Loading...
HomeMy WebLinkAboutCC 2011-07-11 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, July 11, 2011 5:45 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 Updates to Food Establishment Ordinance (15 Minutes) A.3 Updates to the Child Care Ordinance (15 Minutes) A.4 Discuss Possible Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations" (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code, to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a 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 Chapter 551 of the Texas Government Code. 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 Ri hland Hills, Texas in compliance with Chapter 51, Texas Government Code on July 8, 2011 at :'J� Z a.m. f C Ass stant 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 — July 11, 2011 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, July 11, 2011 7:00 P.M. -------------------------------------------------------------------------------------------------------------------------------------- Hard 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: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of 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 Recognition(s) No items for this category. 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 June 13, 2011 City Council Work Session B.2 Approval of Minutes of June 27, 2011 City Council Meeting NRH City Council Agenda — July 11, 2011 Page 2 of 4 C.0 PUBLIC HEARINGS C.1 ZC 2009 -08 Public Hearing and Consideration of a Request from Gene Schay for a Zoning Change from "R -1 -S" Special Single Family to "R -2" Single Family on a portion of Lot 3R, Block 14, Glenann Addition (located at 8620 Martin Drive - 0.532 acres.) C.2 RP 2009 -05 Public Hearing and Consideration of a Request from Gene Schay for a Re -plat of Lot 3R, Block 14, Glenann Addition into Lots 3R1 and 3R2, Block 14, Glenann Addition (located at 8620 Martin Drive - 1.960 acres.) C.3 TR 2011 -02 Public Hearing and Consideration of Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations ". D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2011 -011 Award a Professional Services Agreement in the amount of $60,000 to Teague, Nall and Perkins for the GPS Monument Update Phase II Project. E.2 PW 2011 -012 Approve the 2011 Preventive Street Maintenance Program F.0 GENERAL ITEMS F.1 GN 2011 -049 Appointments to Boards & Commissions F.2 GN 2011 -050 Appointments to the Animal Adoption and Rescue Center Committee- Places 1, 2 and 3 F.3 GN 2011 -051 Appointment of Board Delegate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2 F.4 GN 2011 -052 Appointments to Red Light Camera Advisory Committee F.5 GN 2011 -053 Appointments to Construction Code of Appeals F.6 GN 2011 -054 BJA Justice Assistance Grant Program Local Award - Resolution No. 2011 -026 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 - Mayor Pro Tern Barth H.2 Adjournment NRH City Council Agenda — July 11, 2011 Page 3 of 4 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 July 8, 2011 at a.m. (144 Asti to rw City ecretary 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 — July 11, 2011 Page 4 of 4 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 75180 Monday, July 11, 2011 5:45 P.M. A.1 Discuss Items from Regular Citv Council Meetina A.2 Updates to Food Establishment Ordinance (15 Minutes) A.3 Updates to the Child Care Ordinance (15 Minutes) A.4 Discuss Possible Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations" (10 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina Litiaation - 1) State of Texas v. Citv of North Richland Hillis (No. 2011- 002840 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) B.2 Executive Session: Pursuant to Section 551.071, Texas Government Code, to consult with citv's attornev to seek advice about Pendina or contemplated litiaation; or a settlement offer, or on a matter in which the dutv of the attornev to the aovernmental bodv under the Texas DisciPlinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts Chapter 551 of the Texas Government Code. C.0 Adiournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Stephanie East Council (Meeting Date: 7 -11 -2011 Agenda No. A.2 Subject: Updates to Food Establishment Ordinance (15 Minutes) Summarv: The Food Establishment Ordinance has not had revisions in many years. Updates to this ordinance will promote increased health and safety at regulated facilities and serve to provide clear guidelines for operations. General Descrit)tion: The proposed changes to the Food Establishment Ordinance include updates and clarifications of the existing code. The ordinance sets specific guidelines for new construction and remodeled facilities, outlines the administration of re- inspection fees and includes changes intended on encouraging businesses to internally regulate their operations. Proposed Ordinance changes include: • Additions and alterations to definitions and permit categories to reflect current needs in the community. • The requirement to maintain a temperature log and cleaning schedule to more effectively monitor facility conditions. • Remodeled facilities and changes of ownership will eliminate "grandfathered" conditions in order to bring establishments up to current health codes. • Grease traps cleaning frequency is specified, and construction materials and sink ,placements are addressed to assist with facility cleanliness and employee hygiene. Most other changes are minor and reflect current policy. Staff will be presenting the information for the Council to consider and will be brining the item back for a future council meeting for official action. PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 CITY OF NRH ARTICLE IV. FOOD AND FOOD ESTABLISHMENTS* *State law references: Food and food establishments, V.T.C.A., Health and Safety Code § 434.001 et seq. DIVISION 1. GENERALLY Sec. 18 -191. Definitions. When used in the article, the following words and terms, unless the context indicates a different meaning, shall be interpreted as follows and this section shall include all definitions included in the regulations adopted in section 18 -271: Child care kitchen means a kitchen within a child care facility that prepares and/or serves meals to children in care. Child care facilities that only serve prepackaged or non - potentially hazardous snacks obtained from an approved source that require limited food handling and require that children in care provide their own meals are excluded from this definition. Commissary means a facility that is permitted and inspected by a municipal or county regulating health authority. The commissary shall provide safe storage of food, paper goods, and single - service articles; equipment to wash, rinse, and sanitize food contact equipment, disposal of waste water, washing and storage of mobile food units, weekend food vendors, or other food vendors' equipment. Residential homes or apartments, child care kitchens or kitchens that cannot be properly secured from entry by non -food employees will not be permitted as commissaries. All food products housed or prepared at the commissary shall be properly packaged, labeled, and obtained from an approved source. Concession stand/ Seasonal food service means a facility that operates at a fixed location in conjunction with scheduled, community -based sporting or recreational events and operates for no more than four consecutive months (120 days in a 12 -month calendar year). Concession stands are limited to approved menu items including preparation and service of non - potentially hazardous foods, precooked, potentially hazardous food products, and/or frozen, pre - formed hamburger patties requiring limited preparation such as heating, seasoning, and serving. Food handler cards are required for concession stand coordinator (s). Consumer health inspector means the inspector of the department of neighborhood services of the city or his designee. Cooking means cooking all parts of a food to meet the time and temperature requirements set in the Texas Food Establishment Rules without interruption in process or procedure from refrigerated or frozen state until the food is completely and thoroughly cooked. PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 Employee means any person working in a food service establishment including individuals having supervisory or management duties. Fee exempt means any non- profit organization with proof of non- profit status; parent - teacher associations; scholastic -based booster clubs; any City -owned or City - operated food service operation; and as otherwise determined by the director of finance or his authorized representative or as otherwise designated by the city manager. Food means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use either in whole or in part, for human consumption, or chewing gum. Food Demonstration means temporary food service located within a retail grocery store at which a vendor or employee provides food samples to the general public. Food demonstration independent vendors and employees of the retail grocery providing demonstrations shall operate under the direction of a certified food manager, possess current North Richland Hills food handler cards, and meet all applicable food safety requirements as specified in the Texas Food Establishment Rules for temporary food service. Food establishment means any place which offers, produces, or stores food for consumption in single or larger portions or quantities, including but not limited to food service establishments, retail food stores, f3cd pro os commissaries, warehouses and food itinerants whether such operations be mobile or operate from a fixed location; and whether there is a charge of a direct and/or indirect nature or said food is given away without a charge. The term "food establishment" does not apply to the following: (1) Private homes where food is ppepaped served or stored for individual family consumption. (2) Religious organizations that serve their own membership and immediate guests and other structured groups of persons who gather occasionally for fellowship and society that provide the food from amongst their membership. For tho p�;rpoco of so✓oss+ng fooc, tho to; m dodo not inols:do tho f3ll3\v+4�por& andler •ca "n�hichma4#r, prc% th, th^ opiar c_icrr of th.c fc rim r �c r k ":o p -" ' i �rnry eo a isl arA imminent hroolth hard ac okatormir /3d by tho c3ncNmo4:-�*.h in._r 03t9F G hio s.5`ho r a nd-ffovidod U,aoh 3 stablishmept obta inc s po; mit from the dcpsrtmont of ns ighber " eed „ iocc of this oity: (3) T---mperery fccJ o4:rw ;,m: nr• which cpo. cve c: o lecotic�n fc c p&49e cf tirrr^ nat to v)(cvod thirtoon 3c osQ"itivc d ayS in r.9Rj 1RGti9R With a ciR9 ovant or . ±ion p r ew i ded tlat :saoh tom pefaF y f eed Nctsbli:,hrrrontc src both ov#Lpod snd opar -atod by nonprofit flrgsni_ "CVO \v44imR-tho city. (3) Food processing plant; 2 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (1) 'Cono3coion standc c f ixed looation in c notion with ox3ho 3ommNn; bas od DP3rting or roonoatiepal c:.,on c rr^r (o) `/joh cctsblivhn cry "c } "�,- and 3pors`�d by n it 3rgsn�,aatk (b) Tho propSration snd- seRing of W84ally haza rdouc food chs!I bo rcotriAted te only thooc prcooak3�—,petefft+ally hazsrd3NC foo -p i 1jcrk-_ mgNiri pmporation cNoh c-c he "irg, c and ac - (c) Thic r"tri0an J/_-c: nvt cpp y ttc cny hcZQr &-vc f� pr3jo3t that hso boon pr3perty propsr:-and p& -in n000rdanec w ith All 4epa k mont of hcslth and local rogaircmrntc and is propnr1 }�-&torod, hsn�13d, and corvod in t4e-44n opcn3d, 9.r+ginsl psok&go from --aid :r•noo✓ bn ctcn4&.- -(5) EotablicJ,im9RtSW'hi3h hcn�l 9RlY fF o , Nnpr3300aD0 fruit, nmtc and v I c-c v.r" -09+ aporta from a fixed tooction or crc mob;l3 in n-_k,\Lfe­ (4) Temporary food establishments which operate at a fixed location for a period of time not to exceed three consecutive days in conjunction with a single event or celebration or concession stand which operates at a fixed location in conjunction with scheduled, community -based sporting or recreational events that serve only prepackaged food products that have been properly prepared and packaged in accordance with all state and local requirements and are properly stored, handled, and served in the unopened, original package from said temporary food establishments or concession stands. (5) Temporary food establishments operated by non - profit, religious, governmental agencies, or private individuals less than three days in length. (6) Kitchen in a private home if only food that is not potentially hazardous is prepared for sale or service at a function such as a religious or charitable organization's bake sale. Priority classification. For the purpose of assessing permit fees and frequency of inspections, the following definitions shall apply: (1) Low priority. A food establishment that sells only prepackaged potentially and non - potentially hazardous foods; prepares and/or serves only non - potentially hazardous beverages; QP#e rr<`h minimal handling or other factors as determined by the consumer health inspector or his authorized representative which would require the establishment be inspected on a low priority basis, such as a convenience store, discount store, or drug store. (2) Medium priority. A food establishment that prepares, serves, or sells potentially and non - potentially hazardous foods from precooked ingredients with limited handling; fresh meat or seafood market that sells only prepackaged meat or seafood packaged at an approved food manufacturing plant; or other factors that require that establishment be inspected on a medium priority frequency basis, such as a retail grocery store, sandwich shop, Reasepal fa fee4- produce market, ice cream shop, pizza delivery /pickup, bakery, or candy store. PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (3) High priority. A food establishment that prepares, serves or sells foods from raw meats or seafood; extensively handles foods; scr c highly p -_pN a�or other factors that require that the establishment be inspected at the high priority frequency basis, such as a full service restaurant, fast food restaurant, seafood mcrkvt or fresh meat market where meat and/or seafood is handled, prepared, or cut on site ^a *.o;�r, hoWital fo94 ro c, or nursing homv fact 3,zrvicc. (4) Elevated priority. A food establishment that serves or sells foods from raw meats or seafood, extensively handles food, and extensively holds potentially hazardous foods hot and cold for service; operates 24 hours per day; serves a highly susceptible population; or other factors that require that the establishment be inspected at the elevated priority frequency basis, such as a full service buffet or cafeteria restaurant, fast food or full service food establishment open 24 hours per day, or hospital or nursing home kitchen. Health department means the department of neighborhood services of the city. Mobile food unit means a vehicle - mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable. Mobile food units with full - service kitchens and other trucks serving meals shall not stay at a fixed location longer than 15 minutes and are limited to sales at construction sites only. Mobile food units selling prepackaged ice cream and other non - potentially hazardous foods that operate within the city shall also obtain a Solicitor's permit from the office of the city secretary. Municipal Special Event Vendor means a vendor that operates a temporary food service establishment at a fixed location not to exceed five consecutive days in conjunction with a single event or celebration sponsored, owned, or operated by the City of North Richland Hills. Non-potentially hazardous food means a food that is not potentially hazardous and does not require time and temperature control for safety to limit pathogen growth and toxin production. Non - potentially hazardous foods include but are not limited to popcorn, pretzels, chips, snow cones, cotton candy, pickles, and cookies. Potentially hazardous food means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacean or other ingredients, cut fruit, baked potatoes, cooked rice, or other food in a form capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms, or as further defined by the Texas Food Establishment Rules. Recurring Event Food Vendor means a vendor that operates from a temporary location in conjunction with a community -based sporting or recreational event or school fundraiser. Recurring Events include: outdoor temporary food service at a fixed location for a period of time not to exceed one day per week for no more than four hours at a time for no more than four consecutive months (120 days in a 12 -month calendar year), not to exceed 16 events total; or indoor temporary food service that serves an approved menu with limited food handling that coincides with community -based sporting, recreational, or scholastic events. Recurring Event Food Vendors shall currently operate a permitted and inspected food U PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 establishment, serve an approved menu with limited preparation at the event site, and be overseen by a Certified Food Manager. Regulatory authority means the department of neighborhood services of the city. Re- inspection means an inspection to determine compliance with applicable health regulations. Re- inspection fee means a fee assessed by the consumer health inspector based on a health inspection score of 30 or greater and/or an establishment's failure to correct one or more issues addressed at the time of inspection within the time frame established by the inspector. Rules and regulations means "Texas Food Establishment Rules" (TFER) of the state department of health, division of food and drugs. A copy of those rules are on file in the office of department of neighborhood services and made a part hereof. Such rules and regulations are adopted and shall be in full force and effect within the city limits of the city. ✓oac,onal food :rarvioo moarrc an rlrtabli,_hrr\,ont V/hioh opora oc for no nmorc than fa�:I-r oorraocutivo monthc (120 dayo in c 12 n oa'andsr y0a, ), and is rcr .ri ^+aPa to MA pc�n\,'iiDly hczard"K fc_ Temporary food establishments mean establishments which operate at a fixed location for a period of time not to exceed three consecutive days in conjunction with a single event or celebration +t e thnt such :cmpercry f _xl ar bc�h cwnvd and y fit cr ganizzationc baaod-*44imR-tho city. A business may only operate a for - profit temporary food establishment once every four consecutive months (120 days in a 12 -month calendar year). .rcry f sorvi:foo rrraa,-K- cn catab\lichmant c: a fixod looatian whioh oporatoc for no moro than thrcrc oonvacutivo dayc in cranjunotion with an o or oolcbmtion Woncforod by a 4ur6irTC9 in v gnniz@tien with o Icacticn whcn rLur,\r cv� "�"irc. Weekend food vendor means a food establishment which operates for no more than three consecutive days over a weekend at a single business with a minimum of 100,000 square feet of building space and ten feet of space in front of such business for such vendor. Weekend food vendors are limited to preparation and service of non - potentially hazardous foods and precooked, potentially hazardous food products requiring limited preparation such as heating, seasoning, and serving. (Code 1975, § 10 112 -2; Ord. No. 2845, § 1(10 1/2-2), 8 -12 -2002; Ord. No. 2750, §§ 1, 2, 11- 10 -2003; Card. No. 2958, § 1, 11 -12 -2007) Cross references: Definitions generally, § 1 -2. Sec. 18 -192. Compliance required. It shall be unlawful for any person or firm to operate any food establishment as defined in section 18 -191, within the corporate limits of the city, unless such operation is done in conformance with the requirements of this article. R PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (Code 1975, § 10 112 -21; Ord. No. 2645, § 1(10 1/2-16),8-12-2002) Sec. 18 -193. Fees. The director of finance shall review all fees annually and adjust fees by the increase in the DFW consumer price index for the preceding 12 months as established by the department of commerce and are printed in appendix A. (Code 1975, § 10 112 -101; Ord. No. 2645, § 9, 8 -12 -2662) Sec. 18 -194. Penalty. Any person, firm, association of .persons, company, corporation or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined, upon conviction, as provided in section 1 -13. Each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty herein shall be cumulative of other remedies provided by state law and the power of civil enforcement and injunction as provided in V.T.C.A., Local Government Code §§ 54.012 -- 54.019 and as may be amended may be exercised in enforcing this article whether or not there has been a complaint filed. (Ord. No. 2645, § 1(10 1/2 -41), 8 -12 -2002) Secs. 18-195--18-210. Reserved. 111►1Fy[6]0FMUM11 111 Sec. 18 -211. Required. It shall be unlawful for any person or firm to operate a food establishment without a permit. (Code 1975, § 10 112 -23; Ord. No. 2645, § 1(10 112 -18), 8 -12- 2002) Sec. 18 -212. Application. (a) Generally. Application for a permit as required in this article in section 18 -211 shall be made in writing to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager upon forms prescribed and furnished by the city. Application for a permit shall include a copy of a government - issued identification that includes a photograph of the applicant. Exceptions to this requirement shall be made for temporary food service, municipal special event vendors, and recurrent event food vendors. (b) ,Review of plans and specifications. Plans and specifications review are required as follows (1) dr T - p i ep v ccanctr-_ictian mmW0N. cr ccmrn 6, Ci e-R- crcicting ctr►�tik nsi to be -N✓od ac a food cctabli.J m a oomploto oct of plcr\.3 c R4 — &p oo ifioaticnc for roviovi ur \ tho 1 ding ^oodo &rA cdminictmtv.�oly ^r,ardina. a do a\uilablo to tha firo max.hal and tha 33n✓,Arr/3r health inW03tOr or hic authorititi F0pr&6eRt3tiV or ac othonvic/a daccignat by the &y rn/annra: fcr rc i;c is and r t is iici�nc cif the fire c�-��ic and this nrtie �V nrrt nc : orr...rs�otion of a food octablichmront :lull tako plaoo nor will a b Ming permit bo prior to-tho appruid of tho ✓JLnittod pla,r- cnd cpooifiv tior/_ b tho ✓ ooifiti offiaia;c. Prior to construction, or remodeling where structural and/or cosmetic improvements valued at $5000 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 or more are involved or conversion of an existing structure to be used as a food establishment, a complete set of plans and specifications shall be provided. Such plans and specification shall be made available for review by the fire marshal and the consumer health inspector or his authorized representative or as otherwise designated by the city manager for compliance with the provisions of the building code, fire code, and this article. No construction of a food establishment shall take place nor will a buildings permit be issued prior to the approval of the submitted plans and specifications by the specified city The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, and construction materials or work areas, and the type or make of proposed fixed equipment and facilities. Construction according to the specifications which have therefore been submitted and approved by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager must be commenced within six months of the said approval date and completed within 12 months of commencement, or the plans must be resubmitted for plan review and being subject to the current city requirements. (2) Projects which, at the time of approval, are of such size or which are planning to use equipment that cannot be delivered and installed within this 18 months may apply to the city consumer health inspector or as otherwise designated by the city manager for a waiver of this review at the time of original submission, but not thereafter. (3) Whenever plans and specifications are required to be submitted to the city, the city shall inspect the food establishment prior to its beginning operations to determine compliance with the approved plans and specifications and with the requirements of this article. All items required by this article addressed by the department of neighborhood services shall be completed prior to operations or introduction of food products into the food establishment. (4) Upon change of ownership or remodeling of a food establishment, any violations addressed in previous inspections shall be resolved; the intent of this section is to require installation of sinks or other equipment or materials that are required by this ordinance or the Texas Food Establishment Rules. (Code 1975, § 10 112 -24; Ord. No. 2645, § 1(10 112 -19), 8 -12 -2002) Sec. 18 -213. Authority to issue permits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is hereby authorized to issue a permit to any person or firm making application for a food establishment permit in the city provided that the person or firm complies with the requirements of this article. (Code 1975, § 10 112 -22; Ord. No. 2845, § 1(10 112 -1.7), 8 -12 -2002) Sec. 18 -214. Issuance of permit; transferability; terms; penalties; categories. (a) The city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall issue a permit if he determines that: (1) The technical review of plans and specifications are in compliance with applicable laws and this article; (2) The fees as set out by ordinance and all other applicable fees have been paid; and 7 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (3) By means of physical inspection, the food establishment is determined to be in compliance with this article. (b) Permit nontransferable. Every permit issued under the provisions of this article shall be nontransferable. R food establishment shall permit the operation of the establishment only at the location for which application is made. Change of ownership of a food establishment requires submission of a new permit application and payment of the permit fee and any applicable non- permit fees. (c) Display of permit. Any permit granted under the provisions of this article shall remain in full force and effect and displayed in a conspicuous public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager for the term allowed according to permit category and type as defined in this article, unless suspended and/or revoked for cause. (d) Penalty for failure to renew. Any food establishment that fails to renew any permit issued under the provisions of this article by the expiration date of said permit and continues to operate without a valid permit shall be assessed $25.00 for each day of operation of that establishment, plus any other penalties provided in this article. Such assessments and /or penalties shall be paid along with the required permit fees before a valid permit will be reissued. Any food establishment that fails to renew any permit issued under the provisions of this article within 39 days of permit expiration and continues to operate may be closed by the department of neighborhood services and/or the person in charge issued a citation. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until said permit and fees are paid in full and a re- inspection determines that any other violations addressed by the department of neighborhood services have been resolved. (e) Permit categories. Permit categories are authorized as provided herein: (1) Low Priority Food service establishment (2) Focd Store Medium Priority Food service establishment (3) €ee4- cnrvicc within c food ctore -High Priority Food service establishment (4) Elevated Priority Food service establishment (5) Child Care Kitchen (8) Mobile food unit (7) Weekend food vendor (8) Concession Stand / Seasonal (9) Temporary Food Establishment (10) Municipal Special Event Vendor (11) Recurring Event Food Vendor Sec. 18 -215. Permit fees and renewal. 9 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 {#� rmit t yp oo permit type oath f affn-&-rou �ogcry ar cutho; izod as providod hor -e+*. (4) AR m �al pormit: Twalvo maRthc Corm langth; {-; Ste: /final parmit: FoNr oonsesutivso nr /inthc, rot to excood 130 dcyc in long }h; and (3) Tar�;.cr"y permi� vj t thrcc cv\nccwti* rc doyc in ! (g) oatogcrisc shall b -c f^"^ {Ai c: «' Feed ° ° r vioo managor; e% (2) P:9 "l evrvicc cmp cycc. (C ell 1 UCH §-40 1 / 2 mod. NV\ ='f3-4h � 1(1 C"/ 20), 1 12 2:L2 (a) Fee required. Before a permit is issued, an applicant shall pay the fee as established by ordinance, except fee exempt temporary food establishments, fee exempt concession stands, and food establishments wh` -\h h -iJIc manly frsch, unr ccrccvd c, mc0c c\nd vvgii@hc! c. owned and/or operated by the City of North Richland Hills. (b) Application and renewal of certain permits. The following permits shall expire annually on November 30 and must be renewed on December 1 of each calendar year (1) Food service establishments hi levated priority; (2) Food service establishments rrc>diNm high priority, (3) Food service establishments medium priority; (4) Temporary food C/3R ioo Food service establishments low priority; (5) S"ncennl pv mit Child Care Kitchen (6) Mobile food unit; and (7) Weekend food vendor. (c) Proration of fees. Applicable fees may be prorated at 50 percent for food establishment permits issued on or after May 1. (d) Public ,Entities. Food establishments operated by a public entity such as an Independent School District may be exempt from paying the Food Establishment Permit fee, if approved by the regulatory authority. (Code 1975, § 10 112 -26; Ord. No. 2645, § 1(10 1/2 -21), 8 -12 -2002) Secs. 18-216--18-230. Reserved. Sec. 18 -231. Enforcement authority; inspections; report of inspections. (a) Authority. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager is authorized to enter upon any private property and to enter any establishment, subject to the provisions of this article for the purpose of determining compliance with this article and for the purpose of determining the identity of the owner, operator, manager or supervisor thereof and all persons employed therein. (b) Inspections. Before a permit is issued, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager shall inspect and approve the food establishment areas to be used. An inspection of a food establishment shall be performed at least once annually and shall be prioritized based upon assessment of a food establishment's compliance and potential of causing food borne illness according to TFER 25 TAC ` 29.171(h). 6 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (c) Classification of food establishments. The city consumer health inspector or as otherwise designated by the city manager shall classify food establishments as elevated priority, high priority, medium priority or low priority, according to the type of operations; particular foods that are prepared; number of people served; susceptibility of the population served; and any other risk factor deemed relevant to the operation. (d) Additional inspections. Additional inspections of the food establishment shall be performed as often as necessary for the enforcement of this article. (e) Refusal to allow inspection. Refusal of an owner, manager or employee to allow the city consumer health inspector or his authorized representative, upon presentation of credentials, to inspect any permitted business or operation therein during normal business hours will result in an immediate suspension of the permit, requiring all permitted activities to abate until after the hearing required in section 18- 232(e)(1). Nothing Therein or therein shall require notice of suspension of this violation. (f) Inspection warrant. In the event that the city consumer health inspector or his authorized representative or as otherwise designated by the city manager should have cause to believe that a business required to be permitted under this article is operating without a permit (or has failed to renew such permit) and refuses entry, during normal business hours, then the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may apply to the city municipal court for an inspection warrant of the suspect premises upon the filing of a ;probable cause affidavit and compliance with the Texas Code of Criminal Procedure. If an inspection warrant is granted by the municipal court, the city consumer health inspector or his authorized representative or as otherwise designated by the city manager may be assisted in service thereof by the city police department, or such other law enforcement agencies as are deemed necessary to obtain entry. (g) Building official andfor fire marshal to accompany inspector. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may also be accompanied during inspection by the building official or his designee and/or fire marshal of the city or his designee or as otherwise designated by the city manager. (Code 1975, § 10 112 -41; Ord. No. 2645, § 1(10 1/2 -31), 8 -12 -2002) Sec. 18 -232. Correction of violations; suspension of permit; revocation of permit. (a) Enforcement procedures. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may establish enforcement procedures to ensure compliance with this article and which are consistent with the regulations adopted herein, including, but not limited to written warnings, compliance time limits, re- inspection fees, citations, permit suspensions and permit revocation. (b) Inspections. The inspection report form shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions: 10 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (1) If an imminent hazard exists, because of an emergency such as a fire, flood, extended interruption of electrical or water service, lack of hot water (at least 100 ° F or no less than the minimum required temperature set by the TFER), sewage backup, misuse of poisonous or toxic materials, onset of apparent food borne illness outbreak, uncontrolled infestation of insects or rodents, gross unsanitary occurrence or condition, or other circumstance that may endanger public 'health, the permit holder shall immediately discontinue operations and notify the city department of neighborhood services. If a business is closed for any of the above mentioned violations, a closure sign shall be posted in public view. If the department of neighborhood services places the closure sign in public view, it cannot be removed or covered in any way, said sign shall state that the business was closed by the city department of neighborhood services or as otherwise designated by the city manager and shall not reopen until such time as the violations or repairs have been completed and a re- inspection has been completed by a city consumer health inspector or as otherwise designated by the city manager. The consumer health inspectors or as otherwise designated by the city manager are the only persons authorized to remove the sign once it has been posted in accordance with this article. Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re- inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. (2) A permit holder shall, at the time of inspection, immediately correct a critical violation and implement corrective actions. Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the consumer health inspector or as otherwise designated by the city manager may agree to or specify a longer time frame, not to exceed ten calendar days after the inspection, for the permit holder to correct critical control point violations. (3) All non - critical violations shall be corrected by a date and time agreed to or specified by the consumer health inspector or as otherwise designated by the city manager, but no later than 90 calendar days after the inspection. (4) In the case of temporary food establishments, all violations shall be corrected immediately and within a time specified by the regulatory authority, but in any event, not to exceed 24 hours following the inspection. (c) Re- inspection. (1) Re- inspections shall be to determine corrected , min ont havak "c ritical and non- critical violations as defined in the regular inspection. (2) Re- inspections shall be to determine compliance with plan review after initial inspection and prior to issuance of permit. (3) When the total cumulative demerit value of a food establishment's health inspection exceeds thirty (30) demerits, multiple critical violations exist, or the lack of overall cleanliness and sanitation poses a risk to health and safety, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective actions on all other violations within forty -eight (48) hours. One (1) or more re- inspections shall be 11 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 conducted at reasonable time intervals to ensure correction. There shall be a re- inspection fee for all additional re- inspections required to determine correction. The re- inspection fee shall be paid no later than thirty (30) business days immediately following each re- inspection. Tl ry incpcc�;QR c chat by T hn!4�P�c cvct cf c�nc pv mit fca (d) Compliance with inspection report. The inspection report shall state that failure to comply with any time limits for correction may result in cessation of food sale and/or service operations, issuance of re- inspection fees, or issuance of citations. An opportunity for a formal administrative hearing is provided for in subsection (e) of this section. (e) Suspension of permit. (1) The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, without notice or hearing, suspend any permit authorized herein if the holder of this permit does not comply with the requirements of the ordinance, or if the operation otherwise constitutes a substantial hazard to the public health. Suspension is effective upon service of the notice as required in section 18 -233. When a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city by the holder of the permit, within ten days. The permit holder shall be afforded a hearing within ten days of the date on which the city is in receipt of the written request for said hearing. (2) If the permit holder or the person in charge does not file a written request for a hearing with the city within ten days of the notice of suspension, then the suspension is sustained. The city may end the suspension at any time if the reason for suspension no longer exists. (3) Whenever a food establishment is required under provisions of this article to cease operation, it shall not resume operations until such time as a re- inspection determines that conditions responsible for the requirement to cease operations no longer exist and any other violations addressed by the department of neighborhood services have been resolved. Opportunity for re- inspection shall be offered within a reasonable time. (f) Revocation of permit. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may, after providing opportunity for a hearing as specified in subsection (e) of this section, revoke a permit for serious or repeated violations of any of the requirements of this article or for interference with the city's enforcing authority in the course of his duties. The city shall notify the holder of the permit or person in charge, in writing, of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten days following service of such notice unless a written request for a hearing is filed within the ten day period, the revocation of a permit becomes final. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit. (Code 1975, § 10 1/2 -42; Ord. No. 2645, § 1(10 1/2 -32), 8 -12 -2002) Sec. 18 -233. Service of notice. 12 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 A notice provided for in this article is properly served when it is delivered to the holder of the permit or person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or is hand - delivered to the person in charge of the establishment at the time of delivery. A copy of the notice shall be filed in the records of the city. (Code 1975, § 10 112 -43; Ord. No. 2845, § 1(10 112 -33), 8 -12- 2002) Sec. 18 -234. Hearings. The hearing provided for in this article shall be conducted by the city manager or his designee at a time and place designated by the city manager or his designee. After such hearing, the city manager or his designee shall sustain, reverse or modify the action of the city consumer health inspector in connection with the permit. A copy of such action shall be furnished to the appellant by the consumer health inspector within 48 hours of the issuance of the said order and decision. (Code 1975, § 10 112 -44; Ord. No. 2845, § 1(10 112 -34), 8 -12 -2002) Secs. 18-235--18-250. Reserved. DIVISION 4. TRAINING REQUIRED Sec. 18 -251. Food service manager's training certification. (a) Generally. Every food service establishment permitted herein shall employ no less than one certified food manager or othror r3cparr ✓alo om,:loYOG in 3hcrgo of food case cperaticrc whc & /all pcccvcc @ ccr}ific-6v\n or, n fccd ccrlicc rr.-lnpg frc\m on. ap- „ training ag3n3y or 33rtifioa:i3n training program, "Aitod by thro. who has attended a certified food manager's class approved by the Texas Department of State Health Services and who possesses a current North Richland Hills food manager certificatio of f�a gram 3 ar tru doportrrnnt of r,oighborh33d CrC- oo-c do,�ormirod by thr3 ooric/urrror 4ea4 in✓ooter or hic authorizod roprcr3ntativc c!,” ac othorMc/i slw- :grat by t G # y rrranag - Temporary food service establishments and food service establishments that handle only prepackaged foods and non- potentially hazardous foods which require only limited preparation are exempt from the provisions of this article. Other food establishments may be exempt from this article and will be determined on a case -by -case basis depending on the type of food handling operation and the overall risk to the public health with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. In the case that a food establishment receives a score of (25) or greater for three or more health inspections within a calendar year or has extensive, repeat critical violations and a history of non - compliance, there shall be no less than (1) certified food manager that meets these requirements present at the food establishment during all hours of operation. (b) Certification responsibilities. The certified food manager must be employed on the premises of the establishment to be in compliance with this article. The certified food manager certificate shall be obtained within the first 30 days of employment in a managerial capacity. The certified food manager shall be responsible for ensuring that all food handlers are trained and certified with the city department of neighborhood services or as otherwise 13 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 designated by the city manager within the first 30 99 days of hiring. In the event that the certified food manager is no longer employed on premises, the food establishment must employ another certified food manager who possesses a current North Richland Hills food manager certification within 30 days of the effective date of termination or permanent transfer of the previous certified food manager. (c) [Display of certifications. The owner or person in charge of any establishment permitted herein shall display all such certifications in a conspicuous, public place for inspection by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. A copy of each certified food manager's certification as described and required in this article shall be filed in the records of the city. (d) Fee. The fee set out in Appendix A is intended to cover the issuing of the certificate only. If the training is obtained through the department of neighborhood services, any cost to the city for such training shall be passed on to the food service manager. (Code 1975, § 10 112 -61; Ord. No. 2845, § 1(10 112 -51), 8 -12 -2002) Sec. 18 -252. Food sef , icc omplog�co oor;�Handler Card. (a) Required. Every employee of a food service establishment shall obtain a food serw+se Ioy c/c, cortifiookm handler card from the city department of neighborhood services within the first 30 days of employment. Coordinators of concession stands, seasonal food service operations, and recurring event food vendors shall also obtain the food handler card within 30 days of operation. (b) Training sessions. Prior to obtaining a food c/3r\ri-_\o omp),oyoo oartifisate- handler card, employees shall attend a training session on food safety available through the city department of neighborhood services or as otherwise designated by the city manager or attend a certified food handler class approved by the Texas Department of State Health Services. (c) Fee, filing of copy. There shall be a fee, as set out in Appendix A, for this training session and/or T hp fp o :hail inol & the food ,loyoo o--tifioatc handler card. s hall bo dico, -_ od in a oonWiouoNo plaoo in *14_-octablichmont for ins notion by *.4& GeRs mcr h"akh i pccwcr cr his viuth.cr izvd ng ©n *. AP Qo dc� ty *.ha -s+-Y mra"- cr, . A -o-4y of oa food- sarvicra omployva =-tifio�� chall bo filed in tho moordc of tho 4ty— Volunteers of non - profit and fee - exempt food establishments and food service employees of the City of North Richland Hills shall be exempt from paying this fee. (d) Exemption. Employees in gF9Gefy S* ^r °° food service establishments that do not work +R c fob c/orvioo sroa with food or food contact items and employees that have obtained certified food manager certification through the department of neighborhood services shall be exempt from this article r cvidod tic- ncn hon0r. pc�c.�i.0..y hozordckic fQo4. (Code 1975, § 10 112 -62; Ord. No. 2845, § 1(10 112 -52), 8 -12 -2002) Secs. 18-253--18-270. Reserved. 14 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 01KA6 Sec. 18 -271. State sanitation regulations adopted. The state department of health bureau of food and drugs, "Texas Food Establishment Rules," ITFERJ (25 TAC 229.161- - 229.171, 229.173 - 229.175), as adopted by the state board of health, effective October 6, 1998, and as amended thereafter are hereby referenced and adopted as part of this article. (Code 1975, § 10 112 -1; Ord. No. 2645, § 1(10 112 -1), 8 -12 -2002) Sec. 18 -272. Examination and condemnation of food. Food samples may be examined or taken for analysis by the city consumer health inspector or his authorized representative or as otherwise designated by the city manager as often as necessary for enforcement of this article and may, upon written notice to the owner or person in charge specifying with particularity the reasons thereof, place a hold order on any food which is believed to be in violation of any portion of this article, and shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served or removed from the establishment until the vendor of such food has furnished proof of the wholesomeness of the food product to the city consumer health inspector or his authorized representative or as otherwise designated by the city manager. The city shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall) be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and that if no hearing is requested, the food shall be destroyed. A hearing shall be held if so requested and, on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written notice to denature or destroy such food or bring it into compliance with the provisions of this article. All costs accruing from such removal thereof shall be borne and paid for by the owner thereof. (Code 1975, § 10 112 -45; Ord. No. 2645, § 1(10 112 -35), 8 -12 -2002) Sec. 18 -273. Equipment and utensils; design and fabrication. (a) Standards for equipment. Residential refrigerators, freezers, and ranges are not approved for use in commercial food service establishments or food stores. Refrigeration units will be required to maintain a product temperature of five degrees Celsius (41 degrees Fahrenheit). Smokers and grills used to prepare meats shall be of commercial grade, placed in a secured area that the public cannot access, must be maintained in a safe and sanitary manner and shall at all times of operation be under the supervision of a food service manager. Only equipment or utensils that meet or exceed the standards of the National Sanitation Foundation (NSF) are approved. (b) ,Exception to standards. An exception to the former equipment requirements may be made with written approval of the city consumer health inspector or his authorized representative and for t#e following ov *.�hmrrntc- cr ape-Fa43r\.--: (1) food establishments that will operate only under a temporary permit. (2) MCbil�-- food o&.cblbhmantc. (3) Child e 15 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 fcoilitic/c liaonc d for �:p to 12 ohildmn by thro ctata dopa,�msnt of pml.\3otion and rogNlc�ory corviooc. (Code 1975, § 10 11246; Ord. No. 2545, § 1(10 112 -36), 8 -12 -2002) Sec. 18 -274. Equipment installation and location. Auxiliary equipment such as water heaters, remote connected refrigerator compressors, and the central units of equipment used to treat the air by either heating, cooling, or otherwise conditioning the air must be located outside food preparation areas. If such equipment is to be installed in a food preparation area, it must be completely enclosed. (Code 1975, § 10 11247; Ord. No. 2645, § 1(10 112 -37), 8 -12 -2002) Sec. 18 -275. Sanitary facilities and equipment. (a) Lavatories and hand washing sinks. Lavatories and hand washing sinks shall be separate facilities from sinks used for food preparation or utensil washing. Such facilities located in the food preparation areas of food establishments shall be equipped with hot and cold, potable water under pressure and metered by a mixing valve. The faucet shall be equipped with wing or lever handles, wrist padd! handles, or foot pedals in place of Wee p/osda,L knobs. Automatic hand washing facilities shall allow water to flow for at least twenty (20) seconds in order to meet required time limits for hand washing; water shall reach 100 ° F within twenty (20) seconds. Hot water shall reach no less than 100 ° F or as required by Texas Food Establishment Rules at all hand sinks and lavatories within 20 seconds of operation. For new construction and those facilities that have undergone extensive remodeling, a hand washing sink shall be located to allow convenient use for employees in all food preparation, food dispensing, and ware washing areas; in, or immediately adjacent to toilet facilities; and at least (1) hand washing sink shall be on each cook line, for direct use by all employees while working on the cook line; and within every twenty -five (25) linear feet of unobstructed space in food preparation, food service, and utensil washing areas, or as otherwise approved by the regulatory authority. An approved splash guard may be required to separate the hand washing sink from food preparation, service, or storage areas. Water heaters must be of sufficient capacity to meet all hot water needs throughout the facility during all hours of operation. (b) Lavatory and hand washing sink supplies. If hand drying devices providing heated air are provided, they may only be used in restrooms. A sanitary dispenser containing hand cleaner and a sign that states or demonstrates proper hand washing shall be provided at each lavatory and each hand sink. Sanitary disposable towels shall be provided in a dispenser conveniently located near each xoctrcam hand sink in food preparation and 4-wa#wy- service areas. Hand washing sinks in food preparation or food service areas shall also be equipped with a supply of single -use gloves or other specified second barrier that is properly stored and not subject to splash. (c) Toilet facilities. (1) All new or extensively remodeled food service establishments within the city in which food served to the customer is intended to be consumed on the premises shall be equipped with separate toilet facilities for men and women and shall comply with all requirements of the 16 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 city plumbing code. An exception to this rule based on allowed occupancy of 15 people or fewer or as specified by International Building Code and facility priority rating may be made with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. (2) Toilet facilities shall be located within the food service establishment and will provide the customer of said establishment direct and easy access to the establishment toilet facilities from the dining area without having to go either outside the establishment, or through the food preparation area. Employees shall have access to the toilet facilities without having to exit the building. An exception to this rule may be allowed in a theme park setting based on overall facility layout and condition of and proximity to toilet facilities with written approval of the director of neighborhood services or his authorized representative or as otherwise designated by the city manager. (d) Cleaning physical facilities. In all new or extensively remodeled food service establishments or food stores, at least one utility sink or curbed floor drain supplied with hot and cold water under pressure by means of a mixing valve or combination faucet, shall be provided and used for cleaning mops or similar wet cleaning tools and for the disposal of mop water or similar liquid wastes. In -use dish cloths must be stored in sanitizer meeting requirements stated in TFER. (e) Grease traps /interceptor. Grease traps /interceptors installed in food establishments shall be located outside the establishment, unless approved in writing by the building official, construction board of appeals Phi 1Ml@iR@ 19 director of public works, and city consumer health inspector or his authorized representative or as otherwise designated by the city manager. Grease traps shall be located for easily accessible cleaning and shall be cleaned by a waste hauler that holds a current waste hauler permit through the department of neighborhood services. Grease traps shall be cleaned as often as required by city ordinance, state law, or federal law, but no less than twice annually (two times within twelve calendar months). Trip tickets documenting the removal of wastes shall be kept on site for review. (f) Sinks. In all new or extensively remodeled food establishments at least a three compartment sink shall be provided for the manual washing, rinsing, and sanitizing of utensils and equipment. If heat is used to sanitize equipment and utensils, a minimum temperature of 170 degrees Fahrenheit is required. If raw fruits and vegetables are cut and/or prepared on site, a separate preparation sink equipped with hot and cold water shall be installed for the purpose of washing raw fruits and vegetables. Where applicable, a separate sink shall be installed for the thawing of frozen meat products if frozen meat products are subject to rapid thawing under cool, continuously running water or for meat/seafood products that require additional preparation, such as cleaning shellfish. Preparation sinks shall be properly labeled. Cold Nva.or only �_- nooc/ccary a; thic cinl wtooptian to tho formor ogaipmont Nirom/ontc may bo mad Mth wFit ton approval of tho s4 aonaurrro; hroalth irrpootor or hic a4thcrizvd cr cc cthcnvice dvc.ignnt"cl "y the Gity mnn6ircv cn!',= ir+tl` cti-scc cf c ford rrtabli:hmont that shall oporat. Nnd-e�tompccrary permit of food cc+ablichmuntc that han/llo o tontial hc_-,ard3uc fPAd; whioh roquirc limitad pmporst494:F. 17 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 (g) Mechanical utensil washing facilities. In all new and extensively remodeled food establishments having mechanical utensil washing facilities, at least one three - compartment sink shall be provided in addition to the mechanical utensil washer. (Code 1975, § 10 112 -48; Ord. No. 2645, § 1(10 112 -38), 8 -12 -2002; Ord. No. 2750, § 3, 11- 10 -2003) (h) Floors, walls, ceilings. Floors., walls, and ceilings in all food preparation, food service, ware washing, and any other area subject to splash shall be light in color, designed, constructed, and installed so they are smooth, non - absorbent, and easily cleaned. FRP (fiberglass reinforced paneling), stainless steel, commercial tile, or other material approved by consumer health shall be required for all food preparation and food service wall surfaces. Painted concrete floors are prohibited. Carpeting may not be installed as a floor covering in any area subject to moisture, flushing, or spray cleaning methods. Carpeted areas shall be regularly cleaned and shall be removed or replaced if those areas become extremely distressed and unable to be properly repaired or become soiled, filthy, and no longer cleanable. (i) Distressed merchandise, segregation, location, and marking. Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, expired, spoiled, or recalled products, shall be separated and stored properly in designated areas that are separated from food, equipment, utensils, linens, and single - service articles. Such products shall be clearly marked that they are not to be used or served. (j) Employee personal storage. Food employees shall have designated space within the food establishment to allow for storage of personal items, such as jackets, coats, personal foods, and drinks. Employee personal items shall never be stored in areas that could potentially contaminate food, food contact items, clean equipment, clean linens, or single - service /single -use articles. Employees may only drink from a non - spillable, closed beverage container that is handled and stored to prevent contamination of the employee's hands, the drink container, exposed food, clean equipment, utensils, and linens, unwrapped single - service /single -use articles. (k) Pest control. In the event that the presence of pests is determined at a food facility, the department of neighborhood services may require the food establishment to obtain additional pest control treatments in order to properly control pests. All pest control efforts shall be administered and overseen by a commercial pest control applicator licensed by the Texas Department of Agriculture, and all pest control records shall be on site and available for review. Sec. 18 -276. Restricted operations. The retail sale and /or offering for sale, and/or holding for sale, of raw potentially hazardous food for consumption from temporary and mobile food establishments of all types and categories is prohibited within the city limits. The city consumer health inspector or his authorized representative or as otherwise designated by the city manager may impose additional requirements pertaining to temporary and mobile food establishments or mobile food itinerant, in order to protect the public health and may prohibit the sale of some or all is PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 potentially hazardous foods from the former establishments. Excluded from this section are businesses that sell frozen, prepackaaed meals and frozen, prepackaaed food products that have been packaaed at a manufacturing Dlant inspected by the FDA, USDA, or other federal aaencv and deliver said product in a frozen state in commercial, refrigerated trucks. Such businesses shall obtain a solicitor's permit from the office of the city secretary and a hermit to operate as a mobile food unit from the department of neiahborhood services. (Code 1975, § 10 112 -49; Ord. No. 2645, § 1(10 1/2 -29), 8 -12 -2002) Sec. 18 -277. Weekend food vendors. Weekend food vendors must have a separate license for each location they serve and must provide, in writing, a statement of the location of the commissary that is used by the vendor to store food and equipment associated with the food, which must be inspected by the state department of health, or a Texas city or county health department. All fee d end oquipmont mu&, bu rcmo..•od from thr city M"�v ewe -food is co�/J to t !io by 19:99 p.m. rich nib No operations shall be permitted in any fire lane and at least four feet of walkway into the building must remain open and unobstructed. No weekend food vendor shall operate in any zoning district other than retail or commercial. All zoning and fire regulations must be complied with. Weekend food vendors shall not be allowed to operate except within the ten feet closest to the front of the business building and shall not be allowed to operate unless the primary business building is open to the public. (Ord. No. 2845, § 1(10 112 -40), 8- 12- 2002; Ord. No. 2958, § 2, 11 -12 -2007) Secs. 18-278--18-310. Reserved.AR Sec. 18 -278. Additional Requirements. (a) Temperature Log and Cleaning Schedule Required. All medium, high, and elevated priority food establishments shall be required to keep a daily temperature log in order to ensure proper food safety and good hygienic practices. This log shall include, but is not limited to, records of refrigerator and freezer temperatures taken from internal thermometers, temperatures of potentially hazardous foods received, cooked, held hot, held cold; records of cooling potentially hazardous foods; tracked use of time as a public health control where allowed by law; calibration of thermometers, concentration of sanitizer at the mechanical utensil washing facilities and/or three - compartment dish washing sinks; records of additional training or re- training on employee good hygienic practices; food temperatures at catered events; and any other critical control point that shall be tracked in order to ensure proper food safety as established by the regulatory authority. In addition, all medium, high, and elevated priority food establishments shall be required to keep a daily cleaning schedule or log to ensure proper cleaning of all equipment and surfaces throughout the food establishment. All temperature log records and cleaning logs shall be kept on site at the food establishment for a minimum of 30 days and shall be available for review upon inspection by the regulatory authority, (b) Bare Hand Contact Documentation Where allowed by law, a business may opt not to use single -use gloves as a secondary barrier as required by the Texas Food Establishment Rules when handling ready to eat foods. Such business shall submit the required bare hand contact documentation stating that required training has taken place; include a statement of which secondary barrier is used; and a statement of corrective actions in the case of 19 PROPOSED ORDINANCE CHANGES, DRAFT 05 -31 -11 improper bare hand contact. This documentation shall be provided to the consumer health division and shall be available on site at the food establishment and available for review. The consumer health division shall review the submitted documentation and may approve the method submitted if the said method meets all requirements. 20 CITY OF NORTH RICHLAND HILLS Department: Neighborhood Services Presented by: Stephanie East Council Meeting Date: 7 -11 -2011 Agenda No. A.3 Subject: Updates to the Child Care Ordinance (15 Minutes) Summarv: The Child Care Ordinance has not had revisions in many years. Updates to this ordinance will promote increased health and safety at child care facilities and serve to provide clear guidelines for certain aspects of operations not previously addressed. General Descrir)tion: This update reflects state law changes as well as the introduction of health and safety requirements that will assist in protecting the overall safety and welfare of children in care. In addition, the updated code is intended to be used in conjunction with the Food Establishment Ordinance for those facilities that have on site kitchens. The issuance and renewal of child care permits have been clarified and will allow for consistency of information on file between 'NRH City Departments and State regulatory agencies. Changes to this code include specific procedures for releasing children from the center; the permit suspension, revocation, and appeal process; construction guidelines; and standards for facilities that provide evening and night care. One fire drill will be reviewed by NRH Fire Department annually, vehicles used to transport children must have current registration and inspection, and facility liability insurance will be required for all centers. Staff will be presenting the information for the Council to consider and will be brining the item back for a future council meeting for official action. ARTICLE II. - CHILD CARE AND BEFORE AND AFTER SCHOOL PROGRAM FACILITIES DIVISION 1. - GENERALLY Sec. 18 -31. - Purpose. The purpose of this article is to provide minimum standards for the operation of child care facilities and before and after school program facilities in the city, to protect the health, safety and welfare of the occupants and patrons. Sec. 18 -32. - State Texas Department of Family and Protective Services minimum standards adopted. There is hereby adopted the "Minimum Standards for Day Care Centers" and "Minimum Standards for School -Age and Before or After - School Programs" published in Title 40, Chapters 744 and 746 of the Texas Administrative Code, a copy of which shall be kept on file in the office of the city secretary. The provisions of such minimum standards shall apply as though such regulations were copied at length herein, except where specific other provisions are expressed within this article or where the provisions contained herein require higher or greater standards of care. Sec. 18 -33. - Definitions. (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section unless otherwise expressly stated or where the context clearly indicates a different meaning: (1) "Child" means a person under 18 years of age. (2) "Child -care facility" means a facility licensed, certified, or registered by the Texas Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24 -hour day, whether or not the facility is operated for profit or charges for the services it offers. (3) "Foster home" means a child -care facility that provides care for not more than six children for 24 hours a day. (4) "Religious organization" means a church, synagogue, or other religious institution whose purpose is to support and serve the propagation of truly held religious beliefs. (5) "Before- school or after - school program" means a child -care facility that provides care before or after the customary school day and during school holidays, for at least two hours a day, three days a week, to children who attend prekindergarten through grade six. (6) Regulatory authority" means the City of North Richland Hills Consumer Health Division and any other department or official of the city exercising the powers and duties established in this Article. (b) All other terms used herein shall have the meaning established for such terms by Chapter 42, Texas Human Resources Code. (c) The term "child care facility" shall not apply to organizations, facilities or operations not required by Chapter 42, Texas Human Resources Code to be licensed, certified, or registered. DIVISION 2: PERMITS Sec. 18 -34. — Child care, before or after - school program general requirements, application procedures, plan review, permits. (a) Genera! requirements: (1) Every person, association, institution, or corporation, whether for ;profit or nonprofit, who shall conduct or manage a child care or before and after - school program and receives payment or benefits for such service shall obtain a permit from the regulatory authority. The owner and operator contact information on any application submitted to Consumer Health, Building Inspections, and any other department of the City of North Richland Hills must be the same owner and operator information submitted to the Texas Department of Family and Protective Services on the state license application. Any changes in the owner or operator information submitted to any state or local regulatory agency must be updated for consistency on all required documentation. (2) No permit shall be granted to any person who is ineligible to be employed by the facility as defined by Sec. 18- 39(c)(5) of the Code of Ordinances of the City of North Richland Hills. (3) The regulatory authority may approve or deny a permit to operate a child care center or before and after - school program. Upon approval, the regulatory authority shall collect the appropriate annual fee from the applicant and issue a permit, which will remain in effect unless suspended or revoked as herein provided. (4) In the event the regulatory authority shall refuse to grant a permit to any applicant, the provisions of section Sec. 18 -39(d) shall govern any appeal of such denial. The reason(s) for such action shall be provided to the applicant in writing and details provided to correct the problem(s), if possible, which caused denial of the permit request. (5) Child care centers and before and after- school program facilities shall have a regular sanitation inspection at least twice annually with a written report. Any corrections called for in the report shall be made within time specified by the regulatory authority. (b)Application procedures: (1) The child care or before and after - school program facility application and application fees must ibe submitted by the owner to the regulatory authority before construction is complete; transfer of operation; or new operations may begin in existing centers. The application must be submitted on the forms provided by the regulatory authority by the owner or, if the applicant is a corporation, a duly authorized representative of said corporation. a. The application shall state the name, address, and age of the applicant and the commercial title and address of the child care center or before and after - school facility. A copy of the owner, operator, director, and applicant's current driver's license is required. b. The applicant is responsible for complying with all zoning, building, fire, and health ordinances of the City of North Richland Hills. (c) Affirmation of certificate of occupancy. The permit application shall affirm that a certificate of occupancy has been applied for with the building inspection department, its issuance contingent, in part, on the successful application for a child care center or before and after - school program facility permit. All documentation submitted must reflect the information submitted to Consumer Health and the Texas Department of Family and Protective Services. (d) Plan review: (1) Whenever a child care center or before and after - school facility is constructed or extensively remodeled (structural and/or cosmetic improvements valued at $5000 or more) and whenever an existing structure is converted to use as a child care or before and after - school facility, properly prepared plans and specifications for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion has begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas and the type and model of proposed fixed equipment in centers. The regulatory authority shall approve the plans and specifications if they meet the requirements of the state of Texas regulatory authority and city ordinance. (2) Whenever plans and specifications are required to be submitted to the regulatory authority, the regulatory authority shall inspect the child care center or before and after - school facility prior to beginning its operation to determine compliance with the approved plans and specifications and with the requirement of these rules. (3) Residential structures shall not be permitted as a child care or before and after - school facility. (4) The child care or before and after - school facility shall meet the Texas Department of State Health Services Texas Food Establishment Rules if food is prepared and /or served at the center. Facilities serving only non - potentially hazardous or prepackaged snacks are exempt from the requirements of this article. (5) Free- standing diaper changing stations in infant and toddler areas shall have a hand sink, plumbed with hot (100 ° F) and cold running water, located at the diapering station. Hot water must be available within 20 seconds. (6) Child care centers providing over -night care shall provide bathtubs and/or showers. (7) Stairs and porches more than two (2) feet above the ground shall have railings the children can reach. (8) Outside play areas shall be surrounded by a fence with a minimum height of six (6) feet and shall be immediately adjacent to the center and located away from heavy traffic areas. Such fences shall be of a design to prevent entrapment hazards. Any child care center operating a before and after - school care program in a public school building pursuant to a contract with any independent school district shall be exempt from the fence requirements of this article. (9) Outdoor play equipment shall be away from busy areas in the yard and securely anchored, unless portable by design. (10) Swimming pools shall be constructed, maintained, and comply with the State of Texas Regulations for Swimming Pools Texas Department of State Health Service's Standards for Public Swimming Pool and Spa. (e) Permit Required: (1) No child care or before or after - school facility shall be operated within the city without a current permit issued by the City for such facility. (2) All child care or before and after - school facilities in the City of North Richland Hills must present proof of insurance against liability for personal injury or death of any person on the premises in the amount of $300,000 for each occurrence of negligence as required by the Human Resource Code, 42.049 along with the application or renewal of the annual child care or before and after - school facility permit. Any changes or updates to information listed on health permit, certificate of occupancy, or state license must be provided as soon as changes are made but no later than at the time of permit renewal annually. Current copies of state permit holder ownership and/or director's license must be provided along with any updates or changes. (3) No permit shall be deemed to grant a vested or property right, but such permit shall remain subject to the terms and provisions of this article and subject to such future regulations as shall be promulgated by the city council by ordinance and any investment made by an applicant or permit holder shall be made subject to this article. Sec. 18 -35. - Duration and renewal. The term of each permit issued hereunder shall expire on November 30 and upon expiration may be renewed for a one year term by the payment of the annual permit fee and submission of proof of insurance unless suspended or revoked, as long as the background check for the owner, operator, director and each employee has been performed within 24 months. If such background checks are not current, no renewal shall issue until such background check is submitted. Sec. 18 -36. - Permit fee. The fee for an annual permit for a child care facility and for a before and after - school facility shall be as established in Appendix A. The director of finance may review the fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the U.S. Department of Commerce. Sec. 18 -37. - Display. The child care facility permit shall be conspicuously posted on an inside wall of the main facility and shall be continuously displayed in public view. Sec. 18 -38. - Nontransferable. No permit issued under this article shall be used for any purpose other than the intent for which it was issued nor be transferred or assigned to, or in any manner used by, any person other than the one to whom issued by the regulatory authority or as otherwise designated by the city manager. DIVISION 3, FACILITY REGULATIONS Sec. 18 -39. Safety and sanitation. (a) Operation of facility. The operator of the child care or before and after - school facility shall operate the facility in compliance with the provisions of this article and other applicable sections of this Code, and shall respond within the specified schedule of time when any deficiency or violation has been identified by the regulatory authority or his designee or as otherwise designated by the city manager. (b) In an emergency occurrence, such as any circumstance that renders all or part of the center unsafe or unsanitary for a child care or before and after- school facility (for example, but without limitation, flood, fire, water outage, lack of hot water (100 power outage, or sewage (backup), the person in charge shall immediately notify the regulatory authority. (c) Personnel records: (1) The child care or before and after - school facility personnel records must be available for inspection by the regulatory authority at all times. (2) Personnel shall have a record of a tuberculosis (TB) examination performed within ten (10) working days of employment. A record of a tuberculin test or chest X -ray examination with insignificant findings signed by a physician will comply with this standard. (3) All child care or before and after - school facility staff shall have current cardio- pulmonary resuscitation (CPR) for infants and children and first aid certifications on file and available for inspection. (4) When children are present, persons whose behavior or health status endangers the health, safety, and wellbeing of the children must not be allowed in the child care or before and after - school facility. Child care or before and after - school facility staff, employees and/or drivers, family members, visitors, parents, or other persons with symptoms of contagious disease, a physical or mental condition that would be harmful to the children, or who appears to be intoxicated must not be allowed in the facility while children are present. (b) The child care or before and after - school facility director shall cause a criminal history check to be performed by the State of Texas Regulatory Agency for the owner, the director and for each employee. Copies of said request(s) shall be available for review by the regulatory authority. Until charges are dropped, no person with a conviction or who is under indictment for, or is the subject of an official criminal complaint that has been accepted by a county or district attorney alleging violation of any of the crimes listed in the state of Texas regulatory authority agency's minimum standard rules for licensed child care or before and after - school facility may be present while children are in care, unless it is determined by the state of Texas regulatory authority agency that the person does not pose a risk to the children in care. The regulatory authority shall be notified of any indictments or complaints within twenty -four (24) hours of awareness or by the next workday. (d) Fire%mergency. (1) In case of danger from fire, the first responsibility shall be the evacuation of the children. (2) All child care or before and after - school facility shall have an annual fire inspection with a written report with the exception of child care centers or before and after - school facilities located in a public school building that the fire marshal has approved for public school use; however, a copy of the public school's fire inspection report must be available for review. Any corrections called for in the report shall be made. (3)The child care center shall have at least one (1) fire extinguisher approved by the fire marshal. The fire extinguisher shall be checked annually and serviced if required. These shall be located where readily available. (4)A fire evacuation, severe weather, and relocation plan shall be posted in each room used by the children in a child care or before and after - school facility and all staff members shall be instructed as to what to do in an emergency. Fire drills shall be held monthly and severe weather drills must be held quarterly at different times during the center's operation using these plans. (5) Fire drills at child care centers must be audited by the fire inspector at least once annually by the City of North Richland Hills Fire Department or as required and documentation of the audited fire drill must be kept on site. (e) Safety and Sanitation: (1) The child care or before and after - school facility's buildings, grounds, and equipment shall be cleaned, repaired, and maintained to protect the health and safety of the children. (2)There shall be adequate light, ventilation, and heating in the facility. (3) Drinking water shall always be available to children. It shall be supplied in a safe and sanitary manner. (4) The temperature of any hot water available to the children shall be controlled by a thermostat at a minimum of one hundred (100) degrees Fahrenheit but no higher than one hundred twenty (120) degrees Fahrenheit so it cannot scald. Before and after - school program care that is provided in all independent school districts shall be exempt from this requirement. (5) Trash, litter, and debris shall be kept in containers with tight lids away from children's areas and removed daily to an approved dumpster. (6) Pesticide application. A child care or before and after - school facility shall be treated for pests as needed by an individual licensed by the State of Texas regulatory agency to prevent, control, or eliminate pest infestations at the child care or before and after- school facility. (7). Electric fans, window air conditioners, and heaters shall be mounted out of children's reach or have safeguards that keep cMdren from being injured. (f) Emergency phone numbers. (1) In addition to the state of Texas regulatory authority emergency phone numbers, licensed child care or before and after - school facilities shall include the City of North Richland Hills Neighborhood Services Department number. (2) The telephone numbers of parents, any unique identification code or child tracking method, photographs of authorized persons that are able to pick children up, designated physicians, and staff members shall be in place accessible to the telephone and to all staff. (g) Food service: (1) Food service in child care facilities. A child care facility in which food is prepared for human consumption shall comply with the pertinent food service regulations in article IV of this chapter. Employees preparing food for children shall be required to obtain North Richland Hills food handler cards and one staff member must have a certified food manager certificate as specified in article IV of this chapter. (2) All other staff members that assist with food service and snacks must attend the child care class and obtain the child care card from the department of Neighborhood Services. (3) Child care center kitchens shall have a regular food service inspection at least twice annually with a written report. Child care kitchens that prepare food from a raw state shall have an increased number of food service inspections. (4) The child care center shall maintain the grease trap as required by law. The grease trap manifest or trip ticket shall be kept at the child care center and must be available for inspection. Grease traps must be pumped no fewer than twice annually or as often as required by law. (5) Food served at a child care facility that is not prepared onsite shall be from a source approved by the regulatory authority. A temperature log to record temperatures of food catered, received, or obtained outside of the child care facility is required to ensure food safety. (h) Use of facility and supervision: (1) During the regular hours of operation of a child care or before and after - school facility, there shall not be more children at the facility than the state license allows or children of ages not approved by the state of Texas Department of Family and Protective Services. (2) If programs not subject to regulation use the same premises, the child care center or before and after - school program shall not use any space at the same time another program is using that space. The child care center shall not have an interrupted food schedule if a common kitchen is used. (i) Enrollment, records: (1) The child care or before and after - school facility's enrollment records shall be accessible to the staff and available for inspection by the regulatory authority at all times. (2) An enrollment agreement shall be obtained for each child prior to admission, filed at the child care or before and after- school facility, and the director shall be responsible for assuring that the terms of the agreement related to items a. —g. below are met. The agreement signed by the parents shall contain: a. Hours the child shall be in care. (Not to exceed twelve (12) hours except in an emergency.) b. Notarized emergency medical authorization. c. Any unique security code or child tracking method d. A statement that the child will be released only to a parent or a person named by the parent. e. In any instance when the persons listed above cannot pick up the child, the procedures described herein shall be followed. 1. The parent or guardian shall) phone the child care or before and after - school facility, shall identify themselves by using any unique identification code, and shall designate who will pick the child up. The director or staff member shall check the child's enrollment record to verify the code. 2. The person who picks up the child must identify themselves as follows: (i) Shall present photo identification. (ii) Shall present the parent's unique security code or child tracking method (iii) The unlisted person shall sign child out. (iv)The director or staff member shall copy the valid driver's License or photograph the person before they leave the chiild care or before and after - school program facility. The center must provide an operational camera to take necessary photographs. f. The procedure to release children to unlisted persons as required by the City of North Richland Hills shall be posted so that it is readily accessible to all staff. g. In the event that a child is found to be missing from a facility, the operator of the facility shall report such fact to the North Richland Hills Police Department and the City of North Richland Hills regulatory authority immediately. (3) School -age children who leave the child -care center to go to classes and clubs shall have written permission from the parents. Parents shall specify the activity, time, and method of transportation. (4). Photographs of the parents and other persons authorized to pick up the child shall be kept by the child care or before and after - school program facility. (5). It shall be the responsibility of the parent who is granted custody of the child to provide the child care or before and after - school program facility with a copy of any custody decree or agreement should they request that the release authorization record be changed. 0) Infant and preschooler care: (1) Refrigeration used for storing infant formulas and milk in the infant/toddler rooms shall be commercial grade. Child care centers that are presently using residential type refrigeration must upgrade to commercial refrigeration when the unit fails or if there is a change of ownership. (2) Caregivers shall use disposable, nonporous gloves when changing diapers, handling blood, vomit, or other bodily fluids that may contain blood and discard the gloves immediately after one (1) use. Staff hands shall be washed before and after each diaper change. (3) Child care centers shall provide additional supplies (i.e., diapers, wipes, clothing) in case of emergencies for proper care of children. (k) Evening and night care: (1) A child care center offering evening or night care shall comply with any applicable fire and safety requirements for this type of care. (2) Children staying the night shall have the opportunity to bathe. When bathtubs or showers are used, preschool -age children shall be supervised. Privacy shall be ensured for school -age children. Tubs or showers shall be cleaned after each use. Children shall be provided fresh washcloths and towels. (3) Sleeping equipment shall be appropriate to the age and size of each child. Each child in evening or night care shall be provided a bed or cot with clean linens, a mattress or pad, and a pillow with a washable protective covering. (1) Transportation: (1) Any vehicle that is used to transport children shall have current automotive liability insurance and a current inspection and registration sticker. Each driver of a vehicle used to transport children must have a valid driver's license. (2) All vehicles shall have a complete first aid kit, a properly charged and accessible fire extinguisher, notarized emergency medical authorizations, and a list of children being transported. DIVISION 4: INSPECTIONS. Sec. 18 -40. (a) Right of entry; inspection (1) The regulatory authority shall cause the child care or before and after - school program facility to be inspected not less than semiannually to ensure that the facilities, grounds and equipment are maintained in compliance with this article and in a safe and sanitary condition for the welfare of the occupants and patrons of the child care or before and after - school program facility and in compliance with the standards established by this Article. The regulatory authority shall have the right to enter the premises of any permitted facility or any facility for which a permit has been suspended to determine whether the operator is complying with all requirements of this ordinance or order issued hereunder. Operators shall allow inspecting personnel immediate access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. (2)The regulatory authority shall cause reports of inspections to be kept on file in the department of neighborhood services and issued to the child care or before and after - school program facility along with appropriate directives to resolve deficiencies observed in the inspections. The regulatory authority shall have the authority to enforce the provisions of this article and to issue citations for violation of any of the requirements of this Article. The regulatory authority may require re- inspection of premises and impose payment of re- inspection fees after any inspection finds deficiencies or violations. (3) Where an operator has security measures in force which require proper identification and clearance before entry into its premises, the operator shall make necessary arrangements so that upon presentation of suitable identification, the regulatory authority will be permitted to enter without delay for the purposes of inspecting the premises or the operation of the facility. (4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected shall be promptly removed by the operator at the written or verbal request of the regulatory authority and shall not be replaced. The costs of clearing such access shall be borne by the ;permit holder. (5) Unreasonable delays in allowing the regulatory authority access to the operator's premises shall be a violation of this ordinance. (6) Refusal of entry Refusal of entry of the regulatory authority shall constitute grounds for suspension or revocation of a permit to operate under this Article. QLVA[A1017 E7■4k , IMQ:ls] 4d,l *►II Sec. 18 -41 Suspension and revocation. (a) Powers of the regulatory authority. (1) The regulatory authority shall have the authority to regularly inspect or visit all child care and before and after - school programs embraced within the provisions of this article, whether permitted or unpermitted, at any and all times necessary to ascertain if child care or before and after - school program operations are being conducted in conformity with this article or if any conditions exist therein which require correction. (2) The regulatory authority shall have the authority to give written notice, on the premises, to the operators of permitted or unpermitted child care centers and before and after - school programs, pertaining to violation of and/or requirement to comply with the provisions of this article. (3) If unpermitted child care centers or before and after - school programs are found in operation, the regulatory authority shall have the authority to give written notice to the operator of said facility to cease child caring immediately. (b) Authority to suspend permit — Written notice required (1) The regulatory authority shall have the authority after giving written notice to suspend any permit if it is determined that violations of immediate danger regarding construction of facility or on- premises buildings, toilet centers, sanitation; food preparation; storage and handling of chemicals or any harmful solution; lack of proper supervision; child neglect; staff /caregivers criminal history; potential for injury or death; infectious diseases; hazards with outdoor play areas; vehicles used to transport children; failure to pay required fees; and failure to comply with all fire, zoning, building, and health codes, at the child care or before and after - school program care facility. (2) The regulatory authority, in writing delivered to the address of the permit holder or by certified or registered mail, shall call to the attention of the permit holder the particulars and areas in which he/she or the child care or before and after- school program failed to comply with the provisions of this article, and shall specify a reasonable time, not to exceed thirty (30) days, for the permit holder to remedy said failure. (3) If the permit holder fails to comply with the provisions of this article within the time specified, said director shall give notice in writing to the operator, permit holder, manager, or other person(s) in control of said child care or before and after - school program that the permit issued for the operation of said child care or before and after- school program is revoked. (4) Suspension of the permit shall require the operator to cease all activities immediately and to bring the child care or before and after - school program facility into compliance with directives from the regulatory authority within a prescribed time period. Failure to rectify designated problems at the child care or before and after - school program facility shall lead to revocation of the permit. (c) Authority to revoke permit — Written notice required The regulatory authority may revoke a permit if the regulatory authority has reasonable cause to believe that: (1) Entry of the regulatory authority into a permitted facility has been denied or delayed. (2) A statement of fact contained in the application was false or materially misleading; (3) The permit holder has fails to comply with the requirements of (b)(2) hereof, (4) The permit holder has caused, suffered or permitted the commission of an aggravated violation of any provision of this article; or (5) The permit holder, the director, or a person in charge employed by the permit holder has repeatedly failed to comply with any provision of this article. The regulatory authority shall provide notice of the revocation by personal service or by certified or registered mail, sent to the address provided on the permit holder's application. (d) Appeal — Notice required (1) The notice of revocation or denial of a permit shall become a final revocation after the expiration of ten (10) days from the date of service upon the permit holder, operator, manager, or other person in charge of the child care or before and after- school program facility in question, unless on or before the expiration of ten (10) calendar days the permit holder shall file with the regulatory authority a written appeal signed by such permit holder addressed to the city manager setting out the basis for such appeal and in which it is requested that the city manager grant a hearing upon the questions of whether or not the permit shall be revoked. (2) Such appeal, if made and filed as prescribed in this section, shall not create any right to continue operation unless granted by the city manager until such hearing and adjudication. (3) The hearing shall be held after the date of filing of such appeal. The action and judgment of the city manager, after hearing all the evidence and facts, shall determine whether such revocation shall be final and shall notify the permit holder in writing by mail or by delivery to the permit holder of such determination. (4) The action of the city manager may be appealed to a district court if suit is filed within twenty days after the notice to the permit holder is delivered or mailed. Such appeal shall be based on a substantial evidence review. (d) Reissuance of revoked permit A permit that has been revoked shall not be reissued. Section 18 -42 Search warrant. If the regulatory authority has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or to protect the overall public health, safety and welfare of the community, then the regulatory authority may seek issuance of a search warrant from the appropriate court. Section 18 -43 Penalty for violations; other remedies. (a) Any person, firm, or corporation who violates any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in the Code of Ordinances of the City of North Richland Hills, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. (b) Any person, firm, or corporation who obstructs, impedes, or interferes with a representative of the city, with a representative of a city department, or with surveillance or video or audio recording equipment utilized by the regulatory authority is guilty of a misdemeanor and upon conviction is punishable by a fine as provided in the Code of Ordinances of the City of North Richland Hills, or any amendment thereto or renumbering thereof, for violations of public health for each act of violation and for each day of violation. (c) In addition to proceeding under authority of subsections (a) and (b) of this section, the city is entitled to pursue all criminal and civil remedies to which it is entitled under authority of statutes or other ordinances against a person, firm, or corporation that remains in violation of this article. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council (Meeting Date: 7 -11 -2011 Agenda No. A.4 Subject: Discuss Possible Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations" (10 Minutes) Staff is seeking council input and consensus on proposed amendments to section 118- 727 of the zoning ordinance regarding customary home occupations by restricting home occupations to primary residences, limiting outside appearances and new listing of included and not included home occupations. Staff Summary: Staff has undertaken efforts to review the regulations for customary home occupations that would typically be allowed out of the home. Staff has refined these regulations to require primary residence for conducting home occupations and clarified what would be allowed and what would not be allowed for home occupations. A new paragraph has been added regarding phvsical armearance and visible evidence that includes restrictions on visual or audible interference, restricts additional solid waste, restricts outdoor assembly and restricts storage of business supplies. A new paragraph on traffic and r)arkina has been included that restricts on- street and off- street parking to the drive way and curb immediately adjacent to the premises as well as the total number of vehicles allowed for home based businesses. New clarifications have been added to the home uses: allowing telecommuting and professional consultants rendering services in a home office but have personal contacts off -site. Hours of operation have also been included for private tutoring. Land uses not allowed were also added to these regulations including restrictions on contractor's offices, electronics repair, lending agencies, health and social and psychological counseling. The Planning & Zoning Commission reviewed the proposed customary home occupations changes on June 2 and had questions regarding parking and outdoor assembly for home occupations. One issue that was brought up included the new craze in personal training including neighborhood boot camps where several individuals perform calisthenics in the neighborhoods, open spaces and parks. Staff did research on this topic and found that any personal boot camp training in city parks would have to be sanctioned and a part of the parks and recreation department programming. If neighbors got together on their own and conducted boot camp training without a hired instructor there would be no restrictions and therefore allowed. However, to restrict the use of paid personal training instructors as a home business, staff has added a sentence in the proposed regulations as follows. "No outdoor assembly of emolovees, clients or eauinment at home residences." This regulation would restrict any paid personal training instructor for a group boot camp to be limited to appropriate commercial zoned areas or be limited to formal city recreational programs for public parks and open space uses. Please see attached draft ordinance and recommended land use changes. All areas highlighted in `red" are new to the customary home occupation regulations. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, June 16, 2011 and recommended unanimous approval of proposed Ordinance No. 3146. (PROPOSED) ORDINANCE NO. 3146 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118 -127 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; RESTRICTING HOME OCCUPATIONS TO PRIMARY RESIDENCES; LIMITING OUTSIDE APPEARANCES; LISTING INCLUDED AND NOT INCLUDED OCCUPATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly head; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That the comprehensive zoning ordinance and Section 118 -727 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 118 -727. - Customary home occupations. Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property or offensive for reasons of odor or noise, providing that all such uses are located in the dwelling, that the home is the primary residence of the persons operating such business, and that no persons that are not residents and members of the family residing in such premises are employed, and no signs advertising such home occupation are displayed. "Primary residence" shall be deemed to mean a residence where the residents sleep a majority of the time. Phvsical Appearance and Visible Evidence: There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. No production of additional solid waste considered typical for single family uses. No outdoor assembly of employees, clients or equipment at home residences. All storage of supplies and business materials for home based businesses shall not be allowed in accessory or detached structures and shall be limited to the living portion of a house or its attached garage. Traffic and Parkina: This use must not increase normal automobile vehicle traffic in the neighborhood and not require additional on- street or off - street parking in order to conduct business. Parking of vehicles for customers of allowed home occupations shall be limited to the driveway of such premises or along the curb immediately adjacent to such premises. No employee parking allowed. More than 2 vehicles per hour or more than 10 total vehicles per day shall be assumed to be excessive. Incidental to Residential Livina: This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conducting of a retail business, except as provided in (1)f. below. (1) Customary home occupation may include, but are not limited to: a. The office of an accountant, bookkeeper, architect, lawyer, engineer or professional consultant who renders services in a home office over the telephone and online and has personal contacts with customers off -site; b. Musician, artist, private tutoring or any allowed home based business with on -site customers limited to the hours of 8:00 a.m. to 8:00 p.m.; C. Telecommuting. (The practice of working from home for a business and communicating through the use of a personal computer equipped with modem and communications software.); d. The care of not more than four children not related by blood, marriage or adoption; provided that a registered family home or a group day care home registered with the appropriate agency authorized by the state to license family homes may care for not more than 12 children; e. Dressmaker; f. Limited direct sales of household cleaning products, cosmetics, vitamins, and jewelry by hosting an in -home social gathering. (2) Customary home occupations shall not include the following: a. Barbershops, beauty shops, hairdressers, catering; b. Carpenter shop, electrical shop, plumbing shops, HVAC or mechanical repair, contractor's offices; C. Radio and/or TV shops, electronics repair, computer repair; d. Real estate sales office, insurance office; e. Auto repairing, furniture repairing or similar uses. f. Banks or lending agencies; g. Physicians, dentists, optometrists, social or psychological counseling, massage therapist, chiropractic offices or other uses of a similar nature and character." SECTION 2. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. ►:1►1 N119 E-'1E- -L+Ie7 017-Al I `14 0 PASSED AND APPROVED on this 11th day of July, 2011. I:3 F- A00 *16 Patricia Hutson, City Secretary A► Is] A 0:1 N [@]:1 W_1►1 N1:I I I - Oscar Trevino, Mayor ►- 1>>: T6]► 1= IDWA1 .1111IC9l ;191Nt51,1►19l11 xC7 :141cis George A. Staples, City Attorney ►_1 »:161►1 =1 Byllt:'t COI+167 ►10 =1 ►16 John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE JUNE 16, 2011 PLANNING AND ZONING COMMISSION MEETING TR 2011 -02 Public Hearing and Consideration of Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations ". Chairman Shiflet opened the Public Hearing on TR 2011 -02 and asked Staff to present the case. Dave Pendley came forward stating case TR 2011 -02 is a zoning ordinance amendment. It was a Staff initiated modification due to previous issues where we had confusion with what was allowed as a home occupation. Many of you know the case that involved the proposal a citizen who bought a house and indicated they were living in it, remodeled it for their home businesses and later we found out it was not their home. City Staff and P &Z got together and made some recommended changes to help clarify some of the issues that would prevent this type of situation from occurring again. Also to help Staff pin point what was actually considered a home occupation and what was not. Dave Pendley said one of the issues brought up during the course of this study was the question where or not the boot camp style training being ran out of a house could be allowed as a 'home occupation. After some research we have determined that probably was not the best use because it also allowed people to assemble. Just like we don't allow contractors to bring their workers in to a residential area to congregate then leave in a truck or two, we don't this type of activity to occur as someone's residence early in the morning hours. The (proposal to the ordinance was to add some language that "no outdoor assembly of employees, clients or equipment could occur at a house used as a home occupation." We also added some paragraphs that helped to determine that the physical appearance and visible evidence could not be shown from the street or front. In other words, to conduct a home occupation, your (house basically had to resemble or keep looking like a house, no modifications could be made that were visible or gave the appearance of advertising. We also made some corrections in the list of what was allowed for home occupations which say "to include or not limited to work hours 8:00 a.m. to 8:00 p.m., telecommuting was added whereas you can do business by telephone, computer, etc. In addition we added where you can do (businesses like Tupperware sales, jewelry sales if it is done like a social gathering. Contractor's offices are not allowed to be a home occupation. Physicians, dentists, optometrist and psychologist are not allowed to have their counseling offices as home offices are not allowed. Chairman Shiflet asked about parking of vehicles for customers of allowed home occupations and if adding customers or employees could be added. Dave Pendley said yes, we could do that but in the language the only employees that could be employees are your family members. If you have a home occupation you cannot hire an outside employee. By adding that text it might confuse the issue giving the indication that they can do that. There was a general discussion about this issue and how Staff could word it correctly. 0:1 =191 1 WIlf Steven Cooper motioned to approve TR 2011 -02 as proposed, seconded by Mike Benton. The motion carried unanimously (7 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 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: 7 -11 -2011 Presented by: Agenda No. B.1 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attorney regarding Pending Litigation - 1) State of Texas v. City of North Richland Hills (No. 2011- 002840 -1); and 2) State of Texas v. City of North Richland Hills (No. 2011- 000402 -1) CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Agenda No. B.2 Subject: Executive Session: Pursuant to Section 551.071, Texas Government Code, to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a 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 Chapter 551 of the Texas Government Code. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7 -11 -2011 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, July 11, 2011 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Lombard A.2 Pledoe - Councilman Lombard A.3 Special Presentation(s) and Recoanition(s) No items for this category. 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 June 13, 2011 Citv Council Work Session B.2 Approval of Minutes of June 27, 2011 Citv Council Meetinq C.0 PUBLIC HEARINGS C.1 ZC 2009 -08 Public Hearing and Consideration of a Request from Gene Schav for a Zonina Chanae from "R -1 -S" Special Sinale Familv to "R -2" Sinale Family on a portion of Lot 3R, Block 14, Glenann Addition (located at 8620 Martin Drive - 0.532 acres.) C.2 RP 2009 -05 Public Hearina and Consideration of a Reauest from Gene Schav for a Re -plat of Lot 3R, Block 14, Glenann Addition into Lots 3R1 and 3R2, Block 14, Glenann Addition (located at 8620 Martin Drive - 1.960 acres.) C.3 TR 2011 -02 Public Hearina and Consideration of Amendments to Section 118- 727 of the North Richland Hills Code of Ordinances "Customary Home Occupations" . D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. : KIM I 11:3 4 Ed a ► t► [e] : V .� E.1 PW 2011 -011 Award a Professional Services Aareement in the amount of $60,000 to Teaaue, Nall and Perkins for the GPS Monument Update Phase II Proiect. E.2 PW 2011 -012 Approve the 2011 Preventive Street Maintenance Proaram zl�e7A►1:1:7_]011:1►TA [• F.1 GN 2011 -049 Appointments to Boards & Commissions F.2 GN 2011 -050 Appointments to the Animal Adoption and Rescue Center Committee- Places 1, 2 and 3 F.3 GN 2011 -051 Appointment of Board Deleaate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2 F.4 GN 2011 -052 Appointments to Red Liaht Camera Advisory Committee F.5 GN 2011 -053 Appointments to Construction Code of Appeals F.6 GN 2011 -054 BJA Justice Assistance Grant Proaram Local Award - Resolution No. 2011 -026 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aqenda :KIM1017e]V&FTAIII N]�I_1►1�►1V:I go] Ci H.1 Announcements - Mavor Pro Tem Barth H.2 Adiournment NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Mayor Oscar Trevino Agenda No. A.0 Subject: Call to Order - Mayor Trevino NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Councilman Tom Lombard Agenda No. A.1 Subject: Invocation - Councilman Lombard NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Councilman Tom Lombard Agenda No. A.2 Subject: Pledge - Councilman Lombard CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognition(s) Council (Meeting Date: 7 -11 -2011 Agenda No. A.3 No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -11 -2011 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 Councill of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 7 -11 -2011 Agenda No. A.5 Subject: Removal of Item(s) from Consent Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Agenda No. B.1 Subject: Approval of Minutes of June 13, 2011 City Council Work Session Recommendation: To approve the minutes of the June 13, 2011 City Council work session. MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE NORTH RICHLAND HILLS CITY COUNCIL WORKROOM, 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS, JUNE 13, 2011 — 4:30 P.M. 1. CALL TO ORDER Mayor Trevino called the work session to order at 4:33 p.m. Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Tom Lombard David Whitson Tim Welch Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Vickie Loftice Mike Curtis Patricia Hutson Monica Solko George Staples Dana Alden Larry Koonce Mark Mills Patrick Hillis Craig Hulse Andy Jones Mike Hamlin Kristin Weegar Jennipher Castellanos Shirley Hoover Absent: Scott Turnage Mayor Mayor Pro Tern, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Assistant to City Manager Director of Finance Budget Director Human Resources Director Economic Development Director Fire Chief Assistant Police Chief Sr. Mgmt. Asst. Development Services Budget Analyst Internal Auditor /Financial Analyst Council Place 6 2. DISCUSS ANNUAL BUDGET AND PLAN OF MUNICIPAL SERVICES FOR FY 2010 -2011 AND DISCUSS PLANNING AND PROGRAM OF SERVICES FOR FISCAL YEAR 2011 -2012 Mr. Mark Hindman, City Manager, made introductory comments and gave an overview of key issues influencing the 2011 -12 budget. Council was advised that from two years ago there had been some improvement in sales tax, a modest decrease in property taxes for the second year, improvement in fines, development related fees and a few other revenue sources. Revenues overall are projected to be about even with the 2010- 2011 budget. Other factors highlighted included staffing costs and frozen positions, utilization of reserves in budget, delays in building facility maintenance and equipment replacement, the need to maintain infrastructure including facilities, streets, equipment, human and community infrastructure. Over the next year, Staff plans to reevaluate user fees from a market perspective and from a cost recovery basis to determine if the City is on target with the market. The final budget presented to Council will be presented as a balanced budget with the same tax rate presented for the last eighteen years. A PowerPoint presentation was presented by Staff. Mr. Craig Hulse, director of Economic Development, presented an overview of the local economic outlook and economic trends. Mr. Mark Mills, Director of Budget, presented an overview of the 2010 -2011 Revised vs. 2010 -2011 Adopted Budget comparing revenue and expenditure projections. Mr. Larry Koonce, Director of Finance, discussed the preliminary tax roll released in May and the assumptions used to prepare the 2011 -2012 proposed budget. Mr. Mills highlighted the 2011 -2012 preliminary budget and compared it to the 2010- 2011 adopted budget. He discussed preliminary budget submissions and advised preliminary expenditures and revenues were down. Mr. Mills reviewed the history of net taxable values and sales tax receipts. The preliminary budget projects a decrease in tax revenues, charges for service, miscellaneous revenues and appropriation of fund balance with an increase in revenue projected from fines & forfeitures, licenses and permits and intergovernmental. Overview of Preliminary Revenues and Expenditures to Adopted Budget FY 2012 FY 2011. General Fund Preliminary Adopted Difference Revenues $36,986,458 $37,189,172 ($202,714) Fund Balance 0 $464,500 ($464,500) Total Resources $36,986,20458 $37,653,672 ($667,214) (Expenditures $36,977,774 $37,422,618 ($444,844) Reserve & Other $300,000 $231,054 $68,946 (Total Commitment $37,277,774 $37,653,672 ($375,898) 1 (Balance ($291,316) $0 ($291,316) The preliminary budget is not balanced but will be (brought into balance by Management as further review of services is completed. During the 2011 Strategic and Goals Work Session, Council requested Staff to prepare a Five Year Financial Forecast to assist with preparation of future budgets. Mr. Hindman presented to Council a draft five year financial forecast for the general fund, park development fund, crime control and district fund, utility fund and a utility improvements long range plan. Council was advised the plan was only a draft and Staff felt further refinement was needed after the 2011 -2012 proposed budget had been completed. Council was supportive of being provided with a long range plan at this time and concurred that the venue to receive and review the plan was during their goals work sessions. They further concurred that the plan should not be presented as part of the annual budget. Staff presented Council with information on the following current issues: • Utility Rates resulting from Rate Study - Mr. Koonce reviewed with Council the results of water and wastewater service study and rate design originally presented to Council by Reed Municipal Services at a Council work session in February. Council was provided a recap of the recommended water and wastewater rates and structure changes. Council gave Staff consensus in February to go forward with the changes. Council was advised the changes are being incorporated into the FY 2011 -12 proposed budget and after budget deliberations, Council will consider an ordinance to adopt the rate changes with the 3 -year rates going into effect the Fall of 2011 when customer usage is low. • Workers' Compensation Costs - Mr. Patrick Hillis, Director of Human Resources, advised of an increase in workers' compensation costs. Last fiscal year the City experienced an out of the ordinary increase in the number of serious workers' compensation claims which has negatively impacted the current budget. The increase can be attributed to 8 large claims having a total cost of $494,131 with the largest claim totaling around $157,000. The negative impact to the budget required a mid -year increase to the workers compensation budget of about $250,000. Council was advised four of the claims have closed and on the four remaining claims little medical expense is expected. • Health Insurance — Mr. Hillis advised that after two consecutive years of exceeding the health insurance budget, the City's health plan is performing well and year -to -date medical expenditures are under budget. Through April 2011 the plan has seen a significant reduction in the number of claims losses that impacted the budget the previous two years. In addition, plan design changes put in place in 2011 as well as an overall stabilization of medical and prescription trend have helped to keep the City's insurance expenses under control. Staff is not aware of any significant medical claims and anticipates finishing the current fiscal year under budget. Mr. Hillis explained why the City's health insurance costs have declined and advised that based on the city's medical claims experience, next fiscal year a 3% overall cost increase is projected. An increase to co -pays, deductibles or out -of- pocket maximums for Plan Year 2012 is not anticipated. • Employee Compensation — Mr. Hillis advised that due to economic considerations, funds were not available in FY 2010 -2011 for the City's Merit Pay Program or for adjusting the City's pay ranges. Funds were allocated for the City's Attendance and Stability Benefit programs. The City's Attendance Benefit recognizes employees who use less than a week of sick leave with an annual incentive of up to $300 as a lump sum. The Stability Benefit is provided to all full - time employees in December of each year who have completed a minimum of three years of continuous service. For FY 2010 -2011 only, the Council also approved a lump sump payment of $150 to all employees with less than three years of service. With the continuing decline to the City's revenues, the Merit Pay Program was suspended for FY 2010 -2011. For FY 2011 -2012 Staff will explore the possibility of reinstating the Merit Pay Program and will also consider alternatives to the normal annual merit increase. Staff's recommendation regarding the continuation of the Merit Pay Program will be presented to Council at the August budget work session. Last year's compensation survey showed that the slowing economy also slowed the salary growth of the market comparison cities. With the slight improvement to the local economy, it is anticipated that the City's market comparison cities will be increasing their pay ranges next fiscal year. Staff will be allocating funds for adjusting employee pay ranges in FY 2011 -2012. Staff will be presenting the findings of the City's annual benchmark survey to Council at the August work session as well as a proposed pay range adjustment plan. • Regional Consolidation of Detention and Dispatch Operations — Chief Jimmy Perdue, Director of Public Safety, discussed with Council the opportunity to combine communications and jail operations with the City's contiguous cities. Staff has been discussing this opportunity with Council for several years. A successful example of this model can be found in the cities of Keller, Southlake and Colleyville (Keller Model). The North Richland Hills model will follow the Keller model and proposes to consolidate detention and public safety dispatch operations in one location for the cities of NRH, Haltom City, Richland Hills and Watauga. Over the next couple of months, presentations will be made to the city councils of Richland Hills, Watauga and Haltom City with a goal of having an agreement in place by October 1. Chief Perdue explained that by combining employees into one location, there would be a significant reduction in employee costs as well as better service being provided to the participating communities. The total combined costs for all operations will be split among the four cities based on workload relative to the particular job. NRH will be responsible for approximately 54% of the dispatch center expenses and will fund approximately 50% of the detention center costs. The balance will be spread among the other three cities based on their work load. Chief Perdue explained the initial start up costs and advised of the first year savings and savings thereafter. Most of the start-up costs can be funded by the anticipated cost savings. Chief Perdue also advised the City has been notified by the vendor for the City's Computer Aided Dispatch (CAD) system that the program has reached its end of life support. A replacement system would cost $2 million. Staff has identified replacement software that will result in a 49% annual savings for maintenance while meeting the needs of the four cities. The vendor for the software will charge an annual maintenance fee. North Richland Hills anticipates a $165,000 cost savings the first year and a $400,000 cost savings for years two and three. Council reconfirmed their support of the consolidation of services. Mr. Mills reviewed with Council the Budget Calendar. 3. ADJOURNMENT Mayor Trevino adjourned the work session at 6:00 p.m. ATTEST: I,i,,:0ilTl: 111 Oscar Trevino — Mayor Patricia Hutson — City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Agenda No. B.2 Subject: Approval of Minutes of June 27, 2011 City Council Meeting Recommendation: To approve the minutes of the June 27, 2011 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 — JUNE 27, 2011 l'lVel 1 1"1&1 ** IQ k" The City Council of the City of North Richland Hills, Texas met in work session on the 27 day of June 2011 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present Staff Members Oscar Trevino Mayor Tim Barth Mayor Pro Tern, Council, Place 4 Tito Rodriguez Council, Place 1 Ken Sapp Council, Place 2 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager (present at 5:49 p.m.) Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Dana Alden Assistant to City Manager Mary Peters Public Information Officer John Pitstick Director of Planning & Development Larry Koonce Finance Director JoAnn Stout Neighborhood Services Director Debbie York Neighborhood Services Manager Kristin Weegar Sr. Mgt. Asst. Development Services Sharon Davis Parks and Recreation Assistant Director Tina Earle Parks and Recreation Marketing Coordinator Adrien Pekurney Recreation Center Manager Jamie Brockway Purchasing Manager Dave Pendley Building Official Gregory VanNieuwenhuize Assistant Public Works Director Craig Hulse Economic Development Director Alan Knapp Public Works Superintendent/Utility Absent: Tom Lombard Council, Place 3 David Whitson Council, Place 5 Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.1 Discuss Items from Reaular Citv Council Meetina There were no questions. A.2 Consideration of Name Options and Recommendations for Internal Spaces Located within the NRH Centre Councilman Turnage, Naming Board Chair and Vickie Loftice, Parks and Recreation Director, presented the logo for the NRH Centre. Councilman Turnage advised policy did not require Council action to name the internal rooms within the facility. The Naming Committee is recommending for Council's consideration a couple of name options for the internal spaces located within the NRH Centre. Spaces & recommendations to consider for namina desianation include: • Main Banquet/Events Space — Grand Hall or Grand Ballroom • Second Floor Terrace — The Terrace • Center for People 55 Years of Age and Above — Senior Center or NRH Senior Center Councilman Turnage advised the Naming Board was not recommending any of the internal spaces be named after individuals at this time to leave an opportunity for future namings. After a brief discussion, the consensus was to name the main banquet/event space "The Grand Hall "; the second floor terrace "The Terrace" and the center for people 55 years of age and above "Senior Center ". A.3 Discussion of Proposed Pricina for the NRH Centre Vickie Loftice, Parks and Recreation Director, presented a PowerPoint presentation showing the proposed pricing for the NRH Centre. The NRH Centre is currently under construction and is expected to open in April 2012. The City Council has communicated the expectation to recapture a significant percentage of operational costs at the new recreation center (NRH Centre). Pricing recommendations for NRH Centre included annual passes, drop -in passes and rates for the banquet space rental. Council concurred with the pricing philosophy and Staffs recommendations for the proposed pricing with the exception of the non - resident rate for drop -in. The non- resident rate was changed to $10. Council also concurred with giving Staff flexibility to 'be responsive to pricing trends and user patterns by allowing Staff to be flexible with special pricing and promotional campaigns. A.4 Neiahborhood Initiative Proaram Volunteer Raffle Dana Alden, Assistant to the City 'Manager, presented the item. On June 4 th and June 5 th Neighborhood Services held its second "Fix -It Blitz." There were eight projects completed with a total of 76 volunteers comprised of city employees and CERT volunteers. As a "thank you" from city management, those who volunteered for 4 or more hours had the opportunity to put their name in a raffle for a $100 gift card to Home Depot and $100 gift card to Wal -Mart. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, Texas Government Code for Consultation with Attornev reaardina Pendina or Threatened Litiaation or a Settlement Offer — 1) United States ex rel. Moore v. Citv of Addison, et al. (No.3:10-cv- 0233 -0): 2) Graham Associates vs. Citv of 'North Richland Hills (No. 153 - 245913 -10): 3) State of Texas v. Citv of North Richland Hills (No. 2011 - 002840 -1): and 4) State of Texas v. Citv of North Richland Hills fNo. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real r)ror)ertv - south sector of City Mayor Trevino announced at 6:15 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to Section 551.071 for consultation with attorney to seek advice about pending or threatened litigation or a settlement offer 1) United States ex rel. 'Moore v. City of Addison, et al. (No.3:10 -cv- 0233 -0); 2) Graham Associates vs. City of North Richland Hills (No. 153- 245913 -10); 3) State of Texas v. City of North Richland Hills (No. 2011- 002840 -1); and 4) State of Texas v. City of North Richland Hills (No. 2011- 000462 -1) and pursuant to Section 551.072 to deliberate the purchase, exchange, lease or value of real property located in the south sector of City. C.0 Adiournment Mayor Trevino announced at 6:57 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING AA CALL TO ORDER Mayor Trevino called the meeting to order June 27, 2011 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Barth Tito Rodriguez Ken Sapp Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 0 Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Absent: Tom Lombard David Whitson City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney Council, Place 3 Council, Place 5 A.1 INVOCATION Mayor Pro Tem Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Mayor Pro Tem Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) — PROCLAMATION FOR NATIONAL RECREATION AND PARKS MONTH PRESENTED BY COUNCILMAN RODRIGUEZ Councilman Rodriguez presented a Proclamation for National Parks and Recreation Month to Vickie Loftice, Director of Parks and Recreation. A.4 CITIZENS PRESENTATION ►Cm A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ►Cm B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF JUNE 13, 2411 CITY COUNCIL MEETING B.2 PU 2011 -024 AUTHORIZE INTER -LOCAL PURCHASING AGREEMENT WITH THE JOHNSON COUNTY EMERGENCY SERVICE DISTRICT 1 B.3 PU 2411 -425 AUTHORIZE AN INTER -LOCAL PURCHASING AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (NATIONAL IPA) B.4 PU 2011 -026 RENEW CONTRACT FOR RIGHTS -OF -WAY MOWING SERVICES WITH SIGNATURE CONTRACTING SERVICES LLC B.5 PU 2011 -028 RENEW SECTION "B" OF BID NO. 09 -027 FOR WATER & WASTEWATER REPAIR MATERIALS TO ATLAS UTILITY SUPPLY IN THE AMOUNT NOT TO EXCEED $450,000 COUNCILMAN SAPP MOVED TD APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT No items for this category. E.0 PUBLIC WORKS EA PU 2011 -027 AUTHORIZING THE PURCHASE OF RHYTHM ENGINEERING ADAPTIVE TRAFFIC SIGNAL CONTROL EQUIPMENT IN THE AMOUNT OF $483,000 FOR CIP PROJECT ST1004 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. This item is to request the authorization to purchase traffic signal equipment to operate the Adaptive Traffic Signal Control System that will be installed at signalized intersections along Rufe Snow Drive (Meadow Lakes Drive to Starnes Road), Mid - Cities Boulevard (Holiday Lane to Home Depot/Birdville Fine Arts Complex), and Holiday Lane and Dick Lewis Drive. This project is designed to operate traffic signal lights in a real -time environment by being responsive to the changing traffic flow and demand. The real time operation will optimize the signal timing plans, which will reduce stops, travel time, delay and fuel consumption for motorists traveling along these corridors. The equipment will be purchased via an interlocal agreement with the City of Fort Worth Contract Bid No. 10- 0421. A grant through the American Recover and Reinvestment Act (ARRA) for $362,500 to fund a portion of the equipment costs for this project. The remaining balance of the project ($120,500) represents the city's required local match. All the equipment will, be installed by city staff. COUNCILMAN WELCH MOVED To APPROVE PU 2011 -027, AUTHORIZING THE PURCHASE OF RHYTHM ENGINEERING ADAPTIVE TRAFFIC SIGNAL CONTROL EQUIPMENT IN THE AMOUNT OF $483,000. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.0 GENERAL ITEMS F.1 GN 2011-048 APPOINTMENT TO LIBRARY BOARD - PLACE 2 APPROVED Councilman Sapp presented the item. The Library Board has a vacancy in the Place 2 position. Councilman Sapp is requesting Council approval for the appointment of Karen Alexander to the position. COUNCILMAN SAPP MOVED TO APPOINT KAREN ALEXANDER TO THE LIBRARY BOARD, PLACE 2. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA B.1 CONSULTATION WITH ATTORNEY REGARDING PENDING LITIGATION OR A SETTLEMENT OFFER - 1) UNITED STATES EX REL. MOORE V. CITY OF ADDISON, ET AL. (NO.3:10 -CV- 0233 -0) APPROVED George Staples, City Attorney, presented the item. The US government has multiple on- -going litigation cases with a number of cities involving billing errors for Medicare and Medicaid ambulance service. For several years, the City of NRH used Southwest General Services as a contractor for ambulance billing. Southwest General Services did not bill according to federal regulations. The City of NRH terminated the contract with Southwest General in 2009. After negotiation, the City's Attorney was able to negotiate a settlement for approximately $149,300 with an additional payment of $3,200 to the Relator, resolving all outstanding issues. The recommendation is to authorize the City Manager to execute a settlement agreement. MAYOR PRO TEM BARTH MOVED THAT THE CITY OF NORTH RICHLAND HILLS SETTLE THE LITIGATION STYLED UNITED STATES ON THE RELATING OF DOUGLAS MOORE VS. CITY OF ADDISON AND OTHERS FOR A TOTAL OF $149,300 TO THE US GOVERNMENT AND $3,200 TO RELATOR MOORE AS RECOMMENDED BY THE CITY ATTORNEY AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN THE SETTLEMENT AGREEMENT. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Sapp made the following announcements. The City of North Richland Hills' website has a new look and streamlined navigation. Residents are encouraged to visit the website at www.nrhtx.com to view the latest city news and information. Popular features of the website include the city calendar, agendas and minutes, job postings, construction updates, adoptable pets and more. Residents can also use the website to search the code of ordinances, report a concern to the city or pay their water bill online. Join us for the Family 4th Fireworks Show on Monday, July 4th. The show will begin at 9:30 p.m. and can be seen from the parking lot of the ATI Career Training Center on Boulevard 26. Don't forget to bring lawn chairs, picnic baskets and games for the family to play while waiting for the fireworks. The fireworks show is a joint project of the Northeast Tarrant Chamber of Commerce and the cities of North Richland Hills, Haltom City and Richland Hills. This year's show is made possible thanks to the support of Chesapeake Energy and several other local sponsors. City Hall and other non- emergency City offices will be closed on Monday, July 4th in observance of the Independence Day Holiday. The NRH Recreation Center, Library, Tennis Center and Senior Centers will also be closed. NRH20 and Iron Horse Golf Course will remain open. Garbage and recycling will not be collected. Monday collections will shift to Tuesday and Tuesday collections will be made on Wednesday. Kudos Korner - City Employees & Community Emergency Response Team Members. The City has received numerous calls and comments from residents expressing their appreciation for the Neighborhood Initiative Fix it Blitz event held on June 4 and 5. More than 100 volunteers from the City of North Richland Hills, the Community Emergency Response Team and Center Point Church participated in helping elderly and disabled residents with needed home repairs and yard work. Some of the projects that were completed included replacing fences, painting houses and removing dead trees and brush. City staff and CERT Team members who volunteered for the Fix it Blitz included: Dana Alden Chris Amarante Tom Barry Tyler Barry Gary Bechthold Dano Blair Rick Frey Melanie Frith Tammy Gordon Betty Graves Michael Hader Janie Ham Leon Lopez Angie Lozano Lowell Martin Lorene Mathis Kathye McCall Curtis McJunkin Gary Peterson John Pitstick Thomas Powell Bobby Reeves Tito Rodriguez. Jennifer Schilb Judy Blair Karen Bostic Jamie Brockway Dee Ann Case Hannah Clayton Kathy Corley Mike Curtis Andrea Davis Tina Earle James Edwards Steve Euler Stormie Felder Ben Fogt Rick Ham Mark Hindman Linda Howard Annette Huffaker Mr. Huffaker Sean Hughes Craig Hulse Bunmi Johnson Larry Koonce Teresa Koontz Lee Legorreta Vickie Loftice Chris Lopez Chun Mezger Max Miller Joey Molina Jason Moore Lori Newman Ron Newman Verenis Olivio Joe Pack Adrien Pekurney Dave Pend'ley DJ Peters Mary Peters Penny Peterson Geoff Sherman Kyle Spooner Michael Steadham Jo Ann Stout Bill Thornton Jeff Tooley Bob Weakley Kristin Weegar Charlotte Wylie Debbie York H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:27 p.m. Iiri0 *16 Oscar Trevino — Mayor Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 7 -11 -2011 Agenda No. C.0 Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council Meeting Date: 7 -11 -2011 Agenda No. C.1 Subject: ZC 2009 -08 Public Hearing and Consideration of a Request from Gene Schay for a Zoning Change from "R -1 -S" Special Single Family to "R -2" Single Family on a portion of Lot 3R, Block 14, Glenann Addition (located at 8620 Martin Drive - 0.532 acres.) Case Summary: The applicant, Gene Schay, is requesting a zoning change on a 0.532 acre parcel from R-1 -S (special single family) to R -2 (single family). The purpose of the zoning change request is due to a larger lot being sub- divided. The remaining portion of the lot will remain sufficient in size to remain in the R -1 -S zoning district classification in which 1 acre minimum lot size is required. The intent is to construct a new single - family residence on the new lot being created on the property. This case was previously recommended for approval by the Planning and Zoning Commission on August 19, 2010. The applicant requested continuance at the September 13, 2010 City Council meeting and then the applicant withdrew the request at the (October 11, 2010 City Council meeting while some personal issues were resolved. The applicant came back in May, 2011 ready to move forward again. Plat Status: A re -plat associated with this property is being presented concurrently with this request. Existing Site Conditions: There are no improvements currently located on this portion of the property. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. Thoroughfare Plan: The lot has frontage on Martin Drive which is designated as a C2U undivided Minor Collector. Surrounding Zoning I Land Use: North: AG & R -31 Residential structure East: R -1 -S! Residential structures South: I 1 Church West: R -2 1 Residential structure Planning & Zoning Commission Recommendation: The P &Z Commission met on Thursday, June 16, 2011 and recommended unanimous approval of ZC 2009 -08. Staff Recommendation: Approval of Zoning Change request ZC 2009 -08. i LOCATION MAP I u a Mid Cities BIvd AERIAL PHOTO t — Martin Dr �, . Mid Cities BIvd AERIAL PHOTO t — Martin Dr �, . PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION Purpose of Public Hearing: A Public Hearing to Consider a Request from Gene Schay for a zoning change from "R- 1 -S" Special Single Family to "R -2" Single Family on a portion of Lot 3R, Block 14, Glenann Addition (located at 8620 Martin Drive — 0.532 acres.) Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 16, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JULY 11, 2011 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 Gage #: ZC 2009- 08 Applicant: Gene Schay Location: 8620 Martin Drive LIST OF NOTIFIED PROPERTY OWNERS Gene Wayne Schay 8620 Martin Dr NRH Tx 76182 -4107 Timothy K Oggier Etal 8600 Martin Dr NRH Tx 76182 -4105 Richard J & Lori J L Nicks 6405 Simmons Rd Fort Worth Tx 76182 -4242 Allan J Etux Corrie Kaufmann 6405 Whitney Ct Fort Worth Tx 76182 -4250 Robert Oldridge Legacy Church cf Christ 6424 5unnybrook Dr 8801 Mid Cities Blvd NRH Tx 76182 -4109 NRH Tx 76182 -4821 Joseph Dominic Oggier Patricia L Brinkley 8608 Martin Dr 8609 Martin Dr NRH Tx 76182 -4105 NRH Tx 76182 -4106 Shannon James 111 & B Sawyer Timothy J Carter 6401 Simmons Rd 3617 Greenbriar Ct NRH Tx 76182 -4242 Colleyville Tx 76034 -8673 Frances Laurianne Hoppenreys Louis Leroy Law 6401 Whitney Ct 7133 Stonybrocke Dr Fort Worth Tx 76182 -4250 NRH Tx 76182-3625 ORDINANCE NO. 3109 ZONING CASE ZC 2449 -08 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A .532 ACRE TRACT OF PROPERTY FROM R -1 -S (SPECIAL SINGLE FAMILY RESIDENTIAL) TO R -2 (SINGLE FAMILY RESIDENTIAL) TO 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 .532 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 and the site plan as Exhibit B from R -1 -S (Special Single Family Residential) to R -2 (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. F-11 L , I III r i : I17 -1 I `r 1413 PASSED AND APPROVED on this 11th day of July, 2011. la ATTEST: Patricia Hutson, City Secretary I was] a► Is] Z110:1N IN: 1W_1►1 NJ: III - Oscar Trevino, Mayor 1-1 j U &OIT1=1 D7-AE -'t CGI IGI N t ►,1,1►19l4 xH-1 41 cis George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A PROPERTY TO BE REZONED Being a 0.532 of an acre portion of Lot 3R, Block 14, Glenann Addition, an addition to the City of North Richland Hills as shown on the plat recorded in Cabinet A, Slide 9455, Plat Records, Tarrant County, Texas and also being a portion of that tract of land described in a deed to Gene Wayne Schay and recorded under Tarrant County Clerk's File Ho. D208231997. Said 0.532 of an acre is more particularly described as follows: Commencing at a 518 " iron with cap found at the northeast corner of said Lot 3R and the northeast corner of said Schay tract in the southerly line of Martin Drive; Thence N 83 degrees 25 minutes 53 seconds W with the northerly line of said Lot 3R, the northerly line of said Schay tract and the southerly line of Martin Drive, 33.70 feet to a 518" capped iron found; Thence S 89 degrees 44 minutes 59 seconds W with the northerly line of said Lot 3R, the northerly line of said Schay tract and the southerly line of Martin Drive, 157.06 feet to a 518 " capped iron Set at the POINT OF BEGINNING of the herein described tract; Thence S 00 degrees 15 minutes 01 seconds E, 226.37 feet to a 518" capped iron set; Thence S 69 degrees 59 minutes 20 seconds W, 100.69 feet to a 518" capped iron set in the westerly line of said Schay tract; Thence N 62 degrees 20 minutes 32 seconds W with the westerly line of said Schay tract 84.51 feet to a 112" capped iron found in the westerly line of said Lot 3R; Thence N 00 degrees 01 minute 30 seconds W with the westerly line of said Schay tract and the westerly line of said Lot 3R, 137.03 feet to a 518" capped iron set; Thence N 85 degrees 36 minutes 32 seconds E, 61.90 feet to a 518" capped iron set in the northerly line of said Schay tract, the northerly line of said Lot 3R and the southerly line of Martin Drive; Thence N 89 degrees 44 minutes 59 seconds E with the northerly line of said Schay tract, the northerly line of said Lot 313 and the southerly line of Martin Drive, 41.50 feet to the point of beginning and containing 0.532 of an acre. ZONING CHANGE EXHIBIT I 1!11 - 0 d_ ` m C J a a � I rix r p ,s . ac ,rrs� e � az,rw+w wonmw I� �rrwar .+mmo+,• g r P zae.m U3 , MARTI pppPµ'yq"( — s�3 �- N32'SYY'32'W e4s, N DRIVE I� T° gr]Y,u X1-5 3PnN, - NMM LOT .N,, n ® N 1. -. IETgs E%MM ZCNING Vm R-1 -5 L45: it ti 400.89' - xero..n a+ pxuo c�ryee � �� p�pa�ti LR ]/rs god ,�i wpnrnl�mg�eWSllm F b�oome Ld JR,. 1+. 0lmmnn Kddlbn a� nllfe Ila P -s,S mnFq. •—••, •• =' .try+ OCCfR FSTkT6 I % ase �^ SinE - fl -P PORTION OF LOT 3R, BLOCK 14 I V'J1lEi A �' wsn,u,ew F - mwnd �- N32'SYY'32'W e4s, N DRIVE I� T° gr]Y,u X1-5 3PnN, - NMM LOT .N,, n ® N 1. -. IETgs E%MM ZCNING Vm R-1 -5 L45: it ti 400.89' - xero..n a+ pxuo c�ryee � �� p�pa�ti LR ]/rs god ,�i wpnrnl�mg�eWSllm F b�oome Ld JR,. 1+. 0lmmnn Kddlbn a� nllfe Ila P -s,S mnFq. ZONING DISTRICT CHANGE EXHIBIT FROM R -1 —S ZONING TO R -2 ZONING OF A 0,532 OF AN ACRE PORTION OF LOT 3R, BLOCK 14 GLENANN ADDITION AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS AS SHOWN ON THE PLAT RECORDED IN CABINET A, SLIDE 8435 PLAT RECORDS, TARRANT COUNTY, TEXAS MILLER SURVEYING. INC. awals w rcmo dino-AFw —x mm.,nev�. en- al -4rzP wrc: a4P�aaa,ss EXCERPT FROM THE MINUTES OF THE JUNE 16, 2011 PLANNING AND ZONING COMMISSION MEETING ZC 2009 -08 Public Hearing and Consideration of a Request from Gene Schay for a Zoning Change from R -1 -S to R -2 (located at 8620 Martin Drive, 0.532 acres.) Gene Schay, 8620 Martin Drive, NRH, came forward requesting a replat to gain an extra lot. The property is approximately 2 acres and I'm splitting about half of it for sale for residential use. Chad VanSteenberg came forward stating this case is a request to change the zoning of the 0.532 acre tract at 8620 Martin Drive from R -1 -S to R -2. Along with this zoning change is a replat which will divide Mr. Schay's property into two parcels. He is going to sell the smaller one for a new single family residence and the larger lot containing the existing residence will remain in excess of an acre after this replat and can remain R -1- S. However, since the proposed new lot is less than one acre the zoning must be changed and R -2 is being requested. The Comprehensive Plan depicts low density residential uses for this area and this request does comply with the plan. You may remember this case from an earlier meeting as this request was originally brought before you on August 19, 2010 where this Commission recommended approval. However at the October 11, 2010 Council meeting the applicant requested that the case be withdrawn while some issues were being resolved. Staff now brings this back 'before you with recommendations of approval of the zoning change. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against the case to come forward. Seeing none, he closed the Public Hearing and entertained a motion. ►.1 »:IG] ►1 =1 17 Bill Schopper motioned to approve ZC 2009 -08 as proposed, seconded by Mark Haynes. The motion carried unanimously (7 -0). EXCERPT FROM THE MINUTES OF THE OCTOBER 11, 2010 CITY COUNCIL MEETING C.1 ZC 2009 -08 CONTINUE PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY FOR A ZONING CHANGE FROM "R -1 -S" SPECIAL SINGLE FAMILY TO "R -2" SINGLE FAMILY ON A PORTION OF LOT 3R, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE - 0.532 ACRES.) ORDINANCE NO. 3109 (CONTINUATION FROM SEPTEMBER 13, 2010 COUNCIL MEETING) WITHDRAWN Mayor Trevino advised that this item was a continuance of the public hearing from the September 13 Council Meeting. Mayor Trevino called on the applicant to come forward. Mr. Gene Schay advised that during the zoning process there were issues that had come up and therefore would need to withdraw his request until the issues could be resolved. Mayor Trevino closed the public hearing. C.2 RP 2009 -05 CONTINUE PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY FOR A REPLAT OF LOT 3R, BLOCK 14, GLENANN ADDITION INTO LOTS 3R1 AND 3R2, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE - 1.960 ACRES.) (CONTINUATION FROM SEPTEMBER 13, 2010 COUNCIL MEETING) WITHDRAWN Mayor Trevino advised that this item was a continuance of the public hearing from the September 13 Council Meeting. Mayor Trevino called on the applicant to come forward. Mr. Gene Schay advised that again due to issues in the process he would need to withdraw his request until the issues could be resolved. Mayor Trevino closed the public hearing and advised that once the issues were resolved that fees for Mr. Schay to resubmit his requests would be waived. EXCERPT FROM THE MINUTES OF THE SEPTEMBER 13, 2414 CITY COUNCIL MEETING C.1 ZC 2009 -08 PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY FOR A ZONING CHANGE FROM "R -1 -S" SPECIAL SINGLE FAMILY TO "R -2" SINGLE FAMILY ON A PORTION OF LOT 3R, BLOCK 14, GLENANN ADDITION (LOCATED AT 8624 MARTIN DRIVE - 0.532 ACRES.) - ORDINANCE NO. 3149 CONTINUED Mayor Trevino opened the public hearing and called on the applicant to come forward. Mr. Gene Schay 8620 Martin Drive, came forward. Mr. Schay requested the City Council to continue items C.1 (ZC 2009 -08) and C.2 (RP 2009 -05) until the City Council Meeting set for October 11, 2010. Mayor Trevino called on anyone wishing to speak for or against the item to come forward. Mayor Trevino advised there would also be an opportunity to speak at the October 11 City Council Meeting. MAYOR PRO TEM SAPP MOVED TO CONTINUE ZC 2009 -08 TO THE OCTOBER 111, 2010 CITY COUNCIL MEETING. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO CONTINUE ZC 2009 -08 CARRIED 7 -0. C.2 RP 2009 -05 PUBLIC HEARING TO CONSIDER A REQUEST FROM GENE SCHAY FOR A REPLAT OF LOT 3R, BLOCK 14, GLENANN ADDITION INTO LOTS 3R1 AND 3R2, BLOCK 14, GLENANN ADDITION (LOCATED AT 8620 MARTIN DRIVE - 1.964 ACRES.) CONTINUED Mayor Trevino opened the public hearing and called on the applicant to come forward. Mr. Gene Schay. 8620 Martin Drive, came forward. Mr. Schay requested the City Council to continue item C.2 (RP 2009 -05) until the City Council Meeting set for October 11, 2010. Mayor Trevino called on anyone wishing to speak for or against the item to come forward. Mayor Trevino advised there would also be an opportunity to spear at the October 11 City Council Meeting. COUNCILMAN LOMBARD MOVED TO CONTINUE RP 2009 -05 TO THE OCTOBER 11, 2010 CITY COUNCIL MEETING. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO CONTINUE RP 2409 -45 CARRIED 7 -4. EXCERPT FROM THE MINUTES OF THE AUGUST 19, 2410 PLANNING AND ZONING COMMISSION MEETING 5. ZC2009 -08 Public Hearing and Consideration of a Request from Gene Schay for a Zoning Change from ` °R -1 -S" special Single Family to ` °R -2" Single Family on a portion of Lot 3R, Block 14, Glenann Addition (located at 8620 Martin Drive- 4.532 acres.) Public Hearing opened at 7:01 pm Gene Schay, 8620 Martin Dr, NRH, TX came forward requesting to divide the lot into 2 lots in order to sell the extra lot in order for a house to be built. Eric Wilhite came forward and stated that this is a zoning change from R -1 -S to R2. Mr. Schay currently owns a larger lot and they will be subdividing it and the following case is the replat of this property. He is requesting a zoning change for a portion of it which is the 0.532 acres from R -1 S to R -2 in order to sell that property once it has been replatted in order for another individual to construct a single family residence. This request does still meet the Comprehensive Land Use plan which in this area is low density residential and staff recommends your approval. With no one wishing to speak the public hearing was closed at 7:03 pm APPROVED Mike Benton, seconded by Don Bowen, motioned to approve ZC 2449 -48. The motion was carried unanimously (5 -0). 6. RP2009 -45 Public Hearing and Consideration of a Request from Gene Schay for a Replat of Lot 3R, Block 14, Glenann Addition into Lots 3111 and 3112, Block 14, Glenann Addition (located at 8624 Martin Drive- 1.960 acres.) Public Hearing opened at 7:05 pm Eric Wilhite came forward and stated that this replat is a public hearing because it is zoned residential. It is a 1.960 acre tract which includes the portion that he is going to be selling. It includes lot 3R2 that was just approved for a zoning change and also his remainder that he will be keeping where there is a single family structure indicated on lot 3R1. The replat will create 2 lots and they both have frontage on Martin Drive. It meets all subdivision rules and regulations and there will be a sidewalk put in once they construct the new home and the residential permit is released. With no one wishing to speak the public hearing was closed at 7:05 pm CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council (Meeting Date: 7 -11 -2011 Agenda No. C.2 Subject: RP 2009 -05 Public Hearing and Consideration of a Request from Gene Schay for a Re -plat of Lot 3R, Block 14, Glenann Addition into Lots 3R1 and 3R2, Block 14, Glenann Addition (located at 8620 Martin Drive - 1.960 acres.) Case Summary: The applicant, Gene Schay, is proposing to re -plat what is currently a 1.950 acre lot. The proposed re -plat will create two lots, one 0.532 acre lot, and a 1.41 acre lot. The subdivision re -plat will create the ability to construct a new single- family residence on the proposed lot 3R2. This case was previously recommended for approval by the Planning and Zoning Commission on August 19, 2010. The applicant requested that the case be withdrawn at the October 11, 2010 City Council meeting while some issues were resolved. The case is now ready to move forward again. Current Zoning: R -1 -S (special single - family residential) and proposed R -2 (single - family) for proposed lot 3R2. Thoroughfare Plan: The lot has frontage on Martin Drive a 2 -lane, undivided minor collector street (C2U) with 60 feet of Right -Of -Way. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. 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. Sidewalks are required as part of this subdivision. Therefore, the developer will be required to assume 100% of the amount required for such improvements. Planning & Zoning Commission Recommendation: The P &Z Commission met on June 16, 2011 and recommended unanimous approval of RP 2009 -05. Staff Recommendation: Approval of re -plat request RP 2009 -05. LOCATION MAP I _ J l 'I AERIAL P Martin Dr ilk k r of B 4� PROPERTY OWNER NOTIFICATION �- NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION a;5 AND CITY COUNCIL Case #: RP 20019- 05 Applicant: Gene Schay Location: 8620 Martin Drive You are receiving this notice because you are a property owner of record within 240 feet of the property shown on the attached map. Purpose of Public Hearina: A Public Hearing to Consider a Request from Gene Schay for a replat of Lot 3R, Block 14, Glenann Addition into Lots 3R1 and 3R2, Block 14, Glenann Addition (located at 8620 Martin Drive — 1.960 acres.) Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 16, 2011 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JULY 11, 2011 Both Meeting Times: 7:04 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 824 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Gene Wayne Schay 8620 Martin Dr NRH Tx 76182 -4107 Robert Oldridge 6424 Sunnybrook Dr NRH Tx 76182 -4105 Legacy Church of Christ 8801 Mid Cities Blvd NRH Tx 76182 -4821 Timothy K Oggier Etal 8604 Markin Dr NRH Tx 76182 -4105 Richard J & Lori J L Nicks 6405 Simmons Rd Fort Worth Tx 76182 Allan J Etux Carrie Kaufmann 6405 Whitney Ct Fork Worth Tx 76182 -4250 Steve Etux Lois Norder 6409 Whitney Ct Fork Worth Tx 76182 -4250 Joseph Dominic Oggier 8608 Markin Dr NRH Tx 76182 -4105 Shannon Jaynes III & B Sawyer 6401 Simmons Rd NRH Tx 76182 -4242 Frances Laurianne Hoppenreys 6401 Whitney Ct Fort Worth Tx 76182-4250 William Etux Sharon Dahn 6400 Whitney Ct Fort Worth Tx 76182 -4250 Patricia L Brinkley 8609 Martin for NRH Tx 76182 -4106 Timothy J Carter 3617 Greenbriar Ct Colleyville Tx 76034 -8673 Louis Leroy Law 7133 Stonybrooke Dr NRH Tx 76182 -3625 Mark Alan Etux Gwenda A Selby 6404 Whitney Ct Fart Worth Tx 76182-4250 Michael P Etux Sally L Frye Marian A Rankin 6405 Blake Ct 6401 'Blake Ct Fort Worth Tx 76182 -4246 Fort Worth Tx 76182-4246 REPLAT EXHIBIT Au1C J `� e 1 F1. 1i // eca " 1 B ALOES g F ��W .LPM � 9 1]T2] L � �� � n x cnnr ' i Ae. 2JNNG i ;'Y �• R�� 2GNUa T 4 wl � T R �. MARTIN DRIVE T - -- - - -- - - -- - T - S1A9E .STn� •• � I � 7 � ,(� � era .mA n,a RI12CNnG A 7 1 - `OFw9' r , IAI � &� f .- a _ { °"r� ri �sx ve m.ae cm usi v n,n FINAL PLAT OF LOTS 3R7 & 3RZ, BLOCK 14, GLENANN ADDITION we w<ao, m T1[ Clff ri ,Iasflx nuf�l,o r,• BR F RFY�T Oi R Gpw � Lur lA A H1'IX ad P�/MI Jufliq, .N /IDIIILII W TI[ Cl,Y Si N9HeH gQ�.YO � "° F5 sqw, v, ,He nA arainn M �- /511ET A SIP€ 1M66 TMS FNT 9L ump iaAroWf W� Si.efrK5 i16TRJ e0. MILLER SURVEYING, INC. CQIE 9PANY „ rro,c; en�ee� -+rax AFt xx- me -si?a � EXCERPT FROM THE MINUTES OF THE JUNE 16, 2011 PLANNING AND ZONING COMMISSION MEETING RP 2009 -05 Public Hearing and Consideration of a Request from Gene Schay for a Replat of Lots 3R1 and 3R2, Block 14, Glenann Addition (located at 8620 Martin Drive, 1.960 acres.) Chairman Shiftlet opened the Public Hearing and asked for Staff to present the case. Chad VanSteenberg came forward stating this case is the replat associated with the previous zoning case. The current parcel of 1.95 acres is being divided into two lots and the smaller of which is over a half acre at 0.532 on the west side of the lot. The other lot with the existing residence is 1.41 acres. This request was brought before you in August 2010 at which time you recommended approval. The Development Review Committee has reviewed this plat and it meets all the zoning and subdivision ordinances. Sidewalks are required as part of this subdivision and the Developer will be required to assume 100/0 of the amount of that improvement. Staff does recommend this replat request. Chairman Shiflet asked when would the sidewalks be required? Chad VanSteenberg said they would be required at the time of development. Chairman Shiflet asked if anyone else wished to speak on this matter? Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Dianna Madar motioned to approve RP2009 -05 as proposed, seconded by Don Bowen. The motion carried unanimously (7 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: John Pitstick Council (Meeting Date: 7 -11 -2011 Agenda No. C.3 Subject: TR 2011 -02 Public Hearing and Consideration of Amendments to Section 118 - 727 of the North Richland Hills Code of Ordinances "Customary Home Occupations ". TR- 2011-02: Public Hearing and Consideration of Amending the Zoning Ordinance Section 118 -727 Customary Home Occupations by restricting home occupations to primary residences, limiting outside appearances and new listing of included and not included home occupations. Staff Summary: Staff has undertaken efforts to review the regulations for customary home occupations that would typically be allowed out of the home. Staff has refined these regulations to require primary residence for conducting home occupations and clarified what would be allowed and what would not be allowed for home occupations. A new paragraph has been added regarding phvsical armearance and visible evidence that includes restrictions on visual or audible interference, restricts additional solid waste, restricts outdoor assembly and restricts storage of business supplies. A new paragraph on traffic and r)arkina has been included that restricts on- street and off- street parking to the drive way and curb immediately adjacent to the premises as well as the total number of vehicles allowed for home based businesses. New clarifications have been added to the home uses: allowing telecommuting and professional consultants rendering services in a home office, but have personal contacts off -site. Hours of operation have also been included for private tutoring. Land uses not allowed were also added to these regulations including restrictions on contractor's offices, electronics repair, lending agencies, health and social and psychological counseling. The Planning & Zoning Commission reviewed the proposed customary home occupations changes on June 2 and had questions regarding parking and outdoor assembly for home occupations. One issue that was brought up included the new craze in personal training including neighborhood boot camps where several individuals perform calisthenics in the neighborhoods, open spaces and parks. Staff did research on this topic and found that any personal boot camp training in city parks would have to be sanctioned and a part of the parks and recreation department programming. If neighbors got together on their own and conducted boot camp training without a hired instructor there would be no restrictions and therefore allowed. However, to restrict the use of paid personal training instructors as a home business, staff has added a sentence in the proposed regulations as follows. "No outdoor assembly of emolovees, clients or eauinment at home residences." This regulation would restrict any paid personal training instructor for a group boot camp to be limited to appropriate commercial zoned areas or be limited to formal city recreational programs for public parks and open space uses. Please see attached draft ordinance and recommended land use changes. All areas highlighted in `red" are new to the customary home occupation regulations. Plannina & Zonina Commission Recommendation: The Planning & Zoning Commission met on Thursday, June 16, 2011 and recommended unanimous approval of proposed Ordinance No. 3146. Staff Recommendation: Staff recommends approval TR- 2011 -02 and Ordinance No. 3146. ORDINANCE NO. 3146 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118 -127 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; RESTRICTING HOME OCCUPATIONS TO PRIMARY RESIDENCES; LIMITING OUTSIDE APPEARANCES; LISTING INCLUDED AND NOT INCLUDED OCCUPATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: 611=10111+7►iI That the comprehensive zoning ordinance and Section 118 -727 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 118 -727. - Customary home occupations. Customary home occupations are those ordinarily carried on in a home which are not detrimental or injurious to adjoining property or offensive for reasons of odor or noise, providing that all such uses are located in the dwelling, that the home is the primary residence of the persons operating such business, and that no persons that are not residents and members of the family residing in such premises are employed, and no signs advertising such home occupation are displayed. "Primary residence" shall be deemed to mean a residence where the residents sleep a majority of the time. Phvsical Appearance and Visible Evidence: There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. No production of additional solid waste considered typical for single family uses. No outdoor assembly of employees, clients or equipment at home residences. All storage of supplies and business materials for home based businesses shall not be allowed in accessory or detached structures and shall be limited to the living portion of a house or its attached garage. Traffic and Parkina: This use must not increase normal automobile vehicle traffic in the neighborhood and not require additional on- street or off - street parking in order to conduct business. Parking of vehicles for customers of allowed home occupations shall be limited to the driveway of such premises or along the curb immediately adjacent to such premises. No employee parking allowed. More than 2 vehicles per hour or more than 10 total vehicles per day shall be assumed to be excessive. Incidental to Residential Livinq: This use shall be deemed incidental and shall never be permitted as a principal use, but only as a secondary use, and shall never involve the conducting of a retail business, except as provided in (1 )f. below. (1) Customary home occupation may include, but are not limited to: a. The office of an accountant, bookkeeper, architect, lawyer, engineer or professional consultant who renders services in a home office over the telephone and online and has personal contacts with customers off -site; b. Musician, artist, private tutoring or any allowed home based business with on -site customers limited to the hours of 8 a.m. to 8:00 p.m.; C. Telecommuting. (The practice of working from home for a buslll2sS and communicating through the use of a personal computer equipped with modem and communications software.); d. The care of not more than four children not related by blood, marriage or adoption; provided that a registered family home or a group day care home registered with the appropriate agency authorized by the state to license family homes may care for not more than 12 children; e. dressmaker; f. Limited direct sales of household cleaning products, cosmetics, vitamins, and jewelry by hosting an in -home social gathering. (2) Customary home occupations shall not include the following: a. Barbershops, beauty shops, hairdressers, catering, b. Carpenter shop, electrical shop, plumbing shops, HVAC or mechanical repair, contractor's offices, C. Radio and/or TV shops, electronics repair, computer repair; d. Real estate sales office, insurance office; e. Auto repairing, furniture repairing or similar uses. f. Banks or lending agencies; g. Physicians, dentists, optometrists, social or psychological counseling, massage therapist, chiropractic offices or other uses of a similar nature and character." SECTION 2. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. AND IT IS S© ORDAINED. PASSED AND APPROVED on this 11th day of July, 2011. CITY OF NORTH RICHLAND HILLS 13 Oscar Trevino, Mayor ►- r■0 *16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney ►_►> >:T61 ►1=I O7- [& -Mllexeie7 ►10 =1 r 16 John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE JUNE 16, 2011 PLANNING AND ZONING COMMISSION MEETING TR 2011 -02 Public Hearing and Consideration of Amendments to Section 118 -727 of the North Richland Hills Code of Ordinances "Customary Home Occupations ". Chairman Shiflet opened the Public Hearing on TR 2011 -02 and asked Staff to present the case. Dave Pendley came forward stating case TR 2011 -02 is a zoning ordinance amendment. It was a Staff initiated modification due to previous issues where we had confusion with what was allowed as a home occupation. Many of you know the case that involved the proposal a citizen who bought a house and indicated they were living in it, remodeled it for their home businesses and later we found out it was not their home. City Staff and P &Z got together and made some recommended changes to help clarify some of the issues that would prevent this type of situation from occurring again. Also to help Staff pin point what was actually considered a home occupation and what was not. Dave Pendley said one of the issues brought up during the course of this study was the question where or not the boot camp style training being ran out of a house could be allowed as a 'home occupation. After some research we have determined that probably was not the best use because it also allowed people to assemble. Just like we don't allow contractors to bring their workers in to a residential area to congregate then leave in a truck or two, we don't this type of activity to occur as someone's residence early in the morning hours. The (proposal to the ordinance was to add some language that "no outdoor assembly of employees, clients or equipment could occur at a house used as a home occupation." We also added some paragraphs that helped to determine that the physical appearance and visible evidence could not be shown from the street or front. In other words, to conduct a home occupation, your (house basically had to resemble or keep looking like a house, no modifications could be made that were visible or gave the appearance of advertising. We also made some corrections in the list of what was allowed for home occupations which say "to include or not limited to work hours 8:00 a.m. to 8:00 p.m., telecommuting was added whereas you can do business by telephone, computer, etc. In addition we added where you can do (businesses like Tupperware sales, jewelry sales if it is done like a social gathering. Contractor's offices are not allowed to be a home occupation. Physicians, dentists, optometrist and psychologist are not allowed to have their counseling offices as home offices are not allowed. Chairman Shiflet asked about parking of vehicles for customers of allowed home occupations and if adding customers or employees could be added. Dave Pendley said yes, we could do that but in the language the only employees that could be employees are your family members. If you have a home occupation you cannot hire an outside employee. By adding that text it might confuse the issue giving the indication that they can do that. There was a general discussion about this issue and how Staff could word it correctly. 0:1 =191 1 WIlf Steven Cooper motioned to approve TR 2011 -02 as proposed, seconded by Mike Benton. The motion carried unanimously (7 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 7 -11 -2011 Agenda No. D.0 Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 7 -11 -2011 Agenda No. E.0 Subject: PUBLIC WORKS CITY OF NORTH RICHLAND HILLS Department: Public Works Council Meeting Date: 7 -11 -2011 Presented by: Gregory Van Nieuwenhuize Agenda No. E.1 Subject: PW 2011 -011 Award a Professional Services Agreement in the amount of $60,000 to Teague, Nall and Perkins for the GPS Monument Update Phase II Project. Summarv: The City Council is being asked to award a professional services agreement for the Capital Improvements Project identified as the "GPS Monument Update Phase II Project" (Project No. PW1101) in the Capital Projects Budget. General Descrir)tion: The City of North Richland Hills' network of benchmarks is used regularly by surveyors and engineers for purposes of property acquisition, platting, land development, engineering design and floodplain analysis. The city's current benchmark system is comprised of benchmarks and monuments set by McGuinness and Associates in 1990, as well as a 'handful of new Global Positioning System (GPS) monuments set in 2008 with Phase I of the GPS Monument Update Project. The scope of the current project includes inventorying all existing city benchmarks to determine which monuments are eligible for continued use in the city's system and which monuments will need to be retired as a result of movement or destruction. Once the inventory is complete, the surveyor will utilize the 1990 leveling data (the source of the original monument data) to re- establish these monuments with up -to -date horizontal and vertical parameters. In addition, six (6) new monuments will be set. Both existing and new monuments will be cataloged in both the most current horizontal datum [NAD83(2011)] and the current vertical datum [NAVD88]. These datums will conform to the datums used by both state and federal regulatory agencies. The cataloging of these monuments will include narrative descriptions, digital photographs and full data sheets. Staff followed the city's policy for procuring professional services for the implementation of this project. Requests for Qualifications were sought from local surveying firms; 11 firms responded by submitting Statements of Qualifications ( "SOQ's ") to the City. Four (4) North Richland Hills' staff members (GIS Analyst, Facilities & Construction Director, Engineer Associate and Civil Engineer) comprised the selection committee. After review of the SOQ's by the committee, the firm of Teague, Nall and Perkins (TNP) was unanimously chosen as the top firm for the Project. TNP's technical expertise and their successful completion of Phase I of the GPS Monument Update Project were major factors in the selection. TNP's surveying team includes four (4) Registered Professional Land Surveyors, seven (7) field crews, and other specialized technical personnel. TNP maintains state- of -the- art surveying, engineering, CAD, information technology equipment and software. This technologically - advanced equipment speeds up the data collection (process, minimizes human interaction to minimize error, and streamlines data handling from the field to the finished product. TNP has been providing engineering design, surveying and municipal consulting services to the City of North Richland Hills since 1981. The agreement outlines the scope of work in Attachment A. Listed 'below are the key items within the scope of work: • Re- Adjustment of 1,990 Leveling Data • Re- Adjustment of 2008 Control Stations • Mapping Grade Positions of existing City Benchmarks • Existing GPS and Azimuth Monumentation Reconnaissance • Establishment of New Control Stations The total amount of the (professional services agreement for this project is $60,000. There is sufficient funding for these services in the 2010 -2011 Capital Projects budget. Recommendation: Approve the professional services agreement with Teague, Nall and Perkins in the amount of $60,000 for the GPS Monument Update, Phase 11 Project (PW1101). AUTHORIZATION FOR PROFESSIONAL SERVICES PROJECT NAME: GEODETIC NETWORK MODERIZATION AND DENSIFICATION PHASE II TNP PR OJECT NUMBER: kd CLIENT: CAROLINE WAGGONER, P.E., CFM ADDRESS: CITY OF NORTH RICHLAND HILLS 7341 N.E. LOOP 820 NORTH RICHLAND HILLS, TEXAS 76180 (817) 427.6408 (817) 427.64041FAX City of North Richland Hills (the CLIENT) hereby requests and authorizes Teague Nail and Perkins, Inc., (the SURVEYOR) to perform the following services: Article I SCOPE OF BASIC SERVICES: See ATTACHMENT 'A' for scope of services. ALlicle II COMPENSATION to be on a basis of the following: BASIC SERVICES. The CLIENT agrees to pay the SURVEYOR an hourly fee not to exceed $60,000.00. Der ATTACHMENT 'C'. B ASIC SERVICE shall hn hillArl m—fW11 ADDITIONAL SERVICES: ADDITIONAL SERVICES shall be any service provided by the SURVEYOR which is not specifically included in BASIC SERVICES as defined. ADDITIONAL SERVICES shall Include, but shall not be limited to: a.) Land planning, lot layout and configuration, preliminary plat preparation, final plat preparation, zoning applications, zoning exhibits, preliminary utility plans, drainage studies and preliminary drainage plans; b.) Easement research; c.) Preparation of real property transfer documents or exhibits; d.) Participation in real property acquisition; e.) Trips and meetings beyond a 100 mile radius of Fort Worth; g,) Printing, copying, plotting and document reproduction; h.) Platting or re- platting filing fees; i.) Construction staking; it) Arirlifinnal Hiff erential leveling to vedfi, NAVD88 Ga_n.1i ,c�mrr; iii.) Additional GPS monuments iv.) Additional differential leveling for added GPS monuments ADDITIONAL SERVICES shall be considered additional work and shall be reimbursed at standard TNP hourly rates or TNIP standard rates for items provided in- house, or direct expenses times a multiplier of 1.10 for non - labor, subcontract or mileage Items. See Attachment 'C'. 3. PAYMENT TERMS: CLIENT shad be billed monthly for services rendered and pay promptly upon receipt of Invoice. Delays of transmitting payments to SURVEYOR more than 30 days from invoice date may result in cessation of services until payment is received. Article III SCHEDULE: The proposed services shall begin within 3 to 4 working days of authorization to proceed. PHASE II will be delivered by September B, 2011. Article IV CONTRACT PROVISIONS: Contract provisions are attached hereto and made a part hereof. Please execute and return a signed copy for our files. Receipt of an executed copy of this contract will serve as notice to proceed. No work shall commence on the project until an executed copy of this contract is received by SURVEYOR. By signing below, the signer warrants that he or she is authorized to execute binding contracts for the CLIENT. Approved by CLIENT: Accepted by SURVEYOR: Teague Nall and Perkins, In By: Sy: Title: Title: Director of 5urvevinp [late: Uate: erear 1 Page 2 PROVISIONS AUTHORIZATION TO PRO CEI Signing this agreement shall be construed as authotization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for Jr, this agreement. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of se lodes pald TNP, no's employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll - related taxes, payments, premiums, and benefits. DIRECT EXPENS ES TNP, Ino.'S Direct Expenses shall be those costa incurred on or directly for the CLIENT's Projact, Induding but not limited to necessary transportation costs including mileage at TNP, inc.'s current rate when its, or its ampioyews, automobiles are used, meals and lodging, laboratory teats and an"ses, computer services, word processing services, telephone, printing and binding charges. Re[rnhursemont for these expenses shell be on the basis of actual charges when fa mished by cumrnercial soarers and an the bs zis of usual commercial charges when fum.lshed by TNP, Inc. 4. OUTSIDE SERVICES When technical or professional servfoes are furnished by an outside source, when approved by CLIENT, an addltlonal amount shall be added to the oast of these services for TNP, !no.'s admfnistratNe costs, as prov;ded herelo. S. OPINION OF PROBABLE COST in providing opiniolls of probable - coal, the CLIENT understands that TNP. Inc. has no control over costs or the price of labor, equipment. or materials, or over the Contractor's method of pricing, and that the opinions of probob6e cost provided to CLIENT are t0 be made on the basis of the design professional's qualifrzagono and experience. TNP. Ina makes no warranty, expressed or Implied, as to the accuracy of such opinions as compared to bid or actual costs. 6. PROFESSIONAL STANDARDS TNP, !lmc. shall be responsible, to the lave[ of competency presently malniatned by other practicing prcfessional engineers in the same We of work In the State of Texas, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and ot`ler work and materials furnished under this Authorization. TNP, Inc. makes no otherwarmnty, expressed or implled, 7. TERMINATION 1:111 t;L1tN1 Or INV, Inc. may terminate this authorization by giving 10 days written hotice to the other party. In such event CLIENT shall forihnviih pay TNP, Inc. in full for all work previously a�Lhonzed and performed prior to effective date of lerminaiion. If no notice of lem11natior. is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorizaton. 0. MEDIATION In an effort to resolve any conflicts that arise during the design or construction of the p lect or fallowin the completlon of the project, the CLIENT and Iha ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbonding rredlaiion unless the parties mutually agree oth a rwlse. 9. PAYMENT TO TNP, INC. Monthly Invelaes will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt If payment is not received within 30 days of invoice date, all work on CLIENT's project shall coos@ and all work products and documents shat! be withheld until paymar.t Is received by TNP. Time shall be added to the project schedule for any work stoppages resulting from CLIENrs failure to render payment, within 30 days of frtuolce date. 10. ADDITIONAL SERVICES Client shall not be billed for any "Additional Services' or 'Special Services' unless authorized in writing and signed by A representative of Clie 11. SALBS TAIL In accordance with the Slate Sales Tax Codes, certain surveying services are taxable. Applicable sates tax Is no Included in the fee set forth and will be added on and col!ectad when required by state law, Sales tax at the applicable rate will be Indicated on Invoice statements. 12. SURVEYING SERVICES Irk abcordence with the Professia rr�9,rCafl�Surwtng Practices Act of 1989, the CLIENT is Informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC -230, Austin, Texas 78753, (5 112) 23'9.5263. 13. LANDSCAPE ARCHITECT SERVICES The Texas Board of Archilectural Exanminars has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects In Texas. The CLIENT is informed that any complelnis about landscape architecluro services be forwarded to the Taxes Board of Architectural Examiners, Hobby Building: 333 Guadalupe, Suite 2 -350, Austin, Texas 78701, Telephone (512) 306-9000, Fax (612) 305 - 8200. 14. INVALIDI Y CLAUSE In case any one or more of the provisions contained in this Agreamlent shall b ha:d Hiegel. the enforcaabllity of The remaining provisions contained herein Shall noE be impaired thereby. 15. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project sile safety. 16. CONSTRUCTION WEANS AND METHODS Means and methods of construction are the sole responsibility Of the cvnkactor. Page 3 ATTACHMENT 'A' ITEMIZED SCOPE OF SERVICES Teague Nall and Perkins. Inc.. (TNP) shall render the following professional services (BASIC SERVICES) necessary for the development of the project. PHASE Il Re- Adjustment of 1990 Leveling Data TNP will re- adjust the original 1990 McGuinness and Associates leveling data for the city's benchmarks, previous GPS monuments and azimuth monuments. The Published NAVD88 elevations of the NGS Vertical Control Stations will be used in lieu of the NGVD29 elevations used in the original 1990 McGuinness and Associates adjustment. Re- Adjustment of 2008 Control Stations In 2008 TNP established six new control stations within the city. At the time the current national norizaratall adjn5� �� f� ,Li. TR - i11 re= jtrs#- tie -or4l►� -- 10 r G 0ck collected in 2008 updating them to the new NAD83(2011) adjustment. TNP will also re- adjust the original 2008 leveling data for the six control stations to the re- adjusted NAVD88 datum. Mapping Grade positions of Existing City Benchmarks The original NGVD29 benchmarks did not have horizontal positions. [luring our field reconnaissance to recover the existing benchmarks, TNP will capture mapping grade horizontal GPS positions (plus or minus one meter) and color digital photographs. These locations will aid in locating the benchmarks In the future. In the event a benchmark has been destroyed or disturbed, TNP will prepare a short narrative to be included in the project report. Existing GPS and Azimuth Monumentation Reconnaissance TWP Will rar wPf andSe l Or the _ sQ.nditio -D via color digital ohotooraphs and a short narrative of all existing GPS and Azimuth monuments. Establishment of New Control Stations Establish six new monuments on existing concrete structures at locations established by the City where previous monumentation was not set or has been destroyed. The horizontal datum for the six new monuments will be NAD83(2011) Epoch 2010.00. The 2011 adjustment has not been released by the National Geodetic Survey (NGS) at this time, but is expected to be published by late July 2011. The horizontal positions will be established via Global Positioning System (GPS) static observations and adjusted to the National Continuously Operating Reference Stations (CORS) in the vicinity. The vertical datum on the new stations will be NAV088. The NAVD88 values will be based on the re- 2 riglnal rritwtoump 51 -ijlo mcx6e f+/k,3u,e R-voo oi...I Assoef'ate—in The 4effieM positions on the six new monuments will be established by differential leveling from existing City Benchmarks. Page 4 DELIVERABLES Overall map showing the locations of all monuments set and found during the survey, New data sheets for all existing monuments found and new monuments set. PQF files of all data sheets and the overall map. GIS Shapefiles for all existing monuments found and new monuments set, Project !Report Page 5 ATTACHMENT 'B' PROJECT SCHEDULE TNP shall endeavor to accomplish the work in accordance with the schedule requested by the CLIENT. However, prior to beginning work on this assignment, TNP shail be advised of the anticipated schedule for the project, including specific dates for various submittals and reviews by the CLIENT and/or others. TNP shall inform CLIENT of any conflicts with the proposed schedule within five (5) days of receipt of this information. It is understood and agreed that the objective of all involved in this project is produce and provide quality and complete information and deliverables, which requires a considerable amount of coordination and cooperation, as well as adequate time for research, analysis and development. It is also understood that TNP's ability to perform our scope of services is dependent upon information being provided and reviewed by others in a timely manner, and that adjustments in schedule may be required should information or reviews be delayed. Based upon our current understanding of the scope of work for this project, and our current workload, we propose the following schedule; Proposed services shall begin within 3 to 4 working clays of authorization to proceed. PHASE II will be completed and delivered by September 6, 2011. Page 6 ATTACHMENT'C' TEAGUE NALL AND PERKINS, INC. Standard Rate 'Schedule for Reimbursable /Multiplier Contracts Effective January 1, 2011 to December 31, 2011" Ena]neerino i Technical From - TO Principal $150 - $230 Per Hour Project Manager $120 - $200 Per Hour Senior Engineer $110 - $210 Per Hour Engineer $ 85 - $140 Per Hour Landscape Architect I Planner $110 $170 Per Hour Landscape Designer $ 7o - $110 Per Hour uesrgner $ 55 $120 Per Hour Senior Designer $100 - $150 Per Hour CAD Technician $ 60 - $ 90 Per Hour Senior CAD Technician $ 75 - $110 Per Hour IT Consultant $124 - $160 Per Hour IT Technician $ 85 $120 Per Hour Clerics] $ 50 - $ 80 Per Hoerr Resident Project Representagve $ 70 - $120 Per Hour Jur wcvlRru Survey Office Manager $230 - $180 Registered Professional Land Surveyor $120 - $150 S.I.T. $70 $1flD 8aniorSurveyTechnician $70 $100 Junior Survey Technician $50 - $80 1- Person Field Crew wlEquipment" $115 2- Person Field Crew wlEqulprrment" $135 ?_Pa wn Full] r.r;nu w1F9nknrnant•" SI S'n 4- Parson Field Crew wlEquipment" $170 Subsurface Utility Enaineerino Hourly Rate SUE Engineer $160 SUE Technician $ 95 1 - Person Designator Crew wlEquipment $110 2- Person Vacuum Excavator Crew wlEquipment $250 (Travel and Stand -by) SUE QL -A Test Hole (0 -- 4 ft)` ** $750 per hole CI IF r1l _A Test Kole Id { — A R )' -• Q900 —per hsle SUE CAL A Test Hole (8.1 —12 ftr $1,150 per hole SUE QL•A Test Hole (12.1 — 20 ft) " $1,500 per hole Direct Cast Reimbursables Photocopies, Scans & PDF Files: $0.101page letter and legal size bond paper, B &W $0.20 /page 11" x 17" size bond paper, B &W $1.001page letter, legal and f V x 17" size bond paper, color $2.00Jpage 22` x 34" and larger bond gaper or vellum, S&W iP W X Plots: $1.041page 11" x 17" size bond paper, B &W $2.001page 11" x 17" size bond paper, color $4.00/page 22'x Wand larger bond paper or vellum, B &W $5.001page 22" x 34" and larger bond paper or vellum, color $6.00/page 22" x 34" and larger mylar or acetate, B &W Mileage $0.501mile �ti Qtrwur urauevu crru outsomcw, s�..,w� a ;ro�dr;m� w� rasa �r,r:rNarcurilr677VP a uvrrr�ry vrarra 3tldFwa'r�dve. "Rates shown ara forcal©ndar year 2011 and are Subject to charge III StlbSellirent years. "Epuiprrranrincludes rruck, ATV, Robotic Total 5tatlan, GPS Unks and Digital levat Pricing includes 2- Parson craw, designating for excavallon, survey, vehkle costs, and field supplies. Page 7 CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: ,Jimmy Cates /Mike Curtis Council Meeting Date: 7 -11 -2011 Agenda No. E.2 Subject: PW 2011 -012 Approve the 2011 Preventive Street Maintenance Program Summarv: O June 21, 2011 staff presented the 2011 Preventive Street Maintenance Program to the Capital Improvement Project (CIP) Committee. The committee recommended approval of the program and requested staff present for City Council approval. General Descrir)tion: The recommended program consists of an asphalt Overlay on 17 streets, a slurry seal on 18 streets, and crack sealing 18 streets. Attached you will find a listing of the streets being proposed for this year's program. Because of the success of targeting and concentrating the program in specific neighborhoods, the selection of streets is similar to last year's program. The program will again focus on two neighborhoods. One of the neighborhoods is north of Mid- Cities Boulevard, essentially in the middle section of the City and the other section is in the northwestern area of the City, north of Hightower Drive and south of Bursey Road. Staff is recommending these neighborhoods because there is a large concentration of street pavement deterioration. The street pavement condition ratings for the two neighborhoods meet the criteria established by staff for selecting streets for the Annual Preventive Street Maintenance Program. In addition to the streets in these two neighborhoods, there are various streets being recommended for an overlay or slurry seal that are not part of a targeted neighborhood. They are recommended based upon their low condition ratings, concerns from residents, motorists complaints, and/or the rate of pavement deterioration that is occurring. The streets recommended for an Overlay that are separate from the targeted areas are North Richland Boulevard, Oakland Lane, Caton Drive and Steven Street. The streets recommended for Slurry Sealing that are separate from the target areas are Green Castle Court and Windsor Court. Attached for your review are tables identifying all of the streets being recommended for an Asphalt Overlay, Slurry Seal, and Crack Seal. Maps are attached indicating the location of the streets in the City. Recommendation: Approve the 2011 Preventive Street Maintenance Program. NO.I STREET 1 EMERALD OAKS DRIVE, 3800 North Hills Drive - Haltom City( Limits 2 WEST CHASE DRIVE, 5600 -5743 Buenos Aires Drive - Cul -de -Sac 3 EMERALD HILLS WAY, $200-8800 Newman Drive - Boulevard 26 4 DALEVIEW TRAIL, 7000 Green Rid e Trail - VOndhaven Road DRIVE, 68+117 5 SHADYDAL 6 VNINOV ROAD 7000 7 oa iew terrace Hiqhtower Drive - Starnes Road 7 WINDNAVEN CUL-DE -SAC, 7309 Windhaven Road - Cul -de -Sac 8 SANDHURST LANE NORTH, 7400 Little Ranch Road - Sandhurst Lane East 9 HANOVER LANE, 7500 Dou ias Lane Lincoln Drive 10 CROSMBERS LANE, 7500 North Park Drive - Parkwood Drive 11 GREENLEAF COURT, 7600 -7608 Greenleaf Drive - Cul -de -Sac 12 BRANDI PLACE, 7600 -7680 Smithfield Road - Central Avenue 13 SABLE LANE, 7700 Cul -de -Sac - Cul -de -Sac 14 DORIS COURT, 7600 -7616 Holiday Lane - Cul -de -Sac 15" AMUNDSON DRIVE, 8300 -8400 Main Street - Amundson Road HARWOOD ROAD, 8200 16^ Right Hand Lane West Bound 17` HARWOOD ROAD, 8200 Rig Hand L ane East Bound Or TOTAL 18 EMERALD OAKS DRIVE, 3800 Haltom City Side *Sub -Grade Stabilization 600 x 27 CITY OF NORTH RICHLAND HILLS 30,601 PUBLIC WORKS DEPARTMENT 2 INCH HMAC OVERLAY BY CITY STAFF 32,40 YEAR 2011 1.351 L r 10'rAL ACC 2 HIM A WIDTH I SQUAREI TOTAL OVER $31,470 YARDS $22,252 COS 160 x 27 480 480 $2,99 1,800 x 27 5,958 6,438 $36,53 2,000 x 37 8,222 14,660 $50,3 900 x 27 2,979 17,639 $18,29 754 x 27 2,250 19,889 $13,86 2,700 x 27 8,100 27,989 $50,1 75 x 64 533 28,522 $3.34 600 x 27 2,079 30,601 640 x 27 - 1,800 32,40 384 x 32 1.351 33.752 90 x 27 828 1, DOD x 27 3,000 1,270x27 4,926 180 x 27 1,098 1, 590 x 22 3,886 300 x 12 400 304 x 12 400 6.45 48,290 Lane Miles 4:: =0 34,580 C LAY T 4 4 60 2 2 60 4 $12,790 $11,204 $8,364 $5,602 SUBGRAUE iR I U CAL CURBIGUTTER I ESTIMATED COST COST $4,242 $7,236 $12,456 $48,990 $12,559 $62,919 $27,198 $45,490 $14,299 $28,161 $87,804 $137,964 $2,970 $6 „314 $31,470 $44,260 $22,252 $33,495 $10,627 $18,987 $7,345 $12,947 ACCUIVIULA'I IV'E I� COST TOTAL $7,236 $56,226 $119,145 $164,635 $192,796 $330,750 $337,074 $381,334 $414,830 $433,817 $446,764 37,580 $18,382 $13,858 $32,240 $479,004 42,546 $30,882 $54,131 $80,813 $559,817 43,604 $7,024 $9,626 $16,652 $576,469 47,490 $35,748 $29,964 $65,712 $642,181 47,890 $7,374 $5,520 '$13,894 $666,075 48,290 $7,374 $3,746 $11,122 $667,197 48,290 $320,086 $347,111 $66` 7 $W ' 1q'7 420 $2,844 $330 $3.174 1 inch = 4,000 feet NO STREET r _ 1 3. EhtLl I ._ xn i.c . fA600 4. DALE', 5. SHADYDALE D 1 i )D 6. WINTTN,SVEN F 00 t 7. WII`T _ L`l"ITN C L . 4 y yy �� 9 c . 0.'1 �'�.. �>,wT _; � L _ ���_.I�r� 7400 ry 91 L F, I 14 10. 11. GREMNLEAF D 18 12_ BKANDIPLACE 76 `-0 5 13. SABLE LANE, 7700 14. DORIS COURT, 76W-7616 a 15. AM iP DSON DRIVE, WCO 'r � 16. HARM OD ROAD, 8200 4 � PUGHT HAND LANE WEST 30UND) 17. HAR OxDDn ROAD, sab � yy �y - A W (RIGHT HAND LAND EAST BDUI+TD) L i -; M11�Tl't X /3 a rr�+. 3-3-2011 2011 2 -inch H MAC Overlay VT CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT 2011 SLURRY SEAL STREET LISTING LWIDTH TOTAL SLURRY TOTAL _- A COST NOI STREET I I SQUARE I ESTIIM I TOTAL � - $SEALY $ - T 1 GREEN ACRES DRIVE, 6200 1 x 27 3,9401 $10,452 $10,452 $14,452 Rufe Snow Drive - Crosstimbers Lane 2 WINDHAVEN COURT, 7200 50 x 27 708 51,897 $1,897 $12,349 Win dhaven Cou rt - Cul- de-Sac 3 SHADY HOLLOW COURT, 7400 330 x 27 1,548 54,149 $4,149 $15,498 Starnes Road - Cul-de -Sac 4 INWOOD DRIVE, 6700 1,200 x 27 3.640 59,648 $9,648 $26,146 Rufe Snow Drive - Crosstimbers Lane 5 OLD MILL ROAD, 6900 700 x 27 2,100 $5,628 $6,628 $31,774 Grosstimbers Lane - Westem Oaks Drive 6 ROLLING RIDGE DRIVE, 6800 444 x 27 1,200 $3,216 $3,215 $34,990 Western Oaks Drive - Dead End 7 SABLE DRIVE, 6600 184 x 27 1,498 $2,943 $2,943 $37,933 Bra ndi Place - Sable Lane 8 STEWARD LANE, 7440 454 x 27 4,350 $11 $11,658 $49,591 Holiday Lane - Little Ranch Road 9 DORCHESTER TRAIL, 6300 1,700 x 27 5,100 $13,558 $13,668 $53,259 Sudbury Way - Little Ranch Road 10 - SANDHURST LANE, 6400 900 x 27 2,700 57,236 $7,236 $70,495 Sandhurst Lare South - Sandhurst Lane North 11 LITTLE RANCH ROAD, 6300 1 x 27 4 $12,060 $12,060 $82,555 Mid- Cities Boulevard - Sandhurst Lane North „500 12 SEAN DRIVE, 7400 1,100 x 27 3,300 58,844 $8,844 $91,399 Little Ranch Road - Holiday Lane 13 STACI COURT, 7700 80x 27 798 52,139 $2,139 $93,537 Brandi Place - Cul -de -Sac 14 MAIN STREET, 7800 500 x 27 1,500 S4,020 $4,420 $97,557 Smithfield Road - Dead End 15 CIMARRON DRIVE, 7500 1,050 x 20 2,333 $5,252 $6,252 $103,810 Douglas Lane - Lincoln Drive 16 GREEN RIDGE TRAIL, 7000 1,300 x 27 3,D00 $10,452 $10,452 $114,262 Hightower Drive - Windhaven Road 17 GREENLEAF DRIVE, 6800 1,631 x 27 4,893 $13,113 $13,113 $127,375 Rufe Snow Drive - Douglas Lane 18 ELM COURT, 8300 310 x 27 1,488 $3,988 $3,988 $131,363 Davis Boulevard - Cul- de-Sac TOTAL 6 I M I 49,016 S131 „363 I $131,363 I $131,363 Lane M . iles J I NO 1 inch = 4,000 feet 1. GREEN ACRES DRIVE, 6200 2. WINDHAVEN COURT, 7200 I SHADY FOLLOW COURT' 7400 4. IN` OOD DRPE, 670D & OLD Mg-L ROAD, 6900 6. R-OLLING RIDGE DRIVE, 6900 7. SABLE DRIVE, 6600 R. STT%VkSRDLA.NE, 7 40 0 9. DORCHESTER TRAIL, 6300 10. SANDFICIRST LANE, 64CO 11. LITTLE RANCH ROAD, 6300 12. SEAN DRIVE, 7400 13. M, ci COLTRT, 77M 14. WsIN STREET, 'i00 15. CJLLI.RFrt..j " :F. ? l 3 x liqL I - A M M I e , s 1-4 In a 3-3 -2011 2011 SLURRY SEAL CITY OF NORTH RICHLAND HILLS PUBLIC WORKS DEPARTMENT CRACK SEAL LISTING YEAR 2011 No, Street Length! Square I Width I Yards 1 Meadowview Terrace., 7600-7700 1,300 x 27 3,900 Greenleaf Drive - Hicko Hollow Ln Hanging Cliff Place, 710 2 1,500 x 27 4,500 VVindhaven Road - Windhaven Road Ridgetop Road, 6700 3 Rule Snow Drive - Crosstirnbers Lane 1,350 x 27 4,050 4 'Windcrest Court, 7200 200 x 27 600 Windcrest Lane - Cul -de -Sac 5 Meadowview Terrace, 7400 -7520 1,400 x 27 4,200 Starnes Road - Greenleaf Chive 6 Moss Lane, 6700.6800 2,700 x 27 8,100 Rule 'Snow drive - Doualas Lane 7 Connie Court, 7600 200 x 27 600 Holiday Lane - Cul- de-Sac 8 April Court, 7600 200x 27 600 Holiday Lane - Cut- de-Sac April Lane, 7500 9 600 x 27 1,800 Holiday Lane - Mark Court 10 Dana Lane, 7400 -7500 11,150 x 27 3,450 i Little Ranch Road - Holiday Lane 11 Jennifer Lane, 7700 750 x 27 2,250 Brandi place - Central ,Avenue 12 St. Patrick Street, 8200 802 x 27 2,406 Newman Drive - Cork Lane i 13 Connie Lane, 7600 560x 27 1,680 Holiday Lane - Mark Court 14 Shady Hollow Lane, 7300 798 x 27 j 2,394 Starnes Road - Windcrest Court 15 Windcrest Lane, 7200 -7500 1,215 x 27 I 3,645 Shady Hollow Lane - Starnes Road Parkway Avenue, 6500- 9000 16 Crane Road - Mein Drive 560 x 22 . 1,369 17 Valley View Drive, 6600-9000 1,164 x 22 2,845 Crane Road - Martin Drive I 18 Riviera Drive, 7200 -7400 1,585 x 27 4,755 Ken Michael Court - Holiday !Lane 19 Cummings Drive, 4300 -4400 1,02.0 x 27 3,060 Blaney Avenue - Turner Terrace 20 Carol Court, 4900 780 x 27 2,340 Reynolds Road - Corona Drive 21 Daley Avenue, 4100 710 x 27 I 2,130 Glenview Drive - Blaney ,Avenue 22 Harrell Street, 4800 770x 27 2,310 Marilyn Lane - Corona Drive 23 Marilyn Lane, 7000 570 x 27 1,710 !lance Road - Reynolds Road TOTAL: I I Lane Miles 1 1 inch = 4,000 feet NO STREFT I- OWVIEW TERRACE, 7600-7700 1 f[ -, lNGCL7FFFLACE,71D0 3. L -' APL 6700 4. 71 T -: 0 UR.T, 700 5. 7400 -7520 6. 670(-680D 7. 14 - - - OURT, 7600 B. 2d &L COURT, 7600 9- APRIL LAIJF, 75M 10. LA° F, '500 14. 3l L— K L LOW L_ TE, Y3 15. _.:.0 .r-00 16. PA:R)ClA,7 -.-X; -q000 17. '5100-9000 18. RIVIERA DRIVE, T2 0 LOO 19, CUIZU11TGS D?d 3W-4400 20. CAROL COURT, 4900 21, DALEY AVENUE, 4100 22. HARRELL STREET, 4900 23, MAR. =N LANE, 7000 RH l a d 3-3-2011 2011 CRACK SEAL, LISTING 9U--w CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7 -11 -2011 Agenda No. F.0 Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7 -11 -2011 Agenda No. F.1 Subject: GN 2011 -049 Appointments to Boards & Commissions Summarv: Council is being asked to approve the nominations to the Boards & Commissions. General Descrir)tion: The terms of office for the individuals serving on the Boards and Commissions in Places 1, 3, 5 and 7 have expired. The Alternate who has been serving on the Park and Recreation Board is being recommended for appointment to Place 1 creating a vacancy in the alternate position. For the boards listed below, Chapter 2, Article III, Section 2- 121 c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Place 1 Place 3 Place 5 Board of Adjustment Place 1 Place 3 Place 5 Library Board Place 1 Place 3 Place 5 Dianne Spradling Justin Welborn Donah Tyner Jim Kemp Robert Housewright Thomas Duer Don Tipps Mary Shilcutt Avis Crisp Park and Recreation Board Place 1 Tracye Tipps Place 3 Brad Greene Place 5 Marty Kusmierski Alternate Paul Pena Planning & Zoning Commission and Capital Improvement Advisory Committee Place 1 Mark Haynes Place 3 Don Bowen Place 5 Dianna Madar Substandard Building Board Place 1 Gary Cope Place 3 Deryl Brown Place 5 John Larriviere Teen Court Advisory Board Place 1 Dillon Barth Place 3 Ronald Moore Councilman Whitson will be submitting his Place 5 nomination to the Teen Court Advisory Board at a future council meeting. Councilman Welch will be presenting his nominations for Place 7 appointments at an upcoming Council meeting. The terms of office for Places 1, 3, and 5 will expire June 30, 2013 and the term of office for the appointment to the alternate position will expire June 30, 2012. Recommendation: Take action on City Council member nominations to the Boards & Commissions. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council (Meeting Date: 7 -11 -2011 Agenda No. F.2 Subject: GN 2011 -050 Appointments to the Animal Adoption and Rescue Center Committee- Places 1, 2 and 3 Summary Council is being asked to consider three Rescue Center Advisory Committee. appointments to the Animal Adoption and General Descrir)tion The individuals serving in Places 1 and 3 on the Animal Adoption and Rescue Center Advisory Committee terms of office expired on June 30 and the Place 2 position is vacant. The ordinance establishing the Board states that the appointment to Place 1 shall 'be a licensed veterinarian, Place 2 shall be a city official and Place 4 shall be an individual whose duties include the daily operation of the City's Adoption and Rescue Center. Currently serving in Place 1 is Jed Ford, a licensed veterinarian, and Place 3 is JoAnn Stout, Director of Neighborhood Services. The Place 2 position was vacated by former Councilmember John Lewis. The Place 1 and 3 positions' terms of office will expire June 30, 2013 and the Place 2 position's term of office will expire June 30, 2012. Recommendation To appoint a licensed veterinarian to Place 1, a city official to Place 2 and a person whose duties include the daily operation of the City's Animal Adoption and Rescue Center to Place 3. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7 -11 -2011 Agenda No. F.3 Subject: GN 2011 -051 Appointment of Board Delegate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2 Summarv: With the recent City Council election, the city has one vacant seat on the Board of Directors of Reinvestment Zone No. 1 and Reinvestment Zone No. 2. The City Council is being requested to appoint a City Council Member to fill the seat vacated by former Councilmember John Lewis. General Description: The Bylaws of Reinvestment Zone No. 1 state that the nine - member Board is to consist of five members appointed by the City Council. Council Members currently serving on this board are Mayor Trevino, Councilman Whitson, Councilman Turnage and Councilman Welch. The Bylaws of Reinvestment Zone No. 2 state that the nine - member Board is to consist of six members appointed by the City Council. Council Members currently serving on this board are Mayor Trevino, Councilman Sapp, Councilman Whitson, Councilman Turnage and Councilman Welch. Initially when the Reinvestment Zones were created, First Southwest Company, the City's Financial Advisor, recommended that the City's Board Members include elected officials of the City. Council also agreed to appoint the same Council Members to Reinvestment Zones No. 1 and 2 with the exception of the one extra member on Reinvestment Zone No. 2. The Council Member appointed to fill these vacancies will serve until October 2011 at which time all board members terms will expire. Recommendation: To appoint a member of the City Council as North Richland Hills' delegate to Reinvestment Zone No. 1 and Reinvestment Zone No. 2. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7 -11 -2011 Agenda No. F.4 Subject: GN 2011 -052 Appointments to Red Light Camera Advisory Committee Summarv: Council is being asked to approve the annual appointments to the Red Light Advisory Committee. General Description: In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article K of Chapter 54. The Mayor and Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2011. Mayor Trevino Mike Witt Mayor Pro Tern Barth Steve Koons Councilman Rodriguez Bob McCary Councilman Sapp Scott Wood Councilman Lombard Scott Eager Councilman Whitson Gerald Tyner Councilman Turnage Pam Hansen Councilman Welch will be presenting his appointment to the Red Light Camera Advisory Committee at an upcoming Council meeting. Recommendation: Approve the appointments to the Red Light Advisory Committee submitted by Mayor and Council, term expiring June 30, 2012. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Dave Pendley Council Meeting Date: 7 -11 -2011 Agenda No. F.5 Subject: GN 2011 -053 Appointments to Construction Code of Appeals Summarv: The terms of office for the board members serving in Places 1, 3, 5 and 7 on the Construction Code of Appeals Board expired June 30, 2011. Section 98 -42 of the North Richland Hills Code of Ordinances states that appointments to the Construction Code of Appeals Board are recommended by City staff and appointed by City Council. Appointments to this board must meet the requirement of technical expertise in the construction fields. At least one member must be a registered master electrician, one member a state licensed master plumber, one member a master mechanical contractor and all others familiar with construction. Current Board members not up for reappointment include Kurt Cameron (Local Builder) Place 2, Lynn Motheral (Local Builder) Place 4 and Lloyd Robinson (Master Plumber) Place 0. The Building Inspection Department is recommending the reappointment of Joe Crane to Place 1 (served since 1987), Robert Nichols, P.E. to Place 3 (served since 2007), John Klein to Place 5 (served since 2005), and W.D. "Mac" McCarthy to Place 7 (since 2001). All nominees for appointment meet the technical requirements of the ordinance. Nominees: Place 1 Joe Crane (Master Electrician) Place 3 Robert Nicholas (Structural Engineer) Place 5 John Klein (Architect) Place 7 W.D. McCarthy (Master Mechanical Contractor) Recommendation: To reappoint Joe Crane to Place 1, Robert Nichols to Place 3, John Klein to Place 5, and W.D. McCarthy to Place 7, with all terms expiring in June of 2013. CITY OF NORTH RICHLAND HILLS Department: Police Council (Meeting Date: 7 -11 -2011 Presented by: Andy Kancel Agenda No. F.6 Subject: GN 2011 -054 BJA Justice Assistance Grant Program Local Award - Resolution No. 2011 -026 Summarv: The Police Department is seeking authorization to pursue grant funds available under the 2011 Bureau of Justice Assistance Grant (JAG) program for local solicitation. The funds from this grant will be used to enhance officer safety and the safety of our citizens through an advanced force simulation training program. The City of North Richland Hills will receive $18,337, and there is no requirement for a cash match under the terms of the program. General Descrir)tion: Grant funds under the 2011 JAG program have been allocated to assist in funding law enforcement programs in the City of North Richland Hills for local solicitation. To receive the grant funds, the City of North Richland Hills, other cities in the County and Tarrant County are required to file a joint application after negotiating the sharing of funds with Tarrant County. The City of Fort Worth has agreed to act as the official filing agent for the said cities and Tarrant County. The municipalities involved agreed to confer 16% of their total allocated funds to Tarrant County to satisfy the disparate certification imposed on the group by the Texas Attorney General. Under the terms of the (Memorandum of Understanding, the City of North Richland Hills will receive $18,337 in grant funds. There is no requirement for a cash match under the terms of the JAG program. The police department plans to use the funds to enhance officer safety through an advanced force simulation training program known as FX Simunitions, which will: • Provide for purchase of marking cartridges, training devices, and safety equipment; • Allow for an immersive and dynamic force - scenario training program; • Provide officers with stress inoculation and judgmental use -of -force training; and • Limit risk and liability by developing enhanced physiological preparedness and predictive responses in deadly force situations through the FX Simunition training. The attached resolution will authorize application for the grant and appoint the Public Safety Director as the agent to act for the City relative to the grant. Recommendation: Approve Resolution No. 2011 -026 MRH RESOLUTION NO. 2011 -026 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for and the DOJ Justice Assistance Grant (local disbursement) and make appointments for the conduct of business relative to Grant #BJA -2011 -3031; and WHEREAS, The City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that we request the funds available under this Grant; and WHEREAS, The City Council of North Richland Hills agrees that in the event of loss or misuse of the DOJ Grant funds, The City Council of North Richland Hills assures that the funds will be returned to DOJ in full; and WHEREAS, The City Council of North Richland Hills designates Public Safety Director Jimmy Perdue as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant application for the DOJ Justice Assistance Grant and make appointments for the conduct of business relative to Grant #BJA -2011 -3031. F-11 L , 1111119 131:1911111;1 *Y6] A ►14111 PASSED AND APPROVED this the 11th day of July, 2011. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary FA U U Z;161 ►1=I ONIT -lt 11011;191 N k ►,1;1► I Blip xH-1 41 cis George A. Staples, City Attorney FAUU Z;161 ►1=1ONIT- ltCOX9161►10=1►16 Jimmy Perdue, Public Safety Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 7 -11 -2011 Agenda No. G.0 Subject: EXECUTIVE SESSION ITEMS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council (Meeting Date: 7 -11 -2011 Presented by: Agenda No. G.1 Subject: Action on Any Item Discussed in Executive Session Listed on Work Session Agenda CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 7 -11 -2011 Agenda No. H.0 Subject: INFORMATION AND REPORTS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -11 -2011 Presented by: Mayor Pro Tern Tim Barth Agenda No. H.1 Subject: Announcements - Mayor Pro Tern Barth Announcements The North Richland Hills Office of Emergency Management and the NRH Amateur Radio Club invite area residents to earn their entry -level radio license. Training will be held from 6:30 p.m. to 10 p.m. on Wednesdays starting July 13th and continuing through August 3rd. The cost is $38. For additional information, please call 817-427 - 6969. Dive -in Movies continue on Friday nights at NRH2O. Join us on July 15 for "Jaws" and July 22 for "How to Train Your Dragon." Dive -in Movies are free with paid admission to the park. For more details, please call 817 - 427 -6500. Learn CPR and save a life! The North Richland Hills Fire Department conducts CPR training classes once each month. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, July 23rd. The cost is $25. The class is American Heart Association approved and participants will receive a Certification Card. To sign up or get more information, please call 817- 427 -6900. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Dave Pendley and Gary Taylor, Planning & Development Department — A resident e- mailed thanks to Dave and Gary for the information and assistance they provided. She had contacted the city planning offices with some questions and concerns about the building codes for a construction project. Dave and Gary took time to meet with her and all issues were resolved expeditiously. She said appreciates all that they do for the community. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council (Meeting Date: 7 -11 -2011 Agenda No. H.2 Subject: Adjournment