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CC 2009-01-12 Agendas
CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 12, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-001 Update 'Business Improvement & Growth (BIG) Program' -Targeted Economic Development (10 Minutes) A.3 IR 2009-002 Red Light Enforcement Program Update (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 the purchase, exchange or value of real property for municipal use -Central Sector of City B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of Municipal Property South of Loop 820 C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on January 9, 2009 at ~ ~ A .~ i' Pr ~ • } ~' ~ ~. A sistant 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. January 12, 2009 -City Council Agenda Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 12, 2009 7:00 P.M. ------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ Library on the Friday prior to the meeting (available electronically) ^ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ------------------------------------------------------------------------------------------------------------- - A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) 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. January 12, 2009 -City Council Agenda Page 2 of 4 B.1 Approval of Minutes of December 22, 2008 City Council Meeting B.2 GN 2009-002 Approval of an amendment to the interlocal agreement between the City of North Richland Hills and Tarrant County concerning the 800 MHz radio maintenance agreement by extending the agreement through September 30, 2009 -Resolution No. 2009-002 B.3 PU 2009-001 Award Bid No. 08-0138 Traffic Signals/Intersection Improvements to Durable Specialties Inc. in the Amount of $302,700. C.0 PUBLIC HEARINGS C.1 RP 2008-04 Public Hearing and Consideration of a Request from Terry Browning to Approve a Replat of Lot 53, Block 4, Fossil Creek Trails Addition and Tract 2S2A, Abstract 1520 into Lot 53R, Block 4, Fossil Creek Trails Addition (Located in the 6000 Block of Riviera Drive - 0.535 acres). C.2 RP 2008-08 Public Hearing and Consideration of a Request from Thomas Smith to Approve a Replat of Lot 24, Block 6, Glenann Addition into Lots 24R1 and 24R2, Block 6, Glenann Addition (Located at 6825 Simmons Road - 0.967 acres). C.3 SUP 2008-08 Public Hearing and Consideration of a Request from Jerry Conger to Approve a Special Use Permit for Pet Lodging at Jerry Conger's Paw Spa (Located at 7800 Davis Boulevard) -Ordinance No. 3037 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 GN 2009-001 Approval of a Resolution Authorizing the 'Business Improvement and Growth Program' Promoting Targeted Economic Development to Local Businesses - Resolution No. 2009-001 F.2 GN 2009-003 Approval of a Resolution Supporting the Regional Transportation Council's Legislative Program for the 81st Texas Legislature -Resolution No. 2009-003 F.3 GN 2009-004 Approval of a Resolution Supporting the Regional Transportation Council's Legislative Position for the 81st Texas Legislature Regarding the Rail North Texas Initiative -Resolution No. 2009-004 January 12, 2009 -City Council Agenda Page 3 of 4 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 Lewis 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 January 9, 2009 at ~ = 2 G k f~~ start 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. January 12, 2009 -City Council Agenda Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, January 12, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-001 Update 'Business Improvement & Growth (BIG) Program' -Targeted Economic Developmen~10 Minutes) A.3 IR 2009-002 Red Light Enforcement Program Update (10 Minutes) B.0 EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the followinq_ as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property for municipal use - Central Sector of City B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of Municipal Property South of Loop 820 C.0 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-001 Date: January 12, 2009 ...., :;... R :::: s;;:::::.a Subject: Update on `Business Improvement and Growth (BIG) Program' `~~' ~._;,z Promoting Targeted Economic Development The Business Improvement and Growth (BIG) program utilizes existing reserves that have been specifically dedicated to Economic Development activities per the Council Gas Fund Policy that establishes usage guidelines for non-recurring projects. Designed to encourage private commercial re-investment through matching grants, BIG focuses on facade improvements, non-conforming sign removal and conforming sign construction. This program is a top priority for the Economic Development Department, specifically businesses located along Boulevard 26 &Rufe Snow south of Loop 820, which aligns with the City's TIF 1 expansion and Glenview and Rufe Snow intersection improvements. We wanted to take this time to explain how we are approaching the implementation of this program. Staff Approach . Seek out and identify businesses that are in need improvement o Over 21 businesses have been identified along Blvd. 26 &Rufe Snow south of Loop 820 . Develop materials that easily explain the program o An exciting 10-step process with before and after visuals 0 1 page flyer • Communicate program through City communication vehicles and word of mouth o News and Notes article o Recent free press Grant Breakdown & Grantee Eligibility . Grants are broken into three separate areas: o Storefront improvements - 100% match up to $10,000 o New conforming signage - 100% match up to $3,000 o Removal of non-conforming signage -City removal at City cost up to $2,000 . Among other requirements, Grantee must be: o A commercial property owner or tenant south of Mid Cities facing Rufe Snow, Davis, or SH 26 o Willing to permanently remove non-conforming signage o Up to date on all municipal taxes and fees prior to participation o Compliant with all state and local laws pertaining to licensing, permits and codes Statu s There are currently 4 businesses participating, with 3 additional strong candidates. 2008/2009 Goals The current program is budgeted for $100,000 for this fiscal year with a minimum goal of 10 program participants. Constant assessments will be done to optimize the size and scope of the program. Respectfully Submitted, Craig Hulse, Director of Economic Development ~ ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Recent Free Press L Y.ar=;ay, :rmuary 5. Ze7[M AiQRTH Rl[:HLAPSD HILLS --- Businesses can get city aid to spruce up ltb pan of a strategy to BCiutttyittg North imprava more mature -'-T ~ Richland Hinz naiRlWor+-oods. ?~?€~}`:x:~;t ~a, id`s" ~.s;. h MATT Fi1A21ER ~ »_ '~• ~~, - NortA .; ,~. w• J RicMand ,nhan..~nv od aTr.~..a ~ ~ Mills ~ 1~ w l~kemany Nrv. Yra b ..,,0ut~un:~. ~~ Nuttlt Puc°16t-tti ~ l ' irxlu~~• -'~ i .~, ~ , . r ~ o t~ • gfaklnlja teN 'ilMaria tnPn3] - ~ i 'ts uffets~YK Ixr,tnc ors akrnt; ~ ~ tif.^j : ~ „~'~ three of its majgr traffic rorridcers ,A`-; _ `y i L°` t .f ~ tree Ae~ittn ;Cea~ sitd ~p to .>= 1 t 51~;,Ullt/ rates ftu sitYrr:ttngt ittr- • s?no.*cw~: ptol7UtnegtA n ~ ~' i:in; offirfals ~ry tiYe pYt;itr ., , ~~~ !#: ;,~ fm}rnn•t•=nt nt ~. [irtlwth i'rG~ 'r' a ~ ~ «~ i C>4 d is part of a strategy ro rrannr ,, ~ ~ I redly tYrw+a hu;.rnesw Ynri Yr t . ~`,~°. +~~ . r; 4w~-~•~ m i^ rnc.:~ .*•x~ . ~' ts, ~+ .I ~ ~ Fort r~. ~, . slntrnrtr . ~ `` . . ncigt:bor:rrnods "". ~ 7k i /t_... i~ r - tMortn «.«~ ~ "?,9cte iYtw.it~le null vY.Krit rr, ~,. -_.._... ,W.. .,~ ~ _.. gta°nl tiwar bet tut~ssra, us,~ Ut, ~ : tiu_ Yc t.. t ..hrre ^rale* ' tryttis outrr m fJcrr:h Ric+Yaars@ atv writ benefit Rant inttYturerl ,,,• - ~ "".' °" ,•..••.'•- N.11s tan M u .n a piopri~v~siucsandca:znrrrc•etn "~ .~` ~' ~ P' ~ sAkh)hxYm thusr_.trcas,'stiA(:rais;Huls~ tits »~r thcckytemakest+-rctr-•^rmort e%tys direernrnfecnnnmic dev.~ -. _ ;:.~c t_..c do„ ~;~ r ., j~rr.. ... .. ~ . n _- , - attractive. AI)nY Pill -'t =~.~e, ., .. _rr Target Area -Blvd. 26 & Rufe Snow south of Loop 820 Business identified for improvement ~ Business strongly considering program ~. Participating business ~' Intersection Improvement ~ Burying Aerial Utilities .~l`""'~~ .may'" ~..y 4,p~ ,,•Y,;;~ .~ ^X'YJ, ,~i.~ti ##~.t~~~~`t'!t ~ i A~ Tn S~ ,F r • R. ~~ ~~ +~ • ~~ ~ d • _J'7 ~~ 1~Q rr'4'1~ .-«~...-.' T *:~ °...I[r7 .,.~~~~ per' i.. ,~..R ~"„{. 1t ti. ~,~, ! P ~ ~'., ~' rY n i Q' ~?~ .tea. Y~ t .~ ~```' r r;~ 'aL' ~ . ~'~.: ;gas C,.~* ~r ,~.. x;.~"~ ~Ir~rn ~~~-, .i6 fig.:, ~ r r-.. ~ ~z ~ t5 { y `i i ;,,;• ~. I>. G c ~ "'~ t,,, }tt`: "'~ x ~' ~ 1~ t ~ 't'~ ~-4 ~~~„ ti ,~s k.? ~;~? ,~ -~ ,~.-- ~-• , _. ;,~ „~ Glenview . ~.....t.. - ~ ~ _ ^'7 t r ,s• d EGA F - /R.'.+t `a ~, k r ~~ ~. ~t ,s t...: ' st`'1~' •;~g .•~` ! ~:~_ M ~ .+ 1 '. ~ YYY .se ' . e r. ~«. { Y b ~; ~ y. 4 ~ti • `l ~. i a ~tiaa~•VR~`•~ ag a t'` ~~ ~;. ~t~~-~~~~ .. ,~ 1+ •"- 1' n «. t •' INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-002 1 . .- Date: January 12, 2009 .. s. ~:~' Subject: Red Light Enforcement Program Update The North Richland Hills Red Light Enforcement Program has been underway since May of 2007, when the initial camera began documenting violations. Over the nine months following that date eight additional cameras became operational. Today we currently have nine red light enforcement cameras functioning at the seven intersections that original project research determined had the greatest amount of violators. The primary reason for this program was to increase traffic safety in North Richland Hills by developing heightened driver awareness by those travelling our roadways. We anticipated the use of the Red Light cameras would assist in gaining voluntary compliance of traffic laws, specifically the one violation related to high injury crashes, red light violations. When Assistant City Manager Jimmy Perdue originally presented this idea to Council in 2006, he anticipated up to a 50% decrease in crashes at monitored intersections. I am pleased to announce that 2007/2008 fiscal year statistics showed a 54% decrease in total crashes, and a 59% decrease in crashes with injuries at monitored intersections. The program has proven itself to be self-sustaining with 15,753 violations for the fiscal year accounting for $825,191 in gross revenue. $550,522 of these funds supported operating expenses, $137,334 was delegated to the Texas Trauma Account, and $137,334 was placed into the North Richland Hills Traffic Safety Fund. $113,523 of the Traffic Safety Fund was expended during the 07/08 fiscal year, with $53,523 being used to purchase three Harley Davidson Police motorcycles, and $60,000 being put towards the traffic signalization project at Winter Park and Mid Cities. The results of this program demonstrate is has proved to be successful and exceeded expectations during its first full year of operation. We look forward to presenting further information on this program at the Council worksession next week. Respectfully Submitted, Andy Kancel Assistant Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 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: 1-12-2009 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange or value of real property for municipal use -Central Sector of City CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Lease of Municipal Property South of Loop 820 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 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, January 12, 2009 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) 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 22, 2008 City Council Meeting B.2 GN 2009-002 Approval of an amendment to the interlocal agreement between the City of North Richland Hills and Tarrant County concerning the 800 MHz radio maintenance agreement by extending the agreement through September 30, 2009 -Resolution No. 2009-002 B.3 PU 2009-001 Award Bid No. 08-0138 Traffic Signals/Intersection Improvements to Durable Specialties Inc. in the Amount of $302,700. C.0 PUBLIC HEARINGS C.1 RP 2008-04 Public Hearing and Consideration of a Request from Terry Browning to Approve a Replat of Lot 53, Block 4, Fossil Creek Trails Addition and Tract 2S2A, Abstract 1520 into Lot 53R, Block 4, Fossil Creek Trails Addition (Located in the 6000 Block of Riviera Drive - 0.535 acres). C.2 RP 2008-08 Public Hearing and Consideration of a Request from Thomas Smith to Approve a Replat of Lot 24, Block 6, Glenann Addition into Lots 24R1 and 24R2, Block 6, Glenann Addition Located at 6825 Simmons Road - 0.967 acres C.3 SUP 2008-08 Public Hearing and Consideration of a Request from Jerr~nger to Approve a Special Use Permit for Pet Lodging at Jerry Conger's Paw Spa Located at 7800 Davis BoulevardLOrdinance No. 3037 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 GN 2009-001 Aaaroval of a Resolution Authorizing the 'Business Improvement and Growth Program' Promotinc~Targeted Economic Development to Local Businesses -Resolution No. 2009-001 F.2 GN 2009-003 Approval of a Resolution Supporting the Regional Transportation Council's Leaislative Proaram for the 81st Texas Legislature -Resolution No. 2009-003 F.3 GN 2009-004 Approval of a Resolution Supporting the Regional Transportation Council's Legislative Position for the 81st Texas Legislature Regarding the Rail North Texas Initiative -Resolution No. 2009-004 G.0 EXECUTIVE SESSION ITEMS G.1 Action on An~ltem Discussed in Executive Session Listed on Work Session A eg nda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Lewis H.2 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman Tim Barth Council Meeting Date: 1-12-2009 Agenda No. A.1 Subject: Invocation -Councilman Barth CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Councilman Tim Barth Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognitions) Council Meeting Date: 1-12-2009 Agenda No. A.3 No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 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 R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-12-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 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 R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of December 22, 2008 City Council Meeting Recommendation: To approve the December 22,2008 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 22, 2008 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22nd 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: 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 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 Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce ~ Finance Director Craig Hulse Economic Development Director Vickie Loftice Parks and Recreation Director Bill Thornton Parks and Recreation Assistant Director Jamie Brockway Purchasing Manager Sean Hughes Emergency Management Coordinator Mark Mills Budget Director Absent: Oscar Trevino Mayor Tim Welch Council, Place 7 Call to Order Mayor Pro Tem Turnage called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting None. A.2 IR 2008-132 Update of 2006 International Residential Code (for 1 & 2 Family Dwellings and the 2006 International Plumbing Code Dave Pendley, Building Official presented a PowerPoint presentation updating Council on 2006 International Residential Code and 2006 International Plumbing Code changes. Residential Code changes include: • Chemical 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 foot tall single story homes & 12 foot tall two story homes. • Building paper, "Tyvek", or other moisture barrier is required on wood framed homes. • Exterior walls less than 5'-0" from property line must be fire rated. • Windows at least 36" above stairs and landings no longer required to be tempered. • Windows over 6 ft. 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" 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' 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. Plumbing Code changes include: • 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 irri_ aq tors contained in Chapter 344 of the Texas Administrative Code. T.C.E.Q. Requirements (HB 1656 requires cities with populations over 20,000 to): • Adopt landscape provisions by ordinance. • Verify the irrigator designing and installing the system is licensed. • Issue permits prior to installation. • Verify the design and installation meet TCEQ requirements. • Maintain a log of inspections for a period of 3 years. Irriq_ ation System Requirements • Plans must be sealed by a licensed irrigator. • Spacing of heads not to exceed manufactures recommendations. • No sprinkling of areas less than 48 in. wide containing pavement on two or more sides (area between curb and sidewalk). • Sprinkler heads may not be directed over pavement and must be spaced at least 4 in. from a hardscape. • Rain & freeze sensor required. • PVC colored primer required at joints. • Isolation valve required. • Pipes to be at least 6 inches deep. • Backflow device is required. Double check valves still allowed (with restrictions). • Irrigator must conduct an instructional walk through with owner & provide 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. How this affects staff: • 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. • Current permit fee is $36. • Proposing fee increase to 100 for residential systems and 125 for multi-family and commercial systems. This is consistent with neighboring communities. Purpose of the Update • Remain current on latest technologies and construction methods • Stay current with surrounding DFW communities A.3 IR 2008-134 Briefing on Federal Economic Recovery Effort Karen Bostic, Assistant City Manager briefed Council on Federal economic recovery efforts. 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. Area cities were asked to submit a 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. There were no questions from Council. A.4 IR 2008-133 Update on Completion of City Council Goals and Action Items Elizabeth Reining, Assistant to the City Manager presented a PowerPoint presentation updating Council on the completion and progress of City Council Goals and Action Items. The Goals Work Session was held in November 2006 where goals and objectives were created. There were 106 action items to meet those goals and objectives. • Goal #1: Quality Community Development and Revitalization • Goal #2: Efficient and Effective Transportation System • Goal #3: Safety and Security • Goal #4: Financial Stability • Goal #5: Preserve Positive City Image • Goal #6: A Sense of Community • Goal #7: Targeted Economic Development • Goal #8: Local and Regional Leadership There are: • 54 items are Ongoing (projects staff continuously works on) • 28 items are Complete (projects completed to meet Council Goals) • 21 items are In Progress (projects with significant progress but not completed) • 3 items are Not Complete (projects with little or no progress) On going Action Items: • Projects staff continuously works on • 54 action items Include: - Funding sidewalk program - Active in RTC, TRTC - Quarterly live fire training - Improving online services - Marketing City to potential investors Complete Action Items: • Projects completed to meet Council Goals • 28 action items • Include: - Construction of new library - Public arts brochure - Upgrade to Tiburon system - Implement Neighborhood LOOKS program - Complete Parks Master Plan In Progress Action Items: • Projects with significant progress but not completed • 21 action items • Include: - Landscape improvements along Davis Blvd. - Implement Hall of Fame program - Facility Master Plan - Training programs for grant opportunities - Update Building Codes Not completed Action Items: • Projects with little or no progress • 3 action items • Include: - Land bank specific property - Citizens' Academy - Construction of amphitheatre The next Goals Works Session is January 9-10, 2009. There were no questions from Council. 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 Mayor Pro Tem Turnage announced at 6:10 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to deliberate land acquisition for parks -northeast sector. C.0 Adiournment Mayor Pro Tem Turnage announced at 6:49 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tem Turnage called the meeting to order December 22, 2008 at 7:01 p.m. ROLL CALL Present: Scott Turnage John Lewis Ken Sapp Suzy Compton Tim Barth David Whitson Staff: Larry J. Cunningham Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Monica Solko George Staples Absent: Mayor Pro Tem, Council Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 City Manager Assistant City Manager Assistant City Manager Assistant City Manager Managing Director Assistant City Secretary Attorney Oscar Trevino Mayor Tim Welch Council, Place 7 A.1 INVOCATION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) Keep NRH Beautiful Christmas Lighting Awards Councilman Whitson and Keep NRH Beautiful Chair Kathy Luppy presented the 2008 Keep NRH Beautiful Christmas Lighting Awards: Wade & Patty Weaver, 6216 Windsor Court; David Herrera, 6908 Corona Drive; Richard & Cynthia Ward, 4920 Skylark Circle; Richard & Theresa Radwan, 5909 Circle Dr. N.; James & Lucy Gonzalez, 8008 Bridge Street; Javier & Laura Esquivel, 7516 Chapman; Frank Kossler & Barbara Tiebens, 8800 Thornway; Lupe & Linda Cruz, 7528 Brockwood Court; Art Herrington, 6705 Parkwood; Larry & Angelica Langford, 8100 Long Trail Drive. A.4 CITIZENS PRESENTATION Councilman Barth advised that there were citizens wishing to address Council. The following individuals expressed concerns with the oil and gas pipeline production near their homes. Eric Jones, 1007 Creehollow Drive, Keller Kristie Fett, 1609 Creekridge Drive, Keller Jennifer Thompson, 1607 Creekridge Drive, Keller Barry Thompson, 1607 Creekridge Drive, Keller Andy Ingram, 712 Bent Tree Court, Hurst Stan Fortune, 1613 Creerridge Drive, Keller A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF 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 COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT; AGENQA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIIED ~-0. PUBLIC HEARINGS C.1 No items for this category. PLANNING & DEVELOPMENT D.1 No items for this category. PUBLIC WORKS E.1 No items for this category. 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 APPROVED Bill Thornton, Parks and Recreation Assistant Director presented the item. The item is to consider the award of a construction contract for the third phase attraction and restroom facility at NRH2O. The City requested competitive sealed proposals in accordance with city policy and proposals were received from four firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the construction contract to Workman Commercial Construction Services, Ltd in an amount of $1,967,832. COUNCILMAN LEWIS MOVED TO APPROVE PU 2008-034. COUNCILMAN BARTH SECONQED THE MOTION. MOTION TO APPROVE CARRIED 6-a. F.2 GN 2008-121 CONSIDERATION OF ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE AS AMENDED -ORDINANCE NO. 3035 APPROVED Dave Pendley, Building Official presented items F.2 adopting the 2006 International Residential Code as amended and F.3 adopting the 2006 International Plumbing Code as amended. The 2006 International Residential Code will have minimal impact on the current requirements that architects, engineers & builders must meet. A brief list of items that will be changing are: • 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. COUNCILWOMAN COMRTON MOVED TO ARPROVE GN 2.008-'121; ORDINANCE NO. 3035, COUNCILMAN $APP SECONDED THE MOTION. MOTION TO APRROYE CARRIED 6-0, F.3 GN 2008-122 CONSIDERATION OF ADOPTING THE 2006 INTERNATIONAL PLUMBING CODE AS AMENDED -ORDINANCE NO. 3036 APPROVED Dave Pendley, Building Official presented items F.2 adopting the 2006 International Residential Code as amended and F.3 adopting the 2006 International Plumbing Code as amended. The 2006 International Plumbing Code 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. A brief list of items that will be changing are: • 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 order to cover the additional work provided in this mandate staff is recommending a permit fee increase from $36 to $100 for residential systems and $125 for multi-family and commercial systems. The fee increase is consistent with neighboring communities. COUNCILWOMAN COMPTON MOVED TO APPROVE GN 2008-1' 22, ORDINANCE NO, 3038.. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED C-0.. 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 APPROVED Sean Hughes, Emergency Management Coordinator presented the item. 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 asub-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. COUNCILMAN BARTH MOVED TO APPROVE. GN 200E--123. COUNCILVtIOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-~, F.5 GN 2008-125 CONSIDER AN AMENDMENT TO THE CITY CODE, CHAPTER 104: "GAS WELL DRILLING AND PRODUCTION" -ORDINANCE NO. 3031 APPROVED John Pitstick, Planning and Development Director presented the item. 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. Recommended Changes to Gas Well Drilling & Production Ordinance Section 104-6. Gas Well Permit Requirements U) A gas well permit shall automatically terminate, unless extended, if drilling is not commenced within one hundred eighty (180) ~ days from the dpate~o~f the issuance of the permit. A well permit may be extended ~y tk~" y`"" 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 . (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, 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." COUNCILMAN ~I1IHITSON MOVED TO APPROVE GN 2008-125; ORDINANCE NO. 3031. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-Q. F.6 GN 2008-124 APPROVE 2009 STATE LEGISLATIVE PROGRAM APPROVED Karen Bostic, Assistant City Manager presented the item. The City based its 2009 State Legislative Program on four guiding principles - 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. The City will bear primary responsibility for the provision of capital infrastructure and for ensuring our citizens' health and safety. Thus, the City must be assured of a predictable and sufficient level of revenue; 3) oppose the imposition of unfunded state mandates; and 4) 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. Upon approval, staff will present this information to area State Representatives and Senators to point out the City's key issues. COUNCILMAN SARP MOVED TO APPROVE THE 2.009 STATE LEGISLATIVE PROGRAM, GN 2008- 124. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIIED 6-0. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. 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 -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. H.2 ADJOURNMENT Mayor Pro Tem Turnage adjourned the meeting at 8:14 p.m. Scott Turnage -Mayor Pro Tem ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Emergency Management Presented by: Sean Hughes Council Meeting Date: 1-12-2009 Agenda No. B.2 Subject: GN 2009-002 Approval of an amendment to the interlocal agreement between the City of North Richland Hills and Tarrant County concerning the 800 MHz radio maintenance agreement by extending the agreement through September 30, 2009 - Resolution No. 2009-002 This resolution facilitates the participation of Tarrant County in the North Richland Hills Radio Maintenance Consortium. This consortium brings together the various cities of North Richland Hills, Richland Hills, Haltom City, Keller, Bedford, Euless, Southlake, Colleyville, Grapevine, Westlake and the Tarrant County Sheriff's Office together to get better pricing on the annual Motorola Maintenance Contract. This resolution is an annual amendment and must be signed so that the resolution can be presented to be signed by the Tarrant County Judge. Recommendation: To approve the joint resolution, Resolution No. 2009-002. CITY OF NORTH RICHLAND HILLS RESOLUTION NO. 2009-002 CoU~r?; .~^~'. ~: ;H ~: ~. JOINT RESOLUTION AMENDING THE INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY AND THE CITY OF NORTH RICHLAND HILLS CONCERNING THE 800 MHz RADIO MAINTENANCE AGREEMENT BY EXTENDING THE AGREEMENT THROUGH SEPTEMBER 30, 2009 Whereas, the County of Tarrant (County) and the City of North Richland Hills (NRH) entered into an Interlocal agreement on June 28, 1994 (Court Order# 70866), relating to 800 MHz Radio Maintenance Agreement; and Whereas, through Tarrant County's participation in this agreement, the maintenance fees per radio paid by Tarrant County is less than if the County did not participate in this Agreement; and Whereas, the annual maintenance fees paid by Tarrant County to North Richland Hills has remained the same at $5.60 per radio per month; and Whereas, the annual maintenance for radio consoles has remained the same at $175.00 per console per month; and Whereas, this Agreement was previously amended by Court Order #101960; and Whereas, it is the desire of the County and NRH to extend this Agreement through September 30, 2009; Now, therefore, be it resolved that, upon the execution of this Joint Resolution by both parties, this amendment shall be effective on and after October 1, 2008 and Be it further resolved that, the Agreement, as extended through September 30, 2009, otherwise remains in full force and effect. Signed this day of Order # 2009, pursuant to Commissioners Court B. Glen Whitley County Judge Tarrant County Approved as to Form: Certification of Funds Available: District Attorney's Office Hills. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: S. Renee Tidwell County Auditor Approved this 12t" day of January, 2009 by the City Council of the City of North Richland George A. Staples, City Attorney CITY OF NORTH RICHLAND HILLS Department: Finance Presented by: MCurtis/LKoonce Council Meeting Date: 1-12-2009 Agenda No. B.3 Subject: PU 2009-001 Award Bid No. 08-0138 Traffic Signals/Intersection Improvements to Durable Specialties Inc. in the Amount of $302,700. Council approved a total of $530,000 for the construction of traffic signalization and intersection improvements for three (3) intersections. Each intersection was identified as a separate CIP project in the Capital Projects budget and is summarized below. 1. Davis Boulevard @Bursey Road in FY 2007/08 CIP Budget (ST0805). Due to the number of lots platted in the Forest Glenn Subdivisions (East and West) and the construction of the new section of Bursey Road. which completed the connection between Rufe Snow Drive and Davis Boulevard, a traffic signal became necessary in order to handle the increase in traffic at Bursey Road and Davis Boulevard. Currently, it is estimated that over 32,000 vehicles travel through this intersection each day. The construction budget approved for this intersection improvement is $170,000. 2. Precinct Line Rd. @ Amundson Dr. in FY 2007/08 CIP Budget (ST0806). This traffic signal installation is necessary to handle the existing traffic volume as well as the anticipated increases in traffic due to the number of lots that have recently been platted in this area and along streets connecting to Amundson Drive. The construction budget approved for this intersection improvement is $180, 000. 3. Precinct Line Rd @ Rumfield Rd. in FY 2007108 CIP Budget (ST0807). This traffic signal installation is necessary due to the growth that is occurring in this part of the City. There have been a number of lots platted in the area around Eden Road and Kirk Lane over the past few years and a traffic signal is necessary to handle the increase in traffic. Currently, it is estimated 31,000 vehicles travel through this intersection each day. The construction budget approved for this intersection improvement is $180,000. Notice of the Intent to Bid was advertised in the local newspaper, as required by State Statue and posted on the City Website. The following five (5) contractors submitted bids. Durable Specialties Inc. $302,700.00 Roadway Solutions Inc. $309,698.00 Republic ITS - $332,045.00 Bean Electric $336,650.60 Battson Contracting Co. $349,704.76 Staff and the City's consultant have reviewed the references and find that the low bidder, Durable Specialties Inc. has the experience required for this project. Durable Specialties Inc. has constructed several traffic signal lights for the Cities of Fort Worth and Grand Prairie where their work met the City's specifications and was highly recommended. The bids included all items necessary to complete the project except the video detection equipment and the emergency preemption. As with previous signal light projects, the City purchases the video detection equipment off of the state's contract for video detection equipment for traffic signal lights. We expect to do this again with all three signal lights. The cost is estimated to be approximately $30,000. This cost will include 10 camera assemblies and the equipment and labor necessary to install the video detection. The three traffic signal lights will also require emergency preemption (called Opticom). This system is used by emergency response vehicles. It allows the emergency response vehicle to preempt the traffic signal light for a green signal indication. The cost for purchasing the Opticom system for the three traffic signal lights is estimated to be about $10,000 to $15,000 for all three intersections. The additional cost associated with the items described above will be approximately $40,000 to $45,000 for all three signal lights. The bid proposal included the back lit street signs, the black powder coating of the signal poles and all other city standards so there is no additional costs associated with this. Staff was pleased to see the bids come in much lower than the recent traffic signal light at Mid-Cities Boulevard and Winter Park which had a construction cost of approximately $155,000. The higher construction cost experienced for the Mid-Cities~nter Park location resulted in a higher amount budgeted for each of these traffic signal projects. Staff also believes that the economy and the number of bidders also played a role in the bids being much more reasonable. Sufficient funds have been budgeted for this project. The Public Works Department and Neel Schaffer, Inc. recommend that Durable Specialties, Inc. be awarded this contract. The projects will be complete in 180 calendar days. Recommendation: To award Bid No. 08-038 for the Traffic Signalization and Intersection Improvements to Durable Specialties Inc. in the Amount of $302,700. Str~+~t &' sidewalk Capita' Prajec~s Department Project Tale Protect Number Public Works Signalization tQavis Boulevard @ Burley F~oad) STQ885 Project Descrlptlon This project consists of both the design and construction of a new traffic signal installation at the intersection of Davis Boulevard and Burley Raad. The signal v+nll conform to the city's current standards which include black powder casting, backlit street signs, opticom system, LED lights, video detection systems and street lights on the mast arms. Protect Justlflcatlan This traffic signal installation is now necessary. Because of the number of lots platted in the Forest Glenn SubdNisians (East and West} and the construction of the new section of Burley Rd. which completed the connection between Rufe Snow and Davis, a traffic signal is warranted to handle the increase in traffic. Currently, it is estimated that over 32,000 vehicles travel clang this intersection per day. This volume is expected to increase as mare of the northern section of I~RH and the southern section of Keller continue to grow. Note: The reserves funding shav+m represents Unspecified Street Project Savings ($55,000} and 1394 Bond Program Project Savings ($70,000). Other represents Traffic Safety fund monies ($50,000} specifically dedicated to improving traffic. safety. As funds become available, the Traffic Safety Fund will pay back the $55,000 to Unspecified Street Project Savings. Budget History Original Budget $ 135,000 Revision 2008109 70,000 Total Project Cost $ 205,000 lm pact on tlperating Budget Maintenance costs :Estimated Annual 2008-fl9 ~17D9-10 2170,11 2(111-12 2#12-13 5-Ye~cTvtal flperating Impact , $ 0 $ 0 $ 1,083 $ 1,300 $ 1,300 $ 3,683 F'l`t~ject ~che~ule Beginning ©ate Ending ©ate Professional Services EngineeringlDesign 0412008 0712008 Land/ROW Acquisition Construction 1012008 D4/2009 Other Total Project Od12Q08 0412009 Sources of Funds To Gate... 20ti8-09 .:.'Adopted 2i~9-10, Estimated 201 ~ to Completion' Total t~f Amount General Obligation Bands '$ 0 Certificates of Obligation 0 Federal/State Grants 0 Reserves 55,010 70,000 125,000 Sales Tax 0 Other 30,000 50,000 80,000 Total Funding $ 85,000 $ 120,000 $ 0 $ 0 $ 205,400 .:Total Project Costs Professions! Services $ 0 Eng ineeringf Desig n 35,000 35,000 Land/ROW Acquisition 0 Construction 170,000 170,000 Other 0 Total Costs $ 35,000 $ 170,000 $ 0 $ 0 $ 205,000 Signalization (Davis Blvd @ Bursey Rd) Street & Sidewalk Capital Projects Department Public Works Prajsct Title Signalizatian {Precinct Line Rd. ~ Amundson Dr.) Project Numtser ST4806 Project Description This project consists of both the design and construction of a new> traffic signal installation at the intersection of Precinct Line Road and Amundson Drive. The .signal will conform to the city's current. standards which include black pov+~rier coating, backlit street signs, opticom system, LED lights, video detection systems and street lights nn the mast arms. Project .~ustiticatian This traffic signai installation is necessary to handle the existing traffic volume and to plan far the an~cipated increases, Because of the number of lots platted in this area and along streets connecting Amundson Drive; a traffic signal is warranted to handle traffic flovtir associated with the growth. Currently, it is estimated that over 30,000 vehicles travel along this intersection per day. Note:The proposed funding shown as reserves consists of project street savings. Budget History .. Original Budget $ 150,000 Revision 2008!09 70,000 Total Project Dose $ 22Q,©(iD Impact on Operating Budget Maintenance costs ..Estimated Annual 2Qf,18-09 20Q9~-1fl 2{;'10-11 2011=12 2f312-13 5-`learTota! C7perat'rng ImpacE $ 0 ~ 0 $ 1,083 $ 1,300 $ 1,300 $ 3,683 Project Schedule Beginning Date Ending Date Professional Services EngineeringfDesign 04f2008 07!2008 Land/ROW Acquisition Construction 10!2008 0412009 Other Total Project 04120(3$ (34!2449 Bootees of Funds Trs Date. 2UCf8-t)0 Adopted 2IX39-1 Cl Estimated 2fl1 ~ to Dompletiort Total of Amount General Obligation Bonds $ 0 Certificates of Obligation 0 FederaVState Grants 0 Reserves 85,00 135:000 220,000 Sales Tax 0 Other 0 Total Funding $ 85,t~0 $ 135,000 $ t) $ 0 $ 220,000 Total Pro'ect Costs Professional Services $ 0 Engineering/Design 40,000 40,000 LandlROW Acquisition d Construction 180,000 1$0,000 Other 0 Total Costs $ 40,000 $ 180,000 $ 0 $ 0 $ 220,000 Signalization (Preclinct Line Rd @ Amdunson Dr) Street ~ Sidewalk Ga~ital Projects Department Project `7ltle Project Number Public Works Signalization (Precinct Line Rd. ~ Rumfield Rd.~ ~TQ807 Project DesGriptian This project consists of both the design and construction of a newtraffic signal instal€ation at the intersection of Precinct Line Road and Rumfield Road. The signal v~ill conform to the city's current standards which include black powder coating, backlit street signs, opticorn system, LED lights, video detection systems and street sights on the mast arms. Project Justifleation This traffic signal insta€latian is necessary due to the growth that is occurring in this part of the city. Because ofi the number of lots platted recently in this area around Eden Road and Kirk Lane, a traffic signal is warranted to handle traffic f€ow associated with the increased development. Currently, it is estimated that aver 31,000 vehicles travel through this intersection each day. Note: The reserves funding shown represents $58;000 from Unspecified Street Project Savings, $15,000 from Miscellaneous Street Project Savingsand $70,000 from 1994 Bond Program Project Savings. Other representsTrafific Safety Fund monies specifically dedicated to improving traffic safety. As funds become available, the Traffic Safety Fund will pay back $55,000 to Unspecified Street Project Savings and $15,000 to Miscellaneous Street Project Savings. Project Schetluie ~.~..~ Beginning Date Ending Date ~' Professiona€ Services EngineeringlDesign 04/2008 0712008 Land/ROW Acquisition Construction 10!2008 04/2009 Other .._._ .. Total Project 0412008 04!2009 Bu~lg~t W~tory 'Original Budget $ 150,OOC1 Revision 2008!09 70,000 Total Project Cost $ 220,000 Sources of'F'unds Ta Qate' 2008-09 .:.Adopted 2019-10 Estimated 2011 to :Completion Tota€ afof Amount General Obligation Bonds $ 0 Certificates of Obligation 0 Federa{/State Grants 0 Reserves 55,OOp 85:000 140,000 Sales Tax. 0 Other 30,000 50,000 80,000 Total Funding $ 85,000 $ 13,000 $ 0 $ 0 $ 220,000 Total Pra'eet Casts Professional Services $ 0 Engineering/Design 40,0 40,000 LandfROiN Acquisition Construction 180,000 180,000 Other 0 Total Costs $ 40,000 $ 180,000 $ 0 $ 0 $ 220,000 lmpacton Operating Budget Maintenance costs Signalization (Precinct Line Rd @ Rumfield Rd) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. C.0 Subject: PUBLIC HEARINGS C/TY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 1-12-2009 Presented by: Eric Wilhite Agenda No. C.1 Subject: RP 2008-04 Public Hearing and Consideration of a Request from Terry Browning to Approve a Replat of Lot 53, Block 4, Fossil Creek Trails Addition and Tract 2S2A, Abstract 1520 into Lot 53R, Block 4, Fossil Creek Trails Addition (Located in the 6000 Block of Riviera Drive - 0.535 acres). Case Summary: The applicant, Mr. Terry Browning, is requesting to replat the property he owns at 6025 and 6029 Riviera Drive. Mr. Browning wants to combine the un-platted tract located at 6025 Riviera Drive to be included with his platted lot at 6029 Riviera Drive where his home is located. The un-platted tract is located at the end of Riviera Drive next to a large drainage channel and a portion of Iron Horse Golf Course. Mr. Browning plans to reconfigure his garage entry and extend the current pool and deck area on his property. To make these improvements it will require the current lot line to be removed and both properties platted as one lot. Since this is a residential replat, State law requires that a public hearing be held. Current Zoning: The Zoning for the un-platted property was changed to R-1 at the December City Council meeting to be consistent with the platted lot. Both properties are zoned R-1 (single-family). Thoroughfare Plan: The lot has access and frontage to Riviera Drive, a 60 feet wide Minor Collector. Comprehensive Plan: The Comprehensive Plan illustrates low density residential uses for the proposed lot. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that the developer will be required to assume 100% of the amount required for public infrastructure improvements. Planning and Zoning Commission Recommendation: Approval of replat request by 6-0 vote . Staff Recommendation: Approval of replat request RP 2008-04. Review Schedule: Application: __ 4/8/08 Final Hearing: 1 /12/09 Staff Review: 9 weeks Applicant Revision Time: 20 weeks Scheduling Time: 11 weeks Total Review Time: 40 weeks LOCATION MAP [~E ~.00~ X20 AERIAL 0 PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: RP 2008-04 Applicant: Terry Browning Location: 6000 Block of Riviera Drive (0.535 Acres) You are receiving this notice because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a Request from Terry Browning to replat Lot 53, Block 4, Fossil Creek Trails Addition and Tract 2S2A, Abstact 1520 into Lot 53R, Block 4, Fossil Creek Trails Addition. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 18, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL -MONDAY, JANUARY 12, 2009 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department, City of North Richland Hills 7301 Northeast Loop 82 0 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Terry Etux Delores Browning Gary Etux Rosemary Elkins Don R Etux Kay H Waters 6029 Riviera Dr 6051 Circleview Dr 6028 Riviera Dr Fort Worth Tx 76180-8003 NRH Tx 76180-8013 Fort Worth Tx 76180-8002 Beverly A Lasater 6050 Circleview Dr North Richland Hills Tx 76180- 8012 Arthur F & Deborah H Tribble Michael & Catherine Garrison 6033 Riviera Dr 6041 Riviera Dr Fort Worth Tx 76180-8003 Fort Worth Tx 761$0-8003 Ngan Nguyen 6101 Riviera Dr NRH Tx 76180-8005 REPLAT EXHIBIT 197 3~Jk,~ 13LU!'R i ~~C -~? :J. Y.~%% k !WS:..~:Y> 1lk.% t: li`.fn `9 :.:: -:y ;ry .xb X...kf) n :;. v.SN.i~ ~: a::fk i~K frJ. ;RU. tVi ~.#;'i. !MbM: ^k~,'h. y,L~.~: EXCERPT FROM THE MINUTES OF THE DECEMBER 18, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2008-04 Public Hearing and Consideration of a Request from Terry Browning to Approve a Replat of Lot 53, Block 4, Fossil Creek Trails Addition and Tract 2S2A, Abstract 1520 into Lot 53R, Block 4, Fossil Creek Trails Addition (Located in the 6000 Block of Riviera Drive - 0.535 acres). Chairman Shiftlet opened the Public Hearing at 7:03 p.m. Terry Browning, 6029 Riviera Drive, NRH, came forward requesting a residential replat to combine tract next to the platted property they own that their home is located. The intent of the request is to there desire to enlarge the garage and patio on the home. To do so the properties need to be combined into one lot due to location of existing lot line. Eric Wilhite came forward stating this is a residential replat and that the un-plated tract was recently rezoned to R-1 from U in order to create consistent zoning of the proposed lot. This lot was previously addressed 6025 Riviera, after re-plating the address for the current residence will be combined as his current address of 6029 Riviera. This replat meets the subdivision rules and regulations and staff recommends approval. Chairman Shiflet asked if anyone wished to speak for or against this case? Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Bill Schopper, seconded by Mike Benton, motioned to approve RP 2008-04. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 1-12-2009 Presented by: Eric Wilhite Agenda No. C.2 Subject: RP 2008-08 Public Hearing and Consideration of a Request from Thomas Smith to Approve a Replat of Lot 24, Block 6, Glenann Addition into Lots 24R1 and 24R2, Block 6, Glenann Addition (Located at 6825 Simmons Road - 0.967 acres). Case Summary: The applicant, Mr. Thomas Smith, is requesting to replat a 0.967 acre lot where his single-family residence currently exists into two lots (23R1 and 23R2). The proposed lot 23R1 will remain as Mr. Smith's lot with the existing house. The proposed lot 24R2 is intended to be sold and developed as new single-family residence. Both lots will meet the required lot width and total square footage for R-2 (single-family) zoning district. Since this is a residential replat, it is necessary to hold a public hearing on this item. Current Zoning: R-2 Single Family Residential Thoroughfare Plan: Both proposed lots have frontage and access onto Simmons Road, an R2U residential street. Comprehensive Plan: The Comprehensive Plan illustrates low density residential uses for proposed lots. Staff Review/Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that the developer will be required to assume 100% of the amount required for public infrastructure improvements. Planning and Zoning Commission Recommendation: Approval of replat request by 6-0 vote. Staff Recommendation: Approval of replat request RP 2008-08. Review Schedule: Application: 8/5/08 Final Hearing: 1 /12/09 Staff Review: 4 weeks Applicant Revision Time: 10 weeks Scheduling Time: 9 weeks Total Review Time: 23 weeks LOCATION MAP w ~' I~r~l~t f.~r~ AERIAL PROPERTY OWNER NOTIFICATION ``'~~~`~`~ NOTICE OF PUBLIC HEARING 'x CITY OF NORTH RICHLAND HILLS r~•._ .~~ PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: RP 2008-08 Applicant: Thomas Smith Location: 6800 Block of Simmons Road (0.967 acres) You are receiving this notice because you are a property owner of record in the within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a Request from Thomas Smith to replat Lot 24, Block 6, Glenann Addition into Lots 24R1 and 24R2, Block 6, Glenann Addition. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 18, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL -MONDAY, JANUARY 12, 2009 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department -City of North Richland Hill s 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS John Wesley Solecki Leland L Etux Mary K Coover Robert J Etux Patricia Musch 8433 Donna Dr 8437 Donna Dr 8441 Donna Dr Fort Worth Tx 761$0~'l 15 Fort Worth Tx 76 1 80-41 1 5 Fort Worth Tx 76180-4115 Yvette Garza -fi540 Sherri Ln Fort worth Tx 76180-4128 M&J Custom Hornes Corp 8004 Main St NRH Tx 76180-44x5 Chieko K Moerke 6532 Sherri Ln Fort Worth Tx 75180-4128 Robert W Jr Day 6529 Simmons Rd NRH Tx 76180-4245 Vicky Lynn Qtera 6601 Simmons Rd Fort Worth Tx 7fi180-4245 Brad C Massey 6609 Simmons Rd NRH Tx 76180-4267 Thomas Henry Smith Fred J III Etux Marlene Butz 6825 Simmons Rd 5552 Riddle Dr Fart Worth Tx 76180-4247 Fort Worth Tx 7s 180-4239 REPLAT EXHIBIT EXCERPT FROM THE MINUTES OF THE DECEMBER 18, 2008 PLANNING AND ZONING COMMISSION MEETING RP 2008-08 Public Hearing and Consideration of a Request from Thomas Smith to Approve a Replat of Lot 24, Block 6, Glenann Addition into Lots 24R1 and 24R2, Block 6, Glenann Addition (Located at 6825 Simmons Road - 0.967 acres). Thomas Smith, 6825 Simmons Road of NRH came forward stating he is attempting to sell a vacant portion of his lot next to his home and needs to replat for the buyer. Eric Wilhite stated that Mr. Smith's home is located on the north portion of the original Lot 24 and subdividing and re-plating the property will provide Mr. Smith the ability to sell the southern portion as a lot and divide it from the existing lot. This replat meets all the subdivision rules and regulations and staff recommends approval. Chairman Shiflet asked if there was anyone wishing to speak for or against the case? There being none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton, seconded by Steven Cooper, motioned to approve RP 2008-08. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 1-12-2009 Presented by: Eric Wilhite Agenda No. C.3 Subject: SUP 2008-08 Public Hearing and Consideration of a Request from Jerry Conger to Approve a Special Use Permit for Pet Lodging at Jerry Conger's Paw Spa (Located at 7800 Davis Boulevard) -Ordinance No. 3037 The applicant and business owner, Mr. Jerry Conger, is requesting a Special Use Permit at 7800 Davis Blvd. for pet lodging which would also include other household pet services. CASE SUMMARY OF REQUEST: Mr. Conger is planning to operate amulti-faceted pet care services business at this location. Currently there is a 2,818 square feet structure on site that was previously used as asingle-family residence. The structure has been vacant for several years. As part of the new site development the structure will be renovated and adapted for use as a commercial business and will conform to commercial building codes and meet accessibility standards. In addition to changes made to the existing building, other site improvements will include new drive and parking areas, sidewalks along street frontages, and a landscaping buffer. The business operation will serve pet owners by providing pet care services that include a pet daycare (where the pets are dropped off in the morning and picked up in the evening) and a pet spa for grooming. The operation will also include an indoor self service bathing area. This area of the structure will have tubs were customers can bath their pets themselves. There will also be some small scale retail sales of pet products. For the most part the pets will be dogs, but the facility will also be available to serve owners of other household pets such as cats. The above mentioned uses are permitted by right within the CS zoning district. In addition to these pet service uses Mr. Conger will also be offering pet lodging which entails the overnight boarding of household pets. Because the pet lodging is a significant portion of the operation, an approval of a Special Use Permit is required. The time span for which pets are boarded varies but is typically in conjunction with that of a typical family vacation or a weekend. The code does not specifically delineate any maximum time frame that is permitted. The code does not allow outdoor runs or kennels in conjunction with pet lodging. All sleeping and feeding quarters for the pets will be located in the areas indicated on the floor plan Special Use Permit exhibit. As part of the site development afenced-in outdoor play area will be located in the open area to the rear and side of the structure. Within this area the pets, both daycare and boarded pets, will be allowed out to play and exercise. No animals will be permitted to stay or be kept in the outdoor area for extended periods or overnight. EXISTING ZONING: "CS" community services. PLANNING AND ZONING COMMISSION RECOMMENDATION: Approval of SUP, by 6-0 vote. The Planning and Zoning Commission approved the request with the following added condition to the SUP request: No animals to be outside after 9 p.m. STAFF RECOMMENDATION: To approve the SUP request with P&Z amendment and approve Ordinance 3037. Review Schedule: Application: 11/3/08 Final Hearing: 1 /12/09 Staff Review: 4 weeks Applicant Revision Time: 1 week Scheduling Time: 5 weeks Total Review Time: 10 weeks LOCATION MAP AERIAL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: SUP 2008-08 Applicant: Jerry Conger Location: 7800 Davis Boulevard You are receiving this notice because you are a property owner of record in the within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a Request from Jerry Conger for a Special Use Permit for Pet Lodging at 7800 Davis Boulevard. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 18, 2008 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 12, 2009 Both Meetings Time: 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department -City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS House of Grace Tryon Developrnent Carp Habiba $~ Hasq Virani Inc Aka Lifechurch 1338 N White Chapel Blvd #100 8039 Venetian Dr PO Box 820367 Southlake Tx 76092-0000 Clayton Mo 63105-2546 Fort Worth Tx 7fi182-8367 Jerry M Conger Trinity Distinctive Homes LLC Woodbriar Management Ltd 17501 Davenport Rd 7952 Davis Blvd 411 Harwood Rd Dallas Tx 75252-5906 NRH Tx 76180-1948 Bedford Tx 76021-4151 ORDINANCE NO. 3037 SUP 2008-08 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY ALLOWING A SPECIAL USE PERMIT FOR A PET LODGING BUSINESS KNOWN AS JERRY CONGER'S PAW SPA LOCATED AT 7800 DAVIS BOULEVARD; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by changing the zoning of a parcel of property and approving a special use permit for a pet lodging business located at 7800 Davis Boulevard. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 12th day of January, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT FLOOR PLAN LANDSCAPE PLAN EXCERPT FROM THE MINUTES OF THE DECEMBER 18, 2008 PLANNING AND ZONING COMMISSION MEETING SUP 2008-08 Public Hearing and Consideration of a Request from Jerry Conger to Approve a Special Use Permit for Pet Lodging at Jerry Conger's Paw Spa (Located at 7800 Davis Boulevard). Jerry Conger, 801 Hebron Parkway, Lewisville, TX came forward requesting a Special Use Permit to have overnight boarding for pets at the Paw Spa. Chairman Shiflet asked if easement access to the south has been granted? Jerry Conger said yes, the survey has been filed with the county and the gas station owner has signed off on the agreement. Chairman Shiflet asked if the driveway configuration would change from the way it is currently shown on the exhibit? Jerry Conger said yes, the drive would connect to the entrance of the gas station and come from the front entrance. Bill Schopper asked if the exhibits would be corrected before the City Council meeting? Eric Wilhite said yes they would be corrected before presented to City Council. Don Bowen asked what would be the maximum capacity of boarding? Jerry Conger answered 30 to 40, depending on the size of the dogs. There will be six 4x6 cages in one part. It would really depend on the combination of dogs that are brought in. Eric Wilhite came forward stating there is an existing structure on the site approximately 2800 square feet which he will be converting to commercial use. This will require a substantial amount of site work including adding parking, drives and landscaping as well as building renovations. Two different access points will be created, one from Davis Blvd. and one from Northfield Drive. As part of the doggie day care and spa, afenced- in play area for the pets for the daycare and being boarded and kept overnight is shown on the site plan. Located at the rear of the structure is one of the primary areas he is converting for the pet lodging. There is also another that could potentially be converted from pet daycare to lodging at such time the business needs dictate needing to. Since this is an SUP and these are somewhat site specific, indicating this provides the applicant the option to do that without having to revisit the SUP. In the future if he decides he wants to expand the slab or footprint of the building, he would have to go through the SUP process and revise the site plan. Mike Benton asked if the applicant would be required to do any additional landscaping? Eric Wilhite answered yes, because he has two street yards he would have to meet the landscape ordinance which requires a 15 foot landscape buffer, 15 foot street right of ways, in additional of the interior parking lot landscaping to meet the 5 percent landscaping in parking lot as well. He is maintaining some existing trees which meet the tree requirements of 1 tree for 20 spaces. Due the AG zoning where the dogpark is, the applicant is required to have a 30 foot landscape buffer yard as well. Don Bowen asked if there is a masonry fence required where the dog park is located? Eric Wilhite said no. Chairman Shiflet asked if the ordinance specifies hours where the applicant can use the outdoor exercise run area? Eric Wilhite said at this point and time no, but because it is an SUP the Commission can apply that as a condition of the SUP if desired. The only constraint as the case is presented would be if the dogs are out at 10:00 p.m., and barking then it may be in violation of the outdoor kennel. The floor plan indicates a typical full size door at the back of the structure but it is evident that the animals will not have unrestricted access in and out to the outside area. Don Bowen asked how far away is the residential area to the south? Eric Wilhite said he was not for sure, but perhaps approximately 200 to 300 feet. There was a discussion regarding the barking dog ordinance and concerns about possible noise violation. Chairman Shiflet asked the applicant if he would be willing to agree to a time earlier than 10:00 p.m ? Jerry Conger said yes, he would. He stated the hours of the business would fluctuate with daylight savings time. He does not anticipate any dogs outside past dark. There is going to be a do-it-yourself dog wash that will be open, but as far as grooming purposes, the dogs would have to be picked up by 5:00 p.m. The summer hours may allow the dogs to be out later since it is cooler, but daycare dogs will have to be picked up by 6:00 p.m. Chairman Shiflet asked if he would agree to 9:00 p.m.? The applicant responded that 9:00 p.m. would be fine. Steven Cooper asked what does the applicant anticipate day care/spa versus overnight? Jerry Conger said he anticipates the majority day spa type care. The boarding would be increased during the holidays. Based on the facility, maybe in the 40 range. Since the dog park is located behind this facility, the grooming and do-it-yourself dog wash will be more profitable. Chairman Shiflet asked if there was anyone wishing to speak for or against this? Being none, he closed the Public Hearing and entertained a motion. APPROVED Mark Haynes, seconded by Don Bowen, motioned to approve SUP 2008-08 with the criteria that no animals will be outside past 9:00 p.m. The motion was carried unanimously (6-0). Don Bowen asked if anyone knows what are the hours of the dog park? Eric Wilhite answered he believes the dog park adheres to the normal park ordinances, and because there are no lights, no one will be out there after dark. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 1-12-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. E.0 Subject: PUBLIC WORKS No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 1-12-2009 Presented by: Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Department: Economic Development Presented by: Craig Hulse Council Meeting Date: 1-12-2009 Agenda No. F.1 Subject: GN 2009-001 Approval of a Resolution Authorizing the 'Business Improvement and Growth Program' Promoting Targeted Economic Development to Local Businesses - Resolution No. 2009-001 Pursuant to Chapter 380 of the Texas Local Government Code, City Council is requested to approve GN 2009-001 authorizing the City Manager to execute agreements between the City and targeted small businesses along SH 26, Rufe Snow and Davis Boulevards south of Mid Cities. Background: Per the Council Gas Fund Policy, and in support of City Council's goal for `Quality Community Development and Revitalization', the Business Improvement and Growth (BIG) program aims to enhance mature commercial corridors by utilizing reserves to encourage private commercial re-investment. BIG is a matching grant program that focuses on non-conforming sign removal, conforming sign construction and facade improvements. . Storefront improvements - 100% match up to $10,000 . New conforming signage - 100% match up to $3,000 . Removal of non-conforming signage -City removal at City cost up to $2,000 To participate in the BIG program, the grantee must be: . A commercial property owner or tenant located south of Mid Cities with storefronts facing Rufe Snow Dr., Davis Blvd., or SH 26 . Willing to permanently remove non-conforming signage . Not under contractual arrangement for standardized decor, architecture or signage . Up to date on all municipal taxes and fees prior to participation . Compliant with all state and local laws pertaining to licensing, permits and codes . Approved for design and color scheme by the Economic Development In addition to a thorough process that ensures a minimum of three contractor bids and proof of final payment, grantee must agree to: Maintain ownership of the property for a minimum of 12 months upon date of signed agreement Actively market unoccupied space for a minimum of 24 months upon date of signed agreement Remain in business for a minimum of 12 months upon date of signed agreement (if tenant only) Staff is very excited about this program and its potential impact on these corridors and assistance to businesses. We look forward to further communicating this to our businesses. Recommendation: To approve Resolution No. 2009-001 N itFi RESOLUTION NO. 2009-001 WHEREAS, the City Council desires to establish a program whereby economic development agreements for grants of up to $15,000 would be authorized for businesses along SH 26, Rufe Snow and Davis Boulevards south of Mid-Cities for the removal of pole signs, facade and parking improvements and construction of monument signs; NOW THEREFORE; IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: As authorized by Chapter 380, Texas Local Government Code a Business Improvement and Growth (BIG) program is hereby established under which City will, in order to promote local economic development and stimulate business and commercial activity in the municipality, grant to businesses along SH 26, Rufe Snow and Davis Boulevards south of Mid- Cities asum not exceeding $15,000.00 each consisting of up to $2,000.00 toward the cost of removal of any existing pole sign, 100% match up to $3,000 for a new monument sign and 100% match up to $10,000.00 toward the cost of eligible facade improvements. Such grants will be conditioned on an approved design and color scheme by the Economic Development Department and compliance by such business grantee with all regulations and ordinances concerning the business and payment of all outstanding taxes on such business, remaining where such improvements are made for at least one year and, if such grantee is the owner of such property, to actively market any available vacant space located on such property for at least 24 months from the date of such grant agreement. The City Manager is authorized to sign grant documents. AND IT IS SO RESOLVED. PASSED AND APPROVED this the 12th day of January, 2009. By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Craig Hulse, Director of Economic Development ECONOMIC DEVELOPMENT AGREEMENT The parties to this Agreement are the City of North Richland Hills ("City") and ("Grantee"). The purpose of this Agreement is to establish the terms of a grant under City's Business Improvement and Growth (BIG) program authorized by Chapter 380, Texas Local Government Code under which City will, in order to promote local economic development and stimulate business and commercial activity in the municipality, grant to the Grantee a sum not exceeding $15,000.00 as reflected on Exhibit A to this Agreement consisting of up to $2,000.00 toward the cost of removal of any existing pole sign, 100% match up to $3,000.00 toward the cost of a new monument sign and a 100% match up to $10,000.00 toward the cost of eligible facade improvements. This grant is conditioned on compliance by Grantee with all regulations and ordinances concerning the business described in Exhibit A and payment of all outstanding taxes on such business, and the design and color scheme used are approved by the Economic Development Dept. For and in consideration of the mutual undertakings and conditioned as hereinafter set forth, the parties agree as follows: 1. City agrees to pay a BIG economic development grant to Grantee in the amount reflected on Exhibit A hereto upon completion of the required improvements and proof of payment of the cost thereof. Such grant shall be payable within 30 days after proof is submitted by Grantee of payment of such costs. 2. Grantee agrees to construct the improvements described at the location stated on Exhibit A hereto on or before , 20 Grantee further agrees to refund to City the entire amount of the grant unless Grantee remains in business at the location described in Exhibit A hereto for at least one year and, if Grantee is the owner of such property, to actively market any available vacant space located on such property for at least 24 months from the date hereof. 3. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States mail, certified mail with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing: City: with a copy to: George A. Staples, Esq. TAYLOR, OLSON, ADKINS, SRALLA & SLAM, L.L.P. 6000 Western Place, Suite 200 Fort Worth, Texas 76107 Phone: 817/332-2580 Grantee: 4. Regardless of the actual drafter(s) of this Agreement, this Agreement shall, in the event of a dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any party. 5. This Agreement is made and shall be construed under the laws of the State of Texas, and venue shall lie in Tarrant County, Texas. 6. This Agreement may only be amended, altered or revoked by written instrument signed by City and Grantee. There are no other Agreements between the parties hereto. 7. As required by Texas law, this grant is conditioned upon the compliance by Grantee with laws prohibiting employment of undocumented workers. Should the Grantee employ a non citizen who lacks legal authority to work in this country during the five years immediately following the payment of the grant which is the subject of this agreement, such grant shall be deemed forfeited and shall be immediately repaid City. This Agreement is made and entered into this day of , 20_, at North Richland Hills, Tarrant County, Texas. CITY OF NORTH RICHLAND HILLS By: Larry J. Cunningham, City Manager GRANTEE By: CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 1-12-2009 Presented by: Mike Curtis Agenda No. F.2 Subject: GN 2009-003 Approval of a Resolution Supporting the Regional Transportation Council's Legislative Program for the 81st Texas Legislature -Resolution No. 2009-003 The Regional Transportation Council (RTC) has recently approved a resolution which identifies their legislative program towards the 81St Texas Legislature. This resolution (R08-08) contains three (3) high priority positions, as well as additional positions to support and monitor. Presently, the RTC is asking local entities for support of this resolution. RTC Resolution R08-08 states that the RTC supports legislation that will actively pursue the following: 1. Legislation that will support the Rail North Texas initiative. This includes supporting legislation that would provide options to fund regional rail and authorize metropolitan regions to enact a local option transportation tax with voter approval for rail and roadways. 2. Legislation that will expedite backlogged roadway projects. This includes supporting legislation that would protect existing roadway maintenance & capacity improvements, discontinue the diversion of transportation resources, increase and index transportation taxes (such as the motor fuels tax), providing funding for the Proposition 12 General Obligation bonds and reallocate highway user fee revenues from the General Revenue Fund to the Texas Mobility Fund. 3. Legislation that will capitalize the Rail Relocation Improvement Fund. This includes supporting legislation that would direct revenues for goods movement which is critical to enhancing rail freight mobility. RTC Resolution (R08-08) is included with this agenda item and immediately follows NRH Resolution No. 2009-003. The City Council is being asked to support this resolution via approval of NRH Resolution No. 2009-003. Approval of Resolution No. 2009-003 would show the City's support for transportation initiatives that are vital to the Dallas-Fort Worth region. Recommendation: Approve Resolution No. 2009-003. NFZH RESOLUTION NO. 2009-003 RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCIL LEGISLATIVE PROPOSALS TO THE 81ST TEXAS LEGISLATURE WHEREAS, the Regional Transportation Council has developed a three point legislative position to be presented to the 81St Texas Legislature, as reflected in RTC Resolution R08-08 adopted on October 9, 2008; and, WHEREAS, the Regional Transportation Council has requested that local governments endorse this resolution and to support transportation as the region's highest priority for the 81St Texas Legislature; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City of North Richland Hills hereby endorses the Regional Transportation Resolution R08-08 attached hereto and made a part hereof by reference and declares its support for the legislative proposals set forth therein. SECTION 2. The City of North Richland Hills hereby declares its support for transportation as the highest legislative priority for the 81St Texas Legislature. SECTION 3. The City Secretary is hereby directed to transmit a copy of this resolution and the attached RTC resolution to the Tarrant County Legislative delegation and NCTCOG. PASSED AND APPROVED this the 12th day of January, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ~~ •. regional Transportation CQ~ln~ii ~~~ The Transportatlan Policy Body for the North Central Texas Council of Governments ~`~ (Metro~alitan Planning organization far the Dallas-Fort Worth Region} DATE: December 1 ~, 2008 TC: County Judges and Allayars; Collin, #~allas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties FRC?lUl: Linda Ko~op, Chair, Regional Transportation Council Counciimembler, City of Dallas SUBJECT: Request far Support of the Regional Transportation Council Legislative Program for the 81st Texas Legislature Including Rail North Texas The 81st Texas Legislative Session begins an January ~ 3, 2009, This legislative session will provide the opportunit~r to focus vn tlranspartatian issues. It is critical the aallas- Fart Worth region unite behind a common position. Following several months of discussion and consutta#ion with partner entities, the Regional Transportation Council (RTC passed a legislative program containing three high-priority positions, as well as additional positions to suppot# and monitor. In addition, the RTC developed a specifc legislative proposal on Rail l~arth Texas in a separate resolution. On behalf of the RTC, am requesting your entity pass a resolution of support for the attached fegislative posi#ion acrd Rai[ North Texas proposal, and I asic that you make transportation your top legislative priority for the upcoming session. The highest legislative priority for the RTC is approval of Ralf North Texas. This effort has been chaired by RTC member Jungus Jordan, Courtcilmember for the city of Fort Worth. Through this initiative we are seeking tine authority to cxeate a transportation funding area made up of existing entities that will select projects with city and county coordination; we are also seeking to call an election to levee fees or taxes from a menu of authorized options. These fees and taxes will be unique to each county allowing the local elected officials to select the toast revenue options for their communities. Once revenue is generated, it will be placed in an account dedicated to each county and distributed to transportation partners such as Dallas Area Rapid Transit, Qenton County Transportation Authority, and The Fort V11orth Transportation Authority to cor~struc# and operate #ransportation projects. The revenue raised will be primarily focused on building Z51 miles of additional rail for a seamless passenger ra11 system, but other transportation improvements may be selected #v level the playing feld far current transit authority member cities. For more information on Rail North Texas, please review the enclosed packet and visit www.nctcag.orglmt. P. Q. Box 5$88 • Arlington, Texas 7f 005-5888 • (817.) fi95-940 • FAX ~817~ 64Q-3p28 ~ http:llwww. nctcog.orgnr~ns Page ~ December i 1, 2~a8 A second priority is to expedite backlogged roadway protects statewide by increasing funding for transportation through several strategies. First, the Legislature should end diversions of transportation funding to non-transportation purposes and ensure that all ' #ransportatyon fees and taxes are placed into the State Highway Fund or the Texas Mobility Fund. A constitutiartai amendment to protect al! State highway funds far transportation purposes would provide the certainty that these funds would be available into the future. Once transportation funding is protected, the RTC is calling ft~r the State motor fuels tax to be increased and indexed to inflation. Finally, in 2D1~7 voters approved ~5 billion in general obligation bonds dedicated to transportation; the Legislature should appropriate general revenue to support issuance of these bonds. The third priority position is to capitalit+e the Rail Relocation Improvement Fund {RRIF}. This fund was approved by voters i» 20f}~, but the Leg;stature has yet to provide this funding. The RRIF would provide funding to relocate freight rai! lines outside of major rr~etrapolitan areas to expedite the movement of goods, improve safety, and enhance air quality. The RRIF is critical to solving the Tower 55 cancems in Fort Worth at the intersection of the iJnian~ Pacific and BNSF rail~~lines just south of downtown. Improving~the transportation sys#em wit! benefrt every community in the Dallas-Fort Worth region. By supporting Rail Nort#~ Texas, increasing funding, and addressing goods rnovennent, our region can improve the transportation system and be prepared for the projected 9 million residents that will live to this region in 230. Ise order to be effective in getting-these positions passed, the entire region needs to show unity far the RTC's legislative position. V11e request that your entity pass a resolution in support of the RTC Legislative Program for the 81~ Texas Legislature. Please send a copy of your resolution to Arnanda.Wlson, A.I.C.P, Transportation Planner, NCTCOG, 61fi Six Flags Drive, Arlington, Texas, 7511. ~ . 1~1Ie look forward to a suocessfu! legislative session and appreciate the support of your community for advancing transportation policies that will improve our region. Please feel free to contac#~me ar Michael AAorris, P.E., Director of Transportation far the North Central Texas Council.af Governments,~at {817j figs-9244 if you have any questions regarding the RTC Legislativ+~ Program_ - Lin a oop . Chair, Regional Transpartatiort Council Councilmember, City of. Dallas cc: County Administrators City Managers Transportation Authority Executive Directors Chamber of Commerce Presidents Transportation Partner Organization Executive Directors Enclosures RESGLUTIGN APPRGVING A REGIGNAL T'RAN~P~RTATIGN LEGISLATIVE PRQC RAM FAR THE 8'! sT TEXAS LEGISLATURE ~1~08-D8~ WHEREAS, the North Gentral Texas Council of Governments is designated as the Metrapoli#an Planning Qrganization far the Dallas-Fort Ulrorth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected -officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues.to be the regional forum far cooperative decisions; and, WHEREAS, federal law, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 1`egacy for Users assigns the Metropolitan Planning Urganiza#ian the responsibility for carrying out the metropolitan transportation planning process, in cooperation with the state and operators of publicly owned transit services; and, WHEREAS, the current metropolitan transportation plan, IlJlobility 203Q, contains • ~7D billion ~$~a(~fi, source: Mobility 2030} • $7l billion {$2(~I~8} • $135 billion year of expenditure, source: Mobility 2p30, State of the Region) of projects, programs, and Qolicies that aggressively target traffic congestion, provide for multimadal travel options, improved air quality, and increased quality of life in a cast effective manner; and, WHEREAS, the Regional Transportation Council has identified, through the Texas Metropolitan Mobility Plan, an additional • $59 billion ~~200G, source: ltillability 2x30} • $C4 billion ~$2Q08} • $109 billion year of expenditure, source: Mobility 203fi, State of the Region} of unfunded transportation needs #o eliminate only the most serious congestion in the Gallas-Ford NNorth region; and, WHEREAS, the Regional Transportation Gouncii has advocated for additional transportation funding and flexibility far over 10 years, with a special focus an identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS, a significant transportation funding crisis exists due to factors such as revenue sources that have not kept up with inflation, large increases in construction costs, federal rescissions, diversion of State transportation funds, an aging transportation system, and future uncertainty for the federal Highway Trust fund; and, WHEREAS, an integrated system of highways, toll roads, local streets, passenger rail, freight rail, and aviation facilities is essential to the movement of people and goods within and through our region in order to continue to have economic success; and, WHEREAS, Iocai governments are funding a larger share of transportation improvements through local sales taxes, praper#y taxes, toll roads, and allocations from general funds due to decreasing federal and State revenues; and, WHEREAS, the market valuation process and local toil agency primacy established by SB 792 ~80~' 1"exas Legislature) are cumbersome, have created a situa#ion where two agencies 'are in apposition. NOW, THEREFORE, ~~ IT HEI"tEBY RESGLVED TH1~IT: Section 1. Ths Regional Transportation Council will actively pursue a three paint legislative position during the $.lst Texas legislature, as detailed in Attachment '! . Section 2. The Regional Transportation Council is wt~rking with the North Texas Taliway Authority and regional partners to develop a common position on delivering toll roads. Section ~. This resolution will be transmitted to the North Texas legislative delegation. Section ~. This resolution will be transmitted to local governments, partner organizations, and other interes#ed parties with a request to support transportation as the region's highest legislative priority for the 81st Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmi# its position of support an these primary legislative proposals to the legislative delegation and NCTCOG. Section ~. The AICTGOG Transports#ion Director is authorised to communicate these positions on behalf of the Regional Transportation Council. Section ~. This resolution shalt be in effect immediately upon i#s adop#ion. in oa air Regional Transportation Council Gouncilmember, City of Dallas I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Counci! of Governments for the Gallas-Fort NNorth Metropolitan Area on October 9, 2008. Ron Na#insky, Secretary Regional Transportation Council Cauncilmember, City of Dallas Attachment 1 getember 2008 ~a~las-Fort 1North Regional Transportation Council ~.egislatrve Program ~~st Texas %egisiature Legi`sla~~on to Actively Pursue Support the Rail North i'exas initiative to provide options to fund regional rail. Authorize metropolitan regions to enact a local option transportation tax with voter approval for rail and roadways. Advancing passenger rail continues to be the primary focus of the legislative program. Support initiatives to expedite backEogged roadway projects: * Constitutionally protect all revenues in Fund ggG for roadway maintenance and capacity improvements; Discontinue the diversion of transportation resources; Increase and index transportation taxes, such as the motor fuels tax; * Provide funding for the Proposition 12 General obligation bands; and, Reallocate highway user fee revenues from the General Revenue Fund to the Texas Allability fund. Capitalize the Rail Relocation Emprovement Fund. Revenues for goods movement are critical to enhance rail freight mobility. Norfh Central Texas Council of Gt~vernrnents • Re Tonal Trans ortation Council ~ p ~~ NCTC4G f=xecuti-re Board 20t)8-2009 President John Murphy Councilmember City of Fiichardsan Vice President Bobby Waddle Mayor, City of Desoto Secretary-Treasurer B. Glen Whiney County Judge, Tarrant County Past President Chad Adarnx County Judge, Ellis County ~ireciar Mike CanVell Commissional, Dallax County Director Linda Koop Councilmember, Ciry of Dallas D i rector Carter Burdette Councilrnernber, City al Fart Worth pirector Keith Serf County Judge, Collin County Director Carter Porter Councilmember, City of 1Nytie Director Sheri Capehart Councilmember, City at Arlington Qirector Allen Harris Mtayor Pro Tem Ciry of The Colony Director Kerly Waike- Mayor Pro Tem City of University park Director . John Iwtattt-ews Corr1m15$i0ner, Johnson County General Counsel Je-ry Gilmore Executive Director R_ Michael Eastland Regional Transportation Council 200&2049 Linda Itaop, Chair Rob Franke, F.E. Pauline Medrano Councilmember, City of Dallas Mayor, City of Cedar Hill Councilmember, Giry pt Datlas B. GFen Whliley, Vice Chair $III Hate, P.E. John MonaCd Gounry Judge, Tarrant County District Engineer Maytir, City at Mesgwte TxDOT, Dallas Rlslrict Rort Netinsky, Secretary Rich Mgrge~n Councilmember, Gity of Dallas Roger Harmon Citizen Representative, City of Dalas County Judge, Johnson County Ron Brown John Murphy Commissioner, Ellis County Kathleen Hicks Councitmembe-, City of Richardson iutike Cantrell Mayor Pro Tem, Ciry of Fort Worth Robert Parmelee Commissioner, Datlas County Yonciel Jones HIII Chair, Fort Worth Councilmember, City of Dallas Transportation Authority Sheri Capeherrt Councilmember, City of Arlington Joe Jaynes IAark Riley Cornrnissioner, Catlin County County Judge, Parke- County Marllaal Chavez, P.E. District Engineer Ron Jensen Rick Stapler TxDOT, Fort Worth District Councilmembet, City of Grand Prairie Councilmember, City of truing Maurine Dickey Ron Jones John Tatum Commissioner, Dallas County Mayor, City of Garland Cidzen Representative, Ciry of Dallas lee Dunlap Jungus Jordan T ascot Trevino, Jr., P.E. Councilmember, City of Plano Councilmember, City of Fort Worth Mayor, City of iyorth Richland Hills Rudy Durham Pete Kamp A~lartt VanRavenswai3y CounCilrnember tulayor Pro Tem, Ciry o1 Denton Commissioner, Tarrant County Ciry of Lewisville Mike Lsymsn Paul Wagerrran Charles Emery Councilmember, City of Mansfield Chair Board Chair, Denton CQUnry Piorth Texas Touway Authority Transportation Authority John Loze Board Member Cynthia Whtte Marls Enoch Dallas-Fort Worth Iniernatianal Airport Commissioner, Denton County Board Member Dallas Area Rapid TranSR Mattt-ew Marchant Bill Whitfield Councilmember, Ciry of Carrollton Mayor, Ciry of Mcl(inney Sal Espino Councilmember Mahre Masn Kathryn Wileman , Ciry at Fart Worth Mayor, City of Frisco Councilmember, City of ArlirxJton Chris Florence SIII Mcl.ensfon Michael Morris, P.E. County Judge, Rockwall County Councilmember, Ciry of Hurst Director of Transportation, NCTCaG Surtace Transportatlgn Technkal Cohwrlttee Brian Barth, Chair Txt)tJT, Uaflas For more intormation, contact Amanda Wilson at t81iy 635-9ZBa or awilson~nc:tcog.org. CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 1-12-2009 Presented by: Mike Curtis Agenda No. F.3 Subject: GN 2009-004 Approval of a Resolution Supporting the Regional Transportation Council's Legislative Position for the 81st Texas Legislature Regarding the Rail North Texas Initiative -Resolution No. 2009-004 The Regional Transportation Council (RTC) has recently approved a resolution which identifies their legislative program towards the 81St Texas Legislature. This resolution (R08-11) contains five (5) priority positions to support and monitor regarding the Rail North Texas initiative. Presently, the RTC is asking local entities for support of this resolution. RTC Resolution R08-11 states that the RTC supports legislation that will actively pursue the following: 1. Legislation that will support the region's ability to create a Transportation Funding Area (TFA) for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. 2. Legislation that will support the principles contained in the "Joint Recommendation for Regional Rail in North Central Texas" which was approved by The T, Dallas Area Rapid Transit and the Denton County Transportation Authority. 3. Legislation that will support the implementation of Rail North Texas in the Dallas- Fort Worth region which is consistent with: i. The "Policy Summary" in Attachment 1 ii. The "Questions and Answers About Rail North Texas" in Attachment 2 iii. What the Rail North Texas initiative is not as contained in Attachment 3 iv. The "Project Selection, Funding and Implementation Process" in Attachment 4 v. The specific proposal outlined in Attachment 5 4. Legislation that will support the RTC's wishes to implement a TFA for the sole purpose of implementing rail and supplemental roadway improvements. Additionally, RTC Resolution R08-11 states that the RTC does not support legislation that would create any new transportation authorities or transportation providers within the Dallas-Fort Worth region. RTC Resolution (R08-7 7) is included with this agenda item and immediately follows NRH Resolution No. 2009-004. The City Council is being asked to support this resolution via approval of NRH Resolution No. 2009-004. Approval of Resolution No. 2009-003 would show the City's support for transportation initiatives that are vital to the Dallas-Fort Worth region. Recommendation: Approve Resolution No. 2009-004. NF~H RESOLUTION NO. 2009-004 RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCIL LEGISLATIVE POSITION TO THE 81ST TEXAS LEGISLATURE REGARDING THE RAIL NORTH TEXAS INITIATIVE WHEREAS, the Regional Transportation Council on December 11, 2008 adopted Resolution R08-11 supporting legislation to create a Transportation Funding Area (TFA) to generate revenue to fund rail and supplemental roadway improvements without the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region; and, WHEREAS, the Regional Transportation Council has requested that local governments endorse this resolution and to support transportation as the region's highest priority for the 81St Texas Legislature; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the City of North Richland Hills hereby endorses the Regional Transportation Resolution attached hereto and made a part hereof by reference and declares its support for the legislative proposals set forth therein. SECTION 2. The City of North Richland Hills hereby declares its support for transportation as the highest legislative priority for the 81St Texas Legislature. SECTION 3. The City Secretary is hereby directed to transmit a copy of this resolution and the attached RTC resolution to the Tarrant County Legislative delegation and NCTCOG. PASSED AND APPROVED this the 12th day of January, 2009. By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ~~ •. Regional Transportation Gounaii ~~~ The Transportation Policy Body for the North Central Texas Council of Governments ~'~- ~Metro~-olitan Planning Organization far the Dallas-Fort Worth Region} . . DATE: December 'I'L, 2Q0$ TD: County Judges and Mayors; Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties FRQIIJi: Linda Koap, Chair, Regional Transportation Council Counciimember, City of Dallas SU6JECT: Request far Support of the Regional Transportation Council Legislative Program for the 81~t Texas Legislature Including Rail North Texas The 87 st Texas legislative Session begins an January ~ 3, ~4Q9. This legislative session will provide ~e opportunity #o focus vn transportation issues. It is critical the Dalias- Fort Worth region unite behind a common position. FoLl~ring severs[ months of discussion and consults#ion with partner entities, the Regional Transportation Council (RTC} passed a Legislative program containing three high-priority positions, as well as additional positions to support and monitor. In addition, the RTC developed a specifc legislative proposal on Rail North Texas in a separate resolution. Dn behalf of the RTC, I am requesting your entity pass a resolution of support for the a#tached legislative posi#ion and Raii North Texas proposal, and I asic that you make transports#ian your tap legislative priority far the upcvmirig session. . The highest legislative priority for the RTC is approval of Rail North Texas. This effort teas been chaired by RTC member Jungus Jordan, Caulncilmember far the city of Fort Worth. Through this initiative we ate seeking the authority to cxeate a transpar#ation funding area made up of existing entities that will select projects with city and county coordinative; we are also seeking to cal! an election to levee fees or taxes ffom a menu of author•~zed options. These fees and taxes will be unique to each county allowing the local elec#ed officials to select the best revenue options for their communities. Duce revenue is generated, it will be placed in an account dedicated to each county and distributed to transportation partners such as Dallas Area Rapid Transit, Benton County Transportation Authority, and The Fort Worth Transpartatian Authority to construct and operate transportation projects. The revenue raised will be primarily focused on building X51 miles of additional rail for a seamless passenger rail system, but other transporEation improvements may be selected #o level the playing field for current transit authority member cities. For mare information on Rail forth Texas, please review the enclosed packet and visit www.nctcag.org/mt. ' P. Q. Box 5$88 • Arlington, Texas 7G005-5888 • ~817~) F95-9240 • FAX ~817~ 64Q-328 ~ http:llwww. nctcog.org/trans Page 2 Decembef 11, 206 A second priority is to expedite baclclagged roadway protects statewide by increasing funding far transportation through several strategies. First, the Legislature should end diversions of transportation funding to non-transportation purposes and ensure that a!I ' #ransportation fees and taxes are placed into the State Fltghway Fund or the Texas Mobility Fund. A canstitutionai amendment to protect all State highway funds far transportation purposes would provide the certainty that these funds would be available into the future. Once transportation funding is protected, the RTC is calling for the State motor fuels tax to be increased and indexed to inflation. Finally, in 2047 voters approved ~5 billion in general obligation bonds dedicated to transportation; the Legislature should appropriate general revenue to support issuance of these bonds. The third priority position is to eapitaCrte the Rai! Relocation Improvement Fund {BRIE). This fund was approved by voters in 2085, but the Leg;stature has yet to provide this funding. The RRIF would provide funding to relocate freight rail lines outside of motor metropolitan areas to expedite the rnovernent of goads, improve safety, and enhance air quality. The RRIF is critical to solving the Tc~wwer 55 concerns in Fort Worth at the interset~ion of the Union Pacific and BNSF rail~~lines just south of downtown. Improving~the transportation system will benefrt every community in the Gallas-Fort Worth region. By supporting Rail North Texas, increasing funding, and addressing goods rnovennent, our region can improve the transportation system and be prepared for the projected 9 million residents that will live in this region in 2030. In order to be effective in getting-tl~ese positions passed, the entire region needs to show unity far the RTC's legislative position. We request that your entity pass a resolution in support of the RTC Legislative Ptagram for the 64'~ Texas Legislature. Please send a copy of. your resolution to Amanda .VYlson, A.I.C. P, Transportation Planner, NCTCQG, 61 fi Six Flags Drive, Arlington, Texas, 76411. We look forward to a suecessfu! legislative ~sessian and appreciate the support of your community for advancing transportation policies that will improve ovr region. Please feel free to contact' me or Michael Morris, P.E., Qirector of Transportation for the North Central Texas CauRCil. of Governments, ~at (8'l7j B9t5-924'1 if ynu have any questions regarding the RTC Legisiat~re Pragrarrt_ Lin a oap . Chair, Regional Transportation Council Councilmernber, City of. Qatlas cc: County Administrators City Managers Transportation Authority Executive Directors Chamber of Gornmerce Presidents Transportation Partner tJrganizatlon Executive Directors Enclosures RESOLUTiGN APPROVtf+1G A LEGISLATIVE Pl7S1T1ON ON RAIL NORT~# TEXAS: A PRIMARY RAfL LEGISLATIVE PROGRAM WITH SUPPLEMENTAL RQADWAY IMPROVEMENTS (Updated R48-~'1} WHEREAS, the North Central Texas Council of Governments is designated as the Metropolitan Planning Organization for the I]allas-Fort Worth ilAetropt~li#an Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Cauncii, comprised primarily of local elec#ed affcials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be the regional forum for cooperative decisiortis; and, WHEREAS, the Regional Transportation Council has advocated for additional transportation funding and flexibility for over 10 years, with a special focus on identifying additional funding to construct and operate a seamless regional rail system for the past 5 years; and, WHEREAS, the Rai# North Texas effort has been abottom-up process to include local elected officials, business leaders, the public, and State legislators and has resulted in a specific legislative proposal. NO1N, THEREFORE, BE iT HERE6Y RESOLVED THAT: Section 1. The Regional Transportation Council supports seeking legislative authority to create a Transportation Funding Area ~TFA) for the purpose of levying taxes or fees in order to generate revenue to fund rail and supplemental roadway improvements. 5ectian 2. The Regional Transportation Council continues to support the principles contained in the three transportation authorities' "Joint Recommendation for Regional Rail in North Central Texas." This rail initiative. will be constructed by axis#ing transportation providers. Section 3. The Regional Transportation Cauncii does not support the creation of any new transportation authorities or transportation providers within the Dallas-Fort Worth region. Section 4. The Regional Transparta#ion Council supports implementation of Rail North Texas in the Dallas-Fort vVorth region consistent with: The "Policy Summary" ir: Attachment 1, • The "Questions and Answers About Rail North Texas" in Attachment 2, • What the Raii North Texas initiative is not as contained in Attachment 3, • The "Project Selection, Funding, and Implementation Process" in Attachment 4, and • The specific proposal out#ined in Attachment 5. Section 5. The Regional Transportation Council wishes to implement a TFA far the sale purpose of implementing rail and supplemental roadway improvements. Section f>. This resolution will be transmitted to Iocal governments, partner organizations, and other interested parties. with a request to support transportation as the region's highest legislative priority for the 81~' Texas Legislature and a request to endorse this resolution. In addition, each entity is requested to transmit its position of support on these primary legislative proposals to the legislative delegation and NCTCQG. Section 7. This resolution will be transmitted to the Texas legislative delegation. Section S. The NCTCOG Transportation Director is authorized to communicate these positions nn behalf of the Regional Transportation Council. Section 9. This resolution shall be in effect immediately upon its adoption. d Koop, Ch Regional Transportation Council Councilmernber, City of Dallas 1 hereby certify that this resolution was adapted by the Regional Transporta#ion Council of the North Central Texas Council of Governments far the Dallas-Fart Worth Metropolitan Area on December ~ 1, 2og8. ~~ ti~ Ran l~atinsky, Secretary Regional Transportation Council Councilmember, City of Callas POLICY SUMMARY • Primary rail with supplemental roadway • Built by existing transportation authorities and transportation providers • Limited Transportation Funding Area (TFA) - Largely passenger rail - Funding only, non-construction - No fourth authority - No bonding authority needed - Coordination of regional projects County elections determined by local elected officials and citizen vo#e n • Le islators: no safes tax, create menu g ro .. 1 PULICY SUMMARY • Equity: creates revenue districts for service areas, money stays in county generated Accountability rests with TFA and counties includes public hearing requirements - RTC Transportation Implementers Subcommittee • Probably: one uniform rate for 12 counties and supplemental county revenues • Some revenues expire • Decisions on projects and taxes/fees made by local elected officials • Counties can opt out • Transportation providers issue bonds • Projects fixed with voter approval - no reallocation Attachment 2 Questions and Answers About Rail North Texas If the initiative is called Rail North Texas, why is there not a greater focus on rail in the bill outline? The bill outline was developed to be used statewide and other regions rr~ay want to focus on roadway improvements. The RTG may wish to amend the bill outline to bracket a section specific to the Dallas-Fort 1North region which states that the primary focus will be to design, build, finance, operate, and maintain passenger rail. This has long been the focus of Rail North Texas and will continue to be the faces. Who is accountable under this rrtodel? This is the strength of this approach. Three groups, working as partners, are all accountable. First, under this model, the Metropolitan Planning Organization policy body - tine Regional Transportation Council in the Dallas~i=or# Worth region - is responsible for making sure that projects stay on schedule. In DFVII, the North Central Texas GourlciJ of Governments' Executive Board will hold the revenues, enter into interlocal agreements with implementing agencies, and disburse funds to local governments and transportation providers. As recommended by the three transportation authorities, the RTC will form a Transportation Implementers Subcommittee consisting of the three transportation authorities, Tx~aT, and NTTA. This subcomrrlittee will meet regularly to discuss project implementation, coordination, and funding issues. Second, subarea roundtables through public involvement will select the projects. Third, transportation authorities will extend already proven services tv construct the projects. What if I have a problem with the taxes and fees and d+~n't have a representative on the RTC car Executive Board? Is there a way to address those bodies? No projects cart be built, or taxes andlor fees imposed, that voters have not approved. Internet-based reports will keep citizens up to date. The Transportation Funding Area (TFA} will convene a meeting separate from the normal MPO policy board meeting to hear from citizens or local government on any concerns. The Regional Transportation Council has been planning and expediting projects for Duet' 34 years. How welt projects be selected by the 7FA? • The TFA {the Regional Transportation Council in the Dallas,Fort Worth region) will issue a call for projects to transportation authorities, cities, coup#ies, TxD~T, and i~TTA. • Existing transportation authorities will be primarily responsible to submit rail protects. • All en#ities will submit project applications back to the TFA. • TFA staff will evaluate projects based on whether they met basic criteria. • Subarea roundtables will be convened in each county and will be made up of elected officials and technical staff for the county, each city, and transportation providers within that county. TFA staff will also participate. • The subarea roundtables will determine the priority ranking of projects within each county and make a recommendation to the TFA. • Passenger rail will be given priority. 1Narrar-ted rail lines have already been established by subarea roundtable members, Rail lines which crass multiple counties will need special priority attention if supported in neighboring counties. • The TFA will vote on the subarea roundtable recommendations. This process is identical to recent projects selection efforts of the Regions! Transportation Council. How will taxes and fees tae selected by the TFA? • 1Nhen subarea roundtables are determining the projects they wish to fund, they will consider' the revenue needed plus contingency construction funding for each project. • Based on the revenue needed, the subarea roundtables will select an appropriate mix of taxes and fees at agreed-upon rates for that county sad make a recommendation to the TFA. • The 'TFA may propose aTFA-wide tax or fee for discussion during the subarea roundtable process. • Subarea roundtables will approve the taxes and fees. • The TFA will vote on the subarea roundtable recommendation. How will the~election be held? The TFA will prepare a ballot far each county within the TFA and submit it to the elections administration of each county to be placed on the ballot. Voters will be asked to approve both the proposed projects and proposed taxes andlor fees. In each county where the majority of voters approve the taxes andlor fees for the TFA, the taxes andlor fees will be imposed and projects constructed. Projects are fixed with the citizen elections and no changes can be made without voter approval. 2 Can a county opt out of Rail North Texas? Yes, if the subarea rs~undtable determines not to select projects to participate in the Rail North Texas election within that county. If a regional revenue source was proposed by the TFA, the subarea roundtable may wish to consider using that revenue source as a local match for projects through the Regional Tol! Revenue Funding Initiative or subsequent funding initiatives. Vlihat if a county votes no? Through the Rail North Texas initiative, loco! elec#ed officials It~oked at city-by-city, county-by-county, or regional votes. The county geography was selected as the most appropriate, but it could result in one or more counties voting nQt to join the TFA. Where this impacts construction of a passenger rail line in more than one county, the TFA may have to postpone or delete the whole corridor due to lack of funding. Will money raised in one county be used to subsidize projects in another county? No. The TFA will keep all funds raised in each county in separate accounts. Monthly reports will be distributed to the NCTGOG Executive Board, the TFA, and the NIPS policy board. An Internet-based reporting system will be accessible to all cities, counties, and citizens of the region. YU~II the taxes and fees ever ga away Yes, #or revenues raised for construction. There will be perpetual revenue needed to fund maintenance and operations of the passenger rail system, but this is a small part of the overall funding needed. Any taxes andlor fees for capital tbuilding} expenses will expire when bonds are retired. If additional projects are identified by a subarea that will require additional revenue, a new vote called for by the TFA- within that subarea to build other projects could extend taxes acrd fees if a majority of voters approve. Who will issue bonds? The entity carrying out construction will issue bonds for each project. That will be either a transportation authority, city, county, TxD~DT, or NTTA. Authority to issue debt is included in the bill outline because other areas of the state may wish far the TFA to undertake this task, but Dallas-Fort V11orth will be exempt from that authority. Who will build the projects? In the dallas-Fort Worth region, the TFA will not build projects. Projects wil! be built by Datlas Area Rapid Transit, Denton County Transportation Authority, The T, Texas Department of Transportation, North Texas Tollway Authority, cities, or counties. 3 If the TFA isn't building projects, why s#~ould we create a TFA? lVlany of the passenger rail projects that are needed in the Dallas-Fort Worth region cross caur~ty boundaries. There is a need to coordinate the planning, financing, and implementation across the entire region, sa a regional entity is best equipped to da that. In addition, in the DF1N region, there is an established process to hold and disburse funds within the RTCINGTGGG process so each county want h2~ve to develop a new accounting and agreement system #o irrrplernent multiple projects with different entities. How song will it take to see rail being ca~nstructed? That depends on several factors such as current freight rail use of the rail lines, environmental reviews, transportation authority staff availability, number of projected riders, and marry other items. Generally, the rail lines in the plan could be open to riders starting in 2011 through 2030. The timeline will be known to voters and included in the subarea elections. Aren't the taxes and fees regressive, meaning harder to be paid by lower income citizens? In some cases, yes, but each subarea will be able to select the bes# taxes or fees for its residents. The rail lines proposed will benefit lower income populations by providing a transportation option at a muci~ mare affordable rate than owning a vehicle. The region will push far the vehicle registration fee to be implemented based on the value of the vehicle. Transit Carries such a small percent of overall commuters, why even bother? 1Nhile that may be true if you look at the whole region, our current transit system dues no# serve the entire region. t_ooking at highway corridors where there is parallel transit service, abau# one lane of traf#ic in each direction is rernaved by transit service. This benefits the people using transit and the people using the .roadway that see reduced congestion. Looking at the rail map, new rail lines are proposed next to extremely congested corridors such as I-35111/ in Fort Worth, US ~5 in Guilin County, US 287 in Tarrant and Johnson counties, and SI-t 12~ in Tarrant County. Rail in the t..l.S. 75 corridor carries the equivalent of two #reeway canes in each direction. Will TxDaT jus# take away traditional funding if our region starts funding transportation from local sources' V11e will make sure that doesn't happen and there is precedent for protecting state and federal funds. When our region began building toll roads, we obtained assurances from the Texas Transportation Commission, the TxDaT policy body, for state and federal funds to never be reduced to [~allas-Fort Worth. Similarly, tt~e legislature has required continued federal and state funds even after private-sector concession payments on tall roads. The bill outline contains a similar provision for Rail North Texas that advocates will seek during the upcoming legislative session. a Why not just try to get more federal and state funds? That is part of the corriprehensive legislative package to improve transportation, and we are actively seeking an increase in those funds as well. However, local funds are far more flexible and have less bureaucratic red tape so projects can be built for less money and much more quickly. So, by raising local funds to stay in our region, we are saving taxpayer dollars in the long run. focal funds are not itr~pacted by donorldonee losses and revenue diversions. Transit wQn't work in the Dallas-Fart Worth region because It's too spread out, why are we trying to do this? The success of light rail through Dallas Area Rapid Transit as well as the success of the Trinity Railway Express proves that rail transit will work here. DART, DCTA, and The T have seen skyrocketing increases in passengers this year as gasoline prices soared. Even as gas prices start coming dou+rn, the transportation authorities are keeping most of #hase new passengers. Qther areas of the country with density similar to or even less than DaiMas-Fort Vl/orth also have successful transit systems San Francisco, Nfinneapolis, St. Louis, etc.} Shouldn't we be able to elect or vote out of office people raising our taxes? [Most of the mertZbers of the Regional Transportation Council are elected officials and each city is represented by a member of the RTC. Alternatively, the boards of directors of the current transportation authorities ~ with authority to impose a sales tax -are not elected positions, in fact the merr~bers are not elected officials at all. every person regis#ered to vote will have the opportunity to vote far ar against the taxes #or the TFA. These taxes will be for specific protects that can not be changed after the election. Elected officials ~thraugh the subarea roundtables) and citizens through the election} will control the taxes and fees for selected projects. is this adding another level of government? No. It wit! be adding a new tax or fee, but there will not be a new entity created with a new board and new staff. The existing Regional Transportation Council and NCTGQG Executive Board will oversee the TFA finances. These are unpaid positions. NCTGQG staff will administer all of the funds and contracts. While some additional staff may be needed, the administrative expenses will be minimal. Vlrhether adrr~inistered through a TFA housed at the NCTGQG or through the existing transportation authorities, additional taxes andlor fees are needed to implement the regional rail systerrt. 5 How will voters know what they're getting for the money? Before going to voters in an election, subarea roundtables will select projects with specific timelines and related taxes andfor fees. Representatives of the counties, cities. TFA, and other advocates will present the plans to the public in public meetings, brochures, websites, and other means before the election is held. This will be similar to bond issuance votes that occur periodically in cities and coon#ies throughout the region. With voter approval, the projects are fixed in each subarea, Would tax dollat~s be better spent on highways since transit doesn't pay for itself? Almost no transit system in the world pays for itself out of passenger fares. Some amount of government assistance through taxes ar fees is required. The Dallas-Fort V1lorth region has an extensive plan to build both rail and highway improvements. In order to serve an expected population of g million by 20~Q, we will need all modes of transportation to move people and goods within and through our region. Passenger rail systems are very reliable and run an schedule. Roadways often are unreliable due to incidents, accidents, weather, and construction. 1Ni11 the TFA start telling the transportativt~ authorities what to do? The transportation planning process is extremely collaborative. Projects will be built that have been in the metropolitan transportation plan for decades. The transportation authorities will be assisting in the refinement of the rail plans for each subarea. Transportation authority board members si# an the RTC and are vital to the planring process and are the implementers of transit projects. The TFA will not be involved with decisions the transports#ion authorities make on projects funded through current sales tax revenue. This is merely a way to generate and disburse additional money far projects that can'# be built with exiting revenues. Sales tax has been the way transit is funded up to #his point, why is sales #ax no longer a funding ap#ion'~ During the last two legislative sessions the region has tried to get additional sales tax authority far transit, but it has been rejected. We have worked closely with the business community -the strongest opponents to raising the sales tax - to find new revenue options. Business is supportive of transit as a way tv move employees and customers reliably, The Legislature has also asked repeatedly for the region to look at other options. The RTC is trying to balance the needs of all interested parties. The State may need sales tax to fund additional needs for Texas in the future. 6 Why are we not using the tri-party agreement from ~~06? Uver 1 g0 local governments and chambers of carnmerce signed onto the tri-party agreement, which called for the three existing transit authorities to work together to implement regional rail and called for an additional sales tax of up to 1 percent to be imposed outside of the DART and DCTA service areas. The support for that effort was overwhelrr~ing, but the Rail North Texas process is fundarrtenta!!y different. Luca! governments and organizations should have an opporfunity to evaluate the Rail North Texas proposal and choose to support it or not based on the new taxes and fees proposed and the idea to create an infrastructure fund for DART cities. Even though sales tax will not be used, the same three transportation authorities will be asked to design and construct the additional rail lines. Will DART Cities be double taxed? Any new taxes andlor fees will be imposed for an entire .county, so if Dallas County or Collin County vote to approve new taxes or fees, DAFT cities wii! pay these new taxes andlor fees as well as the current 1 percent DART sales tax. This will be for new service as agreed to by the cities within DART. It could be to speed up the construction of rail lines by decades or it could be to improve bridges or streets. All new revenues in the DART service area will remain for that service area to construct additions! transportation. This special account is the result of not being able to add sales tax to non-DART cities. Could the TFA reallocate money away front transit projects when there is a shot-tfatl of highway doElars? No. ~y taking a set of specific projects with specific funding sources to the voters, the TFA wi11 be making a corrtmitment to fund those projects. An Internet-based tracking system will be created so anyone can see how much money is dedicated to each project and how it is being spent. Wilt c~'eating a TFA slaw dawn the process of building the rail iines'~ No. The fact is that none of the rail lines on the neap can be built until our region identifies funding. There are very few cities along the Tait lines that can join a transportation authority because the sales tax cap has been met in nearly every city in the region. So, by using the TFA to raise revenue, the region can move to construction. Additionally, the TFA will pass along funds as the transportation authorities begin work. 7 UUhy are roadway improvements part ort something caned Rail North Texas? The primary focus of Rail North Texas is funding a passenger rail system. Because a pfe~ious effort to allow higher sales taxes an a city-by-city basis failed, the Regional Transportation Council began looking a# other taxes and fees, all of which need to be implemented on at least a cdunly-by-county basis to be successful and not unduly influence buying ar living decisions. This means that taxes or fees could be imposed aver DART residents. Not wanting to double tax anyone for the same service, local elected officials determined that funds generated in the I]ART service area could be used to build supplemental roadway projects. In addition, because a fee may be used in ~2 counties, revenues for areas that do not yet have warranted rail projects could go to roadway projects. Why not dust let the revenues go straight to the transportation authorities? There must be supreme confidence that the money genera#etf will be used for the purposes stated at the time of the vote. The RTC and its staff have already developed this type of accounting system for the State Highway 12~ toll road payment. in addition, because rail projec#s will cross county, and sometimes transpor#atior~ authority, boundaries, it makes sense for a regional entity to administer the funds. Finally, because roadway projects will most likely be involved, a regional planning agency will already have established processes for transferring funds to either TxDCT, cities, counties, or NTTA to implement projects. 8 Attachment 3 The Rail North Texas Initiative is: Not creating a new level of government or a fourth transit authority. Not collecting money in one county and spending it in another county. Not creating a "one size fits all" transportation solution. Not creating an additional organization to plan, fnance, ar construct projects. Not deciding for citizens an what they wish to do. Not double taxing the DAFT service area since revenue collected within one area will go to regional rail, accelerating current rail projects ar to build other transportation projects. Not having cc~nstructian fees or taxes stay on forever. i"ees and taxes would only last the duration of the bond ~repaymen# period. Citizens would have to elect to build other projects. Not putting our future on the roadway system only. Not waiting on Tx~C~T or others to fund our needs. Not delaying projects which would result in higher and higher costs. Not following the current State and federal approach of raising revenues with no assurances that specific projects would advance. RAIL NORTH TEXAS PROJECT SELECTION, FUNDING, AND IMPLEMENTATION PROCESS ^,.,~ . _ ~ ,a...., . RTG initiates r~~l~for` protects," s~P~~p ~~appl~catlons are received and :: technically e~~~i~a~ed:~ ~~Sar~e ~~~~~ ,,.°-as.+currently~b~e~ng used:: ti,, ..... . ,. ea ~undt~~e ~{Icot~ri ~ge~~~l.Erarea~ tha# ~n~l.~udes citizens, ' s ' . . ~ z ~ ; ' ~ ~ : transpo a d aut~;~~rlti R ' ~~ .f; dents, ar~d:.lc~~,~elected: ofal~~als ., . ,. .. .. 1 . ter., " r ~ ~ ~ o :~;rio .: e~.~ ity:: t~~d , prn~ects. r~ . I .,: ~ : < . , , .. ~ o :~.:._. :~ ...;;~..,.., ~ „fir-_•..~ ~TC'Regionai syst~rnrev~e~r; finar:~~~~~ ~a~~~revenue~apticns pare developed:: ~ 0 ~ .. :.. .. .::.~. :~ :L::. .. I ~ ~~ .:. ,. ,:.. . 1' ": Projects and..reve~.ue a tivns~s~~~~ ~., : ~ `r±~a ~oundtables for review ~. ~ ~e r } refl ~~ r~t ~pp~r~ ual,, ~ ~ o . ~ ~ :. .. .. . ~y~ y~y.~:~ ~1'.. 5 .rSs. .:t: y~..~., .,.,....K!v _R i'1`S: Y~7i...N.'.•...:~~...... ':~. ~ i... ~/ '1'~'w.'/:lf:i ~'L"%"}; K• ~• lii1N r~'.'..... ; y. '~F~:'.'..:: ., - ;~ p,p 1 a~,f~': n ac ryt , roc` ... ~ _ ~ ... ,. constru~tror~-of~~' ec~fic:: ~ roe ~~ for~u reas'~w~th~ `~ i ~ ~ ' ~ .spec fed t~ .. . P . , :;a " ~~ ~~~ rye frame -; ,, _. F. .... . '". '.'.: Sabarea;fun~ing accounts aye; developed and manitdred. D ... .... , s -,.....tr ~.: Existm~ transpor€~rtron;~~th,~~i~iesle~#~tt,e 1d~ - a:rtme~nts ~mp~entQnt.#he..specific: ~~'~'fX~ '.v~'i~. l+° L ! 'n ./~F.F , „~v, '{t,7"+~~.,' i. •..::•,;• •r, air t` k r'F ~'~: ~:,~ .,.1p,1 ` ~ ~~ pca~ects ai~~h©~e~4~ lao~e~iain:~o < ~`R~"~~"rransportatt~n ln~plem+enters Su~comrnitfee is~cr~~te~`t~ mani~or pro~~es~s aind'coardinate the system: A Attachment 5 District-wide Local Voter Option . DRAFT Outline -December 11, ~gUB Version The bill shall authorize the eight Transportation Managerr~ent Areas within Texas to form a Transportation Funding Area TFA}. The purpose of the TFA is to levy fees and taxes to generate revenue necessary to fund identified metropolitan area mobility needs. The metropoli#an planning organization ~MPO} policy making body may establish a TFA by a two thirds vote of its members fallowing a public hearing. The boundary of the metropolitan planning area shall be the boundary of the TFA. If the rr3etrapalitan planning area boundary changes, the boundary of the TFA changes identically and simultaneously. If the rrretropalitan planning area boundary splits a county and the commissioners court of that county resolves that the entire county be included in the TFA, then the TFA boundary shall expand to include the entire county. The TFA shall be governed by a board of directors. The board of directors of the TFA shall be the MPO policy making body, unless the MPO policy making body elects not to serve as the TFA board of directors, in which case it may establish an alternative br~ard of directors. At feast two thirds of the membership of any alternative board of directors shall consist of Iota! elected officials of cities and counties within the TFA. The bill shat! authorize a TFA ta: • Levy fees and taxes subject to eater approval • Issue debt • Fund operations, maintenance, capital and debt service expenses for passenger rail, transit, roadways and freigh# rail • Contract with transportation authorities or transportation providers to provide mobility services and implement projects The TFA shall use revenue generated from fees and taxes in a particular county to fund mobility needs in that county. The TFA may levy the following fees and taxes if approved by voters at an election on a date authorized by statute: • A vehicle registration fee, not to exceed $1 a0 per vehicle per year • A motor fuels excise tax, not to exceed $0.~! 0 per gaUan + A mileage fee, not to exceed $0.01 per vehicle mile driven • A property tax, not to exceed $g.g5 per $'l Ot7 appraised value + A driver's license fee, not to exceed $5g • blew resident impact (vehicle registration), not to exceed $25D For purposes of this bill, "subarea" will mean the geographical area of a county being represented by city and county elected officials and the public located within that coon#y geographical area. The TFA shall arse the established process and criteria of the MPS in identifying mobility needs and selecting projects to fund, using the following protocol: • The IVIPa issues a call far projects • pities, counties, and transportation authorities within the TFA submit projects • The MPQ evaluates and ranks projects an a subarea basis. Subarea roundtables of elected officials and technical staff provide input on projec# rankings and the taxes and fees needed to meet the highest ranked project needs • The ME'(~ develops a ballot specific to each subarea within the MPO listing the highest ranked projects and recommended fees and taxes to generate revenue to fund the projects, correlating projects on the sample ballot to estimated revenues generated by fees and taxes levied an a subarea basis sa that the fee and tax revenue generated in a particular county funds projects in that county On a date authorized by the legislature, the TFA shall submit all ballots for voter approval. Ballot language adopted by the MPO policy board shall list: • the value of the bonds to be issued • each tax or fee to be levied, the rate of each tax or fee to be levied, • the month and year in which the #ax or fee levy shall begin, • the transportation operations, maintenance and capital projects to be funded, • the sources of revenue that will cease when capital projects are completed, and • the estimated time frame for the implementation of each project. The vote results shall be tabulated on a county basis. Fees and taxes will be levied only in a county in which a majority vote is cast in favor of the projects, fees and taxes listed on the ballot. The bill shall indemnify metropolitan areas: Metropolitan planning areas shall not be penalized in terms of losing traditional transportation funding by virtue of their establishing a TFA and their voters agreeing to pay additional transportation taxes or fees. TxDUT shall not reduce any allocation of traditional transportation funding to any of its districts by virtue of a district being in a rnetropolitan planning area that establishes a Tl`A and levies additional transportation taxes or fees. 2 Implementation of this legislation within the Dallas-Fort Worth region will be as follows': The primary focus of the TFA created will be to finance the design, construction, operations, and maintenance of passenger rail. Roadway improvements will be considered on a supplemental basis and to create ecfuity for municipali#ies that are members of a transportation authority. The TFA wial convene as the Regional Transportation Council and will initiate special meetings at least once a quarter to hear public commen#s on projects, taxes, or fees. These mee#ings shall be properly advertised. A subcommittee of the hl1P~ policy making body will be created for the transportation authorities and transportation providers to rr~anitor implementation and funding issues and coordinate system development. The TFA will not issue debt. Any necessary debt will be issued by transportation authorities and transportation providers. This bill will be implemented in accordance with Regional Transportation Councit Resolution Updated R08-'l1 and Attachments 1-5. ' This process is modeled after the Regional Toll Revenue Funding Initiative. CITY OF EXECUTIVE SESSION ITEMS CITY OF CITY OF CITY OF NORTH R/CHLAND HILLS Department: Communications Presented by: Councilman John H. Lewis Council Meeting Date: 1-12-2009 Agenda No. H.1 Subject: Announcements -Councilman Lewis Announcements The NRH Recreation Center will host a Community Health Fair from 10 a.m. to noon on Saturday, January 17th. This free event will feature a variety of health screenings, chair massage, group exercise classes, a KidZone and more. For more details, please call 817-427-6600. The Parks & Recreation Department and the Birdville Council of PTA's will host a free parenting seminar at the Recreation Center on Saturday, January 24th. Pre-registration is required. For more information, please call the Recreation Center 817-427-6600. Join us at the NRH Public Library each Saturday in January for free family films. Movies will be shown on the big screen in the Community Room starting at 2 p.m. Popcorn will be provided. Families are invited to bring snacks, drinks and floor cushions. For more details, please call 817-427-6814. Iron Horse Golf Course is currently booking its pavilion and clubhouse for 2009 weddings, graduation parties, retirement parties, receptions and more. To make a reservation for your next special event, call 817-485-6666. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Lieutenant Mark Powers, Firefighter Jack Kessler and Firefighter Randy Faulkner, Fire Department - A note was received from a resident thanking Fire Station #1 for allowing a Cub Scout Tiger Den to tour the station. Lt. Powers and the firefighters were welcoming, informative and patient with the group of 6 and 7 year olds. The boys had a wonderful time and so did the parents. The resident did not expect such hospitality and professionalism. The firefighters at Station #1 represented the city very well, the resident said. CITY OF