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HomeMy WebLinkAboutCC 2009-10-12 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, October 12, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-104 Tarrant Appraisal District Board of Directors Upcoming Election (10 Minutes) A.3 IR 2009-103 Small Scale Renewable Energy Systems (20 Minutes) 6.0 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 Discuss Land Acquisition -South of 6701 Davis Blvd B.2 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 October 9, 2009 at ~-~S ~~. ~~~~%~/n 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 -October 12, 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, October 12, 2009 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ^ Library on the Friday prior to the meeting (available electronically) ^ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Lombard A.2 Pledge -Councilman Lombard A.3 Special Presentation(s) and Recognitions) -Presentation of Certificate of Recognition to Mid Cities Pregnancy Center -Councilman Sapp 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 NRH City Council Agenda -October 12, 2009 Page 2 of 4 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of September 28, 2009 City Council Meeting B.2 PW 2009-039 Award a Professional Services Agreement to DeOtte, Inc. in the amount of $26,000 for the Iron Horse Golf Course Drainage Improvements (2010) Project B.3 GN 2009-070 Elimination of the Maximum Contribution Rate Limit for TMRS - Ordinance No. 3073 B.4 GN 2009-071 Elimination of TMRS Supplemental Death Benefit -Ordinance No. 3074 C.0 PUBLIC HEARINGS C.1 GN 2009-074 Request by Rivercrown Investments LLC to close and abandon a portion of Susan Lee Lane south of Short Street -Ordinance No. 3076 (This item is not a Public Hearing but is related to Item C.2) C.2 RP 2009-01 Public Hearing and Consideration of a Request from Rivercrown Investments LLC for a Replat of Lots 14-22, Block 4 and Lots 12-14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition (located in the 4800 Blocks of Nancy Lane & Susan Lee Lane - 2.928 acres.) C.3 ZC 2009-07 Public Hearing and Consideration of a Request from Galen and Jane Dinkel for a Zoning Change from AG Agricultural to R-1-S Special Single Family on Tract 1, Abstract 1365 (located at 8936 Rumfield Road - 1.930 acres.) -Ordinance No. 3071 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2009-02 Consideration of a Request from Galen and Jane Dinkel to Approve a Final Plat of Lot 2, Block 1, James Addition (located at 8936 Rumfield Road - 1.930 acres.) E.0 PUBLIC WORKS E.1 PW 2009-038 Approve Ordinance Amending Section 54.121 of the North Richland Hills Code of Ordinances; Changing several Locations and Times School Zones are Currently in Effect -Ordinance No. 3072 F.0 GENERAL ITEMS F.1 GN 2009-069 Tarrant Appraisal District Board of Directors -Nomination for Upcoming Election -Resolution No. 2009-032 NRH City Council Agenda -October 12, 2009 Page 3 of 4 F.2 GN 2009-072 Appointment of Chair to Reinvestment Zone 1 (TIF #1) and Chair to Reinvestment Zone 2 (TIF #2) F.3 GN 2009-073 Appointment to Place 7 on the Library Board 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 Whitson H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on October 9, 2009 at ~ ,~~G~ ~ `' 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 -October 12, 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, October 12, 2009 5:30 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2009-104 Tarrant Appraisal District Board of Directors Upcoming Election (10 Minutes A.3 IR 2009-103 Small Scale Renewable Energy Systems (20 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 Discuss Land Acquisition -South of 6701 Davis Blvd B.2 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 CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: ~ Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-104 .,,~ ° ,K Date: October 5, 2009 .;~:~,, `~i `` ~ ~, Subject: Tarrant Appraisal District Board of Directors Upcoming Election ~~ On September 28, 2009 staff distributed I R 2009-101 to the City Council to inform you that the term of the five-member Board of Directors of the Tarrant Appraisal District will expire on December 31, 2009 and the process of conducting an election of the board has commenced. Each eligible taxing unit is allotted its share of 5,000 votes, based on the 2008 adjusted tax levy imposed by the tax entity. The City of North Richland Hills has been allocated 41 votes which may be cast collectively or separately for any nominee or nominees. Entities may nominate one candidate for each of the five positions to be filled, but are not required to make any nominations. Eligibility requirements are included in the letter from Mr. Law. The following are the steps in the election process: 1. Nominations for the board must be made in an open meeting of the City Council in the form of a resolution by October 14, 2009. If Council chooses to nominate one or more individuals to the board, action will be necessary by the October 12, 2009 Council meeting. 2. TAD will distribute ballots listing all nominees submitted by eligible taxing units by October 29, 2009. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 14, 2009 and the five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for atwo-year term beginning January 1, 2010. In 2007, the City of North Richland Hills did not make a nomination for the TAD Board of Directors but did cast its entire allotment of votes for Mr. John Clanton. North Richland Hills nominated Mr. Clanton in 2005 and he received the City's entire allotment of votes in that election. According to the Tarrant Appraisal District, Mr. Clanton has indicated that he will not seek an additional term. Information on ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ the current members of the Board of Directors that are seeking an additional term has been attached for your reference. Staff from other cities are currently seeking direction from their councils and no one was willing to commit on who they may or may not nominate at this time. Staff needs direction from Council, if you would like to submit nomination(s). A resolution has been prepared and placed on the Regular Agenda, in the event Council should choose to make a formal nomination(s). Respectfully Submitted, ~~~ Mark C. Mills Budget Director J+oe .A.. P'ottb-u~ 6709 txascony Ptace Fort ~ortb, T`~ 7132 8I7.4S6.334? Since graduating with high. honors in 1973 and .earning a Bachelors of Science in Architecture, 3'ae Potthaff has• worked extensively in physical, social and economic planning. He was ~ charter member of the American Institute of Certified Planners, worked in the. early stages of developing strategic planning methods, and pioneered the integration of strategic planning with future studies:lV,[x. Pvtthaff has studied plaruaing issues internationally, traveling to Asia and :Europe through Rotary International's Grraup Study Exchange. Mr, Fatthaff %s currently President of Hill ~xilstrap, Patthaff & 1VIcCxizu~s (HGPl1~, a consulting firm organized to identify investment agpartunities, obtain economic development incentives, secure entitlements, and provide a wide range of services and expertise to business clients. He has extensive experience as a planner, facilitytar, and creative strategist A:dditianally, he owns and manages his own real estate and iiavestments. His experience includes the private, public, and non-profit sectors with an emphasis in real estate,. zoning, land use, government regulation, .risk rnanagernent, expert witnessing, market analysis, site design, economic development, future studies, and g~ave~rnmental relations. A,~fter working as a designer in archit+ectute, Mr. Patthaff sgont the next twelve years of his caxeeac~ in pity pla»niug. During this time in the public sector, he adrniriistered the subdivision of mare tfian i0,00~ late and 1,Q00 rezone reclttests. His respansil3ilities also included camprehe~nsivc and environmental planning, code enforcement and development review, Before opening his first consulting firm, lMr, Patthoff spent seven years as Director of Planning: far the citaies of Arlington, Texas and Bellevue, Washington. As President of Wetzel Potthaff, Inc., he -spent the next thirteen. years pr©viding and managinng a wide vairzety of consulting services centered around business and strategic planning and problem sal~-irig. E~xansples of consulting work successfully completed during this period include: analyzing governmental regulatcyxy actions; managing project teams; and producing business plans, investment strategies and. feasibilitylmarketing studies, Within the volunteer sector, Mr. Potthaff has served on numerous boards of community oxganizatians. Since 1992, he has been an active member of the Tarrant Appraisal District's board of directors, serving . as Chazrmaxa of the Tarrant Appra%sal District far the last eight years. l~r. Potthaff has .also serrved an the boards of a Chamber of Camtnerce, the River Legacy Faundaticm and a C7ne Stop Career Center. Additionally, he ca-chaired a Nlayar's Task Force on Drugs and Came and served on the Tarrant 200a Task Force, Mr. Pattho~` is a past member and Paul Harris Fellow of Rotary International, serving tvra years as the chairman of Rotary District 579's C•rraup Study Exchange. He is also a member of Alpha Chi {honorary academic fraternity); and a past member of the World future Society, I~EI~TSA, the Institute of Urban Design, and the Intematianal Downtown Executives Association. He has guest lectwred at the University ai' Texas at Arlington's graduate school in the departments of Architecture axld the Institute of Urban Studies. Additionally, l1+Ir, Potthoff has served as an instructor in crisis management and media relations for me~aber cities of the North Central Texas Council of Gavernnxents. Resume of John Molyneaux ,~[~.~~ saw cox ~~ sxz~ ~~~ ~x~ av~u. ~~ Y~~ ~tAV~ ~~~~yy~yyy,~~~~vv~~77~~,n~~^H~~T~.~~c A~r~A~s~ ~~[cx ~o~.a~ +~~ s~~~V.~,~.~7 V#13.74.~r ~~~ 1.~~.1:Li4~ l.~/iT ~~ J1. LEA i i'itll~- ~~~ ~1.}~~~ A.~sr~~~A~tax cs~a 1.~~~rs. P~ P~sm~rrr ~~ G~ 2€~fi~2~a1 A~~~t 4~ x~ ~'~ ~ax~ 2a0~ ~~~~ of $a~'NAR A ~,~ ~ A~ ~~ ~~ ~ ~xA .~ N~~~~~ ~~ c~;vv,c~~rs~ ~~~-~~s ~x ~~`W,AR Arr~ .AT'~~ STA'~ :~'E~. John. T. Eubanks x'009 ~YS~n©re ~oa~rt Colleyv'tlle, Texas ?Ci'Q34-CF24 81~-48~-300~~ (Home] 817-~~1l~-9801 Cell) 817-481~3QU9 Fax} ~~~~~h~~averiz~-net ~~} PEItSQNAL Bore--August fir, ~i~4tl u~~d~I~ Texas Married; threes daughters andtwo sons; wee grattdclriitiren F~asidecl ~ 'Tarmnt Conroy. for over t~nircy ~('~4~ years EDUCA"C'iCiN Caldwell ugh Srixoc~,' Caldwell, Texas, 1.958 Texas A&M University; Business Adx~xa.~tian ~ccax~nting>' 19~~ ~~T.er~ESS Chairman, f Executive 4~cer, ~resi~dent and Ch~vuer of 1Vie~co I~ietal. Buildings located in Saufhlake, Texas from 1988 until .2000 ~tetired); rna~rncf~c#.uring .and ~~alss of emeered metat b~ildi~rg systems and components in the Central. and Soutlzearn res,~'ons aftlae TJnited Staffs. Prior ~ ~ 988, served as e~eccrtve andtar- ow.aer in a -variety of bu sin~esses engaged is tx~anul"acbxring and s~Ies C?THEIt. Grapevine-Colteyvilte Ed~tcataor: Foundation, Founding I]~nor and Dire~or C~roll BducatioA FOUndatioII, Fa~nding Donor and director t~pevine-Colleyville: ISIS Baasrl ofTn~st~s-2403-2tIpS, ~sident of hoard ColleyuilIe Ta~c Inaremant Financing District ~''HI+"), Board of Uix~tors Colle~rville Fublzc Libras, Formerly Ex ~7fficia Member of Board ofDirecraxs Colleyville Area Chamber of Commerce Baylor Medical at Grspacrine,1'3anvr and. Ttil'ern}aer of~7evelagment Cc~mrnittee l~Tartheast Tarrant County American Heart Associaticua, Director Harris Methodist Health F"©undat~'o~c-, Boat of~",~rovcmors, P"u~ar~cc ?~ommit~cc Hams lVletht>dist Health Faundativn, Cl~airmanr ~Endowrnent Sub-Committee Harris Methodist Hosptal;~HEB}, Steering Committee for Siratt'~'o~nen's Center Texas Ac~M' U»iversity LowryMays School of Busiiness (~utsta~nding Ait~mxti Tarratst r#.ppraisal Distrit~t, bard of Directors Te:+sas A&M Association of Former Str~dents Endowed Diamond Cenfi.~ry Club Texas ABcM Universi:lxresidenrt's Endowed Scholarship Donor Texas A&M Universi~ Pcrn~anently Endowed l 2a` Man Schol~rsbip l}Qnor ~D `GU~n111tCC ~T Cf}tl~llliltWd ~dllCr~tiOII~ " 'CCII~CII.CC, Ch~iIl Collesyville Lions Club Te3ras A~XcM 12~' Man Foucndation, Mid-tics Ch~tinpions Council Northeast Leader~aip Fon~m, Director Minister of Eduea:tian Rev. Michael D. Glaspie Sr R.ev. Michael ~. Crla~ie serves as Minister of Education I-Te is married to Sis. Janice ~laspie aad they have three children, Tamara, Michael Jr. and Mares. Tile ~xlaspie's live in Arlington, Texas. Rev. Glaspie was born in Maarshall, Texas. He joined the Mou~at t~live Baptist church in June, 1982. ' ~ Marry, 1985, he accepted :his cog as a minister of the Graspel. Since 1986, Rev. Glaspae has been involved in the ministries of the Sunday School Teachers, Evangelism and became tester of Education in the early 19~0's. Rev, +~laspie graduated. fiom the University of Texas at ..Austin receiving a BA and MBA from that university. He has also stcidied at Southern Bible ~stitute and the Callas Baptist Uxdvexsity. In addition tc~ his basic responsibilities associated with the education axes, such as Mt?BI, Sunday Schools and educational seminars, Rev:. Cxlaspie's focal areas axe with. Arlington I~tew Beginnuags, community involvement and the Nevv Members 'Welcoming committee. :fie has received r~ecog~.ition and awards for his involvement with the Arlington Independent School District and othex communi~r ©rganizations and business entities. Michael Glaspie Nliais~er of Chrisfian Educa~.on and I'4~~issions at Ma~.t Alive Bapi~st Church and also serves at the Egec~c~iw+~ Dirt~ectur 4f Nfetr© Chart+~r ~,,caclemy. He has served as a member of the Arlington 1SD hoard of Trustees cc 1991. He has a BA in Mathematics axed an: MBA. from the University of Texas at .Austin. ~e lass done work on a lUlasters of Biblical a~fiudies~ at L)allas Baptist University. Mr. Glaspie retired from. IBM after atwenty-one year caxeer in marketing end rnarlretix~g management ©f information technalc~gy systems and solutions. He and his wife, Janice, have three children, a daughter and two sons, who are benefititig from. the excellent education they received from the AISI3. INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2009-103 ~~ ;.,r~~~::~ Date: October 12, 2009 `~~~~ ~~' Subject: Small Scale Renewable Energy Systems ,~ Nationwide interest and funding for renewable energy systems continues to increase. Due to these factors staff believes it to be prudent to review the potential applications of "small scale" wind and solar systems that could occur. Small wind and solar are the two primary renewable energy systems that are likely to be used in the urban setting by citizens and property owners. Current regulatory control in the City of North Richland Hills zoning ordinance only states that "Wind chargers" are permitted in all zoning districts with a Special Use Permit; and then only located on lots of two (2) acres or more. This regulation is typical of many other municipalities throughout the metroplex and country. The key issue with having such a regulation is that it does not adequately address other issues with large systems, and all but prohibits the use and application of small systems that may become feasible and desired by citizens and property owners. Because development and advancements in technologies will continue, it is apparent the viable use of small wind systems and the increase in solar applications in an urban setting is eminent. Therefore staff is recommending that the city began to address the potential use of "small renewable energy systems" and their application on both residential and commercial properties. Staff has evaluated and researched both current wind and solar energy systems that could potentially be used on urban applications and would like to introduce potential regulatory control on both. A power point presentation will be made to City Council regarding small scale renewable energy systems in order to get feedback for introducing new regulations primarily regarding aesthetic controls for allowing renewable energy systems within North Richland Hills. Respectfully submitted, Eric Wilhite, AICP Chief Planner ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS ~~ CITY OF NORTH RICHLAND HILLS Department:.City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. B.0 Subject: EXECUTIVE SESSION -The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.072 Texas Government Code to Discuss Land Acquisition -South of 6701 Davis Blvd CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. B.2 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: 10-12-2009 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, October 12, 2009 7:00 P.M. A.0 Call to Order -Mayor Trevino A.1 Invocation -Councilman Lombard A.2 Pledge -Councilman Lombard A.3 Special Presentation(s) and Recognitions) - Presentation of Certificate of Recognition to Mid Cities Pregnancy Center -Councilman Sapp 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 September 28, 2009 City Council Meeting B.2 PW 2009-039 Award a Professional Services Agreement to DeOtte, Inc. in the amount .of $26,000 for the Iron Horse Golf Course Drainage Improvements ,~2010~Project B.3 GN 2009-070 Elimination of the Maximum Contribution Rate Limit for TMRS - Ordinance No. 3073 B.4 GN 2009-071 Elimination of TMRS Supplemental Death Benefit -Ordinance No. 3074 C.0 PUBLIC HEARINGS C.1 GN 2009-074 Request by Rivercrown Investments LLC to close and abandon a portion of Susan Lee Lane south of Short Street -Ordinance No. 3076 (This item is not a Public Hearing but is related to Item C.2) C.2 RP 2009-01 Public Hearing and Consideration of a Request from Rivercrown Investments LLC for a Replat of Lots 14-22, Block 4 and Lots 12-14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition (located in the 4800 Blocks of Nancy Lane & Susan Lee Lane - 2.928 acres.) C.3 ZC 2009-07 Public Hearing and Consideration of a Request from Galen and Jane Dinkel for a Zoning Change from AG Agricultural to R-1-S Special Single Family on Tract 1, Abstract 1365 (located at 8936 Rumfield Road - 1.930 acres.) -Ordinance No. 3071 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing D.1 FP 2009-02 Consideration of a Request from Galen and Jane Dinkel to Approve a Final Plat of Lot 2, Block 1, James Addition (located at 8936 Rumfield Road - 1.930 acres. ) E.0 PUBLIC WORKS E.1 PW 2009-038 Approve Ordinance Amending Section 54.121 of the North Richland Hills Code of Ordinances; Changing several Locations and Times School Zones are Currently in Effect -Ordinance No. 3072 F.0 GENERAL ITEMS F.1 GN 2009-069 Tarrant Appraisal District Board of Directors -Nomination for Upcoming Election -Resolution No. 2009-032 F.2 GN 2009-072 Appointment of Chair to Reinvestment Zone 1 (TIF #1) and Chair to Reinvestment Zone 2 (TIF #2) F.3 GN 2009-073 Appointment to Place 7 on the Library Board G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session A enda H.0 INFORMATION AND REPORTS H.1 Announcements -Councilman Whitson H.2 Adjournment CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. A.0 Subject: Call to Order -Mayor Trevino CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman Tom Lombard Council Meeting Date: 10-12-2009 Agenda No. A.1 Subject: Invocation -Councilman Lombard CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman Tom Lombard Council Meeting Date: 10-12-2009 Agenda No. A.2 Subject: Pledge -Councilman Lombard CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman Ken Sapp Council Meeting Date: 10-12-2009 Agenda No. A.3 Subject: Special Presentation(s) and Recognitions) -Presentation of Certificate of Recognition to Mid Cities Pregnancy Center -Councilman Sapp The Mid Cities Pregnancy Center in North Richland Hills is celebrating is 25t" year of providing free information, counseling and support to pregnant women. Executive Director Paula Odom will attend the October 12, 2009 City Council Meeting to receive a certificate from the City recognizing the Center's 25t" Anniversary. Certificate of Recognition Mid-Cities Pregnancy Center CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH R/CHLAND HILLS Department: ,City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. B.1 Subject: Approval of Minutes of September 28, 2009 City Council Meeting Recommendation: To approve the minutes of the September 28, 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 -SEPTEMBER 28, 2009 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 28t" day of September 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 Andy Kancel Assistant Police Chief Patrick Hillis Human Resources Director Jamie Brockway Purchasing Manager Greg VanNieuwenhuize Assistant Public Works Director Laury Fiorello Assistant Finance Director Craig Hulse Economic Development Director Call t~ nrder Mayor Trevino called the work session to order at 5:45 p.m. A.1 Discuss Items from Regular City Council Meeting Agenda Item B.3, PU 2009-032 -Councilman Whitson inquired about the Grand Avenue Park Plaza construction schedule. Staff anticipates the project to be completed January 2010 with the work of art being unveiled at completion. B.1 IR 2009-096 Legislative Update Ms. Bostic, Assistant City Manager, updated Council on the legislation approved during the 81St Legislative Session that related to municipalities. Ms. Bostic highlighted the bills that impacted the City requiring action and those bills that the City did not need to take action or that the City is in compliance. B.2 IR 2009-097 Financing Retiree Health Benefits and Meeting GASB 45 Requirements Mr. Koonce, Finance Director, recapped GASB 45 requirements. Mr. Koonce presented the proposed plan being developed by Staff that will fund current and future retiree health care benefits. The City is proposing to make aone-time contribution of $350,000 to establish a Retiree Health Benefit Fund and make annual contributions of $100,000 or 10% of excess insurance fund reserves, whichever is greater. The first year's contribution is calculated at $150,000. In future years, the City and employees will split the contribution at a ratio of 80% to 20%. Staff also recommends that the City Manager be given the discretion to make annual transfers from the general and utility funds to the retiree health benefit funds, as funds are available. The retiree health benefit fund should be established by an irrevocable trust. Staff also recommends that the Human Resources Department explore eligibility requirements for retirees and health plan design modifications to manage retiree health care costs. If Council concurs with the recommendations of Staff, Council will need to take the following steps 1) approval by resolution of the retiree health benefit funding plan; 2) establish an irrevocable trust and appoint a manager of the trust funds; 3) and make appropriate budget changes and fund transfers to establish the retiree health benefit fund. After questions from the Council, the consensus was for Staff to bring the required items forward for Council action. B.3 IR 200.9-098 Update on Northeast Transportation Service Ms. Elizabeth Reining, Assistant to the City Manager, reported on the activities of the Northeast Transportation Service (NETS). The purpose of NETS is to provide door-to- door transportation service to the senior and disabled residents of Hurst, Bedford, Euless, Grapevine, Keller, Haltom City, and North Richland Hills. The majority of the trips are medical related, with other related trips for work, social services, senior centers, education and shopping. Ms. Reining reviewed the funding of NETS and reviewed the ridership usage by City. North Richland Hills had an 11 % increase in trips this year and several of the other cities had an increase in usage. With the increase in usage, costs have increased. The NETS Board took steps in January in anticipation of continued increased usage costs and approved afive-year local contribution schedule that will begin October 1, 2009. Ms. Reining reviewed the new local contribution schedule and fare schedule. There were no questions from the Council. B.4 IR 2009-099 Preparation for Reauthorization of Crime Control District Mr. Perdue, Assistant City Manager, briefed the Council on the background of the City's Crime Control and Prevention District. The District was originally approved by the voters in 1996 for five years and reauthorized in 2001 for ten years. Council discussed the reauthorization during the Mid-Year Planning Work Shop and the consensus was to continue with the District. Mr. Perdue discussed with Council the time frame, the necessary steps for a reauthorization election and potential dates for the election. After discussion by the Council, the consensus was to seek a 20-year reauthorization and to move forward with holding the election in May 2010. C.0 Adjournment Mayor Trevino announced at 6:29 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 September 28, 2009 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Scott Turnage John Lewis Ken Sapp Tom Lombard Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Karen Bostic Jimmy Perdue Mayor Mayor Pro Tem, Council, Place 6 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples Attorney A.1 INVOCATION Mayor Pro Tem Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITIONS) No items for this category. A.4 CITIZENS PRESENTATION Mayor Trevino announced that several appearance cards were turned in to. speak during citizen presentation and citizens would be called in the order they was received. Mayor Pro Tem Turnage announced that he would call on as many citizens to come up and speak as time allowed. The following individuals spoke in favor of Council prayer before each Council Meeting. Jay Garner, 6408 Devonshire Drive, NRH Jack Lewis, 4600 Sabelle, Haltom City Faith Mendoza, 4109 Cummings Drive, NRH Jack Drain, 733 Hunters Glen Court, Bedford Tito Rodriguez, 6701 Victoria, NRH Mike Peters, 7304 Wexford Court, NRH Roger Lewis, 8525 Castle Creek Road, NRH Kyle Smith, 7552 Starnes Road, NRH Paul Paschall, 4809 Fairway Court, NRH Anna Griffith, 3700 Oakbriar Lane, Colleyville Jim Bustamante, 6921 Victoria Avenue, NRH Mayor Pro Tem Turnage stated that due to time restraints any citizen still wishing to speak with the Mayor and Council could call the Mayor's Action Line at 817-427-6070 or email the Mayor at mayor~a7nrhtx.com with their comments. RECESS AND BACK TO ORDER Mayor Trevino recessed the meeting at 7:38 p.m. and called the meeting back to order at 7:43 p.m. with all members present as recorded. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF SEPTEMBER 14, 2009 COUNCIL MEETING B.2 PW 2009-036 AWARD OF PROJECT RFB NO. 09-041 TO UTILITY CONSTRUCTION SERVICES OF TEXAS, INC. IN THE AMOUNT OF $782,852.50 FOR THE CONSTRUCTION OF THE HOLIDAY LANE /IRON HORSE BOULEVARD WATER LINE PROJECT (UT0806) B.3 PU 2009-032 AWARD BID NO. 09-002 TO AMERICAN LANDSCAPE SYSTEMS IN THE AMOUNT OF $234,286 FOR CONSTRUCTION OF THE GRAND AVENUE PARK PLAZA CC?UNCILMAN ~..OMBARD MOPED TO APPROVE THE CONSENT AGENDA. MAYOR PRt) TEM TURNAGE sECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7-0. PUBLIC HEARINGS C.1 No items for this category. PLANNING & DEVELOPMENT D.1 Items to follow do not require a public hearing. No items for this category. PUBLIC WORKS E.1 PW 2009-037 APPROVE ORDINANCE AMENDING CHAPTER 102 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, ESTABLISHING REGULATIONS FOR EROSION AND SEDIMENT CONTROL -ORDINANCE NO. 3070 APPROVED Greg VanNieuwenhuize, Assistant Public Works Director summarized the item. The National Pollutant Discharge Elimination System (NPDES) program is a federal regulatory program that was established to control discharges of pollutants into surface waters of the United States. The Texas Commission on Environmental Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) program now has federal regulatory authority over discharges of pollutants to Texas surface water. Cities were required to develop a stormwater plan that addresses the six minimum control measures identified by the TPDES. One of the tasks identified in the City's stormwater management plan (and mandated by the TCEQ) is that the City create and adopt an "Erosion and Sediment Control" Ordinance. The Planning and Zoning Commission unanimously recommended approval of Ordinance No. 3070. COUNCILMAN ~ WELCH MOVED TO APPROVE PW 2009-037; ORDINANCE NO. 3070. COUNCILMAN WHITSON SECONDED THE MQTION. MOTION TO APPROVE CARRIED 7-0. GENERAL ITEMS F.1 GN 2009-065 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Elizabeth Reining, Assistant to the City Manager, presented the item. The Youth Advisory Committee (YAC) currently has 4 vacancies due to members graduating last spring. To partially fill those vacancies, the following new members are recommended for appointment: Brandon Vinson -Richland High School-Grade 9 James Dargan -Richland High School-Grade 11 These new appointments are in accordance with the YAC by-laws. Further appointments to fill YAC vacancies will be brought to City Council at a later date. COUNCILMAN I,,.OMBARD MOVED TO ,APPROVE GN 2009-OC5~ APPOINTMENT OF BRANDON VINSON AND JAMES DARGAN TO THE YOUTH ADVISORY COMMITTEE. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED ~-0. F.2 GN 2009-066 FY 2010 TEEN SEAT BELT PROJECT/CLICK IT OR TICKET MOBILIZATION PROGRAM GRANT -RESOLUTION NO. 2009-030 APPROVED Assistant Police Chief Andy Kancel presented the item. Item is to approve a resolution authorizing application for the Texas Department of Transportation's Teen Seat Belt Project/Click it or Ticket Mobilization Grant. The grant will reimburse law enforcement for overtime hours incurred while conducting occupant restraint use enforcement under the FY 2010 Texas Traffic Safety Program. The enforcement period of the grant is October 19, 2009 through June 6, 2010. Under the terms of the grant, the City agrees to fund overtime for additional enforcement targeting occupant restraint use during the enforcement periods. The Police Department will seek reimbursement at the conclusion of the grant period. MAYOR PRO TEM TURNAGE MOVED TO APPROVE RESOLUTION NO. 2009-030. COUNCILMAN WHITSON SECONQED THE MOTION. MOTION TO APPROVE CARRIED ~-0. Mayor Pro Tem Turnage left the Council Meeting at 7:52 p. m. F.3 PU 2009-033 AWARD 09-042 BANK DEPOSITORY SERVICES CONTRACT TO JP MORGAN CHASE BANK APPROVED Mayor Trevino announced that Mayor Pro Tem Turnage would be abstaining from the this item. Mayor Pro Tem Turnage's spouse is employed by Frost Bank who has submitted a bid for contract. An affidavit of disqualification has been completed by Mayor Pro Tem Turnage and filed with the City Secretary stating the nature of the interest was spouse is an officer with Frost Bank. Larry Koonce, Finance Director summarized the item. The item is to consider the award of bank depository services contract. The City requested bids in accordance with city policy and qualifications were received from 5 firms. The City's proposal review committee and investment committee reviewed and evaluated the bids and is recommending award of the contract to JPMorgan Chase Bank. COUNCILMAN LEwIS MOVED TO APPROVE PU 2009-033, COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0; MAYOR. PRO TEM TURNAGE ABSTAINING Mayor Pro Tem Turnage returned to the Council dais at 7:55 p.m. F.4 GN 2009-067 APPOINTMENT TO PLACE 3A ON THE ZONING BOARD OF ADJUSTMENT APPROVED Patricia Hutson, City Secretary presented the item. The Place 3 Alternate position on the Zoning Board of Adjustment is vacant. Councilman Lombard is recommending the appointment of Mr. Robert W. Housewright to the position. The term of office for Place 3A will expire June 30, 2011. COUNCILMAN LOMBARD MOVED TO APPROVE GN 2009-067•, APPOINTMENT of ROBERT HOUSE1AtRIGHT TO PLACE 3A ON THE ZONING BOARD OF ADJUSTMENT. COUNCILMAN SAPP SECONDED THE MOTION, MOTION TO APPROVE CARRIED ~-0. F.5 GN 2009-068 AUTHORIZE PROPERTY TAX REFUND TO ALLEN SAMUELS DODGE HYUNDAI FOR OVERPAYMENT OF VEHICLE INVENTORY TAX APPROVED Karen Bostic, Assistant City Manager presented the item. Earlier this month the City of North Richland Hills received a request from Allen Samuels Dodge Hyundai to refund a portion of the property taxes they paid toward their motor vehicle inventory tax. The dealership makes monthly payments into an escrow account for the value of the vehicles they have in inventory. While processing their December 2008 payment of $11,461.31 the person making out the payment request inserted a 7 between the 4 and the 6 resulting in a check being cut for $114,761.31. This was a $103,300 overpayment of their taxes for the month. This went unnoticed by the dealership until a routine audit was done this summer. Staff is recommending a tax refund of $22,561.01 to be paid to Allen Samuels Dodge Hyundai. COUNCILMAN WHITSON MOVED TO APPROVE GN 2~Q9-Q88. COUNCILMAN LE111FIS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-Q. EXECUTIVE SESSION ITEMS G.1 No items for this category. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Barth made the following announcements. Keep NRH Beautiful is seeking volunteers for its annual Trash Bash litter cleanup event. This year's Trash Bash will be held on Saturday, October 3rd. Neighborhood associations, businesses, church groups and student groups are encouraged to participate. To volunteer or get more information, please call 817-427-6651. The North Richland Hills Public Library will hold its annual book sale from 9:00 a.m. to 4:00 p.m. on Saturday, October 3rd. Many of the books being sold are donations that the library was unable to use in its collection. Other items were removed from the collection throughout the year. All proceeds from the sale will go towards the purchase of new books. The Library is located at 9015 Grand Ave. For more information, please call 817-427-6814. Join the North Richland Hills Police Department is celebrating the 26th Annual National Night Out on the evening of October 6th. Residents are encouraged to turn on their porch lights and gather with their neighbors to show unity against criminal activity. Please contact the Police Department at 817-427-7021 to register your neighborhood event. Kudos Korner -Terry Wreay, Public Works Street Supervisor. A letter was received from a resident expressing gratitude and praise for Terry's excellent work and professionalism. A project to fix a deteriorating gutter had left damage to the resident's front yard and created a dangerous situation for children. Terry realized the potential hazard and exposure to the city and made sure the issue was resolved and repaired immediately. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:03 p.m. Oscar Trevino -Mayor ATTEST: Patricia Hutson, City Secretary CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 10-12-2009 Presented by: Greg Van Nieuwenhuize Agenda No. B.2 Subject: PW 2009-039 Award a Professional Services Agreement to Deotte, Inc. in the amount of $26,000 for the Iron Horse Golf Course Drainage Improvements (2010) Project This Capital Improvements Project is identified as the "Iron Horse Golf Course Drainage Improvements (2010)" Project in the Capital Projects Budget (Project No. DR1003). The scope of the project's design will include correcting erosive action at the tee box for the 16t" hole through silt removal and design of a gabion wall along Singing Hills Creek as it borders the tee box. Richard Deotte of Deotte, Inc. has extensive experience with drainage in general, but also has over ten years of experience working with City staff and Iron Horse Golf Course personnel to identify and remedy numerous drainage challenges. Ongoing drainage issues are an inherent characteristic of a golf course like Iron Horse, which exists largely within the 100-year flood plain and includes portions of Big Fossil Creek, one of Tarrant County's largest tributaries. Mr. Deotte authored the 1999 Iron Horse Golf Course Erosion and Sedimentation Control Master Plan which detailed dozens of areas throughout the golf course with current or impending drainage problems. Since that time, Mr. Deotte has designed several Capital Improvement Projects for the golf course which stabilized the most critical areas, including two recently constructed (2008) gabion tieback walls along Singing Hills Creek near the 10t" tee box and along Big Fossil Creek near the 7t" and 10t" fairways. Because of his experience with Iron Horse Golf Course and his expertise in this area, staff recommends that the engineering design of this project be awarded to Deotte, Inc. Deotte, Inc. provides full-service civil engineering and construction management services specializing in the design and construction of public infrastructure for both public and private clients. Deotte, Inc. has successfully completed hundreds of projects for over 75 clients including 12 Cities in its eight year history. It has developed a reputation for superior quality and responsiveness. The engineering agreement outlines the scope of work in Exhibit A. Listed below are the key items within the scope of work: • Research and data collection including evaluation of historical erosion and depositation patterns upstream and downstream of the subject area. • Topographic Survey. • Geotechnicallnvestigation. • Engineering Design and Construction Administration. The engineering agreement indicates a detailed schedule for this work as follows: Activit Due Date Design Survey and Geotechnical Study 11-5-09 50% Complete Construction Plans 11-26-09 90% Complete Construction Plans 12-17-09 100% Complete Construction Plans 1-7-10 and Bid Documents Advertise for Construction Bids As Directed The Public Works Department negotiated a design fee of $26,000. This design fee consists of a base design fee and a fee for special services (geotechnical study). Shown below is a breakdown of this design fee: Base Design Fee Special Services Total Design Fee $ 22, 000 4 000 $ 26,000 The total amount of the professional services agreement for this project is not to exceed $26,000. There is sufficient funding for these design services in the 2009-2010 Capital Projects Budget. Recommendation: Approve the professional services agreement with DeOtte, Inc. in the amount of $26,000 for the Iron Horse Drainage Improvements (2010) Project and authorize the City Manager to execute such agreement. ,,~ _- ~, ~_ 1 { I { I - Iron Horse Golf Course Drainage Improvements .~ .. ?; <- 4 y a"- a ~. tK, "~'il~ u . ~w~ ~:;. [tOi` i(OR.~F GOLF ('Oti RSF. ~;.:, . ,~ i ,mil _ x. ~~ _i_.____._. i_. I j 5` ! 1~ y 1~ , ~~ '. +~ 11, ,~ ,tt Scale: `1" = 500" r f Iron Horse Golf Course Drainage Improvements N W - E S NE~RTH ~~~ ~ RICHLAND f HILLS P~'~''~ Project Locator Map ~~~ ~ y~F''~ ,~ _PQ~P F -";, ~ti,_ r~r~rrrr~~rr~t~trr~r~ 1' .SUN C~ Staneard ~aps;~IP d Iron MOfse Cio3f Course Dra~naye Imps.mxc tnformatwn Services Deparrn~nt - CIS .. G; ~ ¢ 1 _ _; ~, AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF NORTH RICHLAND HILLS AND DeOtte, Inc. This Agreement is executed by and between the City of North Richland Hills, a municipal corporation located in Tarrant County, Texas, acting by and through Mark Hindman, its duly authorized City Manager (hereinafter called "CITY"), and DeOtte, Inc., a Texas corporation, acting by and through its President, Richard W. DeOtte; its duly authorized Principal (hereinafter called "ENGINEER"). WITNESSETH, that CITY desires professional engineering services in connection with the Iron Horse Drainage Improvements (2010). NOW, THEREFORE, CITY and ENGINEER, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: II. PROJECT In this Agreement, the "PROJECT" means the engineering design of the Drainage Improvements to the 16t" Tee Box at Iron Horse Golf Course in accordance with the Public Works Design Manual, applicable CITY codes, regulations and standards. III. BASIC AGREEMENT ENGINEER is an independent contractor and undertakes and agrees to perform professional engineering services in connection with the PROJECT, as stated in the sections to follow. It is understood and agreed that ENGINEER is not and will not by virtue of this contract be deemed to be an agent or employee of CITY and that CITY will not be entitled to direct the performance by ENGINEER's employees or subcontractors of the tasks contemplated by this contract. All engineering services shall be performed with diligence and in accordance with professional standards customarily obtained for such services in the State of Texas. For rendering such services CITY agrees to pay ENGINEER as set forth in Section VIII: "Compensation" and Exhibit C: "Compensation". IV. SCOPE OF ENGINEER'S SERVICES ENGINEER shall render the professional services necessary for development of the PROJECT, in accordance with the schedule in Exhibit B: "Project Schedule" and as detailed in Exhibit A: "Scope of Services", said exhibits being attached hereto and incorporated herein for all purposes. ENGINEER shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in the Dallas/Fort Worth Metroplex area, for professional and technical soundness, accuracy, and adequacy of all designs, drawings, specifications, and other work and materials furnished under this Agreement. V. SPECIAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Special Engineering Services as indicated in Exhibit C: "Compensation", attached hereto and made a part of this Agreement. VI. ADDITIONAL ENGINEERING SERVICES The CITY will pay the ENGINEER for Additional Engineering Services as indicated in Exhibit C: "Compensation", attached hereto and made a part of this Agreement. VII. SCOPE OF CITY SERVICES The City will furnish items and provide information as identified in Exhibit D: "Information to be provided by the City", attached hereto and made a part of this Agreement. VIII. COMPENSATION A. In consideration of the services described herein, CITY shall pay and ENGINEER shall receive compensation in accordance with Exhibit C: "Compensation". B. Total payments including without limitation salary and reimbursable expenses, to ENGINEER by CITY for the services stated in Section IV and Section V above shall not exceed twenty-six thousand dollars ($26,000). C. CITY may authorize additional services to be provided by ENGINEER as mutually agreed upon by the parties. Any authorization for additional services shall be given to ENGINEER by CITY in writing and approved by CITY. D. CITY and ENGINEER understand that the variables in ENGINEER's cost of performance may fluctuate. The parties agree that any fluctuation in ENGINEER's costs will in no way alter ENGINEER's obligations under this Agreement nor excuse performance or delay on ENGINEER's part. IX. OWNERSHIP OF DOCUMENTS All completed or partially completed evaluations, reports, surveys, designs, drawings and specifications prepared or developed by ENGINEER under this Agreement, including any original drawings, computer disks, mylars or blue lines, shall become the property of CITY when the Agreement is concluded or terminated, and may be used by CITY in any manner it desires; provided, however, that ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described_ in this Agreement. X. INDEMNITY ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM ANY LIABILITY ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PROPERTY, INCLUDING COURT COSTS AND REASONABLE ATTORNEY' FEES INCURRED BY CITY, PROXIMATELY CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF ENGINEER OR ITS OFFICERS, AGENTS, SERVANTS, CONTRACTORS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Approval by CITY of contract documents shall not constitute or be deemed to be a release of the responsibility and liability of ENGINEER, its officers, agents, employees and subconsultants, for the accuracy and competency of the services performed under this Agreement, including but not limited to evaluations, reports, surveys, designs, working drawings and specifications, and other engineering documents. Approval by CITY shall not be deemed to be an assumption of such responsibility and liability by CITY for any error, omission, defect, deficiency or negligence in the performance of ENGINEER's professional services or in the preparation of the evaluations, reports, surveys, designs, working drawings and specifications or other engineering documents by ENGINEER, its officers, agents, employees and subconsultants, it being the intent of the parties that approval by CITY signifies CITY's approval of only the general design concept of the improvements to be constructed. In this connection, ENGINEER and its subconsultants shall indemnify and hold CITY and all of its officers, agents, servants, and employees harmless from any loss, damage, liability or expenses, on account of damage to property and injuries, including death, to any and all persons, including but not limited to officers, agents or employees of ENGINEER or its subconsultants, and all other persons performing any part of the work and improvements, which may arise out of any negligent act, error, or omission in the performance of ENGINEER's professional services or in the preparation of evaluations, reports, surveys, designs, working drawings, specifications and other engineering documents incorporated into any improvements constructed in accordance therewith; ENGINEER shall defend at its own expense any suits or other proceedings brought against CITY and its officers, agents, servants and employees or any of them on account of the foregoing described negligent acts, errors or omissions, and shall pay all expenses and satisfy all judgments which maybe incurred by or rendered against CITY, its officers, agents, servants and employees or any of them, in connection with the foregoing described negligent acts, errors, or omissions; provided and except however, that this indemnification provision shall not be construed as requiring ENGINEER to indemnify or hold CITY or any of its officers, agents, servants or employees harmless from any loss, damages, liability or expense, on account of damage to property or injuries to persons caused by defects or deficiencies in design criteria and information furnished to ENGINEER by CITY, or any deviation in construction from ENGINEER's designs, working drawings, specifications or other engineering documents. XI. INSURANCE For the duration of this Agreement, ENGINEER shall maintain the following minimum public liability and property damage insurance which shall protect ENGINEER, its subcontractors, its subconsultants and CITY from claims for injuries, including accidental death, as well as from claims for property damage which may arise from the performance of work under this Agreement. ENGINEER shall provide a Certificate of Insurance verifying that the following minimum limits of coverage are provided: A. Worker's Compensation Insurance: Statutory requirements ($ 300,000 minimum) B. Comprehensive General Liability and Bodily Injury: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate C. Comprehensive Automobile Liability: Bodily Injury $ 500,000 per person, or $ 1,000,000 per occurrence; and Property Damage $ 100,000 each occurrence; or Combined Single Limit $ 1,000,000 aggregate D. Professional Liability: Errors and Omissions $ 1,000,000 The Certificate of Insurance shall contain a provision that such insurance cannot be canceled or modified without thirty (30) days prior written notice to CITY. XII. ARBITRATION No arbitration arising out of or relating to this Agreement shall occur without both parties' written approval. XIII. TERMINATION AND SUSPENSION A. CITY may terminate this Agreement at any time for convenience or for any cause by a notice in writing to ENGINEER. Either CITY or ENGINEER may terminate this Agreement in the event the other party fails to perform in accordance with the provisions of this Agreement. Upon receipt of such notice, ENGINEER shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. B. If CITY terminates this Agreement under the foregoing Paragraph A, CITY shall pay ENGINEER a reasonable amount for services performed prior to such termination, which payment shall be based upon the payroll cost of employees engaged on the work by ENGINEER up to the date of termination of this Agreement and for subcontract and reproduction in accordance with the method of compensation stated in Section VIII: "Compensation" hereof. In the event of termination, the amount paid shall not exceed the amount appropriate for the percentage of work completed. XIV. SUCCESSORS AND ASSIGNS CITY and ENGINEER each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither CITY nor ENGINEER shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. XV. AUTHORIZATION, PROGRESS, AND COMPLETION CITY and ENGINEER agree that the PROJECT is planned to be completed in accordance with the Exhibit B: "Project Schedule" which is attached hereto and made a part hereof. ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, ENGINEER shall not be responsible for schedule delays resulting from conditions beyond ENGINEER's control. With mutual agreement, CITY and ENGINEER may modify the Project Schedule during the course of the PROJECT and if such modifications affect ENGINEER's compensation, it shall be modified accordingly, subject to City Council approval. For Additional Engineering Services, the authorization by CITY shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation as agreed upon by CITY and ENGINEER. It is understood that this Agreement contemplates the full and complete Engineering services for this PROJECT including any and all services necessary to complete the work as outlined in Exhibit A: "Scope of Services". Nothing contained herein shall be construed as authorizing additional fees for services to provide complete services necessary for the successful completion of this PROJECT. XVI. SUBCONTRACTS ENGINEER shall be entitled, only if approved by CITY, to subcontract a portion of the services to be performed by ENGINEER under this Agreement. XVII. RIGHT TO AUDIT ENGINEER agrees that CITY shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of ENGINEER involving transactions relating to this Agreement. ENGINEER agrees that CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. CITY shall give ENGINEER reasonable advance notice of intended audits. ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that CITY shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, design calculations, quantity take-offs, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. CITY shall give subconsultant reasonable advance notice of intended audits. XVIII. EXHIBITS Both parties agree to the following exhibits and as such, the following exhibits are made a part of this Agreement: Exhibit "A" Scope of Services Exhibit "B" Schedule of Services Exhibit "C" Compensation Exhibit "D" Information to be Provided by the City Exhibit "E" Conflict of Interest Questionnaire XIX. MISCELLANEOUS A. Authorization to Proceed. Signing this Agreement shall be construed as authorization by CITY for ENGINEER to proceed with the work, unless otherwise provided for in the authorization. B. Legal Expenses. In the event legal action is brought by CITY or ENGINEER against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions of this Agreement, the prevailing party in any litigation between the parties to this agreement shall be entitled to reasonable attorney fees as provided by Section 271.159, Texas Local Government Code. C. Notices. Any notice or correspondence required under this Agreement shall be sent by certified mail, return receipt requested, or by personal delivery and shall be effective upon receipt, if addressed to the party receiving the notice or correspondence at the following address: If to ENGINEER: DeOtte, Inc. Attn: Richard W. DeOtte, P.E. 2552 East Loop 820 North Fort Worth, Texas 76118 If to CITY: City of North Richland Hills Attn: Caroline Waggoner, P.E. Public Works Department 7301 N.E. Loop 820 North Richland Hills, Texas 76180 D. Independent Contractor. ENGINEER shall perform services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the CITY and ENGINEER shall have the exclusive right to control services performed hereunder by ENGINEER, and all persons performing same, and shall be responsible for the negligent acts and omissions of its officers, agents, employees, and subconsultants. Nothing herewith shall be construed as creating a partnership or joint venture between CITY and ENGINEER, its officers, agents, employees and subconsultants; and the doctrine of respondent superior has no application as between CITY and ENGINEER. E. Venue. This Agreement shall be governed by the laws of the State of Texas, and venue in any proceeding relating to this Agreement shall be in Tarrant County, Texas. F. Entire Agreement. This Agreement represents the entire and integrated agreement between CITY and ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both CITY and ENGINEER. G. Severability. If any provision in this Agreement shall be held illegal by a valid final judgment of a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable. H. Assignment. CITY and ENGINEER each bind themselves, their heirs, successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. This Agreement is not to be assigned, sublet or transferred, in whole or in part, by either CITY or ENGINEER without the prior written consent of the other party. I. Disclosure. By signature of this Agreement, ENGINEER warrants to CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interests, direct or indirect, in property abutting the PROJECT and business relationships with abutting property owners. ENGINEER further warrants that it will make disclosure in writing of any conflicts of interest which develop subsequent to the signing of this Agreement and prior to final payment under this Agreement. This Agreement is executed in two (2) counterparts. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement this the day of CITY OF NORTH RICHLAND HILLS (CITY) By: Mark Hindman, City Manager Date: ATTEST: City Secretary 20 By: DeOtte, Inc. (ENGINEER) Richard W. DeOtte, P.E., Principal Date: ATTEST: Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: CI TY SEAL CORPORATE SEAL EXHIBIT A Scope of Services 16th Tee Box Drainage Improvements Iron Horse Golf Course North Richland Hills, Texas Design of Drainage Improvements The location proposed for design includes the erosion on the east side of the 16th tee box on a portion of Singing Hills Creek. We looked at this location previously and I reported by email on April 7th. We are familiar with the site and conditions at that time. We haven't reviewed the site since that time. The improvements at this location is expected to be some form of armoring like concrete, gabions or another type of erosion wall. Services will include survey, geotechnical study, design, and limited construction assistance. 1. Research and Data Collection 1.1. Research and review existing utility and public infrastructure information by the City of North Richland Hills and franchise private utilities. 1.2. Coordinate with the golf course regarding available information of below ground irrigation, electrical conduit or other underground improvements that might affect construction. 1.3. Perform site observations upstream and downstream of both locations to evaluate historical erosion and deposition patterns for use in design. 2. Survey 2.1. Establish vertical and horizontal control in the vicinity of the project sites. This control will be based on the City's GIS system datum. 2.2. Conduct field topographic survey of the proposed improvement areas for use in design and plan preparation. Cross-sections will be derived from the topographic survey. 2.3. Field survey shall be conducted on a day on which the Course is closed if preferred by the City. The City shall advise as to which days will be available. 3. Geotechnicallnvestigation 3.1. Conduct on site subsurface geotechnical investigation for each site where structural improvements are needed. 3.2. Perform laboratory analysis of samples obtained in the field to determine properties relevant to retaining wall and/or bridge improvements as appropriate. 3.3. A report detailing the investigation, analysis and engineering recommendations will be prepared and provided to the City. 3.4. Field geotechnical work shall be conducted on a day on which the Course is closed. The City shall advise as to which days will be available. 4. D~gn and Construction 4.1. Prepare design plans for use in the review, bidding and construction portions of the project. Plans will be prepared for construction of improvements to correct the erosion at the 16t" Tee Box. 4.2. Prepare proposal and bidding documents. The City will provide a standard contract and other City standard contract documents for DI's use. One contract bid set will be prepared for the entire project as described in Item 4.1 above. Multiple bid sets will be additional scope and fee to this contract. 4.3. Provide advice to the City and Golf Course staff during bidding. 4.4. Meet with City and golf course staff as needed throughout the project. 4.5. Provide limited on-site advice during construction to assist the City and contractor in understanding the plans. **No services are offered in this contract unless they are specifically stated herein. Interaction with the Corps of Engineers will be reviewed upon completion of 50% plans. All services related to permitting with the Corps of Engineers or FEMA is specifically excluded from this EXHIBIT B Schedule of Services 16th Tee Box Drainage Improvements Iron Horse Golf Course North Richland Hills, Texas Anticipated Task Date of Completion 1. Award Engineering Services Contract 10-14-09 2. Design Survey and Geotechnical Study 11-05-09 3. 50% Complete Construction Plans 11-26-09 4. 90% Complete Construction Plans and Bid Documents 12-17-09 5. 100% Complete Construction Plans and Bid Documents 01-07-10 6. Advertise for Bids As directed Note: This schedule allows fora 2 week review of 50% and 90% plan submittals. EXHIBIT C Compensation 16t" Tee Box Drainage Improvements Iron Horse Golf Course North Richland Hills, Texas Compensation shall be snot-to-exceed fee of Twenty-Six Thousand ($26,000) dollars based on the DeOtte, Inc. fee schedule below. Topographic Survey is expected to cost approximately $2,400 for the two sites combined. The Geotechnical Study is expected to cost approximately $4,000 for the two sites combined. These costs are included in the not-to-exceed estimate above. DeOtte, Inc. FEE SCHEDULE (effective 1 /1 /09 to 12/31 /09) Staff Range of Hourly Billable Fee (Labor Cost X 3.3 =Hourly Billable Fee) Principal .............................................................$130 to $160 Senior Engineer .................................................$100 to $120 Staff Engineer ......................................................$90 to $115 Engineering Technician ........................................$75 to $105 CAD Technician/Operator ....................................$75 to $105 Draftsperson ...........................................................$40 to $60 Clerical ...................................................................$35 to $45 The basis of compensation for services in this Contract shall be "Labor Costs" times a multiplier of 3.3. "Labor Cost" is defined as the cost of salaries (total hours worked times the employee's rate of pay on an hourly basis). The multiplier includes costs for social security contributions, excise and payroll taxes, unemployment compensation insurance, medical and insurance benefits, sick leave, vacation, holiday pay, profit and other overhead. Compensation for reimbursable expenses, including plotting, reproduction and delivery and subcontractor services will be billed at cost plus an administration fee of 12% ....................................................................... EXHIBIT D Information to be Provided by The City of North Richland Hills 16th Tee Box Drainage Improvements Iron Horse Golf Course North Richland Hills, Texas The City of North Richland Hills shall provide to DeOtte, Inc., the Consultant, the following information. 1. Available topographic and City mapping information in DWG or GIS format. 2. City aerial photography in GIS or Sid digital format. 3. Access and transportation in and around the Golf Course as needed for investigation and survey. DI will endeavor to observe proper Golf Course etiquette while on the course. 4. Utility locator maps. If needed, the City will provide hard copies of any utility construction plans that it has. 5. Electronic copies in DWG format of City logo or other graphical information preferred in the preparation of final reports or plans. 6. Available times for topographic survey and geotechnical field work. EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE FOR 16t" Tee Box Drainage Improvements Iron Horse Golf Course North Richland Hills, Texas [Conflict of Interest Questionnaire is on the following 2 pages.] REST UESTIONNAIRE FORM C ~ Q CONFLICT OF INTE Q For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter OFFICE USE ONLY 176 of the Local Government Code by a person doing business with the governmental entity. Date Received By law this questionnaire must be filed with the records administrator of the local government not later than the 7tn business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. ~ Name of person doing business with local governmental entity. 2 Check this box if you are filing an update to a previous filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. UESTIONNAIRE FORM CIQ CONFLICT OF INTEREST Q For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, 6, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ^ YES ^ NO B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local government entity? ^ YES ^ NO C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ^ YES ^ NO D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of interest. 7 Signature of person doing business with the governmental entity Date Adopted 01/13/2006 CITY OF NORTH R/CHLAND HILLS Department: Human Resources Presented by: Patrick Hillis Council Meeting Date: 10-12-2009 Agenda No. B.3 Subject: GN 2009-070 Elimination of the Maximum Contribution Rate Limit for TMRS - Ordinance No. 3073 Since the mid 1980's when the City of North Richland Hills discontinued its participation in Social Security, TMRS (Texas Municipal Retirement System) has been the sole provider of retirement benefits for our employees. Unlike many other cities and private sector employers, no retirement contributions are made to Social Security by the City on behalf of our employees. Last year, Council approved increasing the City's statutory maximum contribution rate from 13.50% to 15.50%. In May 2009, the City received our 2010 contribution rate letter from TMRS, notifying us of three additional actuarial changes which increased our ultimate contribution rate from 18.43% to 20.18%. With the most recent changes to the calculation of the City's contribution rate as well as maintaining our current level of benefits, the City's contribution rate for 2010 will exceed the statutory maximum of 15.50%. During the 09/10 budget work session, Council was briefed on the increase to the City's TMRS contribution rate and consensus was reached to continue with the eight year phase-in option, which will result in a contribution rate of 15.90% for calendar year 2010 (assuming the Supplemental Death Benefit is eliminated for 2010). Per State law, when a City's annual contribution rate exceeds the maximum rate, cities may remove the maximum rate limit by passage of an ordinance. The funds for the contribution rate increase were approved as part of the FY 09/10 budget. No additional funds are being requested, this is just an administrative requirement according to State law. Recommendation: Approve Ordinance No. 3073 eliminating the statutory maximum contribution rate limit of 15.50% allowing the City to move forward with the eight year phase-in option approved by Council as part of the FY 09/10 budget. ~~ ORDINANCE NO. 3073 AN ORDINANCE .ELECTING FOR THE CITY TO MAKE CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE COMPENSATION. WHEREAS, the City of North Richland Hills (the "City"), is a participating municipality in the Texas Municipal Retirement System (the "System"), and has undertaken to provide certain retirement, death and disability benefits to its employees pursuant to Subtitle G, Title 8, Government Code, (hereinafter, the "TMRS Act"); and WHEREAS, the City Council desires to authorize funding of such benefits as herein provided; now therefore, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT Pursuant to Section 855.407(g) of the TMRS Act, the City hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the System at such combined rate of the total compensation paid by the City to employees who are members of the System, as the System's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to the City under the TMRS Act, the costs of all benefits which are or may become chargeable to or are to be paid out of the City's account in said accumulation fund, regardless of other provisions of the TMRS Act limiting the combined rate of City contributions. SECTION 2. The provisions of the ordinance shall become effective on the first day of January 1, 2010. PASSED AND APPROVED on this the 12th day of October, 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: Patrick Hillis., Human Resources Director CITY OF NORTH R/CHLAND HILLS Department: Human Resources Presented by: Patrick Hillis Council Meeting Date: 10-12-2009 Agenda No. B.4 Subject: GN 2009-071 Elimination of TMRS Supplemental Death Benefit -Ordinance No. 3074 During the budget work session, Council was briefed on the increase to the City's TMRS (Texas Municipal Retirement System) contribution rate. Council consensus was to continue the eight year phase-in option with the same level of benefits for 2010 as in 2009, with the exception of the Supplemental Death Benefit. During this difficult economic environment it was agreed that the City should suspend the Supplemental Death Benefit for the next calendar year. The Supplemental Death Benefit provides our employees' beneficiaries with a life insurance amount equal to their annual salary, and provides the beneficiaries of our retirees with a lump sum payment of $7,500 upon the death of the retiree. Suspending this benefit will decrease our 2010 phase in rate from 16.08% to 15.90% of payroll, resulting in an annual savings of approximately $55,000. Should the City decide to reinstate the benefit at a later date, there is no "buy back" of past and future benefits compared to other annually repeating benefits. To make this change to our plan design, TMRS requires City Council to pass the attached Ordinance No. 3074 discontinuing participation in the Supplemental Death Benefits fund. Recommendation: Approve Ordinance No. 3074 which eliminates the Supplemental Death Benefit from the City's TMRS retirement plan. ~~ ORDINANCE NO. 3074 AN ORDINANCE DISCONTINIING PARTICIPATION IN THE SUPPLEMENTAL DEATH BENEFITS FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, the City Council of the City of North Richland Hills has heretofore adopted an ordinance under Section 852.004 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), authorizing participation by the City in the Supplemental Death Benefits Fund of the Texas Municipal Retirement System; and WHEREAS, the City Council desires to adopt an ordinance discontinuing participation in said fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT by this ordinance the City Council discontinues participation in the Supplemental Death Benefits Fund as authorized by the TMRS Act. SECTION 2. Provided that a signed copy of this ordinance has been furnished to the Texas Municipal Retirement System prior to that date, this ordinance becomes effective on January 1, 2010. PASSED AND APPROVED on this the 12th day of October, 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: Patrick Hillis, Human Resources Director CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. C.0 Subject: PUBLIC HEARINGS C/TY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 10-12-2009 Presented by: Eric Wilhite Agenda No. C.1 Subject: GN 2009-074 Request by Rivercrown Investments LLC to close and abandon a portion of Susan Lee Lane south of Short Street -Ordinance No. 3076 (This item is not a Public Hearing but is related to Item C.2) Rivercrown Investments part of the Huggins Honda properties is requesting approval of a Replat of Lots 14-22, Block 4 and Lots 12-14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition. This includes previous single family lots purchased by Rivercrown. Part of this plat includes the closure and abandonment of Susan Lee Lane south of Short Street just north of the west-bound service road of Loop 820. The abandoned roadway will be utilized as part of the expanded Huggins Honda Auto Dealership. This proposed land use and road abandonment of Susan Lee Lane south of Short Street has been part of the Comprehensive Plan since 2002. In order to establish a value for the property an appraisal of the ROW was preformed. The appraisal report was completed by Carroll W. Keck, a licensed appraiser in the State of Texas. A value of $27,500 was determined for the existing 17,160 square foot of Susan Lee Lane ROW to be platted into the proposed Lot 3R, Block 1, Rivercrown Addition. In 2003, the City abandoned portions of the Susan Lee Lane ROW (from Loop 820 to the current dead end) to accommodate an expansion of the Huggins Honda dealership. It was recently discovered that during the 2003 platting Huggins over paid for the ROW purchased. The surveyor indicated a longer street section than what was actually needed for the 2003 development. This resulted in Huggins paying for more ROW and street replacement costs than he actually needed for the expansion. The overpayment by Huggins is calculated to be $9,612.37. Therefore the appraised value of $27,500 for the current abandonment is recommended to be reduced by this overage, resulting in a net purchase price of $17,887.63 ($27,500 - $9,612.37). The purchase of ROW by Huggins will be accomplished by authorizing the conveyance by Quit Claim Deed. Portions of the street ROW will remain as drainage and utility easements as indicated on the plat. Recommendation: To approve Ordinance No. 3076 closing and abandoning a portion of Susan Lee Lane south of Short Street. ORDINANCE NO. 3076 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF SUSAN LEE STREET IN THE CITY OF NORTH RICHLAND HILLS AND AUTHRIZING THEIR CONVEYANCE BY QUIT CLAIM DEED. WHEREAS, there is no longer a requirement for that portion of Susan Lee Street described on Exhibits A & B hereto; and, WHEREAS, such portions of streets have been appraised and the City desires to convey such property for an amount of at least such appraised price; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the portion of Susan Lee Lane in the City of North Richland Hills, Texas, described in Exhibits A & B hereto is hereby abandoned and closed except for a drainage and utility easement over, under and through such property and the City Manager is authorized to execute a quit claim .deed to Huggins Honda. AND IT IS SO ORDAINED. PASSED AND APPROVED this 12th day of October, 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: John Pitstick, Planning & Development Director EXHIBIT A EXHIBIT 'A' Li~T~ 14, 1.5, BLi'~CiC 4, $~ L[JTS i?, 13, i4, i3LCl~f~ ~ LAND ~]UT iE W, W. ~JALLA% ~Ui~V~Y ABSTRACT Nil, ii~06 AN Ai~~iiTICN T~ THEw CITY ®~" Ni~RTW RIEHLAND ~i?LL.S, TAi~RANT C~UI~iT~', ~`~?{~~. A~ i~i~Ci~>~B;wB iN '~ti~L~ME 3~iwi~-i0, PACE 47, ~'Ki~,T,C,T. M~T~S AiVD ~~3i~N3~ Being v. p~rtit~n of ~! casks ~ & w, Richland Terrace Addition in the city of North Richiand }~ilbs, Warrant County, as rect~rded in ~J'calt~t~e ~8i~--i~, Page 47, a5 recc~rc€ed in the fiat Records, Tarrant Caunty, Texas a;d ioeing r~o~^e por~ticulariy described by r~etes and bounds as fcaltnrrs~ i3eginnir~g sat the Intersec•tirn of Susan Lee Lane as~d Smart Street and being the Northwest co+~ner caf ~.ot 15, Brock 4 of the Richland Terrace Addition, an nciditir~n to the City of North i~ichtand i-iitls, as recz~rded in V~lu~e 38$-i0, Page 47, Plat Rec+~rd~, Tarrant wnunty, Texas, and the ~aiai pvir~t also being the fast right~r~f-gay line cif Susan ~,ee Lane and South right-~i~-way line ~f ~h~art Street THENCE alc~r~g the arc, an arc Length of ~~0,3E i"eet frpr~ the iVnrthwest Ldt corner raf L~at 15, Blnck 4, nF said addition, said mint alsa being the beginning t~f a curve tc the left having a radius of 3,i~7~,4~~ feet ~:nd a central angle pf t~2"13"E1', €~>avlr~g a chorr~ bearing and distance c~'i"' S~~'`~c'~`~, i~t~.~l i"~et~ THENCE South fl3 degrees 4G r~inutes 4£i seconds East atnng the West line of Lot ~R, 33l~rck i, Rivercr~awn Addition and the East line n~ Susan Lee Lane a distance ni:' 7~>i<i7 sweet tta the Paint oi=` Curve of a ~~ ft~vt cut-de-~sa~c as de~ sCY"ikied in the l_c~t 1R & Lot c i2, Blvci~ i, iw'verernWn Addition a5 recorded in Cabinet !?, Slide ~~Qi, Tarrant Cnsanty, i'lat Recc~rds# THiNC~ along the arc, ref a prsr~ttcsn ~aP -the s~xi~i eulwde~-sac, an arc ter~g~th ni" 3i~,73 feet and also being a carve to the right having a radius ~8.i~~ feet anai a central angle cf 3fl8'~~'OI', a chord bearing a.ne~ ~i9s~t~xnce ni:' SS~i`~5'3~'~', SJ.~fl feet. to the Point of Tangeti THEi'dCE Nnrth Q~ degrees X13 minutes ~0 seconds West alon the ~1est right- oi"-way tine nF' S~zsixn Lee L~.ne and a pnrtian flfi Lot ~? Back 1,. Rivercrsav~n ~aaidtti+an ar~d tot iii, Bloch ~, saivi Richland Terrace Adr~itian fnr a distance of ~~,'~~ feet to the point Caf curves TFti~NCi~ al~,ng the arc, an arc ter~~th caf ~~~.6i f`eet from the Braid pint ref caarve ats~a being tine beginning ref a curve +n the right hiving ra radius o~ 3,925,fl0 feet and a central angle ni" t~~'i'2C~', a chord bearing and distance of Nt12'S~`i~5'W, i4.~i1 feet to tine Ai~artheast ccarner of Lr~t 1~, i3tnck 5, Richland Terrace Addition and the South rign-t-oir -wcay tine Shr~r~t Street as recorded in Vratu~te egg-1CJ, Page ~?, Tarrant Caunty, Plat R~cards~ THENCE South £3~3 degrees ~~ ~inu°tes till seconds East aion9 the sais~ South right-~ofN~way line a distance of SCi.U~ feet to 'i°H~ PCiINT i_~' BE'ir~TNi~1:Iti€a a.r-d ccxntaining c1,7~.7~ Squa~^e i^eet or t1.~4996 Acres cif La.~sd r~nre car Less. ERNE'T HE~GC~1T +yy~ ~W C(~NS~3LTIN~ ~N~~'~T~ER~r 1.A 7 V r i~7C# 1 ~~ MIU>~~~' R~A~ i~{)R'T Y14~, '~i"'XAa 78117 ~8f.7} i331-771#. •sir9at-.~u.Ffw«sir-s s/.r~F~..ww iwf~i~i~~T ~1>=tJ€Y\stJ'i'E~i w~~f+RirwrrtfwHfwwwrrarw~, 1• ,'rL ~4 ~ i~~~ ~ t ~~~ ~~ai ~.~~ c~ocwwertt +~o.s o~thariaed !ay iwi2N#i~ST ~IIGC[)7H, R.i.:P,S. ~#~Q4 SATE .~....____._..~._____~ Fi~iN~ 2~~TEt ~7~~~1ti9 EXHIBIT B 3XHIBIT 'B' ~~~~RT' , ~"TREET __ Pt~I~T 4~" s81r~'88°~ H~GINNi~FG ~~.~~' M ~i kJ~l..i~~~f}{~~ygi1.!,~t ~yl~~~~ii 7~T~y D~~:t~~v~t~Li~VA`A~.L:i~~ +4t~l U4~lA a~~i:1~7A.€~CF 1`L'~ ~°~` ~ ~ li ~- t1.~~'1~~1 ACRE '~ ~.~ ~ ~ ~ ~ ~ d. ,.1 ~ ~ ~.7 .,......»,.. _., ._..... ~...~,,,.. K7 ~ ! E9 ~ C'7 ~i! ! ~ 1 ~ ~ ~ , ,s g f ~ ~ 1 J ~j t ~ ~+ .~ _ ~.. ....k _._...w._ .._....~,.~ ~ _..._..,. ..._......~ a ~ ~? Ica ~, ~ ~ ~' ~ ~- ~~ +~ ''y ~"3 ~ o X13 ~ ~ c:. ~,. . ~ ~` ra •r ~ ~ .. .~ ~ ...., 1 ~.m ~IPfNPNiN~~NPPP+ ~a ~$C1 rah? Y .~'~. "• •PPP 7h~ ~eraf a~pearDr~~ !n phis dc~cur~en~ wus sauthorize~i iay Ef~~~ 3 I.t~~pT~i f Ei.L.P:~, #~~€l~ IJA7~ _ ~~IN7" DATA= ~71~~/q ~RN~~T HEI?~CflTH ~H~.~I~ T~~~.C~ ~~3~~~ ~c~~v~u~~~~~ .RI1i~.J~~A'~iJAIi~P ~~~. :S7d 1-d MII3~AY RdAD ACTS I~, 1~, ~L..CCK 4, & LCITS 1~, 1~, 14, Bi~S~C~f ~ Fd~T '!r'dRTH. 'SAS 7#117 LAI~I3 LUT ~~ ~I. W~ ~lA~~.#~A~~ SUR~1~Y AB~TRA~T ~fCl: 1fiU6 X817) 831--7711 AN A~T~IT~~N T~ '1M~ CITY ~~ N[]RTF~ RICNL~t~II HIL~,S, TARRA~T C~Uh1T°Y, T EXAM, +~~ ~~3CQf~D~~ ~~ ~'E7~l~M~ 38~-1~, PA~~ ~7, n ~, ~ .~ ,- CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 10-12-2009 Presented by: Eric Wilhite Agenda No. C.2 Subject: RP 2009-01 Public Hearing and Consideration of a Request from Rivercrown Investments LLC for a Replat of Lots 14-22, Block 4 and Lots 12-14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition (located in the 4800 Blocks of Nancy Lane & Susan Lee Lane - 2.928 acres.) Case Summary: The applicant, Rivercrown Investments (Huggins Honda), is requesting a replat of several previously platted residential lots in Block 1 Rivercrown Addition. The purpose of the replat is to create one large lot by combining twelve previously platted lots and a portion of the Susan Lee Lane right-of--way. The homes around this area were purchased by the applicant during the past year and demolished. Combining all of the property will create a single large lot. This lot will be combined and included with the existing large commercial lots to the west and south sometime in the future. The proposed replat being brought to Council at this time is an interim plan and is being done due to financing strategies and different investment entities being involved in the various properties. Huggins Honda plans to expand the dealership to the area being platted. The new site development will include a structure for vehicle repair, part sales and corporate offices. As mentioned a portion of the property being replatted includes the portion of Susan Lee Lane from Short Street, south to the end of the street. This section of street right-of- way (ROVE abandonment is included in the previous agenda item. Current Zoning: The zoning of the property was recently rezoned to HC (Heavy Commercial) from a PD and R-2. Comprehensive Plan: This plat is consistent with The Comprehensive Plan and the Loop 820 Corridor Study, which indicates commercial uses for this area. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances, and has approved it for Planning & Zoning Commission consideration. Staff Recommendation: Approval of RP 2009-01. Planning & Zoning Commission Recommendation: Approved by a 6-0 vote. Review Schedule: Application: 4/27/09 Final Hearing: 10/12/09 Staff Review:. 7 weeks Applicant Revision Time: 10 weeks Scheduling Time: 7 weeks Total Review Time: 24 weeks AERIAL LOCATION MAP PROPERTY OWNER NOTIFICATION ~~ "~•~ NOTICE OF PUBLIC HEARING ~ ~ ~~ ~ CITY OF NORTH RICHLAND HILLS ~~ PLANNING AND ZONING COMMISSION T ~-,~ AND CITY COUNCIL Case #: RP 2009- 01 Applicant: Rivercrawn Investments LLC Location: 4800 Blocks of Nancy Lane & Susan Lee Lane You are receiving this notice because you are a property owner of rocord within 200 feet of the properly shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Rivercrown Inver#ments LLC far a replat of Lots 14-22, Block 4 and Lots 12-14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition (located in the 4800 Blocks of Nancy Lane ~ Susan Lee Lane - 2.928 .acres.) Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 1T, 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, OCTOBER 12, 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 Northeas# Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817} 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Rivercrown Investments LLC Hudiburg Tr, #32 2765 00 9 Alice M Brake PO Box 982002 P4 Box 82x309 7308 Deaver Dr NRH Tx 76182-8002 NRH Tx 7fi182-0309 NRH Tx 76180-6330 Johnny Etux Peariene Brackett Robert Henry Bookman Billy Ray Garvin 4800 Nancy Ln 4804 Nancy Ln 5988 Quails Path Fort Worth Tx 7G180-6888 Fort Worth Tx 76180-fi888 Goileyviile Tx 76034-7514 Charlie S Martinez Trust Melissa ~ Bassar Keith Davidson Magdalena Martinez Trustee 4816 Nancy Ln 4820 Nancy Ln PO Box 148 NRH Tx 76188-6888 Fort Worth Tx 76180-fi888 Giddings Tx 78942-0148 Eric Jason Guiik Rivercrown Investments LLC H 8~ Fi/tlirginia LP 4824 Nancy Ln 1503 New Castle Rd 7551 NE Loop 820 NRH Tx 7fi980-$888 Southlake Tx 76092227 NRH Tx 76180-fi971 Terry Matthew Mary G Reran Luzcitie S Hall 3294 Riverlakes Dr 5137 C3entlirrg PI 4504 Maryanne Way Hurst Tx 76053-7443 NRH Tx 76188-6993 NRH Tx 7fi180-6966 Derrick Miller Thomas Etux Joan Johns Judy M Pugsley 48fl6 Maryanne Way 4908 Maryanne Way 4910 Maryanne Way NRH Tx 76180-696fi NRH Tx 76't80-8968 Fort Worth Tx 76180-6966 Donald Etux Carolyn Creamer Michael T Etux Rita Creasy Jmadison LLC 1838 County Road 2475 4905 Susan tee Ln PO Box 795 Atvord Tx 76225-7727 Fort Worth Tx 76180-6847 Colieyvitle Tx 76034-0795 Ejlad Investments LLC Nancy Morrow Gales Tracy Etux Iva O Oliver PO 6ax 93404 4904 Susan Lee Ln 4908 Susan- Lee U Southlake Tx 76092-0113 Fort Worth Tx 7Q180-684(3 NRH Tx 76180-fi848 John L Etux Debra L Welch Richard Etux Linda Postma Dwayne P l/yilkerson 4909 Nancy Ln 4905 Nancy Ln 4901 Nancy Ln Fort Worth Tx 78180-8855 Fort Worth Tx 7fi 180-6855 Fort Worth Tx 7t3180-x6855 Lacey L Etvir Charles Wrigh# Aaron M Etux Britney Bowers 4900 Nancy Ln 4904 Nancy I-n Fort Worth Tx 7fi180-fi854 NRHilts Tx 7818f3-5854 REPLAT EXHIBIT EXCERPT FROM THE MINUTES OF THE SEPTEMBER 17, 2009 PLANNING AND ZONING COMMISSION MEETING RP 2009-01 Public Hearing and Consideration of a Request from Rivercrown Investments LLC for a Replat of Lots 14-22, Block 4 and Lots 12-14, Block 5, Richland Terrace Addition into Lot 3R, Block 1, Rivercrown Addition (located in the 4800 Blocks of Nancy Lane & Susan Lee Lane - 2.928 acres.) Chairman Shiflet opened the Public Hearing and asked the applicant to come forward. Ernest Hedgecoth, 5701 C Midway Road, Haltom City, representing Rivercrown Investments and Huggins Honda in this replat request. He stated about a month ago this case was brought in for a rezoning request in order to get these residential lots under the Heavy Commercial zoning. Once the replat is approved they will be coming back in about a month to rezone the planned development lot in order to build the proposed expansion. Eric Wilhite said the dealership has purchased these lots which were recently rezoned from residential to commercial. It will take the12 previously residential lots and combine them into one lot. There is approximately 17,160 sq ft. of right of way abandonment enclosing portions of Susan Lee Lane where the applicant will be purchasing from the City. The purchase price of $17,877.62 has been agreed on by appraisal and the City. Once it is purchased it will be transferred to the applicant by Quitclaim deed. The plat meets all the subdivision rules and regulations and Staff recommends approval. Steven Cooper asked for clarification for the record whether it is 12 or 13 lots. Eric Wilhite said it was stated 13 on the staff report, but the correct number is 12. Don Bowen asked for clarification if the lots to the east on Nancy Lane were all residential. Eric Wilhite said yes, they are residentially occupied and most of them are rental properties. The Comprehensive Land Use Plan shows them to go Heavy Commercial as were the ones that Mr. Huggins purchased. Once the site plan comes in it will be treated as residential to include landscape buffer and screening wall because the right of way on Nancy Lane still does exist. Chairman Shiflet asked if anyone wanted to come forward, seeing none he closed the Public Hearing and entertained a motion. Mike Benton motioned to approve RP 2009-01, seconded by Steven Cooper. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 10-12-2009 Presented by: Eric Wilhite Agenda No. C.3 Subject: ZC 2009-07 Public Hearing and Consideration of a Request from Galen and Jane Dinkel for a Zoning Change from AG Agricultural to R-1-S Special Single Family on Tract 1, Abstract 1365 (located at 8936 Rumfield Road - 1.930 acres.) -Ordinance No. 3071 Case Summary: The applicant, Galen Dinkel, is requesting a zoning change on' a 1.93 acre parcel from AG (agricultural) to R-1-S (special single family). The purpose of the zoning change request is to bring the property into a residential zoning district classification in order for the Dinkel's to be permitted to proceed with the construction of a new single-family residence. The Code of Ordinances requires that in order to construct a primary residence on a property it must be platted and residentially zoned. Plat Status: A final plat associated with this property is being processed concurrently with this request. Existing Site Conditions: There is a small out-building located on the property and a wood stockade fence located adjacent to Rumfield Road along the front property line. The applicant has provided staff with a letter indicating that the fence will be removed when construction of the residence is completed. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The lot has frontage on Rumfield Road which is designated as a C2U undivided Minor Collector. Surrounding Zoning /Land Use: North: R-1-S/ Residential Structure South: AG/ Residential Structures East: R-2/ Residential Structures West: R-2 & AG / Residential/Vacant Staff Recommendation: Approval of Zoning Change request ZC 2009-07. Planning & Zoning Commission Recommendation: 6-0 vote Review Schedule: Application: 8/14/09 Final Hearing: 10/12/09 Staff Review: 1 week Applicant Revision Time: 1 week Scheduling Time: 6 weeks Total Review Time: 8 weeks LOCATION MAP AERIAL PROPERTY OWNER NOTIFICATION ~ ~ H~•ia NOTICE OF PUBLIC HEARING ~x CITY OF NORTH RICHLAND HILLS ~~ PLANNING AND ZONING COMMISSION T ~,5 AND CITY COUfVCIL Case #: ZC 2009- 07 Applicant: Galen. and Jane Dinkel Location: 8936 Rumfield Road You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearins~: A Public Hearing to Consider a Request from Galen and Jane Dinkel for a zoning change from AG Agricultural to R-1-S Special Single Family on Tract 1, Abstract 13fi5 {located at 893fi Rumfield Road - 1.93fl acres.) Public Hearlns~ Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, SEPTEMBER 17, 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, OCTOBER 12, 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 76184 Phone (817} 427-6300 Fax {81'7) 427-6303 LIST OF NOTIFIED PROPERTY OWNERS Brian R James 8920 Rumfield Rd NRH Tx 7fi182-3212 James Ray Stephens 7424 Eden Rd Fort Worth Tx 76182-3208 W Daniel Adams 7401 Boca Raton Dr Fort Worth Tx 78182-3265 Robert Etux Jo Ann Hardy 8954 Boca Raton Ct Fort Worth Tx 78182-3259 Sandra L & M A Weston 8955 Boca Raton Ct Fort Worth Tx 78182-3259 Brian Hutchins 1 fi0fi W Euless Blvd Euless Tx 76040-6825 Galen & Jane Dinkel 3032 Steve Dr Hurst Tx 76054-2112 Rick D Etux Andrea K Shelby 8912 Eden Rd NRH Tx 76182-3210 Derrell G Etux Carolyn Rogers 7405 Boca Raton Dr Fort Worth Tx 76182-32fi5 Marian Ilene Hamre 8950 Boca Raton Ct Fort Worth Tx 76182-3259 Helen Pemberton Pack 8959 Boca Raton Ct Fort Worth Tx 76182-3259 Barry Etux Sue Ann Sullivan 8915 Rumfield Rd NRH Tx 78182-3213 Darlene Mann Etal 3113 Forest Ave Ste B Fort Worth Tx 75112-7061 Sandy & K J Strayer 7409 Boca Raton Dr NRH Tx 76182-3285 Paul Edward Pence 8958 Boca Raton Ct Fort Worth Tx 76182-3259 David H Etux Judith Anenson 8951 Boca Raton Ct Fort Worth Tx 76182-3259 Karl R Burge 1600 Village Dr Apt 517 Euless Tx 76039-5871 Michael H Etux Valerie Adams 8929 Rumfield Rd NRH Tx 78182-3213 Mark L Etux Jennifer T Meison 8937 Rumfield Rd NRH Tx 76182-3213 ORDINANCE NO. 3071 ZONING CASE ZC 2009-07 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 1.930 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) 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 1.930 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 AG (Agricultural) 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 12th day of October, 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 Escrow Fs1e iJo-: OB-0~'7930,SS EXHT}3IT "A„ Being a 1.938 acre tract of land situated. in the O_ Rumfield Survey, Abstract No. 1365, Tarrant County, Texas, and being a portion of that certain tract of Land described in deed as Tracts I and. II to Sandy Lee Strayer and Rarole Jean Strayer, as recorded in Volume 11876, Page 520, Deed Records, Tarrant County, Texas, and being more particularly described by wetes and bounds as follows: BEGINNIIYG at a found "x" in concrete at the northeast earner of Lot 1, Block l., James Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 3073, PIat:Records, Tarrant County, Texas, said "x" being on the west line of said Tract I and being oa the south line of Rumfield Raad (variable width right-of wuy); THEI~ICE South 87 degrees O5 minutes 36 seconds Egst, a distance of 204.6G feet along said south line to the beginning of a curve tp the left having a rmdius of 1,030.00 feet; THENCE along said south line and said curve, passing the commo^ line of aforesaid Tracts I and. IT at an arc distance of 30.9U feet and continuing a total arc distance of 6(1.35 feet, a chord bearing and distance of South 88 degrees 46 minutes 19 seconds L+'ast, 00.34 feet tU a point from which. a found 1!2-inch iron rod bears North 87 degrees 28 minutes 32 seconds 'West, a distance of 0.43 of. one foot, said point being the northwest cvrnvr of flamingo Estates Addition, Section II, an addition to the City of North Richland dills, Tarrant County, Texas, according to the plat thereof recorded in Volume 3$8-179, Page 100, aforesaid Plat Records, being on the east line of said Tract II; THENCE South OO degrees 24 minutes Oil seconds East, a distance of 3T.S.14 feet alo~ag the Gammon line of said Tract II and said Flamingo Estates Addition; THEI'~TCE North 89 degrees 12 minutes 13 seconds West, passing the southeast corner of aforesaid Tract I at a distance of 29.92 feet and continuing a total distance of 263.54 feet along #hv south line of said'Tract I to the southwest corner of said Truce T, being vn the vast line of that certain tract of land described in daed to ,Tan Ellen Stephens and James Roy Stephens, as recorded in Instrument lVo. D198247G46, aforesaid Decd Records; TITENCE North 00 degrees 36 minutes 18 seconds West, a distance pf 323.1G feet to the POINT OT BEC~NNiNG and containing 84,071 square feet nr 1.930 acres of land. NOTE: Company is prohibited from insuring the area or qu~~ntity of the land described herein. ZONING EXHIBIT EXCERPT FROM THE MINUTES OF THE SEPTEMBER 17, 2009 PLANNING AND ZONING COMMISSION MINUTES ZC 2009-07 Public Hearing and Consideration of a Request from Galen and Jane Dinkel for a Zoning Change from AG Agricultural to R-1-S Special Single Family on Tract 1, Abstract 1365 (located at 8936 Rumfield Road -1.930 acres.) Chairman Shiflet stated that items 7 and 8 will be heard together. He opened the Pubic Hearing at this time and asked the applicant to come forward. Ernest Hedgecoth, 5701 C Midway Road, Haltom City, TX came forward representing Galen and Jane Dinkel on the zoning and replat requests. He said it is a vacant lot where they want to build their residence which will include adding the water and sewer across Rumfield. He mentioned that the non-compliant fence will be removed after the construction is completed and replaced with whatever meets the code. Don Bowen asked if this was the property that had the old barn and stock pond on it at one time? Ernest Hedgecoth said yes, there was still a barn on it, but no pond. Eric Wilhite said the zoning change request is from AG to R-1-S and is 1.93 acres and which is nearly an acre larger than what is required for R-1-S zoning. Mr. Wilhite stated the Comprehensive Land Use Plan does identify this area for low density residential. There have been other cases across Rumfield Road that have come before P & Z and City Council to build their primary residences there. Staff has reviewed the zoning change and recommends approval. Mr. Wilhite stated that the zoning change and the final plat meet all the subdivision rules and regulations and Staff recommends approval. Chairman Shiflet asked if there was anyone wishing to speak for or against the Public Hearing. Seeing none he closed the Public Hearing and entertained a motion. Bill Schopper seconded by Mike Benton motioned to approve ZC 2009-07. The motion was carried unanimously (6-0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing CITY OF NORTH R/CHLAND HILLS Department: Planning and Development Council Meeting Date: 10-12-2009 Presented by: Eric Wilhite Agenda No. D.1 Subject: FP 2009-02 Consideration of a Request from Galen and Jane Dinkel to Approve a Final Plat of Lot 2, Block 1, James Addition (located at 8936 Rumfield Road - 1.930 acres.) Case Summary: The applicant and property owner, Galen Dinkee, represented by Ernest Hedgcoth, is requesting approval of a final plat fora 1.93 acre tract in order to bring the property into conformance with subdivision regulations prior to constructing a proposed single family residence. A zoning change request is also running concurrently with this final plat request in order to bring the property into a residential zoning classification. Current Zoning: Currently AG (agricultural). Azoning change request to R-1-S (special single family) is running concurrently with this plat. Thoroughfare Plan: The lot has frontage on Rumfield Road which is designated as a C2U undivided Minor Collector. Comprehensive Plan: The Comprehensive Plan depicts low density residential for this area. This plat is consistent with the plan. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. There are no public improvements necessary for this development. Staff Recommendation: Approval of final plat request FP 2009-02 Planning & Zoning Commission Recommendation: 6-0 vote Review Schedule: Application: ~ 6/29/09 Final Hearing: 10/12/09 Staff Review: 4 weeks Applicant Revision Time: 6 weeks Scheduling Time: 5 weeks Total Review Time: 15 weeks LOCATION MAP AERIAL PLAT EXHIBIT EXCERPT FROM THE MINUTES OF THE SEPTEMBER 17, 2009 PLANNING AND ZONING COMMISSION MEETING FP 2009-02 Consideration of a Request from Galen and Jane Dinkel to Approve a Final Plat of Lot 2, Block 1, James Addition (located at 8936 Rumfield Road -1.930 acres.) Chairman Shiflet stated that items 7 and 8 will be heard together. He opened the Pubic Hearing at this time and asked the applicant to come forward. Ernest Hedgecoth, 5701 C Midway Road, Haltom City, TX came forward representing Galen and Jane Dinkel on the zoning and replat requests. He said it is a vacant lot where they want to build their residence which will include adding the water and sewer across Rumfield. He mentioned that the non-compliant fence will be removed after the construction is completed and replaced with whatever meets the code. Don Bowen asked if this was the property that had the old barn and stock pond on it at one time? Ernest Hedgecoth said yes, there was still a barn on it, but no pond. Eric Wilhite said the zoning change request is from AG to R-1-S and is 1.93 acres and which is nearly an acre larger than what is required for R-1-S zoning. Mr. Wilhite stated the Comprehensive Land Use Plan does identify this area for low density residential. There have been other cases across Rumfield Road that have come before P & Z and City Council to build their primary residences there. Staff has reviewed the zoning change and recommends approval. Mr. Wilhite stated that the zoning change and the final plat meet all the subdivision rules and regulations and Staff recommends approval. Chairman Shiflet asked if there was anyone wishing to speak for or against the Public Hearing. Seeing none he closed the Public Hearing and entertained a motion. Steven Cooper, seconded by Bill Schopper motioned to approve FP 2009-02. The motion was carried unanimously (6-0). CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH R/CHLAND HILLS Department: Public Works Council Meeting Date: 10-12-2009 Presented by: Jimmy Cates Agenda No. E.1 Subject: PW 2009-038 Approve Ordinance Amending Section 54.121 of the North Richland Hills Code of Ordinances; Changing several Locations and Times School Zones are Currently in Effect -Ordinance No. 3072 The School Traffic Safety Committee (STSC) members, consists of Public Works Department, Police Department, and the Birdville Independent School District (BISD) employees. Council may be aware that this committee meets on a regular basis to discuss concerns and issues that development around the area schools. The purpose of the last meeting was to specifically review the school zone times and locations. The STSC is recommending the following changes Limits. Below are the different school classifications with the current times and the recommended changes. BISD Elementary Schools Currently there are three times per day: - 7:15 - 8:15 AM - 11:00 AM - 12:30 PM - 2:15-3:45 PM to the School Speed Zone Time (Elementary, Middle, etc.) along The revised ordinance will eliminate the 11:00 AM-12:30 PM and change the times to: - 7:30 - 8:30 AM - 2:15 - 3:45 PM (Afternoon time remains the same) The 11:00 AM - 12:30 PM is being eliminated as BISD no longer has half-day kindergarten dismissal. BISD Middle Schools Currently there are two times per day: 7:15-8:15 AM 3:00 - 4:00 PM The revised ordinance will change the AM time to: 7:30 - 8:30 AM . 3:00 - 4:00 PM (Afternoon time remains the same) BISD High Schools Currently there are two times per day: - 7:15-8:15 AM - 3:00 - 4:00 PM The revised ordinance will change the times to: 7:30 - 8:30 AM 3:15 - 4:15 PM Fort Worth Christian School (Private) Currently there are two times per day: 8:00 - 8:45 AM - 3:00 - 4:00 PM Fort Worth Christian has requested the following time changes: 7:15-8:15 AM - 2:30 - 3:30 PM Elimination of School Zone In addition the Precinct Line Road (FM 3029) school zone will be eliminated from the ordinance. This school speed zone is no longer applicable because of a revision to the school attendance boundaries. This particular speed zone was installed for students who attend W.A. Porter Elementary School in Hurst. The revisions to the school attendance boundaries by BISD no longer have school students within the City attending W.A. Porter Elementary School. These students now attend Walker Creek Elementary. The STSC believes that these revisions to the school speed zone times will better match the periods when students arrive and depart school campuses. This helps to calm traffic speeds during arrival and dismissal times around the schools, which helps to enhance the safety of the students. Recommendation: Approve Ordinance No. 3072 Amending Section 54.121 of the North Richland Hills Code of Ordinances; Changing the Times School Zones that are Currently in Effect. ORDINANCE NO. 3072 AN ORDINANCE AMENDING SECTION 54.121 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; CHANGING THE TIMES SCHOOL ZONES ARE IN EFFECT, REMOVING INAPPLICABLE PROVISIONS; ESTABLISHING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Staff has recommended the school zone changes herein established; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 54.121 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 54-121. Established. (a) Marking of school zones. School zones shall be marked with signs which state the maximum prima facie reasonable and prudent speed limit and display either the hours or a flashing amber light when such speed zones are in effect. (b) Designated 20-mile per hour school zones. The portions of the following public streets are designated as school zones in which the maximum prima facie reasonable and prudent speed limit is 20 miles per hour during the times stated: (1) Birdville Independent School District (BISD) Elementary School Zone, two times daily, between the hours of 7:30 a.m.--8:30 a.m., and 2:15 p.m.-- 3:45 p.m.: . a. Carrie Francis Elementary School Zones: 1. 8000--8300 Emerald Hills Way 2. 5600 Cork Lane 3. 5600 Newman Drive 4. 8100--8200 O'Brian Way 5. 5500 Finian Lane .b. Holiday Heights Elementary School Zones: 1. 7500--7600 Lola Drive 2. 7500 Jade Circle 3. 7600 Sybil Drive 4. 5200--5400 Susan Lee Lane 5. 5200 Cloyce Court 6. 7600 Palomar Drive c. Northridge Elementary School Zones: 1. 7200--7500 Starnes Road 2. 7200--7300 Holiday Lane d. Snow Heights Elementary School Zones: 1. 6800--7000 Marilyn Lane 2. 6800--7000 Shauna Drive 3. 7000 Oakland Lane 4. 4700--4900 Vance Road 5. 4900 Caton Drive 6. 4700--4900 Redondo Street e. Foster Village Elementary School Zones: 1. 7000 Meadowview Terrace 2. 7000 Crosstimbers Lane 3. 6800--7000 Springdale Lane 4. 6800--7100 Hightower Drive (from flashing light east) f. Smithfield Elementary School Zones: 6700--6800 Smithfield Road g. Mullendore Elementary School Zones: 1. 4100--4200 Rufe Snow Drive 2. 6700--6800 Manor Drive 3. 4200 Stevens Street 4. 6700--6800 Glenview Drive 5. 4000--4100 Flory Street h. Green Valley Elementary School Zones: 1. 7700--7900 Smithfield Road 2. 7900--8100 Green Valley Drive ~i. Walker Creek Elementary School Zones.: 1. 8700--8800 Blocks of Bridge Street 2. 8900--9100 Blocks of Parker Boulevard 3. 8800--9000 Blocks of Hawk Avenue (2) Foster Village Elementary School Zone, two times daily, between the hours of 7:30 a.m.-8:30 a.m. and 3:00 p.m.-4:OOp.m.: a. 6700 Hightower Drive (from Rufe Snow to flashing light) b. 6800--7100 Rufe Snow Drive (3) Birdville Independent School District (BISD) Middle School Zone, two times daily, between the hours of 7:30 a.m.--8:30 a.m. and 3:00 p.m.--4:00 p.m.: a. North Richland Middle School: 1. 6700 Marilyn Lane 2. 6700 Shauna Drive 3. 4700--4900 Rufe Snow Drive ~b. Northridge Middle School: 1. 7200--7300 Starnes Road 2. 7100--7400 Douglas Lane c. Smithfield Middle School: 1. 8300--8500 Main Street 2. 6500 Sherri Lane 3. 6400--6500 Amundson Road (4) Birdville Independent School District (BISD) High School Zone, two times daily, between the hours of 7:30 a.m.--8:30 a.m. and 3:15 p.m.--4:15 p.m.: a. Richland High School: 1. 6900 Lewis Drive 2. 7000--7100 Dick Lewis Drive 3. 5100--5400 Holiday Lane 4. 7200 Green Meadow Drive 5. 7200 Lola Drive 6. 7200 Janetta Drive b. Birdville High School: 1. 8900--9200 Mid-Cities Boulevard 2. 8600--8700 Hawk Avenue (5) Fort Worth Christian School Zone, two times daily, between the hours of .7:15 a. m.--8:15 a. m. and 2:30 p. m.--3:30 p. m. a. 7400--7500 College Circle b. 7400--7600 Bogart Drive c. 7800 Susan Lee Lane d. 7300 Deaver Drive (6) St. John's School Zone, two times daily, between the hours of 7:15 a.m.-- 8:15 a.m. and 2:15 p.m.--3:45 p.m., 4100 Frawley Street. (c) Designafed school zones with other speed limits. The portions of the following public streets are designated as school zones in which the maximum prima facie reasonable and prudent speed limits are as stated: Davis Boulevard (FM Road 1938) from Station 277 + 19 (encompassing Main Street intersection southerly 0.299 miles to Station 293 + 00, 35 miles per hour when so signed from school crossing; 50 miles per hour all other times. (d) Penalty. No person shall drive a motor vehicle at a speed greater than established by this section in a school zone when such school zone is in force. Violators shall be punished by a fine not exceeding $200.00. It shall be a defense to prosecution for a violation of this section that school was not in session on the day of such offense. 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 upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 12th day of October, 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 R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH R/CHLAND HILLS Department: Budget Council Meeting Date: 10-12-2009 Presented by: Karen Bostic Agenda No. F.1 Subject: GN 2009-069 Tarrant Appraisal District Board of Directors -Nomination for Upcoming Election -Resolution No. 2009-032 During the October 12, 2009 Pre-Council meeting, staff will discuss with Council the Tarrant Appraisal District (TAD) Board of Directors election and nomination process. The following are the steps in the election process: 1. Nominations must be made in an open meeting by the City Council in the form of a resolution by October 14, 2009. If Council chooses to nominate one or more individuals to the board, action will be necessary during the October 12, 2009 City Council meeting. 2. TAD will distribute ballots listing all nominees submitted by Tarrant County taxing units by October 29, 2009. 3. Council would submit votes for the nominee(s) of their choice via resolution by December 14, 2009 and the five nominees receiving the largest cumulative vote totals are elected. Board members would then take office for atwo-year term beginning January 1, 2010. Staff contacted various cities within Tarrant County to determine who they would be supporting. Those contacts indicated that no decision had been made and they did not have additional information to pass on at that time. Recommendation: Should Council decide to nominate someone to the Tarrant Appraisal District Board of Directors, it is recommended that Resolution No. 2009-032 be approved with the nominee(s) written in. RESOLUTION NO. 2009-032 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, .the City Council of the City of North Richland Hills desires to nominate a candidate(s) to serve as a member of the Board of Directors of the Tarrant Appraisal District; and WHEREAS, the City Council recognizes the importance of the Board of Directors in providing leadership for the Tarrant Appraisal District; and WHEREAS, the City Council wishes to promote a continued emphasis on fair and uniform appraisals and the efficient operation of the Tarrant Appraisal District; NOW, THEREFORE, SECTION 1. is nominated to serve as a member of the Tarrant Appraisal District Board of Directors during the two year term beginning January 1, 2010. PASSED AND APPROVED this the 12th day of October, 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: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10-12-2009 Agenda No. F.2 Subject: GN 2009-072 Appointment of Chair to Reinvestment Zone 1 (TI F #1) and Chair to Reinvestment Zone 2 (TIF #2) In accordance with the Bylaws for Reinvestment Zone Number One and Reinvestment Zone Number Two, the City Council is to appoint the Chair to both boards on an annual basis. Mayor Trevino was appointed last year as Chair to both boards. The other officers consisting of aVice-Chairman and Secretary are to be elected by the Board of Directors. Recommendation: To appoint the Chair of the Reinvestment Zone Number 1 and the Chair of Reinvestment Zone Number 2. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 10-12-2009 Agenda No. F.3 Subject: GN 2009-073 Appointment to Place 7 on the Library Board Ms. Jane Birkes who has been serving in Place 7 on the Library Board has submitted her resignation. Councilman Welch is recommending the appointment of Mr. Jerry Sorensen to fill the vacancy. The term of office for Place 7 will expire June 30, 2011. Recommendation: To consider the appointment of Jerry Sorensen to Place 7 on the Library Board, term expiring June 30, 2011. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Council Meeting Date: 10-12-2009 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda . CITY OF NORTH RICHLAND HILLS Department: Economic Development Council Meeting Date: 10-12-2009 Presented by: Jimmy Perdue Agenda No. G.1. Subject: Authorize the City Manager to Execute a Contract for the Purchase 0.5 acres of Land and Amend the Capital Projects Budget Davis Blvd, north of Main Street is a key part of the City's long range transportation and land use needs attributed to regional and local growth. Understanding that the City currently owns 11.8 acres in this area, staff has been researching available adjacent properties that will further support the facilitation of these needs. With this in mind, staff has identified one property in the central section of the City for proposed land acquisition. The property is approximately ~/2 acre located at 6612 Snider Street. The land is currently zoned TOD Core which encourages a mixed use of commercial and residential development in the Smithfield area. The actual use or uses are to be determined, understanding there is a chance for municipal use or that it can be sold for other purposes and uses. The overall effort, which may include the future acquisition of adjacent property, will be funded through Gas Development Reserves. Recommendation: To Authorize The City Manager to: 1) Authorize the Purchase of 0.5 acres of commercial land at 6612 Snider St. in the amount of $230, 000 2) Amend the 2009/10 Capital Improvement Project Budget in the amount of $250,000 3) Appropriate Gas Development Reserves for Payment of the Property Municipal Facility Capital Projects Davis Boulevard Property Acquisition - TOD Area BD0906 Fiscal Year 2009-2010 Schedule 12 - Summary of Revenues and Expenditures Gas Development Fund CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Councilman David Whitson Council Meeting Date: 10-12-2009 Agenda No. H.1 Subject: Announcements -Councilman Whitson Announcements The North Richland Hills Police Department is hosting two community meetings based on the geographical policing districts of the City. The first meeting is scheduled at 7 p.m. on Tuesday, October 20th in the Richland High School Cafeteria for residents who live in Districts 1, 2, 3 and 4. The second meeting is scheduled for 7 p.m. on Thursday, November 5th in the Birdville High School Cafeteria for residents who live in Districts 5, 6 and 7. Residents will learn about Police Department services and will be able to meet the officers who patrol their neighborhoods. For more information, please contact the Police Department at 817-427-7021. North Richland Hills is proud to be the home of the Texas Brahmas hockey team! The Brahmas will play their first home game of the 2009-2010 season on October 24th at the NYTEX Sports Centre located at 8851 Ice House Dr. For a complete game schedule and more information about the Brahmas, visit www.brahmas.com or call 817-336-4423. The public is invited to meet North Richland Hills' new City Manager, Mark Hindman, at a reception on Thursday, October 29th. The "come and go" reception will be held from 5 p.m. to 7 p.m. in the pavilion at Iron Horse Golf Course. To RSVP, please contact the City Manager's Office at 817-427-6003. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Brenda Talley, North Richland Hills Public Library. A comment was received from a customer of the Library regarding the excellent service provided by Library staff. The customer was especially impressed by Brenda Talley in the Adult Services Department. Brenda's kindness, friendly and respectful attitude, and smile say a lot about the city's Library, the customer said. CITY OF NORTH R/CHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 10-12-2009 Agenda No. H.2 Subject: Adjournment