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HomeMy WebLinkAboutCC 2009-09-14 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE-COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, September 14, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-086 Neighborhood Revitalization Program Update (15 Minutes) A.3 IR 2009-087 Quad Cities Foundation & Direction Forward (10 Minutes) A.4 IR 2009-088 Update on North Central Texas Council of Governments Sustainable Development Grant Application (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 or Value of Real Property located at the northeast corner of Corona and Rufe Snow for the Rufe Snow Drive Street & Utility Improvements (Karen Drive to I.H. 820) Project B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Purchase or Value of Real Property located in the northern part of the City for the Shady Grove Road Project B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills C.0 Adjournment' Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on September 11, 2009 at ~~' ~J~-~ a'~1: ~ ~~ `' ` I `~ --T- Ass" tan -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. NRH City Council Agenda -September 14, 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, September 14, 2009 7:00 P.M. ------------------------------------------------------------------------------------------------ Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ Library on the Friday prior to the meeting (available electronically) ^ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. ----------------------------------------------------------------------------------------------------- A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) - IR 2009-090 Proclamation Declaring September 14th as Home Depot Day presented by Councilman Lewis A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of the August 7-8, 2009 Council Budget Work Session B.2 Approval of Minutes of the August 17, 2009 Special Council Meeting B.3 Approval of Minutes of August 24, 2009 City Council Meeting NRH City Council Agenda -September 14, 2009 Page 2 of 4 B.4 PW 2009-034 Authorize the City Manager to Sign a Letter of Consent Provided by Texas Midstream Gas Services to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project B.5 AP 2009-01 Consideration of a Request from JB & JB Development, FLP to Approve an Amended Plat of 32 Lots in the Woodland Estates South Addition (Located in the 9200 Block of Martin Drive - 9.016 acres.) C.0 PUBLIC HEARINGS C.1 LRB 2009-01 Public Hearing and Consideration of a Request from Anejo LLC for a variance from the requirement that a fifteen foot landscape buffer be provided adjacent to the Boulevard 26 right-of-way on Lot 2A, Block 1, Northeast Crossing Addition (Located at 9159 Boulevard 26 Suite 300.) C.2 ZC 2009-04 Public Hearing and Consideration of a Request from Joe Gray for a Zoning Change from R-2 Single Family to R-1-S Special Single Family on Tracts 3W, 3W1, and 3U 1, Abstract 1055 (Located at 9216 Amundson Drive - 10.03 acres.) -Ordinance No. 3069 C.3 FP 2009-03 Consideration of a Request from Joe Gray to Approve a Final Plat of Lot 2, Block 1, Majestic Meadows Addition and Developer Agreement for Municipal Infrastructure Costs (Located at 9216 Amundson Dr. - 10.03 acres.) (This item is not a Public Hearing but related to Item C.2) C.4 TR 2009-04 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance. Proposed amendments include updates to Section 118-631 Table of permitted uses, Section 118-714 Visibility sight triangles, Section 118-718 Accessory buildings and structures, and replacing the visibility triangle illustration in Article IX of Chapter 118 - Ordinance No. 3068 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2009-033 Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations of Non-Storm Water Discharges to the City's Storm Drainage System -Ordinance No. 3060 E.2 PW 2009-035 Authorize City Attorney to take Legal Action to Acquire Property for Shady Grove Road Project -Resolution No. 2009-029 F.0 GENERAL ITEMS F.1 GN 2009-063 Adopting the 2008/2009 Revised Budget and 2009/2010 Proposed Budget - Ordinance No. 3065 F.2 GN 2009-064 Adopt the Tax Rate for Tax Year 2009 -Ordinance No. 3066 NRH City Council Agenda -September 14, 2009 Page 3 of 4 F.3 GN 2009-060 Approval and Ratification of the 2009 Certified Roll -Resolution No. 2009-028 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Welch H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter ~51,~ exas Government Code on September 11, 2009 at ~~'~'~~-~~~~'~~ ~ , As ' an 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. NRH City Council Agenda -September 14, 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 820 North Richland Hills, TX 76180 Monday, September 14, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009 086 Neighborhood Revitalization Program Update (15 Minutes) A.3 IR 2009 087 Quad Cities Foundation & Direction Forward (10 Minutes) A.4 IR 2009-088 U date on North Central Texas Council of Governments Sustainable Development Grant Application (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 or Value of Real Property located at the northeast corner of Corona and Rufe Snow for the Rufe Snow Drive Street & Utility Improvements (Karen Drive to I.H. 820) Project B.2 Executive Session: Pursuant to Section 551.072 Texas Government Code to Deliberate the Purchase or Value of Real Property located in the northern part of the City for the Shady Grove Road Project B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorne to Deliberate Settlement Offer on Home Town Urban Partners, Ltd v City of North Richland Hills C.0 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-086 r: ~. '`~ .- Date: September 14, 2009 .,~ Subject: Neighborhood Revitalization Update City staff continues to work towards the City Council's goal in providing quality community development and revitalization in developing a Neighborhood Revitalization Program. It is well established that the availability of quality housing stock encourages the relocation of businesses and attracts new business enterprises within the City, which in turn stimulates growth, creates jobs and increases property and sales tax revenues. With that said, city staff continues to work the intricate details of this new program by providing citizens cash incentives and tax abatement incentives for the increase in the city's taxable value of a residence following any construction or remodeling of their existing home. City staff is also working with home based contractors, Home Depot, non-profit organizations and volunteers in providing our citizens the best deals available. Staff is also reviewing the City of Euless Revitalization Program and will update the City Council at a future date. Staff is also preparing a policy for providing sign toppers for neighborhoods identified in the initial target area. Uadated Timeline: • July - NRH contractors were contacted regarding the program and a list was compiled of those who wanted to participate in this program. • August .- Neighborhood Initiative Program (NIP) CIP and Business Improvement Program (BIG) CIP approved for additional funding. - August 25, 2009 -Home Depot began home make-over project in Area #1. - NRH Newsletter was mailed to citizens announcing the program. • September - Meeting held on Sept. 3, 2009 to finalize procedures with Home Depot. - Schedule meeting with Tarrant County Housing & Development to discuss program and better use of the CDBG funds. - Begin developing NR marketing brochure. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~^ • October - Coordinate meeting with Home Depot and NRH contractor's to go over procedural process. - Final draft of Sign Topper Policy - Finalize/approve NR Program with City Manager - Oct. 26, 2009 - NR Program brought to City Council for approval. - Deliver marketing brochures to homes in Area #1 • November - 1St Stakeholder's meeting - Neighborhood Revitalization Kickoff at Area #1 • January - 2nd Stakeholder's meeting - Begin implementing program In conclusion, through this program we are providing citizens the opportunity to improve both the exterior and interior of their homes. As a result this will help rejuvenate the more mature neighborhoods of North Richland Hills in accordance with Council goals. City Management and Council will continue to be updated by staff as this revitalization program takes shape and details are finalized. Respectfully Submitted, Joann Stout Director of Neighborhood Services INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-087 ~: ~.. ~~~'~, .~ Date: September 14, 2009 -~~ -- :. ~_:_..: _:r Subject: Quad Cities Foundation & Direction Forward '~ The aim of the Quad Cities Foundation was to accelerate the quality and quantity of economic growth by marketing an image that capitalizes on the strengths and shared resources of the common area found within North Richland Hills, Haltom City, Richland Hills and Watauga. Over the past year, members began to examine the purpose of the Quad Cities Foundation. At the same time city members: Questioned the overall effectiveness and return from the city's annual foundation investment Concluded there were different goals and objectives amongst the participating entities Found varying levels of commitment amongst those same entities As such on Wednesday August 19, the members of the Quad Cities Foundation voted unanimously to dissolve the corporation effective September 30, 2009. Upon dissolution, the members agreed that: Participating cities will convene to discuss the feasibility of cooperative efforts aimed at the revitalization of neighborhoods, businesses and infrastructure The Chamber will continue to host informal Economic Development Committee meetings involving the former member cities (NRH, Haltom City, Richland Hills, Watauga) on a quarterly basis to discuss common opportunities and challenges The 4 of July Fireworks event will be managed by the Chamber, with former member cities opting to contribute to the event on an annual basis Meantime, in accordance with the city goals of Quality Community Development & Revitalization, Positive City Image and Targeted Economic Development; the city has become a member of the DFW Marketing Team and plans to market and promote North Richland Hills versus Quad Cities at industry events. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~' The DFW Marketing Team is an alliance of economic development organizations in the Dallas/Fort Worth area that works with location consultants and corporate real estate executives examining the Dallas/Fort Worth region for business relocations and expansions. Member cities participate in all the major commercial industry events and are included in state and regional relocation inquiries. Staff is also in the process of developing materials and information that will be used to promote North Richland Hills at industry events, the first being the ICSC Texas Deal Making Conference in early November. Being the 3rd largest city in Tarrant County, North Richland Hills has its own story and value proposition to tell. Staff is confident that these changes are a progressive step forward. The purpose of this communication is to inform the Council of the action to dissolve the Quad Cities Development Corporation, the continued working relationship with other cities in our Chamber area, and our continued effort to market our community in the business arena. We also seek any suggestions or input you may have on these topics. Respectfully Submitted, Craig Hulse Director of Economic Development INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-088 ,,, ~~'~; : - Date: September 14, 2009 .. ,. -; _ i J ! i :' n`_N Subject: Update on North Central Texas Council of Governments ,,~. Sustainable Development Grant Application Currently the North Central Texas Council of Governments has a Call for Projects under the 2009 Sustainable Development Grant funds. The Regional Transportation Council (RTC) has allocated $40 million in grant funds throughout the region to promote transit oriented development. The Western Subregion's share (Tarrant County's share) of the grant is $12.4 million. Eligible projects would include infrastructure improvements related to sustainable development projects and local sustainable development planning projects. The source of the $12.4M allocated to the Western Subregion for the Call for Projects will be a combination of Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Program Metropolitan Mobility (STP-MM) funds. This means that projects selected for funding will have to contract with TXDOT for implementation and go through the TxDOT design and approval processes. The eligibility requirements for the COG Sustainable Development Infrastructure Project are listed below: • Public infrastructure in the public right of way of a mixed use development. • City must serve as the lead sponsor for the application. • All infrastructure projects must have a vertical building component. • The project must have a secondary private sponsor that is constructing a vertical mixed use component or the City shall act as the private developer. • The maximum amount for a single project is $3 million. • A 20% local match is required for the project. • A maximum of 10% of the total project is eligible for engineering and design. • Grant application is due no later than October 2, 2009. • Grant award will be March, 2010 by the Regional Transportation Council. • Formal agreement is required by City by March, 2011. • Projects must begin construction by March, 2013. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ Realizing that areas around future rail stations such as Iron Horse and Smithfield would be prime candidates for Sustainable Development grant funding, the city proceeded with the rezoning of the Smithfield TOD Area while staff continues to meet with key property owners in the Iron Horse Area. Eligible and Ineligible Project Types: Eligible public infrastructure projects include expanding roadways, intersection improvements, signals, signs, lighting, landscaping, trails, and crosswalks. Ineligible projects include roadway reconstruction, water and sewer lines, burying utilities, parking garages, fountains, building demolition and right of way acquisition. As mentioned above, the sustainable development grant application also requires a public and private letter of support identifying potential private vertical mixed use rp ojects that would be directly benefited by proposed public infrastructure improvements. Currently, the city does not meet this eligibility requirement. Therefore staff believes that the best chance in receiving some grant funds would be to concentrate in the Smithfield Area (since it is now zoned for TOD) and in areas where the city controls the land. This limited our choices down to the proposed Snider Street Extension as shown on the TOD Code and Comprehensive Plan. Staff also included a project to add some streetscape features to Main Street. Both projects are identified below: Main Street streetscape Project Since street reconstruction is not eligible for the grant, staff is recommending a project to add streetscape features to Main Street between Smithfield and Davis Boulevard in accordance with the recently adopted TOD Code. These features would consist of approximately 1,000 feet of improvements on both sides of Main Street. This would include the addition of wider sidewalks and the introduction of tree wells including pedestrian lighting and street furniture. Staff is working with adjacent land owners to seek new private development along Main Street. As mentioned above, the grant only covers 80% of the eligible cost, so the city would be required to pay the remaining 20% eligible cost and 100% of any ineligible costs. Below is the estimated cost breakdown for this project: Total estimated project costs: $500,000 City's Share: $100,000 Snider Street Extension Project The other project recommended by staff consists of the extension of Snider Street north of Main to connect into Davis Boulevard across from Northeast Parkway (see attached map). This 1,600 feet street extension is planned to provide for future connections in the Smithfield area as identified on the TOD Code and Comprehensive Plan. This project also includes an entryway feature on Davis Boulevard and a traffic signal for the new intersection at Davis Boulevard. Total estimated project cost: $2,800,000 City's Share: $560,000 Because of the relatively low funding levels available for this grant and the city currently not having a specific developer and plan ready to implement, staff is not anticipating great success in receiving the grant. But we do have some positives with this site and believe that we have a chance in getting something. If one of these projects is selected staff will need to identify a funding source for the city's share and bring a CI P project back to Council for approval. All projects funded must begin by March 2013 which should fall within a year of the proposed opening of the SW to NE rail corridor being developed by the Fort Worth Transportation Authority. Staff will be seeking a consensus from City Council to proceed with the COG Sustainable Development grant application (requiring a local match of 20% for eligible costs) which includes the Main Street Streetscaping and Snider Street Extension projects. Respectfully submitted, John Pitstick Planning & Development Director ~ornmercial Main Street =~ air. Street ~w~.9 8T2 Sidewalk Parking Crave! Travel '; Parking tree 5idgwal~ BTZ Lane Lane Weld 5' 11' 9' f 0' 10' 9' S' 6` 5 GO' R•0-W Snider Street Extension CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Purchase or Value of Real Property located at the northeast corner of Corona and Rufe Snow for the Rufe Snow Drive Street & Utility Improvements (Karen Drive to I.H. 820) Project CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.072, Texas Government Code to Deliberate the Purchase or Value of Real Property located in the northern part of the City for the Shady Grove Road Project CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.3 Subject: Executive Session: Pursuant to Section 551.071 Texas Government Code to Confer with Attorney to Deliberate Settlement Offer on Home Town Urban Partners, Ltd. v. City of North Richland Hills CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. C.0 Subject: Adjournment City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, September 14, 2009 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Barth A.2 Pledge -Councilman Barth A.3 Special Presentation(s) and Recognitions) - IR 2009-090 Proclamation Declaring September 14th as Home Depot Day presented by Councilman Lewis A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of the August 7-8, 2009 Council Budget Work Session B.2 Approval of Minutes of the August 17, 2009 Special Council Meeting B.3 Approval of Minutes of August 24, 2009 City Council Meeting B.4 PW 2009 034 Authorize the City Manager to Sign a Letter of Consent Provided by Texas Midstream Gas Services to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project B.5 AP 2009-01 Consideration of a Request from JB & JB Development, FLP to Approve an Amended Plat of 32 Lots in the Woodland Estates South Addition (Located in the 9200 Block of Martin Drive - 9.016 acres. C.0 PUBLIC HEARINGS C.1 LRB 2009 01 Public Hearing and Consideration of a Request from Aneio LLC for a variance from the requirement that a fifteen foot landscape buffer be provided adjacent to the Boulevard 26 ri{ght-of-way on Lot 2A, Block 1, Northeast Crossing Addition (Located at 9159 Boulevard 26 Suite 300.). C.2 ZC 2009-04 Public Hearing and Consideration of a Request from Joe Gray for a Zoning Change from R-2 Single Family to R-1-S Special Single Family on Tracts 3W, 3W1, and 3U 1, Abstract 1055 (Located at 9216 Amundson Drive - 10.03 acres.) -Ordinance No. 3069 C.3 FP 2009 03 Consideration of a Request from Joe Gray to Approve a Final Plat of Lot 2, Block 1, Majestic Meadows Addition and Developer Agreement for Municipal Infrastructure Costs (Located at 9216 Amundson Dr. - 10.0.3 acres. This item is not a Public Hearing but related to Item C.2) C.4 TR 2009-04 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance Proposed amendments include updates to Section 118 631 Table of permitted uses, Section 118-714 Visibility sight triangles, Section 118-718 Accessory buildings and structures, and replacing the visibility triangle illustration in Article IX of Chapter 118 -Ordinance No. 3068 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2009 033 Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations of Non-Storm Water Discharges to the City's Storm Drainage System -Ordinance No. 3060 E.2 PW 2009 035 Authorize City Attorney to take Legal Action to Acquire Property for Shady Grove Road Project -Resolution No. 2009-029 F.0 GENERAL ITEMS F.1 GN 2009 063 Adopting the 2008/2009 Revised Budget and 2009/2010 Proposed Budget -Ordinance No. 3065 F.2 GN 2009-064 Adopt the Tax Rate for Tax Year 2009 -Ordinance No. 3066 F.3 GN 2009-060 Approval and Ratification of the 2009 Certified_ Roll -Resolution No. 2009-028 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A ends H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Welch H.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. A.0 Subject: Call. to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. A.1 Subject: Invocation -Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. A.2 Subject: Pledge -Councilman Barth CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Jo Ann Stout Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) - IR 2009-090 Proclamation Declaring September 14th as Home Depot Day presented by Councilman Lewis INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. 2009- 090 ~'~ .K Date: September 14, 2009 ,:, ,.., ~~ `' ~ ~~ Subject: Proclamation Declaring September 14th as Home Depot Day ~~ As City staff begins gearing up for the unveiling of the new Neighborhood Revitalization Program sometime in early 2010, a portion of the program will include community involvement. Staff continues to work with contractors who have businesses in North Richland Hills, large and small companies, and non-profit organizations within our City to gain a commitment from these facilities to offer volunteer services and opportunities for those in need. Monday night at Council meeting, we will be recognizing Home Depot as a great partner in developing this program. Home Depot was contacted several months ago by staff and was informed of the potential impact this program will have on our community and their by-in was immediate and they have already started a positive change in our community. The Neighborhood Services discussed with Home Depot a home in Area #1 that was in need of many repairs. The property owner is elderly and cares for her disabled son. She lives on a fixed income and could not afford the cost to repair her home. Home Depot came to her care. On August 25, 2009, approximately 50 Home Depot employees, on their own time, began replacing rotted wood, old doors and other items and ended that day's work with painting the house, removing an old dead tree and installing new landscaping. Because the home was constructed several years ago, most of the doors and windows were not standard sizes so Home Depot had to special order them. Many top employees from Home Depot participated in this project and they are: • Pete Scalzi -District Manager • Patti Garrison -District HR Manager • Kevin Sutherland -Loop 820 Store Manager • Chad Gross -Mid-Cities Store Manager • Linda VUlson - HR Manager • Sarah Haws - HR Manager • Sara Waldon - HR Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS _..... _~ _ .._.. . __. _... _. _ _Vorth Store Manager • Randy Fix -Amarillo Store Manager • Charlie Webster -Amarillo Store Manager • Darrell Davis -Roanoke Store Manager • Ferdi Mongo - Southlake Store Manager On September 3, 2009, Home Depot completed the home by installing all new windows. The completed project is projected to have cost Home Depot approximately $30,000. The complete unveiling of the Home Depot project will occur during the Neighborhood Revitalization Kickoff Event that will hopefully occur sometime in November. Again Monday evening we would like to recognize Home Depot and their continued support on volunteering their time and cost of materials to assist the City of North Richland Hills in making revitalization a top priority, while encouraging other individuals and businesses to volunteer their time for a great cause. Loop 820 Store Manager, Kevin Sutherland will accept the proclamation with the main coordinator of the project and HR Manager of Home Depot, Linda Wilson. Respectfully Submitted, Jo Ann Stout Director of Neighborhood Services+ 1~IRH CITY OF NORTH RICHLAND HILLS PROCLAl4ATION WHEREAS, the City of North Richland Hills encourages local residents, businesses and volunteers to help in neighborhood beautification and revitalization projects; and WHEREAS, Home Depot is a leader in the business community encourages its employees to. put service above self and to reach out to help those in need; and WHEREAS, in late August and early September the Home Depot Team completed a major home makeover for an elderly North Richland Hills resident who is on a fixed income; and WHEREAS, this much needed makeover included replacing doors and windows, painting, replacing rotten wood, adding new lighting and landscaping; and WHEREAS, the Home Depot Corporate Office provided funding for the project and more than 50 Home Depot employees volunteered their time including District Manager Pete Scalzi, District HR Manager Patti Garrison, North Richland Hills Store Managers Kevin Sutherland and Chad Gross, and store managers from Southlake, Fort Worth, Roanoke and Amarillo and Human Resource Manager and coordinator of project Linda Wilson; and WHEREAS, the Home Depot and its employees are worthy of public recognition and praise for this volunteer project and for their many contributions to our community. NOW, THEREFORE, I, Oscar Trevino, Mayor of the City of North Richland Hills, Texas do hereby proclaim September 14, 2009 as: "HOME DEPOT DAY" in the City of North Richland Hills and urge all citizens and civic organizations to recognize this local business for its continued dedication and service to our community. 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 14th day of September 2009. Oscar Trevino, Mayor CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 9-14-2009 Agenda No. B.1 Subject: Approval of Minutes of the August 7-8, 2009 Council Budget Work Session Recommendation: To approve the minutes of the August 7-8, 2009 Council Budget Work Session. MINUTES OF THE BUDGET WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD AT THE AMERICAN AIRLINES TRAINING AND CONFERENCE CENTER, ROOM M106, 4501 HIGHWAY 360 SOUTH, FORT WORTH, TEXAS, -AUGUST 7-8, 2009 Present City Council: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham City Manager Karen Bostic Assistant City Manager Jimmy Perdue Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Elizabeth Reining Assistant to City Manager Patricia Hutson City Secretary Larry Koonce Director of Finance Mark Mills Director of Budget Mary Peters Public Information Officer Patrick Hillis Director of Human Resources Jennipher Castellanos Budget Analyst Shirley Hoover Financial Analyst Mayor Council Member /Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member Council Member CALL TO ORDER Mayor Trevino called the Council Budget Work Session to order August 7, 2009 at 8:40 a.m. with all council members present. Mayor Trevino announced that the Crime Control and Prevention District Board would meet in conjunction with the City Council Budget Work Session. Mayor Trevino made opening remarks. The Mayor discussed the budget being a tight budget but that it showed appropriate steps had been initiated at the right time to lessen the impact of declining revenues. Mayor Trevino asked Council if they were supportive of the recommended service and program adjustments. Each Council Member commented on the budget document and each was supportive of the recommended adjustments. Throughout the work session staff presented a PowerPoint presentation that provided an overview of the revised and proposed budgets for each fund, the initiatives to be continued from previous years, modifications to existing services and enhancements and highlights of the proposed 2009/2010 Capital Projects Budget. The City Manager began the presentation by discussing budget challenges created by the downturn of the national economy, the current economic climate and how the City is dealing with it. Mr. Cunningham highlighted some of the accomplishments achieved by the Departments the past year. Council was advised the current fiscal year is projected to end with a positive balance. While sales tax numbers have dropped over the past year, sales tax revenues are anticipated to be almost level in 2010 as in 2009 with the City collecting next year approximately $8.4 million in sales tax in the General Fund. Mr. Cunningham advised of budget assumptions used to prepare the proposed budget and reviewed highlights of the proposed budget. The proposed budget provides for a balanced budget maintaining the same level of service to the public, a property tax rate of 57¢, stabilization of sales tax, provides for increased fuel and maintenance costs, meets the goals established by the Council, provides a compensation plan that balances the needs of employees with costs and includes service and program adjustments needed due to the economic situation. Mr. Mills provided an overview of the revised General Fund Budget and the Proposed General Fund Budget. Mr. Mills explained the General Fund and the departments and revenue categories included in the General Fund. A brief overview was provided of the Revised 2008/2009 General Fund Revenues and Expenditures. Mr. Mills discussed the adopted versus revised revenues and expenditures and general fund ending balances, the history of net taxable values, changes in property value, 2009 taxable values and he compared single family property values and sales tax receipts. The proposed 2009/2010 General Fund Revenues were presented. Council was presented with a graph showing the revenue and expenditure categories and percentage for each category. Mayor Trevino requested Staff to provide a graph for each year beginning in 2001 that would show the history of the percentage of change in the categories. Mr. Mills reviewed the adopted versus proposed General Fund revenues and expenditures and highlighted the significant changes. Councilman Lewis advised he would like to receive additional information on the reserve drawdowns -what would normally have been placed , in reserves but was not because of the economic situation. Mr. Mills discussed the proposed tax rate of 57¢ and advised because the rate was below the effective tax rate of $0.588866 and the roll back rate of $0.575776 the City would not be required to hold the two public hearings required by law on the tax rate. Council advised that even though the public hearings were not required, they were in favor of holding a public hearing. Mr. Cunningham presented the following proposed service and program adjustments for the upcoming budget year: • Changes in personnel distributions -several positions have been readjusted among the funds to better reflect workload. • Suspension or reduction of some special events -Recommended for suspension are People & Pet Walk-a-Thou, Pet Photos with Santa and Doggie Dive-in, Autumn Night Concerts, Companies in Action, Discover Project Green and reducing Sounds of Spring from six concerts to four. Also being recommended is combining the Fire, Police and R-Spirit banquets into one event and the suspension of the City's contribution of the Northeast Chamber's Hometown Heroes event and the Black Tie & Silent Auction • Position eliminations -Recommended is the elimination of six full time positions and four part time positions. The elimination of the full time positions can be accomplished without any employees being laid off. • Overtime reductions -Creative scheduling will be used to limit overtime as much as possible. • Reductions in travel and training, pay and benefit adjustments and internal service allocations. Mr. Hillis gave an overview of plans for the City's pay and benefit adjustments. Council was advised ~ that due to economic considerations pay range adjustments and the stability benefit program were suspended in the 2009/2010 budget. Plans are to conduct a market survey in May 2010 to determine pay range adjustments for 2010/2011 and the feasibility of reinstating the stability benefit will be reevaluated next fiscal year. Mr. Hillis discussed recommended changes to the health insurance program to allow the City to maintain the cost sharing target of 80/20 percent approved by Council several years ago. Mr. Hillis discussed the continuation of the eight year phase in option for TMRS at a 2010 contribution rate of 16.10 percent with the same level of benefts for 2010. Council was advised that in May 2009, the City received from TMRS its contribution rate letter notifying the City of three additional actuarial changes made by the TMRS Board which increased the City's ultimate contribution rate from 18.43% to 20.18%. Staff is recommending the suspension of the Supplemental Death Benefit which will lower the City's 2010 contribution rate to 15.90%. Staff is also recommending for Fiscal Year 2009/2010 a temporary reduction of the Merit Pay Program reducing performance incentive to 2%. Mayor Trevino recessed the work session at 11:05 a.m. and called the work session back to order at 11:20 a.m. Mr. Koonce reviewed with Council the Summary of Property Tax Revenue and Distribution and the General Debt Service Fund. Council reviewed and discussed the Budget Summaries. Mayor Trevino asked for Council consensus on the General Fund Budget, the debt service and setting the tax rate at 57¢ per $100 valuation. All members of the Council concurred. Mayor Trevino recessed the work session at 11:40 a.m. and called the work session back to order at 12:40 p.m. Mr. Mills briefly explained to Council the purpose of the Special Revenue Funds consisting of the Crime Control and Prevention District, Park and Recreation Facilities Development Corporation, Promotional Fund, Donations Fund, Special Investigation Fund, Drainage Utility Fund, Gas Development Fund and Traffic Safety Fund. Mayor Trevino announced at 12:45 p.m. that he was recessing the Council Budget Work Session and calling the Crime Control and Prevention District Budget Work Session to order. After the District's Board of Directors discussed the proposed budget, Mayor Trevino adjourned the Crime District Work Session at 1:00 p.m. and called the Council's Budget Work Session back to order at 1:00 p.m. Council reviewed and discussed the remaining budgets for the Special Revenue Funds. Mr. Mills gave an overview of Park and Recreation Facility Development Fund highlighting the revised 2008/2009 Park Fund Revenues and Expenditures and the proposed 2009/2010 Park Fund Revenues and Expenditures. Council concurred with the Park and Recreation Facility Development Fund as presented by staff. Mr. Mills presented the budgets for the Promotional and Donations Funds. There was a suggestion from Council to promote the use of the Donation Fund. Mr. Mills discussed with Council the Special Investigations Fund, Drainage Fund, Gas Development Fund and Traffic Safety Fund. Mayor Trevino asked for a consensus from Council on all of the Special Revenue Funds. Council concurred with the Special Revenue Funds as presented. The Proprietary Funds (Enterprise Funds and Internal Service Funds) were presented to Council. Mr. Mills explained the use of the Enterprise Funds consisting of the Utility Fund, Aquatic Park and Golf Fund. Mr. Mills discussed with Council the revised 2008/2009 Utility Fund Revenues and Expenses and the proposed 2009/2010 Revenues and Expenses. Mr. Mills presented the Aquatic Park Fund highlighting the attendance history of the park and discussing the Revised 2008/2009 Aquatic Park Revenues and Expenses and the Proposed 2009/2010 Revenues and Expenses. Mr. Mills presented the budget for the Golf Course Fund discussing the history of rounds of golf played, the 2008/2009 Revised Golf Course Revenues and Expenditures and Proposed 2009/2010 Revenues and Expenditures. Council concurred with the Enterprise Funds as presented. Mr. Mills presented the Internal Service Funds consisting of the Building Services Fund, Equipment Services Fund, Information Services Fund and the Insurance Fund. Each of the funds was discussed with staff answering questions. Council concurred with the Internal Service Funds as presented. Mr. Koonce advised the Council's auto reimbursement policy provides that the Finance Director is to present annually to Council the activity for the year. Mr. Koonce reported that he had verified all reimbursement forms submitted and reported that everything was within the policy guidelines. The City Council was provided with a list of reimbursements and the verification is on file in the Finance Department. There were no questions from the Council. Mayor Trevino recessed the work session at 2:00 p.m. and called the work session back to order at 2:15 p.m. Council began a review and discussion of the Capital Projects Budget. Ms. Curtis presented the 2009/2010 Public Works Capital Improvements Program. Mr. Curtis highlighted the accomplishments for fiscal year 2008/2009. An overview was given of twenty continuing street projects and nine new street projects for 2009/2010 were presented and discussed. Mr. Curtis updated the Council on seven continuing drainage projects and presented five new drainage projects for 2009/2010. Mr. Curtis also updated the Council on the continuing utility projects and presented six new projects. After discussion and questions from the Council, Council concurred with the Public Works Capital Improvements Program. Ms. Vickie Loftice presented the Park and Recreation Capital Projects Budget reviewing the history and accomplishments of the one-half cent sales tax since inception and highlighting the proposed revenues and expenditures for 2009/2010. Ms. Loftice briefly highlighted the continuing projects and discussed the new projects. Council was advised that the Walkers Creek Park Phase 2 project might be delayed should Council decide to move forward with locating the Senior Services in the new Recreation Center. Council concurred with the Park and Recreation Development Fund Capital Projects Budget as presented. Ms. Loftice presented the proposed 2009/2010 NRH2O Waterpark Budget reviewing the operating history of the park, proposed revenues and expenditures for 2009/2010 and new projects planned for 2010. Mayor Trevino requested that Council be provided along with the Attendance Comparison the number of rain days and average temperature for comparison with the attendance. The Council concurred with the Park and Recreation Capital Projects Budget and the Aquatic Park Budget. Mayor Trevino recessed the work session at 3:50 p. m. and called the work session back to order at 4:05 p.m. Council began a review and discussion of the Municipal Facility Capital Improvements Program for 2009/2010. Mr. Curtis briefly highlighted the completed projects for 2008/2009. The continuing Municipal Facility Projects were highlighted. Mr. Curtis discussed the Concrete Repairs to Fire Station #2 and Mr. Perdue updated the Council on the Animal Adoption & Rescue Center Expansion project. Ms. Loftice provided a brief update on the new Recreation Center. The Permanent Building Maintenance new capital projects consisting of flooring replacement, HVAC replacement and interior / exterior renovations were highlighted. Staff also discussed with Council new projects consisting of an additional City Hall UPS, the Community Center South of Loop 820 and a Generator Upgrade /Replacement for Fire Station 2. Mr. Perdue updated the Council on locating a community center south of Loop 820. Council previously gave direction to staff to proceed with design and cost estimates utilizing the Old Food Lion building at 4131 Rufe Snow with the possibility of adding a dog park at the location. Staff presented to Council the preliminary cost estimates to renovate the building and the additional cost to add a dog park. Staff advised Council that because of the additional cost to add the dog park, it was felt it would not be the best use of resources and that another location south of 820 might be better suited for the dog park. Staff presented Council with options for the building renovation. Phase I would renovate approximately 15,000 square feet and Phase I I would consist of approximately 11,000 square feet of additional space. After discussion, Council was supportive of bidding the entire project with option 2 as an alternate. Council concurred with the 2009/2010 Municipal Facility Capital Projects. Ms. Bostic presented and discussed the Major Equipment Capital Projects consisting of the following continuing and new projects: Continuing Projects: • Aerial/Sign Truck Replacement Unit 604 • Dump Truck Replacement Unit 680 • Fire Engine Replacement Unit 933 • Fire Quint Replacement Unit 931 • Network Infrastructure & Phone System Replacement • Police Mobile Video System Upgrade New Projects: • Ambulance Replacement • Backhoe Tractor/Loader • LenSec Security Camera System • Replacement of Automated Ticket Writers The Council concurred with the 2009/2010 Major Equipment Capital Projects. Mr. Perdue presented the 2009/2010 Economic Development Capital Improvements Program. Continuing projects highlighted were the Boulevard 26 Intersection Improvements, Business Improvement and Growth Program, Commercial Redevelopment Program, Sign Removal Assistance Program and TIF #1 Expansion - Intersection Improvements/Utility Burial. Council was advised of one new project that would provide TxDOT with an impact analysis and schematics to move the Bedford Euless westbound exit approximately 1 /3 mile west utilizing the Davis & Boulevard 26 exit ramp and provide better visibility for commercial property. Councilman Welch was not supportive of moving the ramp and felt it should be further studied. After discussion, Council agreed for Staff to continue to meet with TxDOT and NTE to obtain more information and report back to Council on their findings for further discussion and direction from Council. Council concurred with the 2009/2010 Economic Development Capital Improvements Program. Mr. Perdue briefly discussed with Council the Litter Not Program and Neighborhood Initiative Program. The two programs have been moved to the Capital Improvements Program due to their being amulti-year project. The Council concurred with the 2009/2010 Capital Projects Budget. Mayor Trevino asked for a reconfirmation of Council consensus with all budgets and funds as presented and setting the tax rate at $.57. All Council members reconfirmed their consensus. Mayor Trevino called to Council's attention the budget calendar and dates for the upcoming public hearings. There being no further business, Mayor Trevino adjourned the work session on August 7, 2009 at 5:20 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.2 Subject: Approval of Minutes of the August 17, 2009 Special Council Meeting Recommendation: To approve the minutes of the August 17, 2009 Special Council meeting. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE PRE-COUNCIL CHAMBERS IN THE NORTH RICHLAND HILLS CITY HALL, 7301 NORTHEAST LOOP 820 - AUGUST 17, 2009 - 8:00 A.M. 1. CALL TO ORDER Mayor Trevino called the special meeting to order August 17, 2009, at 8:00 a.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis . Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Patricia Hutson Patrick Hillis Mayor Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager City Secretary Human Resources Director 2. EXECUTIVE SESSION Mayor Trevino announced at 8:00 a.m. that the City Council would adjourn to Executive Session pursuant to the provisions of Section 551.074 of the Texas Government Code to conduct interviews with the candidates for the City Manager position and to deliberate the appointment and employment of the City Manager. 3. ACTION ON ANY ITEM LISTED UNDER EXECUTIVE SESSION Mayor Trevino adjourned the Executive Session at 1:57 p.m. and in open session advised there would be no action on the Executive Session item. 4. ADJOURNMENT Mayor Trevino adjourned the meeting at 1:57 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. B.3 Subject: Approval of Minutes of August 24, 2009 City Council Meeting Recommendation: To approve the minutes of the August 24, 2009 City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820 -August 24, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 24th day of August, 2009 at 5:45 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council, Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard 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 City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mark Mills Budget Director Greg VanNieuwenhuize Assistant Public Works Director Caroline Waggoner Public Works Engineer Jamie Brockway Purchasing Manager Laury Fiorello Assistant Finance Director Patrick Hills Human Resources Director . Kyle Spooner Information Services Director Call to Order Mayor Trevino called the work session to order at 5:45 p.m. A.0 Discuss Items from Regular City Council Meeting Agenda Item F.1, PU 2009-031- Mayor Pro Tem Turnage questioned the award of professional audit services. Laury Fiorello, Assistant Finance Director advised that after careful view of each firm the committee felt that Deloitte and Touche, LLP offered the best services for the money and had the staffing to perform the job. Mayor Trevino advised that a letter was received from CenterPoint Church with regard to Agenda item C.2, ZC 2009-05. John Pitstick, Director of Planning and Development advised that he and Mike Curtis, Managing Director had met with the church representatives. An agreement was reached to reduce the buffer to 50 feet and therefore reducing the overall acreage of the rezoning to 278 acres. This change would need to be reflected in the motion for the upcoming item. 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: Personnel Pursuant to Section 551.074, Texas Government Code to deliberate the appointment and employment of the City Manager Mayor Trevino announced at 5:49 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.074 to deliberate the appointment and employment of the City Manager. C.0 Adjournment Mayor Trevino announced at 6:09 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order August 24, 2009 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Mayor Scott Turnage Mayor Pro Tem, Council, Place 6 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff: Larry J. Cunningham City Manager Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - YARD OF THE MONTH AWARDS PRESENTED BY COUNCILMAN WELCH Justin Welborn, Keep NRH Beautiful Commission Member and Councilman Welch recognized the following yard of the month recipients for August: Jay Cornelius, 3800 Park Oaks Court; Robert Bergerson, 4317 Lynn Terrace; Melanie Dooley, 6317 Riviera Drive; Joyce Brewer, 7241 Green Meadow Drive; Beverly Sims, 4904 Nevada Trail; Judy Jenkins, 6517 Yarmouth Avenue; Susan Graves, 7005 Leaning Oak Drive; Charles B. Kilgore, 6708 North Park; Paul Timmons, 7624 Silverleaf. Loeffler's European Automobiles, Inc., 5935 Davis Blvd was recognized as the August Business Landscape Winner. A.4 SPECIAL PRESENTATION(S) AND RECOGNITIONS) - RECOGNITION OF UPGRADE IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S COMMUNITY RATING SERVICE Mike Curtis, Managing Director and Mayor Pro Tem Turnage joined Rob Connell, Natural Hazards Program Specialist with FEMA Region 6, who recognized the City of North Richland Hills with a plaque for a recent upgrade from a Class 7 to Class 6 community. Only four communities with the State of Texas have a higher rating than North Richland Hills. A.5 CITIZENS PRESENTATION None. A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF AUGUST 10, 2009 CITY COUNCIL MEETING B.2 PW 2009-031 AWARD OF PROJECT RFB NO. 09-034 TO PROCON PAVING & CONSTRUCTION IN THE AMOUNT OF $295,664.00 FOR THE CONSTRUCTION OF THE NEWMAN /WINTER PARK / AMUNDSON WATER LINE PROJECT (UT0707) COUNCILMAN LOMBARQ MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. . PUBLIC HEARINGS C.1 TR 2009-03 PUBLIC HEARING AND CONSIDERATION OF AMENDING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF NORTH RICHLAND HILLS BY REVISING THE TRANSIT ORIENTED DEVELOPMENT CODE AND UPDATING THE COMPREHENSIVE LAND USE PLAN MAP -ORDINANCE NO. 3061 APPROVED Mayor Trevino opened the public hearing and called on John Pitstick to present the item. Mr. Pitstick, Planning and Development Director summarized the item. As a result of continued discussions with property owners staff has consolidated the Mixed Use Criteria into Commercial, Residential, Open Space and Other and also removed the requirement for any residential in the mixed use character zones. Previously the TOD Code identified Retail/Restaurant and Office as separate land uses for mixed use percentage requirements. Retail, Office and Restaurant uses are now being included as a single Commercial use in relation to the mixed use criteria requirement. The other change is an update to the Comprehensive Land Use map. The City Council at the June 8, 2009 Public Hearing voted unanimously to approve the TOD Code but left Mr. Jim Makens, Mr. Dan Smalley and Mr. Rick Work's properties out of the Comprehensive Plan map changes at their request. However, since Mr. Makens is in the process of selling his property to the City of North Richland Hills, staff is including this property back in the Smithfield TOD area as part of the revised Comprehensive Plan map. Mr. Smalley's and Mr. Work's properties are still left out of the Iron Horse TOD area on the Comprehensive Plan map. Staff is continuing to meet with Iron Horse property owners and is hopeful that a consensus can be reached with these property owners in the near future. At that time staff can come back for the rezoning of the Iron Horse area. The Planning & Zoning Commission recommended approval of TR 2009-03 by a 6-0 vote. Mayor Trevino called for anyone wishing to speak for or against the request to come forward . There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. ~QUNGILMAN LQMBARD MQVEQ TO APPRQVE TR 2009-03~ ORDINANCE N'Q. 30fi1. ~OUNGILMAN VIIELCH SEGQNDED THE MQTION. MQTtaN TO APPROVE CARRIED 7-0. C.2 ZC 2009-05 PUBLIC HEARING AND CONSIDERATION OF REZONING APPROXIMATELY 279 ACRES IDENTIFIED ON THE NORTH RICHLAND HILLS COMPREHENSIVE LAND USE PLAN AS THE SMITHFIELD TRANSIT ORIENTED DEVELOPMENT DISTRICT -ORDINANCE NO. 3064 APPROVED Mayor Trevino opened the public hearing and called on John Pitstick to presented the item. John Pitstick, Planning and Development Director summarized the item. Public notices have been sent out to a total of 431 separate property owners for the rezoning of the 279 acres of land within the designated Smithfield TOD area. One hundred and fifteen (115) property owners are within the 279 acres. An additional 316 property owners notified are within 200 feet of the proposed Smithfield rezoning. The Planning & Zoning Commission recommends approval by a 6-0 vote. Staff has recently met with Centerpoint Church representatives and have come to an agreement on the rezoning of the church's property within the TOD area. The agreement consists of reducing the buffer from 200 feet to 50 feet which would reduce the overall acreage for the district to 278 acres. Mayor Trevino called on Pastor Jay Brewer with Centerpoint Church to come forward for comments. Pastor Brewer advised that the Church was in favor of the overall intent of the district but was concerned about the hardships it would cause the master plan already set by the church. The Church was concerned with the depth of the overlay but with the adjustment agreed to with staff, the Church would like to participate in the project. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE ~C 20O9-E}~ REZONING 27$ ACRES OF LAND IN THE SMITHFIELD TOD DISTRICT AND APPROVING ORDINANCE NO. 3~fi1 WITH THE ACREAGE AND BUFFER CORRECTION TO EXHIBIT A. COUNCILMAN BARTH SECONDED THE. MOTION. MOTION TO APPROVE CARRIED 7-Q. Scott Polikov, Gateway Planning Group presented John Pitstick and Mayor Pro Tem Turnage with a framed StarTelegram news article on the Smithfield TOD in order to memorialize the vision. C.3 GN 2009-059 CONDUCT PUBLIC HEARING ON PROPOSED 2009-2010 BUDGET Mayor Trevino opened the public hearing on the proposed 2009-2010 Budget. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation highlighting the proposed Annual Operating Budget for all funds and the Capital Improvements Budget. Mr. Mills highlighted the revenues, expenditures and service enhancements for all funds and presented highlights of the capital projects proposed in the Capital Budget. The proposed budget will be recommended for adoption at the September 14 Council meeting. Mayor Trevino asked for public comments on the proposed 2009-2010 Proposed Budget. There being no one wishing to speak, Mayor Trevino closed the public hearing. C.4 GN 2009-058 CONDUCT A PUBLIC HEARING ON PROPOSED TAX RATE Mayor Trevino opened the public hearing on the proposed tax rate for fiscal year 2009- 2010. Mr. Mark Mills, Budget Director, presented a PowerPoint presentation, giving an overview of the proposed tax rate. Mr. Mills discussed the history of net taxable values, a breakdown by tax year of appraised values, and changes in property values. The proposed tax rate for Fiscal Year 2009-2010 is 57¢. If adopted, the 57¢ tax rate will have been maintained for 17th consecutive years. Mr. Mills advised that because the proposed tax rate of 57¢ is lower than both the effective tax rate of 58.8866¢ and the rollback rate of 57.5776¢, the two public hearings are not required by law. However, to foster open communication and transparency, the City of North Richland Hills will conduct a single tax rate public hearing on Monday, August 24, 2009. Mayor Trevino asked for public comments on the proposed 57¢ tax rate. There being .no one wishing to speak, Mayor Trevino closed the public hearing and announced that the Council will adopt the tax rate at the 7:00 p.m. September 14, 2009 Regular Council meeting to be held in the Council Chambers in City Hall. PLANNING & DEVELOPMENT D.1 Items to follow do not require a public hearing No items for this category. PUBLIC WORKS E.1 PW 2009-032 APPROVE ORDINANCE AMENDING CHAPTER 102, ARTICLE 2 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, AMENDING REGULATIONS TO FEMA IDENTIFIED FLOOD HAZARD AREAS - ORDINANCE NO. 3063 APPROVED Mr. Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. The Federal Emergency Management Agency (FEMA) is currently in the process of a nationwide conversion of existing Flood Insurance Rate maps (FIRMs) into Digital Flood Insurance Rate Maps (DFIRMs). In October of 2007, FEMA released, for public review, the revised preliminary DFIRMs (digital maps) for the City of North Richland Hills. FEMA provided atwo-month review period to allow entities who had the appropriate technical data to appeal/protest these Preliminary DFIRMs prior to any formal adoption of the DFIRM. The City of North Richland Hills officially submitted five (5) protests to FEMA for review. All but one of these protests was approved, and the Preliminary DFIRMs were revised accordingly. Upon the conclusion of the appeal and protest period, the appropriate map changes were incorporated into the DFIRMs and FEMA issued a Letter of Final Determination on March 25, 2009 to this affect. This Letter of Final Determination required entities that desired to remain in the National Flood Insurance Program to adopt these DFIRMs prior to or on their effective date of September 25, 2009. Staff is recommending approval of Ordinance No. 3063. COUNCILMAN L©MBARD MOVED TO APPROVE PU 2009-032; ORQINANCE NO. 3063. COUNCILMAN WHITSON SEGONQEQ THE MOTION. MOTLON TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 PU 2009-031 AWARD RFP NO. 09-038 FOR PROFESSIONAL AUDIT SERVICES TO DELOITTE AND TOUCHE LLP APPROVED Laury Fiorello, Assistant Finance Director presented the item. Item is to consider the award of a professional audit services contract. The City requested Requests for Proposals in accordance with city policy and proposals were received from three firms. The City's selections committee reviewed and evaluated the proposals and is recommending award for professional audit services to Deloitte & Touche, LLP. COUNCILMAN LEWIS MOVED TO APPROVE PU 20..09-031. COUNCILMAN WHITSON SEGONQED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2009-062 APPROVE SETTLEMENT OF ATMOS ENERGY RRM FILING - ORDINANCE NO. 3062 APPROVED Karen Bostic, Assistant City Manager summarized the item. On March 6, 2009, Atmos Energy Mid-Tex Division ("Atmos") filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. The March RRM filing sought a $20.2 million rate increase. The RRM process was created collaboratively by the Atmos Cities Steering Committee ("ACSC") and Atmos Mid-Tex as an alternative to the Gas Reliability Infrastructure Program ("GRIP") surcharge process. The RRM process allows for a more comprehensive rate review and annual adjustment that will function as a substitute for future GRIP filings during the three-year trial period specified by the tariff. The City of North Richland Hills, along with 150 other cities served by Atmos Energy Mid-Tex Division is a member of the Atmos Cities Steering Committee. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. As a result of the negotiations, ACSC was able to reduce the Company's requested $20.2 million RRM increase by more than 70%. The RRM tariffs did approve rates that will increase Atmos' revenues by $2.6 million effective for bills on or after August 1, 2009. The monthly bill impact for the average residential customer will be a $0.15 increase (about a 0.22% increase in the total bill). The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission of Texas ("RRC") on Atmos' current application. This would take several months and cost ratepayers millions of dollars in rate case expenses and would not likely produce a result more favorable than that to be produced by the settlement. The ACSC Executive Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. MAYOR PRO TEM TU'RNAGE MOVED TO APPROVE ORDINANCE NO. 3Ofi2. COUNCILMAN SAPP SECONDED THE M'OTION,. MOTION TO APPROVE CARRIED 7-0. . E.3 GN 2009-061 CONSIDER APPOINTMENTS TO ECONOMIC DEVELOPMENT ADVISORY COMMITTEE APPROVED Craig Hulse, Economic Development Director presented the item. The Economic Development Advisory Committee has five members whose terms expire August of 2009. All five members have expressed their willingness to continue service on this committee for another two years (expiring August 2011). Therefore, the Economic Development Department recommends the Council consider the reappointment of: Janet Golightly -- Golightly's Gallery Tom Hervey -- Alan Samuels Dodge & Hyundai John Hunter -- HealthMarkets Jim Makens -- The Makens Company Mike Rigby -- Liberty Bank COUNCILMAN WHITSON MOVEQ TO APPROVE GN 20Q9-Q61. COUNCILMAN WELCH SECONDED THE MQTION. MOTION TO APPROVE CARRIE[~ 7-Q. EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPOINTMENT OF CITY MANAGER AND APPROVAL OF EMPLOYMENT CONTRACT APPROVED Mayor Trevino announced that during executive session Council had deliberated the appointment and employment of the City Manager. MAYQR PRp TEM TURNAGE MQVED TQ APPROVE THE EMPLOYMENT CONTRACT AND APPQINTMENT.OF MARK HINDMAN. COUNCILMAN WHIT~QN SECQNDEQ THE MC?TION. MOTION T4 APPROVE CARRIEQ 7-Q. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. The new school year has begun and all motorists share the responsibility of making sure students arrive to school safely. The City of North Richland Hills reminds drivers to slow down in neighborhoods where children are walking, riding bikes or waiting for the school bus. Please remember to stop for school buses and to reduce your speed in school zones. The North Richland Hills Public Library is offering a free Quilting Program at 7 p.m. on Thursday, September 3rd. Sharon Allred-Haire, who has taught quilting classes for nearly 30 years, will be presenting tips and techniques for quitters in the Community Room. The Library is located at 9015 Grand Ave. For more information please call 817-427-6814. City Hall and other non-emergency City offices will be closed on Monday, September 7th, in observance of the Labor Day holiday. NRH2O and Iron Horse Golf Course will be open. Garbage and recycling will not be collected on Labor Day. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. Kudos Korner - Delton Webb, Public Service Officer, Police Department. An e-mailed was received from a resident who experienced car trouble on a North Richland Hills street. The resident said Officer Webb arrived and directed traffic around the disabled vehicle until a tow truck arrived. He also assisted in getting the vehicle hooked up to the tow truck. He was friendly, courteous, professional and informative and the resident appreciated his assistance very much. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:47 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 9-14-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. B.4 Subject: PW 2009-034 Authorize the City Manager to Sign a Letter of Consent Provided by Texas Midstream Gas Services to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project The "Water Line (Holiday Lane and Iron Horse Boulevard)" Project is identified in the Capital Projects Budget as Project No. UT0806. The project consists of the installation of approximately 8,500 linear feet of 16 inch diameter water transmission main along Holiday Lane and Iron Horse Boulevard between Mid-Cities Boulevard and Janetta Drive. The alignment of the water main is such that it will cross two (2) gas pipelines and the DART rail line. Since the gas pipelines are in easements that are proprietary to any easements or Rights-of-Ways that the City has at the proposed crossing locations, the City must have the permission of the gas pipeline companies prior to any construction within the gas pipeline easements. Public Works staff and the design engineer (URS/LopezGarcia Group) worked with representatives of both of the gas pipeline companies to obtain permission for the new water main crossing. Both companies, Texas Midstream Gas Services (TMGS) and Sunoco, have indicated that the location and elevation of the proposed water main as designed by URS/LopezGarcia Group is acceptable. While Sonoco does not have a formal approval process for the approval of the new water main crossing, TMGS requires that the City sign their "Letter of Consent". The "Letter of Consent", stipulates the terms under which the water main construction is allowed to take place. Specifically, this document states: • NRH recognizes the rights of the gas pipeline's easement holder • Limits of improvements allowed within the easement • NRH holds TMGS harmless from any liability associated with the construction, maintenance and repair of the proposed 16 inch line • Open-Cut methodology is permitted • Minimum vertical clearance and surface restoration requirements This document is required before construction can begin within the easement. This document has also been reviewed by the City Attorney. The project is currently in the bid evaluation phase, as the Bid-Opening date was August 27, 2009. Recommendation: Authorize the City Manager to Sign a Letter of Consent Provided by Texas Midstream Gas Services to Accommodate the "Water Line (Holiday Lane and Iron Horse Boulevard)" Project Water Line (Holiday Lin and Iron Horse.Blvd) Texas Midstream Gas Services ¢~~g-^"~~ }~~{~~~F' `^~3x~r rpq~~p~,~q~~ ~~~~~ ~~~~ir g~~pg,t5-gry~~~r~ mill {~~°gr3~~yp~~~~~~~i.3}~~~~~~~~ ~r~ 4..& d:k. :. i~.F ! ~;~~kk F~ ~« T~..~ ~3_'6.€~~i.~ ~~b„ F ~9€~~£ LI Fk«. ~~~~` f ~l.. 'l' tir ~~~~ ~k..134. `°~~~ ~p ~~~~~yypfi~§~tt~~ ~°p~~ ~~' ~~ ~~;.~~~i l' yF~£~;~}~ ~~i:r~ i~',°~~ ~;gp~~ry~+v ~'~y~ r~"q~~~~E~ ~~~r~r~r$''~~ ~~.~: ~k.~'v.4,.•7 E„~F ~S ~~~ ~..~`S=~~~~YE ~~P~~ ~T~. ~~x~ rm~'~. sea '~~'i:;,e.d ~o~.P~ 'lr ~.«~ ~~.. ~#jwd"~3k..~3:ka~~r.. ~~ i~4«~1~~:~f'4 ~s'~i~~~,:: h.?:# ~~~IRE ~ ~~~~~ .TS~{: ~~. i'~T~ ~F.A.9 3: $.~*~~~~£;~::1 ~~3: ~4.r'?w£ i~t~e~3 ~ ~r~§ L:..3~~~ ~~~}~~ -+~.',^`.k ~~.~~ €~ ~~ ~"~~~~ ~ :~' 1 ~:. off.,. ~`~~ ~~. ~~~' Ir` " ~, ~ • ~~ ~; ~~1:. Exhibit A CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 9-14-2009 Presented by: Eric Wilhite Agenda No. B.5 Subject: AP 2009-01 Consideration of a Request from JB & JB Development, FLP to Approve an Amended Plat of 32 Lots in the Woodland Estates South Addition (Located in the 9200 Block of Martin Drive - 9.016 acres.) Case Summary: The applicant, JB & JB Development, FLP, represented by Long and Associates, is requesting to amend the final plat for this development that was approved by the City Council in February 2009. The intended purpose of the amended plat is to establish needed Oncor easements on various lots based on the electrical service layout. Franchise utility companies will occasionally not have the utility layout complete at time of final plat approval and/or the layout and design of the utility changes. The changes to this amended plat include new easements needed for both transformer locations and street lighting. Staff Review: The Development Review Committee has reviewed the submittal and has determined it to be complete and ready for Planning and Zoning Commission and City Council agendas for consideration. Planning & Zoning Commission Recommendation: Approval of amended plat by a 6-0 vote. Staff Recommendation: To uphold the recommendation of the P&Z and Approve amended plat--AP 2009-01. Review Schedule: Application: 7/17/09 Final Hearing: 9/14/09 Staff Review: 2 weeks Applicant Revision Time: 1 week Scheduling Time: 5 weeks Total Review Time: 8 weeks LOCATION MAP 1~ ~ ~ AERIAL Amended Plat Exhibit EXCERPT FROM THE MINUTES OF THE AUGUST 20, 2009 PLANNING AND ZONING COMMISSION MEETING AP 2009-01 Consideration of a Request from JB & JB Development, FLP to Approve an Amended Plat of 32 Lots in the Woodland Estates South Addition (Located in the 9200 Block of Martin Drive - 9.016 acres.) Charles Schultz, 1615 Precinct Line Road, Hurst, Texas came forward representing Long and Associates. Mr. Schultz stated that the purpose of the plat is to add easements for Oncor, the screening wall along Martin Dr, and a drainage easement at the north end where a storm drain was installed to serve the Shady Grove Baptist Church property. Eric Wilhite came forward and reiterated what Mr. Schultz stated. Mr. Wilhite stated that this is a straight forward amended plat for the purpose of adding easements for Oncor. The plat is consistent with the previously approved final plat that went through City Council. Also included on the amended plat is a note that is visible on the lower right that delineates the purpose for the amended plat. This will make it easier in the future for someone to recognize why the amended plat was done. The amended plat meets all the amended plat subdivision rules and regulations and Staff recommends approval. Don Bowen seconded by Mike Benton, motioned to approve AP 2009-01. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 9-14-2009 Presented by: Eric ~Ihite Agenda No. C.1 Subject: LRB 2009-01 Public Hearing and Consideration of a Request from Anejo LLC for a variance from the requirement that a fifteen foot landscape buffer be provided adjacent to the Boulevard 26 right-of-way on Lot 2A, Block 1, Northeast Crossing Addition (Located at 9159 Boulevard 26 Suite 300.) Case Summary: This is a hearing of the Landscape Review Board and Council will need to convene as the Landscape Review Board in hearing this item. Following action of the LRB, then resume as a Council. The applicant is proposing to construct a Mexican cuisine eating establishment at the above location. This property was previously occupied by Ivey's. The applicant's proposed development includes a significant outdoor patio eating area along the side of the structure adjacent to the Boulevard 26. The recent right-of--way acquisition by TXDOT for the future widening of Boulevard 26 has created a hardship for the property owner by reducing the distance from the edge of the structure to the new right-of--way line. Now there is not enough space to construct the planned patio area without encroaching into the 15 feet landscape buffer. Even though the TXDOT right-of-way acquisition significantly reduced the proposed area, there is still sufficient area to construct the outdoor patio if the encroachment is allowed. Staff Review: The applicant will commit to a level of quality in the design and vertical hardscape elements including fountains, iron fencing and patio areas. Please see attached concept drawings. Staff supports this request due to the hardship created by TXDOT right of way and the high quality of design in the patio elements. Ten (10) feet of the required landscape buffer is requested to be in hardscape patio elements. Staff would consider the patio elements as being consistent with the landscape setback requirements. One concept drawing indicates a large "A" logo on the outside of a proposed masonry fireplace setting that we assume identifies the Anejo business brand. Any of these elements should be required to meet the sign ordinance size requirements or be displayed as artwork and not formal branding of this business. Variance Requested by this Plan • A variance to permit encroachment of ten feet for approximately 66 feet wide into the required fifteen feet landscape buffer as noted on the attached exhibit. Staff is in support of this request due to a hardship created by right of way required by TXDOT. Recommendation: Due to a hardship created by right of way required by TXDOT, it is recommended that the requested variance be approved and the required landscaped area be built with high quality patio elements in a landscaped setting as indicated on the concept drawings. LOCATION MAP L---. v Li~ \\~~ a D~~ ~~ ~- ... r ~~ ~. -,~ Suite 3a0 City of Hurst AERIAL MAGNIFIED AERIAL LETTER FROM APPLICANT 3 ~,~~ .. ~~~. ~+ ``~ .~ ~ °re 1~J'tR7~ ~. 1~Q~L~ ~1To~~h 1~~nd ,GIs, T'~xas 7~,~ $i~ ~~eJcYr,ot.~c orr~ August 2S~ 2009 City ~auncil "~3011~.E. Laap $210 1~Tarth Rirhlarid Bills, TS '~ 180 Dear Cauruil Ikdembers, Z,JIy r is $ rian Papal acid I ward to at~'er yvu a quick des cripti,oal of ~~rhat the .finished project will look liloe if granted a laruds capir~ v~ri,ai~ce for the Aiveja Pati,a, The fiz; t thing I would like to paint oat is that the conceptual drawir~ of the patio mill simply rot da justi~oe to the actual pmoject. ~J4~e are creating an ohs abate outdoor paradise far our patraa~s and the city ~' hTarFh Ptirl,l arrl Hills to enjoy. ~Okir patio area will cans ist of a ~M;~., m of two beautiful fire features and at least two water features with chaalgir~ fiber optic lights, b eautifal native Texas stores, b eautifirl lighting of xistir~ trees, additional planted trees, multiple landscaping areas, patches afpatbem,ed concrete, down ligktts anallwalkways grid steps, native plaalts, back lit onyx marble accer~s etc. At least three eut.~'faur ot'the main features will b e place within the variance area s a they are very vis~b le to Blvd 2~. All I can da is pronvse the final pmaduct will greatly accede everynm~e exgectatians grid it will. be much mare b eaoatiful than what can be put down oat paper. I lack forward to acceding yorr expectaticros in everyway im,a~ginab le . e sin,oerely hope you will grant this landscaping vatiaiue requ~es t s a this patio area and Areja canb ecorre a reality. ~+~ithout it th,e urused area will ga to waste acid will shrink air patio area to the paant ,blreja will be forced to find another location. It wrnild be a shaxi~e if the full potential off' such a unique s ituatian were root realised. brat b eirRg able to aamplete this project would b e devastating to us, but if you are sa kirud as to grant us a lan,dscapin~ variance we will put it to goad us a and I assure yrou that you will be delighted with the outcome. S irucerely, Brian L Paul President ,~reja LLC Exhibit Conceptual Renderings PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND - _ _S LANDSCAPE REVIEW BOAR J (CITY COU ~C _) Case #: LRB 2009-01 Applicant: Anejo LLC Location: 9159 Boulevard 26, Suite 300 You are receiving this notice because you are a property owner of record within 200 feet of the property listed above and shown on the attached map. Purpose of Public Hearing: Anejo LLC is requesting a variance from the requirement in Section 114-71 (g) of the City of North Richland Hills Code of Ordinances that a fifteen foot landscape setback be provided adjacent to the Boulevard 26 right-of--way on Lot 2A, Block 1, Northeast Crossing Addition. Public Hearing Schedule: Public Hearing Date: LANDSCAPE REVIEW BOARD (CITY COUNCIL) MONDAY, SEPTEMBER 14, 2009 Time: 7:00 P.M. Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Gateway Grant Inc Kohl`s Department Store #3fi8 Mega Life & Health fns Co & Emmes Aset Mgmt Go LLC 9001 Hawk Ave 9151 Grapevine Hwy 420 Lexington Ave Rm 900 NRH Tx 76180-0000 NRH Tx 76180~5fi05 New York Ny 10170-0999 City ofi Hurst Planning and Zoning 1505 Precinct Line Road Hurst, Texas 7fi054 CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 9-14-2009 Presented by: Eric Wilhite Agenda No. C.2 Subject: ZC 2009-04 Public Hearing and Consideration of a Request from Joe Gray for a Zoning Change from R-2 Single Family to R-1-S Special Single Family on Tracts 3W, 3W1, and 3U 1, Abstract 1055 (Located at 9216 Amundson Drive - 10.03 acres.) - Ordinance No. 3069 Case Summary: The applicant, Joe Gray is requesting a zoning change on a 10.033 acre platted lot from R-2 (Single Family) to R-1-S (Special Single Family). The Grays currently have asingle-family structure with a detached garage and out buildings. Their intention is to relocate a large stone barn structure that is currently located on an adjacent property that was recently zoned for an RI-PD residential project and will soon be going under development. Current regulations require that in order to have an accessory building larger than 500 square feet the property must be R-1-S or AG. This structure is approximately 1260 square feet. Plat Status: A preliminary and final plat associated with this property is being processed concurrently with this zoning change request. Existing Site Conditions: A residential structure and an accessory building are located on the site. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The lot has frontage on Amundson Drive which is designated as a C4U undivided Major Collector. Surrounding Zoning /Land Use: North: R'-3/ Residential West: R-2/ Residential South: R-2 /Residential East: RI-PD /Vacant Planning & Zoning Commission Recommendation: Approve zoning request to R-1-S by vote of 6-0 Staff Recommendation: To uphold the Planning & Zoning Commission and Approve Zoning Change request ZC 2009-04-Ordinance 3069. Review Schedule: Application: __ 7/20/09 Applicant Revision Time: 1 week Final Hearing: 9/14/09 Scheduling Time: 6 weeks Staff Review: 1 week Total Review Time: 8 weeks LOCATION MAP AERIAL ._ r, •A r ~ '^,1 fv PROPERTY OWNER NOTIFICATION ~~"L NOTICE OF PUBLIC HEARING ~~~' ~: CITY OF NORTH RICHLAND HILLS :x .~ ~~ PLANNING AND ZONING COMMISSION ~.. ~ ~•T~YAS AND CITY COUNCIL Case #: ZC 2009- 04 Applicant: Joe Gray Location: 9216 Amundson Drive 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 to consider a request from Joe Gray for a zoning change from R-2 Single Family to R-1-S Special Single Family on ten acres known as Tracts 3W, 3W1, and 3U1, Abstract 1055 located at 9216 Amundson Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, AUGUST 20, 2009 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, SEPTEMBER 14, 2009 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department -City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Sarah J Magallanes Matt Etux Ruth Childers Roy Etux Sue Sullins 6804 Nob Hill Dr 6709 Nob Hill Ct 12319 Havelock Dr N Richlnd Hls Tx 76182-4344 N Richlnd Hls Tx 76182-0000 Austin Tx 78759-3021 David Rossberg Darrell L Etux Jeanie L Jones Sammy W Etux Billie J Morrow 6805 Nob Hill Dr 6809 Nob Hill Dr 6813 Nob Hill Dr NRH Tx 76182-4343 NRH Tx 76182-4343 NRH Tx 78162-4343 Joe E Etux B Carole Steadham Current Owner Michael E Etux Debra Wright 6808 N Oaks Dr 6$13 North Oaks Dr 6709 Brazos Bend Dr NRH Tx 76182-4355 N Richland Hills, TX 76182 NRH Tx 76182-4371 David Etux Rene Mascrang Eric J Etux Dee Ann Grider Bradford Etux Nina Barron 203 Quillin Ct 6701 Brazos Bend Dr 6800 Brazos Bend Dr Colleyville Tx 76034-7269 NRH Tx 76182-4371 Fort Worth Tx 76182-4367 Stanley C Etux Deborah Grubbs Eugene D Etux Cheryl B Provan Kenneth D Jr Etux S J Frank 6804 Brazos Bend Dr 6808 Brazos Bend Or fi812 Brazos Bend Dr NRH Tx 76182-4367 NRH Tx 76182-4367 NRH Tx 76182-4367 John Etux Cynthia Knott Jean Etvir Joseph Lisowski Thomas K Etux Holly D Copher 6816 Brazos Bend Dr 6900 Brazos Bend Dr 6904 Brazos Bend Dr NRH Tx 76182-4367 N Richland Hills Tx 76182-4369 N Richlnd Hls Tx 76182-4369 Susan Ellen Vinson Michael Etux Cheryl Vanbebber Virginia Copher 6908 Brazos Bend Dr 6912 Brazos Bend Dr Htlk Family Trust N Richlnd Hls Tx 76182-4369 NRH Tx 76182-4369 8017 Wild Horse Or NRH Tx 76180-4318 Eva Jean Callann Gharles S Etux Kristy D Oneal Kenneth R Etux Aurora Green Revoc Living Trust 9013 Wild Horse Dr 6901 Brazos Bend Dr 9017 Wild Horse Dr NRH Tx 76182-+4318 NRH Tx 76182370 NRH Tx 76182-4318 Annette REubanks-Antoine Lance M Etux Kim K Summers Johnny M Etux Patrici Stanley fi905 Brazos Bend Dr 6909 Brazos Bend Dr 6817 Brazos Bend Dr NRH Tx 76182370 N Richlnd Hls Tx 76182-4370 N Richlnd Hls Tx 76182-4368 Manfred Etux Renate Wagner Jody S Etux Alicia A Jones Jennifer Dawn Peterson 6813 Brazos Bend Dr 6809 Brazos Bend Dr 6805 Brazos Bend Dr NRH Tx 76182-4368 NRH Tx 76182-4368 NRH Tx 761824368 Joe E & Edith C Gray Christopher Etux Teri Naya J A McDaniel Gray Revocable Living Trust 6801 Brazos Bend Or 6713 Brazos Bend Dr 9216 Amundson Dr NRH Tx 76182-4368 Fort Worth Tx 76182-4371 Fort Worth Tx 76180-4301 Crane Hoa Inc 9005 Wild Horse Dr NRH Tx 7618231$ Gregory C Etux Susan E Graves 7005 Leaning Oak Dr NRH Tx 76182-3283 John S McDonald 7004 Leaning Oak Dr NRH Tx 76182-3282 John G Etux Renee L Kurth 7000 Lonesome Oaks Dr Fort Worth Tx 76182-3280 Terry L Etux Cathy R Haynes 7001 Leaning Oak Dr Fort Worth Tx 76182-3283 Sean S Beckner 7005 Live Oak Dr Fort Worth Tx 76182-3278 Floris D Thompson 7004 Lonesome Oaks Dr Fort Worth Tx 76182-3280 Adam Etux Christine Bush 7000 Leaning Oak Dr Fort Worth Tx 76182-3282 Charles Etux Janet Davis 7001 Live Oak Dr NRH Tx 76182-3278 Troy W Etux Rita J Gray 70x0 Live Oak Dr NRH Tx 76182-3277 Greg L Maye 7001 Spanish Oaks Dr Fort Worth Tx 76182-3276 Highland Park Nrh LLC 601 Zena Rucker Rd Ste 101 Southlake Tx 76092-fi387 David Barfield 6821 Nob Hill Dr Fort Worth Tx 76182-4343 R ~ Y Carberry Properties LP 1711 Timbergrove Cir Dallas Tx 75208-3356 Billy B Jr 8~ Linda Jackson 7004 Spanish Oaks Dr NRH Tx 76182-3275 Mark O Etux Shannon Holmes 9220 Amundson Dr Fort Worth Tx 7618D-4301 Herbert J Etux Mary M Green 7005 Spanish Oaks Dr Fart Worth Tx 76182-3276 Billy Etux Linda Jackson 7004 Spanish Oaks Dr NRH Tx 76182-3275 D Kent & Lisa Davis 6817 Nob Hill Dr Fort Worth Tx 76182-4343 ORDINANCE NO. 3069 ZONING CASE ZC 2009-04 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 10.033 ACRE TRACT OF PROPERTY FROM R-2 (SINGLE FAMILY RESIDENTIAL) TO R-1-S (SPECIAL SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, .notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 10.033 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 R-2 (Single Family Residential) to R-1-S (Special Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of September, 2009. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A We, .loe E. Gray and wt~a Edith C. dray are the sole owners of a tract of land In the T. K. Martin Survey, A 1055. Tarrant County Texas ae racatded kry deed In Volume 8948, Page 2797, in iha Tarrant County C1eed Records and )5eing more particularly da>rcribed ae follows: 8eginning at a found 412• Iron rod North 00.41'40" West 4.70 teat from a 112" found iron rod at the Northeast tamer of Lot 1, Block 5 s drainage easement In the South REght-ot-Way line of Amundsen Drive ag reoor~ded In Ce~lnet A, 81ida 578Q, Ftat Recalls Tarrant County Texas, atso being the Northwest tamer otthe Trad r+scorded In Volume 12379, Page 1248 Deed Records Tatra County Texas; THENCE North 88°3T49" Esst with the South line of Amundson Drive a distance of 293.91 feet b e found 112" in-,n rod fbr a cxrmer; THENCE South 00.56j12" East a distance of 3.47 feet to a set 1/2" Iron red at the paint of curve to the Lett having a radius of 145,00 feol~ THENCE 5outheastariy atong Bald curve through a central angle of 25'08'03' and an arc distance of 63.52 fast to a band 112" iron rod; THENCE South 28°3G'27" East a dtsiance a# 49.34 feet to a found 1/2° iron rod at a +curve to the right having a radius of 85.00 feet; THENCE Southeasterly along said curve through ~a centre! angle of 25'15'23" and arc dlatance ot41.t38 feet th a found 112" iron cad; THENCE South 68°38'04' West a distance of 84,92 feet fo s found 112" iron rod; THENCE South 01°78'04" East a distance of 119,92 feet tv a found 112" Iron rod; THENCE North 88'38'35' East a distance 134.90ieet to a found 1!2" iron rod; THENCE Nartlt 01°18'04" West a distance of 120.i}0 feet to a found 712" Iron cad on a outve to the IeR having a radius of 445A0 feet; THENCE Northwesterly stung said curve through a central angle of 25°12'18" and arc distance of 63.79 fast to a found 112" iron rod; THENCE North 28°3T52" Weat a distance of x#8,39 feet to a found 112" Iran rod on a curve to the fight having a radius of 05.00 feet; THENCE Northwesterly aiang said calve through a central angle at 24°5502" and an aro distance of 47.31 feet to a found 1 f2" iron rod In; THENCE North 01`31'13" West a distance of 3.68 feet to a found 112° iron rod In the South line of Amundson drive for a comer THENCE North 88°42'18' East along the South line of said Arnundsan Drive, a distance t~f 456.!30 teal to the Northwest tamer of a tract. n~carded In Votume 5889, Page 888; THENCE South 00°43'09" East a distance of 891.70 feet to a set 112" Cron rod at the Northwest comer of loot 1, Biotic 1, Martin Acrras; THENCE Sacrth 00°!34'09' Easta distance of 238.20-feet to a found 112" tivrt rod {dowdy) In the Weak Ilne of let 1, Biotic 1, Martin Aches; THENCE South 53°3T09" West, a dlsmnae of !32,25 test W a found 112' iron cad {JDZ); THENCE South 8T°58`33° West. a diatanoe 238.12 feet to a found 712' iron rod et the Northwest comer of said Let 28, t3ioc,k 4, Woadtand [?aks; THENCE North QO'09'ST West, a distance of 58.92 to a found 112" Iran rod at an ail tamer; THENCE South 88"41'04" West a distance of 176.37 fret b a found 518" iron rod for a comer, THENCE North Q4°32'01" YYest a distance of 48T.A~4 feet to a found 9/2"' iron rod gt an srngte paint; THENCE North 00°41'10" West a distance of 440.93 feet b the POINT Ol~ BEC~INNtNG and cantalning 4!1.039 acres {437.014 squarer feet) trtore or tase~. Zoning Exhibit EXCERPT FROM THE MINUTES OF THE AUGUST 20, 2009 PLANNING AND ZONING COMMISSION MEETING ZC 2009-04 Public Hearing and Consideration of a Request from Joe Gray for a Zoning Change from R-2 Single Family to R-1-S Special Single Family on Tracts 3W, 3W1, and 3U1, Abstract 1055 (Located at 9216 Amundson Drive -10.03 acres.) Joe Gray, 9216 Amundson Drive, North Richland Hills, Texas came forward as the applicant. Mr. Gray stated that they are requesting a zoning change because he and his family would like to move a stone barn from Joe Bill Fox's property to their property. Mr. Fox's property has been purchased and is to be developed by Cary Clarke. Mr. Gray stated that his family felt that it would be sad if this stone barn which is over a hundred years old was just to be torn down. Mr. Gray asked Mr. Clarke if it would be possible to purchase the building and move it to his property. Mr. Gray stated that he spoke with Mr. Wilhite to inquire what needed to be done in order to put the building on his property. Mr. Wilhite informed Mr. Gray that due to some recent Ordinance changes the property would need to be rezoned because the Ordinance only allows for a five hundred square foot structure as the property is zoned currently. The building is an approximately thirty by forty square foot structure. Mr. Gray stated that once the zoning is accepted that they will tear the stone barn down and move it stone by stone to their property and erect it there. Mr. Wilhite came forward and stated this is a zoning request for a ten acre tract that is currently zoned R-2. The request is to change the zoning from R-2 to R-1-S. The purpose of the zoning request is to allow Mr. Gray to be able to move the stone barn structure onto the property. The zoning request will also bring the property into conformance with current Ordinances, relating to livestock, since they do have horses on the property. Typically horses and livestock are not allowed in R-2 zoning. Because the property is over ten acres and a large parcel the appropriate zoning classification would be R-1-S. The Development Review Committee has reviewed the zoning change request and it is consistent with the Comprehensive Land Use Plan that identifies this area for low density residential and Staff recommends approval. Mark Haynes seconded by Bill Schopper motioned to approve ZC 2009-04. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 9-14-2009 Presented by: Eric Wilhite Agenda No. C.3 Subject: FP 2009-03 Consideration of a Request from Joe Gray to Approve a Final Plat of Lot 2, Block 1, Majestic Meadows Addition and Developer Agreement for Municipal Infrastructure Costs (Located at 9216 Amundson Dr. - 10.03 acres.) (This item is not a Public Hearing but related to Item C.2) Case Summary: The applicant, Mr. Joe Gray is requesting approval for a final plat on a 10.033 acre parcel. The Gray's have resided on the property for sixteen years. The property has asingle-family structure and detached garage and out buildings on the property. This final plat is accompanied by a zoning change request. The property was zoned in the past, and is currently zoned R-2, but will be R-1-S. The proposed plat meets the lot width and the minimum lot square footage required for the .zoning classification. Current Zoning: R-2 (Single Family), requesting R-1-S (Special Single Family Residential) Thoroughfare Plan: Frontage of the lot is along Amundson Drive, a C4U undivided Major Collector with 68 feet of right of way. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The proposed lot corresponds to the plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The City Engineer has determined that no additional paving, water, sanitary sewer, or drainage facilities are needed to provide service to this lot at this time. However, the Subdivision will have an impact on the existing public Right-Of--Way ("ROW'). As such, the developer will be responsible for the dedication of additional ROW, curb and gutter, and concrete sidewalk in the amount of $13,002.90 which is roughly proportionate to the proposed Subdivision. The developer is requesting that instead of constructing the required improvements now (per current minimum City standards) or escrowing the $13,002.90 (the amount required for such infrastructure improvements), that he be allowed to enter into an agreement with the City to pay these costs when the city makes future improvements to Amundson Road. If approved by Council the agreement will place a lean against the property for the amount required for the rough proportionality calculation. Planning & Zoning Commission Recommendation: Approve final plat and developer agreement by a 6-0 vote. Staff Recommendation: developer agreement. Review Schedule: To uphold P&Z and Approve final plat FP 2009-03 and Application: 7/20/09 Applicant Revision Time: 1 week Final Hearing: 9/14/09 Scheduling Time: 5 weeks Staff Review: 2 weeks Total Review Time: 8 weeks LOCATION MAP .Q ..~. ~. .~ €~ AERIAL DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS The parties to this agreement for municipal infrastructure costs ("Agreement") are the City of North Richland Hills ("City") and Joe E. Gray and Edith C. Gray (collectively "Developer") and the Joe E. and Edith C. Gray Revocable Living Trust ("Trust"). This Agreement is to document the obligation of Developer and the Trust to pay the City's cost of constructing certain municipal infrastructure improvements determined pursuant to section 212.904 of the Texas Local Government Code to be roughly proportionate to the development of the property owned by Developer and the Trust, which is described as 9216 Amundson Dr., North Richland Hills, Tarrant County, Texas ("Property"), and to document the nature and extent of the improvements to be constructed. WITNESSETH 1. Developer and the Trust have executed, contemporaneous with this Agreement, a Deed of Trust, securing the payment of $13,002.90 ("Infrastructure Cost") to the City, payable within 30 days of receipt of demand from the City, which demand shall not be made before the completion of construction of the improvements described in paragraph 3 below. Any due and owing but unpaid amounts shall bear interest at the rate of 8% per annum commencing 30 days after the City makes demand on the Developer and the Trust for the payment of the Infrastructure Cost. 2. Developer and the Trust acknowledge and agree: (a) that the Infrastructure Cost is the amount correctly determined to be roughly proportionate to the proposed development of the Property; (b) that this Agreement constitutes a contract as referenced in section 53.254 of the Texas Property Code; (c) that this Agreement is executed before any material is furnished or labor is performed regarding the construction of the improvements described herein; (d) that this Agreement must be executed by both Joe E. Gray and Edith C. Gray as Developer and Trustees of the Trust to be enforceable; (e) that this Agreement inures to the benefit of all persons who labor or furnish material for the City; (f) that this Agreement shall be filed by the City in the Tarrant County Deed Records to evidence Developer's waiver of any and all homestead rights Developer may have in the Property to the extent and amount of Developer's obligations evidenced by this Agreement; (g) that the Deed of Trust shall be filed by the City in the Tarrant County Deed Records to secure Developer's and the Trust's obligations evidenced by this Agreement; and (h) that an Affidavit for Lien may be filed by the City in the Tarrant County Deed Records to further secure Developer's and the Trust's obligations evidenced by this Agreement. 3. The public infrastructure improvements to be constructed adjacent to the Property pursuant to this Agreement are as follows: • Approximately 438 linear foot curb and gutter; and • Approximately 195 linear foot sidewalk 4. Upon the City's receipt of the Infrastructure Cost and any interest due and owing under this Agreement, Developer and the Trust shall be entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 5. If the public improvements described in paragraph 3 are not constructed within 30 years of the date of this undertaking, Developer and the Trust shall be entitled to a release from the lien, Deed of Trust and Affidavit for Lien. 6. DEVELOPER AND TRUST, BY EXECUTING THIS AGREEMENT, FORMALLY WAIVE ANY AND ALL NOTICES OF LIEN REQUIRED TO BE GIVEN BY APPLICABLE LAW. Signed this the day of , 2009. By: CITY OF NORTH RICHLAND HILLS Larry J. Cunningham, City Manager City's Mailing Address: 7301 N.E. Loop 820 P.O. Box 820609 North Richland Hills, Texas 76182 ATTEST: Patricia Hutson, City Secretary DEVELOPER Joe E. Gray Date: Edith C. Gray Date: Developer's mailing address: 9216 Amundson Dr. North Richland Hills, Texas 76182 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Joe E. Gray and Edith C. Gray, who both acknowledged to me that they executed the same for the purposes and consideration herein expressed. Notary Public, in and for the State of Texas My commission expires: JOE E. AND EDITH C. GRAY REVOCABLE LIVING TRUST Joe E. Gray, Trustor and Trustee Date: Edith C. Gray, Trustor and Trustee Date: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Joe E. Gray and Edith C. Gray, who both acknowledged to me that they are the Trustors and Trustees of the Gray Revocable Living Trust and that they executed the same in such capacity for the purposes and consideration herein expressed. Notary Public, in and for the State of Texas My commission expires: Plat Exhibit EXCERPT FROM THE MINUTES OF THE AUGUST 20, 2009 PLANNING AND ZONING COMMISSION MEETING FP 2009-03 Consideration of a Request from Joe Gray to Approve a Final Plat of Lot 2, Block 1, Majestic Meadows Addition (Located at 9216 Amundson Dr. -10.03 acres.) Mr. Gray had previously discussed his zoning case and preliminary plat case therefore Chairman Shiflet allowed a motion on the final plat case without discussion by the applicant. Previous preliminary plat case discussion: PP 2009-03 Joe Gray, 9216 Amundson Drive, North Richland Hills, Texas came forward as the applicant. Mr. Gray stated that he was disappointed that he had to do all the surveying and platting and that it's a shame that there has to be three separate votes for each case however it's the only way that Mr. Gray will be able to get the barn moved over to his property and constructed. Mr. Wilhite stated that the preliminary plat and the final plat to follow are both on the same tract of land as the zoning. Current regulations require that in order to get a building permit your property has to be platted. When Mr. Gray platted off the property for his daughter's lot, the remaining property was not platted. Mr. Wilhite stated that on the final plat there is some rough proportionality determination that the City Engineer has come up with regarding the right of way, curb and gutter, and sidewalk improvement in the amount of $13,002.90. Mr. Gray, Public Works, and the City Attorney are working out a lien agreement to cover the costs for the funds to be there at the time the improvements take place on Amundson. Mr. Wilhite stated both the preliminary and final plats meet the subdivision rules and regulations and the Development Review Committee does recommend approval. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Council Meeting Date: 9-14-2009 Presented by: Eric Wilhite Agenda No. C.4 Subject: TR 2009-04 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance. Proposed amendments include updates to Section 118-631 Table of permitted uses, Section 118-714 Visibility sight triangles, Section 118- 718Accessory buildings and structures, and replacing the visibility triangle illustration in Article IX of Chapter 118 -Ordinance No. 3068 Staff Summary: The proposed text revisions to the zoning ordinance include adding new uses to the permitted use tables, clarifying visibility triangles and clarifying carport design regulations. The new permitted uses include allowance for indoor shooting ranges, motorcycle sales, car washes, moving and storage companies and social service facilities with temporary lodging. Staff has had recent inquiries for some of these land uses and anticipates future inquiries for the other land uses. The permitted land use table designates where land uses will be permitted by right (P), allowed under a special use permit (S) or not permitted in the zoning district (blank). The Special Use Permit provision is intended to provide added protection and review of land use types in areas where special conditions may need to be considered to reduce adverse effects on adjacent or surrounding properties. A development specific site plan shall accompany every application for an SUP and include all the contents established for site plans and will be made part of the ordinance. A summary of the changes being proposed for each section of the Zoning Ordinance is shown below: Sec .118-631. Adding the following new land uses permitted in HC-heavy commercial, 11-Light Industrial, and 12-Heavy Industrial districts, with a Special Use Permit: • Indoor shooting range • Motorcycle sales • Auto laundry/car wash • And by adding a requirement for a Special Use Permit for existing HC use: "Moving or Storage Company" • And adding "Social Services Facility w/ Temporary Lodging" with a Special Use Permit in: R7-MF zoning. Sec. 118-714. Visibility sight triangles. This amendment will eliminate discrepancies that occurred when the visibility triangle provisions were amended in Section 106 "Signs" as well as creating consistency with references made in the Public Works Design Manual. The visibility sight triangles control and restrict the height of objects and structures that can be placed in them at intersections. There are different size triangles depending on the intersection and/or driveway type. Revised drawings have also been included in order to illustrate how the required visibility triangles are positioned. Sec. 118-718. Accessory buildings and structures. This amendment addresses "Carport regulation" design criteria. In order to allow more flexibility in design the language is being amended to prohibit flat roofs, but not require a specific four vertical to twelve horizontal (4:12) ratio. The new criteria allows carports to be architecturally designed as to not to appear flat. Such as a barreled or arched type roof. Also being amended is how the support post must be designed. Currently the ordinance states that the posts must be the same masonry as required in the zoning district. New language is proposed to allow for some other alternative enhanced material. The objective is to not have standard tube steel post. Staff also talked to the Planning & Zoning Commission regarding clarifying the zoning ordinance affecting businesses that derive more than 75% of their revenue from alcohol sales. These changes are not included in this proposed ordinance because further research and discussion needs to occur to clarify these uses in all zoning categories including the mixed use districts of Home Town and the Transit Oriented Development Code where residents could live above or in close proximity to potential businesses within this category. Planning & Zoning Commission Recommendation: Approval of the text changes and amendments by 6-0 vote Recommendation: To uphold the recommendation of the Planning & Zoning Commission and approve TR- 2009-04-Ordinance 3068. ORDINANCE 3068 AN ORDINANCE AMENDING SECTIONS 118-631, 118-714, 118-718 AND ARTICLE IX OF CHAPTER 118 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS; AMENDING THE NORTH RICHLAND HILLS ZONING ORDINANCE TABLE OF PERMITTED USES; AMENDING VISIBILITY TRIANGLE RESTRICTIONS AND ILLUSTRATIONS; AMENDING CARPORT DESIGN REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Section 118-631 of the City of North Richland Hills Code of Ordinances and the Table of Permitted Uses therein contained are hereby amended by adding the following new uses permitted in the HC Heavy Commercial, 11 Light Industrial, and 12 Heavy Industrial districts with a special use permit: Indoor shooting range Motorcycle sales Auto laundry/car wash And by adding a requirement for a Special Use Permit for existing HC use: "Moving or Storage Company" And by adding a requirement for a special use permit for the existing HC use "Moving or Storage Company, and for the existing R7MF use "Social Services Facility w/Temporary Lodging." SECTION 2: THAT Section 118-714 of the North Richland Hills Code of Ordinances be amended to read as follows: Sec. 118-714. Visibility sight triangles. a. Generally. No fence, screening wall, billboard, sign, structure, hedge, tree, or shrub shall be erected, planted or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility sight triangle. Within this triangle, vision shall be clear at elevations between 30 inches and nine feet above the average curb grade. The placement of utility poles or traffic control devices shall be regulated by the public works director. (See article IX of this chapter for illustration.) b. Street intersections. (1) On corner lots where two residential streets the triangular area shall be formed by extending the property lines, from their point on intersection, a distance of 15 feet and connecting these points with an imaginary line, thereby making a triangle. (2) On corner lots where any combination of residential, C-2-U, C-4-U and larger collector streets intersect the triangular area shall be formed by extending the property lines, from their point of intersection, a distance of 70 feet in the directions of approaching (perpendicular) traffic and 15 feet in the direction parallel to the approach of the intersection and connecting these points with an imaginary line, thereby making a triangle. (3) In cases where streets do not intersect at approximately right angles, the public works director shall have the authority to vary these requirements as deemed necessary to provide safety for both vehicular and pedestrian traffic. c. Driveway visibility triangles for commercial driveways. No sign, including the pole of a sign, shall be erected or maintained in such a manner so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular areas shall be formed by extending from the imaginary intersection point of the street right-of-way line with the relationship to the intersection; and 15 feet in the direction parallel to the approach of the intersection; and be clear at elevations between 30 inches and nine feet above the average curb grade. When a driveway intersects with cone-way street, a visibility triangle is only required on the oncoming traffic side of such driveway, unless traffic safety considerations dictate otherwise." SECTION 3: That Section 118-718 (d)(13) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 118-718. Accessory buildings and structures. (d) Carport regulations. A carport shall comply with the following: (13) Design criteria: a. Pitch of roof: Flat or nearly flat roofs are not permitted. The pitch of the roof shall be a minimum of at least four vertical to 12 horizontal (4:12) on each sides of the ridge, or be architecturally designed so as not to appear flat. b. Posts: Common metal posts are not permitted. The structure shall have masonry or other alternative architecturally enhanced materials. SECTION 4: That Article IX of Chapter 118 of the North Richland Hills Code of Ordinances be amended by replacing the illustration of visibility triangles with Attachment A hereto. SECTION 5: Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: Penalty. Any person, firm, or corporation who violates this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8: Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. SECTION 9. Effective date. This ordinance shall be in full force and effect from and after its passage and publication as required by law. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of September, 2009. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director Pemitted Land Use Table Revisions - Page 3 Permitted Land Use Table Revisions - Page 4 Permitted Land Use Table Revisions - Page 5 Permitted Land Use Table Revisions - Page 6 Permitted Land Use Table Revisions - Page 12 SIGHT VISIBILITY EXHIBIT SIGHT VISIBILITY TRIANGLES FIGURE 2: INTERSECTION OF ANY COMBINATION OF RESIDENTIAL, C-2-U, C-4-U AND LARGER COLLECTOR STREETS FIGURE 1: INTERSECTION OF TWO RESIDENTIAL STREETS I ~ I 1 15' ~ , ._ 15` ~ l ~ FIGURE 3: INTERSECTION OF COIYIMERCIAL DRIVEWAY WITH PUBLIC STREET RIGHT-OF-WAY I I I j ------- 15 - ------ J ' ~` ~ 1 ~ ~ I ~ ~ ~ I I I 15' .„ ~ T Y ~. - - - - - - - EXCERPT FROM THE MINUTES OF THE AUGUST 20, 2009 PLANNING AND ZONING COMMISSION MEETING TR 2009-04 Public Hearing and Consideration of amendments to the North Richland Hills Zoning Ordinance. Proposed amendments include updates to Section 118-631 Table of permitted uses, Section 118-711 Alcoholic beverages, Section 118-714 Visibility sight triangles, Section 118-718 Accessory buildings and structures, and replacing the visibility triangle illustration in Article IX of Chapter 118. Mr. Wilhite presented an illustration of what the Permitted Land Use Table looks like within Chapter 118 of the Code of Ordinances. Mr. Wilhite explained that City Staff is asking to add some land uses that they have had inquiries about and also add some other zoning districts for these types of land uses be permitted with a Special Use Permit. Section 118-631 The following new uses are permitted in Heavy Commercial, I-1 Light Industrial, and I-2 Heavy Industrial districts with a Special Use Permit: • Indoor shooting range • Motorcycle sales • Auto laundry /car wash Adding a requirement for a Special Use Permit for existing Heavy commercial for: • Moving or Storage Company Mr. Wilhite stated that City Staff have had some contact with some Social Service facilities with temporary lodging. They are currently permitted in some commercial type zoning but City Staff have been approached by some companies and institutions that would like to purchase some multi-family type units and provide temporary lodging. City Staff suggest that it may be permitted and a decent use in the R7-MF with a Special Use Permit so that it can be evaluated further for each additional case. Section 118-711 Alcoholic Beverages The zoning ordinance currently has a provision that deals with establishments which derive more than 75 percent of their revenue from alcoholic beverages for on-premise consumption. It states that such establishments shall be allowed in the city only with a Special Use Permit and in certain zoning districts. The proposed amendment will add existing and new zoning districts that are applicable to the section including Town Center and the new Transit Oriented District zoning districts. The other zoning districts that are already included in this provision are C-2 Commercial, HC Heavy Commercial, and OC outdoor commercial zoning. Mr. Wilhite spoke on the generalities of the Alcoholic Beverage section of the Code of Ordinances within the new zoning districts. Section 118-714 Visibility Sight Triangles Mr. Wilhite stated that an issue that is dealt with quite frequently with Site Planning and Development type related issues. Mr. Wilhite stated the there was a sign ordinance amendment where it was re-evaluated how the site visibility triangles were dealt with and designed; the geometry of them. The site visibility triangle design was also changed in the Public Works manual. There is a stand alone section that deals with site visibility triangles that is not in the sign ordinance or the Public Works design manual for people that are only dealing with site plan revisions. The stand alone section is not consistent with either the sign ordinance or the Public Works design manual. This amendment will clean up discrepancies that occurred when the visibility triangle provisions were amended in Section 106 "Signs" as well as creating constancy with references to such in the Public Works design manual. Mr. Wilhite presented an illustration of site visibility triangles which came from an appendix which included other illustrations that show typical examples of how you determine the front yard setbacks, side yard setbacks, etc. It is referenced in each section of the ordinance as to which appendix you would look at for illustrative examples. Section 118-718 Accessory Buildings and Structures Mr. Wilhite stated that the amendment will address more specifically carport regulations. The carport regulations right now specify that the roof pitch has to be a 4:12 pitch. The regulations technically do not allow for any other creative type roof design such as a barrel vault. ~ The intent of the original ordinance was so that the roof of the carport wasn't flat or almost flat. City Staff recommends that the 4:12 horizontal pitch which typically happens on residential and multi-family projects but also allow something that can happen on a commercial application; something that is architecturally designed so is not to appear flat. This would avoid the flat roof but would allow them to do something more creative architectural than a 4:12 pitch. Mr. Wilhite discussed carport support posts. Mr. Wilhite stated that the current ordinance states that the posts must meet the masonry requirement of the zoning district. It had been discussed through the Development Review Committee that masonry is not always the best application, look the best, and sometimes takes up more space than is there within the posts between the parking spaces. The Development Review Committee wanted to allow for some alternative architecturally enhanced material. Mr. Wilhite gave an example of an architectural lamp post and the casement or sleeve that goes over it that has ornamental characteristics so to avoid having a standard tube steel post column. Mr. Wilhite stated that those are the recommended text revisions and ordinance amendments at this time and City Staff recommends approval. Mr. Benton asked if all the alcoholic beverage establishments would fall under a Special Use Permit? Mr. Wilhite stated no and only if they serve more than seventy five percent. The current Permitted Land Use table states that you can be twenty five, seventy five. Mr. Wilhite states that the City of North Richland Hills Ordinance follows the Texas State Code. Mr. Benton asked how closely it's monitored? Mr. Wilhite stated that alcohol sales are monitored pretty closely because there are a couple establishments within the community that have come in and their Certificate of Occupancy is for a sports bar and grill but over time they have become more of a bar. There is a provision in the Ordinance that says that the alcoholic beverage establishments have to provide their gross sales receipts from TABC to the City upon request. Mr. Wilhite stated if an alcoholic beverage establishment came in as a drinking establishment and got a Special Use Permit from the Planning and Zoning Commission and City Council and then started having problems the City could revoke their Special Use Permit and take their Certificate of Occupancy. There was general discussion on proximity to alcoholic beverage establishments to churches and schools. Mark Haynes seconded by Mike Benton motioned to approve TR 2009-04. The motion was carried unanimously (6-0). Chairman Shiflet stated that he had asked a question about the possibility of including the R-4 duplexes for the Social Service facility with temporary lodging and Mr. Shiflet decided to not go into further discussion on it. There was general discussion on duplexes and multi-family and the effects of influence on the neighborhood. Mr. Schopper asked if we were looking at night shelter type arrangements? Mr. Shiflet stated no. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 9-14-2009 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2009-033 Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations of Non-Storm Water Discharges to the City's Storm Drainage System -Ordinance No. 3060 Polluted storm water runoff from urbanized areas is a major cause of impairment to the Nation's waterways. Under the authority of the Clean Water Act (CWA), the Environmental Protection Agency (EPA) developed a storm water permitting program with the goal of significantly reducing pollution sources. The EPA passed the permitting authority for the State of Texas on to the Texas Commission on Environmental Quality (TCEQ). TCEQ developed requirements and regulations for granting permits to cities. One of the requirements of the permit is that cities must submit a Storm Water Management Program that includes Best Management Practices or BMP's that will reduce the discharge of pollutants to the "maximum extent practicable," protects water quality, and satisfies the approximate water quality requirements of the CWA. In 2007, the City submitted its program to TCEQ and a permit was issued in July of 2008. The City's Storm Water Management Program includes numerous BMPs that are being implemented and enforced, per TCEQ and EPA regulations. One BMP requires the City to adopt and enforce a City ordinance for Illicit Storm Water Discharge. Attached is a copy of the proposed ordinance. The goals of the ordinance are noted below: 1. Regulate the contributions of pollutants to the City's storm sewer system. 2. Prohibit Illicit Connections and Discharges to the City's storm sewer system. 3. Establish legal authority to carry out all inspections, surveillance, and monitoring procedures necessary to ensure compliance. Key topics pertaining to the proposed ordinance are summarized below in a "bullet" format: The City Manager or his designee shall administer, implement, and enforce the provisions of this ordinance. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non- commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if de-chlorinated -typically less than one PPM chlorine), and fire fighting activities. (FYI - Article 7 - Swimming Pools provides the city's requirements for the general operation and maintenance of swimming pools and is not being changed by this illicit discharge ordinance.) • Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Although there are many quality of life benefits associated with this ordinance, an Illicit Storm Water Discharge ordinance is a requirement mandated by the TCEQ and EPA for storm water permitting. Recommendation: Approve Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Establishing Regulations of Non-Storm Water Discharges to the City's Storm Drainage System. ORDINANCE NO. 3060 AN ORDINANCE AMENDING CHAPTER 102 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND ESTABLISHING REGULATIONS OF NON-STORMWATER DISCHARGES TO THE STORM DRAINAGE SYSTEM OF THE CITY AS REQUIRED BY STATE AND FEDERAL LAW; ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the City of North Richland Hills is required by state and federal law to establish regulations addressing non-stormwater discharges into its storm drainage system and the City Council finds that the regulations herein established promote health, safety and the general welfare of its citizens and residents; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Chapter 102 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Article V which shall read as follows: "ARTICLE V. ILLICIT STORMWATER DISCHARGES Sec 102.271. Statement of purpose and intent. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of North Richland Hills through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: (1) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user (2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance Sec. 102.272 Def i n itio ns. For the purposes of this ordinance, the following shall mean: Authorized Enforcement Agency: the City of North Richland Hills acting through its City Manager or his designees. Best Management Practices (BMPs): schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Construction Activities subject to NPDES Construction Permits: NPDES Storm Water Phase II permits required for construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge: Any direct or indirect non-storm water discharge to the storm drain system except as exempted in Sec.102.277 of this ordinance. Illicit Connections: An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water. Person: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non- hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premise: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Small Municipal Separate Storm Sewer System(MS4): Owned and operated by the United States, a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to Sate law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law, such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States. Storm Drainage System: Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater .Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater. means any water or other liquid, other than uncontaminated storm water, discharged from a facility. Sec. 102.273 Applicability. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. Sec. 102.274. Responsibility for administration The City Manager or his designee shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the City may be delegated in writing by the City Manager of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the City. Sec. 102.275Severability. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. Sec. 102.276~UItimate responsibility. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. Sec. 102.277Discharge prohibitions. Prohibition of~lllegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated -typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. See Article 7 -Swimming Pools for the general requirements pertaining to the operation and maintenance of swimming pools. Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (a) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. Sec. 102.278 Suspension of MS4 access Suspension due to Illicit Discharges in Emergency Situations The City Manager or his designee may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. Suspension due to the Detection of Illicit Discharge Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. Sec. 102.279. Industrial or construction activity discharge Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the City Manager or his designee prior to the allowing of discharges to the MS4. Sec. 102.280. Monitoring of discharges. A. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. B. Access to Facilities. (a) The City Manager or his designee shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. (b) Facility operators shall allow the City Manager or his designee ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (c) The City Manager or his designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. (d) The City Manager or his designee has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the City Manager or his designee and shall not be replaced. The costs of clearing such access shall be borne by the operator. (f) Unreasonable delays in allowing the City Manager or his designee access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. (g) If the City Manager or his designee has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. Sec. 102.281. Requirement to prevent, control and eliminate pollutants by the use of best management practices. The City Manager or his designee will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes .into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. Sec. 102.282. Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. Sec. 102.283. Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S. said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Manager or his designee within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Sec. 102.284. Enforcement. A. Notice of Violation. Whenever the City Manager or his designee finds that a person has violated a prohibition or~ failed to meet a requirement of this Ordinance, he may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting; (b) The elimination of illicit connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and (e) Payment of a fine to cover administrative and remediation costs; and (f) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. Sec. 102.285. Appeal of notice of violation. Any person receiving a Notice of Violation may appeal the determination of the city manager or his designee. The notice of appeal must be received within 10 days from the date of the Notice of Violation. Hearing on the appeal before the city manager or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the City Manager or his designee shall be final. Sec. 102.286. Enforcement measures after appeal. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 10 days of the decision of the city manager or his designee upholding the determination, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city representatives or designated contractor to enter upon the premises for the purposes set forth above. Sec.102.287. Cost of abatement of the violation. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within thirty days of such notice, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment plus interest at the rate of eight per cent per annum until paid. Such lien shall be recorded in the deed records of Tarrant County, Texas. Sec. 102.288. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the city through its attorney may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. Sec. 102.289. Compensatory action. In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. Sec. 102.290. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. The authorized enforcement agency may recover all attorney's fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. Sec. 102.291 Remedies not exclusive. The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies." SECTION 2. Cumulative. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of North Richland Hills, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances or the Code, in which event the terms of this ordinance shall prevail over the conflicting provisions of other ordinances, but such other ordinances shall be deemed to be repealed only to the extent of such conflict and shall otherwise continue in full force and effect. SECTION 3. Severability. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. Newspaper Publication. The city secretary is directed to publish this ordinance, or its caption and penalty clause, in the official city newspaper as required by the Texas Local Government Code. SECTION 6. Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on this 14th day of September, 2009. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Gregory Van Nieuwenhuize Agenda No. E.2 Subject: PW~2009-035 Authorize City Attorney to take Legal Action to Acquire Property for Shady Grove Road Project -Resolution No. 2009-029 This Capital Improvements Project is identified as the "Shady Grove Road Street Improvements (Davis to Clay-Hibbons)" Project in the Capital Projects Budget (Project No. ST0802). This project consists of the engineering design and reconstruction of this section of Shady Grove Road. Shady Grove Road in this corridor has both an existing asphalt section and an existing concrete section. Because the existing concrete section immediately west of the Davis Boulevard intersection remains in good condition and was constructed to the width identified in the City's Thoroughfare Plan (Minor Undivided Collector), it will remain. However, the remaining concrete section (a small north/south section south of Clay-Hibbons) and the existing asphalt section is neither in good condition nor at the appropriate width, consequently it will be replaced as a part of this project. Additionally, any necessary utility improvements that may need to be relocated as a consequence of construction are also included as a part of this project. As stated previously, Shady Grove Road is identified as a Minor Undivided Collector street. This equates into a 40 feet wide street section within 60 feet of Right-of-Way. Presently, the project's design is almost complete and basically, all that remains in order to advertise for construction bids is the acquisition of the appropriate Right-of--Way. Additional Right-of-Way (ROW) is necessary from four (4) properties whose front or side yards are adjacent to the proposed project. As the existing ROW is variable in the corridor from Davis to Clay Hibbons, each property will be impacted differently. In April 2009; letters were sent to the four (4) affected property owners. These letters informed them that the appraisal firm of Goodrich, Schechter & Associates would be contacting them shortly in order to proceed with the necessary land appraisals. Included in that letter was a copy of the Texas Landowners Bill of Rights, which provides answers to some of the most frequently asked questions during the ROW acquisition process. Once complete, the appraisals were hand delivered to each property owner for review in late June and early July of 2009. Following delivery of the appraisal reports, staff attempted to contact each property owner to answer any additional questions and to gauge their response to the appraised values. Unfortunately not all property owners were responsive to staff's requests for meetings or discussions about the needed ROW acquisitions. Shortly thereafter packages were delivered to each of the four (4) property owners, containing copies of the Contract of Sale, ROW Deed, and an explanation of the Temporary Construction Easement that was needed to accommodate construction of the roadway. At this time, all four (4) property owners have indicated that they are dissatisfied with the City's offer and wish to proceed with eminent domain proceedings. The four (4) necessary parcels are shown on the exhibits included with the Resolution (immediately following the Project's location map). In order to construct the Shady Grove Road Street Improvements (Davis to Clay- Hibbons) Project, these four (4) outstanding parcels on Shady Grove Road must be acquired. The specifics regarding the appraisal reports' land values and staffs offers will be discussed in Executive Session. Recommendation: Approve Resolution No. 2009-029. Shady Grave Rd Street Improvements (Davis Blvd to Clay-Hibbins Rd~ 414-i~tlti~-LIIL-- s~ ~ton;e ~. ~ ~' , ~`~ ~ ~ „4 ~i Ml Ujt1 "7 ~~1 YLEDvE ~tiSOV LT ~ ~ r ]E t ,:I 3 1 ~~JN ~ ~ ~%. n Td~uiL"~\'{1UL ~~ ~ 4 3 ~t7 v c w ~' Q h ~ ~ ~U )N ~1Jt111+ ~ SHAD~'~G ~OV~ RD ~ fi~~ r ! CU ~r ~~ r ~,nt+~r:-r- ~` ~ .~ TaR~ ~~~- J ~~ ~- ,~ ~~- Y 31 7a LiiiEAigNtiit31( a~~~~Shady~Grove Ind {Street Improvements (L~avis.Blvd to ~,~~ r~~Clay-Hibbins Rd~ NORTH TARRANT PKWY ,h~R7H TAFtRANT PKV~., ~~.-.~ ~fq, i~~' W~itiaFilGtii'UI~. THU~dhC}a,Lt --t'~IWKI^iM'iTLlvVr iJ~ I f!` ~T ~ ~i '{ ~ ~ a ~ ~~z~ m ~' - E: NRTf I I~ICHI~AI~TD HILLS ti yy? y[,T ~~ l' Scale: 1" = 800' D5 JAN 09 : tandatd Atag~s'+cIF S S`Sadyi~n7ee-dawis to clay~~birts.mxd nformatcx~ Sa4vices [~epa~nerrt - GIS Project Locator MaR NRH RESOLUTION NO. 2009-029 WHEREAS, the City Council of North Richland Hills has previously authorized improvements for Shady Grove Road, some of which require acquisition of property herein described for such roadway project, all of which is found to be a public purpose; and WHEREAS, the City's use of the power of eminent domain is desired to be authorized by the North Richland Hills City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City hereby finds that the acquisition of the property described on Exhibits 1- 4 hereto is necessary for a public purpose, to-wit: roadway improvements for Shady Grove Road Section 2: THAT the City's attorney, George Staples, is authorized after offering the appraised price and attempting to negotiate if rejected, to institute eminent domain proceedings to acquire the property described on Exhibits 1 - 4 hereto. Section 3: THAT the City Council hereby authorizes the deposit of the award of the Special Commissioners into the Registry of the Court and authorizes the City's attorney and other officers to take all actions necessary to take possession of such property. AND IT IS SO RESOLVED. PASSED AND APPROVED on the 14th day of September, 2009. By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director EXHIBIT 1 Shady Grove Road Paving Improvements EXHIBIT 1 (continued) EXHIBIT 2 Shady Grove Road Paving Improvements EXHIBIT 2 (continued) EXHIBIT 3 Shady Grove Road Paving Improvements EXHIBIT 3 (continued EXHIBIT 4 Shady Grove Road Paving Improvements EXHIBIT 4 (continued) CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 9-14-2009 Presented by: Mark Mills Agenda No. F.1 Subject: GN 2009-063 Adopting the 2008/2009 Revised Budget and 2009/2010 Proposed Budget -Ordinance No. 3065 The proposed budget for 2009/10 was filed with the City Secretary's office on August 4, 2009. This proposed budget was also available at the NRH Public Library and on the City website. All necessary publications and hearings have been completed in compliance with City Charter requirements, special taxing district rules and procedures, and State Law. The 2009/2010 General Fund budget is based on a 57¢ tax rate, which is the existing rate for the current fiscal year. Revisions to the 2008/2009 revenues and expenditures have been made to reflect the most current estimates for the current fiscal year. The Budgeted Operating Expenditures are: 2008/2009 2009/2010 Fund Revised Proposed General Fund $38,837,844 $38,631,516 Debt Service Fund 8,550,991 8,320,141 Park & Recreation Facilities Development Fund 5,409,497 4,739,893 Crime Control & P revention District Fund 4,504,445 4,450,764 Promotional Fund 235,895 237,301 Donations Fund 236,850 165,009 Special Investigation Fund 642,021 256,921 Drainage Utility Fund 356,198 737,219 Gas Development Fund 1,815,270 460,000 Traffic Safety Fund 947,047 854,177 Utility Fund 24,908,290 25,565,181 Aquatic Park Fund 4,601,647 4,755,343 Golf Course Fund 2,537,694 2,613,232 The budgeted Capital Projects Expenditures are: 2009/2010 Fund Proposed Street & Sidewalk Projects $25,985,558 Drainage Projects 3,292,000 Utility Projects 3,255,500 Parks & Recreation Projects 2,273,612 Aquatic Park Projects 279,000 Municipal Facility Projects 12,973,425 Major Capital Equipment Projects 2,304,819 Economic Development Projects 1,513,000 Other Projects 100,229 CIP Personnel 586,232 Total ~ $52,563,375 The City of North Richland Hills Crime Control and Prevention District Board of Directors conducted a budget work session on August 7, 2009 to review the 2008/2009 Revised Budget and the 2009/2010 Proposed Budget. The Board met and held a public hearing on August 24, 2009 prior to the City Council meeting. The Board recommended that the City Council approve and adopt both the revised and proposed budgets. As required by law, all legal notices were published. The Park and Recreation Facilities Development Corporation Board of Directors met on August 24, 2009 to review the Proposed 2009/2010 Operating and Capital Budgets. The Board conducted a public hearing prior to the City Council meeting on August 24, 2009. The Board approved the Proposed 2009/2010 Operating and Capital Budgets and recommended City Council adoption. As required by law, all legal notices were published. The City of North Richland Hills City Council conducted a budget work session on August 7, 2009 to review the 2008/2009 Revised Budget and the 2009/2010 Proposed budget for all funds. The Council met and held a public hearing August 24, 2009 at the City Council Meeting for public comment on the budget. As required by law, all legal notices were published. As previously mentioned, detailed copies of the proposed budget are on file with the City Secretary's Office, in the Library, and on the City's website. In addition, they were provided in the agenda materials for the budget hearing held Monday, August 24, 2009. All of these sources are still available for public inspection and review. Recommendation: Approve Ordinance No. 3065 adopting the 2009/2010 Budget for all funds and the revisions to the 2008/2009 Budget for all funds. N iZH ORDINANCE NO. 3065 AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, FOR THE CITY OF NORTH RICHLAND HILLS, TEXAS; ADOPTING THE AMENDED BUDGET FOR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009, AND PROVIDING FOR INVESTMENTS AND TRANSFERS. WHEREAS, in accordance with Section 102.001, et seq., TEx. Loc. Gov'T CODE, the City Manager submitted to the City Council a budget for 2009/2010, and the Council determined that a public hearing should be held at a time and place which was set forth in a notice published as required by law; and, WHEREAS, such public hearing on the budget was duly held on August 24, 2009, and all taxpayers were given an opportunity to attend and participate in such public hearing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the budget for the City of North Richland Hills, Texas, for the fiscal year beginning October 1, 2009, and ending September 30, 2010, in words and figures as shown therein, is adopted and approved as filed herewith. A copy of the approved budget shall be filed with the City Secretary. SECTION 2..THAT the City Manager be and is hereby authorized to make inter- departmental and inter-fund transfers during the fiscal year as deemed necessary in order to avoid over-expenditure of particular accounts. SECTION 3. THAT the City Manager or his designee be and is hereby authorized to invest any funds not needed for current use in any lawful manner. Interest accrued from investments shall be deposited to the interest income account of the funds from which the principal was invested. SECTION 4. THAT the amended budget for the City of North Richland Hills for the fiscal year beginning October 1, 2008, and ending September 30, 2009, filed herewith is hereby adopted and approved. A copy of the amended budget shall be filed with the City Secretary. PASSED AND APPROVED on this the 14th day of September, 2009. By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director CITY OF NORTH R/CHLAND HILLS Department: Budget Council Meeting Date: 9-14-2009 Presented by: Mark Mills Agenda No. F.2 Subject: GN 2009-064 Adopt the Tax Rate for Tax Year 2009 -Ordinance No. 3066 The Notice of Effective Tax Rate was published in the Star Telegram newspaper on August 13, 2009 and the notice of public hearing on the tax rate on August 12, 2009 and August 17, 2009 all in accordance with State law. In addition, the notice of public hearing on the tax rate and the notice of vote on the tax rate were posted on the City's website and carried on Citicable in accordance with State law. The public hearing on the tax rate was held on Monday, August 24, 2009 during the regularly scheduled Council meeting even though no public hearings were required by law as the proposed tax rate was lower than both the effective rate and the rollback rate. The proposed 2009/2010 property tax rate for the City of North Richland Hills is 57¢ per $100 of valuation. If approved, this will be the 17t" year with a 57¢ tax rate. The proposed rate of 57¢ is a decrease of 3.2% in comparison to the effective tax rate of 58.8866¢. The proposed rate of 57¢ is broken down into two parts as follows: • 35.4116¢ for the purposes of maintenance and operations • 21.5884¢ for the payment of principal and interest on debt of the City Adoption of Ordinance No. 3066 would set the tax rate for Fiscal Year 2009/2010 at 57¢ per $100 valuation. During the 81St Session of the Texas State Legislature, HB 2291 was passed which requires specific language to be included in the ordinance adopting the tax rate if the ordinance sets a tax rate that will impose an amount of taxes for maintenance and operations that exceeds the taxes imposed for that purpose in the preceding year. The 57¢ tax rate, if adopted, would impose less total property taxes than in the previous year, however, it will impose a greater amount for maintenance and operations. Therefore the language specified in HB 2291 will be required in the ordinance. Recommendation: Approval of Ordinance No. 3066, setting the Fiscal Year 2009/2010 tax rate for maintenance and operations at 35.4116¢ per $100 of valuation, the tax rate for the interest and sinking fund at 21.5884¢ per $100 of valuation, for a total tax rate of 57¢ per $100 of valuation. NiZH ORDINANCE NO. 3066 AN ORDINANCE SETTING THE TAX RATE FOR THE CITY OF NORTH RICHLAND HILLS FOR THE 2009/2010 TAX YEAR. WHEREAS, the City of North Richland Hills has followed the procedures established by the Property Tax Code, including the publishing and posting of required notices and the holding of required public hearings; and, WHEREAS, the City Council has approved separately each of the two components of the tax rate hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT there shall be and there is hereby levied the following taxes on each One Hundred Dollars ($100.00) of valuation on all taxable property within the City of North Richland Hills, Texas, to be assessed and collected for the year 2009/2010 for the purposes hereinafter stipulated, to-wit: (a) For operations and maintenance levied on the $100.00 valuation: $0.354116; and (b) For the interest and sinking fund levied on the $100.00 valuation: $0.215884. TOTAL: $0.570000 SECTION 2. THAT HB 2291, passed during the 81St Session of the Texas State Legislature, requires the following language to be included in an ordinance adopting a tax rate that will impose an amount of taxes for maintenance and operations that exceeds the taxes imposed for that purpose in the preceding year: THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 6.27 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $20.88. SECTION 3. THAT the total tax rate of $0.570000 will impose less total property taxes than the preceding year, generating less total revenue from property tax in Fiscal Year 2009/2010 in comparison to Fiscal Year 2008/2009. PASSED AND APPROVED on this the 14th day of September, 2009. By: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark Mills, Budget Director CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 9-14-2009 Presented by: Mark Mills Agenda No. F.3 Subject: GN 2009-060 Approval and Ratification of the 2009 Certified Roll -Resolution No. 2009-028 Tarrant Appraisal District provided the City with the 2009 Certified Tax Roll information. This includes the most current appraisal information; exemptions for disabled veterans, persons over 65, homestead and disabled persons; tax ceilings for persons over 65 and disabled persons; abatement value losses; freeport inventory value loss; and agricultural value lost. These values also include new construction, the minimum value of properties still under protest, and the estimated net taxable value of incomplete properties. The certified value is the amount used to calculate the effective tax rate and property tax revenues for fiscal year 2009/2010 budget. The certified values for the City of North Richland Hills are $3,750,427,552, which includes $68,061,617 in new construction. This new construction includes $37,061,355 in residential new construction and $31,150,321 in commercial new construction. The certified values for the City of North Richland Hills are broken down into the following categories: Residential $2,339,983,668 Commercial * 1,429,859,237 Industrial * 49,503,781 Mineral 5,092,570 Agricultural 111,927 Cases Before ARB ** (247,078,771) Estimated Minimum Value -ARB Cases** 172,955,140 $3, 750, 427, 552 * -Includes Real Estate and Business Personal Property ** -Includes all property types Also included in the certified values received from the Tarrant Appraisal District is information on the average value of a single family residence within North Richland Hills. Excluding those properties under protest at the time the certified roll was issued, the average value of a single family residence in North Richland Hills is $150,862. This is an increase of $1,054 over the current year's average single family residence value of $149, 808. It is recommended the certified tax roll be accepted and ratified by the City Council. Recommendation: Approve Resolution 2009-028. FISCAL YEAR 2008-2009 SCHEDULE 4 - 5UMMARY OF PROPERTY TAX REVENUE AND DISTRIBUTION NET TAXABLE VALUE: - Total Appraised Vaiue as of July 27, 2009 $3,946,816,685 Less Exemptions: Disabled Veteran {3,865,546) Over 65 {120,332,267} Homestead {319,551,962} _ Disabled Persons (10,066,906} Less: Personal Property Nominal Value Loss 0 Prorated Absolute (281,515} - AgriculturalValue Loss (10,567,.142} Freeport Inventory Value Loss {377,914} Pollution GontrolfProrated Absolute (228,831 } Total Reduction to Values ($465,272,083 Add: Estimated Minimum ARB protestedvalues 172,955,140 Incomplete Property 95, 927, 810 NET TAXABLE VALUE $3,750,427,552 ESTIMATED PROPERTY TAX COLLECTIONS: _ Net Taxable Value $3,750,427,552 Proposed Tax Rate per 5100 Valuation $0.57 Estimated Tots[ Tax Levy at 100% Collection $21.,377,437 Less Estimated 1 °,6 for Uncollectables {213,774) ~.ess TIF Transfer (1,450,000} Less Debt Service Transfer 5,800,000} ( TOTAL ESTIMATED PROPERTY TAX COLLECTIONS(Operatiions} ~9% $13,913,663 °Io of Total Tax Rate TAX RATE DISTRIBUTION SCHEDULE: Tax Rate Distribution General Fund - Maintenance & Operations 62% $0.354116 Debt Service Fund and T1 Fs 38°I° $0.215884 TOTAL DISTRIBUTION 01= TAX RATE 100°!° $0.57000 100% PEOjected DISTRIBUTION OF ESTIMATED TAX REVENUE: Cnll.~ Coll. Transfer to Debt Service Fund 7,250,000 7,250,000 General Fund - Allaintenance & Operations 14,127,437 13,913,663 TOTAL ESTIMATED TAX REVENUE $21,377,.437 $21,163,663 N RH RESOLUTION NO. 2009-028 WHEREAS, the City Council of the City of North Richland Hills, Texas received the Ad Valorem Tax Rolls for the year 2009 from Tarrant Appraisal District in the amount of net taxable value of $3,750,427,552, including minimum value of properties pending disposition before Appraisal Review Board and the estimated net taxable value of incomplete properties; and WHEREAS, the City Council studied said Tax Rolls and approved same on September 14, 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the approval of said Tax Rolls received from Tarrant Appraisal District in July 2009, be and is hereby ratified and said Tax Rolls shall collectively be considered the Tax Roll of this City for 2009 and it is hereby in all things adopted and approved. PASSED AND APPROVED this the 14th day of September, 2009. By: ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mark C. Mills, Budget Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 9-14-2009 Presented by: Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman Tim Welch Council Meeting Date: 9-14-2009 Agenda No. H.1 Subject: Announcements -Councilman Welch Announcements Iron Horse Golf Course is celebrating its 20th Anniversary with special "retro" pricing this week. An anniversary tournament and reception are also planned on Thursday. For complete details, call Iron Horse at 817-485-6666. Residents are invited to a Landscaping in Autumn Seminar from 9 a.m. to noon on Saturday, September 26t". Residents will receive tips on what to plant this fall and how to prepare your landscape for winter. This free event will be held in the Community Room at the North Richland Hills Public Library. To register or get more information, please call 817-427-6600. The NRH Animal Adoption & Rescue Center will host a low cost pet vaccination clinic on Saturday, September 26t" from 10 a.m. to 1 p.m. at Linda Spurlock Park. Rabies vaccinations will be offered for only $5. Residents can also register their pet and get a city license tag for $7. Linda Spurlock Park is located at 6400 Glenview Drive. For more information, please call 817-427-6570. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Officer Sylvester Collins, Police Department An email was received from a citizen stating that they saw Officer Collins on the side of the road in 101 degree heat changing a flat for a teenage girl. They were reassured there were still good guys out there and some wear a uniform and a badge. He stated, "thanks to that officer for taking care of one of our kids, it takes a village...and sometimes a hero". CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 9-14-2009 Agenda No. H.2 Subject: Adjournment