposal pricing along with the three selected alternates brings the
total proposal pricing to $2,059,132. The total available funding for the construction of
the project, in the amount of $2,017,517.35, is comprised of funding allocated in the
Third Phase Attraction, Strategic Plan - Restrooms and the Infrastructure Sizing — SW
Development Area accounts.
In accordance with the Purchasing Policy governing Competitive Sealed Proposals,
staff worked with Workman Commercial to explore value engineering methods in order
to bring the total contract amount within available funding without affecting the scope or
the overall entertainment value of the project.
Staff and Workman Commercial identified $91,300 in reductions by selecting alternative
materials such as the use of natural stone in lieu of artificial rock for the waterfall area
and alternate fixtures and piping products in the pool mechanical building, bringing the
total proposed contract amount to $1,967,832. The remaining balance of $49,685.35,
between the total contract amount and the available funding will be used to install the
landscaping in- house, as alternate 5 was not selected for cost saving measures, and for
the purchase of deck furniture.
Workman Commercial is an Arlington based company with extensive construction
experience. They successfully completed The Accelerator at NRH2O in the spring of
2007.
Recommendation:
To Award a Contract to Workman Commercial Construction Services, LTD, in the
amount of $1,967,832 for the Construction of the Third Phase Attraction and Restroom
Facility at NRH2O.
.1% S
•
..........
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�61
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•
E
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 12 -22 -2008
Presented by: David Pendley Agenda No. F.2
Subject: GN 2008 -121 Consideration of Adopting the 2006 International Residential
Code as Amended - Ordinance No. 3035
Case Summary:
In a continuing effort to update our current building codes, Staff brings forth
consideration of the 2006 International Residential Code for One and Two - Family
Dwellings. This is the second of three phases necessary to complete our building code
update, with the first phase having previously adopted the International Building Code,
the International Fire Code, and the National Electrical Code. This action of adopting
the International Codes is also consistent with the surrounding communities.
The Council appointed Construction Code Board of Appeals (which serves as our
Technical Code Review Committee) concluded their meeting on December 2nd, 2008,
and recommends approval of the 2006 International Residential Code (IRC) as modified
by local and regional amendments recommended by the North Central Texas Council of
Governments.
2006 International Residential Code
In our area of the country, the 2006 IRC will have minimal impact on the current
requirements that architects, engineers & builders must meet. However, there are a few
changes that will come into effect.
Below is a brief list of items that will be changing under the 2006 IRC:
• Chemically field treatment of cuts and bores in treated wood resting on a
foundation slab.
• Termite treatment must be documented when using soil and baiting treatments.
• Wood studs of exterior walls must be of 2 X 6's in 14 feet tall single story homes
& 12 feet tall two story homes.
• Building paper, "Tyvek ", or other moisture barrier is required on wood framed
homes.
• Exterior walls less than 5 feet -0 inches from property line must be fire rated.
• Windows at least 36 inches above stairs and landings no longer required to be
tempered.
• Windows over 6 feet above exterior grade to have the lowest portion of the
opening at least 24 inches above interior floor.
• Roof trusses to be designed to carry attic storage loads if 42 inches of headroom
is provided.
• Attics may now be unventilated (with restrictions)
• Water heater access doors to be insulated and self - closing.
• Gas piping to be marked every 5 feet; with medium pressure piping labeled on
ends
• Landing not required at stairs serving a garage if door doesn't swing over steps.
• Retaining walls taller than 3 feet require engineering; wood retaining walls taller
than 24 inches are prohibited
• Amendment requiring private streets to meet Public Works standards regarding
design, construction, inspection, and fees.
The citizens of North Richland Hills can be assured that since code changes are only
approved by voting members of the International Code Council, the changes are
deemed safe and appropriate for construction.
Recommendation:
To approve the recommendation of the Technical Code Review Committee and staff to
adopt the 2006 International Residential Code Ordinance No. 3035.
MINUTES OF THE MEETING OF THE
CONSTRUCTION CODE OF APPEALS BOARD OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
DECEMBER 2, 2008
1.
CALL TO ORDER
The meeting was called to order by Chairman Lynn Motheral at 6:05pm.
2.
ROLL CALL
PRESENT Place 1
Joe Crane
Place 2
Kurt Cameron
Place 3
Robert Nicholas
Place 4
Lynn Motheral
Place 5
John Klein
Place 6
Lloyd Robinson
ABSENT Place 7
W. D. McCarthy
CITY STAFF Building Official
Recording Secretary
Dave Pendley
Tanya Hope
3.
CONSIDERATION OF MINUTES FROM THE MAY 22, 2008 MEETING
APPROVED
Joe Crane motioned to approve the minutes of the May 22, 2008 meeting,
seconded by Lloyd Robinson. The motion carried unanimously (6 -0).
4.
OATH OF OFFICE OF NEW AND REAPPOINTED OFFICERS
Dave Pendley administered the Oath of Office to Lynn Motheral, Lloyd Robinson, and
Kurt Cameron.
5.
CONSIDERATION AND RECOMMENDATION TO ADOPT THE 2006
INTERNATIONAL PLUMBING CODE AND THE 2006 INTERNATIONAL
RESIDENTIAL CODE WITH LOCAL AMENDMENTS.
Dave Pendley opened the meeting by introducing the newest member, Kurt Cameron of
Cameron Classic Homes to the board.
Dave Pendley handed out an outline that summarizes the changes to the 2006
International Residential Code and 2006 International Plumbing Code.
Dave Pendley discussed changes to the 2006 International Plumbing Code and 2006
Residential Code with local amendments.
Changes to the 2006 International Residential Code include: termite protection, exterior
wall framing, windows, roofs, water heaters, gas piping, electrical, basements, garages,
residential ramps, and retaining walls.
During the discussion of the water heaters, Dave Pendley asked the board to make
suggestions on the changes to the code in regards to the self - closing doors that would
be required in the garage. It was suggested that in lieu of a self closing door that a
carbon monoxide detector be installed.
Changes to the 2006 International Plumbing Code include: TCEQ regulations, grease
traps, grease extractors, urinal partitions, diaphragm gauges, water level monitoring
devices on HVAC units, backflow devices on coffee machines, and temperature limiting
devices for public hand washing facilities, bathtubs, and whirlpools.
During the discussion of the TCEQ regulations that will become effective at the
beginning of the year, Dave Pendley discussed the new regulations as far as plan
review and inspections as well as permit fees.
The purpose of the updates are to remain current on the latest technologies and
construction methods, update building codes for state mandates, stay current with
surrounding communities and improve our ISO ratings.
Dave Pendley requested that Chairman Motheral ask for a motion on what was
discussed pending further discussion and revisions.
Kurt Cameron motioned to approve the motion, seconded by Robert Nicholas. The
motion carried unanimously (6 -0).
6.
ADJOURNMENT
With no further items to discuss, Chairman Motheral adjourned the meeting at 7:35pm.
Lynn Motheral, Chairman
NCH
ORDINANCE NO. 3035
AN ORDINANCE AMENDING CHAPTER 98 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES, AMENDING
REQUIREMENTS APPLICABLE TO PERMITS, REQUIRING AS BUILT
GRADING PERMITS, AMENDING REQUIREMENTS FOR
CERTIFICATES OF OCCUPANCY, CONTRACTOR REGISTRATION
ESTABLISHING EXCAVATION, GRADING AND FILL REGULATIONS,
ADDING PAVING STANDARD REQUIREMENTS FOR PRIVATE
STREETS, ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL
CODE AS AMENDED BY THE RECOMMENDED AMENDMENTS OF
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND
CITY TECHNICAL CODE COMMITTEE TOGETHER WITH STATE
MANDATED LANDSCAPE IRRIGATION RULES AS THE RESIDENTIAL
CODE OF THE CITY OF NORTH RICHLAND HILLS; PROVIDING FOR
SEVERABILITY; ESTABLISHING A PENALTY; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of North Richland Hills has determined that
water conservation and environmental protection are important issues and
concerns affecting the city; and
WHEREAS, properly - installed irrigation systems will conserve water, help avoid
wasteful use, and improve the overall quality of life for the citizens of North
Richland Hills; and
WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House
Bill 1656 amending Chapter 401 of the Texas Local Government Code to
require a city with a population of 20,000 or more to regulate the
installation of irrigation systems within the corporate limits of the city as
well as the city's extraterritorial jurisdiction; and
WHEREAS, the provisions herein are necessary to promote and protect the health,
safety, and welfare of the public by creating an urban environment that is
protective of the city's water supply and provides an enhanced quality of
life for the citizens of the City of North Richland Hills; and,
WHEREAS, the North Richland Hills City Council desires to amend its regulations for
permits and to establish restrictions for grading, fill and excavation and to
require private streets to be constructed to public street standards and to
adopt the 2006 International Residential Code with amendments
recommended by the North Central Texas Council of Governments and
city staff, together with state mandated landscape irrigation rules in order
to better provide for the safety of its residents and their property; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT Section 98 -62 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 98 -62. Failure to obtain a permit.
When work requiring a permit is found to be in progress or completed and no permit has
been issued for such work, the required permit fee shall be double the fee determined
according to the fee schedules contained in appendix A, or $500 plus the fee
determined according to the fee schedules contained in appendix A, whichever is
greater. This fee shall be charged to the contractor or homeowner doing all or part of
the work and may be appealed to the building official or fire marshal. Continued failure
to obtain a permit after having been duly notified is considered a violation of this
ordinance."
Section 2: THAT Section 98 -124 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"98 -124. Final as -built grading surveys.
The contractor of record shall provide a final "as- built" grading & drainage survey to the
building inspector prior to final inspection approval on all new construction (commercial
and residential), swimming pools, and other features which may affect the City's
engineered drainage designs. The grading and drainage survey must be prepared by a
licensed surveyor and must include site elevations, finish -floor elevations, site features
(i.e. trees, sod, A/C units, accessory buildings, etc.), drainage arrows, building foot
print(s) and fence locations. The survey must also include a written statement by a
licensed surveyor certifying that the final grading of the individual site conforms to the
engineered drainage and grading plans approved by the Public Works Department for
the particular lot/subdivision. The Building Inspection Department will not issue an
approval of the feature /lot/subdivision until this survey and corresponding certification
have been received and approved by the Building Official or his designee.
Section 3: THAT Section 98 -141 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 98 -141. 2006 International Residential Code adopted.
The International Residential Code for One and Two - Family Dwellings, 2006 Edition,
together with Appendix H of such Code, as adopted by the International Code Council,
Inc., a copy of which is on file in the office of the city secretary, as hereinafter amended,
is hereby adopted as the residential building code of the city, which governs the
construction of one - family and two- family dwelling units in the city."
Section 4: THAT Section 98 -142 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 98 -142. Amendments to the 2006 International Residential Code.
The 2006 International Residential code is amended as set forth in Exhibit A hereto."
Section 5: THAT Section 98 -184 (c) of the North Richland Hills Code of Ordinances
be amended to read as follows:
"Sec. 98 -184. Certificate of occupancy.
(c) In order to further compel compliance with this article, the building official may
order that no utility services be provided, and /or order the disconnection of utility
services (including electricity) to a building or portion thereof, which is used, occupied or
reoccupied without a valid certificate of occupancy or in violation of a current certificate
of occupancy. In the event that a leased portion of any building is in violation of this
article, the utilities provided to the entire building may be discontinued upon order of the
building official until the violation is abated. However, in the event that the portion of the
leased portion of the building which is in violation of the code is separately metered for
utility, then the building official's order to stop utilities shall apply only to that utility
provided to the portion of the building in violation of this article. The utility provider shall
give full force and effect to the order of the building official."
Section 6: THAT Section 98 -185 (e) and (f) of the North Richland Hills Code of
Ordinances be amended to read as follows:
"Sec. 98 -185. Contractor registration.
(e) A registration may be revoked by the Building Official for violating any part of this
code or violation of other city ordinances or for any other acts deemed a detriment to
the city or citizens. Registration may be revoked by the Building Official for due cause.
The Construction Board of Appeals may hear revocation appeals by applicants desiring
reinstatement.
(f) In addition to revocation by the Building Official found in section (e), the
Construction Code Appeals Board, at the discretion of the Building Official, may be
convened in order to consider an action against a current registration(s) due to poor
construction practices, lack of construction quality, repeat code violations, multiple
customer complaints, and similar issues. The Board may revoke, suspend, or assign
other probationary measures towards a registrant as a result of evidence presented to
the Board.
(1) The Construction Code Appeals Board shall have the authority to suspend
or revoke any registration issued under this section for acts by the
registrant including, but not limited to, the following:
a. Failure to observe a Stop Order issued under the building official
b. Initiating work in violation of the Board's decision or prior to
the Board's decision
C. Causing or permitting the unauthorized or prohibited transfer
or assignment of a valid registration, or providing false,
misleading or inaccurate information when applying for
registration
d. Failure to correct inspection report items
e. Repeated poor construction practices and lack of
construction quality
f. Repeat violations of other parts of this code or other city
ordinance
g. Multiple customer complaints
h. Conviction of the practice of any fraud or deceit in securing a
registration or a permit; conviction of the practice of any
fraud or deceit for an activity related to the construction
trade.
i. Accumulation of two (2) decisions of the Board to suspend
registration; or
j. Accumulation within a period of twelve (12) months of two
(3) Stop Orders issued under the building code
(2) Such suspension /revocation of registration shall be for a time as
determined by the board. After expiration of such period of time as the
Board shall have designated, and after payment of any outstanding fines
and the routine renewal fee if it has become due in the interim, the
suspended /revoked registration shall again become valid and effective for
the balance of its time until expiration or a subsequent suspension or
revocation.
(3) Suspension or Revocation Hearing. In considering charges under this
article regarding suspension or revocation of a registration, the Building
Code Board of Appeals shall proceed upon sworn information furnished it
by any person. Such information shall be in writing and shall be duly
verified by the person familiar with the allegations made. The Board shall
make an order setting the matter for hearing at a specified time and place,
and the Secretary of the Board shall cause a copy of the Board's order
and of the sworn information to be served upon the Registrant by
registered mail at least fifteen (15) days before the date set for the
hearing. The Registrant may appear in person or by counsel at the time
and place named in the order and present a defense to the Board. The
City Attorney for the City of North Richland Hills shall provide counsel for
the Board. If the Registrant fails or refuses to appear, the Board may
proceed to hear and determine the charge in the registrant's absence. If
the registrant pleads guilty or if upon a hearing the Board finds any of the
charges to be true, it may enter an order suspending or revoking the
certificate of registration. Failure to properly perfect an appeal in a court
of competent jurisdiction within ten (10) days of receipt of the Board's
decision shall render the Board's decision final. Suspension or revocation
of a registration resulting from a decision of the Board shall preclude the
Registrant from securing a permit for work controlled by that registration in
the City of North Richland Hills or from becoming so registered under any
different identification as long as the suspension or revocation is in effect."
Section 7: THAT Section 98 -191 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 98 -191. Site grading, excavation and fill supervised by building permits.
Grading, excavation and fill regulations for development of sites supervised by building
permits shall be as follows:
(1) Excavations or fills of a building site shall grade permanent slopes no
steeper than three feet (914.4 mm) horizontal to one foot (304.8) vertical.
(2) Exception to subsection (1) of this section may be permitted by the
building official upon review and approval of slope and erosion control
design based on site - specific soil investigation.
(3) Retaining walls may be constructed to correct excessive slopes. All
retaining walls in excess of three feet in height as measured from the base
of the footing to the top of the wall must be designed by a professional
engineer licensed to practice in the state. For the purpose of this section,
the height of multiple retaining walls is cumulative if the top of the higher
wall is intersected by a line drawn 45 degrees from the horizontal from the
bottom of the lower wall to the top of the higher wall. Retaining walls shall
be maintained in a manner which does not constitute a public hazard to
persons or property. All retaining walls shall be maintained reasonably
plumb and structurally sound. Any retaining wall which is severely
deteriorated and /or constitutes a public hazard to persons or property as
determined by the Building Official, or is ten (10) degrees or more out of
plumb shall be repaired, replaced, removed.
(4) Retaining walls less than three feet (1,219.2 mm) in height shall be
designed by a professional engineer licensed to practice in the state if the
wall is supporting loads imposed by other than the soil retained by the
wall.
(5) Wood retaining walls greater than 24 inches shall be prohibited.
(6) Site grading shall be done in conformance with approved subdivision
grading plans. Where such grading plans do not exist, the permit applicant
must submit grading plans for review and approval in accordance to
section 98 -196. Lot drainage may not cross more than one adjacent lot
before the water is discharged to the street or a designated drainage
easement.
(7) Erosion control shall be provided by an approved method which may
include:
a. Continuous block sod;
b. Siltation screening;
C. A silt collection pond when approved by the director of public
works;
d. other storm water pollution controls accepted by the director of
public works and the Texas Commission of Environmental Quality.
(8) Dust control shall be provided by approved watering methods or by other
means approved by the building official or the director of public works."
Section 8: That Section 98 -192 of the North Richland Hills Code of Ordinances be
amended to read as follows:
"Sec. 98 -192. Site grading, excavation and fill not supervised by building permits.
Unless otherwise supervised by a building permit, no person shall increase or decrease
the elevation of a lot, tract, or parcel of land by six inches (152.4 mm), or more, from the
original elevation, on an area of 1,000 square feet (304,800 mm), or more, unless a
grading and excavation permit has been obtained from the director of public works. For
the purpose of this section, the original elevation shall be considered the elevation that
existed five years prior to the application date of the grading and excavation permit. A
grading and excavation permit shall comply with the following:
(1) When the area proposed to be graded, excavated or filled is located within
the limits of the 100 -year flood area, approval of a separate development
permit issued by the floodplain administrator shall be required as a
prerequisite to the approval of the grading and excavation permit.
(2) The grading and excavation permit shall indicate whether the soil will or
will not be compacted according to the requirements of the building code
and, when compacted, the applicant shall provide the director of public
works with compaction reports.
(3) When the area proposed to be cut or filled is a building site for a
permanent structure or parking area, the compaction requirements
contained in the building code shall be required as a condition to the
approval of the grading and excavation permit.
(4) Erosion control shall be provided by one of the following means:
a. Continuous block sod;
b. Siltation screening;
C. A silt collection pond when approved by the director of public
works;
d. other storm water pollution controls accepted by the director of
public works and the Texas Commission of Environmental Quality.
(5) Dust control shall be provided by approved watering methods or by other
means approved by the director of public works.
(6) The method of dust and erosion control shall be indicated on the grading
and excavation permit application. Erosion control shall be maintained
until vegetative cover is reestablished. The property owner shall remove
the erosion control materials upon the city's request"
Section 9: THAT Section 98 -202 of the North Richland Hills Code of Ordinances be
amended by adding thereto a new subsection (4) which shall read as
follows:.
"Sec. 98 -202. Paving standards for parking and maneuvering areas.
(4) Private Streets and Roads. Private streets and roads that may be utilized
as the means of access by public and /or private services, and which may
function similar in character to a publicly dedicated street, shall be
designed and constructed in accordance with the Public Works Design
Manual regarding materials, construction methods, and required
inspections. Prior to construction of any such streets, the City shall collect
Plan Review Fees and Inspection Fees in accordance with the City's Fee
Table."
Section 10: All other ordinances or parts of ordinances in conflict herewith, are hereby
repealed to the extent that they are in conflict. Such other Ordinances are
hereby saved from repeal to the extent they do not conflict herewith.
Section 11: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional or otherwise invalid by
the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the city council without the incorporation in
this ordinance of any such invalid phrase, clause, sentence, paragraph or
section.
Section 12: Violation of any provision of this ordinance or the International Residential
Code herein amended which governs fire safety and public health, shall
be punished by a fine of not more than Two Thousand Dollars
($2,000.00). All other violations shall be punished by a fine not exceeding
Five Hundred Dollars ($500.00). Each day any violation shall continue
shall constitute a separate offense.
Section 13: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this
ordinance.
Section 14: This Ordinance shall become effective immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 22nd day of December, 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:
John Pitstick, Planning & Development Director
EXHIBIT A - ORDINANCE NO. 3035
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two -
family Dwellings of the City of North Richland Hills, and shall be cited as such and will be
referred to herein as "this code."
"Amend section R102.4; change to read as follows:
R102.4 Referenced codes and standards. The codes, when specifically adopted, and
standards referenced in this code shall be considered part of the requirements of this code to
the prescribed extent of each such reference. Whenever amendments have been adopted to
the referenced codes and standards, each reference to said code and standard shall be
considered to reference the amendments as well. Any reference made to NFPA 70 or the ICC
Electrical Code shall mean the Electrical Code as adopted.
Where differences occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
Exception: Where enforcement ... {remainder of exception unchanged.}....
"Section R102.7; change to read as follows:
The legal occupancy of any structure existing on the date of adoption of this code shall be
permitted to continue without change, except as is specifically covered in this code, the
International Fire Code or Chapter 89, Article X of North Richland Hills Code of Ordinances, or
as is deemed necessary by the building official for the general safety and welfare of the
occupants and the public.
"Section R105.2, item #1, 2, 3, 5, 10, 11, 12; change to read as follows:
1. One -story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed 200 square feet.
2. Replacement of up to four eight -foot long sections of fence.
3. Retaining walls which are not over 3 feet in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge or impounding class I, II or
III -A liquids. (Retaining walls placed in succession shall be considered one wall if, upon
drawing a line from the bottom of the footing of the lower wall at a 45- degree angle up
and towards the higher wall. The line intersects the higher wall or any material retained
by the wall at any point.) Retaining walls 3 feet or taller must be designed by an engineer
licensed to practice in the State of Texas.
5. Sidewalks and other flatwork less than 200 SF in areas not located in a driveway, the
public right -of -way, or more than 30 inches above grade, and not over a basement or
story below, and are not part of an accessible route or intended for public use.
10. Wooden decks meeting section R302.1 that do not contain a roof and /or walking surface
more than 24 inches above g rade.
11. Roof repairs on group R, division 3 and their accessory structures. For the purpose of
this section, roof repairs shall include the repair and replacement of the material above,
but not including, the decking material, lathing boards or sheathing boards. The building
official may revoke this exception during periods of federal or state disaster relief efforts;
in which case a building permit and contractor registration is required prior to
commencement of roofing repair /replacement activities.
12. Freestanding satellite dishes not exceeding one meter in diameter that do not exceed 12
feet in height.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction.
"Section R105.3.2; change to read as follows:
R105.3.2 Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned 90 days after the date of filing unless such
application has been pursued in good faith or a permit has been issued; except that the building
official is authorized to grant one or more extension of time for additional period not exceeding
90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
"Section R105.5; change to read as follows:
R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by
such permit is commenced within 90 days after its issuance, or if the work authorized by such
permit is suspended or abandoned for a period of 90 days after the time the work is
commenced. The building official is authorized to grant, in writing, one or more extensions of
time, for periods not more than 90 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
"Section R109.1.3; change to read as follows:
R109.1.3 Floodplain inspections. For construction permitted in areas prone to flooding as
established by Table R301.2(1), upon ... fbulk of section unchanged} ... construction, the
building official may 6hall require submission ... fremainder of section unchanged}.
"Section R110.1; change to read as follows:
R110.1 Use and Occupancy. No building or structure shall be used or occupied until the code
official has issued an approved final inspection report. The approval of a final inspection shall
not be construed as an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Approved final inspections presuming to give authority to violate
or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Exceptions:
1. Final inspections are not required for work exempt from permits under
Section R105.2
2. Accessory buildings or structures exempt from permits under Section R105.2
** Section R110.3; delete section.
"Section R110.4; change section to read as follows:
Temporary Occupancy. The building official is authorized to grant temporary occupancy
before completion of the entire work covered by the permit, provided that such portion of
portions shall be occupied safely. The building official shall set a time period during which the
temporary occupancy is valid.
"Section R110.5; change section to read as follows:
R110.5 Revocation. The building official shall, in writing, suspend or revoke temporary or
permanent occupancy issued under the provisions of this code wherever the occupancy is
granted in error, or on the basis of incorrect information supplied, or where it is determined that
the building or structure or portion thereof is in violation of any ordinance or regulation of any of
the provisions of this code.
"Section R112.2.1; delete section
"Section R112.2.2; delete section
'Section R202; add the following definition:
GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and
including sash, curbing or other framing elements that enclose conditioned space. Glazing area
includes the area of glazed fenestration assemblies in walls bounding conditioned basements.
For doors where the daylight opening area is less that 50 percent of the door area, the glazing
area is the daylight opening area. For all other doors, the glazing area is the rough opening
area for the door including the door and the frame.
"Section R202; change definition of "Townhouse" to read as follows:
TOWNHOUSE. A single - family dwelling unit constructed in a group of three or more attached
units separated by property lines in which each unit extends from foundation to roof and with
open space on at least two sides.
*''Table R301.2(1); fill in as follows:
GROUND SNOW LOAD
WIND SPEED (mph)
SEISMIC DESIGN CATEGORY
5 Ib /ft2
90 (3- sec - gust) /75 fastest mile
A
SUBJECT TO DAMAGE FROM
Weathering'
Frost line depth
Termite
moderate
6"
very heavy
WINTER DESIGN
TEMPe
ICE SHIELD UNDER-
LAYMENT REQUIRED
FLOOD
HAZARDS9
AIR FREEZING
INDEX'
MEAN ANNUAL
TEMP'
22 °F
No
local code
69 °F
64.9 °F
No change to footnotes
"Section R303.3, exception; change to read as follows:
Exception: The glazed areas shall not be required where artificial light and a mechanical
ventilation system, complying with one of the following, are provided.
1. The minimum ventilation rates shall be 50 cfm (24 L /s) for intermittent ventilation or
20 cfm (10 L /s) for continuous ventilation. Ventilation air from the space shall be
exhausted directly to the outside.
2. Bathrooms that contain only a water closet, lavatory or combination thereof may be
ventilated with an approved mechanical recirculating fan or similar device designed to
remove odors from the air.
"Section R303.8; change to read as follows:
R303.8 Required heating. Every dwelling unit shall be provided with heating facilities capable
of maintaining a minimum room temperature of 68 °F (20 °C) at a point 3 feet (914 mm) above
the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design
temperature. (Remainder of section unchanged}
"Section R311.2.2; change to read as follows:
R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls,
under stair surface and any soffits protected on the enclosed side with 5/8 -inch (15.8 mm) fire -
rated gypsum board or one -hou r fire - resistive construction.
"Section 8317.1; replace exception #2 to read as follows:
Exceptions:
1. (existing exception unchanged}
2. Two - family dwelling units that are also divided by a property line through the
structure shall be separated as required for townhouses.
'Section R317.1; add a third exception to read as follows:
Exceptions:
1. (existing exception unchanged}
2. {existing exception unchanged}
3. Two - family dwelling units that are also divided by a property line through the structure
shall be separated as required for townhouses.
"Section R319.1 item #3; change to read as follows:
3. Sills and sleepers on a concrete or masonry slab that is in direct contact with the
ground.
'Section R324.1; change to read as follows:
R324.1 General. Buildings and structures, when permitted to be constructed in whole or in part
in flood hazard areas (including A or V Zones) as established in Table R301.2(1) shall be
designed and constructed as required in accordance with the provisions contained in this
section or by other local provisions as applicable.
'Section R703.7.4.1; add a second paragraph to read as follows:
For 2.67 square feet (0.248 m2) of wall area, the following dimensions shall be adhered to:
1. When ties are placed on studs 16 in (407 mm) o.c., they shall be spaced no further apart
than 24 in (737 mm) vertically starting approximately 12 in (381 mm) from the foundation.
2. When ties are placed on studs 24 in (610 mm) o.c., they shall be spaced no further apart
than 16 in (483 mm) vertically starting approximately 8 in (254 mm) from the foundation.
* *Add Section R902.3 to read as follows:
R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual
replacement shingles or shakes shall be a minimum Class C.
Exception: Non - classified roof coverings shall be permitted on buildings of U
occupancies having not more than 120 sq.ft. of projected roof area. When exceeding
120 sq.ft. of projected roof area, buildings of U occupancies may use non -rated non-
combustible coverings.
* *Section R907.1; add a sentence to read as follows:
All individual replacement shingles or shakes shall comply with Section R902.3.
* *Section R907.3; delete item #4.
* *Amend Section N1101.2.1 to read as follows:
N1101.2.1 Warm humid counties. Warm humid counties are listed in Table N1101.2.1 and
Table N1 101.2.2.
* *Replace Section N1101.7 to read as follows:
N1101.7 Alternative compliance. A building certified by a national, state, or local accredited
energy efficiency program and determined by the Energy Systems Laboratory to be in
compliance with the energy efficiency requirements of this section may, at the option of the
Code Official, be considered in compliance. The United States Environmental Protection
Agency's Energy Star Program certification of energy code equivalency shall be considered in
compliance.
* *Replace Figure NI 141.2 to read as follows:
DRY (B) MOIST (A)
.4 t{ti ;l; 7d. Ilo,tcu t a, ��3.4
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0.rt
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,1 [ •,,IM0IU[rPPl 1 Sl1 � l
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FISH Iin _ t `�_ zv
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Ii; _ IU►
i
V
SWfp? 4 ;qw 11114P�PSAf11l�
lf, . rim
K f Yt Lnv {e' i\ — ,,• - ,rte alu
i
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Yll�l'fTll fullBE115?t�+ i WORD �.:ANt DPTOw y;•yl �'M , - �''••,,•- --ry ..° `
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.�,a�'�1•. �a, �W.
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'n4• .4Vf !.'• Ilti'. •x,;•iY„k,l:�. A'w ".:. 'Jq -'`. 1' ��.AI
Y9¢►.'. � ViK �:iu
Figure N1101. 2 TEXAS CLIMATE ZONES
D
7R�HGf
** *Replace Table N1101.2.1 to read as follows:
2.2
2.2
2.2
2.1
2.2
2.2
2.1
2.1
2.2
2.2
2.2
2.2
2.2
2.1
2.2
2.2
2.2
2.1
2.1
2.1
2.2
2.2
2.1
TABLE N1101.2.1
CLIMATE ZONES
AND SUB CLIMATE ZONES
FOR TEXAS
Zone 2
ANDERSON
2.2
DE WITT
2.1
JIM HOGG
2.1
ORANGE
ANGELINA
2.2
DIMMIT
2.1
JIM WELLS
2.1
POLK
ARANSAS
2.1
DUVAL
2.1
KARNES
2.1
REAL
ATASCOSA
2.1
EDWARDS
2.2
KENEDY
2.1
REFUGIO
AUSTIN
2.2
FALLS
2.2
KINNEY
2.2
ROBERTSON
BANDERA
2.2
FAYETTE
2.2
KLEBERG
2.1
SAN JACINTO
BASTROP
2.2
FORT BEND
2.2
LA SALLE
2.1
SAN PATRICIO
BEE
2.1
FREESTONE
2.2
LAVACA
2.2
STARR
BELL
2.2
FRIO
2.1
LEE
2.2
TRAVIS
BEXAR
2.2
GALVESTON
2.1
LEON
2.2
TRINITY
BOSQUE
2.2
GOLIAD
2.1
LIBERTY
2.2
TYLER
BRAZORIA
2.1
GONZALES
2.2
LIMESTONE
2.2
UVALDE
BRAZOS
2.2
GRIMES
2.2
LIVE OAK
2.1
VAL VERDE
BROOKS
2.1
GUADALUPE
2.2
MADISON
2.2
VICTORIA
BURLESON
2.2
HARDIN
2.2
MATAGORDA
2.1
WALKER
CALDWELL
2.2
HARRIS
2.2
MAVERICK
2.1
WALLER
CALHOUN
2.1
HAYS
2.2
MCLENNAN
2.2
WASHINGTON
CAMERON
2.1
HIDALGO
2.1
MCMULLEN
2.1
WEBB
CHAMBERS
2.2
HILL
2.2
MEDINA
2.2
WHARTON
CHEROKEE
2.2
HOUSTON
2.2
MILAM
2.2
WILLACY
COLORADO
2.2
JACKSON
2.1
MONTGOMERY
2.2
WILLIAMSON
COMAL
2.2
JASPER
2.2
NEWTON
2.2
WILSON
CORYELL
2.2
JEFFERSON
2.2
NUECES
2.1
ZAPATA
2.2
2.2
2.2
2.1
2.2
2.2
2.1
2.1
2.2
2.2
2.2
2.2
2.2
2.1
2.2
2.2
2.2
2.1
2.1
2.1
2.2
2.2
2.1
Zone 3
ANDREWS
3.2
EL PASO
3.2
KERR
3.1
ROCKWALL
3.2
ARCHER
3.3
ELLIS
3.2
KIMBLE
3.1
RUNNELS
3.2
BAYLOR
3.3
ERATH
3.2
KING
3.3
RUSK
3.2
BLANCO
3.1
FANNIN
3.2
KNOX
3.3
SABINE
3.2
BORDEN
3.3
FISHER
3.2
LAMAR
3.2
SAN AUGUSTINE
3.2
BOWIE
3.2
FOARD
3.3
LAMPASAS
3.2
SAN SABA
3.2
BREWSTER
3.1
FRANKLIN
3.2
LLANO
3.1
SCHLEICHER
3.1
BROWN
3.2
GAINES
3.3
LOVING
3.2
SCURRY
3.3
BURNET
3.1
GARZA
3.3
LUBBOCK
3.3
SHACKELFORD
3.2
CALLAHAN
3.2
GILLESPIE
3.1
LYNN
3.3
SHELBY
3.2
CAMP
3.2
GLASSCOCK
3.2
MARION
3.2
SMITH
3.2
CASS
3.2
GRAYSON
3.2
MARTIN
3.2
SOMERVELL
3.2
CHILDRESS
3.3
GREGG
3.2
MASON
3.1
STEPHENS
3.2
CLAY
3.3
HALL
3.4
MCCULLOCH
3.2
STERLING
3.2
COKE
3.2
HAMILTON
3.2
MENARD
3.1
STONEWALL
3.3
COLEMAN
3.2
HARDEMAN
3.3
MIDLAND
3.2
SUTTON
3.1
COLLIN
3.2
HARRISON
3.2
MILLS
3.2
TARRANT
3.2
COLLINGSWORTH
3.3
HASKELL
3.2
MITCHELL
3.2
TAYLOR
3.2
COMANCHE
3.2
HEMPHILL
3.4
MONTAGUE
3.2
TERRELL
3.1
CONCHO
3.2
HENDERSON
3.2
MORRIS
3.2
TERRY
3.3
COOKE
3.2
HOOD
3.2
MOTLEY
3.3
THROCKMORTON
3.2
COTTLE
3.3
HOPKINS
3.2
NACOGDOCHES
3.2
TITUS
3.2
CRANE
3.2
HOWARD
3.2
NAVARRO
3.2
TOM GREEN
3.2
CROCKETT
3.1
HUDSPETH
3.2
NOLAN
3.2
UPSHUR
3.2
CROSBY
3.3
HUNT
3.2
PALO PINTO
3.2
UPTON
3.2
CULBERSON
3.2
IRION
3.2
PANOLA
3.2
VAN ZANDT
3.2
DALLAS
3.2
JACK
3.2
PARKER
3.2
WARD
3.2
DAWSON
3.3
JEFF DAVIS
3.2
PECOS
3.2
WHEELER
3.4
DELTA
3.2
JOHNSON
3.2
PRESIDIO
3.1
WICHITA
3.3
DENTON
3.2
JONES
3.2
RAINS
3.2
WILBARGER
3.3
DICKENS
3.3
KAUFMAN
3.2
REAGAN
3.2
WINKLER
3.2
EASTLAND
3.2
KENDALL
3.1
RED RIVER
3.2
WISE
3.2
ECTOR
3.2
KENT
3.3
REEVES
3.2
WOOD
3.2
YOUNG
3.2
Zone 4
ARMSTRONG
DEAF SMITH
HOCKLEY
PARMER
BAILEY
DONLEY
HUTCHINSON
POTTER
BRISCOE
FLOYD
LAMB
RANDALL
CARSON
GRAY
LIPSCOMB
ROBERTS
CASTRO
HALE
MOORE
SHERMAN
COCHRAN
HANSFORD
OCHILTREE
SWISHER
DALLAM
HARTLEY
OLDHAM
YOAKUM
** *Add Table N1101.2.2 to read as follows:
** *Amend Section N1102.1 Insulation and fenestration criteria. to read as follows:
1102.1 Insulation and fenestration criteria. The building thermal envelope shall meet the
requirements of Table N1102.1 based on the climate zone specified in Table N1101.2.
When compliance using Table 1102.1 is demonstrated with a ceiling R -value of R30 or less, no
more than 33% of the total projected ceiling area may be of cathedral type construction (ceiling
joist/roof rafter assembly) and the required insulation R -value may be reduced to a minimum of
R22 insulation when the remaining ceiling area insulation is increased to R38.
TABLE N1101.2.2
WARM HUMID COUNTIES FOR TEXAS
ANDERSON
2.2
DUVAL
2.1
KAUFMAN
3.2
RED RIVER
3.2
ANGELINA
2.2
EDWARDS
2.2
KENDALL
3.1
REAL
2.2
ARANSAS
2.1
ELLIS
3.2
KENEDY
2.1
REFUGIO
2.1
ATASCOSA
2.1
ERATH
3.2
KINNEY
2.2
ROBERTSON
2.2
AUSTIN
2.2
FALLS
2.2
KLEBERG
2.1
ROCKWALL
3.2
BANDERA
2.2
FAYETTE
2.2
LA SALLE
2.1
RUSK
3.2
BASTROP
2.2
FORT BEND
2.2
LAMAR
3.2
SABINE
3.2
BEE
2.1
FRANKLIN
3.2
LAMPASAS
3.2
SAN AUGUSTINE
3.2
BELL
2.2
FREESTONE
2.2
LAVACA
2.2
SAN JACINTO
2.2
BEXAR
2.2
FRIO
2.1
LEE
2.2
SAN PATRICIO
2.1
BLANCO
3.1
GALVESTON
2.1
LEON
2.2
SAN SABA
3.2
BOSQUE
2.2
GILLESPIE
3.1
LLANO
3.1
SHELBY
3.2
BOWIE
3.2
GOLIAD
2.1
LIBERTY
2.2
SMITH
3.2
BRAZORIA
2.1
GONZALES
2.2
LIMESTONE
2.2
STARR
2.1
BROWN
3.2
GREGG
3.2
LIVE OAK
2.1
SOMMERVELL
3.2
BRAZOS
2.2
GRIMES
2.2
MADISON
2.2
TARRANT
3.2
BROOKS
2.1
GUADALUPE
2.2
MARION
3.2
TITUS
3.2
BURLESON
2.2
HAMILTON
3.2
MATAGORDA
2.1
TRAVIS
2.2
BURNET
3.1
HARDIN
2.2
MAVERICK
2.1
TRINITY
2.2
CALDWELL
2.2
HARRIS
2.2
MCLENNAN
2.2
TYLER
2.2
CALHOUN
2.1
HARRISON
3.2
MCMULLEN
2.1
UPSHUR
3.2
CAMERON
2.1
HAYS
2.2
MEDINA
2.2
UVALDE
2.2
CHAMBERS
2.2
HENDERSON
3.2
MILAM
2.2
VAL VERDE
2.2
CAMP
3.2
HIDALGO
2.1
MILLS
3.2
VAN ZANDT
3.2
CASS
3.2
HOOD
3.2
MONTGOMERY
2.2
VICTORIA
2.1
CHEROKEE
2.2
HOPKINS
3.2
MORRIS
3.2
WALKER
2.2
COLLIN
3.2
HILL
2.2
NACOGDOCHES
3.2
WALLER
2.2
COLORADO
2.2
HOUSTON
2.2
NAVARRO
3.2
WASHINGTON
2.2
COMAL
2.2
HUNT
3.2
NEWTON
2.2
WEBB
2.1
COMANCHE
3.2
JACKSON
2.1
NUECES
2.1
WHARTON
2.1
CORYELL
2.2
JASPER
2.2
ORANGE
2.2
WILLACY
2.1
DALLAS
3.2
JEFFERSON
2.2
PALO PINTO
3.2
WILLIAMSON
2.2
DELTA
3.2
JIM HOGG
2.1
PANOLA
3.2
WILSON
2.2
DENTON
3.2
JIM WELLS
2.1
PARKER
3.2
WOOD
3.2
DE WITT
2.1
JOHNSON
3.2
POLK
2.2
ZAPATA
2.1
DIMMIT
2.1
KARNES
2.1
RAINS
3.2
ZAVALA
2.1
** *Amend Section N1102.1 Insulation and fenestration criteria. to read as follows:
1102.1 Insulation and fenestration criteria. The building thermal envelope shall meet the
requirements of Table N1102.1 based on the climate zone specified in Table N1101.2.
When compliance using Table 1102.1 is demonstrated with a ceiling R -value of R30 or less, no
more than 33% of the total projected ceiling area may be of cathedral type construction (ceiling
joist/roof rafter assembly) and the required insulation R -value may be reduced to a minimum of
R22 insulation when the remaining ceiling area insulation is increased to R38.
** *Replace Table N1102.1 to read as follows:
TABLE N1102.1
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT (TEXAS)a
MAX
GLAZED
MASS
CLIMATE
AREA TO
MAX
MAX
WALL
MIN
MIN
MIN
- SUB
WALL
GLAZED
SKYLIGHT
MAX GLAZED
MIN
MIN WOOD
R-
FLOOR
BASEMENT
MIN SLAB
CRAWL
CLIMATE
AREA
FENESTRATIO
U-
FENESTRATION
CEILING
FRAME WALL
VALUE
R-
WALL
R -VALUE
SPACE WALL
ZONE
RATIO
N U- FACTOR
FACTOR
SHGC
R -VALUE
R -VALUE
VALUE
R -VALUE
& DEPTH
R -VALUE
15
0.75
0.75
0.358
19
13
6
19
0
0
5
20
0.70
0.75
0.38
30
13
6
19
0
0
5
21
25
0.65
0.75
0.35
30
13
6
19
0
0
5
30
0.54
0.75
0.35
38
13
6
19
0
0
5
15
0.65
0.75
0.38
30
13
6
19
5
0
6
20
0.65
0.75
0.38
38
13
6
19
6
0
6
2.2
25
0.54
0.75
0.35
38
13
6
19
8
0
10
30
0.46
0.75
0.35
38
16,13+
6
19
8
0
10
3.7e
15
0.65
0.65
0.40
30
13
6
19
5
0
6
20
0.55
0.65
0.40
38
13
6
19
5
0
6
3.1
25
0.54
0.65
0.35
38
13
6
19
8
0
10
30
0.46
0.65
0.35
38
16,13+
7
19
8
0
10
e
3.7
15
0.60
0.65
0.40
30
13
6
19
6
0
7
20
0.54
0.65
0.40
38
13
6
19
6
0
7
25
0.51
0.65
0.40
38
16,13+
7
19
6
0
7
3.2
3.7e
30
0.46
0.65
0.38
38
16, 13+
7
19
6
0
7
3.7e
15
0.51
0.65
0.40
30
13
6
19
7
0
8
20
0.45
0.65
0.40
38
13
6
19
7
0
9
25
0.40
0.65
0.40
38
16,13+
7
19
7
0
9
3.3
e
3.7
30
0.40
0.65
0.40
38
19,13+
9
19
7
0
9
e
8.1
TABLE N1102.1 (continued)
For SI: 1 foot = 304.8 mm.
a. R- values are minimums. U- factors and SHGC are maximums. R -19 shall be permitted to be compressed into a 2 x 6 cavity.
b. The fenestration U- factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. R -5 shall be added to the required slab edge R- values for heated slabs.
d. The total R -value may be achieved with a combination of cavity insulation and insulating sheathing that covers 100% of the exterior wall.
e. The wall insulation may be the sum of the two values where the first value is the cavity insulation and the second value is insulating sheathing. The combination of cavity
insulation plus insulating sheathing may be used where structural sheathing covers not more than 25% of the exterior wall area and insulating sheathing is not required
where structural sheathing is used. If structural sheathing covers more than 25% of exterior wall area then the wall insulation requirement may only be satisfied with the
single insulation value.
MAX
GLAZED
MASS
CLIMATE
AREA TO
MAX
MAX
WALL
MIN
MIN
MIN
-SUB
WALL
GLAZED
SKYLIGHT
MAX GLAZED
MIN
MIN WOO D
R-
FLOOR
BASEMENT
MIN SLAB
CRAWL
CLIMATE
AREA
FENESTRATIO
U-
FENESTRATION
CEILING
FRAME WALL
d
VALUE
R-
WALL
R -VALUE
SPACE WALL
ZONE
RATIO
N U- FACTOR
FACTOR
SHGC
R -VALUE
R -VALUE
VALUE
R -VALUE
& DEPTH`
R -VALUE
15
0.45
0.60
NR
38
13
6
19
8
5,2 ft
11
20
0.37
0.60
NR
38
13
6
19
8
6, 2 ft
13
25
0.37
0.60
NR
38
19,13+
9
19
8
6, 2 ft
13
3.4
e
8.1
30
0.37
0.60
NR
38
19, 13+8.1
9
30
8
6, 2 ft
13
e
15
0.45
0.60
NR
38
13
8
19
8
5, 2 ft
11
20
0.37
0.60
NR
38
13
8
19
9
6, 2 ft
13
25
0.37
0.60
NR
38
19, 13+
10
19
9
6, 2 ft
13
4
1
e
8.1
30
0.37
0.60
NR
38
19,13+
10
30
9
6, 2 ft
13
8.1e
For SI: 1 foot = 304.8 mm.
a. R- values are minimums. U- factors and SHGC are maximums. R -19 shall be permitted to be compressed into a 2 x 6 cavity.
b. The fenestration U- factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. R -5 shall be added to the required slab edge R- values for heated slabs.
d. The total R -value may be achieved with a combination of cavity insulation and insulating sheathing that covers 100% of the exterior wall.
e. The wall insulation may be the sum of the two values where the first value is the cavity insulation and the second value is insulating sheathing. The combination of cavity
insulation plus insulating sheathing may be used where structural sheathing covers not more than 25% of the exterior wall area and insulating sheathing is not required
where structural sheathing is used. If structural sheathing covers more than 25% of exterior wall area then the wall insulation requirement may only be satisfied with the
single insulation value.
'Replace Table N1102.1.2 to read as follows:
TABLE N1102.1.2
EQUIVALENT U- FACTORSa
CLIMATE -
SUB
CLIMATE
ZONE
MAX
GLAZED
AREA TO
WALL AREA
RATIO
MAX
GLAZED
FENESTRATION
U- FACTOR
MAX
SKYLIGHT
U- FACTOR
MAX
CEILING
U- FACTOR
MAX WOOD
FRAME WALL
U- FACTOR
MAX
MASS
WALL
U-
FACTOR
MAX
FLOOR
U- FACTOR
MAX
BASEMENT
WALL
U- FACTOR
MAX
CRAWL
SPACE
WALL
U- FACTOR
15
0.75
0.75
0.039
0.082
0.124
0.047
0.360
0.136
20
0.70
0.75
0.034
0.082
0.124
0.047
0.360
0.136
21
25
0.65
0.75
0.034
0.082
0.124
0.047
0.360
0.136
30
0.54
0.75
0.030
0.082
0.124
0.047
0.360
0.136
15
0.65
0.75
0.034
0.082
0.124
0.047
0.210
0.100
20
0.65
0.75
0.030
0.082
0.124
0.047
0.210
0.100
2.2
25
0.54
0.75
0.030
0.082
0.124
0.047
0.119
0.065
30
0.46
0.75
0.030
0.071
0.124
0.047
0.119
0.065
15
0.65
0.65
0.034
0.082
0.124
0.047
0.210
0.100
20
0.55
0.65
0.030
0.082
0.124
0.047
0.210
0.100
3.1
25
0.54
0.65
0.030
0.082
0.124
0.047
0.119
0.065
30
0.46
0.65
0.030
0.071
0.112
0.047
0.119
0.065
15
0.60
0.65
0.034
0.082
0.124
0.047
0.179
0.075
20
0.54
0.65
0.030
0.082
0.124
0.047
0.179
0.075
3.2
25
0.51
0.65
0.030
0.071
0.112
0.047
0.179
0.075
30
0.46
0.65
0.030
0.071
0.112
0.047
0.179
0.075
15
0.51
0.65
0.034
0.082
0.124
0.047
0.149
0.061
20
0.45
0.65
0.030
0.082
0.124
0.047
0.149
0.058
3.3
25
0.40
0.65
0.030
0.075
0.112
0.047
0.149
0.058
30
0.40
0.65
0.030
0.061
0.094
0.047
0.149
0.058
15
0.45
0.60
0.030
0.082
0.124
0.047
0.119
0.083
20
0.37
0.60
0.030
0.082
0.124
0.047
0.119
0.152
3.4
25
0.37
0.60
0.030
0.061
0.094
0.047
0.119
0.152
30
0.37
0.60
0.030
0.061
0.094
0.033
0.119
0.152
15
0.45
0.60
0.030
0.082
0.102
0.047
0.119
0.083
20
0.37
0.60
0.030
0.082
0.102
0.047
0.089
0.152
4
25
0.37
0.60
0.030
0.061
0.087
0.047
0.089
0.152
30
0.37
0.60
0.030
0.061
0.087
0.033
0.089
0.152
a. Nonfenestration U- factors shall be obtained from measurement, calculation or an approved source.
** *Add Section N1102.2.11. Insulation installed in walls. to read as follow:
N1102.2.11. Insulation installed in walls. Insulation batts installed in walls shall be totally
surrounded by an enclosure on all sides consisting of framing lumber, gypsum, sheathing, wood
structural panel sheathing or other equivalent material approved by the building official.
* *Amend Section N1102.3.2 Glazed fenestration SHGC. to read as follows:
N1102.3.2 Glazed fenestration SHGC. An area - weighted average of fenestration products
more than 50 percent glazed shall be permitted to satisfy the solar heat gain coefficient (SHGC)
requirements. In sub climate zones 2.1, 2.2, 3.1, 3.2 and 3.3 the maximum area - weighted
average and the maximum SHGC shall not exceed 0.40.
"Amend Section N1102.3.3 Glazed fenestration exemption. to read as follows:
N1102.3.3 Glazed fenestration exemption. Up to 1 percent of glazed fenestration per
dwelling unit shall be permitted to be exempt from U- factor and SHGC requirements in Section
402.1.
* *Amend Section N1102.3.5 Thermally isolated sunroom U- factor. to read as follows:
N1102.3.5 Thermally isolated sunroom. New windows and doors separating the sunroom
from conditioned space shall meet the building thermal envelope requirements.
* *Amend Section N1102.3.6 Replacement fenestration. to read as follows:
N1102.3.6 Replacement fenestration. Where some or all of an existing fenestration unit is
replaced with a new fenestration product, including sash and glazing, the replacement
fenestration unit shall meet the applicable requirements for U- factor in Table N1102.3.7.
Exceptions:
1. Replacement skylights shall have a maximum U- factor for 0.60 when installed in all sub
climate zones except for 2.1.
2. For buildings constructed in conformance with an energy code as required by State of Texas
Senate Bill Number 5, 77th Legislature, replacement fenestration units may comply with the
original construction do cuments or applicabl a U- factor in N 1102.1.
** *Add Section N1102.3.7 Prescriptive path for additions. to read as follows:
N1102.3.7 Prescriptive path for additions. As an alternative to demonstrating compliance,
additions with a conditioned floor area less than 500 square feet (46.5 m2) to existing single -
family residential buildings and structures shall meet the prescriptive envelope component
criteria in Table N 1102.3.7 for the sub climate zone applicable to the location. The U- factor of
each individual fenestration product (windows, doors and skylights) shall be used to calculate
and area - weighted average fenestration product U- factor for the addition, which shall not
exceed the applicable listed values in Table N1102.3.7. For additions, other than sunroom
additions, the total area of fenestration products shall not exceed 40 percent of the gross wall
and roof area of the addition. The R- values for opaque thermal envelope components shall be
equal to or greater than the applicable listed values in Table N1102.3.7.
Conditioned sunroom additions shall maintain thermal isolation; shall not be used as kitchens or
sleeping rooms.
In sub climate zones 2.1, 2.2, 3.1, 3'.2 and 3.3, the combined solar heat gain coefficient (the
area weighted average) of all glazed fenestration products used in additions and as
replacement windows in accordance with this section shall not exceed 0.4 0.
* *Add Table N1102.3.7 PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA ADDITIONS TO AND
REPLACEMENT WINDOWS FOR EXISTING DETACHED ONE- AND TWO- FAMILYDWELLINGS to
read as follows:
Table N1102.3.7
PRESCRIPTIVE ENVELOPE COMPONENT CRITERIA
ADDITIONS TO AND REPLACEMENT WINDOWS FOR EXISTING DETACHED
ONE- AND TWO- FAMILY DWELLINGSd
a. "Ceiling R- value" shall be required for flat or inclined (cathedral) ceilings. Floors over outside air shall meet "Ceiling R-
value" requirements.
b. Basement wall insulation to be installed in accordance with Section N1102.2.6.
c. "Crawl space wall R- value" shall apply to unventilated crawl spaces only. Crawl space insulation shall be installed in
accordance with Section N1102.2.8.
d. Sunroom additions shall be required to have a maximum fenestration U- factor of 0.5. in all sub climate zones except sub
climate zone 2.1. In all sub climate zones, the minimum ceiling R -value for sunroom additions shall be R -19 and the
minimum wall R -value shall be R -13.
'Section M1305.1.3; add text to read as follows:
M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be
provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access
opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or
larger where such dimensions are not large enough to allow removal of the largest appliance.
As a minimum, access to the attic space, provide one of the following:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
4. Access Panel may be used in I ieu items 1, 2, and 3 with prior approval of the code
official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is
capable of being serviced and removed through the required opening.
2. Where the passageway is unobstructed ... {remainder unchanged}
* *Section M1305.1.4.1; change to read as follows:
M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and
firmly supported on a concrete slab or other approved material extending above the adjoining
ground a minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a
clearance of not less than 6 inches (152 mm) above the ground.
MAXIMUM
MINIMUM
SUB
Basement
Slab
CLIMATE
Fenestration
Ceiling
wall
perimeterat=
awl space
ZONES
U- factor
R- valuea,'
Wall R- value'
Floor R -value
R- value b
value
wall R -value
2.1
0.75
R -26
R -13
R -11
R -5
R -0
R -5
2.2, 3.1, 3.2,
0.50
R -30
R -13
R -19
R -8
R -0
R -10
3.3 and 3.4
4
0.50
R -38
R -13
R -21
R -10
R -0
R -19
a. "Ceiling R- value" shall be required for flat or inclined (cathedral) ceilings. Floors over outside air shall meet "Ceiling R-
value" requirements.
b. Basement wall insulation to be installed in accordance with Section N1102.2.6.
c. "Crawl space wall R- value" shall apply to unventilated crawl spaces only. Crawl space insulation shall be installed in
accordance with Section N1102.2.8.
d. Sunroom additions shall be required to have a maximum fenestration U- factor of 0.5. in all sub climate zones except sub
climate zone 2.1. In all sub climate zones, the minimum ceiling R -value for sunroom additions shall be R -19 and the
minimum wall R -value shall be R -13.
'Section M1305.1.3; add text to read as follows:
M1305.1.3 Appliances in attics. Attics containing appliances requiring access shall be
provided . . . {bulk of paragraph unchanged} . . . side of the appliance. The clear access
opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or
larger where such dimensions are not large enough to allow removal of the largest appliance.
As a minimum, access to the attic space, provide one of the following:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
4. Access Panel may be used in I ieu items 1, 2, and 3 with prior approval of the code
official due to building conditions.
Exceptions:
1. The passageway and level service space are not required where the appliance is
capable of being serviced and removed through the required opening.
2. Where the passageway is unobstructed ... {remainder unchanged}
* *Section M1305.1.4.1; change to read as follows:
M1305.1.4.1 Ground clearance. Appliances supported from the ground shall be level and
firmly supported on a concrete slab or other approved material extending above the adjoining
ground a minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a
clearance of not less than 6 inches (152 mm) above the ground.
"Section M1305.1.4.3; add a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
"Section M1307.3.1; delete and replace with the following:
M1307.3.1 Protection from impact. Where deemed necessary by the code official, appliances
located in a garage or carport shall be protected from impact by automobiles.
"Section M1502.3; delete and replace with the following:
M1502.3 Exhaust duct size. The minimum diameter of the exhaust duct shall be as
recommended by the manufacturer, shall be at least the diameter of the appliance outlet and
shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not
be reduced along its developed length nor at the point of termination.
"Section M1502.6; Delete and replace with the following:
M1502.6 Duct Length. Unless otherwise approved by the building official, the maximum length
of a clothes dryer exhaust duct shall not exceed 25 feet (7620 mm) from the dryer location to
the wall or roof termination with not more than two bends. When extra bends are installed, the
maximum length of the duct shall be reduced 2.5 feet (762 mm) for each 45- degree (0.79 rad)
bend and 5 feet (1524 mm) for each 90- degree (1.6 rad) bend that occur after the first two
bends, measuring in the direction of airflow. The maximum length of the exhaust duct does not
include the transition duct.
Exceptions:
Where large- radius 45- degree (0.8 rad) and 90- degree (1.6 rad) bends are installed ,
determination of the equivalent length of clothes dryer exhaust duct for each bend by
engineering calculation in accordance with the ASRAE Fundamentals Handbook shall
be permitted.
"Section M2005.2; change to read as follows:
M2005.2 Prohibited locations. Fuel -fired water heaters shall not be installed in a room used
as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a
sealed enclosure so that combustion air will not be taken from the living space. Access to such
enclosure may be from the bedroom or bathroom when through a solid door, weather - stripped
in accordance with the exterior door air leakage requirements of the International Energy
Conservation Code and equipped with an approved self - closing device. Installation of direct -
vent water heaters within an enclosure is not required.
"Section G2404.11; Add new section to read as follows:
Gas risers. Unless previously approved by the code official, all risers connecting underground
plastic gas piping and to bing shal I be anodeless per section G2414.6.1 of this code.
* *Section G2407.10; change to read as follows:
G2407.10 (304.10) Louvers and grilles. The required size of openings for combustion,
ventilation and dilution air shall be based on the net free area of each opening. Where the free
area through a design of louver, grille or screen is known, it shall be used in calculating the size
opening required to provide the free area specified. Where the design and free area of louvers
and grilles are not known, it shall be assumed that wood louvers will have 25- percent free area
and metal louvers and grilles will have 50- percent free area. Screens shall have a mesh size not
smaller than % inch (6.4 mm). Nonmotorized louvers and grilles shall be fixed in the open
position. Motorized louvers shall be interlocked with the appliance so that they are proven to be
in the full open position prior to main burner ignition and during main burner operation. Means
shall be provided to prevent the main burner from igniting if the louvers fail to open during
burner start -up and to shut down the main burner if the louvers close during operation.
** *Section 2407.11; change Exception 8 to read as follows:
G2407.11 (304.11) Combustion air ducts. Combustion air ducts shall comply with all of the
following:
1. Ducts shall be constructed of galvanized steel complying with Chapter 16 or of a
material having equivalent corrosion resistance, strength and rigidity.
Exception: Within dwellings units, unobstructed stud and joist spaces shall not
be prohibited from conveying combustion air, provided that not more than one
required fireblock is removed.
2. Ducts shall terminate in an unobstructed space allowing free movement of combustion
air to the appliances.
3. Ducts shall serve a single enclosure.
4. Ducts shall not serve both upper and lower combustion air openings where both such
openings are used. The separation between ducts serving upper and lower combustion
air openings shall be maintained to the source of combustion air.
5. Ducts shall not be screened where terminating in an attic space.
6. Horizontal upper combustion air ducts shall not slope downward toward the source of
combustion air.
7. The remaining space surrounding a chimney liner, gas vent, special gas vent or plastic
piping installed within a masonry, metal or factory-built chimney shall not be used to
supply combustion air.
Exception: Direct -vent gas -fired appliances designed for installation in a solid fuel -
burning fireplace where installed in accordance with the manufacturer's instructions.
8. Combustion air intake openings located on the exterior of a building shall have the
lowest side of such openings located not less than 12 inches (305 mm) vertically from
the adjoining grade level or the manufacturer's recommendation, whichever is more
stringent.
* *Section G2408.3; delete.
** *Section G2408.4; change to read as follows:
G2408.4 Clearances from grade. Equipment and appliances installed at grade level shall be
supported on a level concrete slab or other approved material extending a minimum of 3 inches
(76 mm) above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above
adjoining grade.
"Section G2412.5; add a second paragraph to read as follows:
Both ends of each section of medium pressure gas piping shall identify its operating gas
pressure with an approved tag. The tags are to be composed of aluminum or stainless steel
and the following wording shall be stamped into the tag:
"WARNING
1/2 to 5 psi gas pressure
Do Not Remove"
"Section G2413.3; add an exception to read as follows:
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2" (18
EDH).
"Section G2415.5; change to read as follows:
Metallic tubing. Seamless aluminum alloy or steel tubing shall be permitted to be used with
gases not corrosive to such material.
"Section G2414.5.2; delete.
"Section G2415.9; change to read as follows:
G2415.9 Minimum burial depth. Underground piping systems shall be installed a minimum
depth of 18 inches (458 mm) below grade.
"Section G2415.9.1; delete.
"Section G2417.1; change to read as follows:
G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall
be inspected and pressure tested to determine that the materials, design, fabrication, and
installation practices comply with the requirements of this code. The permit holder shall make
the applicable tests prescribed in Sections 2417.1.1 through 2417.1.5 to determine compliance
with the provisions of this code. The permit holder shall give reasonable advance notice to the
code official when the piping system is ready for testing. The equipment, material, power and
labor necessary for the inspections and test shall be furnished by the permit holder and the
permit holder shall be responsible for determining that the work will withstand the test pressure
prescribed in the following tests.
"Section G2417.4; change to read as follows:
G2417.4 Test pressure measurement. Test pressure shall be measured with a monometer,
diaphragm gauge, or with a pressure- measuring device designed and calibrated to read, record,
or indicate a pressure loss caused by leakage during the pressure test period. Spring gauges
shall not be allowed for this purpose unless specifically approved by the code official. The
source of pressure shall be isolated before the pressure tests are made.
* *Section G2417.4.1; change to read as follows:
G2417.4.1 Test pressure. The test pressure to be used shall be not less than 3 psig (20 kPa
gauge), or at the discretion of the Code Official, the piping, fittings and valves shall be tested at
a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer. For
tests requiring a pressure of 3 psig, gauges shall utilize a dial with a minimum diaphragm
diameter of three and one half inches (3 '/ "), a set hand, 1/10 pound incrementation and
pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a
pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and
one -half inches (3 '/2 "), a set hand, a minimum of 2/10 pound incrementation and a pressure
range not to exceed 20 psi.
For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches
water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure
(52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch
(69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column
(52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one -half times the
proposed maximum working pressure.
* *Section G2417.4.2; change to read as follows:
G2417.4.2 Test duration. The test duration shall be held for a length of time satisfactory to the
Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping
carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa),
the test duration shall be held for a length of time satisfactory to the Code Official, but in no case
for less than thirty (30) minutes.
* *Add Section G2420.1.4 to read as follows:
G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless
steel (CSST) piping systems shall be supported with an approved termination fitting, or
equivalent support, suitable for the size of the valves, of adequate strength and quality, and
located at intervals so as to prevent or damp out excessive vibration but in no case greater than
12- inches from the center of the valve. Supports shall be installed so as not to interfere with the
free expansion and contraction of the system's piping, fittings, and valves between anchors. All
valves and supports shall be designed and installed so they will not be disengaged by
movement of the supporting piping.
* *Section G2421.1; add a second paragraph and exception to read as follows:
Access to regulators shall comply with the requirements for access to appliances as specified in
Section M 1305.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
* *Section G2439.5; add a sentence to read as follows:
The size of duct shall not be reduced along its developed length nor at the point of termination.
"Section G2439.5.1; change to read as follows:
G2439.5.1 (614.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct
shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more
than two bends. When extra bends are installed, the maximum length of the duct shall be
reduced 2 1/2 feet (762 mm) for each 45- degree (0.79 rad) bend and 5 feet (1524 mm) for each
90- degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of
airflow.
Exception: When approved by the code official, and when the make and model of the
clothes dryer to be installed is known and the manufacturer's installation instructions for
such dryer are provided, the maximum length of the exhaust duct, including any
transition duct, shall be permitted to be in accordance with the dryer manufacturer's
installation instructions. A 4 inch by 6 inch sign red in color with white letters shall be
permanently affixed to the structure in the vicinity of the clothes dryer that states the
following:
Warning: Dryer must be approved for vent length not to exceed 40 feet Total
Developed Length (TDL).
Duct Size: (Number)
Total Developed Length: (Number)
"Section G2445.2; change to read as follows:
G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the
sole source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling
units, in accordance with the code provisions in effect when installed, when approved by
the Code Official unless an unsafe condition is determined to exist as described in
International Fuel Gas Code Section 108.7 of the Fuel Gas Code.
"Section G2448.1.1; change to read as follows:
G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to
access, sizing, relief valves, drain pans and scald protection shall be in accordance with this
code.
"Section P2609; add new section to read as follows:
SECTION P2609
LANDSCAPE IRRIGATION
P2609. Landscape Irrigation. Minimum Standards for Landscape Irrigation Systems. The
landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and
contained in Chapter 344, Subchapters A, E and F, of the TEXAS ADMINISTRATIVE CODE, as
the same may be from time to time amended, are hereby adopted by reference as the
landscape irrigation rules of the City.
"Section P2717.3; change to read as follows:
P2717.3 Sink, dishwasher and food grinder.
The combined discharge from a sink, dishwasher, and waste grinder is permitted to discharge
through a single 1.5 inch (38 mm) trap. The discharge pipe from the dishwasher shall be
increased to a minimum of 0.75 inch (19.1 mm) in diameter and shall connect with a wye fitting
between the discharge of the food -waste grinder and the trap inlet or to the head of the food
grinder. The dishwasher waste line shall rise and be securely fastened to the underside of the
counter before connecting to the sink tail piece or food grinder; or it shall discharge to the
drainage system through by an approved air gap fitting.
"Section P2709.1; add an exception to read as follows:
Exception: Showers designed to com ply with ICC /ANSI A117.1.
"Section P2801.6; add an exception as follows:
Exception:
Elevation of the ignition source is not required for water heaters that are listed as
flammable vapor resistant and for installation without elevation.
'Section P2902.4.3; changed to read as follows:
P2902.5.3 Lawn irrigation systems.
The potable water supply to lawn irrigation systems shall be protected against backflow by an
atmospheric -type vacuum breaker, a pressure -type vacuum breaker , a double -check assembly
or a reduced pressure principle backflow preventer. A valve shall not be installed downstream
from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the
potable water supply shall be protected against backflow by a reduced pressure principle
backflow preventer. Irrigation systems must meet P2609 of this code.
"Table P2904.4.1 & P2904.5; delete "Polybutylene (PB) plastic pipe and tubing ".
"Sections P2904.5.1 and P2904.14; delete reference to "PB" plastic pipe.
"Section P3005.2.6; changed to read as follows:
P3005.2.6 Upper terminal. Each horizontal drain shall be provided with a cleanout at its upper
terminal.
Exception: Cleanouts may be omitted on a horizontal drain less than five (5) feet (1524
mm) in length unless such line is serving sinks or urinals.
'Section P3111; delete.
** *Section P3112.2; delete and replace with the following:
P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above
the floor and may be vented by extending the vent as high as possible, but not less than the
drainboard height and then returning it downward and connecting it to the horizontal sink drain
immediately downstream from the vertical fixture drain. The return vent shall be connected to
the horizontal drain through a wye- branch fitting and shall, in addition, be provided with a foot
vent taken off the vertical fixture vent by means of a wye- branch immediately below the floor
and extending to the nearest partition and then through the roof to the open air or may be
connected to other vents at a point not less than six (6) inches (152 mm) above the flood level
rim of the fixtures served and shall be provided its own clean out. Drainage fittings shall be
used on all parts of the vent below the floor level and a minimum slope of one - quarter (1/4) inch
per foot (20.9 mm /m) back to the drain shall be maintained. The return bend used under the
drainboard shall be a one (1) piece fitting or an assembly of a forty -five (45) degree (0.79
radius), a ninety (90) degree (1.6 radius) and a forty -five (45) degree (0.79 radius) elbow in the
order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain,
upstream of the return vent, shall serve no other fixtures. An accessible cleanout shall be
installed in the vertical portion of the foot vent.
* *Chapters 33 through 42; delete. Replace with the electrical code as adopted.
* *2006 IRC Appendix H, change section AH106.1 to read as follows:
AH 106.1 General. A patio cover as defined in this section shall be permitted to be supported
on a slab on grade without footings, provided the slab conforms to the provisions of Section
R506 of this code, is not less than 3.5 inches (89 mm) thick, and the columns do not support live
and dead loads in excess of 750 pounds (3.34 kN) per column.
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 12 -22 -2008
Presented by: David Pendley Agenda No. F.3
Subject: GN 2008 -122 Consideration of Adopting the 2006 International Plumbing
Code as Amended - Ordinance No. 3036
Case Summary:
In a continuing effort to update our current building codes, staff brings forth
consideration of the 2006 International Plumbing Code. This is the second of three
phases necessary to complete our building code update, with the first phase having
previously adopted the International Building Code, the International Fire Code, and the
National Electrical Code. This action of adopting the 2006 International Codes is
consist with surrounding communities.
The Council appointed Construction Code Board of Appeals (which serves as our
Technical Code Review Committee) concluded their meeting on December 2nd, 2008,
and recommends approval of the 2006 International Plumbing Code (IPC) as modified
by local and regional amendments recommended by the North Central Texas Council of
Governments.
2006 International Plumbing Code
Generally speaking, the 2006 IPC will have minimal impact on the current requirements
that plumbers must meet. However, one major change involves a non - funded state
mandate (HB 1656) regarding the permits, design, and installation of irrigation systems.
Below is a brief list of items that will be changing under the 2006 IPC:
• Table provided for sizing of grease traps.
• Allows for the installation of grease extractors with approval by the health
department and code official.
• Requires installation of urinal partitions.
• Allows water monitoring devices on HVAC units with no means of secondary
condensate disposal.
• Requires tempered water for public hand washing facilities — 110 degrees
• Temperature limiting devices required on bath tubs, whirlpools & multiple (gang)
showers.
• Coffee machines must be equipped with backflow devices.
• Adopts by reference new T.C.E.Q. requirements for irrigators contained in
Chapter 344 of the Texas Administrative Code.
The new TCEQ irrigation requirements include:
• Adopt landscape provisions by ordinance.
• Verify irrigator doing work is licensed and design meets TCEQ minimums.
• Verify plans have been designed by a licensed irrigator.
• Issue permits prior to installation.
• Maintain a log of inspections for a period of 3 years.
• Verify no sprinkling of areas less than 48 in. Must use soaker or drip technology.
• Sprinkler heads may not be directed over pavement and must be spaced at least
4 inches from a hardscape.
• Rain & freeze sensor required.
• PVC colored primer required at joints.
• Isolation valve required.
• Verify pipes are at least 6 inches deep.
• Verify backflow device is required. Double check valves still allowed (with
restrictions).
• Verify through documentation that the irrigator has conducted an instructional
walk through with the owner & provided a maintenance check list and warranty
information.
• As -built drawing, backflow test certificate, and an installer's affidavit must be
provided to inspector and the owner upon final inspection.
• Irrigator must place a permanent sticker on the controller that has the business'
contact information and warranty dates.
• A homeowner is not required to be licensed or to have a plan prepared by a
licensed irrigator. However, must follow TCEQ rules.
In addition to a complete regulatory plan review, staff will now conduct two inspections
on each installation; one to inspect piping installation before it is concealed and a final
inspection after the project is completed. Staff is also proposing a fee increase from
$36 to 100 for residential systems and 125 for multi - family and commercial systems
in order to cover the additional work provided in this mandate. The fee increase is
consistent with neighboring communities.
The citizens of North Richland Hills can be assured that since code changes are only
approved by voting members of the International Code Council, the changes are
deemed safe and appropriate for construction.
Recommendation:
To approve the recommendation of the Technical Code Review Committee and staff to
adopt the 2006 International Plumbing Code Ordinance No. 3036.
MINUTES OF THE MEETING OF THE
CONSTRUCTION CODE OF APPEALS BOARD OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
DECEMBER 2, 2008
1.
CALL TO ORDER
The meeting was called to order by Chairman Lynn Motheral at 6:05pm.
2.
ROLL CALL
PRESENT Place 1
Joe Crane
Place 2
Kurt Cameron
Place 3
Robert Nicholas
Place 4
Lynn Motheral
Place 5
John Klein
Place 6
Lloyd Robinson
ABSENT Place 7
W. D. McCarthy
CITY STAFF Building Official Dave Pendley
Recording Secretary Tanya Hope
3.
CONSIDERATION OF MINUTES FROM THE MAY 22, 2008 MEETING
APPRC)VFD
Joe Crane motioned to approve the minutes of the May 22, 2008 meeting,
seconded by Lloyd Robinson. The motion carried unanimously (6 -0).
4.
OATH OF OFFICE OF NEW AND REAPPOINTED OFFICERS
Dave Pendley administered the Oath of Office to Lynn Motheral, Lloyd Robinson, and
Kurt Cameron.
5.
CONSIDERATION AND RECOMMENDATION TO ADOPT THE 2006
INTERNATIONAL PLUMBING CODE AND THE 2006 INTERNATIONAL
RESIDENTIAL CODE WITH LOCAL AMENDMENTS.
Dave Pendley opened the meeting by introducing the newest member, Kurt Cameron of
Cameron Classic Homes to the board.
Dave Pendley handed out an outline that summarizes the changes to the 2006
International Residential Code and 2006 International Plumbing Code.
Dave Pendley discussed changes to the 2006 International Plumbing Code and 2006
Residential Code with local amendments.
Changes to the 2006 International Residential Code include: termite protection, exterior
wall framing, windows, roofs, water heaters, gas piping, electrical, basements, garages,
residential ramps, and retaining walls.
During the discussion of the water heaters, Dave Pendley asked the board to make
suggestions on the changes to the code in regards to the self - closing doors that would
be required in the garage. It was suggested that in lieu of a self closing door that a
carbon monoxide detector be installed.
Changes to the 2006 International Plumbing Code include: TCEQ regulations, grease
traps, grease extractors, urinal partitions, diaphragm gauges, water level monitoring
devices on HVAC units, backflow devices on coffee machines, and temperature limiting
devices for public hand washing facilities, bathtubs, and whirlpools.
During the discussion of the TCEQ regulations that will become effective at the
beginning of the year, Dave Pendley discussed the new regulations as far as plan
review and inspections as well as permit fees.
The purpose of the updates are to remain current on the latest technologies and
construction methods, update building codes for state mandates, stay current with
surrounding communities and improve our ISO ratings.
Dave Pendley requested that Chairman Motheral ask for a motion on what was
discussed pending further discussion and revisions.
Kurt Cameron motioned to approve the motion, seconded by Robert Nicholas. The
motion carried unanimously (6 -0).
6.
ADJOURNMENT
With no further items to discuss, Chairman Motheral adjourned the meeting at 7:35pm.
Lynn Motheral, Chairman
NiZH
ORDINANCE NO. 3036
AN ORDINANCE AMENDING CHAPTER 98 OF THE NORTH
RICHLAND HILLS CODE OF ORDINANCES, ADOPTING THE 2006
INTERNATIONAL PLUMBING CODE AS AMENDED BY THE
RECOMMENDED AMENDMENTS OF THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS AND CITY TECHNICAL CODE
COMMITTEE TOGETHER WITH STATE MANDATED LANDSCAPE
IRRIGATION RULES AS THE PLUMBING CODE OF THE CITY OF
NORTH RICHLAND HILLS; AMENDING FEES CHARGED FOR
CERTAIN PERMITS; PROVIDING FOR SEVERABILITY;
ESTABLISHING A PENALTY; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the North Richland Hills City Council desires to adopt the 2006
International Plumbing Code with amendments recommended by the
North Central Texas Council of Governments and city staff, together with
state mandated landscape irrigation rules and adopting fees for such
landscape irrigation permits in order to better provide for the safety of its
residents and their property; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT Section 98 -373 of the North Richland Hills Code of Ordinances be
amended to read as follows:
" Sec. 98 -373. International Plumbing Code adopted.
The International Plumbing Code, 2006 Edition, as adopted by the
International Code Council, Inc., in cooperation with the International
Conference of Building Officials, a copy of which is on file in the office of
the city secretary, as amended by the recommended amendments of the
North Central Texas Council of Governments, as further modified by the
city technical code committee and attached hereto as Exhibit A is hereby
adopted by reference and designated as the "Plumbing Code of the City
of North Richland Hills," the same as though such code were copied at
length herein."
Section 2: THAT Section 98 -374 of the North Richland Hills Code of ordinances
is hereby repealed.
Section 3: THAT Appendix A of the North Richland Hills Code of ordinances is
hereby amended by adding under CHAPTER 98. BUILDINGS AND
BUILDING REGULATIONS the following:
TABLE 4
PLUMBING FEES
Description of Work
Permit Fee
Each landscape irrigation system
Residential $100.00
Commercial, Multi- family $125.00
Section 4: All other ordinances or parts of ordinances in conflict herewith, are hereby
repealed to the extent that they are in conflict. Such other Ordinances are
hereby saved from repeal to the extent they do not conflict herewith.
Section 5: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and, if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional or otherwise invalid by
the final judgment or decree of any court of competent jurisdiction, such
invalidity shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the city council without the incorporation in
this ordinance of any such invalid phrase, clause, sentence, paragraph or
section.
Section 6: Violation of any provision of this ordinance or the International Plumbing
Code herein amended which governs fire safety and public health, shall
be punished by a fine of not more than Two Thousand Dollars
($2,000.00). All other violations shall be punished by a fine not exceeding
Five Hundred Dollars ($500.00). Each day any violation shall continue
shall constitute a separate offense.
Section 7: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this
ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on the 22nd day of December, 2008.
CITY OF NORTH RICHLAND HILLS
M
Oscar Trevino, Mayor
ATTEST:
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
George A. Staples, City Attorney
EXHIBIT A
"Table of Contents, Chapter 7, Section 714; change to read as follows:
Section 714 Engineered Drainage Design ................... 65
"Section 106.1; change to read as follows:
106.1 When required. Any owner, authorized agent or contractor who desires to
construct, enlarge, alter, repair, move, demolish or change the occupancy of a building
or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any
plumbing or irrigation system, the installation of which is regulated by this code, or to
cause any such work to be done, shall first make application to the code official and
obtain the required permit for the work.
"Section 106.2.; change to read as follows:
106.2 Exempted work. The following work shall be exempt from the requirement for a
permit:
1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however,
that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes
defective and it becomes necessary to remove and replace the same with new
material, such work shall be considered as new work and a permit shall be obtained
and inspection made as provided in the code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and
the removal and reinstallation of water closets, provided such repairs do not involve
or required the replacement or rearrangement of valves, pipes or fixtures
3. An irrigation system that is an on -site sewage disposal system, as defined by
Section 355.002, of the Texas Health and Safety Code
4. An irrigation system used on or by an agricultural operation as defined by Section
251.002, Texas Agriculture Code
5. An irrigation system connected to a groundwater well used by the property owner
for domestic use
"Section 102.8; modify section to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this
code shall be those that are listed in Chapter 13 and such codes, when specifically
adopted, and standards shall be considered as part of the requirements of this code to
the prescribed extent of each such reference. Where the differences occur between
provisions of this code and the referenced standards, the provisions of this code shall
be the minimum requirements. Whenever amendments have been adopted to the
referenced codes and standards, each reference to said code and standard shall be
considered to reference the amendments as well. Any reference to NFPA 70 or the ICC
Electrical Code shall mean the Electrical Code as adopted.
** *Sections 106.6.2 and 106.6.3; change to read as follows:
106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by the City of
North Richland Hills and found in Appendix A
106.6.3 Fee Refunds. The code official shall establish a policy for authorizing the
refunding of fees.
* *Section 107.1; modify items 1 & 3 to read as follows:
1. Underground inspections shall be made after trenches or ditches are
excavated and bedded, piping installed, and before any backfill is put in
place. This shall also include irrigation systems.
3. Final inspection shall be made after the building is complete, all plumbing
fixtures are in place and properly connected, and the structure is ready for
occupancy. Final inspection shall also be made to all irrigations systems after
the backflow device has been installed and tested and all requirements of the
Texas Commission of Environmental Quality and Texas Administrative Code
Chapter 344 have been completed.
** *Section 109; Delete entire section and insert the following:
SECTION 109
MEANS OF APPEAL
109.1 Application for appeal. Any person shall have the right to appeal a decision of
the code official to the board of appeals established by article 98 -42 of the North
Richland Hills Code of Ordinances.
* *Section 305.6.1; change to read as follows:
305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm)
below grade.
* *Section 305.9; change to read as follows:
305.9 Protection of components of plumbing system. Components of a plumbing
system installed within 3 feet along alleyways, driveways, parking garages or other
locations in a manner in which they would be exposed to damage shall be recessed into
the wall or otherwise protected in an approved manner.
* *Section 310.5; delete entire section.
* *Section 312.1.1; change to read as follows:
312.1.1 Test gauges. Unless otherwise approved by the code official, gauges used for
testing shall be of the diaphragm type and shall be incremented as follows: (balance of
section is unchanged)
"Section 312.1.2; to read as follows:
312.2 Drainage and vent water test. A water test shall be applied to the drainage
system either in its entirety or in sections. If applied to the entire system, all opening in
the piping shall be tightly closed, except the highest opening, and the system shall be
filled with water to the point of overflow. If the system is tested in sections, each
opening shall be tightly plugged except the highest openings of the section under test,
and each section shall be filled with water, but no section shall be tested with less than
a 5 -foot (1524 mm) head of water. In testing successive sections, at least the upper 5
feet (1524 mm) of the next preceding section shall be tested so that no joint of pipe in
the building, except the uppermost 5 feet (1524 mm) of the system, shall have been
submitted to a test of less than 5 -foot (1524 mm) head of water. This pressure shall be
held for at least 15 minutes. The system shall then be tight at all points.
"Sections 312.9.1 and 312.9.2; change to read as follows:
312.9.1 Inspections. Annual inspections shall be made of all backflow prevention
assemblies and air gaps to determine whether they are operable. In the absence of
local provisions, the owner is responsible to ensure that testing is performed.
312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double
check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure
detector fire protection backflow prevention assemblies, double check detector fire
protection backflow prevention assemblies, hose connection backflow preventers, and
spill -proof vacuum breakers shall be tested at the time of installation, immediately after
repairs or relocation and at least annually. The testing procedure shall be performed in
accordance with applicable local provisions. In the absence of local provisions, the
owner is responsible to ensure that testing is done in accordance with one of the
following standards:
(list of standards unchanged}
"Section 314.2.1; modify second sentence to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators
shall be conveyed from the drain pan outlet to an approved place of disposal.
Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so
as to cause a nuisance.
"Section 314.2.2; change to read as follows:
314.2.2 Drain pipe materials and sizes. Components of the condensate disposal
system shall be cast iron, galvanized steel, copper, cross - linked polyethylene,
polybutylene, polyethylene, ABS, CPVC, or schedule 80 PVC pipe or tubing when
exposed to ultra violet light. All components shall be selected for the pressure, an4
temperature and exposure rating of the installation. Condensate waste and drain line
size shall not be less than % -inch (19 mm) internal diameter and shall not decrease in
size from the drain pan connection to the place of condensate disposal. Where the drain
pipes from more than one unit are manifolded together for condensate drainage, the
pipe or tubing shall be sized in accordance with an approved method. All horizontal
sections of drain piping shall be installed in uniform alignment at a uniform slope.
"Section 315; add new section to read as follows:
SECTION 315
LANDSCAPE IRRIGATION
315. Landscape Irrigation. Minimum Standards for Landscape Irrigation Systems. The
landscape irrigation rules promulgated by the Texas Commission on Environmental
Quality and contained in Chapter 344, Subchapters A, E and F, of the TEXAS
ADMINISTRATIVE CODE, as the same may be from time to time amended, are hereby
adopted by reference as the landscape irrigation rules of the City.
"Section 401.1; add a sentence to read as follows:
The provisions of this Chapter are meant to work in coordination with the provisions of
the Building Code. Should any conflicts arise between the two chapters, the Code
Official shall determine which provision applies.
"Section 403.1; change entire section to read as follows:
403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of
occupancy and in the minimum number as follows:
1. Assembly Occupancies: At least one drinking fountain shall be provided at each
floor level in an approved location.
Exception: A drinking fountain need not be provided in a drinking or dining
establishment.
2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where
persons are employed shall be provided with at least one water closet for each
sex except as provided for in Section 403.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1.
4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1.
The minimum number of fixtures provided shall comply with the number shown in Table
403.1 or as otherwise approved by the Building Official. Occupancies not shown in
Table 403.1 shall be considered individually by the code official. The number of
occupants shall be determined by the International Building Code. Occupancy
classification shall be determined in accordance with the International Building Code.
* *Add Section 403.1.2 to read as follows:
403.1.2 Finish material. Finish materials shall comply with Section 1210 of the
International Building Code.
* *Section 405.6; delete.
* *Section 409.2; change to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine
shall be protected against backflow by an air gap or backflow preventer in accordance
with Section 608.
* *Section 410.1; change entire section to read as follows:
410.1 Approval. Drinking fountains shall conform to ASME A112.19.1 M, ASME
A112.19.2M or ASME A112.19.9M, and water coolers shall conform to ARI 1010.
Drinking fountains and water coolers shall conform to NSF 61, Section 9.
Exception: A drinking fountain need not be provided in a drinking or
dining establishment.
* *Section 412.4; change entire section to read as follows:
412.4 Required location. Floor drains shall be installed in the following areas.
1. In public coin - operated laundries and in the central washing facilities of multiple
family dwellings, the rooms containing automatic clothes washers shall be
provided with floor drains located to readily drain the entire floor area. Such
drains shall have a minimum outlet of not less than 3 inches (76 mm) in diameter.
2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code
official may accept floor sinks.)
3. Public toilet rooms containing two or more water closets or a combination of one
water closet and one urinal. Floors of such rooms shall slope toward the floor
drain.
* *Section 413.4; change to read as follows:
413.4 Water supply required. All food waste grinders shall be provided with a supply
of cold water. The water supply shall be protected against backflow by an air gap or
with the installation of a backflow preventer in accordance with Section 608.
* *Section 417.5; change to read as follows:
417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious,
noncorrosive, nonabsorbent and waterproof materials.
Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229
mm), measured from top of the drain to top of threshold or dam. Thresholds shall be of
sufficient width to accommodate a minimum twenty -two (22) inch (559 mm) door.
Exception: Showers designed to comply with ICC /ANSI Al 17.1
* *Section 417.5.2; change to read as follows:
417.5.2 Shower lining. Floors under shower compartments, except where
prefabricated receptors have been provided, shall be lined and made water tight utilizing
material complying with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up
on all sides at least 3 inches (76 mm) above the finished threshold level and shall
extend outward over the threshold and fastened to the outside of the threshold jamb.
Liners shall be recessed and fastened to an approved backing so as not to occupy the
space required for wall covering, and shall not be nailed or perforated at any point less
than 1 inch (25 mm) above the finished threshold. Liners shall be pitched one - fourth unit
vertical in 12 units horizontal (2- percent slope) and shall be sloped toward the fixture
drains and be securely fastened to the waste outlet at the seepage entrance, making a
water -tight joint between the liner and the outlet.
Exception: When approved by the code official, showers recessed a minimum of 4
inches (102 mm) in the concrete slab of 1 & 2 family dwellings when
located on the lowest floor level and double seal drains are utilized.
* *Add Section 417.7 to read as follows:
417.7 Test for shower receptors. Shower receptors shall be tested for water tightness
by filling with water to the level of the rough threshold. The drain shall be plugged in a
manner so that both sides of pans shall be subjected to the test at the point where it is
clamped to the drain.
* *Section 419.3; change to read as follows:
419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of
a urinal lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each
side of the urinal shall be waterproofed with a smooth, readily cleanable, hard,
nonabsorbent material.
* *Section 502.3; change to read as follows:
502.3 Water heaters installed in attics. Attics containing a water heater shall be
provided with an opening and unobstructed passageway large enough to allow removal
of the water heater. The passageway shall not be less than 30 inches (762 mm) high
and 22 inches (559 mm) wide and not more than 20 feet (6096 mm) in length when
measured along the centerline of the passageway from the opening to the water heater.
The passageway shall have continuous solid flooring not less than 24 inches (610 mm)
wide. A level service space at least 30 inches (762 mm) deep and 30 inches (762 mm)
wide shall be present at the front or service side of the water heater. The clear access
opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762
mm), or larger where such dimensions are not large enough to allow removal of the
water heater.
* *Add Section 502.5 to read as follows:
502.5 Water heaters above ground or floor. When the attic, roof, mezzanine or
platform in which a water heater is installed is more than eight (8) feet (2438 mm) above
the ground or floor level, it shall be made accessible by a stairway or permanent ladder
fastened to the building.
Exception: A max 10 gallon water heater (or larger with approval) is capable of
being accessed through a lay -in ceiling and a water heater is installed is not
more than ten (10) feet (3048 mm) above the ground or floor level and may be
reached with a portable ladder.
502.5.1 Whenever the mezzanine or platform is not adequately lighted or access
to a receptacle outlet is not obtainable from the main level, lighting and a
receptacle outlet shall be provided in accordance with Section 502.1.
** *Section 504.6; change to read as follows:
504.6 Requirements for discharge piping. The discharge piping serving a pressure
relief valve, temperature relief valve or combination thereof shall:
1. Not be directly connected to the drainage system.
2. Discharge through an air gap
3. Not be smaller than the diameter of the outlet of the valve served and shall
discharge full size to the air gap.
4. Serve a single relief device and shall not connect to piping serving any other
relief device or equipment.
Exception: Multiple relief devices may be installed to a single T & P
discharge piping system when approved by the administrative authority and
permitted by the manufactures installation instructions and installed with
those instructions.
5. Discharge to an indirect waste receptor or to the outdoors. Where
discharging to the outdoors in areas subject to freezing, discharge piping
shall be first piped to an indirect waste receptor through an air gap located
in a conditioned area.
6. Discharge in a manner that does not cause personal injury or structural
damage.
7. Discharge to a termination point that is readily observable by the building
occupants.
8. Not be trapped.
9. Be installed so as to flow by gravity.
10. Not terminate less than 6 inches or more than 24 inches (152 mm) above
grade nor more than 6 inches above the waste receptor.
11. Not have a threaded connection at the end of such piping.
12. Not have valves or tee fittings.
13. Be constructed of those materials listed in Section 605.4 or materials tested,
rated and approved for such use in accordance with ASME Al 12.4.1.
* *Add Section 604.4.1 to read as follows:
604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is
more restrictive than those of this section, the State flow rate shall take precedence.
* *Tables 605.3 and 605.4; delete "Polybutylene (PB) plastic pipe and tubing ".
* *Amend to Section 605.4 read as follows:
605.4 Water distribution pipe. {Original section to remain unchanged) Add following
text) When utilized, non - metallic pipe, tubuing, or similar water distribution piping shall
be installed in strict conformance with the manufacture's installation instructions,
nationally recognized evaluation reports, and all policies and procedures established by
the building official. An additional form of electrical grounding shall be provided and
installed in accordance with the electrical code whenever non - metallic water distribution
materials are utilized.
* *Section 606.1; delete items #4 and #5.
* *Section 606.2; change to read as follows:
606.2 Location of shutoff valves. Shutoff valves shall be installed in the following
locations:
1. On the fixture supply to each plumbing fixture other than bathtubs and
showers in one- and two- family residential occupancies, and other than in
individual sleeping units that are provided with unit shutoff valves in hotels,
motels, boarding houses and similar occupancies.
2. On the water supply pipe to each appliance or mechanical equipment.
* *Section 608.1; change to read as follows:
608.1 General. A potable water supply system shall be designed, installed and
maintained in such a manner so as to prevent contamination from nonpotable liquids,
solids or gases being introduced into the potable water supply through cross -
connections or any other piping connections to the system. Backflow preventer
applications shall conform to applicable local regulations, Table 608.1, and as
specifically stated in Sections 608.2 through 608.16.10.
"Section 608.16.5; change to read as follows:
608.16.5 Connections to lawn irrigation systems.
The potable water supply to lawn irrigation systems shall be protected against backflow
by an atmospheric -type vacuum breaker, a pressure -type vacuum breaker, a double -
check assembly or a reduced pressure principle backflow preventer. A valve shall not
be installed downstream from an atmospheric vacuum breaker. Where chemicals are
introduced into the system, the potable water supply shall be protected against backflow
by a reduced pressure principle backflow preventer.
"Section 608.17; change to read as follows:
608.17 Protection of individual water supplies. An individual water supply shall be
located and constructed so as to be safeguarded against contamination in accordance
with applicable local regulations. In the absence of other local regulations, installation
shall be in accordance with Sections 608.17.1 through 608.17.8.
'Section 610.1; add exception to read as follows:
610.1 General. New or repaired potable water systems shall be purged of deleterious
matter and disinfected prior to utilization. The method to be followed shall be that
prescribed by the health authority or water purveyor having jurisdiction or, in the
absence of a prescribed method, the procedure described in either AWWA C651 or
AVWVA C652, or as described in this section. This requirement shall apply to "on- site" or
"inplant" fabrication of a system or to a modular portion of a system.
1. The pipe system shall be flushed with clean, potable water until dirty water does
not appear at the points of outlet.
2. The system or part thereof shall be filled with a water /chlorine solution containing
at least 50 parts per million (50 mg /L) of chlorine, and the system or part thereof
shall be valved off and allowed to stand for 24 hours; or the system or part
thereof shall be filled with a water /chlorine solution containing at least 200 parts
per million (200 mg /L) of chlorine and allowed to stand for 3 hours.
3. Following the required standing time, the system shall be flushed with clean
potable water until the chlorine is purged from the system.
4. The procedure shall be repeated where shown by a bacteriological examination
that contamination remains present in the system.
Exception: With prior approval the Code Official may wave this requirement when
deemed un- necessary by the Code Official.
* *Add Section 712.5 to read as follows:
712.5 Dual Pump System. All sumps shall be automatically discharged and, when in
any "public use" occupancy where the sump serves more than 10 fixture units, shall be
provided with dual pumps or ejectors arranged to function independently in case of
overload or mechanical failure. For storm drainage sumps and pumping systems, see
Section 1113.
* *Section 714, 714.1; change to read as follows:
SECTION 714
ENGINEERED DRAINAGE DESIGN
714.1 Design of drainage system. The sizing, design and layout of the drainage
system shall be permitted to be designed by approved design methods.
* *Section 802.4; add a sentence to read as follows:
No standpipe shall be installed below the ground.
* *Section 903.3; changed to read as follows:
903.3 Vent termination. Every vent stack or stack vent shall terminate outdoors to the
open air.
Exception: When approved by the code official, stack -type air admittance valves
may be utilized in accordance with Section 917.
* *Section 904.1; changed to read as follows:
904.1 Roof extension. All open vent pipes that extend through a roof shall be
terminated at least six (6) inches (152 mm) above the roof, except that where a roof is
to be used for any purpose other than weather protection, the vent extensions shall be
run at least 7 feet (2134 mm) above the roof.
* *Section 906.1; changed to read as follows:
906.1 Distance of trap from vent. Each fixture trap shall have a protecting vent
located so that the slope and the developed length in the fixture drain from the trap weir
to the vent fitting are within the requirements set forth in Table 906.1.
* *Section 912.1; change to read as follows:
912.1 Type of fixture. A combination drain and vent system shall not serve fixtures
other than floor drains, standpipes, and indirect waste receptors. Combination drain
and vent systems shall not receive the discharge from a food waste grinder or clinical
sink.
"Section 1002.10; delete.
"Section 1003.3.1; change to read as follows:
1003.3.1 Grease interceptors and automatic grease removal devices required. A
grease interceptor, or an automatic grease removal device that has been approved by
the North Richland Hills Consumer Health Department, shall be required to
receive... {remainder of section unchanged }.
"Section 1003.3.4.1; changed to read a follows:
1003.3.4.1 Grease interceptor capacity. Grease interceptors shall have the grease
retention capacity indicated in Table 1003.3.4.1 for the drainage fixture units (DFU's)
indicated.
Exception: Engineered systems approved by the building official
"Table 1003.3.4.1; replace table with the following:
TABLE 1003.3.4.1
Canar_ity of Grease Interceptors
DFU's
Pipe
Size
Slope
Flow
Cal. Size
Nominal
8
2"
2%
10 gpm
300 gal
500 gal
35
3"
2%
29 m
870 gal
1000 gal
172
4"
1 %
44 gpm
1320 gal
1500 gal
216
4"
2%
62 qpm
1860 gal
2000 gal
342
5"
1 %
80 qpm
2400 gal
3000 gal
428
5"
2%
120 gpm
3600 gal
4000 gal
576
6"
1 %
140 gpm
4200 gal
5000 gal
720
6"
2%
190 gpm
5700 gal
7500 gal
"Section 1101.8; change to read as follows:
1101.8 Cleanouts required. Cleanouts shall be installed in the building storm drainage
system and shall comply with the provisions of this code for sanitary drainage pipe
cleanouts.
Exception: Subsurface drainage system
"Section 1106.1; change to read as follows:
1106.1 General. The size of the vertical conductors and leaders, building storm drains,
building storm sewers, and any horizontal branches of such drains or sewers shall be
based on six (6) inches per hour rainfall rate.
"Section 1107.3; change to read as follows:
1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall
be sized in accordance with Section 1106. Scuppers shall be sized to prevent the depth
of ponding water from exceeding that for which the roof was designed as determined by
Section 1101.7. Scuppers shall not have an opening dimension of less than 4 inches
(102 mm). The flow through the primary system shall not be considered when sizing the
secondary roof drain system.
'Section 1202.1; delete Exception 2.
CITY OF
NORTH RICHLAND HILLS
Department: Emergency Management Council Meeting Date: 12 -22 -2008
Presented by: Sean Hughes Agenda No. F.4
Subject: GN 2008 -123 Consider acceptance of a Federal Emergency Management
Agency (FEMA), Urban Area Security Initiative (UASI), Law Enforcement Assistant
Program (LEAP) Grant in the amount of $437,860.00 and Amend the Fiscal Year
2008/2009 Capital Projects Budget
This grant is intended to provide Law Enforcement and other emergency response
organizations with enhanced capabilities for detecting, deterring, disrupting, preventing
and responding to potential threats of manmade, natural disasters and acts of terrorism.
This grant will be utilized to purchase an armored vehicle with Chemical and Biological
detection equipment as well as additional equipment to enhance the Northeast
Explosives Response Team and provide funding for training.
The City of North Richland Hills has been awarded a total of $437,860.00 from the
Federal Emergency Management Agency, Urban Area Security Initiative (UASI) Law
Enforcement Assistance Program (LEAP). The Governor's Division of Emergency
Management has issued a sub - recipient agreement to North Richland Hills for the
purchase of an armored personnel carrier (APC) training and equipment to enhance the
Northeast Explosives Response Team.
From the grant, $226,600 is targeted to fund the purchase of an armored response
vehicle with Chemical Biological detection equipment. All of this equipment will greatly
enhance the ability of the North Richland Hills Police Department and the Northeast
Explosives Response Team to respond to and deal with threats and emergencies. The
remaining $211,260 is designated for the purchase of replacement explosive handler
suits, other equipment and training for the Northeast Explosives Response Team
Acceptance of this grant does not require matching funds. The City will be reimbursed
100% after all equipment has been purchased.
Recommendation:
To accept the Federal Emergency Management Agency, Urban Area Security Initiative,
Law Enforcement Assistance Program, Texas Governor's Division of Emergency
Management Grant in the amount of $437,860 and amend the 2008 -2009 Capital
Projects Budget to provide for these projects.
3�..
Department Project Title Project Number
Emergency Management. FEMA Urban Area:.SecurityInitiative Law F-.nforcernentAsslstance Program PS0901
Project Description
This grant is intended to provide Law Enforcement and other emergency response organizations with enhanced capabilities for detecting, deterring,
disrupting, preventing and responding to potential threats of manmade, natural disasters and acts of terrorism. This grant will be utilized to purchase
an armored vehicle with Chemical and Biological detection equipment as well as additional equipment, which includes explosive handler suits, to
enhance the Northeast Explosives Response Team.
Project Justification
The City of North Richland Hills has been awarded a total of $437,860.00 from the Federal Emergency Management Agency, Urban Area Security
Initiative (UASI) Law Enforcement Assistance Program (LEAP). The Governor's Division of Emergency Management has issued a sub - recipient
agreement to North Richland Hills for the purchase of an armored personnel carrier (APC) and equipment to enhance the Northeast Explosives
Response Team.
From the grant, $226,600 is targeted to fund the purchase of an armored response vehicle with Chemical Biological detection equipment. This vehicle
will be the property of the City of North Richland Hills. All of this equipment will greatly enhance the ability of the North Richland Hills Police
Department and the Northeast Explosives Response Team to respond to and deal with threats and emergencies. The remaining $211,260 is
designated for the purchase of replacement explosive handler suits and other equipment for the Northeast Explosives Response Team.
Acceptance of this grant does not require matching funds. The city will be reimbursed 1409/6 after all equipment has been purchased. The funding
source designated as "Other" below represents. $226,600 in General Fund Reserves and $211,260 in Equipment Services Reserves. The project is
estimate to be complete by the end of Fiscal Year 2009, with these funds reimbursed upon completion.
§ SPRINT!
Project Schedule Beginning Date Ending Date [j
;. d
General Obligation Bonds
Certificate of Obligation
Federal /State Grants $ 437,860 $ 437,860
Reserves
Sales Tax
Other $ 437,860 $ (437,860) $ -
Total Funding $ - $ 437,860 $ - $ 437,860
fiolA x
Professional Services
Engineering/Design
Land1ROW Acquisition
Construction
Other $ 437,860
Total Costs $ - $ 437,860 $ - $ - $ -
Impact on Operating Budget PRO ,
xi
a ..
$ 3;.000 $ 3,000 $ 5,000 $ 5;000 $ 5,000
71
Professional Services Original Budget $ 437,860
Engineering/Design
Land/ROWAc Acquisition
Construction
Other
1212008
012010
Total Project
Total Pro act Costs $ 437,860
CITY OF
NORTH RICHLAND HILLS
Department: Planning and Development Council Meeting Date: 12 -22 -2008
Presented by: John Pitstick Agenda No. F.5
Subject: GN 2008 -125 Consider an Amendment to the City Code, Chapter 104: "Gas
Well Drilling and Production" - Ordinance No. 3031
The initial Gas Drilling Ordinance No. 2862 was adopted on November 14, 2005. As a
result of significant changes in the technology in gas well drilling in the Barnett Shale
and due to several changes regarding safety and quality standards, an updated
Ordinance (Ordinance No. 2945) was approved on July 23, 2007. The latest update to
the City's gas well drilling provisions occurred on November 12, 2007, with the
requirement of a Special Use Permit (SUP) on all non - residential properties. The SUP
requirement was approved to ensure that the impact of gas well drilling on non-
residential properties is minimized so that key commercial properties can still ultimately
develop appropriately.
The purpose of the proposed revisions to Chapter 104 of the City Code are to:
1. modify the time period in which a gas well is required to be drilled upon approval
of a gas well permit application;
2. allow a modification to the "no build easement" requirements around gas well
sites for certain types of entities; and
3. require a notification for surrounding undeveloped property owners of the
presence of gas wells.
These three (3) changes are specifically proposed within Section 104 -6: "Gas Well
Permit Requirements" and are summarized as follows:
Modification of the time period for the drilling of a gas well upon permit approval:
Presently, Section 104 -60) requires a gas well operator to begin drilling a gas well within
90 days from the date of the issuance of the permit. However, upon the operator
providing a written request for an extension to this initial 90 day time period to the City's
gas inspector (Fire Marshal), the gas inspector can extend this time period for an
additional 90 days as long as the regulatory standards of the requested permit for such
gas well location have not changed. Essentially, this section requires the gas well
operator to drill their permitted gas well within 180 days of the issuance of a permit.
The proposed change would modify Section 104 -60) such that the initial time period
would be changed from 90 days to 180 days and the gas inspector could extend
this time period for an additional 90 days upon 1) written request by the gas well
operator, and 2) proof that the permit for which an extension is sought could be issued
on the date of such extension under the regulations and conditions then existing.
Essentially, this revised section would allow a gas well operator to drill their permitted
gas well within 270 days of the issuance of a permit. However, the operator would only
be granted the 90 day extension (beyond the initial 180 days) as long as the gas well
site was in current compliance with any changes that might have occurred to Chapter
104.
This change is being proposed because of the difficulty that gas well operators are
experiencing in being able to begin drilling within 90 days of the issuance of a gas well
drilling permit. Staff believes that this change is appropriate and this change would still
be more restrictive than many of the gas regulations adopted by other cities.
Modification to the "no build easement" for certain types of entities:
Presently, Section 104 -6(o) requires a gas well operator, prior to the issuance of any
permit, to furnish to the city a recordable easement which is filed at Tarrant County on
which the owner of affected properties prohibits the construction of residences, religious
institutions, public buildings, retail or commercial buildings within 150 feet of the outside
screening wall of the final gas well site.
The proposed change would modify Section 104 -6(o) to allow public institutions to
adopt and provide the City with a resolution that prohibits the construction of
residences, religious institutions, public buildings, retail or commercial buildings
within 150 feet of the outside screening wall of the final gas well site in lieu of a
recordable easement.
This change was requested by Tarrant County College; however, it would apply to any
public institution (the City of North Richland Hills, school districts, etc.). Staff believes
that this change is appropriate.
Require a notification for surroundinq undeveloped property owners of the presence of
gas wells:
Currently, without a variance from the Gas Board of Appeals, a gas well permit can not
be issued when existing residences, religious institutions, public buildings, retail or
commercial buildings, etc., are within 600 feet of a proposed gas well. However, once a
gas well permit has been issued by the City for drilling, new homes, religious
institutions, public buildings, retail or commercial buildings, etc., can be constructed as
close as 150 feet from the outside screening wall of a gas well site without any type of
notification to the eventual property owner that a gas well site is in the vicinity. This
situation can occur because of the time period involved between the time of issuance of
a gas well permit and the time actual gas well drilling begins. It could be many months
from the time a permit has been issued to the time that drilling begins, and in this time
period, a new home, religious institution, public building, retail or commercial building,
etc., could be constructed within 600 feet (but no closer than 150 feet) of the gas well
and the eventual end user (home owner, tenant, etc.) might never be aware of a nearby
existing gas well site until after they purchased or moved into their facility (new home,
religious institution, public building, retail or commercial building, etc.).
The proposed change would add Section 104 -6(p) to the current Section 104 -6. This
new section would establish a requirement for the gas well operator to file, prior to
issuance of a permit, a "gas well vicinity notice" with Tarrant County as a notification
to all existing undeveloped property owners within 600 feet of a gas well of the
gas well's existence. It is staff's intention such a filing would come up during any type of
property title search. This proposed change would not require a gas well vicinity notice
for properties that are currently platted and have permitted structures constructed on the
platted lots.
Staff believes that this change is appropriate. Additionally, staff will also attach the "gas
well vicinity notice" to all future building permits and add a note on all future subdivision
plats for any properties within 600 feet of a gas well as an additional step so that any
eventual end user (home owner, tenant, etc.) would be aware of a nearby existing gas
well site prior to purchasing or moving into their facility (new home, religious institution,
public building, retail or commercial building, etc.).
Previously, staff reviewed the modification to initial drilling time and the gas well vicinity
notice requirement with City Council in a work session on September 22, 2008 and with
the Gas Board of Appeals during their meetings of November 6, 2008 and December
11, 2008. The change to Section 104 -6(o) comes from a request from Tarrant County
College to allow a resolution in lieu of a formal no build easement. All of these
proposed changes have also been given to Chesapeake Energy for their review.
At the November 6, 2008 Gas Board of Appeals Meeting, Chesapeake Energy
expressed concerns to staffs "at that time" recommendations of changes to Chapter
104. However, since this meeting, staff made minor changes to their previous
recommendations and staff brought these revised changes to the Gas Board of Appeals
at their meeting of December 11, 2008. These final changes are as summarized above
and were recommended for approval by the Gas Board of Appeals.
Full minutes of the November 6, 2008 and December 11, 2008 Gas Board of Appeals
Meetings are also included.
Recommendation:
Approval of GN 2008 -125, Ordinance No. 3031.
Recommended Changes to Gas Well Drilling & Production Ordinance
(Proposed Changes — "blue" indicates new revisions)
Section 104 -6. Gas Well Permit Requirements
A gas well permit shall automatically terminate, unless extended, if drilling is
not commenced within one hundred eighty (180) 9G days from the date of the
issuance of the permit. A well permit may be extended by the c OGtOF
for an additional 90 days under the following two conditions; 1) upon written
request by the operator, and 2) proof that the permit for which an extension is
sought could be issued on the date of such extension under the regulations
and conditions then existing n, 1Wont sta ndaFds of th° rorvi o_Qtorj r,ormit f
Such IIOG Lion have not r-ha nged
(o) Prior to the issuance of any permit, the operator shall, except for public
institutions which provide a resolution committing not to construct any building
within 150 feet of any outside wall or other screening around the final
production gas well site provide obtain and fuFnish to a recordable
easement from the owner of affected property as grantor to the city as
grantee which prohibits residences, religious institutions, public buildings,
retail or commercial buildings within 150 feet of the outside wall or other
screening around the final production gas well site.
(p) Prior to the issuance of any permit, the operator shall record a "gas well
vicinity notice" in the Tarrant County real property records giving notice of the
location of such proposed well and the description by lot, block and
subdivision each undeveloped platted lot within 600 feet of such well or, if
there is undeveloped land within such distance which is not within a recorded
subdivision, the name of each survey within 600 feet of such well location.
Such notice shall be in the form established by city staff."
I Aft
Lis a Pow ens Ches a e Public Affairs Ccx)rcbnator
JILEMERGY
November 6, 2008
.VIA EMAIL: JPITSTICKAMRHMCQM
John Pitstick, Director of Development
City of North Richland Hills
7301 NE Loop 820
North Richland Hills, Texas 76180
Dear John,
Please find below Chesapeake Energy's comments on the proposed amendments to
the City of North Richland Hills proposed ordinance provisions. Chesapeake
appreciates the opportunity to provide its input on this important issue. As we
discussed, I appreciate you sharing our comments with the Gas Board of Appeals for
the November 6, 2008 meeting. As we continue to work with the city, we look forward to
continued production of the minerals of residents and businesses, while respecting
neighborhoods and communities.
Section 104 -6 U} 90 -day Drilling Deadline
A gas well permit shall automatically terminate, unless extended, if drilling is not
commenced within ninety (90) days from the date of the issuance of the permit. A well
permit may be extended by the Gas Inspector for an additional ninety (90) days beyond
the original ninety (90) days upon written request by the operator and proof that the
permit could be issued on the date of such renewal under the regulations and conditions
then existing.
Chesapeake Comments
We understand the need for cities to protect the future development of its communities,
and we are proud to be a partner in bringing economic benefits to residents,
businesses, institutions and municipalities. While we applaud the city for its intent, we
have grave concerns that if this provision is adopted, it will greatly diminish the
feasibility of drilling within the city.
For instance, since we frequently submit multiple well permit applications for the same
padsite concurrently, we would be forced to drill wells back -to- back, and in many cases
still not meet the 90 -day or 180 -day deadline. For example, if we were to receive
Chesapeake Ener*y Corporation
100 Energy Way, Fort Worth, Texas 76102 . 817 -502 -5693 - lisa.l over, (@chk.com
=.:.i ##' •`.> 3.t{`:' Energy pri'-'psedi % .. .. f..ti. €f fi ji,.. <..
permits for five wells, we would be tied to drilling all five within 180 days — 90 days, plus
the 90 -day extension. With padsite construction and the three to four week drilling
process per well, alone, we physically could not drill within a 180 -day timeframe.
Chesapeake Recommendations
If the City's main purpose is to see padsite development begin in a timelier manner,
then we suggest requiring operators to drill the first permitted well within 180 days of
permit issuance. Any subsequent gas well at a padsite shall automatically terminate if
drilling is not commenced within two years of the issuance of the permit. This would
coincide with the two -year limit of a Railroad Commission permit.
We believe that once the padsite is constructed with the drilling of the first well, the
drilling of subsequent wells would not have any further affect on nearby future
development, since the padsite parameters have already been determined.
Once again, I thank you for the opportunity to submit our comments concerning the
proposed ordinance revisions. We look forward to our continued working relationship,
and we would welcome the opportunity to discuss this further.
If you have questions, please do not hesitate to contact me.
Sincerely,
UJA:POWA's
Lisa Powers
ORDINANCE NO. 3031
AN ORDINANCE AMENDING SECTION 104 -6 OF THE CITY OF
NORTH RICHLAND HILLS CODE OF ORDINANCES, ESTABLISHING
GAS WELL PERMIT REQUIREMENTS; CHANGING THE
REQUIREMENTS FOR PERMITS ON PROPERTY OWNED BY PUBLIC
INSTITUTIONS; LIMITING THE TIME WHICH A PERMIT MAY BE
EXTENDED; REQUIRING NOTICE OF GAS WELL PERMIT
LOCATIONS TO BE FILED IN COUNTY LAND RECORDS; PROVIDING
A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING A
CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a Home Rule Municipality located
in Tarrant County, Texas, created in accordance with the provisions of the
Texas Local Government Code and operating pursuant to the enabling
legislation of the State of Texas and its home rule charter; and
WHEREAS, the City Council of North Richland Hills, Texas deems it prudent to amend
its regulations concerning permits for drilling and of gas within the
corporate limits of the City of North Richland Hills to clarify the time for
permits to expire in the absence of drilling and to provide for better notice
to those persons owning property in the vicinity of wells being permitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
Section 1: THAT, Section 104 -6 of the City of North Richland Hills Code of General
Ordinances is hereby amended by amending subsections 0) and (o) and
adding a new subsection (p) to read as follows"
"Section 104 -6. Gas Well Permit Requirements
(j) A gas well permit shall automatically terminate, unless extended, if drilling is not
commenced within one hundred eighty (180) days from the date of the issuance
of the permit. A well permit may be extended for an additional ninety (90) days
under the following two conditions; 1) upon written request by the gas well
operator, and 2) proof that the permit for which an extension is sought could be
issued on the date of such extension under the regulations and conditions then
existing.
(o) Prior to the issuance of any permit, the operator shall, except for public
institutions which provide a resolution committing not to construct any building
within 150 feet of any outside wall or other screening around the final production
gas well site, provide a recordable easement from the owner of affected property
as grantor to the city as grantee which prohibits residences, religious institutions,
retail or commercial buildings within 150 feet from the outside wall or other
screening around the final production gas well site.
(p) Prior to the issuance of any permit, the operator shall record a "gas well vicinity
notice" in the Tarrant County real property records giving notice of the location of
such proposed well and the description by lot, block and subdivision each
undeveloped platted lot within 600 feet of such well or, if there is undeveloped
land within such distance which is not within a recorded subdivision, the name of
each survey within 600 feet of such well location. Such notice shall be in the
form established by city staff."
Section 2: Violation of this ordinance shall be punished by a fine of not more than five
hundred dollars ($500.00) per violation per day, subject to applicable state
law. Each day that a violation exists shall constitute a separate offense.
Section 3: It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph or section
of this ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation of this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Section 4: The City Secretary is authorized and directed to cause publication of the
descriptive caption and penalty clause of this ordinance as an alternative
method authorized by law.
Section 5: This Ordinance shall become effective immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the City of North
Richland Hills, Texas, on this the 22nd day of December, 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
MINUTES OF THE MEETING OF THE
GAS BOARD OF APPEALS OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
December 11, 2008
1.
CALL TO ORDER
The meeting was called to order by Chairman Tom Duer at 7:00 p.m.
2.
ROLL CALL
PRESENT Tom Duer
Randy Shiflet
(attended pre- meeting) Kathy Luppy
Garry Cope
Tom Lombard
CITY STAFF Managing Director of Dev. Svcs. Mike Curtis
Director of Planning & Dev. John Pitstick
Assistant Dir. Public Works Greg VanNieuwenhuize
Recording Secretary Gina Harner
3.
APPROVAL OF NOVEMBER 6, 2008 MINUTES
APPROVED
Tom Lombard, seconded by Randy Shiflet, motioned to approve the minutes from
November 6, 2008. The motion carried unanimously (4 -0) Kathy Luppy was
absent.
4.
Public Hearing and consideration of a request from Chesapeake Energy for an
appeal from distance requirements to residential structures for Little Bear Creek
#1 -H through #16 -H gas wells in the 7300 block of North Tarrant Parkway.
Chairman Duer said that he was sure that almost everyone had been notified by
newspaper and city staff that we had received a letter from Chesapeake requesting
postponement. "To Whom It May Concern: Chesapeake Operating, Inc. respectfully
requests the December 11, 2008 hearing to be tabled until January 8, 2009. Per our
conversation, it is our intention to submit a permit packet providing all details necessary
for staff to make a recommendation to the Gas Board of Appeals. Please accept this
letter as our formal request for the Gas Board of Appeals hearing to be on January 8,
2009. Signed by Martin Johnson with Chesapeake." We don't know what they will be
proposing in their submittal therefore we will not have a public hearing tonight. We can't
hear any public concerns on a packet that we don't know anything about yet. We don't
know what they will be resubmitting or what distances they are proposing. The city staff
tried to contact as many people as they could so I do apologize if you did not receive
notice. We just received the letter from Chesapeake yesterday. Now we need to hear a
motion from the Gas Board of Appeals on the request to postpone until January and we
need to set a date for that meeting.
Garry Cope, seconded by Tom Lombard motioned to approve the request from
Chesapeake for postponement and to reschedule the public hearing for Tuesday
January 13, 2009. The motion was carried unanimously (4 -0). Kathy Luppy was
absent.
5.
Review Proposed Changed to Gas Drilling & Production Ordinance
John Pitstick said that we think that we have a pretty aggressive and conservative
ordinance. We want to have high standards and we are constantly looking into that. We
have made a few changes. We originally adopted our ordinance in 2005 and we have
made a few changes since that time. There are three changes that we discussed at our
last meeting and there is some clarification that we would like to bring to you. In Section
104 -6 Gas well permit requirements we are recommending a change to paragraph (j)
that would include the requirement to allow for 180 days to commence drilling with a 90
day extension. We are recommending the 90 day extension to be under the two
following conditions. That upon written request by the gas well operator and that the
proof that the permit for which the extension is sought could be issued on the date of
such extension under the regulations and conditions then existing. Once the city has
issued a gas drilling permit they would have up to 180 days to begin drilling and then in
order to receive a 90 day extension they would have to meet those two conditions.
Currently on the existing ordinance they have 90 days to begin drilling with one
additional 90 day extension. We have talked to Chesapeake and some of the other gas
well operators and have also looked over other citys' ordinances. We know that it is
sometimes difficult to bring in equipment and drilling rigs and to schedule these things.
Therefore we are comfortable with extending the time allowed to 180 days with one 90
day extension.
In Section 104 -6 section (o) we are recommending a change. Our current ordinance
requires 150 foot no build zone around the outside barrier or fence of the final
production pad site. We don't want to see any future construction of any structures
within that 150 foot barrier. We are allowing an exception for public institutions which
provide a resolution committing not to construct any buildings within the 150 ft from the
outside wall. These would include Tarrant County College the school district, the city
and any public institutions. Sometimes it is difficult to get easements so we are
recommending an exception for public institutions. All other private companies or
properties would be required to file an easement. This is not an easement to the city
necessarily but an easement that specifies that no building would be allowed. Within
that 150 feet they can put landscaping, streets, parking lots.
Finally in 104 -6 (p) This will be a new addition to the ordinance. Within that 600 feet is a
community standard prior to issuance of any permit the operator shall record a gas well
vicinity notice in Tarrant County real property records giving notice of the location of
such proposed well in the name of each recorded subdivision within 600 feet of such
well or if there is land within such distance which is not within a recorded subdivision the
name of each survey within 600 feet of such well location. Again this is not a safety
standard it is just a community public notice. If construction occurred after the fact then
they would be notified by their title company that there is a gas well within 600 feet.
Once this is filed and the initial permit has been applied then there is notification for the
property owners and it stays with the property as it is sold. This is not a burden on the
property it is just a notification that you are within 600 feet.
These are the three changes that we are recommending. As we mentioned in the
briefing we are aware that Fort Worth has been under a lot of study in their ordinances.
We are certainly keeping up with their ordinances and if there are changes in their
ordinance that we feel that we need to adopt we will bring those back before the board.
We have not had an opportunity to review all of their changes but at this time we feel
comfortable that all ordinances are fairly restrictive and are protective for the safety of
life and also the protection of the aesthetics of the area. We think that we have very
high standards and we are encouraging drilling in our community but with those very
high standards. We are asking for a recommendation to take to city council for adoption
of these three changes to the ordinance. This board wouldn't necessarily vote on these
but would be recommending the change for the city council for them to adopt any new
changes.
Tom Duer asked it they are eliminating that 90 day extension after the first 90 days?
John Pitstick said yes.
Tom Duer said that the first period would be 180 days with one extension for 90 days?
John Pitstick said yes.
Garry Cope asked if the extension would only be allowed if they had begun drilling
within that 180 days?
John Pitstick said no. They have 180 days to drill. The only way they can get an
extension is by filing a written request and also have to prove that we haven't changed
the regulations in that time period.
Garry Cope asked if the time tops out at 270 days?
John Pitstick said yes.
Tom Lombard asked if we recommend this revision when would it be presented to the
City Council?
John Pitstick said that we are prepared to move it forward and hope to have it ready to
present to City Council at the January meeting.
Tom Lombard asked if the City Council approves the change in the ordinance if it goes
into affect immediately?
John Pitstick said yes.
Tom Duer asked with the 90 day extension. If they go 178 days without doing anything
and then file for an extension. Even if it is a multiple drill site they only have 90 days
more to initiate the wells that they were going to drill?
John Pitstick said that we are treating each well separately. If they have permitted for 5
wells than they would have to complete drilling within the 270 days.
Randy Shiflet, seconded by Tom Lombard motioned to approve proposed
changes to Gas Drilling & Production Ordinance to the City Council. The motion
was carried unanimously (4 -0). Kathy Luppy was absent.
6.
ADJOURNMENT
The chairman adjourned the meeting at 7:14 p.m.
Chairman Secretary
Tom Duer
Kathy Luppy
MINUTES OF THE MEETING OF THE
GAS BOARD OF APPEALS OF THE
CITY OF NORTH RICHLAND HILLS, TEXAS
NOVEMBER 6, 2008
1.
CALL TO ORDER
The meeting was called to order by Chairman Tom Duer at 6:33 p.m.
2.
ROLL CALL
PRESENT
CITY STAFF Director of Planning & Dev.
Assistant Dir. Public Works
Lieutenant
Recording Secretary
Tom Duer
Randy Shiflet
Kathy Luppy
Garry Cope
Tom Lombard
John Pitstick
Greg VanNieuwenhuize
Greg Lindsey
Gina Harner
3.
APPROVAL OF MARCH 13, 2008 MINUTES
APPROVED
Randy Shiflet, seconded by Garry Cope, motioned to approve the minutes from
March 13, 2008. The motion carried unanimously (5 -0).
4.
Review Proposed Changes to Gas Drilling & Production Ordinance
John Pitstick gave a power point presentation giving background information on gas
well sites and the history of the gas drilling ordinance. Mr. Pitstick presented three
proposed changes to the gas ordinance and asked the Gas Board for a
recommendation to take to the November 24 City Council meeting.
John said that due to some issues that have come up we are proposing to make
revisions to the gas well ordinance. The last revision was adopted in 2007. The first
change is to clarify allowance for only one permit extension beyond the 90 days from
the original permit date for a max of 180 days to drill. A typical building permit is 6
months. If they don't begin building within the 6 months then the permit expires. When
the 180 days expires then the following day they can come in and apply for another
permit. They will have to follow any new regulations and guidelines that have changed
since the original permit was issued.
We are also recommending a requirement for a gas well vicinity notice. This happened
on the Morrow Stevens site where a couple houses went in and the homeowner didn't
know that it was near a well site. It's a one time notice where they go and make
application on every property within 600 feet. They will go down to Tarrant County and
file a gas well vicinity notice. If you were to buy a house within 600 feet of a gas well
you would receive a notice at closing from the title company. This is just to make all
homeowners aware. It will also be attached to all new building permits so that the
builders are notified as well. If they are platting or re- platting the property it will be
placed on the face of the plat that this area is within 600 feet of a gas well.
Greg Van Nieuwenhuize said that it is kind of difficult since we don't know who the end
homeowner will be. We are trying to take steps to make sure that the homebuilders and
homeowners have been notified that there is gas well.
Tom Lombard asked if there is a time limit if the drill permit goes out to 180 days and
expires and the permit to drill is reapplied do they need to refile the gas vicinity notice?
John Pitstick said no. If they have already been filed there really isn't any need to do it
again.
Tom Lombard asked if the notice stays out there indefinitely whether drilling is there or
not?
Chairman Duer said that it is essentially a red flag that any potential landowner knows
that there is a well within 600 feet.
John Pitstick said that it may be under production but we don't know if they will want to
drill at that site again in 5 years. Once they go to production you don't even know that
the well is really there. It is a one time notification that is filed with the county. These
changes were taken to the September 22, 2008 City Council work session. There was
a consensus from City Council to have a 180 day drilling requirement and a gas well
vicinity notice.
Since the Council meeting there has been another issue that came up with Tarrant
County College. Larry Darlage from Tarrant County College called and there were
issues with the no build easement. They were concerned because the way the
ordinance reads is that you are giving an easement to the City of North Richland Hills.
The school board and Tarrant County College don't want to give property over to the
city. The ordinance reads like they are giving us land but in reality they are just filing an
easement that states that they won't build there. In lieu of that we have changed the
wording. It will state that "except for public institutions which provide a resolution from
their Board to not construct any buildings within 150 feet outside the screening wall.
Chairman Duer asked to hear from Lisa Powers from Chesapeake.
Lisa Powers with Chesapeake Energy, 100 Energy Way, Fort Worth, 76102. Overall we
don't have any issues with the three proposed changes. The only one that they were
concerned with was the length of the permits only allowing for the one 90 day extension.
Many times they submit 7 -8 well requests at one time. This is driven by our lease hold.
We drill when we know that one of our leases are about to expire. We have to make
good on our obligation to produce those minerals. With 6 or 7 wells it is almost
impossible to drill within that time frame. We are open to any type of suggestions or
compromise if possible. We understand the reason for the changes to try to help
bolster development. We weren't sure if the intent is to make sure the pad site gets
done as the main infrastructure. If the pad is already there with the masonry wall then
maybe it could be with the first well we would have to drill within the 90 days with the
one 90 day extension. Those were our thoughts and we are open to any suggestions
and discussions.
Chairman Duer asked when you come in with 5 permits are they charged the same
amount for each permit?
Greg Van Nieuwenhuize said yes.
Chairman Duer asked if they have to have individual engineer studies to be turned in or
do they use the same study for each application?
Greg Van Nieuwenhuize said they are submitting one set engineer studies with 5
applications. So there is some savings involved.
Chairman Duer said that he was just trying to determine if there was any savings for
Chesapeake by doing the permits this way.
Greg Van Nieuwenhuize said that we treat it as 5 separate permits and make sure the
distance requirements work for each of the 5 wells.
Chairman Duer said that he was just trying to figure out what Chesapeake's benefit
would be by submitting all 5 applications at once as opposed to submitting individually.
Greg Van Nieuwenhuize said that it moves faster because we are reviewing them all at
once. Graham submitted one and then waited months before submitting the application
for # 2. Graham #2 -H approval was able to move faster than the first permit application.
The only thing that held their process up was that their frac tank had changed from what
they had proposed on Graham #1 -H. It had changed because technology had changed
since when they had drilled Graham #1 -H. When Graham #1 -H was drilled they could
only go about 3000 feet with Graham #2 -H they were able to go 6000 feet. With going
that much further it would require more water so they needed a larger frac tank. Due to
that change it turned a review that could have been done in a couple days into
something that took a couple weeks.
Chairman Duer asked if there was a considerable cost in dividing them and submitting
one permit at a time?
Lisa Powers said that she didn't think that it would be a significant cost difference.
Anytime you need to hire another set of engineers to go out and stake out there would
be additional fees.
Chairman Duer asked if it would be necessary to get a new set of plans for each
separate permit?
Lisa Powers said that she didn't think so.
Chairman Duer asked what the benefit of submitting 5 at one time other than submitting
1 application every 3 months.
Lisa Powers said that it is driven by how much acreage they have leased. If we can get
a well permit and have the ability to drill 5 wells if we have adjacent contiguous land.
Then we are going to go ahead and move forward to prevent the lease from expiring. If
the lease expires they would have to go through renegotiating lease expenses. That
would allow them to go with another operator after they have done lots of work on it
already.
Chairman Duer said that he is just trying to determine the practicality of applying for a
permit once a month for 6 months in a row. Would that leave enough time to do each
well as opposed to submitting 5 at one time and then running out of time.
Lisa Powers said that it is the logistics of getting the initial pad site set up which can
take up to 1 -2 weeks. Then the actual rigging up takes 3 -4 weeks. Then there is the
dismantling and fracing for a couple days and then they have to get all of that
equipment out so that they can get the rig out.
Chairman Duer asked if they can have the rig up at the same time that they are fracing?
Lisa Powers said no. The water would have to use that well bore and not an actual drill.
Randy Shiflet asked about 104 -6J the first one which is about the 90 day permit and
then they can apply to the city for a 90 day extension.
John Pitstick said yes.
Randy Shiflet asked if they are getting close to 150 days and haven't completed can
they come before the Gas Board of Appeals?
John Pitstick said no. There is no time allowed beyond the 180 days. They can wait
until the 181St day and make a new application and pay a new fee. Based on the results
of their reapplication it might be brought before the board.
Randy Shiflet said that he thought that this is what the Gas Board of Appeals was
established for?
John Pitstick said that the board was established for appeals on setbacks. The 180
days was not set up to be able to go for appeal. After 180 days their permit is no longer
active. They can return the next day and reapply and pay their fees. At this point if a
house has been built then they would be required to come before the Gas Board of
Appeals to get a variance on the setback requirements.
Chairman Duer asked what keeps them from coming in on the 170th day to get the
second permit?
Greg Van Nieuwenhuize said that they could do that.
Garry Cope said that if he understands correctly this will stop this problem of having
someone build in the middle of the lease extensions.
John Pitstick said yes.
Garry Cope said that anyone who has built in there would be given notification.
Randy Shiflet said that he believed that the Gas Board of Appeals was set up to
determine timeline deadline issues? Specifically we have approved time line extensions
in the past.
John Pitstick said that those extensions were based on screening and landscape
requirements. They weren't getting a variance on time for drilling.
Chairman Duer asked if that would have to be finished by the 180th day of the first
permit.
John Pitstick said that they could come at the 150th day and make an application. If
they saw a building go up and were concerned that they weren't going to make the 180
days then they could make an application and send it before the Gas Board of Appeals.
Chairman Duer asked if they would have to have their equipment removed on the 181St
day and then bring the equipment back?
Greg Van Nieuwenhuize said that they wouldn't have to do that. They just wouldn't be
able to drill.
Chairman Duer said that they just wouldn't be able to drill that site once the permit
expired.
Greg Van Nieuwenhuize said that for example it is the 170th day and now there is a
house built within 600 feet. The homeowner is already aware because they have
received a vicinity notice. When Chesapeake comes back on day 181 and reapplies it
will not be a surprise the homeowner like it would be now if the absence of this
ordinance. In the absence of this that homeowner doesn't know what is behind the
fence. Now with the new ordinance the homeowner is notified when they close on the
property that a gas well is located within 600 feet. On day 181 when Chesapeake or the
other gas company goes before the Gas Board of Appeals for an extension on that one.
Chairman Duer said that when they come in for a permit and a house has already been
built then they can't do the second 90 day extension?
John Pitstick said that they would have to go before the Gas Board of Appeals.
Greg Van Nieuwenhuize said that since the homeowners will be notified they would not
be able to say that they didn't know about the gas well.
John Pitstick said that the same issue was brought up to George Staples and he said
that the way the current ordinance is written there is not an extension on the 180 days
and is not appealable to the Gas Board of Appeals.
Randy Shiflet asked that under the new ordinance it says 90 day permit with one 90 day
extension. What is on the ordinance today?
John Pitstick said Gas well permits shall automatically terminate unless extended if
drilling is not commenced within 90 days from the date of the issuance of the permit. A
well permit may be extended by the gas inspector for an additional 90 days upon written
request by the operator and proof that the regulatory standards of the request permit for
such location have not changed. The only thing changing is the regulatory change and
the buildings and the issues of the setbacks. Right now it cannot be extended beyond
180 days. If we change the regulations they would still have to meet those new
regulation standards to apply for that extension.
Chairman Duer asked if that would be for the second 90 days?
John Pitstick said yes. What we are saying is that the new ordinance in addition to
meeting the new regulations they would also have to meet field conditions.
Chairman Duer asked if the permit was approved based on a 90 day time frame?
John Pitstick said yes.
Chairman Duer asked if that means they can do what ever they need to do the first 90
days but once they ask for the second extension they are required to follow any new
regulations if something had changed since the permit was issued.
John Pitstick said that basically if the conditions of the site had changed during the first
90 days or if a building permit had been issued or something like that.
Chairman Duer asked if the first 90 days is all that they have that is approved?
Greg Van Nieuwenhuize said yes. Even under the ordinance there is no guarantee that
they get the second 90 day extension.
Garry Cope asked if it would be the same with the new ordinance.
Chairman Duer said that they would have to meet the requirements for any new
regulations for the second 90 days.
Randy Shiflet said that he can appreciate the comments and would like to determine
what the balance between the property owners and not the leasers. If someone comes
in and builds within that 600 feet. Personally I don't want to follow the 2 year guideline
because that basically locks up a 600 foot circle for 2 years. That is great for west
Texas but I don't believe that it is reasonable or feasible for residential or commercial in
this area. I'm looking at it to determine if we can strike a balance. I was thrown by the
time extensions when we had 3 prior occasions we have approved time extensions for
other circumstances. The Graham wells were an exception because we had a 3 way
deal that they came to themselves.
Chairman Duer said that those were civil agreements between property owners.
Garry Cope asked what the change would be on the new ordinance in section J.
John Pitstick said that there was just one little change. Under the regulations and
conditions then existing. It basically says the site conditions. Our current regulation
says they are only allowed one extension for 90 days. You can't go past 180 days but
the next 90 days is based on new regulations. We are adding "and conditions existing
on site."
Garry Cope said that the terminology is just being added into the ordinance.
John Pitstick said that they are just trying to make it more clear in the ordinance.
Garry Cope said that it is being placed in writing as to not completely leave up to gas
inspector. The amount of time is the same as it has always been. The same thing that
the drilling companies have been dealing with since day one.
John Pitstick said that Chesapeake has been great and we have a great relationship
with them. We just have a issues such as the building permits. If a situation comes up
and they can't drill within 180 days that is fine but they need to come back in to get a
new permit. Instead of coming in with 5 permits maybe only apply for 2 at a time if they
think that they can't be complete within the 180 day time period. We have up to 45 days
to approve a permit. We will bend over backwards if they already have the initial permit
approved. We are not trying to hold them up purposely but if conditions or regulations
change they will have to conform to those guidelines.
Chairman Duer said that what we are here tonight to approve what the City Council is
trying to change. This second issue is totally different as far as trying to extend the 180
days. The City Council isn't even approaching that topic at all are they?
John Pitstick said no. The Gas Board can recommend what ever you want but it has
never been anticipated to extend beyond the 180 days.
Chairman Duer said that the City Council wants us to observe and read over what they
are considering changing? The second issue is that the 180 days may not be enough
for multiple permitted drill sites. This probably needs to go before the City Council for
them to determine if they want to extend the 180 days for multiple permit sites.
John Pitstick said that is correct. This is not a Gas Board of Appeals issue.
Garry Cope said that you are just asking for our consensus?
John Pitstick said that is correct. They are just asking for your recommendations.
Chairman Duer said that he can see the validity of what Chesapeake is saying. With 5
wells it would be about a 10 month period of time with drilling and fracing each well.
That issue needs to be taken to the City Council for their consideration for multiple drill
well sites.
John Pitstick said that we will forward this to the City Council with your
recommendations and they will review. We have already had one issue come up where
a building getting built before the drilling was done. Since we have had a situation with
the wells changing to different companies we have no way of knowing what reasons
may come up for drilling not being complete.
Chairman Duer asked if it would be appropriate for the board to vote on this issue?
John Pitstick said that this is just a consensus.
Greg Van Nieuwenhuize said that the City Council generally reads through the minutes
to determine what the discussion and recommendations were before making a
determination on a matter.
Garry Cope asked if the City Council is asking for our input on this. If compromise is
necessary I wouldn't see why we couldn't add a third 90 day extension?
John Pitstick said that we can recommend whatever you think would be appropriate.
Chairman Duer said I think that the exception is where we have multiple permitted sites.
Single drill site requests have 180 days. Multiple drill holes could have a provision to
allow more time with the stipulation that the first well has to be completed within the 180
days.
John Pitstick asked what if it is written in that they would have to drill every 90 days.
Chairman Duer said that I don't know if we can prescribe an exact timing because
technology is changing but if they are given 180 days to get the first one completed and
then a possible 3rd 90 day extension.
John Pitstick said that if they come in with 5 permits they would have to drill every 90
days.
Randy Shiflet said that he liked what Garry Cope came up with.
Chairman Duer asked if that was for the original drill site or just for multiple drill holes?
Garry Cope said that we could further make it that they have 180 days for the first drill
with extensions allowable for 90 days for each well after that. They could punch 100
wells in there if they wanted to and they could get extensions. But they would have to
drill # 2 within 180 days plus their 90 day extension. They would have to drill #3 within
180 plus 180 days and so forth.
Chairman Duer said that one thing we are trying to prevent as far as the homeowners
and citizens is not to have a perpetual site going because they applied for 15 wells. I
think we should recommend 180 days to complete the first drill site and then no more
than 90 days for each additional one. Therefore they would need to complete the first
one way before the 180 days is up in order to get the second one started.
John Pitstick said the simplest thing to do would be to say a gas well shall automatically
terminate unless extended if the drilling is not commenced within 180 days from date of
issuance. Gas well permit may be extended for an additional 90 days,
Chairman Duer said that would give them 270 days.
Randy Shiflet said that is what he was thinking also.
Chairman Duer said that Lisa Powers said that the Railroad Commission is 2 years.
Garry Cope asked how many times would you allow them to do extensions?
Chairman Duer said that he thinks that only one additional 90 day to give them a total of
270 days of multiple drill hole sites. Then if that becomes a problem down the road and
can be reevaluated and possibly give them a 4th 90 day extension.
Randy Shiflet said or take away.
Chairman Duer said that the first one would have to be drilled within 180 days and
should we say in production?
John Pitstick said no. Production is a much bigger issue because you have to get the
gas pipelines. That could take 2 years or more.
Greg Van Nieuwenhuize said that some of these sites that are in the flood plain fracing
is sometimes an issue.
John Pitstick said that you have a good point. We are just saying that they have to drill
within 180 days. They could frac 5 years later and production 10 years. All we are
saying under the current ordinance is that they have to drill within 180 days. There is no
requirement for when they have to frac or go into production.
Chairman Duer said they have to have everything finished. They need to have the
screening fences and landscape complete within the 180 days. Once that is complete
they can go back in the site as many times as they want to.
John Pitstick said that what he is hearing is the board is recommending an initial 180
days that they have to drill the first well with the possibility of one 90 day extension.
Chairman Duer said yes. This would only be for multiple drill hole permits.
Randy Shiflet asked if that is for 90 days per hole.
John Pitstick said yes.
Chairman Duer said that it will say they have to drill the first well within 180 days and 90
days to finish up the remaining permitted wells.
Garry Cope said that it really is 90 days with a 90 day extension on the first hole.
Chairman Duer said yes.
Garry Cope said that if there is another hole after that they can ask for another 90 days.
Chairman Duer said that if we do per hole it would stretch it out to 90 days multiple
times.
John Pitstick said no. If you come in with 3 permits they would have 180 days to drill 3
holes as it sits now. What I am suggesting is you have 180 days to drill 3 holes and we
will give one extension for 90 days.
Greg Van Nieuwenhuize said that from what he is hearing though is that they can't get
that extension under your example unless one of those 3 were drilled in the first 180
days and finished. Then you get that extension for 90 days to do the remaining.
Chairman Duer asked Lisa Powers if what they are suggesting is feasible? You are
requesting for more than 180 days on the multiple drill hole sites.
Lisa Powers said yes.
Chairman Duer asked if adding another 90 days to give them a total of 270 days is
beneficial?
Lisa Powers said yes. That is better than what was originally proposed.
John Pitstick said that the only concern he has is on the multiple drill hole sites. I'm
supportive of the 180 days plus 90 days. We issue individual permits even though they
come in with more than one permit. So it is difficult for us to keep up with the time
frames on what we have now. The easiest way would be that each well would have a
specific time that starts. If they come in with 3 permits than the time starts on all 3 at
the same time. That will allow them 180 days to drill 3 wells. If they don't drill in the first
180 days then they will get one 90 day extension. Although you were saying that they
would have to drill in the first 180 days.
Greg Van Nieuwenhuize said that this is what Garry Cope was suggesting. You are only
applicable to getting the extension if at least one of the wells has been drilled.
Chairman Duer said that this keeps them from tying up the property for 270 days and
not doing anything with it.
Garry Cope said that this helps everybody. If something changes in the first 90 days
they won't be able to get the first 90 day extension without meeting the requirements for
any changes that have taken place. If they drill their first hole within the first 180 days
and they need more time to put in the other 2 holes they could ask for another 90 days.
Chairman Duer said that right now they can request the first 90 day extension without
drilling anything. So they can go 178 days and not have done anything with the
property.
Garry Cope said that the way it reads in the ordinance is that the second 90 days is up
to the Gas Inspector.
Greg Lindsey said yes.
Chairman Duer said that they are not guaranteed the second 90 days. But they don't
have to do anything to get the second 90 days.
Greg Lindsey said that the way he understands it is that they can have an empty pad
site for 90 days and come in and drill the first hole in the second 90 days.
Chairman Duer said that in order to get the third hole they would have to complete the
first of the multiple drill holes. That would at least show activity.
Randy Shiflet asked if that would be within the first 90 days?
Chairman Duer said within 180 days. You don't want them to sit on the property for 178
days and then decide last minute that they want the third extension.
John Pitstick said that what the board is saying is that they will have to drill at least one
well within the 180 days.
Chairman Duer said yes
John Pitstick said that with the multiple well site they could get an extension for one 90
day period.
Chairman Duer said that Chesapeake stated in their email that they might need to apply
for 5 permits at one time and the time constraints of drilling and fracing would be
difficult. That means that they would be doing something within the 180 days.
John Pitstick said that my point is that they could just wait another 30 days to make
another application.
Chairman Duer said that if they don't want to ask for the third 90 day extension then
they would just have to wait and reapply all over again.
John Pitstick said yes.
Chairman Duer said that this should take care of their logistics problem of trying to finish
everything in 180 days.
John Pitstick said that they will have to drill one hole within 180 days in order to be
eligible for the third 90 day extension. If it is a multiple well site then they have to drill
the first well within 180 days and they get one 90 day extension to give them a total of
270 days.
Tom Lombard said whether it is 5 or 10 wells.
Greg Van Nieuwenhuize asked what this would do to the screening requirements?
John Pitstick said that the screening has to do with production.
Greg Van Nieuwenhuize said that he just wanted to make sure that we wouldn't be put
in a situation that the screening had to be put up within 180 days with the drilling.
Garry Cope said that the good thing is that the drilling company can only sit on the
property for 90 days and then he has to ask for our indulgence and he must drill the first
well in the next 90 days.
Randy Shiflet said that he likes this direction that gets us to 270 total days. If no activity
has taken place in the first 90 days and some construction permits have come in for
new houses.
Chairman Duer said that they get the first 90 days as approved with their permit. If they
come in to request for the first 90 day extension and things have changed they will need
to be reviewed before the extension is granted.
John Pitstick said that he thought the board wanted to give them 180 days?
Garry Cope said no. They will get 90 days and then the inspector either approves or
denies the next 90 days. They have to drill that first well within the first 180 days and
then if they have multiple holes they can get another 90 days if the inspector approves
it.
Chairman Duer said that the only change we want to make is to add the third 90 day
extension. That is only exception that we are considering tonight. Everything else will
stay the same.
Garry Cope said that just adding a few words to the ordinance will take care of the
change.
John Pitstick said that the additional 90 days could be granted if they have multiple well
site and they drilled the first well within the first 180 days.
Greg Van Nieuwenhuize asked if everyone approved of the wording but just wanted to
make a change to the time frame?
Chairman Duer said yes. We are only adding the third 90 day extension.
Garry Cope said that this would only be eligible for multiple well sites.
Randy Shiflet said that where it says in the ordinance for one 90 day extension it would
be two.
Chairman Duer said yes. It would be a second extension on multiple drill holes only.
Greg Van Nieuwenhuize said that they have to get at least one well drilled between day
90 and 180.
Garry Cope said yes. Otherwise they cannot request the second 90 day extension.
Chairman Duer said that Chesapeake said that 180 days is not enough time to do
multiple drill sites.
John Pitstick said to clarify that if the first 90 days passes and a building gets built than
they have to get approved again. If nothing changes in 180 days then they get another
extension.
Chairman Duer said that right now when you approve a drill site they have 90 days to
start drilling. If they don't then they have to request an extension. If someone has built
a home during that time then they have to meet the new requirements. We aren't
proposing to change any of that. All we are changing is to add the third set of 90 days
extensions on the multiple drill holes permits. They would have to have completed
drilling the first hole to be eligible.
Tom Lombard asked if it would be to finish drilling?
John Pitstick said no it would be to just get started. They don't have to finish.
Chairman Duer said that we are only talking about drilling not production.
Greg Lindsey said that if they have 5 wells and they use 269 days to drill 4 wells and
one day to drill the fifth well. Once they start spudding on that 270th day the clock gets
punched and it stops.
Chairman Duer asked if that means that they can't do anymore drilling?
Greg Lindsey said that they will continue so they will actually get 270 plus. They just
have to get started drilling.
Chairman Duer said that on a single well site they have to start drilling by the 179th day.
On multiple well sites they would have had to have completed the initial drilling on all
that they have requested by the 269th day.
Garry Cope said that this is a good compromise. This helps Chesapeake or any other
driller but also helps anyone who is buying houses during that time period.
Tom Lombard said that the vicinity notice would take care of that.
John Pitstick asked if anyone had a problem with the gas vicinity notice.
Tom Lombard said no.
Chairman Duer said it was like Graham. People knew that they were going to be drilling
multiple wells on the site so it wasn't a surprise to the neighboring homes. But there will
be a notification that will be sent to the title company or county notifying them that there
are 5 permits that have been issued for this piece of property.
John Pitstick asked if there was any discussion needed for either of the other changes?
Garry Cope said no. We believe that these will be good changes for our citizens.
Chairman Duer asked the only other audience member Paul Lee from the North Hills
Mineral Owners Coalition if he had any questions regarding this proposed ordinance
revision. Mr. Lee said no.
5.
ADJOURNMENT
The chairman adjourned the meeting at 8:30 p.m.
Chairman
Tom Duer
Secretary
Kathy Luppy
CITY OF
NORTH RICHLAND HILLS
Department: City Manager's Office
Presented by: Karen Bostic
Council Meeting Date: 12 -22 -2008
Agenda No. F.6
Subject: GN 2008 -124 Approve 2009 State Legislative Program
The purpose of this item is to seek approval for the City of North Richland Hills'
proposed State Legislative Program for the 2009 session of the Texas State
Legislature. Staff has identified and included each of the issues into a specific category
based on the four guiding principles used to determine positions on each issue. These
four guiding principles are:
1. Vigorously oppose any legislation that erodes the authority to govern our own
local affairs;
2. Cities represent the level of government closest to the people. We bear primary
responsibility for the provision of capital infrastructure and for ensuring our
citizens' health and safety. Thus, we must be assured of a predictable and
sufficient level of revenue;
3. We will oppose the imposition of unfunded state mandates;
4. We will support any legislation that increases the quality of life for our citizens.
This includes legislation that will not only provide an equitable amount of revenue
for our city, but also provide equitable services that will encourage pride and
growth in our community.
This legislative program is intended to be a guide to our legislators to inform them of the
City's position on issues we expect will be raised during the session. The document will
be modified and issues will be changed as needed throughout the session. We expect
the workload of the 81St Texas Legislature to be the same if not more than last regular
session when more than 6,300 bills or significant resolutions were introduced, 1,200 of
which would have had a significant impact on cities. When the 80th Legislative session
adjourned in 2007, 1,500 bills or resolutions passed and were signed into law, with
about 120 of them impacting cities.
Staff is monitoring City related bills and issues, and will provide regular updates to
Council throughout the session. We will also keep you informed regarding any
legislative alerts or contacts that need to be made during the session.
Upon approval, our intention is to present this information to area State Representatives
and Senators to point out the City's key issues.
Recommendation:
Approve the North Richland Hills 2009 State Legislative Program
N1kH
City of North Richland Hills
81St Texas Legislative Session
Priority Legislative Issues
December 2008
GENERAL LEGISLATIVE POLICY
STATEMENT OF PRESERVATION
As a general policy, the City of North Richland Hills seeks to preserve its current authority
to govern the city, its citizens, and its property. As such, the City opposes any legislation
that is contrary to the health, safety, and welfare of its citizens. Specifically, the City
opposes legislation that:
• mandates increased costs without adequate compensation;
• forces a loss of revenues or a decrease in public services;
• diminishes the fundamental authority of the City;
• restricts the city's ability to regulate the location of manufactured or modular
housing;
• erodes municipal authority over rights -of -way;
• erodes the requirement for reasonable and fair compensation for use of public
land;
• erodes municipal control of water system;
• imposes mandatory staffing levels for fire personnel;
• requires unrealistic response times from fire personnel;
• requires the city to allow employees time away from work,
• exempts builders or developers from impact or drainage fees; or
• imposes costly health care benefits.
STATEMENT OF SUPPORT
Likewise, the City supports any legislation that advances its authority to conduct the public's
business or that improves the health, safety, and welfare of its citizens. The City supports
legislation designed to responsibly and fairly increases revenues to pay for needed services
or reduces the cost of providing services or maintaining a strong municipal workforce.
Lastly, the City supports legislation that responsibly promotes and increases economic
development or that is designed to improve the economy or create jobs.
COALITIONS & PARTNERSHIPS
When necessary, the City will form strategic partnerships with other cities in the Metroplex
and the surrounding County Commissioner's courts. The City will also work the other local
political subdivisions like the hospital district and the school district when commonalities
exist. Additionally, the City will work in coordination with organizations such as the Texas
Municipal League when their adopted positions are in line with the legislative objectives and
goals of the City. The formation of strategic partnerships and coordinated efforts is
intended to provide the City with a stronger presence in the legislative process.
GOALS OF THE CITY'S
LEGISLATIVE ACTIVITIES
The fundamental goal of the City of North Richland Hills' legislative activities is to
produce positive outcomes for our citizens. Numerous proposals in the Texas
Legislature have the potential to seriously impact the ability of the City to carryout its
overall mission. By taking a proactive role in the legislative process, the City is
accepting its responsibility to ensure the citizens of North Richland Hills can continue to
enjoy the quality of life they have come to expect and deserve.
Throughout the history of Texas, our legislators have created laws and policies that
greatly affect the administrative and political decisions of municipalities within the state.
As the next Texas State legislative session begins, City officials of North Richland Hills
would like to state our position on some of the issues we expect our state legislators to
face in the 81St Legislative Session. This paper is intended to provide our positions as
well as a small portion of background and reasoning for such positions.
The City of North Richland Hills uses four primary guiding principles in rendering its
opinions on legislative issues. These are:
1. We will vigorously oppose any legislation that erodes the authority to govern
our own local affairs.
2. Cities represent the level of government closest to the people. We bear
primary responsibility for the provision of capital infrastructure and for ensuring
our citizens' health and safety. Thus, we must be assured of a predictable and
sufficient level of revenue.
3. We will oppose the imposition of any state mandates, which do not provide for a
commensurate level of compensation.
4. We will support any legislation that increases the quality of life for our citizens.
This includes legislation that will not only provide an equitable amount of
revenue for our city, but also provide equitable services that will encourage
pride and growth in our community.
Other issues will arise as the legislative session progresses. If an issue arises that is
not included herein, we urge the legislature to keep our guiding principles in mind as
they make important decisions concerning our future.
SUMMARY of PRIORITY LEGISLATIVE ISSUES
1 . Preserve Local Revenue Sources
• Qppose legislation that interferes with the City's ability to finance existing
levels of public services. Specifically, the City opposes artificial limits on
property tax revenues and significant changes to the sales tax system
such as altering sourcing and point of sale laws.
2. Preserve Representative Form of Government
• Qppose legislation that fundamentally afters the representative form of
government and replaces it with a direct democracy form of government
that calls for decision making by public referendum.
3. Preserve an Equal, Fair, and Uniform Property Tax System
• moose legislation that creates inequities in the property appraisal system,
specifically appraisal caps that benefit certain property owners at the
expense of other citizens or appraisal caps that place a disproportionate
burden on certain types of properties.
• S u pport legislation that improves the appraisal process, improves citizens'
access to the dispute process, and protects property owners with a
uniform and equal appraisal system.
4. Preserve Local Control of Land Use Planning and Zoning
apps legislation that erodes local land use authority by restricting the
ability of cities to zone or rezone properties.
• Support legislation that provides for more IocaI oversight of natural gas
pipelines.
• Support legislation that would amend the exemptions identified in the
Texas Government Code under Chapter 2 45.00 4 that provide cities more
control when the determination of vested rights is being reviewed and
would support an exemption of zoning entirely.
5. Authorize Cities to Finance a Regional Commuter Rail System
• Seek passage of legislation that authorizes cities in the DFW Metroplex to
finance the creation of a regional commuter rail system with reliable
sources of revenue.
6. Municipal Water Main Breaks and the Discharge of Treated Water
• Support legislation that exempts treated water discharges from Texas
Commission on Environmental Qualify (TCEQ) enforcement actions.
7. Multi -City Participation in Local Re- Development Efforts
• Seek passage of legislation that authorizes a process for multiple cities to
participate in the creation of public improvement district (PID) or a tax
increment finance district (TIF) that crosses city limits.
8. Road Maintenance Funds
Support legislation that authorizes additional funding options to repair focal
roads damaged by heavy trucks.
9. Collection of Delinquent Fines
• Support legislation that streamlines the current process of collecting
delinquent fine amounts from liable parties or creates additional collection
methods.
10. Improve Public Park System
•
SUDDOrt legislation that provides additional funding for municipal public
park systems.
BACKGROUND OF PRIORITY LEGISLATIVE ISSUES
1. Preserve Local Revenue Sources
Cities are responsible for providing services that allow residents to feel safe,
secure and appreciative of their quality of life. Service level demands do not
decrease when times are bad, they often increase. There are already challenges
in providing services as the result of flattening appraisal values and sales tax
revenue losses. Cities need to have a reliable source of revenue available to
them to fund the services their residents demand.
2. Preserve Representative Form of Government
Past legislative sessions have seen bills introduced that would require public
referendum for many decisions that are currently made by City Council
consensus. This type of "direct democracy" only allows for the loudest voices to
be heard and does not govern to the true majority. City Council members are in
contact with residents on a daily basis and are well aware of the will of the
people. Requiring elections can not only slow down the decision making process
it unnecessarily adds costs to already strained local government budgets.
3. Preserve an Equal, Fair, and Uniform Property Tax System
Property tax caps benefit homes that are rapidly rising in value which generally
means a wealthier homeowner enjoys the greatest appreciation in value and
therefore benefits most from appraisal caps. In addition, property tax caps that
apply only to residential property essentially raise taxes on business. Further,
property tax caps ignore the differences between Texas cities. Cities have varied
ways of paying for the services provided to citizens. While caps hurt all property
taxing cities, they are especially hard on cities that have little or no sales tax
base.
4. Preserve Local Control of Land Use Planning and Zoning
Zoning regulation is an important and historic tool cities use to protect the health
and safety of its residents. It is imperative that cities retain the right to zone
parcels of land within their city limits. In addition, cities have the most direct
knowledge of their localities and can best determine the safest local conditions
on where gas pipelines can be placed.
5. Authorize Cities to Finance a Regional Commuter Rail System
Traffic is getting worse in North Texas as more residents arrive daily to an
already overburdened system. A unified regional transportation plan that
includes different modes of travel is needed. Currently many cities cannot
participate in alternative transportation because of financing restrictions. New
funding sources for alternative transportation such as rail must be created to help
alleviate the burden that highways alone cannot fix.
6. Municipal Water Main Breaks and the Discharge of Treated Water
Cities currently treat the water they discharge back into nature. Treated water
must already meet strict quality standards. It is unfair to hold treated water to the
same standards as industry discharges. This creates an undo hardship on the
consumer as they must not only pay for the treatment but the regulation costs as
well.
7. Multi -City Participation in Local Re- Development Efforts
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.
8. Road Maintenance Funds
Cities need a mechanism for repairing roadways damaged by heavy trucks that
does not place an additional burden on residents.
9. Collection of Delinquent Fines
Cities with a population of less than 100,000 are currently required to use third
party to collect delinquent fines. It would be more efficient and cost effective if all
cities, with no population restriction, could collect delinquent fines.
10. Improve Public Park System
Parks greatly enhance the quality of life for residents. Most park systems are
funded from property and sales taxes which are a level if not shrinking revenue
source. Cities need to assure that park funding is available in the future.
we] kihf1[d* &'9
City of North Richland Hills
7301 N E Loop 820
P. 0. Box 820609
North Richland Hills, Texas 76180
(817) 427 -6000
Fax: (817) 427 -6016
http:/twww.nrhtx.com
Larry J. Cunningham
City Manager
(817) 427 -6007
Email: Icunning hcL am0-nrhtx.com
Karen Bostic **
Assistant City Manager
(817) 427 -6005
Email: kbosticO- nrhtx.com
Mike Curtis
Managing Director
(817) 427 -6401
Email: mcurtisOnrhtx.com
City Mana -ger's Office
Jared Miller
Assistant City Manager
(817) 427 -6006
Email: imiller nrhtx.com
Jimmy Perdue
Assistant City Manager
(817) 427 -6009
Email: jperdueO- nrhtx.com
Mayor and City Council
(817) 427 -6061
Oscar Trevino, Mayor
Scott Turnage, Mayor Pro Tem
John H. Lewis — Place 1
Ken Sapp — Place 2
Suzy Compton. — Place 3
Tim Barth — Place 4
David Whitson — Place 5
Tim Welch — Place 7
** Karen Bostic is the primary legislative contact for North Richland Hills
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Agenda No. G.0
Subject: EXECUTIVE SESSION ITEMS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -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: 12 -22 -2008
Presented by: Agenda No. H.0
Subject: INFORMATION AND REPORTS
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary
Presented by: Councilman Ken Sapp
Subject: Announcements - Councilman Sapp
Announcements
Council Meeting Date: 12 -22 -2008
Agenda No. H.1
City Hall and other non - emergency City offices will be closed for the holidays on
December 25 and January 1. Duncan Disposal will not provide garbage and recycling
collections on Christmas Day and New Year's Day. During both holiday weeks,
Thursday collections will be made on Friday and Friday's collections will shift to
Saturday.
Christmas trees can be dropped off for recycling December 26 through January 7 at
Green Valley Park, 7701 Smithfield Road. Residents can also place Christmas trees
curbside for recycling on Wednesday, December 31 and Wednesday, January 7. Mulch
from the recycled trees will be available for residents to pick up at Green Valley Park
January 10 — 16. For more details, please call the Neighborhood Services Department
at 817 - 427 -6650.
The North Richland Hills Fire Department holds CPR Classes once a month at the Fire
Administration Building located at 7202 Dick Fisher Drive. Classes are American Heart
Association approved and participants receive a certification card. The next class is
scheduled from 1 p.m. to 5 p.m. on Saturday, January 10. The cost is $25. To sign up or
get more information, please call 817 - 427 -6900.
Kudos Korner
Every Council Meeting, we spotlight our employees for the great things they do.
Officer Chris Lizak, Police Department
A phone call was received from a resident to express her appreciation for the
assistance Officer Lizak provided when she experienced a flat tire. He was extremely
nice and professional and she was very grateful for his help.
CITY OF
NORTH RICHLAND HILLS
Department: City Secretary Council Meeting Date: 12 -22 -2008
Presented by: Agenda No. H.2
Subject: Adjournment