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HomeMy WebLinkAboutCC 2009-02-09 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, February 9, 2009 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR-2009-009 Consider Approval of Ordinance Supporting Locally Enforced Idling Restrictions (10 Minutes) A.3 IR 2009-011 Police Department Racial Profiling Annual Report (5 Minutes) A.4 IR 2009-014 Preview of New Economic Development Web Site (10 Minutes) A.5 IR 2009-010 Update on 1st Year of Duncan Disposal Contract (10 minutes) A.6 IR 2009-012 Northeast Fire Department Association 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 the City. B.2 Executive Session: Deliberation Regarding Economic Development Negotiations as Authorized by Section 551.087 -South Sector of City 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 compliant with Chapter 551, Texas Government Code on February 9, 2009 at 2' 4 ~ . ,.~ is': t ity Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda -February 9, 2009 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, February 9, 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 -Mayor Pro Tem Turnage A.2 Pledge -Mayor Pro Tem Turnage A.3 Special Presentation(s) and Recognitions) -National Engineers Week Proclamation presented by Councilman Barth A.4 Special Presentation(s) -Overview of the Texas Highway Commission Award of Conditional Contract for Construction of North Tarrant Expressway (Loop 820/183) - Texas Department of Transportation Representative A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so City Council Agenda -February 9, 2009 Page 2 of 4 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of November 20, 2008 City Council and Planning & Zoning Commission Joint Work Session B.2 Approval of Minutes of January 26, 2009 City Council Meeting B.3 FP 2008-09 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of 32 Lots in the Woodland Estates South Addition (located in the 9200 Block of Martin Drive.) B.4 PU 2009-003 Renew Annual Contract with VMC Landscaping Service for the Parks Mowing Services C.0 PUBLIC HEARINGS C.1 ZC 2008-14 Public Hearing and Consideration of a Request from Icon Consulting Engineers to amend Planned Development Number 36 for a Jack in the Box Restaurant on Lot 7R, Block 1, Wal-Mart Addition (located at 8416 Davis Boulevard.) -Ordinance No. 3041 C.2 ZC 2008-08 Public Hearing and Consideration of a Request from B.H. & L. Joint Venture to rezone a 5.347 acre parcel known as Lot 40, Block 15, Forest Glenn East Addition, Phase 1 from C-1 Commercial to O-1 Office (located in the 8600 Block of North Tarrant Parkway.) -Ordinance No. 3040 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2008-12 Consideration of a Request from B.H. & L. Joint Venture to Approve a Replat of Lot 40, Block 15 into Lots 40R, 41-53, Block 15, Forest Glenn East Addition, Phase 1 (located in the 8600 Block of North Tarrant Parkway.) E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2009-006 Consider Approval of Ordinance Supporting Locally Enforced Idling Restrictions -Ordinance No. 3039 F.2 GN 2009-008 Approve 2009 Federal Legislative Positions F.3 GN 2009-009 Calling May 9, 2009 City Council Election and Authorizing a Joint Election Agreement with Other Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County -Resolution No. 2009-005 City Council Agenda -February 9, 2009 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 IR 2009-013 Demonstration of TumbleBooks -Electronic Books for Kids H.2 Announcements -Councilman Sapp H.3 Adjournment All items on the agenda are for discussion and/or action. C;Prtificatinn 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 February 6, 2009 at 2.'•~~ .. s~s ant City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda -February 9, 2009 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 $20 North Richland Hills, TX 76184 Monday, February 9, 2009 5:45 P. M . A.1 Discuss Items from Re ular Cit Council Meetin A.2 IR-200J-000 Consider A royal of Ordinance Su ortif~ Locall Enforced Idlinc: Restrictions 1(~ Minutes A.3 I R 2000-011 Police De a rtment Racial Profilir~ Annual Re ort 5 M inutes A.4 lR 2008-014 Preview of New Economic Develo r~~ent Web Site ~10 Minutes A.5 I R 2000-010 U date on 1st Year of Duncan Dis Deal Co ntf~act ~ 10 m mutes A.6 I R 200-012 Northeast Fire De ~artn~~ent Association ~ date °10 min~..~tes~ B.0 EECl~T11~E SESSION -The Ci Council ma enter into closed E:~:ecutive Session to discuss the follo~nrir~ as authorized b Cha .ter 551 Teas Government Code B.1 Executive Session: Pursuant to Section 551.072 Teas Oovernment Code to deliberate the urchase exchan e or value of real ro of for fnranici al use - Central Sector of the Cit . B.2 Executive Session: Deliberation Re ardin Econof~~~ic Develo f~"lef"'Nt Ne otiatior~s as Authorized b Section 551.087 -South Sector of Cit C.0 Ad~eurr~ment clry of N~RThI R1CHLr4ND hI1LLS Department: City Secretary Council Meeting Date: 2-9-2~fJ9 Presented by: Agenda No. A. ~ Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009-009 Date: February 9, 2009 " ~ Subject: I R-2009-009 Consider Approval of Ordinance Supporting Locally Enforced Idling Restrictions On May 8, 2008, the Regional Transportation Council RTC} approved a resolution supporting the enforcement of motor vehicle idling restrictions in North Central Texas. The RTC encourages local municipalities to adopt the Texas Commission of Environmental Quality's ~TCEQ} rule, as is, no modifications allowed, on idling limitations and enter into a North Texas memorandum of agreement ~MOA} with TCEQ for the purpose of enforcing motor vehicle idling restrictions in their effort to reduce vehicle emissions and improve air quality. Limiting motor vehicle idling is one component of the Dallas-Fort Worth 8-Hour Ozone Attainment Demonstration State Implementation Plan which is the federally mandated clean air plan for the region. If Council approves the attached ordinance, any vehicle with a gross vehicle weight rating of 14,x00 pounds or greater would not be allowed to idle more than five minutes within participating jurisdictions. This includes public and private vehicles and will be enforced through the months of April through October, the peak ozone season. Approving the ordinance and MOA Step # 1} is strictly voluntary; however, the RTC has the right to consider approval of this rule when evaluating future funding eligibility. March 1, 2009 is the commitment deadline. The MOA becomes effective upon receiving all signatures from all parties, and will expire on January 2, 2013 unless renewed in writing by a mutual agreement. We may withdraw from this agreement at any time upon thirty days written notice, which will constitute termination of the entire M OA. 3 Steps in Implementing the TCEQ's Idling Restrictions: Step #1 =Initiation Adopt Rule and Sign MOA} Step #2 =Education (installing signs, promoting the program within NRH} Step #3 =Enforcement determine enforcement personnel and procedures}. All educational materials such as brochures and signage will be given to each municipality to distribute throughout the city. Each city will be required to purchase the signs that will be installed in areas where trucks exceeding the 14,000 Ib. gross vehicle weight frequently park. The costs of the signs are undetermined at this time. Citizens will also have access to an idling complaint hotline and web site to report idling violations. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ Enforcement of the ordinance has been left up to local governments to determine the procedures and necessary enforcement personnel. Both Code enforcement and the Police department will enforce the idling policy as they observe violations or upon receiving a complaint. The Police Department will continue the enforcement after hours and will report violators to the Code Enforcement Division. This information will be maintained in a spreadsheet for annual reporting to North Central Texas Council of Governments. RTC indicates that heavy-duty diesel vehicles, as identified above, produce 15 times more emissions than light duty gasoline vehicles. Several exemptions to this rule are specified based on vehicle type, operations, and air-conditioninglheating provisions. ~} A motor vehicle weighing less than 14,4~~ Ibs and does not have a sleeper berth; 2} A motor vehicle forced to remain motionless due to traffic conditions over which the operator has no control; 3} A motor vehicle used by the U.S. military, national guard, or reserve forces, or an emergency or law enforcement vehicle; 4} When the primary propulsion engine of a motor vehicle provides a power source necessary for mechanical operation, other than propulsion, and/or passenger compartment heating, or air condition; 5} When the vehicle is being operated for maintenance or diagnostic purposes; G} When the motor vehicle is being operated solely to defrost a windshield; 7} When a vehicle is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public passenger transportation, or passenger transit operations, in which case idling is allowed up to a maximum of 30 minutes. 8} When the vehicle is being used to provide air conditioning or heating necessary for an employee's health or safety while the employee is using the vehicle to pertorm an essential job function related to roadway construction or maintenance; 9} When the vehicle is being used as airport ground support equipment; ~0}When the owner of a motor vehicle rented or leased to a person that operates the vehicle and is not employed by the owner; or ~ )When idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government mandated rest period and is not within 2 miles of a facility offering external heating and air conditioning connections at a time when those connections are available. Evidence has proven that vehicle emissions are a large contributor to pollution and the "Green House" effect and reducing harmful vehicle emissions during the peak ozone season will improve air quality and therefore improve the quality of life for our citizens. Respectfully Submitted, Jo Ann Stout Director of Neighborhood Services INFORMAL REPORT Ta MAYOR AND CITY COUNCIL No. IR 2009-0'I ~ _;. Date: February 9, 2009 T Subject: Police Department Racial Profiling Annual Report The 77th Regular Session of the Texas Legislature passed Senate Bill '1074, an Act relating to the prevention of racial profiling by certain peace officers. This law specifically prohibited racial profiling by peace officers in Texas. This law also added, among other things, requirements for the training of peace officers. In addition, this law added Section 2.'132 to the Texas Gode of Criminal Procedure. This statute requires poice departments to adopt a policy on racial profiling, which we have done. The North Richland Hills Police Department provided the required training to all its members before the statutory deadline of September ~ , 2003. Most Patrol Section officers received this training before January ~ , 2002 when key portions of the statute took effect. The Police Department continues to train new officers. The required policy on racial profiling must include a report to the governing body of each county or municipality served by the agency. The annual report must contain, "information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to: a) the race or ethnicity of the individual detained; and b} whether a search was conducted and, if so, whether the person detained consented to the search." If the Police Department did not have video-recording equipment in all patrol cars and audio-recording devices for motorcycle officers, the required data collection and analysis would be much more extensive. The Police Department hired Alex del Carmen, PH.D., of Del Carmen Consulting to analyze data collected by the Police Department. It was reported to Dr. del Carmen by the Police Department that during calendar year 2008, two racial profiling complaints were received and both were determined to be unfounded. The analysis of the seven-year traffic-related contact data suggested that the North Richland Hills Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past seven years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. Dr. del Carmen concluded that the North Richland Hills Police Department has complied with the Texas Racial Profiling Law (SB1074}. Respectfully Submitted, Jimmy Perdue Assistant City Manager ISSUED BY THE CITY MANAGER NDRTH RICHLAND HILLS, TEXAS ~ ~I~ Tier 1 Data Traffic-Related Contact I nformation ~ ~ /1/~8-1 X13 ~ /~8} RacelEthnicity~ Contacts Searches Consensual PC Searches Custody Searches Arrests -- ' : ~ ' /i ' ~<i,,y N '<" '' .,;' ~~ :"'tee"'~"', " „-; /~ , 9 -d~ .'k°`~;, '~ fi .P; y, e„o; 'f ;i" ' "r'" ', n~e~, .;~, ~ s~si'1'.4~ / i ~,'~~ f~t&~, ::g >~d' .,~~.~ r• ~ y~'.e, ~GP n la'~PL~,~ ''a~/~& ~ Y P§~~ ? aP°' s '/i'~% 6 L~a~ : ~s~ iSd ~".2d.«.:s .~~ /,< 4r, ..,PY.C/y'," ~~~' ry:°~. ~' s<i',,f,~~~''~~"~~~, ,;v'...>y~ "L l` ~k~ „~. ba3'a i° +', ~ ~~ ~ ~ s / r. '.94 s~ ~,,. ~; %v~'; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ 6 ~ ~~ ~ P~~'%3, ~& € €?,fr.~ h 6. y:• ~ ~`~s '' ~ ~ ~ ~ P /q. ~,'~ ~Y,t 3~k)f x9 ~i1j v9 :$rr9, 3 ' HH// :.. , , ,+~ {l 'S {b~~ ~P rf/~ ~ ~~r~ ~Y ~vh ",....,."~~~.''.i/cn/~lk/'Fii~,. ~~i vs:: . : y ~ o~~7,WHI~ ~Y/Y/~ "Yb i ,c~Y !'.pG . ~:.'b. p, c~ Y3lg!_%..' ~4.. .. :4r /Y'.,,fi .. ,~... S .5SyL~'L648~~~ G r. RiF. L: :n .'2r0 p U', '9 ..M..~?$ „6 ;k:.. Caucasian 17,820 80 473 75 36 90 437 74 579 75 African 1,832 8 76 12 1 3 75 13 97 12 Hispanic 2,043 9 76 12 3 7 73 12 94 12 Asian 487 Z 2 .3 0 0 2 .3 2 .3 NatiWe 55 .2 1 .2 0 0 1 .2 1 .1 American Other 135 .6 2 .3 0 0 2 .3 4 .5 o:: .v:. .. .: :,. .:.: .o> n 6 .¢v /.. .' : a ... . ~~ . ' ,~H!/: ; 5~' ~, N .iz'4' i A~~.4::b ,~ AY :~. / ~ .. :~:.n '.. ~ r :... r. v. :::. u' .' :': '..~Pr. .v.SYv/ !P': ; P 'i% ,s-~-~- / 6 ./ :. v..5/. v PNP`i i'P' .v% :i :':h., "Y' ;P. :>l~' y.~'. .`%.~Y... ~•.. 691. /i /' ,... ,.P.F..T >.'' 6T"'r y „~, i.., .:., ?~rr~ .9: : r'%/ '.// i f" :'S':: :%y:, :::'~/H"y'$s2. ..~.::. -!'o'rs., zP:a~`?~,''i;~: < ,~ q" 2'b' . S/ ./ a///o o S:..R: ~S",~ .;§`9.S' ~, sj .:3''. ':Ya~ .ix ...fi~vl'r. >;n cz~P•.~?~ :/.~,v: c`~.'"f~P~9 .:. a'.: a?w ,c .7 sf/ %~ ~ v ~. :: 2 u . .,~r y:! 'Y ~'d. i `z,^ ro . s~.' s~ .' ~. y' //.~~. a7o. S'a$; 4,'/. s ~' ~u.9 ~/ .r' : c K P L..E S ~ ;;kv f3'` .~ '//~r~ >;l G""N' ~ ~ ~lf,.-_.%~:/„vrc~.~g .Y /H',~.rc.~ P ~'. ./C~.viS..v.P,Yf .:~~%I~L~S,'.d.~~.rn'~~y~?' i'~~~~/e Pr'~,..~ w,o„/ $~'~,~~~.. ~,~~,, ~. .Si yo-/$: ~. ~pP ~ ~ Total 122,372 100** 630 100 40 100 590 100 777 100 "N" represents "number" of traffic-related contacts * RacelEthnicity is defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, or Native American". **Figure has been rounded (II} Traffic-Contacts and Fair Roads Standard Comparison Comparison of frafiic-related contacts with households in DFW that have vehicle access (in percentages). (1/1108-12/31108) R.acelEthnicity'~ Traffic-Contacts (in Households with Vehicle percentages} Access (in percentages) s~.l?'a ~ ~~~'°/ " ~ .i~•'~'' f'~ Ll+;.f `'/y'S/'/° ~`~ h _ :_9sy ~°4 .,,,: ,.. , ,,y~~6'~`~ G ~r ~~~~w`" / / , ~• n ~'v~~z R. !e~$W. r ,:::.. ~.,~ :. ... :::I f Caucasian 80 68 African S 12 Hispanic 9 14 Asian 2 3 Native American .2 .54 Other ~r~b? 'i'~'~',~% ~ a~ ...y> j '.. /yam '$3 ~P~ ~i'.~~~';$ ~ ~~,pp",s ~" ~~ '~' ~~ d ' a :~"'`~~,~.'~ ~Y S~ v' ~ / ~~r ' ~ G / Total .6 NIA u3 ' $~.ji ~'~'S~ ~ ~tig d:,~ v ~ .~ :y ~ d ~ ~y a~ :~ ~, ,a''.'r~ ' ` i I . ~£s ~ %i~1 %', ~~ / ~' ~' Yy" a Y ~~ '9 ~3~ ~~ ~' fi.~'P Y a, ~ %x'' P ~ a ~/y vy'4 9 yam` fyP °X~, ~~ `.~'' H 100** 97.5*** * Ra~celEthnicity are defined by Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, or Native American". **Represents rounded figure *~Amount does not total 100°~ since Census data does provide value of "other" category. VIII} Seven-Year Tier 1 Data Comparison Comparison of Seven-Year Traffic-Related Contact Information ~"II'1102--'1213'1108) RacelEthnicity* Traffic-Related Contacts (in percentages} ~~~-~.~~~~ t ~ ~~ ~ a2 a3 a4 os a~ a os = ~$~; ~ , , 4 Y~ `` ,~,Yx ,~~~~~~ 7~ ~~~-' /fJY Yi 95¢`~Y ~~I Y{i 3{~, YO a~170~ B i .~ y i'3 ~ lsS~ ~~i v ir~Y 9 Y ~~ s~ 4 ~ ~~~ ~ ~ 4 ~ ~ ~ ~' t ` y , S o ~~~o/.%~ ~~Kk '~~q. ~?, s K! G 3 ~~ 4 ; ~4~ v /3,'g . $ .x?°y ~. '~ y Caucasian 84 82 80 81 80 78 80 African 6 7 7 7 7 8 8 Hispanic 8 9 11 9 10 10 9 Asian 2 2 2 2 2 2 2 Native .10 .09 .2 .2 .2 .2 .2 American other .30 .41 .4 .6 .8 1 .6 * Race/Ethnicity is defined by Texas Senate Bill 1074 as being of a "particular descent, including Caucasian, African, Hispanic, Asian, orNative American". ~ Figure has been rounded. Total 100** 100** 100** 100** 100** 100** 100** INFaRMAL REPORT T4 MAYOR AND CITY GQUNCIL No. 2009-0'14 Date: February 9, 2009 ` ~ Subject: Preview of New Economic Development Web Site Background There are numerous Economic Development efforts taking place for North Richland Hills to establish a competitive edge and be well positioned for an economic upturn. One such effort is the redesign and re-launch of the City's Economic Development website. Led by Kristin Weegar, a team that included myself, Kyle Spooner, Bob Weakley, Sydney Le and Mary Peters partnered to redesign the City's Economic Development website, now called ~ OHwww.nrhed.com. Strategy For existing NRH businesses, the website includes: • Business tips and advice • Local incentives such as the `BIG' program • Financing and business counseling information and links • Good news and major announcements about the local economy • Information about the Cites numerous strategic growth plans • The ability to subscribe to important news that may impact existing businesses For business recruitment, the website includes: How a business would fit within the Gity's numerous strategic planning areas including o Loop 820 o The two transit oriented developments (TODs} o HomeTown Information to consider for an expansion or relocation o NRH's location and demographics o City and state incentives o Existing available properties Identify key contacts to obtain o Customized site analyses (trade area, radius, drive time, competitive positioning, etc.) o Business development proposals (economic indicators, labor availability, state and local incentive packaging, etc.} We look forward to showing you the redesigned web site during the Council Work Session. Respectfully Submitted, Craig Hulse Director of Economic Development ISSUED BY THE CITY IUTANAGER NDRTH RICHLAND HILLS, TEXAS ~ - ___ INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-010 Date: Update on Est Year of Duncan Disposal Contract ` Subject: February 9, 2QD9 We have just begun the 2nd year of a five year contract with Duncan Disposal as the City's franchised solid waste provider and I wanted to give an update to Council as to how the first year of service has gone. As mentioned in a recent IR, the first couple of months with Duncan were challenging mainly due to the change in collection days for parts of the city for residential trash and recycling services. Although trash is occasionally placed out on the wrong day, the large majority of residents have gotten used to their new collection days. An additional challenge for our residents with the switch to a new provider was that collection times changed. For example, with Allied, someone might have been toward the end of a route with their trash getting picked up mid-afternoon. Because Duncan's routes are different than what Allied used, the person that previously got picked up mid-afternoon could now be at the beginning of a route and get picked up much earlier in the day. These issues have, for the most part, worked themselves out. The number of calls received by Duncan from our residents dropped significantly as the year progressed. In February, the first month of the contract, there were 43~ residential and 52 commercial complaints. In December there were 33 residential and ~5 commercial complaints. The number of residential complaints dropped each month, except for November, where there was a slight increase. Although the number of complaints will vary by month, it looks like on average we can expect about 35 residential complaints per month and ~5 commercial complaints. As I'm sure you've all read Republic Services, Inc., Duncan Disposals parent company, has bought Allied Waste. Although these companies are merging, we should not see any negative impact from this transaction. I hope this information is helpful to you. I look forward to discussing this with you further at Monday night's meeting. Respectfully Submitted, Karen Bostic Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ INFORMAL REPQRT TQ MAYOR AND CITY COUNCIL No. IR 2009-0'12 Date: February 9, 20D9 Subject: Northeast Fire Department Association The group now known as the Northeast Fire Department Association, or NEFDA, had its origins in the seven Member City Fire Departments of the Northeast Tarrant County Firemen's Association. Back in 1967, that group of Fire Departments banded together to run the Northeast Tarrant County Firemen's Training Center on Minnis Drive and the Airport Freeway in Haltom City. At that time, the Member Cities included Haltom City, Richland Hills, North Richland Hills, Hurst, Euless, Bedford, and Colleyville. on September 27, 1979 these original seven Fire Departments joined together with four additional Fire Departments in northeast Tarrant County to sign a mutual aid agreement for the sharing of fire protection resources. The four new Fire Departments who joined in signing the mutual aid agreement included Grapevine, Southlake, Keller and Watauga. Upon signing that agreement, an eleven-member partnership in fire protection was formed that enhanced the available resources to the citizens of all of those eleven Member Cities across jurisdictional boundaries in northeast Tarrant County. aver the years subsequent to the signing of that agreement, that consortium of Fire Departments joined in partnership evolved into what is now known as NEFDA. The original Northeast Fire Training Association NEFTA} was incorporated on September 25, 1992. At the time of incorporation, the NEFTA Member Cities included Haltom City, Richland Hills, North Richland Hills, Hurst, Euless, Bedford, Colleyville, Southlake, Grapevine, Watauga, and Keller. The Bylaws of the Corporation were adopted on November 11, 1992. In 2DD0, by a vote of the membership, Trophy Club was admitted into NEFTA, bringing the number of participating Cities to finrelve. Shortly thereafter, Roanoke and Westlake joined NEFTA bringing the membership to fourteen Cities. The name was revised to the Northeast Fire Department Association (NEFDA} to more closely reflect the broad spectrum of specialized services that the organization provides for the Member Cities. Now, NEFDA provides joint training opportunities, Hazardous Materials ~HazMat) response, bomb response, Urban Search and Rescue, Technical Rescue, Mass Casualty Response, Decontamination Response, Light & Air Services, Command Post support, and Communications support for the fourteen Member Cities. Initially, the NEFDA membership dues were set at $2,5DO.DD per year, per City, and remained at that level for a number of years. As costs increased the dues were adjusted several times in order to provide the necessary maintenance and upkeep of existing core services. I n order to plan for future needs and service enhancement ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~ opportunities, a new dues structure was implemented in 2~~2 that included a base fee plus a per capita component. This helped to account for the more frequent use of NEFDA assets by the larger, more populous Member Gities. The current dues are $4,5~~.00 per year plus $.D7~2 per capita, per Gity. The dues for North Richland Hills for 2DD9 calculate out to $9, ~ ~6.~~. The cost per City for the services provided are far less expensive than any one of the Member Cities could provide equivalent services on its own. Since 2~D3, the NEFDA group has been the recipient of a number of Assistance to Firefighter grants and Homeland Security grants enabling it to replace most of its original fleet and adding significantly to its service capability. An overview of those capabilities will be provided via a PowerPoint Presentation. NEFDA Mission Statement It is the mission of the Northeast Fire Department Association to consolidate the strengths and resources of all member departments for the purpose of enhancing the service delivery to all of our respective customers across all jurisdictional boundaries. We accomplish this mission by providing our Fire Fighters with quality professional development training, sharing of resources, cooperative mutual responses, and a commitment to community safety. NEFDA Core Values The core values of the Northeast Fire Department Association are Quality Service, Quality Results, People, Integrity, Innovation, and Teamwork. Respectfully Submitted, Andrew A. Jones, Jr. Fire Chief CITY ~F NQRTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-9-2009 Presented by: Agenda No. B.D Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 55~, Texas Government Code CITY 4F NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-9-2Q09 Presented by: Agenda No. B. ~ Subject: Executive Session: Pursuant to Section 55~.Q72, Texas Government Code to deliberate the purchase, exchange or value of real property for municipal use - Central Sector of the Gity. CITY QF NaRTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 2-9-20Q9 Presented by: Agenda No. B.2 Subject: Executive Session: Deliberation Regarding Economic Development Negotiations as Authorized by Section 55~.Q87 -South Sector of City cry of NORTH RlCHL/dND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2009 Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 73D1 Northeast Loop 8~D North Richland Hills, TX 76180 Monday, February 9, 2DD9 7:D0 P.M. A.D Call to C-rder _ Ma or Trevino A.1 Invocation _ Ma or Pro Tern Turns. e A.~ Pledge - Mavor Pro Tem Turnaae A.3 S ecial Presentation s and Reco ninon s - National Enc. it~eers Leek Proclamation resented b Councilman Barth A.4 S ecial Presen~.tion s~ - Overview of the Texas Hi hwa ~.:ot~~~n~~ission Award of Conditional ~:ontract for Construction of I'~Jorth Tarrant Ex resswa Loo 801183 -Texas Cie artment of Trans ort~ation R.e ~ resentative A.5 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.6 Removal of Items frot~~ Consent A ends. B.0 CtN~JSII~ER APPR(~'VAL ~F CONSENT AtSEf~I~A 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 A~ royal of Minutes of I~Jovember ~0 '008 Cit Council and Plannir~ ~ or~ir~ Commission Jaint'U1~ork. Session B.2 A ~~roval of Minutes of Januar ~ ~ODJ Cit Council Meeting B.3 FF' 2003-09 Consideration of a. Rgi nest from JB JB Devgilo mgint FLP to A rove a Final Plat of 32 Lots in the tlltoodland Estates Couth Addition located in the 9200 Block. of Martin Drive. B.4 P~ 2009-003 Renew Annr4.ral Contract with 1IMC Lar~dsca in , Service for the Parks I~owin .Services C.0 PUBLIC HEARING C.1 ~C 2003-14 Public Hearin and Consideration of a Rgi nest from Icon Consultin En inegirs to amend Planned Dgivelo r~~ent Number 30 far a Jack ir'~ the Boy Restaurant on Lot ?R Block 1 11Va1-Dart Addition ~Iocated at 34°10 Davis Boulevard. - Ordinancgi No. 3041 C.2 %''C 2003-03 Puublic Hearin and Consideration of a Rgi nest from B. H. ~ L. Joint Vginture to rezone a J.34? acre arcgil known as Lot 40 Block. °1 ~ Forest Glenn East Additian Phasgi 1 from C-1 Commercial to O-1 Office located in the 300 Block of North Tarrant Parkwa . -Ordinance No. 3040 D.0 PLAN N l NG AND DEVELOPMENT Items to follow do not require a public hearing D.1 RP 2003-12 Consideration of a Re oast from B.N. L. Joint Venture to A rove a Re lat of Lot 40 Block 1~ into Lots 40R 41-~3 Block. 1~ Forest Glenn East Addition Phase 1 located in the 300 Block of North Tarrant Parkwa . E.0 PUBLIC 1~1I"ORI~~ No items for this category. F.0 GENERAL ITEM,B F.1 GN 2009-00 Consider Ar~c~roval of Ordinance ~~,roaortir~~a Locally Enforced Idlinc P.estrictior~s - Ordinance No. 3039 F.2 GN 2009-003 A rove 2009 Federal Lgi islative Positions F.3 GN 2000-009 ~.:allin Ma 2009 Ci Council Election ar~~d Authorizin a Joint Election A regiment with Othgir Tarrant Coun Political :subdivisions and Contract for Election services with Tarrant Coun - R.esolutior~ No. 2009-00~ G.0 E.:ECUTIVE .BE~CIOP~ ITEM G.1 Action on Any Item Discussed in E.~gicutivgi Session Listed on '~1lork gission Agenda H.0 INFORMATION AND REPORTS H. ~ I R ~~~-U'I 3 C~~rr~~n~~ratic~n ~~ Tumbl~Bc~c~k. - Fl~c~tr~c~nic ~c~~k~ fc~r ~.i~d~ H.2 Announ~~m~r~~ - ~r~ur~~il~~n~n ~~ H.3 Adiournm~nt clry of NORTH RlCHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2DD9 Agenda No. A.0 Subject: Call to Order -Mayor Trevino clry of NaRTH RICNLAND NlLLS Department: City Secretary Council Meeting Date: 2-9-20D9 Presented by: Mayor Pro Tem Scott Turnage Agenda No. A. ~ Subject: Invocation -Mayor Pro Tem Turnage clry of NORTH RlCHLAND HILLS Department: City Secretary Council Meeting Date: 2-9-2~D9 Presented by: Mayor Pro Tem Scott Turnage Agenda No. A.2 Subject: Pledge -Mayor Pro Tem Turnage clrY of NORTH RICHLAND HILLS Department: City Secretary Presented by: Councilman Tim Barth Council Meeting Date: 2-9-2~~9 Agenda No. A.3 Subject: Special Presentations} and Recognitions} - National Engineers Week Proclamation presented by Councilman Barth N~.H CITY OF NORTH RICHLAND HILLS PROCLA_VIATION WHEREAS, February 15th through February 2~St has been designated as National Engineers Week; and WHEREAS, National Engineers Week, founded in ~95~ by the National Society of Professional Engineers, is always celebrated at the time of George Washington's Birthday because he was our first president and an engineer; and WHEREAS, the purpose of National Engineers Week is to increase public awareness and appreciation of the engineering profession; and WHEREAS, the important efForts of engineers help drive our economy, protect our environment, ensure public safety and enhance the nation's quality of life; and WHEREAS, the Engineers of the State of Texas will actively help to maintain and sustain the vital infrastructure of our state and nation; and WHEREAS, Engineers help America remain at the forefront of technological development and contribute to countless breakthroughs that improve the quality of life for people throughout the world. NOW, THEREFORE, I, ascar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim February ~5 - 2~, 2g~9 as: "NATIGNAL ENGINEERS WEEK" in the City of North Richland Hills and urge all citizens and civic organizations to acquaint themselves with the wide range of items which involve engineering and to recognize the contributions which engineers make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 9th day of February 2g~9. ascar Trevino, Mayor clry o1= NORTH RICHLAND HILLS Department: City Secretary Presented by: TxDOT Representative Council Meeting Date: 2-9-2009 Agenda No. A.4 Subject: Special Presentations} -Overview of the Texas Highway Commission Award of Conditional Contract for Construction of North Tarrant Expressway Loop 8201183} - Texas Department of Transportation Representative On Thursday, January 29, 2009, the Texas Transportation Commission approved the conditional award of a contract for the expansion and construction of North Tarrant Express. The first phase of this construction is along North East Loop 820 from approximately I-35 and 820 going from that point east on Loop 820 over to 183 to Highway 121. This announcement is exciting news for North Richland Hills and the region as it does bring a project that has been on the drawing board for a number of years to a construction stage. There is still a lot of work to be done on this conditional contract and the time line is something we are not familiar with. We have invited Maribel Chavez, District Director of the Ft. Worth division of Texas Department of Transportation to attend the Council meeting and give an overview of this contract and project. We have requested that she attend in order to explain the project, its impact, and the timeline for the construction. Ms. Chavez has accepted our invitation to attend the meeting; however, she is on stand-by to go to Austin upon request to work with the proposed stimulus package being considered by the Federal government. In the event that she is called to Austin at a late minute and is unable to be here on Monday evening, she will ask another member of her staff to be here to make the presentation. We believe this will be very beneficial to have a TxDOT representative to present and explain this so that our citizens will have an opportunity to hear this first hand versus just in the media. Recommendation: No action is anticipated but simply to have an opportunity for a clearer understanding of the scope of the project and the timeline and impact. clry of NORTH RlCHLAND HILLS Department: City Secretary Council Meeting Date: 2-9-2~D9 Presented by: Agenda No. A.5 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. clrr of NORTH RlCHL~4ND H1LLS Department: City Secretary Presented by: Council Meeting Date: 2-9-209 Agenda No. A.6 Subject: Removal of Items} from Consent Agenda clry of NORTH RlCHLAND H1LLS Department: City Secretary Council Meeting Date: 2-9-2~~9 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL aF CaNSENT 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. clry of NaRTH R1CHL.4ND HILLS Department: City Secretary Council Meeting Date: 2-9-2009 Presented by: Agenda No. B.~ Subject: Approval of Minutes of November 20, 2008 City Council and Planning & Zoning Commission Joint Work Session Recommendation: To approve the minutes of the November 20, 2008 City Council and Planning & Zoning Commission Work Session. TRANSIT ORIENTED DEVELOPMENT (TOD} CODE 1NORKSHOP MINUTES OF THE JOINT MEETING OF THE PLANNING & ZONING COMMISSION AND CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 20, 2008 1. CALL TO ORDER The meeting was called to order by Mayor Oscar Trevino and Chairman Randy Shiflet at G:30 p. m. 2. ROLL CALL PLANNING & ZONING COMMISSION: PRESENT Chairman Randy Shiflet Vice Chairman Bill Schopper Steven Cooper Mike Benton Don Bowen Kelly Gent Ex-Officio Diana Madar ABSENT Mark Haynes CITY STAFF Dir. Qf Planning & Development John Pitstick Chief Planner Asst. Planner Asst. Dir. Public Works Public Works Mgmt. Asst. Civil Engineer Recording Secretary Eric Wilhite Chad VanSteenberg Greg Van Nieuwenhuize Brad Boganwright Caroline Waggoner Tanya Hope CITY COUNCIL: PRESENT Mayor Oscar Trevino Mayor Pro Tem Scott Turnage Ken Sapp Suzy Compton Dr. Tim Barth David Whitson Tim Welch ABSENT CITY STAFF Managing Director Assistant City Manager Economic Development Dir Public Information Officer Asst. To City Manager City Secretary 3. INTRODUCTION John Lewis Mike Curtis Karen Bostic Craig Hulse Mary Peters Elizabeth Reining Patricia Hudson Mike Curtis explained that the objective of the meeting tonight is for Staff and The Gateway Planning Group to update you on what the City has done so far in looking at the two future rail sites and developing a Transit Oriented Development Code. Mr. Curtis said that the City has defined a planning area for the two rail sites and have generally come up with a development plan within these areas. John Pitstick started the meeting by saying that The City of North Richland Hills has a professional services agreement with Gateway Planning Group to develop a mixed use Transit Oriented Development Code for the Iron Horse and Smithfield areas. During the past two months, Gateway Planning Group and City Staff have been proceeding with the development of a draft code and have had several meetings with property owners, businesses, churches and residents within approximately ~/~ mile of each proposed rail station site. The purpose of this work shop meeting is to bring the Planning & Zoning Commission and City Council up to date on the progress of planning efforts and to ask for a consensus on the Iron Horse and Smithfield boundaries, request a consensus on the general boundaries and description of character zones with each district and then give staff and our consultants direction on implementation of a Transit Oriented Development Code. The Gateway Planning Group team includes Scott Polikov, President, Jay Narayana, Project Manager, and Milosov Cekic, Architect. Gateway Planning Group was chosen to develop this code following formal mailed copies of a Request for Qualifications to fourteen firms and detailed interviews with three area firms. Gateway Planning has extensive experience in sustainable development codes throughout the state. Mr. Polikov serves as a member on the City of Fort Worth Downtown Design Review Board. Recent local projects completed by Gateway include downtown plans for Burleson, Roanoke and Duncanville. Tonight we will cover the history of the proposed redevelopment of the Iron Horse and Smithfield areas. We will provide input from stakeholder meetings. We will present findings from market demand studies completed by the Fort Worth Transportation Authority for the Iron Horse and Smithfield areas as part of the SW2NE Rail Corridor Study. Gateway Planning will talk about the interest and demand for transit oriented development and hopefully demystify what TaD is. We will be presenting maps that include proposed boundaries for the Iron Horse and Smithfield districts and will also present sub character zones that will provide further refinement of a future code. We then hope to ask for a general consensus on the proposed districts and zones for the Iron Horse and Smithfield areas. Gateway Planning Group will go over proposed elements of a transit oriented code and then we will ask for general direction regarding implementation of a TAD Code. 4. HISTORY AND BACKGROUND Mr. Pitstick displayed a general Transit Concept Map that was developed in 2003 during the Regional Rail Corridor Study that identified the Iron Horse and Smithfield sites on a regional rail system. The City of North Richland Hills has been interested in mass transit for several years and thought that some day we might have the ability and ridership demand for a potential commuter rail station. The City was surprised when regional planning efforts showed the need and demand for two rail stations. Following the recommendations of the Regional Rail Corridor Study the city hired consultants and developed the Loop 820 Corridor Study. The City Council knew that the widening of Loop 820 was coming and they wanted to be proactive and encourage the right types of development in this corridor. The Loop 820 Plan identified general districts along 820 and one of the districts was the Iron Horse district that identified potential mixed use development around the Iron Horse station site. Most recently the City of North Richland Hills participated in the 2007 SW to NE Rail Corridor Study by the Fort Worth Transportation Authority which continues to show the need and demand for two rail stations in NRH. As a result of regional not local decisions to widen Loop 820 and to utilize the Cotton Belt line for a commuter rail line the City of North Richland Hills updated the Comprehensive Land Use plan in November of 2007 and began plans to hire consultants to develop a development code for Iron Horse and Smithfield. Regional decisions have been made to widen Loop 820 and incorporate the Cotton Belt line as part of a regional rail network. The City is simply responding to larger regional decisions where millions of dollars will be spent on public infrastructure to provide improved transportation and access. The City of North Richland Hills has chosen to be proactive in encouraging mixed use pedestrian oriented development around future transit stations. This work shop is one of many steps in moving toward encouraging development with flexibility for existing businesses and property owners while creating some predictability for future development. 5. STAKEHOLDER INPUT aver the past three months Gateway Planning and City Staff have had four formal work shops and numerous one on one contact with property owners, businesses, churches and residents. Since the Iron Horse and Smithfield areas are different we decided to keep the work sessions separate. On September 29 and again on October ~4 we held evening work sessions where we mailed out 239 notices to property owners and businesses generally within ~/~ mile of the proposed Iron Horse station. 35 individuals participated in the Iron Horse work sessions. General indications were very positive and most businesses and land owners were supportive of efforts to move forward with development of a transit code. We do have several key property owners and employers including Hilltop Apartments, Sam's Club, Wal-Mart and Triad Financial that will certainly be affected by any new code and we will continue to have ongoing discussions from these key stakeholders and input from any interested property owners. The Smithfield work shops were held on September 3~ and October 15. The City mailed out 2~2 notices for both sessions and had 85 participants. General discussions were also favorable. Key stakeholders included in Smithfield discussions were Bates Container, Marvin Smith, Jim Makens, Smithfield Baptist Church, Smithfield Cemetery Association, Birdville Independent School District, Smithfield Masonic Lodge and Jamison Fence Company. There was a lot of discussion and most were optimistic. One of the primary concerns was fear that Smithfield Elementary School would be displaced as a result of the new development code. Staff met with BISD officials and were told that there are no plans at this time to close Smithfield Elementary and any proposed development code would not restrict the use of schools or other institutional uses. There was one property owner of a vacant land in the Smithfield area that expressed support of transit development if it would help in selling their property soon. It is their contention that their property would not develop until the rail station was up and running and they want to sell now and not wait. They have fears that any new regulations would prohibit them from selling their property soon. We also want to express to P&Z and City Council that several properties will be affected including churches and several businesses and staff will continue to receive input and have ongoing discussions with any interested property owners. Mayor Trevino asked if it were just a pipedream that there would be a commuter rail running up and down the corridor'? Mr. Pitstick answered that the commuter rail will happen. Mayor Trevino stated by 2~~3 there will be commuter rail. The long range plan is for the rail to run south of the TCU campus into Burleson heading out to Addison and Rowlett. It will be a whole Cottonbelt Line across the north end of the region. Mayor Trevino stated that there will be a commuter train running through North Richland Hills regardless if we have a station or not. Mr. Pitstick stated that Loop 82o will be widened as well. The decisions for the commuter train and the widening of Loop 824 are regional decisions that The City of North Richland Hills has had input on. Mr. Pitstick stated that he supports Planning & Zoning and City Council's direction to be proactive because if we did nothing we would tend to see a sea of parking. It's understood that we have to be flexible to the current businesses but we if we do nothing then what the other cities and communities throughout the region and nation have found is that they have a sea of parking lots, and park and ride locations but no one will stop and do anything within the community. Mr. Pitstick stated that The City of North Richland Hills will continue to have stakeholder input throughout the process and that the website will continue to be updated with any new information as it comes about. ~. MARKET DEMAND STUDY Mr. Pitstick stated that we have been fortunate enough to be an important part of the SW2NE Rail Corridor Study with 2 out of ~5 stations along this proposed commuter rail line that hopes to open in 2013. As part of efforts funded by The "T" we received rail station planning as well as specific market demand studies for both Iron Horse and Smithfield areas. EPS (Economic & Planning Systems) out of Denver, Colorado was hired as a subcontractor to URS to perform a market demand study for each proposed rail station site. EPS is a national firm that has pertormed other transit oriented development market demand studies for the Denver, Phoenix and San Francisco areas. We have a lot of existing retailers and employers in the Iron Horse area. Studies show continued potential for up to two million square feet of office and retail in the Iron Horse area as well as four hundred thousand square feet of retail entertainment; up to eighteen hundred residential dwelling units. Specific studies are available. The timeframe for the Southwest /Northeast studies is 2030. There is a significant demand in the Iron Horse area. We have to protect the employers that we have out there now and help transition and bring on new employers. Studies show in the Smithfield area that there is a demand for fifty thousand square feet of retail and entertainment; up to one thousand residential dwelling units. Mr. Pitstick envisions the Smithfield area to be similar to a downtown Grapevine or Cranbury area. 1. TaD INITIATIVE Scott Polikov introduced himself and gave some background on previous projects that he has been a part of. Scott Polikov discussed the TOD Initiative and displayed a power point presentation. Topics discussed for the TOD Initiative were taking advantage of the market demand, leveraging transportation investments, coordination of property owners, and preparing for but not relying on rail transit. Mr. Polikov displayed a graph on the advantages of TAD Development and discussed Conventional Development versus Transit Oriented Development. Mr. Polikov stated that transit means to him that it's a "walkable" transportation choice not necessarily with rail but it encourages alternative transportation including walking. Studies shows that most people in Texas will not walk more than one eighth of a mile. The option to walk to and from home or work to a rail station or park and ride is critical in the terms of design. Mayor Trevino had a general discussion on the one eighth mile walking distance. 8. PRaPCSED TGD AREAS AND CHARACTER ZONES CITY CGUNCIL & PLANNING AND ZONING CGNSENSUS Jay Narayana came forward to discuss the proposed T4D Areas and Character Zones. Ms. Narayana displayed maps showing the Illustrative Plan and Required Streets. The maps showed where the proposed rail stations would be placed and also the proposed Character Zones would be. For the Iron Horse Illustrative Plan Map, Ms. Narayana showed on the map where the proposed rail station platform would be placed, the recommendation for required streets, and also the Character Zones. The following characteristics were discussed for each character zone: Historic Core: ^ Preserve and reinforce existing historic fabric ^ Provide appropriate in-fill and architectural design standards ^ 1-2 story heights ^ Mix of commercial, upper story residential uses, and major public gathering places TOD Core: ^ Potential for new higher intensity, mixed use development ^ Maximum 4 stories; average 3 stories ^ Mix of commercial, civic, residential uses, and major public gathering places TAD Residential: ^ Provide redevelopment of key sites that provide transitions from the TAD core to adjoining neighborhoods ^ 1-2 story heights ^ Range of urban residential uses -brownstones, live-work, courtyard residential buildings General Mixed Use: ^ Potential for a wide variety of mixed use development -could include office uses, live-work, light industrial fabrication studios, mixed residential and retail / restaurant uses ^ Maximum 3 stories, generally 1-2 stories ^ Allow existing auto-oriented uses to transition to uses that support the transit station Arterial /Highway Mixed Use: a Generally 1-2 stories ^ Parking allowed along the arterial street ^ Limited to commercial uses retail and office) High Intensity Mixed Use: ^ High rise office and residential uses; some ground floor retail uses ^ Intended for large scale employment uses ^ ~ stories maximum; 4 stories average ^ Structured parking The character zones illustrated on the Illustrative Plan map for Iron Horse displayed the character zones of: TAD Residential, Highway Mixed Use, General Mixed Use, High Intensity Mixed Use, and TaD Core. For the Smithfield Illustrative Plan Map, Ms. Narayana showed on the map where the proposed rail station platform would be placed, the recommendation for required streets, and also the Character Zones. Ms. Narayana had a power point presentation with slides to define each character zone. Mike Curtis asked Council and Commission members to be looking at the maps while the zones were being described so that they could make a consensus on what is being recommended and feel comfortable with their decision. Mayor Trevino asked Mike Curtis how the cornerstones of the Smithfield area would incorporate into the plans? Ms Narayana answered that during the design phase that Gateway Planning identified the key factors that they would want to preserve. Mr. Polikov stated that Gateway was in total agreement with wanting to preserve the downtown Smithfield area. Chairman Shiflet asked about the use of Arterial /Highway Mixed Use? Ms Narayana answered that they decided that the Arterial and Highway Mixed Use is has a semantic difference however the character of the development would be similar. Councilman Sapp asked about the TQD Residential in the Smithfield area and stated that there needs to be a plan for egress. Councilman Whitson asked if high rise residential would work in North Richland Hills? Mr. Pitstick asked Council and Commission for a consensus on the boundaries and Character Zones for I ron Horse? Chairman Shiflet asked the Planning and Zoning Commission if they had any comments, questions or concerns in regards to Iron Horse? Commissioner Mike Benton asked how far into Iron Horse will the transition be for the rail would be? Commissioner Kelly Gent asked what the interchange would be like after the 82~ expansion and also the reasoning behind taking the industrial area north of Browning and west of I ron Horse out of the TUD plan? There was discussion befinreen Ms Narayana and Council and Commissioners regarding Councilman Benton and Gent's questions. It was discussed to change the TUD Residential to General Mixed Use south and west of Browning; and includes the General Mixed Use designation on the vacant industrial property north of the rail line. Chairman Shiflet asked about separating the arterial highway uses? Councilman Welch asked about working in an incentive for high intensity mixed use? Generally Council and Commissioners agree on the boundaries. Chairman Shiflet asked about the February 5, 2~D9 date? Mr. Pitstick stated that the draft code should be available on that date and that the Council and Commissioners would meet again that date. Council and Commissioners agreed on the Character Zones of Iron Horse as long as there is a differentiation of the Arterial for Smithfield and Freeway for Iron Horse. Mr. Polikov discussed Udell Street east of Davis. He explained that the north side of Udell is residential while the south side of Udell is industrial. M r. Polikov suggests that we encourage a light industrial environment on the south side of Udell with higher development standards so that the development that faces the street is more of the live- work type environment. Mr. Pitstick commented that the City of North Richland Hills wants to preserve the street along Smithfield to make it pedestrian oriented. The question was asked about what was guiding the boundary between the Historic Core and the TAD core? Mr. Pitstick answered Main Street, the rail station, and the cemetery. Mr. Polikov discussed Mid Cities Blvd and Davis Blvd being Arterial Mixed Use. Mr. Polikov stated it's a policy question but wondered if the City of North Richland Hills would want to encourage high density in that area with a potential for mid rise offices. VIlhile looking at the Illustrative Map for Smithfield, Dianna Madar asked about Parkview and Chapman and what the green space represented on the map. Mr. Pitstick stated that a gentleman came in and wants to develop that property as R-1-S. Commissioner Schopper stated he thought the Smithfield district should be west of Davis Blvd. and the Hometown district be east of Davis Blvd. Chairman Shiflet asked about the General Mixed Use on the east side of Davis Blvd and wanted clarification on the uses and if the same uses that are allowed today will be allowed plus more with the new Character Zones? Chairman Shiflet asked that if we agree on this General Mixed Use inclusion that it would not preclude that person from asking for an upgrade to the Arterial. Is this correct? Mr. Polikov asked what he meant by an upgrade? Chairman Shiflet said that he sees the Arterial as an area where you would have less residential and more commercial offices, restaurants and retail. Mr. Polikov said that we could put a mechanism in place for that There was general discussion in regard to the General Mixed Use and possibly even converting a portion of that to Arterial Mixed Use on the east side of Davis Blvd. Mr. Polikov discussed maintaining the integrity of the trail connection. Mr. Shiflet discussed that you cannot cross the trail on Davis Boulevard but that there will be a signalized intersection at the trail and perhaps to the north as far north as Edell Street. Mayor Trevino stated that we will find a way to get our customers from one end of the street to the other. Mr. Pitstick discussed the extension of Cardinal Lane from a pedestrian environment. Planning and Zoning Commissioners were all in agreement with the boundaries and character zones for the Smithfield district. Commissioners discussed changing a portion of the General M fixed Use along Davis Blvd to Arterial Mixed Use. Council Members were all in agreement with the boundaries and character zones for the Smithfield district. Councilwoman Compton stated however that she did not want to see a division on Davis Blvd. She did not want to see one side of Davis Blvd versus the other side. Ms. Compton wants to see both sides tie together to compliment each other. Ms. Compton stated that there are many residents on both sides of Davis Blvd that feed into both Smithfield Elementary and Middle Schools. Making the Smithfield district General Mixed Use will allow for some tie in. The Historic area of the Smithfield district is not a very big area when we talk about bringing in a lot of people to use the rail station and visit our community. Ms. Compton stated that we would have to have something on the east side that will compliment the west side and that the cosmetic aspect has to play a key factor. Ms. Compton stated that we cannot have a hodge-podge on one side and the othe r pristi ne. 9. TAD CEDE ELEMENTS Mr. Polikov discussed the TOD Code Elements. The following characteristics were discussed for each TOD Code Element: Land Use: ^ Use matrix to be created ^ Regulated by character zones ^ Consistency with land use requirements Building Disposition: ^ Placement and location of building on the lot relative to streets and adjoining properties ^ Set backs and building footprints ^ Specific to each character zone Building Configuration: ^ Height and bulk of buildings ^ Adjacency standards to existing residential uses and neighborhoods ^ Specific to each character zone Building Types: ^ Permitted by character zone ^ Building standards for each building type established Architectural Standards: ^ For commercial and residential buildings ^ Functional standards for doors, windows, facade elements ^ Architectural style standards for Historic Core only to ensure consistency within existing context Parking Standards: ^ Location of parking on the lot ^ Number of spaces ^ Specific to each character zone and by street frontage ^ Shared parking management Public Realm Standards: ^ Street types including cross sections and land use context ^ Standards for location and type of open spaces in each character zone 10. FINAL DIRECTION ON TOD CODE IMPLEMENTATION Mr. Polikov discussed that the proposed next steps for TAD Code Implementation would consist of: ^ Continued coordination with stakeholders ^ Coordination befinreen staff and consultants ^ Draft code workshop on February 5, 2~D9 ^ Formal implementation process March /April 2D~9 ADJOURNMENT There being no other business, the meeting adjourned at 9:3~p.m. PLANNING AND ZONING COMMISSION By:, ATTEST: Randy Shiflet, Chairman Don Bowen, Secretary CITY COUNCIL ATTEST: By: Oscar Trevino, Mayor Patricia Hutson, City Secretary clry o1= NORTH R1CHL~lND H1LLS Department: City Secretary Council Meeting Date: 2-9-2DD9 Presented by: Agenda No. B.2 Subject: Approval of Minutes of January 26, 2DD9 City Council Meeting Recommendation: To approve the minutes of the January 2G, 2DD9 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 1301 NORTHEAST LOOP 820 -JANUARY 2G, 2009 1NORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 26th day of January, 2009 at 6:00 p. m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: ascar Trevino Mayor Scott Turnage Mayor Pro Tem, Council Place 6 Ken Sapp Council, Place 2 Suzy Compton Council Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information officer Elizabeth Reining Assistant to Gity Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Greg VanNeiuwenhuize Public Works Assistant Director Craig Hulse Economic Development Director Andrew Jones Fire Chief Jamie Brockway Purchasing Manager Absent: John Lewis Council, Place ~ Call to C7rder Mayor Trevino called the work session to order at 6:00 p. m. A.1 Discuss Items from Regular City Council Meeting None. A.2 I R 2009-003 Discuss 2x09 Federal Legislative Program Karen Bostic, Assistant City Manager, presented a PowerPoint presentation highlighting the City's 2009 Federal Legislative positions. Council was advised that one of the items included in the agenda packet, "American Recovery and Reinvestment Plan, had been modified and updated. Council was provided with the updated information. Council was advised that as in previous years four guiding principles were used to determine positions on city-related issues expected to come forward during this legislative session. Ms. Bostic briefly highlighted the four guiding principles -local control; predictable and sufficient level of revenue to provide for our citizens; opposition to unfunded mandates; and quality of life. Council was advised that the legislative priorities were also very similar to previous years. The Internet Sales Tax priority from past years has been removed and the economic stimulus package has been added. Each of the priorities and the City's positions was briefly highlighted and discussed -American Recovery and Reinvestment Plan, Transportation, Telecommunications and Information Technology, Gommunity Development Block Grant, Public Safety & Homeland Security, Public Safety Collective Bargaining and Immigration Reform. Council concurred with the 2009 legislative program. A.3 IR 2009-004 Briefina on American Recovery and Reinvestment Plan Elizabeth Reining, Assistant to the City Manager briefed Council on the American Recovery and Reinvestment Plan. As discussed at the December ~2, 2008 City Council Work Session, the City of North Richland Hills is working with the US Conference of Mayors, the National League of Cities and the National Association of Counties to submit possible projects under the American Recovery and Reinvestment Plan currently before both chambers of the US Congress. At the time of the last discussion, the City had submitted $70,000,000 worth of projects to the US Conference of Mayors to be included in its Main Street Economic Recovery Plan. These projects ranged from street projects to housing rehabilitation to community policing programs. Since that time, the City has included additional projects with our total submission being $080,000,000 including the expansion of Loop 820 from I H 35W to Hwy ~ 2~ }. The American Recovery and Reinvestment Plan ~ARRP} differs from the proposed Main Street Economic Recovery Plan supported by the US Conference of Mayors in two distinct areas. More funding is given to states under the ARRP and different vehicles are used to provide that funding. The Main Street Economic Recovery Plan categorized projects into ten program areas: • Community Development Block Grants • Energy Block Grants for Infrastructure and Green Jobs • Transit Equipment and Infrastructure • City StreetslMetro Roads Infrastructure • Airport Technology and Infrastructure • Amtrak Infrastructure • Water and Wastewater I nfrastructure • School Modernization • Public Housing Modernization • Public Safety Jobs and Technology The American Recovery and Reinvestment Plan has Five National Forums and several sub categories in each Forum. The Five National Forums are: • Environment and Energy • Infrastructure • Poverty • Crime • Arts and Tourism All ten of the Main Street program areas fit into the five ARRP forums. However, the subcategories of the forums are more specific. Some of the projects the City submitted under the Main Street Plan might not fit the criteria in the new Plan but there is opportunity to look at other program areas that staff did not consider before. Though the Plan details have changed, the American Recovery and Reinvestment Plan still expects to create between 3 and 4 million jobs, provide tax cuts, jumpstart the U.S. economy and prepare the nation for the 2~St century. The new price tag of the Plan is $825 billion. There were no questions from Council. A.4 I R 2U09-~~5 Social Transportation for Seniors Vickie Loftice, Managing Director presented the item. Parks and Recreation has been working in cooperation with several organizations, including the Community Enrichment Center, United Way Northeast and the Isolated Seniors Resource Group, to establish a not for-profit volunteer driver transportation program for seniors. The program, Sacial Transportation for Seniors, STS, is intended to reconnect seniors to the community by providing transportation for leisure and social activities. The program is unique, in that it will provide non-emergency trips with the purpose of reengaging isolated seniors back into the community. While NETS and Mid Cities Care Corps also provide transportation for seniors, medical care trips are their primary focus. To help combat social isolation, STS will transport North Richland Hills residents, ages 62 and older, to locations within a 7-mile radius of the intersection of Mid-Cities Blvd and Davis Blvd. Qualified participants will be furnished rides for shopping, financial services, personal grooming and social activities from 8:~0 a.m. - 4:0~ p.m., Monday through Friday. STS is governed by a Board of Directors and is currently raising funds for the program which has an anticipated start date of late spring or early summer. While the City is not being asked to fund the project, it is requested that the program be housed out of the Dan Echols Senior Center. The City will provide a desk, computer and phone line for the 20 hour per week employee hired by STS. All of the Council members were in favor of the program and the use of Dan Echols Senior Center. B.0 EXECUTIVE SESSIaN -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 - Western Sector of City. Mayor Trevino announced at 6:43 p. m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072 to deliberate the purchase, exchange or value of real property for municipal use -Western Sector of City. C.0 Adjournment Mayor Trevino announced at G:55 p. m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order January 26, 2009 at 7:00 p. m. ROLL CALL Present: Oscar Trevino Scott Turnage Ken Sapp Suzy Compton Tim Barth David Whitson Tim Welch Mayor Mayor Pro Tem, Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 Council Place 6 Staff: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney Absent: John Lewis Council, Place ~ A.'1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATIONS} AND RECOGNITIONS} PROCLAMATION FCR BURN AWARENESS WEEK Councilman Sapp presented the Burn Awareness Week Proclamation in Support of Shriners Hospital to Clair Billington, member of Flying FEZ -Fort Worth; a support organization of the Shriners. A.4 CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEMS} FROM THE CONSENT AGENDA None. B.0 APPROVAL CF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JANUARY '12, 2009 CITY COUNCIL MEETING MAYl7R PRO TEIVI TURNAGE IIrKaVED TO RRPROVE THE CCINSENT AGENDR. COU'NGILWOMAN COIUPTON aEGt~NQEa THE I'~IOTI~N. Ma!TON TO1~PP-ROVE CARRIED fi-~, PUBLIG HEARINGS C.1 GN 2009-005 PUBLIC HEARING ON AND ENACTMENT OF JUVENILE CURFEW ORDINANCE -ORDINANCE NQ. 3038 APPRQVED Mayor Trevino opened the public hearing. Jimmy Perdue, Assistant City Manager, presented the item. an July 11, 1994 the North Richland Hills City Council unanimously passed Ordinance No. 1994 adopting a curfew for juveniles. 4n January 9, 2a0G, Qrdinance No. 2583 was approved extending this legislation for three years. Section 37Q.002 of the Local Government Code adopted by the 74th Legislature requires that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality shall ~1} review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; ~2} conduct public hearings on the need to continue the ordinance or order; and (3} abolish, continue, or modify the ordinance or order. The North Richland Hills Police Department has found that with the adoption of the juvenile curfew ordinance it has had a positive effect on the safety of our youth and has reduced the probability that unsupervised juveniles will become involved in crimes during late night and early morning hours. The North Richland Hills Police Department is recommending adoption of Qrdinance No. 3038 defining the curfew hours as 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until G:DD a.m. of the following day and 12:01 a. m. until G:00 a. m. on any Saturday o r Sunday. Mayor Trevino called for anyone wishing to speak in favor or in opposition to come forward . There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILIVI~tN SAPP MOVED TO AP-PROVE ORDINANCE NO. 3438. COUNCI'LNtAN WHIT~C?N SECQNDED THE: MOTfON. MOTION TO ARRROV'E CARRIED f~-0. PLANNING & DEVEL4PIVIENT No items for this category. PUBLIC WORKS E. "I PW 2009-002 APPRaVE ACITY-DEVELOPER AGREEMENT VI11TH 6840 DAVIS, LTD. FGR FUTURE INTERSECTIZ7N IMPROVEMENTS T~7 DAVIS BOULEVARD AT NORTHEAST PARKWAY APPROVED Mr. Greg VanNieuwenhuize, Public Works Assistant Director presented the item. The City-Developer Agreement with the developer t684D Davis, Ltd.} of the Culp Addition Block 2: Lots 3R2 & 6 - ~2} deals with the collection of the developer's proportionate share of the future construction costs of a traffic signal at the intersection of Davis Boulevard and Northeast Parkway. Presently, the developer is seeking approval of a Site Plan for only Lot 6 of Block 2. As part of the City's development process, the Public Works Department conducted a Rough Proportionality Determination ~RPD} to determine if additional public infrastructure would be necessary as a consequence of the proposed development. Upon receiving the Conceptual Site Plan and the Traffic Impact Analysis ~TIA}, the Public Works Department provided the developer with the RPD for the entire eight ~8} lot commercial subdivision. The TIA indicates that anticipated build-out traffic volumes will require the construction of a future traffic signal at the intersection of Davis Boulevard and Northeast Parkway. The traffic signal is not needed at this time; however, several signal warrants are anticipated to be met once the entire development is constructed. The developer's responsibility per the build-out traffic volumes for the costs to design and construct the future traffic signal equates into $52,500.00. Because the developer is requesting Site Plan approval for only one of the three (3} lots with direct access onto Northeast Parkway, staff believes that a reasonable option would be to accept the developer's share of the traffic signal improvements in two ~2} equal installments of $26,250.00. The first payment is proposed to be due at the time the first building permit is sought far one of the three (3} lots with direct access onto Northeast Parkway. The remaining payment would be due when a second lot is proposed for development, or by January ~, 200 -whichever comes first. The traffic signal will be constructed as a Capital Improvement Project in the future. CQUNC[LMP1N WELCH IVIC?1lED TC? APPRQVE PW 2009-00'2. CQUNGILMAN' BARTH SEGQNDEQ THE MQTLQN, Mo71Qhl TO A-PPRQVE CA~RRtED 6-~, E. 2 PW 2009-003 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $90,735 TO BIRKHOFF, HENDRICKS & CONWAY, L.L.P. FOR THE ODELL STREET DRAINAGE IMPROVEMENTS PROJECT {DAMS TO SMITHFIELD APPROVED Mr. Greg VanNieuwenhuize, Public Works Assistant Director, presented the item. Item is to consider the award of a professional services agreement for the Odell Street drainage improvements project. The City requested Requests for Statements of Qualifications in accordance with city policy and proposals were received from 32 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional services agreement to Birkhoff, Hendricks & Conway, L.L.P. in an amount of $9D,735. CaUNCtLMAN Vt~fHITSC~N MQVEQ TQ APPRQVE P1N 2009'-00'3. CE~UNCILW-OMAN CQMPTQN SEGt~N'aEa THE MQT1C?N, MC~TIC~N TQ APPRQVE CARRIED 6-0. E.3 PW 2009-004 AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $'IS4,000 TO BAIRD HAMPTON & BROWN,'INC. FOR THE BRIARWOOD ESTATES DRAINAGE IMPROVEMENTS PROJECT APPROVED Mr. Greg VanNieuwenhuize, Public Works Assistant Director, presented the item. Item is to consider the award of a professional services contract for the Briarwood Estates drainage improvements project. The City requested Requests for Statements of Qualifications in accordance with city policy and proposals were received from 25 firms. The City's selections committee reviewed and evaluated the proposals and is recommending award of the professional services agreement to Baird Hampton & Brown in an amount of $~G4,000. CfiUNCILMAN WELCH MOVED TQ APPRG~VE PW 2009-004. CvuNCILMaN SAPP ~EGDNaEQ THE M4Tl~N. MOTI©N TO- AP"PRCiVE CARRIEa ~-Q. GENERAL ITEMS F.'I PU 2009-00'I APPROVE CONTRACT FOR EMERGENCY MEDICAL DIRECTOR TO DR. ROY YAMADA APPROVED Mr. Andy Jones, Fire Chief, presented the item. Item is to consider the award of a contract for Emergency Medical Director. The City requested Requests for Qualifications in accordance with city policy and applications were received from 2 applicants. The City's selections committee reviewed and evaluated the applications and is recommending award of the contract to Dr. Roy Yamada. The term of the contract shall be for a period of two (2} years beginning February ~, 2aD9 and ending in January 3~, 20~ ~ with the option to extend the agreement for an additional two ~2} years. The cost for the current contract is $25,750 per year. Compensation for Emergency Medical Director services under the new contract shall be $34,OD0 a year, paid in four (4} equal payments of $7,5QD. MAYOR PRA TEM TURNAGE MQVED TQ ARPRC~VE THE G~NTRAGT FAR EMERGENiGY MEDICAL DIRECTOR Tf3 DR. RDY YAMADA. CvUNC1LMAN EARTH SECQNDED THE MC1TtC1N.. MOTION TO APPROVE CARRIED 6-4,. EXECUTIVE SESSION ITEMS G.'I ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. INFORMATION ANQ REPORTS H.'I TARRANT REGIONAL TRANSPORTATION COALITION VIDEO A short video prepared by the Tarrant Regional Transportation Coalition ~TRTC} to inform the public about the "Cannes-gestion Film Festival was shown. H.2 ANNOUNCEMENTS Councilman Welch made the following announcements. Iron Horse Golf Course is holding an Gpen House from 5 to 9 p.m. on Friday, January 30th. Bring the family by to sample the new menu and see the new model train in the C.A. Sanford Clubhouse. Iron Horse Golf Course is located at 620 Skylark Circle. For more details, please call 817-485-6666. The North Richland Hills Fire Department encourages you to learn CPR. Upcoming CPR classes are scheduled for February 6th and March 6th. The cost to participate is only $25. The classes are American Heart Association approved and participants receive a certification card. To sign up or get more information, please call 817-427- 6900. The Parks & Recreation Department is hosting its annual Daddy-Daughter Valentine Dance on Saturday, February 7th. This special evening will include music, refreshments, photographs, limo rides and more. The cost is only $8 per person. Tickets are on sale at the NRH Recreation Center. For more details, please call 817-427-66~D. Kudos Korner -Robert Raley and Brian Thomas, Public Works Utility Division. An e- mail was received from a resident thanking Robert and Brian for their immediate response in replacing a meter box lid. The resident said their follow up procedures for explaining the actions taken to resolve his concerns was most impressive. H.3 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:39 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary cirr of NORTH RICHL~4ND HILLS Department: Planning and Development Council Meeting Date: 2-9-2009 Presented by: Eric Wilhite Agenda No. B.3 Subject: FP 2008-09 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of 32 Lots in the Woodland Estates South Addition (located in the 9200 Block of Martin Drive.} Case Summary: JB & JB Development, FLP John Barfield} is proposing to plat and subdivide a 9.016 acre tract of land located along Martin Drive into a 32 lot single family residential subdivision. Mr. Barfield is indicating on the plat that the majority of new lots will approximately 80 feet x 1 ~ 5 feet which would create 9,20D square foot lots. These lots are larger than the minimum lot size of 9,000 square feet which is required for this zoning. As shown on the attached Plat Exhibit three new residential streets will be added forming a horseshoe configuration. The plat also indicates that a portion of this property is located inside the FEMA designated ~ 00 year flood plain. The developer has completed the necessary flood studies to show that this subdivision can be removed from the 100 year flood plain and is currently going through the process to reclaim the land. Mr. Barfield is aware that lots located within the flood plain will not be released for a building permit until the process is complete and the land is removed from the flood plain. Building permits would be allowed for all lot located outside of the flood plain. Current Zoning: R-2 Single Family Residential} Thoroughfare Plan: The development will have access onto Martin Drive, a 2-lane, undivided, collector street ~C2U} with 60 feet of ROW. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lots proposed by this plat are consistent with this plan. Staff ReviewlRough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the public improvements indicated on the construction plans that the developer will be responsible for 100% of the amount required for the public improvements. Planning & Zoning Commission Recommendation: Approval by a 4-0 vote. Staff Recommendation: Approval of final plat request FP 2D08-09. Review Schedule: Application : 9112/D8 Final Hearing: 219109 Staff Review: 5 weeks Applicant Revision Time: 9 weeks Scheduling Time: 7 weeks Total Review Time: 2~ weeks LOCATION MAP AERIAL FINAL PLAT EXHIBIT Woodland Estates South EXCERPT FROM THE MINUTES aF THE JANUARY '15, 2009 PLANNING AND ZaNING CCMMISSIGN MEETING FP 2008-a9 Consideration of a Request from JB & JB Development, FLP to Approve a Final Plat of 32 Lots in the VlJoodland Estates South Addition located in the 9200 Block of Martin Drive.} Mark Long, 1515 Precinct Line, Hurst, TX, engineer for the applicant, came forward requesting a final plat for the development of the property. He stated that they actually bought this tract of land to solve the drainage problems for his office lots facing Precinct Line Road. He stated the biggest problem with getting the final plat has been the Home Depot CLOMR/CONK to the south across Martin but all the hurdles have been addressed now and they can hopefully proceed. Don Bowen asked about the "to be abandoned boxes" listed on the final plat. Mark Long answered he was not sure what they mean but it will be addressed before this case goes to City Council. Eric Wilhite stated that this plat meets the R-2 zoning and are typically 89x125 ft lot dimensions and there are 32 lots altogether. The comprehensive plan depicts low density residential. The office park that Mr. Long mentioned would have came with this case but it had a few more issues with the CLOMR/CONK and Home Depot. They would have run concurrently, but this tract was ready so it was brought for consideration at this time. Staff has reviewed the final plat and it meets all the subdivision rules and regulations and recommends approval. APPROVED Mike Benton, seconded by Don Bowen, motioned to approve FP 2008-09. The motion was carried unanimously ~~-0). clry of NORTH RICHLAND H1LLS Department: Finance Presented by: VLofitce/LKoonce Council Meeting Date: 2-9-2009 Agenda No. B.4 Subject: PU 2009-003 Renew Annual Contract with VMC Landscaping Service for the Parks Mowing Services The City contracts mowing services for the general parks mowing of City parks and municipal facilities. The current contract with VMC Landscaping Services was executed on October 8, 2007. The contract can be renewed for five ~5} consecutive one ~1 } year periods. Renewal of the contract is based on an evaluation of the contractor's performance and the anticipated contract amount considerations. According to the terms of the contract, VMC Landscape Services is required to submit a renewal request allowing for a price increase in accordance with the Consumer Price Index of the previous twelve X12} month period. Based on the Consumer Price Index, VMC has notified Purchasing in writing that their prices will remain unchanged until January 31, 2010. VMC Landscape Service has performed extremely well since the General Parks Mowing began in May 2005. Responses to requests and concerns have been handled in a timely, professional and efficient manner. The total mowing contract amount for FY2007/08 was $304,302. The actual expenditures in FY2007/0$ were $281,885. Although the total mowing contract amount is based on a maximum number of mowing cycles, the number of cycles per mowing season is contingent upon weather and the amount of rainfall and growing conditions each year. Funding for contract mowing services is allocated in both the General Fund and the Park and Recreation Facilities Development Fund. The total approved budget for FY2008/09 is $319,580. The contract renewal price remains unchanged at $304,352, which is well under the total budget amount. It is the recommendation of Parks and Recreation Department and the Purchasing Division that the contract be renewed. Recommendation: Approve renewal of the Annual Contract with VMG Landscaping Service for the Parks Mowing Services. Rx a~telTSm~ JflN-c7-c0[I~tTUE) t4.~~ '~T~3~11dG9? µ l~tl~ ~1/~7e'2~{l~9 67;15 973314497 ~iwtC,.L.~N~S;~Al~ (='A ~2i~32 Jan. 26, 2t1Q~3 ~~rr~ ~~cxrsa 233 M~4tI Read D;~Ias. T~ 75.229 Ke: RA'T' no. t17-1401 Arrn~tat ~oi<aua~t fcrr G~:~c~~l. P~+xk~ Tv~iEa~ict~ ~exrvi~:r T:)er~x~ ~T. ~i eTt1.-~k: ~~f~r~lnc~d. cutaa~ct wits `fr~r ~velve (12) ~tt+nths wxtlt titp tia ~R,w~+~ C~~ c~pti~ t~ r"e''~ew ~'c~r »~clit;ansl rv+r~:~~°~ ~ t ~ ~nnrtths ~~ch.. "f~~ iarigin~l ~~r"wtxa~t s fac the ~e~.v~l a.f tit 9~+ 2t}Q7 thr~xx~1a t7~t. ~, Zg48. '~ ~~"~'~ tiv~ e~~tes ~vr th~~ fyrst nr~.ew~t a~iaora wild n~a £rcrrn T''~b 1, ZQ419~ tttrpu.~~a.T>rxi. 3I, 2t1tt~. 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'4'NtC LuNtat:sca~a rrievs r.R~y {'',~'t if'2RE~~tN~~ Eia;artht ~i~tRr>~t,;i9l~i~s, ia:;.~~ rlj) tia,~a`~ r w~ k Alt~i',j1rr;~-~i l r}a ~Ey F3:1? '< (~l r j ~~~°? -~ 15ra E .,f . 1f~ R~i`)"... ~ ~.'I s clry o>= NORTH R-CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2~~9 Agenda No. C.~ Subject: PUBLIC HEARINGS clry of N~Rrhl RICHLAND H1LLS Department: Planning and Development Council Meeting Date: 2-9-2~~9 Presented by: Eric Wilhite Agenda No. C.~ Subject: ZC 2~~$-14 Public Hearing and Consideration of a Request from Icon Consulting Engineers to amend Planned Development Number 3G for a Jack in the Box Restaurant on Lot 7R, Block t, Wal-Mart Addition located at 84tG Davis Boulevard.} - ~rdinance No. 3D41 Case Summary: The applicant, David Gregory of IG~N Consultants representing Jack in the Box, is requesting a revision to the approved Wal-Mart Planned Development BPD} site plan for development of a Jack in the Box restaurant with a drive-thru. Typically a commercial site plan request such as this would only require Development Review Committee (DRC} review and staff approval. However in this instance one of the conditions of the original Planned Development (PD} for the Wal- Mart Super Center was that the development of the remaining undeveloped lots would require City Council approval of the site plan and an amendment to the PD. The proposed development is located on Lot 7R of the Wal-Mart Addition, which is located on the far northwest portion of the commerciallretail development along Davis Blvd. The site has direct drive access to Davis Boulevard through an established driveway entrance and mutual access easement that runs south and along the rear of the commerciallretail strip center that Mi Pueblo's restaurant, and various retail stores are currently located. The proposed architectural style of the facility is of a newer generation. This style is unlike previous types for a Jack in the Box and is more of a "Starbucks" type architectural style. The developer is proposing to use brick and masonry accents in earth-tone colors. The restaurant will also include an outdoor patio eating area. The site development and building elevations are illustrated on the attached site plan. Plat Status: This lot is part of a larger retaillcommercial plated development which includes the Wal-Mart Super Center and other commercial developed lots. Existing Site Canditians: This particular lot is vacant but is adjacent to the back side of a developed commerciallretail strip center and adjacent to the parking area for the automotive service center for Wal-Mart. Camprehensive Plan: The Comprehensive Plan depicts retail land uses for this area. Tharaughfare Plan: The site frontage is on Davis Blvd. a 6-lane, undivided principal arterial with t 30' of RaW and the site has cross access to adjacent lots. Surrounding Zoning 1 Land Use: North & East: PD/CS l Community services-Wal-Mart Super Center South: PD/CS /Community services-Retail Center West: Davis Blvd. RAW and C-~ Commercial Planning & Zoning Commission Recommendation: Approval by a 4-D vote. Staff Recommendation: Approval of Ordinance No. 3041, ZC 20D8-~4 request for zoning change. Review Schedule: Application: 1'1/17/08 Final Hearing: 219109 Staff Review: 2 weeks Applicant Revision Time: 1 week Scheduling Time: 9 weeks Total Review Time: 12 weeks LOCATION MAP AERIAL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH R IGH LAN D HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2~~8-~ 4 Applicant: Location: Icon Consulting Engineers 84th Davis Boulevard, 0.9t6 Acres You are recei~-ing this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Icon Consulting Engineers to amend Planned Development Number 36 for a Jack in the Box Restaurant on Lot 7R, Block t, Wal-Mart Addition located at 84th Davis Boulevard.) Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JANUARY '15, 2009 If recommended for appra~al by the Planning and Zoning Commission, this zoning request will be heard by: CITY COUNCIL, MONDAY, FEBRUARY 9, 2009 Both Meetings Time: 7:00 P. M. Both Meetings Location: CITY COUNCIL CHAMBERS 730t 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 730t Northeast Loop 820 North Richland Hills, Texas 76t 80 Phone (8t 7) 427-6300 Fax (8t 7) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Gulorl Gre99 III Richland Hills. t_~C Wal-'Mart Beal Estate Bus Trust 3839 C}ak Lawn Av,e Ste 1418 7995 LEA Frvyr Ste 25~ ~, Re Prverry Tax M5 0555 Dallas Tx 75219-4515 Gallas 7x 75251 W12~9 Phi B°x $~~~ Ftentanvllle Ar 7271R~ Inland V'~le~tern N' Richland H d ia(:~ E3ox 9273 Qak $rc~ok Il ~Ct522-9273 Surnrnit tuornmunity Barak Na PO I~ax 2665 Fort.. t/Varth Tx 7G113-2665 Sterling Properties JV 2(112 E Randoi Mill Rd Ste 2't 1 Arlingtc~rr Tx 78011`•8222 Pattc~rsan I....end. lnv~stment Ltd Y & ~ enterprises I_LC 10f1 In~ieppr~r~encr~ PI Ste 2C1~# 119U Less Meadaw Gt Tyr Tx 75703-1327 Careat Falls Va 22p~i-1858 ORDINANCE NG. 3041 ZONING CASE ZC 2008-14 AN GRDINANCE AMENDING THE CGMPREHENSIVE PLAN AND THE CGMPREHENSIVE ZGNING GRDINANCE GF THE CITY GF NGRTH RICHLAND HILLS; AMENDING THE PLANNED DEVELGPMENT 38 FGR A JACK IN THE BGX RESTAURANT IN THE CITY GF NGRTH RICHLAND HILLS, TEXAS; ESTABLISHING A PENALTY; PRGVIDING FGR 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; NGW, THEREFGRE, BE IT GRDAINED BY THE CITY CGUNCIL GF THE CITY GF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by amending the Planned Development 36 for a Jack in the Box Restaurant located at Lot 7R, Block 1, Wal-Mart Addition in the City of North Richland Hills by adopting the site plan styled SITE PLAN Lot 7R, Block 1, SP-1 prepared by ICON Engineering Consultants, Inc. which is attached hereto and made a part hereof by reference. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00}. Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 9th day of February, Zoo9. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Gity Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director SITE PLAN ELEVATIONS ELEVATIONS (CONT.) LANDSCAPE PLAN EXCERPT FRGM THE MINUTES CF THE JANUARY 15, 2009 PLANNING AND ZaNING CaMMISSICN MEETING ZC 2D08- ~ 4 Public Hearing and Consideration of a Request from Icon Consulting Engineers to amend Planned Development Number 3fi for a Jack in the Box Restaurant on Lot 7R, Block ~, Wal-Mart Addition ~Iocated at 846 Davis Boulevard.} Chairman Shiflet opened the Public Hearing at 7:D2 p. m. Patrick Powers, ~ 2D3 Vineland Ct. Allen, T?C came forward as the real estate manager for Jack in the Box. He said they would like to build a new Jack in the Box restaurant on the last remaining lot of the Wal-Mart Addition. He said the new prototype would have a fire place, glass wall to see through to the kitchen at the drive through, menu upgrading, new signage and logo. All the changes are more relevant to today's architecture and design. Eric Wilhite came forward stating this is a PD which is a revision to the original PD. When the Wal-Mart Supercenter went in, or the entire development of the Wal-Mart Addition which this tract is a part of, one of the PD requirements was that anytime one of the parcels got developed they would have to come back to P&Z and City Council for site plan approval. Currently there is an access point off of Davis Blvd and mutual access where the Mi Pueblos is located. The site will have circulation around the building onto Davis Blvd. The parking requirements exceed the total number of spaces required by ordinance. The dumpster is in a good location for Duncan to access and the landscaping is above the required 5% because of the configuration of the lot. Don Bowen asked if the exit was far enough north of the intersection where traffic can turn left without any problems? Eric Wilhite answered the entrance to the south of this lot is "right in -right out" based on the original traffic impact assessment that was done. There was much discussion about the safety and accessibility of the entrance for left turns and resolved that it was a sufficient space for turning. Chairman Shiflet asked if there was anyone asking to speak for or against the case, being none he closed the Public Hearing at 7:D8 and entertained a motion. APPROVED Bill Schopper, seconded by Don Bowen motioned to approve ZC 2008-14. The motion was carried unanimously ~4-0~. clry of NORTH R-ChILAND NlLLS Department: Planning and Development Council Meeting Date: 2-9-2009 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2~0$-08 Public Hearing and Consideration of a Request from B.H. & L. Joint Venture to rezone a 5.347 acre parcel known as Lot 40, Block ~5, Forest Glenn East Addition, Phase ~ from C-~ Commercial to ~-~ office located in the 8600 Block of North Tarrant Parkway.} - ordinance No. 3g4~ Case Summary: The applicant, B.H. & L. Joint Venture (John Bartield}, is requesting to rezone 5.347 acre lot from C-~ commercial into O-~ Office. The property is currently vacant, and a replat case RP 208-~2} of the tract is running concurrently with the zoning change request. In review of this rezoning request it was determined by the Development Review Committee that based on the property configuration and location (being tucked in behind a larger strip center} that the proposed change to office is an appropriate use. Based on these conditions the request was supported by staff. As mentioned above the replat for this property will be covered in the next agenda item. The replat shows that the primary access for the future proposed office park development will be onto North Tarrant Parkway. Plat Status: A replat request is running concurrently with this request and will create fourteen lots for ~-~ Office zoned development. Comprehensive Plan: The Comprehensive Plan depicts Retail uses for this area. Existing Site Conditions: The site is currently vacant and undeveloped. Thoroughfare Plan: The site frontage is on North Tarrant Parkway. Surrounding Zoning I Land Use: North: R-2 !single-family residences across North Tarrant Pkwy. ROW East: C-~ /retail center South: C-1 /vacant West: R-2 !single-family residences Planning & Zoning Commission Recommendation: Approval by a 4-0 vote. Staff Recommendation: Approval of Qrdinance No. 3040, ZC 2008-08 request for zoning change. Review Schedule: Application: 612108 Final Hearing: 219109 Staff Review: 3 weeks Applicant Revision Time: 25 weeks Scheduling Time: 8 weeks Total Review Time: 36 weeks LOCATION MAP AERIAL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY~F NORTH RIGHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2~~8-a8 Zoning Change: C-~ Commercial to O-~ office Applicant: B.H. & L. Joint Venture Location: 8600 Block of North Tarrant Parkway, 5.347 acres You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from B.H. & L Joint Venture to rezone a 5.347 acre parcel known as Lot 40, Block ~ 5, Forest Glenn East Addition from C-1 Commercial to C7-1 office (located in the 8600 Block of North Tarrant Parkway.} Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 'I 5, 2009 If recommended far approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council an: CITY COUNCIL, MONDAY, FEBRUARY 9, 2009 Both Meetings Time: 7:00 P. M. Both Meetings Location: CITY COUNCIL CHAMBERS 730'1 N. E. LOOP 820 NORTH RIGHLAND 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 ~F NaTIFIED PROPERTY OWNERS Jaw Homes Inc James E Etux Zona M Peterson Charles M Etux Wanda Lee Main ~ John Wallace 8624 Gienmont Dr 861 Glenbrc~ok Dr 82©& Thornhill Dr NRH Tx 78180-14fig NRH Tx 76'IBO-1476 NRH Tx 7618Q-16x7 Reese Etux June Carrington Joy D Etvir Douglas tCus+al Viet Minh Etux Kimloan T N Da 8616 ~lenbrook Dr 8613 Foxwood Dr 8368 Valley Oaks Dr NRH Tx 7fi184-175 Fort Worth Tx 761$a-'1474 NRH Tx 76180-1483 Waiter J 2raleski Thalia Forte Jessaca Etvir Robert Jr $ibr 8364 Valley Oaks Dr 8340 Valley asks Dr S35$ Valley Oaks Dr NRH Tx 76180-1483 NRH Tx 78180-1483 NRH Tx 78180-1463 Keith Etux Candace Gerhardt Gary Etux Kriste Frederick Steven Etux Melody Garrison 8352 Valley Oaks Dr 8348 Valley Oaks Dr 8344 Valley Oaks Dr NRH Tx 76180-1483 NRH Tx 7$18Q-1483 NRH Tx 761$0-1483 Harrison Etux Heather Ford Lance Etux Melocli Tripp John Andrew V11aIlaCe 8340 Valley oaks Cdr 8336 Valley Oaks Dr 8248 Thornhill Dr NRH 1`x 7618U-1483 NRH Tx 7518Q-1483 NRH Tx 76180-1657 Jahn W Etux Joan M Lovell Wells Fargo Bank Na Michael R E#ux Lynne Hipp 8328 Valley C?aks Dr 6591 Irvine Center Dr 8812 Amhurst Ct NRH Tx 76180-14$3 Irvine Ca 92618-2118 NRH Tx 76180-1408 Curtis & Margaret McJunkin G H Jr Etux Carolyn B Cain Russell Etux Carolyn McLeod $616 Amhurst Ct 862Q Amhurst Ct 8624 Arnhurst Ct NRH Tx 76180-14fl8 Fort Worth Tx 7fi180-'1408 Fort Worth Tx 76180-1408 Charles M Etux Debra Barnett Montessori Vision LLC B H & L Joint Venture Bfi28 Amhurst Ct 751x4 Stoney Paint Dr 704 W Harwood Rd Ste A Fort Worth Tx 75180-144$ Plano Tx 75025-6133 Hurst Tx 78454-3357 Tsca-228 Ltd Prtnshp Panattani Properties Etel Richland Hills Riding Club 301 S Sherman St Ste 14C} 4801 Dtc Blvd Ste 550 PO t3ox 820056 Richardson Tx 75081178 Denver Co 80237-2549 Fort Worth Tx 75182-+0056 Shivers, CI2rs Aline Shivers, Clara Aline 8351 Davis 131vd 8333 Davis Blvd Fort Worth Tx 75160-19Q6 NRH Tx 7618U-1906 ORDINANCE NO. 3040 ZONING CASE ZC 2008-08 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 5.347 ACRE TRACT OF PROPERTY FROM C"I ~COMMERCIAL~ TO O-'I (OFFICE} ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2DD feet of the property herein described at least 1 D 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 ~ : THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 5.347 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from C~ (Commercial} to O-~ Office} zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,DDD.DD}. Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by lava. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS S4 ORDAINED. PASSED AND APPROVED on the 9th day of February, 209. gy: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A BEING LOT 40, BLACK ~5~ Fr]REST GLENN EAST ADDITION, F'»ASE I, AN ADDITION Tp THE CITY Qt= NORT1i RICHLAND HILLS, TARRA,NT COUN'T'f, TEXAS. ACCORDING TO THE PLAT RECORDEd IN CABINET A, SLIDE 7160, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DE9Cf~IBED AS FOLLOWS: BEGINNING AT A 1~2" IRON PIN FOUND FOR THE NORTHWI=ST CORNER pF TRACT BEING DESCR{BED, PAINT BEING IN THE SOVTH R.O.W. LINE OF NORTH TARRANT PARKWAY, POINT ALSO BEING THE NORTHEAST CORNER OF LOT 39, BLOCk 45, FOREST GLENN EAST ADDITION. PHASE I, AN ADDITION Tp THE CITY OF NORTH RiCHI.ANO HILLS, TA3~RANT COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 7160, PLAT RECORDS, TARRANT COUNTY, TI;KAS; THENCE SOUTH E9 DEGREES 38 IAIiVL1TES 55 SECONDS EAST 412.6$ FEET ALONG SAID SOUTH R.Q,W. UNE OF NORT!-i TARRANT PARKWAY TfJ A 1r2" IROt+t PIN FOUND FOR THE NORTHWEST CORNER OF LOT 1R1, BLOCK 4, SRENTWOQD ESTATES, AN ADDITION TO THE ClIY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TU PLAT RECORDED IN CABINET A. SLIDE 5331. PLAT RECORDS, TARRANT 04UNTY, TE?G~S; THENCE SOUTH 00 DEGREES 1fl I~Ih4l.JTES 1 fi SEOONp~ WEST 5fia.57 FEET ALONG THE WEST LINE OF LOTS 1Rl AND 2R9, SAID BLACK #, BRENTWOOD ESTATES Tt~ A 1~2" IRAN PIN FOUND FAR THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED REC4RDE0 IN VOLUME 58B~, PAGE 3gg, pip RECORDS, TARRANT COUNTY, TEXAS, AND 7HE NORTHWEST CORNER OF A TRACT df LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4403. PAGE 81, DEED RECORDS, TARRANT COUNTY, TEi(A5, SAID POINT ALSQ BEING THE SOUTHWEST C4tRNER pF SAID LOT 2R1, BLACK +~, BRENTWOOD ESTATES; THENCE NORTH B9 DEGREES 50 IAINLn'ES 32 SECONDS WEST 414.2fi FEET ALONG TFiE NORTH LINE OF SAID TRACT 4F LAND A5 C}ESGRIl~ED IN ^EED REGORDEO IN vOLUME 5864, PAGE 25t3. TO A 1 f2" 1RdN PIN FOUND FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN vOLUME 5864, PAGE X96, POINT ALSO BEING IN THE EAST LINE OF SAID BLOCK 15, FOREST GLENN EASr ApdITIOH. PHASE I; THENCE NORTH 00 DEGREES 19 MINUTES 54 SECONDS FAST 563.97 f'EET ALONG SAID EAST LINE OF BLOCK 15, FOREST GLENN EAST ADDITION, PHASE I, Tta THE POWT OF BEGINNING AND COh1TAINING 5.347 ACRES OF LAND, MORE OF LESS ZONING EXHIBIT EXCERPT FRGM THE MINUTES GF THE JANUARY 15, 2009 PLANNING AND ZONING C~MMISSIQN MEETING zc ZooB-o8 Public Hearing and Consideration of a Request from B.H. & L. Joint Venture to rezone a 5.347 acre parcel known as Lot 40, Block '15, Forest Glenn East Addition, Phase ~ from C-'I Commercial to C-~ Office located in the 860o Block of North Tarrant Parkway.} Chairman Shiflet opened the Public Hearing at 7:09 and asked the applicant to come forward. Mark Long, 1G15 Precinct Line Road, Hurst, TX, the engineer representing the owner, John Bartield, stated this is a request to change this back from C-1 to O-1 Office. The commercial zoning requires a wider drive that is not needed for their intentions of the office spaces. Eric Wilhite stated that when Staff reviewed this request from C-1 to O-1 it became evident that the Comprehensive Land Use Plan depicts retail uses for this area which could mean a lot of different commercial uses. However, because of the depth behind the former Albertsons, now Ross Shopping Center, and the residential adjacency to the west, the property has space limitations. It is essentially a down zone by all intents and purposes going to Office, which by the Permitted Land Use Table restricts it down compared to the current C-1 potential uses. The general layout on the street and how the offices will be laid out is on the next case, RP 2008-12. Staff has reviewed this case and it meets all the subdivision rules and regulations and 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 Don Bowen, motioned to approve ZC 2008-08 The motion was carried unanimously ~4-0). clrY of NDR TH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2~D9 Agenda No. D.~ Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing clry of NORTH RlCHL,4ND HILLS Department: Planning and Development Council Meeting Date: 2-9-2D~9 Presented by: Eric Wilhite Agenda No. D.~ Subject: RP 2~D8-12 Consideration of a Request from B.H. & L. Joint Venture to Approve a Replat of Lot 4~, Block ~5 into Lots 4~R, 4~-53, Block ~5, Forest Glenn East Addition, Phase 1 (located in the $5~Q Block of North Tarrant Parkway.} Case Summary: The applicant, B.H. & L. Joint Venture John Barfield), is requesting to replat a single 5.347 acre lot into fourteen individual lots with cross access drives for the development of a garden office park. The development will be similar in nature to the office architecture that is typically seen today, whereby the office structures have a residential architecture nature. The plat will create a new street right-of-way running south from North Tarrant Pkwy and connecting to the undeveloped land to the south. This street will provide frontage for the lots and terminate as an open-ended cul-de-sac in order to grant future access to North Tarrant Parkway for the adjacent tract to the south. The majority of the new lots are approximately 75 feet x ~8~ feet and each will be served by a 24 feet cross access easement that runs parallel to the proposed street. There is also an existing access easement located along the common property line of the proposed garden office park and the existing shopping center to the east. This easement is located on both properties and could be used to access the adjacent office buildings planned in the new garden office park. Current Zoning: A zoning change request is also being considered at this meeting to change the property from C-~ Commercial to O-~ Office. Thoroughfare Plan: The new lots will have frontage on the proposed right-of--way (Azalea Court) a proposed 2-lane, undivided R2U local street with 5D feet of ROW. This street has access onto North Tarrant Parkway which is a 5-lane, divided principal arterial with 2D0 feet of ROW. Comprehensive Plan: The Comprehensive Plan depicts Retail uses for the proposed lots. Staff ReviewlRough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The public improvements necessary for the Subdivision include the installation of water, sewer, drainage, and street improvements. Therefore, the developer will be required to assume ~DD% of the amount required for such public infrastructure improvements indicated on the final approved construction plans for the Subdivision. The developer previously dedicated 2D~ feet of right of-way for North Tarrant Parkway adjacent to this site. As such, the developer will not be responsible for participating in the costs of street and drainage improvement associated with North Tarrant Parkway as the right-of-way is roughly proportional to this development's impact on the roadway. Planning and Zoning Commission Recommendation: Approval by a 4-0 vote. Staff Recommendation: Approval of replat request RP 2D08-~2. Review Schedule: Application: ll'1108 Final Hearing: 219109 Staff Review: 8 weeks Applicant Revision Time: "14 weeks Scheduling Time: '10 weeks Total Review Time: 32 weeks This plat was held up primarily because the developer has been working with several different potential builders. LOCATION MAP AERIAL REPLAT EXHIBIT EXCERPT FROM THE MINUTES aF THE JANUARY '15, 2009 PLANNING AND ZONING C4MMISSI4N MEETING RP 2~a8-12 Consideration of a Request from B.H. & L. Joint Venture to Approve a Replat of Lot 4a, Block 15 into Lots 40R, 4'I -53, Block ~ 5, Forest Glenn East Addition, Phase ~ (located in the 860D Block of North Tarrant Parkway.} Mark Long, came forward representing the owner, John Barfield. He described the request for the replat where each lot can be sold off individually. He stated the concerns about the drainage have been addressed by Public Works. The depth off of North Tarrant makes it hard to put buildings in that space so they believe office space would make the best use of space. Eric Wilhite came forward and stated this replat creates the opportunity to make this office space as discussed in the previous zoning change request. He stated while North Tarrant is going to be widened, it is not likely there will be a median opening on the frontage, which would function well for the office or commercial. The right of way width, as Mr. Long mentioned, because it is an office use and intends to be commercial it is permitted by the Public Works design manual and guidelines to be a little bit narrower of a street because of the less intense use. They are also proposing a mutual access easement or slip street that will serve as a driveway for access to the office spaces since you cannot have parking off of a street right of way. There is an existing mutual access easement between the tract where Ross and the former Albertsons is and they will still maintain and actually use to serve this new subdivision for office. Staff has reviewed the request and recommends approval. Don Bowen asked if Azalea Court was wide enough to service the area to the south if it were to ever develop into residential? Eric Wilhite answered yes; it is basically a residential width street and does not meet commercial standards. APPROVED Don Bowen, seconded by Mike Benton, motioned to approWe RP 2008-"12. The motion was carried unanimously (4-0~. Chairman Shiflet commended the applicants for this development and stated he thought it was a good transition for the community. clry of NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-209 Agenda No. E.D Subject: PUBLIC WORKS No items for this category. city of NaRTH RlCHLr4ND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2009 Agenda No. F.0 Subject: GENERAL ITEMS cf ry a= NaR rH Rf CHLAND HILLS Department: Neighborhood Services Council Meeting Date: 2-9-~DD9 Presented by: Jo Ann Stout Agenda No. F.1 Subject: GN 2DD9-DD6 Consider Approval of Ordinance Supporting Locally Enforced Idling Restrictions -Ordinance No. 3D39 On May 8, DDB, the Regional Transportation Council RTC} approved a resolution supporting the enforcement of motor vehicle idling restrictions in North Central Texas. The RTC encourages local municipalities to adopt the Texas Commission of Environmental Quality's ~TCEQ} rule as is ono modifications allowed} on idling limitations and enter into a North Texas memorandum of agreement ~MOA} with TCEQ for the purpose of enforcing motor vehicle idling restrictions in their effort to reduce vehicle emissions and improve air quality. Limiting motor vehicle idling is one component of the Dallas-Fort Worth 8-Hour Ozone Attainment Demonstration State Implementation Plan which is the federally mandated clean air plan for the region. If Council approves the attached ordinance, any vehicle with a gross vehicle weight rating of 14,DUD pounds or greater would not be allowed to idle more than five minutes within participating jurisdictions. This includes public and private vehicles and will be enforced through the months of April through Oct., the peak ozone season. Approving the ordinance and MOA {Step # 1} is strictly voluntary; however, the RTC has the right to consider approval of this rule when evaluating future funding eligibility. March 1, 2DD9 is the commitment deadline. The MOA becomes effective upon receiving all signatures from all parties, and will expire on January 2, 2D13 unless renewed in writing by a mutual agreement. We may withdraw from this agreement at any time upon thirty days written notice, which will constitute termination of the entire MOA. 3 Steps in Implementing the TCEQ's Idling Restrictions: Step #1 =Initiation (Adopt Rule and Sign MOA} Step #2 =Education (installing signs, promoting the program within NRH) Step #3 =Enforcement determine enforcement personnel and procedures}. All educational materials such as brochures and signage will be given to each municipality to distribute throughout the city. Each city will be required to purchase the signs that will be installed in areas where trucks exceeding the 14,DDD Ib. gross vehicle weight frequently park. The costs of the signs are undetermined at this time. Citizens will also have access to an idling complaint hotline and web site to report idling violations. Enforcement of the ordinance has been left up to local governments to determine the procedures and necessary enforcement personnel. Both Code enforcement and the Police Department will enforce the idling policy as they observe violations or upon receiving a complaint. The Police Department will continue the enforcement after hours and will report violators to the Code Enforcement Division. This information will be maintained in a spreadsheet for annual reporting to North Central Texas Council of Governments. RTC indicates that heavy-duty diesel vehicles, as identified above, produce ~ 5 times more emissions than light duty gasoline vehicles. Several exemptions to this rule are specified based on vehicle type, operations, and air-conditioning/heating provisions. 1 } A motor vehicle weighing less than ~ 4,000 Ibs and does not have a sleeper berth; 2} A motor vehicle forced to remain motionless due to traffic conditions over which the operator has no control; 3} A motor vehicle used by the U.S. military, national guard, or reserve forces, or an emergency or law enforce ment vehicle; 4} When the primary propulsion engine of a motor vehicle provides a power source necessary for mechanical operation, other than propulsion, and/or passenger compartment heating, or air condition; 5} When the vehicle is being operated for maintenance or diagnostic purposes; 6} When the motor vehicle is being operated solely to defrost a windshield; 7} When a vehicle is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public passenger transportation, or passenger transit operations, in which case idling is allowed up to a maximum of 30 minutes. 8} When the vehicle is being used to provide air conditioning or heating necessary for an employee's health or safety while the employee is using the vehicle to pertorm an essential job function related to roadway construction or maintenance; 9} When the vehicle is being used as airport ground support equipment; 10}When the owner of a motor vehicle rented or leased to a person that operates the vehicle and is not employed by the owner; or 1 ~}When idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government mandated rest period and is not within 2 miles of a facility offering external heating and air conditioning connections at a time when those connections are available. Evidence has proven that vehicle emissions are a large contributor to pollution and the "Green House" effect and reducing harmful vehicle emissions during the peak ozone season will improve air quality and therefore improve the quality of life for our citizens. Recommendation: Approval of ordinance No. 339 and authorize the City Manager to execute the Memorandum of Agreement. Memorandum of Agreement Vehicle Idling Limitations in the North Central Texas Area I. Parties This Memorandum of Agreement ~"Agreement"} is entered into between the Texas Commission on Environmental Quality ("TCEQ"} and the local governments signing this agreement Local Governments}, collectively, the "Parties." 1. The Parties represent that they have the authority to enter into this MBA, including the authority granted in the Texas Government Code Chapter 791 Interlocal Cooperation Contracts. 2. The TCEQ has authority under Section 5.229 of the Texas Water Code and Section 382.033 of the Texas Health and Safety Code to enter into this M4A. 3. The Pertorming Parties have authority under Section 382.115 of the Texas Health and Safety Code to enter into this MDA. II. Intent and Purpose The intent of this Mt~A is to memorialize the agreement between the Parties to implement the following rules aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code (`TAC"} Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 11.510 - 114.512 and 114.517. The parties enter into this MaA for the purpose of delegating rule enforcement from TCEQ to Local Governments and incorporating the emission reductions resulting from the implementation and enforcement of the above-referenced rules into the State Implementation Plan ("SIP"}. III. Definitions As used in this MOA the following terms have the meanings given below: "EPA" shall mean the U.S. Environmental Protection Agency. 2. "TCEQ" shall mean the Texas Commission on Environmental Quality. 3. "Local Government" has the meaning assigned by 30 TAC Section 114.510. 4. "North Central Texas Area" shall refer to those Texas counties included in the Dallas-Fort Worth-Arlington ~DFW} Texas, Metropolitan Statistical Area. 5. "SIP" shall refer to the State I mplementation Plan. IV. Background ~ . Under Section ~ ~ D of the Federal Clean Air Act ("FCAA"}, 42 U. S. Code (U.S.C.} Section 741D, each state that has anon-attainment area must submit a SIP to the EPA demonstrating strategies to come into compliance with the National Ambient Air Quality Standards ("NAAQS"}. 2. Section ~ 1 D of the FCAA, 42 U.S.C. Section 741 D requires Texas to submit to the EPA for approval any SIP revisions and to demonstrate that such SIP revisions will not interfere with any applicable requirement concerning attainment and reasonable further progress or any other requirement of the FCAA, as required by Sectio n ~ ~ 0(1 } of the FCAA. 3. On November 17, 2004, the TCEQ adopted rules concerning locally enforced motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement of the rules. The TCEQ submitted the rules to EPA for approval on December 6, 20D4. EPA approved the rules on June ~ 0, 2DD5. 4. The Parties acknowledge that they have entered into this MOA voluntarily and it shall become binding upon the signature of the Executive Director of TCEQ or his designated representative. The Parties agree to comply with the terms of this MOA. 5. The Local Governments understand and agree that the commitments in this Agreement become federally enforceable by the EPA, and by persons using the citizen suits provision of the Federal Clean Air Act (42 U.S.C.A. Section 75D4}, upon approval of this Agreement into the SIP. V. Obligations of Parties (A) Performing Parties agree as follows: ~. In accordance with the terms of this MOA, the Pertorming Parties agree to implement the following TCEQ Rules: a. 3D TAC Chapter ~ 14, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 - ~ ~ 4.5 ~ 2 and ~ 14.5 ~ 7. Changes to these rules shall be incorporated into this Agreement without requiring amendment of this Agreement. 2. The Pertorming Parties agree to submit the following information to the TCEQ for the rules listed above not later than forty-five X45} calendar days after the effective date of this M(~A. a. Detailed description of the plan for implementation of these rules; b. Copies of local ordinances or resolutions adopted to implement these rules; and c. Copies of agreements entered between Pertorming Parties and other units of Local Government for the purpose of the implementation of these rules. Agreements entered into after the effective date of this MBA shall be submitted within forty-five (45} calendar days of their execution. 3. Copies of any requisite resolutions under Section 7.352 of the Texas Water Gode shall be submitted to the TCEQ within fourteen X14} calendar days after passage by the local governing body. ~B} The TCEQ agrees to submit this agreement to the U.S. EPA as a technical support document to the DFW eight hour ozone attainment demonstration SIP. VI. Term and Termination This MBA will become effective upon signature by the Parties and shall expire on January 2, 2~~3, unless renewed in writing by mutual agreement of the Parties. A Party may withdraw from this Agreement at any time upon thirty days written notice to the other Parties of this agreement. Withdrawal by a Local Government does not constitute termination of the entire MQA. This Agreement may be terminated at any time by mutual written consent of the Parties. VII. Miscellaneous This MBA represents the entire agreement between the TCEQ and the Pertorming Parties and supersedes all other agreements, understandings or commitments, written or oral, relative to the intent of this M4A. This MaA may not be amended or modified except pursuant to a mutual written agreement executed by each of the Parties. This MC7A shall be governed by and interpreted in accordance with the laws of the State of Texas. In Witness Thereof, Texas Commission on Environmental Quality and the Local Governments, by their authorized officers, have made and executed this MDA in multiple copies, each of which is deemed an original. TEXAS CaMMISSIQN 4N ENVIRQNMENTAL QUALITY Bv: Name: Mark R Vickery, P.G. Date Title: Executive Director Memorandum of Agreement Local Government Signature Page In witness thereof, the City of North Richland Hills through its authorized officer, has made and executed this signature page that shall be attached to the Memorandum of Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced Vehicle Idling Limits, which is hereby incorporated by reference in its entirety. Executed by: CITY aF N~JRTH RICHLAND HILLS gy: Larry J. Cunningham City Manager ORDINANCE NO. 3039 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING CHAPTER 34 CF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO IMPLEMENT AND ENFORCE THE TEXAS STATE RULE ON LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS AND TG APPROVE ENTERING INTO A MEMORANDUM OF AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO ENFORCE THIS RULE LOCALLY. WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and WHEREAS, the U.S. Environmental Protection Agency ("EPA"} and the Texas Commission on Environmental Quality ~"TCEQ"} jointly have considered emission reductions to control air pollution from motor vehicles, and the Texas Legislature has created the Texas Clean Air Act ("Act"}, which addresses that purpose; and WHEREAS, Section 382.113 of the Act provides authority for municipalities to enact and enforce local laws and ordinances for the control and abatement of air pollution; and WHEREAS, Locally Enforced Idling Restrictions is a Voluntary Mobile Source Emissions Reduction Program commitment in the Dallas-Fort Worth 8- Hour Ozone Attainment Demonstration State Implementation Plan SIP}; and WHEREAS, the City of North Richland Hills desires to actively participate in improving the air quality of the region; and WHEREAS, the City Council finds that the adoption of this ordinance serves a public purpose, and protects the health, safety, and welfare of the citizens of the City of North Richland Hills, by limiting the pollution created by motor vehicles unnecessarily idling within the City's jurisdiction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 'I: The City Council endorses the TCEQ Idling Limitations Rule as published in the Texas Administration Code, Title 3D, Part 1, Chapter 114, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitation. Section 2: Chapter 34 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Article V which shall read as follows: "Article V. Idling Vehicle Restrictions Sec. 34-150 Definitions Unless specifically defined in the Texas Health and Safety Code, Chapter 382 also known as the Texas Clean Air Act} or in the rules of the Texas Commission on Environmental Quality, the terms used in this Article have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by Texas Health and Safety Code, Chapter 382; ~ 3.2 of Title 30, Texas Administrative Code (relating to Definitions}; § 101.1 (relating to Definitions}; and § 114.1 relating to Definitions}, the following words and terms, when used in this Article, have the following meanings, unless the context clearly indicates otherwise. ~1} Idle--The operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released, and there is no load on the engine. ~2} omitted (3} Motor vehicle--Any self-propelled device powered by an internal combustion engine and designed to operate with four or more wheels in contact with the ground, in or by which a person or property is or may be transported, and is required to be registered under Texas Transportation Code, § 502.002, excluding vehicles registered under § 502.OOG(c}. (4} Primary propulsion engine--A gasoline or diesel-fueled internal combustion engine attached to a motor vehicle that provides the power to propel the motor vehicle into motion and maintain motion Sec. 34-151 Control Requirements for Motor Vehicle Idling ~a} No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in ~ 114.510 of Title 30, Texas Administrative Code (relating to Definitions}, is not in motion during the period of April 1 through October 31 of each calendar year. (b} No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined by Local Government Code, ~ 244.001, in a school zone, within 1,000 feet of a hospital, or within 1,000 feet of a public school during its hours of operation. An offense under this subsection may be punishable by a fine not to exceed $500. This subsection expires September 1, 2009. Sec. 34-152 Exemptions The provisions of this Article and § 114.512 of Title 30 of the Texas Administrative Code (relating to Control Requirements for Motor Vehicle Idling} do not apply to: (1} a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less and does not have a sleeper berth; ~2} a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less, after September 1, 2009; ~3} a motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control; (4} a motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergency or law enforcement motor vehicle; ~5} the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, other than propulsion, andlor passenger compartment heating, or air conditioning; ~6} the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes; ~7} the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield; ~8} the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public passenger transportation, or passenger transit operations, in which case idling up to a maximum of 30 minutes is allowed; (9} the primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle to perform an essential job function related to roadway construction or maintenance; (10} the primary propulsion engine of a motor vehicle being used as airport ground support equipment; X11 } the owner of a motor vehicle rented or leased to a person that operates the vehicle and is not employed by the owner; or X12} a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. This subsection expires September 1, 2~~9. Sec. 34-153 Enforcement Effective April 1, 209, Violation of any of the provisions of this Article shall constitute a misdemeanor punishable by a fine not exceeding $5~a.~D. Each and every day a violation shall occur or is continued shall constitute a separate offense punishable hereunder." Section 3: The City Council approves the adoption and implementation of the TCEQ Idling Limitation Rule by reference. Section 4: The City Council authorizes the City Manager to execute a Memorandum of Agreement, attached hereto, with the TCEQ for the purposes of local enforcement of the Idling Limitation Rules in the City of North Richland Hills. Section 5: This ordinance shall be in effect immediately upon adoption. Section 6: The City Secretary is authorized and directed to cause publication of the descriptive caption and penalty clauses, Sec. 34-135, as provided by law. AND IT IS SO ORDAINED. PASSED AND APPRGVED on the 9th day of February, zaa9 CITY OF NORTH RICHLAND HILLS gy: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPRGVED AS T~] CQNTENT: JoAnn Stout, Director of Neighborhood Services NORTH RICHLAND HILLS IMPLEMENTATIGN PLAN FOR LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATION RULE Background Limiting motor vehicle idling is one component of the Dallas-Fort Worth 8-Hour ozone Attainment Demonstration State Implementation Plan which is the federally mandated clean air plan for the region. The locally enforced motor vehicle idling limitation rule Texas Administrative Code, Title 30, Subsections 1 ~ 4.510-~ ~ 4.517} has been adopted by the City of North Richland Hills in an effort to participate in regional programs aimed at reducing harmful emissions and improving air quality. The rule is applicable only within the jurisdiction of local governments that have signed a memorandum of agreement with the Texas Commission on Environmental Quality ~TCEQ} which extends the enforcement authority of the TCEQ to that governmental entity. Education will begin February ~, 2DD9. Enforcement will begin April ~, 2DD9. Enforcement through warnings and traffic citations, including penalties of up to $500 per offense, is allowable to ensure compliance with this rule and net maximum air quality benefits. Public Education & Outreach: • Educational brochures, developed by the North Central Texas Council of Governments ~NCTC~G} will be distributed to area businesses, industry associations, and other targeted sectors identified to be most affected by the rule. These brochures will include information on rule details, anti-idling technologies, potential funding assistance, and other resources. • Anti-idling signs will be ordered and installed throughout the City to inform citizens and truck drivers of the anti-idling ordinance. Local businesses and target areas will be encouraged to order and post signs as well. Signs are available through the NCTCaG. • A link to the NCTCaG Idling Reduction Web site will be posted on the City of North Richland Hills Web site as a resource. Enforcement: • Appropriate personnel will be identified for enforcement activities. Activities will include identifying target areas, spotting violators, and issuing citations. Apposite personnel may include code enforcement officers andlor peace officers. • Enforcement procedures used will be consistent with section 7.351 of the Texas Water Code and any applicable local government ordinances. Recommended penalties sought in civil action will be consistent with Subchapter D of the Texas Water Code. Each violation is considered a separate offense. • City of North Richland Hills enforcement training programs will be updated with information on regulatory requirements and compliance procedures. • Identified enforcement personnel will establish a relationship with the NCTCaG to share information on area idling. Violations of the rule may be reported: 1} directly to local enforcement division for immediate response; or 2} to the NCTCCJG through a regional public outreach Web site, wvvw.EngineaffNorthTexas.org, or toll-free line, 877-NTX-IDLE (877-589-4353}, resulting in a letter being mailed to the owner of the reported vehicle informing him/her of local idling restrictions in North Central Texas and options to help reduce excessive idling. • Violations and action taken will be tracked on a spreadsheet. This allows both a determination of rule effectiveness and adequate follow-up for noncompliant sources. At the end of each year, a summary of enforcement will be provided to the NCTCaG upon request. clry aF NCIRTH RlCHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 2-9-2DD9 Agenda No. F.2 Subject: GN 2DD9-DD8 Approve 20D9 Federal Legislative Positions Attached please find the proposed 20D9 Federal Legislative Positions that was discussed with Council on January 28 at the work session. The modified wording on the American Recovery and Reinvestment Plan discussed with Council has been included. The four guiding principles used to develop the legislative program are: • Support for local control; • Insurance of a predictable and sufficient level of revenue to manage local affairs; • Opposition of unfunded mandates; • Support of legislation that increases the quality of life for citizens of North Richland Hills. The City's positions on various issues fall into the following categories: Protecting Local Programs, Powers and Revenues • American Recovery and Reinvestment Plan Telecommunications & Information Technology Community Development Block Grant Protecting the Homeland • Public Safety & Homeland Security Unfunded Mandates • Transportation • Public Safety Collective Bargaining • Immigration Reform When the Federal Legislative Program of the Gity is approved by Gity Gouncil, this will be given to Congressman Burgess, our U.S. Senators, and other area congressional representatives. Recommendation: Approve GN 2DD9-DD8 the North Richland Hills 2D09 Federal Legislative Positions. 2009 Federal Legislative Positions FEDERAL LEGISLATIVE INTRC3DUCTIGN The United States Congress frequently creates new laws that greatly affect municipalities. Due to this relationship, the City of North Richland Hills must develop and adopt positions on the most critical federal issues that directly impact the City and its citizens, especially issues involving ~.} local control, 2.} quality of life, and 3.} municipal revenues (including unfunded mandates}. Therefore, the City of North Richland Hills uses three primary principles in developing positions on legislative issues: The City vigorously opposes any legislation that erodes the authority to govern our own local affairs. 2. The City opposes any legislation that dramatically impacts our ability to pay for public services and opposes the imposition of any federal mandates which do not provide for a commensurate level of compensation. 3. The City supports legislation that increases the quality of life for our citizens including legislation that encourages equitable services that increase pride and growth in our community. If an issue arises in Congress that is not included in this document, we urge our Congressional delegation to keep the City's guiding principles in mind as they make important decisions which will impact our joint-constituents. TABLE ~F CONTENTS General Legislative Policy ......................................................................................4 American Recovery and Reinvestment Plan ...........................................................5 Transportation ......................................................................................................... Telecommunications & Information Technology ......................................................8 Community Development Block Grant ....................................................................9 Public Safety & Homeland Security ......................................................................... ~ D Public Safety Collective Bargaining .........................................................................~2 Immigration Reform .................................................................................................13 Contacts .................................................................................................................. ~ 4 GENERAL LEGISLATIVE POLICY STATEMENT OF PRESERVATION As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. As such, the City opposes legislation that: • diminishes the fundamental authority of the Cit~r; • mandates increased costs without adequate compensation; • forces a loss of revenues or a decrease in public services; • erodes requirements for reasonable compensation for use of public lands; or • erodes municipal control over local water systems. STATEMENT OF SUPPORT Likewise, the City supports legislation that: • advances municipal authority to conduct the public's business; • improves the health, safety, and welfare of our citizens; • responsibly and fairly increases revenues to pay for essential services; • reduces the cost of providing services; • responsibly promotes economic development; or • improves the economy and creates jobs. AMERICAN RECOVERY AND REINVESTMENT PLAN BACKGROUND The nation's economy is worsening, and citizens and communities are suffering as both foreclosures and unemployment increase. In addition, the nation's infrastructure has long been neglected and requires massive investment. The American Recovery and Reinvestment Plan has been introduced to address these needs. The Plan proposes to fund infrastructure repair and replacement projects, invest in energy technologies, fund school projects and help individuals. The program includes nine areas for new and existing initiatives: • Expansion of Community Development Block Grants CDBG funding has decreased over the past several years. This funding specifically targets areas in need with infrastructure and housing improvements. The additional funding provided in the Plan is slated to repair and create more energy efficient low income housing, purchase and repair foreclosed homes and provide help to the homeless. • Fund Energy and Environment Block Grants ~EEBG} and Invest in New Enercty Technology Last year Congress created EEBGs to help targeted areas become more energy efficient. Unfortunately no funding was appropriated for this program. The Plan proposes to fund EEBGs, invest in science research to discover new energy and environmental models, and extend tax credits to alternative energy production. • Repair and Replace I nfrastructure The nation's roads, water and sewer lines and other infrastructure are falling apart after years of neglect. The Plan proposes to fund repair of the nation's infrastructure but also create nefinrorks of new broadband technology. AMTRAK and regional rail systems would be targeted to create more transportation alternatives. The infrastructure portion of the Plan estimates to create the largest number of jobs during the Plan's implementation. • Education The Plan targets giving grants to local school districts to better their education programs. It would provide funding relief to states who must cut back spending due to falling revenue in sales, property and income tax. The Plan proposes to also modernize school facilities, creating jobs and thereby providing better environments for children's education. • Public Safety in the Community Community Orientated Policing Services COPS} and Justice Assistance Grant JAG} funding is proposed to be expanded. These community policing programs are ones that work with the community to deter crime. • Temporary Aid to the Unemployed The Plan includes the extension of unemployment benefits, provision of job training, expansion of food stamps and welfare. This help is designed to be temporary to help families until the economy recovers. • I nvestinq in Health Care The Plan proposes to extend unemployed health insurance and federal Medicaid and also help states with their Medicaid programs. The Plan incorporates investing in health information technology systems to make the country's health care system more efficient and cost effective. The Plan includes the promotion of preventive care and community health centers. • Tax Relief Part of the Plan is projected to provide tax relief to individuals and businesses. The City of North Richland Hills has a number of projects that are considered "shovel ready" -they could begin immediately if funding were made available for them. These include a number of street reconstruction projects in neighborhoods that will increase the aesthetics and quality of life of residents, the widening and reconstruction of a principle arterial street that will greatly alleviate east/west traffic congestion North Tarrant Parkway}, multiple sewer and water main replacements that will guarantee uninterrupted water flow to residents and the widening and reconstruction of NE Loop SZD, a major roadway built in the ~9GD's that has never been widened to accommodate the growing population in NE Tarrant County. Should the stimulus plan as proposed or other variations of it be approved by Congress, North Richland Hills has projects ready to move forward on quickly. As can be seen above, most of these proposed projects are expansions to programs already in existence that we have supported in the past. P~SITI~N • The City of North Richland Hills supports infrastructure and other programs that directly impact the City of North Richland Hills and that primarily create jobs and long term benefits such as streets, neighborhood revitalization, and public facilities. • The City supports direct funding to local governments. TRANSPORTATION BACKGROUND The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ~SAFETEA-LU}, the multi-year federal surface transportation law, is due to expire September 3Q, 2D~9. SAFETEA-LU was the second renewal of the Intermodal Surface Transportation Efficiency Act ~ISTEA} of 1991. ISTEA was a reform statute that provided state and local decision-makers with added flexibility to develop and fund a range of transportation solutions, reduced modal bias in federal planning and funding rules, expanded public participation in shaping transportation investment programs, allowed increased focus on multi-modal investments, and extended greater decision- making authority to local elected officials served by Metropolitan Planning Organizations ~M POs}, key features that were largely retained by reauthorizations in 1998 and 205. There are challenges with the existing law. It continues to vest states with broad authority to decide how transportation funds are invested with the state, with either few or no federal standards to measure and report on pertormance and outcomes, maintain existing facilities in a state of good repair, distribute funds equitably among local areas or regions with the state, or target resources to specific national goals such as improving air quality. In Northeast Tarrant County, traffic congestion continues to be a serious issue. Expansion of highways in our area has been delayed for a decade or more due to a lack of funding. The North Texas region is in anon-attainment area whereby we must meet strict guidelines to reduce air pollution yet we have traffic gridlock, further polluting our air. Meanwhile, the Texas Department of Transportation (TxDOT} expects its funding for new construction to further shrink in 209. The revenue from the motor fuel taxes does not meet existing maintenance needs and the federal government is reducing its transportation apportionments. It is critical to our City and our region that funding be made available for road projects. It is also critical that funding be made available for alternative means of transportation, including commuter rail. PCSITI4N • The City of North Richland Hills supports federal legislation that provides additional revenues in support of transportation programs. • The City supports collaboration with local elected officials on the reauthorization of the surface transportation infrastructure program. • The City supports aforward-looking federal vision for the nation's overall transportation policy that provides a range of transportation choices, including commuter rail. • The City supports public-private partnerships that support transportation priorities. TELECOMMUNICATIONS & INFORMATION TECHNOLOGY BACKGROUND The existence of affordable and modern communications infrastructure is extremely important as it increases productivity, spurs economic development, and improves quality of life. However, by law, municipalities must be fairly compensated by telecommunication and cable industries for the use of public rights-of-way. The underlying principal is that use of publicly-owned rights-of-way is a privilege not an entitlement. Local governments are, in fact, legally obligated to control and charge for the use of rights-of--way. The Texas Constitution requires cities to receive fair market rental payments from private industries that use public land for their private gains. Local governments must also maintain the rights-of--way to ensure the health and safety of their citizens. This enables cities to minimize service disruptions to the public, protect public investment in the rights-of-way, and assures correct placement of service lines. In Congress and at the Federal Communications Commission, attempts have been made by the telecommunications and cable industries to erode local control over the public rights-of--way. Specifically, several orders have been introduced that would negatively impact the ability of cities to physically manage their public lands and to receive adequate rental payments on behalf of their citizens. The recently adopted FCC order regarding cable franchising also has the potential to negatively impact the hard fought compromise that the telecommunications industry and cities achieved in Texas. If the Second Order of the FCC remains in place and PEG channels will be charged out of the required franchise fees, cities will lose an important communication tool with their citizens. It is important to note that during the 79th Texas Legislative Session, the Texas Legislature passed Senate Bill 5 which created astate-wide cable franchise process and eliminated local cable franchises in Texas. While Senate Bill 5 diminished local control, it included a 5% franchise fee for the use of local rights-of--way, maintained local police powers over rights-of-way, and authorized Public Educational and Governmental PEG} channels hand continues financial support for PEG channels}. POSITION • The City of North Richland Hills urges Congress to exempt Texas from any cable/video franchise legislation or FCC Order. The City supports any Congressional proposal or FCC Order that recognizes Texas has adopted a uniform statewide franchising system and does not preempt the Texas law. • The City opposes any legislation that will restrict the ability to manage our rights- of-way or that allows rights-of--way users access without appropriate compensation to the City. • The City opposes any legislation that would not require the provision of PEG channels at the same quality broadcast as other channels and would not require the service to be offered to all residents. COMMUNITY DEVELOPMENT BLOCK GRANT BACKGROUND The Community Development Block Grant CDBG} program was signed into law as the centerpiece of the Housing and Community Development Act of X974. CDBG is the Federal government's effort to help more than ~,~00 entitlement cities, urban counties, States and their non-profit partners meet the needs of low and moderate-income communities. CDGB helps to fund a wide range of activities including home ownership assistance, housing rehabilitation, public services and economic development projects. The CDBG formula allocation was funded at $4.4~ billion in FY 0~. The formula allocation has decreased by $820 million - or approximately ~8% - with a 5% cut in FY 05, ~0% cut in FY DO and a 3% cut in FY 08. The FY 09 HUD budget would reduce the formula funding by $059 million, or ~8 percent, cutting the formula allocation by almost 37% in just five years. Providing quality neighborhoods and housing for all Americans by continuing successful programs such as the Community Development Block Grant CDBG} is important to the City of North Richland Hills. After 34 years, this program remains successful and continues to demonstrate a strong federal-local partnership that must be sustained. Over the last four years, North Richland Hills has had a 21% decrease in CDBG funds. As an aging City, CDBG funds are vital to the continued success of our neighborhood revitalization initiatives. In 2000, proposals were made to eliminate the CDBG program and combine it into the "Strengthening America's Communities" Grant. While CDBG managed to survive, funding for the program was cut significantly. CDBG funds have allowed the City of North Richland Hills to improve street conditions in qualifying neighborhoods, institute a housing rehabilitation program, expand and improve senior center facilities, and enhance the Northeast Transportation Service NETS}, an on demand transportation service for senior and disabled residents. POSITION • The City of North Richland Hills supports the continuation of this program at current and/or increased levels, as this program has been and will continue to be important in funding revitalization efforts within our community. • The City opposes any budget proposals that seek to combine, eliminate or reduce community development programs that have continually proven to be effective in redeveloping deteriorating areas of cities across the country. PUBLIC SAFETY & HOMELAND SECURITY BACKGROUND The public safety of citizens is the first and foremost responsibility of local governments. The leaders of America's cities and towns are best positioned to address traditional public safety needs while at the same time advancing the nation's homeland security priorities. Local governments are the first level of government to respond to most disasters and emergencies and must be regarded as the focal point of all disaster mitigation and recovery activities. National top-down plans are not sufficient. America needs collaborative strategies that emphasize partnerships, innovation and "all-hazard" approaches to public safety. Local communities are best positioned to react quickly, ensuring a local problem does not become a national one. In the years since September 1 ~, 2~~~, local governments have taken on an even larger role in providing for homeland security, while federal funding for traditional public safety actives have consistently been reduced. Local communities can and should lead the way, but they can only do so with the right guidance, collaboration and resources from the federal government. One example of the challenges cities confront in this arena has to do with requests for federal assistance in an emergency. The federally-required customary wait of 72 hours after a major disaster to receive any federal assistance hinders the capacity of local government to save lives and property during crucial times. Being able to provide as much aid as possible in that initial period benefits the local community and the nation as a whole. The federal government must refine and further develop its strategy for making our country more resilient against attack and natural disaster. Pre-disaster mitigation grants, which help communities reduce the threat of natural disasters to both lives and property, have been proven to save four dollars for every dollar spent. Protecting infrastructure, from building stronger levees to bolstering our electrical grid, can deter potential attacks while at the same time providing a better chance of a quick recovery. No federal, state, or local government preparedness program can substitute for individuals who are proactive about their own responsibilities in their communities, particularly in times immediately before, during, and after an emergency. Therefore, government at all levels must work together to build a culture of individual action, responsibility, and preparedness. Finally, the federal government must improve emergency communications and warning systems to people are prepared to act when emergencies do occur. POSITION • The City of North Richland Hills urges Congress and the Federal Government to provide more guidance as to specific roles and responsibilities between levels of government when responding to natural disasters and threats. • The City of North Richland Hills supports an increase in direct federal funding to local governments for preparedness and response training, threat assessment, communication systems, public health systems and critical infrastructure protection. PUBLIC SAFETY COLLECTIVE BARGAINING BACKGRaUND During the 09th Congress federal legislation was proposed that would force states and local governments to recognize unions of police, fire, and other public safety personnel as bargaining agents in all 50 states. During the 79th Texas Legislative session similar legislation known as Meet and Confer House Bill 204 and House Bill 2892} were passed into law. Meet and Confer allows a representative police or fire association in cities with a population of 50,000 or more, to meet and confer on any issues related to their employment. This can only be initiated through a petition of the association with final authorization by the governing body or through a certified election. During the ~ ~Oth Congress, HR 98D was passed by the House and debated in the Senate. Both the House Resolution and Senate Bill S. 223 were similar to the legislation introduced in the ~ 09th Congress and would require states to recognize public safety unions as bargaining agents. HR 980 failed to make it out of the Senate. With the ~ 1 nth Congress we have already seen the introduction of HR 4~3, this session's public safety collective bargaining bill. The City of North Richland Hills believes this bill should not be signed into law because it is simply duplication of what has already become law in Texas. Furthermore, this type of legislation would negate the labor protection laws of the states, labor agreements of states and municipalities, existing civil service systems and the North Richland Hills Personnel Procedures. The City believes that the federal government should not undermine municipal authority with respect to making fundamental employment decisions. The City also believes this is an issue best resolved at the state level, not by our federal government. PaSIT14N • North Richland Hills apposes federal legislation which singles out a class of municipal employees to be provided special bargaining rights, and pre-empts investigative and disciplinary procedures that are already in place under civil service systems and the "Meet and Confer" laws of Texas. IMMIGRATION REFORM BACKGRaUND The increasing presence of the undocumented population presents a serious challenge to municipal governments because of its escalating impact on local budgets, service delivery, and community life making immigration reform a top legislative priority for Congress in 2~~9. The City of North Richland Hills believes immigration reform should be addressed in a comprehensive and thoughtful manner recognizes Local law enforcement agents should not be mandated to enforce civil immigration laws because this would violate the principals of federalism and divert local personnel from their primary duty to protect the general public. The City of North Richland Hills strongly concurs and supports comprehensive immigration reform to allow companies to meet labor shortages with legal access to foreign workers through an acceptable guest worker program. In addition, since control of immigration practices is the responsibility of the Federal government, local governments should not have to bear the cost of enforcing federal immigration laws. P~SITI~N • The City of North Richland Hills supports comprehensive immigration reform legislation that addresses border security and interior enforcement at the federal level of government. • The City opposes any proposal that would mandate municipal enforcement of federal immigration laws. CONTACTS City of North Richland Hills 730 ~ N E Loop 820 P. ~. Box 820609 North Richland Hills, Texas 76180 X817} 427-6000 Fax: X817} 427-6016 htt , :l~w~nrv. n rhtx.cor~~ Larry J. Cunningham City Manager X817} 427-6007 Email: Icunnin harry nrhtx.com Karen Bostic ** Assistant City Manager (817} 427-6005 Email: kbostic _.nrht~.cori~ Mayor and City Council Oscar Trevino, Mayor Scott Turnage -Mayor Pro Tem John H. Lewis -Place 1 Ken Sapp -Place 2 Suzy Compton -Place 3 Dr. Tim Barth -Place 4 David Whitson -Place 5 Tim Welch -Place 7 Karen Bostic is the primary legislative contact for North Richland HiIIs clry o>= NDRTH R1CHL,4ND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 2-9-2009 Agenda No. F.3 Subject: GN 2DD9-DD9 Calling May 9, 20D9 City Council Election and Authorizing a Joint Election Agreement with Qther Tarrant County Political Subdivisions and Contract for Election Services with Tarrant County -Resolution No. 2009-005 The attached resolution calls for the City's General Election of Q~fficials to be held on May 9, 2009 for the election of Council Places ~, 3, 5 and 7 for two-year terms of office. In accordance with State law, filing began on February 7 and will continue through March 9, 2DD9. The resolution establishes the voting locations, provides for early voting and Election Day procedures and provides for the appointment of election officials. Tarrant County is requesting that those entities holding a May election and desiring to use the County's electronic voting system enter into a joint election agreement with each other and contract with the County for election services. Tarrant County has submitted a draft contract to those entities holding their elections in May and will be finalizing the provisions of the contract in the next several weeks. The attached resolution will authorize the Mayor to execute the contract with Tarrant County once finalized. The contract will contain the following provisions: • Tarrant County Elections Administrator will serve as the administrator of the Joint Election with each participating entity remaining responsible for decisions and actions as required by law. • Tarrant County will be responsible for the appointment of the presiding and alternate judges for each polling location. • Early voting will be conducted jointly with all participating entities beginning on April 27, 2DD9 and ending on May 5, 2DD9 at the locations and times established by the County. North Richland Hills voters may vote early at the North Richland Hills Recreation Center or at any of the other joint early voting locations. (Attached is a draft of the tentative schedule and times). • Early voting by personal appearance will be conducted exclusively on the County's eSlate Electronic Voting System. On Election Day, voters will have a choice between the eSlate electronic voting system or a paper ballot that is scanned using Tarrant County's EScan voting system. • Ballots that contain ballot content for more than one joint participant because of overlapping territory will be arranged in the following order: Independent School District, City, Tarrant Regional Water District, Tarrant County College District and other political subdivisions. • On Election Day, North Richland Hills voters will vote at their designated polling location -City Hall, Dan Echols Senior Center or Bursey Road Senior Center. • The Tarrant County Elections Administrator will release unofficial cumulative totals and precinct returns of the election as precincts report to the central and remote tabulating stations and are tabulated. The unofficial cumulative totals and precinct returns will be released to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station X2700 Premier Street} and by posting to the County web site. On Election night, the County will not allow the release of the results printed on the tapes produced by the voting equipment to any participating entity at any of the remote collection sites or by phone from the individual polling locations. Each participating entity will receive their election results from either the County's central counting station or County website. • Election expenses will be allocated among the participating entities according to a formula based on the average cost per election day polling place unit cost} as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling locations will be pro-rated equally among the participants using the polling location. • The Elections Administrator will be the general custodian of the voted ballots and all records of the Joint Election. Should arun-off election be needed, Resolution No. 2009-005 sets June ~ 3 as the run- off date and provides for early voting days and times. Tarrant County has requested that all entities hold their run-off elections on June 13 so the run-off date will be uniform throughout the County with uniform early voting days and times. The terms of the contract with Tarrant County may be extended to the run-off election. Recommendation: Approve Resolution No. 2009-005. N GZH RES~LUTIaN NQ. 2009-005 WHEREAS, the regular election for the City of North Richland Hills, as set forth by the Texas Election Code, is required to be held on May 9, 20D9, at which time the voters will elect City Council Places 1, 3, 5 and 7; and WHEREAS, in accordance with Section 27.002 of the Texas Election Code, the City election will be conducted jointly with other political subdivisions in Tarrant County; NC~W, THEREFQRE, BE IT RESQLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT an election is hereby called to elect City Council Places ~ , 3, 5 and 7 to serve until May of 20~ ~, or until their successors are duly elected and qualified. Such election shall take place on the 9th day of May, 2D09, from 7:00 a. m. until 7:00 p. m. Section 2: Qualified persons may file as candidates by filing with the City Secretary between the hours of 8:DD a. m. and 5:00 p. m., Monday through Friday, beginning February 7, 2009, and ending March 9, 2009. Each application for a place on the ballot shall be accompanied by either a filing fee of One Hundred Fifty ~$~50.00} Dollars payable to the City, or, in lieu of the filing fee, a Petition seeking the candidate's name to be placed on the ballot. Such Petition must be signed by at least one hundred fifty ~~50} qualified voters of the City. Forms for the Petition shall be furnished to potential candidates by the City Secretary. Section 3: The location of polling places for this joint election are designated pursuant to Section 27~.D03 of the Texas Election Code, and the Council finds that the following locations can most adequately and conveniently serve the voters in this election, and that these locations will facilitate the orderly conduct of the election: PRECINCT Precinct ane includes County voting precincts 3214, 3324, 3333, 3041, 3364, 3366 & 3416} VaTING LaCATItJN City Hall, 7301 Northeast Loop 82D Precinct Two includes County voting Dan Echols Senior Adult Center precincts 3032, 3140, 3215, 3289, 3325, 6801 Glenview Drive 3326, 3399, 3424, 3631, 3633, 3634, 4620 & 4629} Precinct Three (includes County voting Bursey Road Senior Adult Center precincts 3063, 3049, 3177, 3209, 3365, 7301 Bursey Road 3367, 3387,3507, 3527, 3543, 3580 & 3584} Section 4: Early voting will be held jointly with other political subdivisions in Tarrant County beginning on April 27, 2009 and will continue through May 5, 20D9 at the locations, and on the dates and times established in the Tarrant County Early Voting Schedule attached hereto or as may be amended by Tarrant County. Section 5: All resident qualified electors of the City shall be permitted to vote at said election and, on the day of the election, such electors shall vote at the polling place designated for the Election Precinct in which they reside. Section 6: The election shall be conducted pursuant to the election laws of the State of Texas. Section 7: Should a runoff election be required following the canvass of the May 9, 2009 election, the Council hereby orders that a runoff election be held on Saturday, June 13, 2009. The polling place on election day for the runoff election shall be at the same polling places as those of the original election, and the hours of voting shall be between 7:00 a.m. and 7:00 p.m. Early voting by personal appearance shall be held at the same locations set out in Section 3 hereof on each day that is not a Saturday, Sunday, or an official State Holiday, beginning on Monday, June 1, 2009, and continuing through Tuesday, June 9, 2009 between the hours of 8:00 A.M. and 5:00 P.M. except for June 6, 8 and 9 when voting will be between the hours of 7:00 A.M. and 7:00 P.M. and June 7 when voting will be between the hours of 11:00 A. M . and 4:00 P. M. Section 8: The Tarrant County Election Administrator is hereby appointed to serve as the Early Voting Clerk and the Election Administrator's permanent county employees are appointed as deputy early voting clerks. The Tarrant County Election Administrator may appoint other deputy early voting clerks as necessary. Section 9: The Mayor is authorized to execute a joint election agreement and contract for election services with Tarrant County whereby Tarrant County will provide all material, supplies and personnel to hold the election contemplated hereby, including any runoff election which may be required, and will be responsible for coordinating, supervising and administering the joint election This resolution shall be construed with any action of the governing bodies of other Tarrant County political subdivisions providing for the conduct of a joint election as herein contemplated. AND IT IS SC RESOLVED. PASSED AND APPRGVED on the 9th day of February, 2~~9. CITY aF NaRTH RICHLAND HILLS ay: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TD FGRM AND LEGALITY: George A. Staples, City Attorney TENTATIVE EARLY VOTING SCHEDULE TENTATIVE EARLY VOTING LOCATIONS MAY 9, 2009 clry of NaRTH RlCHLAND H1LLS Department: City Secretary Presented by: Council Meeting Date: 2-9-ZDD9 Agenda No. G.D Subject: EXECUTIVE SESSION ITEMS clry of NORTH RlCHLAND HILLS Department: City Secretary Council Meeting Date: 2-9-2~D9 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda clry aF NaRTH RlCHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2~~9 Agenda No. H.~ Subject: INF4RMAT14N AND REPQRTS CITY aF NORTH RICHLAND HILLS Department: Library Council Meeting Date: 2-9-2009 Presented by: Steve Brown Agenda No. H.1 Subject: IR 2009-013 Demonstration ofTumbleBooks -Electronic Books for Kids INFaRMAL REPORT T~ MAYaR AND CITY COUNCIL No. IR 2009-0'13 ~, 1'~' Date: February 9, 2009 .. r" ~.:t`n .. :7 ~" Subject: Demonstration of TumbleBooks-Electronic Books for Kids ~~ ~~ One of the most important roles for a public library is helping to introduce children to books and reading, and to make it a positive, fun experience. When a library does that job well, kids start school with a set of skills and attitudes toward learning that will help them succeed all through life. ~n January 2'I the NRH Library began offering access to a new web-based service, the TumbleBook Library. TumbleBooks gives kids access to a collection of animated, talking picture books, which kids can explore and enjoy at their own pace. TumbleBooks also includes about 60 different word oriented puzzles and games that enrich the learning experience. The combination is proving very popular with kids. In the first week of access, our users viewed nearly 500 books online. Each individual TumbleBook is created by adding animation, sound, music and narration to an existing picture book in order to produce an electronic picture book which kids can read, or have read to them. The quality of the narration is high, and the overall quality of the experience is good. The TumbleBook Library is a collection of licensed titles from a variety of children's book publishers. At this pant there are about ~ 75 Tumble Story Books, suitable for younger elementary school students, plus a smaller collection of Tumble Readables for older elementary kids and higher grades. Many of the books are available in Spanish versions. New titles are added regularly. TumbleBooks also includes a variety of fun, word-oriented puzzles and games that help kids learn basic skills. They're fun, and the fun reinforces the learning. The TumbleBooks collection can be accessed online from computers in the library, or from home through a link on the library website. There are links from the Library's home page, at 3~1 Hwww.libra .nrht;~.com, and from several of the children's pages within the website. When library users access the TumbleBooks site through the Library, no password is required, making it easy to use. Access to TumbleBooks is based on an annual subscription model. Unlimited access for our library is $399.00. Staff will provide a demonstration of this new and exciting user friendly service now available to our citizens. Respectfully Submitted, Steve Brown Library Director ISSUED BY THE CITY MANAGER NaRTH RICHLAND HILLS, TEXAS ~ clry of NORTH RlCHLAND HILLS Department: City Secretary Presented by: Councilman Ken Sapp Council Meeting Date: 2-9-24D9 Agenda No. H.2 Subject: Announcements -Councilman Sapp Announcements Mayor Oscar Trevino received the Northeast Leadership Forum's Distinguished Leadership Award at the group's 18th annual meeting on Friday, January 34th. During the awards presentation, officials thanked the mayor for more than a decade of service to Northeast Tarrant County and for his continued efforts to improve the region's education, health care, transportation, air quality and overall quality of life. The City of North Richland Hills invites local businesses to compete and have fun in the 2449 Companies in Action. Activities begin with a dodgeball tournament on February 28th. For registration information, please contact the Parks & Recreation Department at 817-427-68x4. Join us at the NRH Public Library on Thursday, February 12th for a program that will answer the question "How Do I Get Tax Credits?" This free presentation will begin at 7 p.m. in the Community Room. The Library is located at 9415 Grand Avenue. For more information, please call 817-427-6814. Senior Citizens who would like a discount on their car insurance can take the AARP Driver Safety Program at the Dan Echols Senior Center from noon to 4:44 p. m. on February 16th and 18th. Attendance is required both days. To sign up or get more information, please call 817-281-9267. Kudos Korner Every Caunci/ Meeting, we spotlight our employees for the great things they do. Officers Jesus Garcia, Rick Dena and Dusty Scott, Police Department - An email was received thanking Gfficers Garcia, Dena and Scott for their assistance in removing a young woman from an extremely violent domestic situation. They were very helpful in calming the situation and diffusing the young man's temper. Family members said the officers were a godsend and may have saved the woman's life. c-ry of NaRTH RlCHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 2-9-2DD9 Agenda No. H.3 Subject: Adjournment