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HomeMy WebLinkAboutCC 2012-06-11 Agendas CITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 11, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Proposed Changes to the Nuisance Ordinance (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, 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) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 8, 2012 at v� � a.m. 1 1 ), � � E — soistant 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 — June 11, 2012 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, June 11, 2012 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 Rodriguez A.2 Pledge - Councilman Rodriguez A.3 Special Presentation(s) and Recognition(s) 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 the 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 May 14, 2012 City Council Meeting NRH City Council Agenda — June 11, 2012 Page 2 of 4 B.2 Approval of Minutes of May 21, 2012 City Council Meeting B.3 GN 2012 -042 Consideration of Revisions to Landscape Regulations — Ordinance No. 3204 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 SUP 2012 -01 Clarification of City Council vote for a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Browning Drive - Ordinance No. 3200 E.0 PUBLIC WORKS E.1 PW 2012 -013 Approve the First Amendment to the City / Developer Agreement for the DJ Anderson Addition, Block 1, Lots 1 - 4 E.2 PW 2012 -014 Approve the 2012 Preventive Street Maintenance Program E.3 PW 2012 -015 Award of Project RFB No. 12 -020 to Stabile & Winn, Inc. in the Amount of $347,841.00 for the Construction of the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) EA PW 2012 -016 Award of Project RFB No. 12 -022 to McClendon Construction Company, Inc. in the Amount of $1,192,544.05 for the Construction of the Trinidad Drive (Rufe Snow Drive to Holiday Lane) Street Improvements Project (ST0909) F.0 GENERAL ITEMS F.1 GN 2012 -044 Approve Resolution to Authorize Investment Officers - Resolution No. 2012 -022 F.2 GN 2012 -045 Approve the Amendment to the Iron Horse Golf Course Management Agreement with Eagle Golf F.3 GN 2012 -046 Renew Annual Contract for 2012 Audit Services with Deloitte and Touche, LLP F.4 PU 2012 -017 Approval of Agreement with the Todd Company for an Amount Exceeding $50,000 G.0 EXECUTIVE SESSION ITEMS NRH City Council Agenda — June 11, 2012 Page 3 of 4 G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 8, 2012 at a.m. „ n \ ni A ijslkant 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 — June 11, 2012 Page 4 of 4 CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 11, 2012 6:04 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Proposed Changes to the Nuisance Ordinance (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071, 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) C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 8, 2012. 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 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 11, 2012 7:04 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 Rodriguez A.2 Pledge - Councilman Rodriguez A.3 Special Presentation(s) and Recognition(s) 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 the 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 May 14, 2012 City Council Meeting B.2 Approval of Minutes of May 21, 20112 City Council Meeting B.3 GN 2012 -042 Consideration of Revisions to Landscape Regulations — Ordinance No. 3204 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 SUP 2012 -01 Clarification of City Council vote for a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.0127 acres at 6401 Browning Drive - Ordinance No. 3200 E.0 PUBLIC WORKS E.1 PW 2012 -013 Approve the First Amendment to the City / Developer Agreement for the DJ Anderson Addition, Block 1, Lots 1 - 4 E.2 PW 2012014 Approve the 2012 Preventive Street Maintenance Program E.3 PW 2012 -0115 Award of Project RFB No. 12 -020 to Stabile & Winn, Inc. in the Amount of $347,841.00 for the Construction of the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) EA PW 2012 -016 Award of Project RFB No. 12 -022 to McClendon Construction Company, Inc. in the Amount of $1,192,544.05 for the Construction of the Trinidad Drive (Rufe Snow Drive to Holiday Lane) Street Improvements Project (ST0909) Iffl =e3:1101 00019:11►IFit- F.1 GN 2412 -044 Approve Resolution to Authorize Investment Officers - Resolution No. 2012 -022 F.2 GN 20112 -045 Approve the Amendment to the Iron Horse Golf Course Management Agreement with Eagle Golf F.3 GN 2012046 Renew Annual Contract for 2012 Audit Services with Deloitte and Touche, LLP FA PU 2012 -017 Approval of Agreement with the Todd Company for an Amount Exceeding $50,000 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 8, 2012. 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 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State 'Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, June 11, 2012 6:00 P.M. A.0 Discuss Items from Reaular Citv Council Meeting A.1 Proposed Chanaes to the Nuisance Ordinance (20 Minutes) B.0 EXECUTIVE SESSION - The Citv 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 Attornev regardinq Pendinq Litiqation - 1) State of Texas v. Citv of North Richland Hills (No. 2011- 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011- 000462 -1) C.0 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. A.1 Proposed Changes to the Nuisance Ordinance (20 Minutes) Presenter: Joann Stout, Neighborhood Services Director Summarv: Staff has been looking at ,possible changes to the Nuisance Ordinance to address some of the issues brought up by council members and continual issues we see on the day to day occurrences of enforcement. Staff has presented the proposed changes to the Development Review Committee, the city prosecutor and also gained input from the directors of all the departments. These recommended changes will be presented to you for discussion and further recommendations from council. Three (3) new definitions have been added for clarification: 1. Brush — shall mean scrub vegetation, tree trimmings, shrubs or dense undergrowth. (By adding this definition, it will allow the code officers to require homeowners to maintain under their bushes and trees where there is thick undergrowth). 2. Filth — shall mean any matter in a putrescent state. 3. Rank Profusion — means any vegetation, brush, bush or free that is allowed to grow in such a manner that it could damage buildings or structures or block ingress and egress or become a rodent harborage. (This definition accompanied with the amended "high grass" section will require all vegetation and undergrowth to be maintained, if it has grown beyond what is reasonable). Under the section of ordinance which identifies "specific nuisances ", staff as added some new section, but also clarified some exiting nuisances for easier interpretation: 1. Any building, swimming pool, sign or any other structure for which a permit is required by ordinance which is erected, moved, expanded or in any other way altered without first obtaining a permit is a violation. (The code officers currently are referencing the building code.) 2. The act of sweeping, blowing or depositing any trash, brush, paper, grass clipping, rubbish or any other matter onto any public thoroughfare or other public place is a violation. 3. Missing or deteriorated slats must be replaced and consistent with the same material and height, including posts, of existing fence. No fence shall be constructed of sheet/corrugated metal, plywood, unfinished concrete masonry unit block, or materials not manufactured or designed for the primary purpose of fence construction. (This will require property owners who replace or repair their fence to use materials approved for fencing and if slats are replaced, they need to be the same style and height of the existing fence. We are currently requiring this but adding it to the ordinance will give us more clarification. Staff is also preparing an amendment to the Fence Ordinance that will require a fence to be contiguous along the property line in which it is erected. This will eliminate a person leaving a section of the fence out for access and will require them to add a gate.) 4. A person commits an offense if the person places or maintains a clothesline in the front yard or side yard of any residentially zoned property. If the clothesline is located in the side yard it must be screened from public view. 5. A person commits an offense if the person accumulates or allows the accumulation of materials or items stored on rooftops or porches of buildings when visible from the public right -of -way or neighboring property. 6. Permitting brush, bushes, trees or vegetation to grow in rank profusion. (This in conjunction with the new definition of "rank profusion" will require all trees, brush, bushes and vegetation to be maintained. Enforcement will only take place if the vegetation has grown beyond what is considered reasonable or in rank profusion.) 7. Allowing poison ivy, poison oak or any poisonous plant to grow onto adjacent property or onto public property. (Staff currently does not regulate the types of plants that one can grow but we felt the addition of this section would protect the public and adjoining neighbors from dealing with poisonous plants.) 8. Girt moving or disturbing activities which cause an unreasonable amount of excessive dirt or dust particles to become airborne and travel onto adjacent properties is a violation. When such activity occurs under the auspices of an active building or construction permit, the terms of the permit may be revised or the permit may be revoked until such time that the nuisance is abated. (This new requirement will make builders, contractors, drilling rigs and any other earth moving activity to put measures in place to keep the dirt and dust to a minimum.) 9. The proposed amendment to the junk vehicle ordinance better clarifies by definition what inoperable, wrecked and dismantled or partially dismantled vehicles are and vehicles not subject to state motor vehicle inspections such as off -road vehicles, race cars, dirt track vehicles, golf carts, watercraft, all- terrain vehicles and aircraft. Dismantled, partially dismantled or wrecked vehicle is one that cannot pass a state motor vehicle inspection. A junked vehicle is one that has met the 72 consecutive hour for vehicles on public property or 30 consecutive days for vehicles on private property, which is wrecked, dismantled or partially dismantled and displays an expired license plate or invalid motor vehicle inspection certificate or does not display a valid current license plate and a valid current motor vehicle inspection certificate, whether the car is covered by a tarr) or not. If a vehicle is covered with a tarp, the code officer has the ability to obtain an administrative warrant to look under the tarp to make sure the vehicle, by definition, is not a wrecked, inoperable or junk vehicle. This will give the code officers the ability to resolve several vehicles that are sitting in driveways and have not moved in years. 10. The current ordinance specifies that a violation occurs when grass, weeds or any ,plant that is not cultivated, is allowed to grow to a greater height than 10 inches on average and will require a property owner to edge the sidewalk and curb line should the grass grown in rank profusion and become a safety issue while walking on the sidewalk or when the grass grows beyond the curb and begins growing into the street.. The proposed amendment will delete the "on average." The purpose for the removal of "on average" is so that any section of yard that has weeds growing above 10 inches and does not equal fifty percent of the yard over 10 inches, but becomes an eyesore, will be required to be mowed. It will also add a section that specifically requires the proper keep of all bushes, trees and vegetation. In drought conditions, or any other hazardous condition, the fire marshal may require any grass, bush, tree or vegetation to be removed. Staff has looked at the recommended changes for a few months and believes that these changes will address most of council's concerns, as well as, giving the code officers more clarification and definition in identifying and enforcing the ordinance. PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY ARTICLE II. - PUBLIC NUISANCES GENERALLY [47] {47} State Law reference— Abatement of public nuisances, V.T.C.A., Health and Safety Code § 343.001 et seq. Sec. 34 -31. - Declaration of public nuisance and violation in general. Sec. 34 -32. - Definitions. Sec. 34 -33. - Specific nuisances. Sec. 34 -34. - Designation of enforcement officer. Sec. 34 -35. - Enforcement authority and liability. Sec. 34 -36. - Riaht of entrv. Sec. 34 -37. - Notice of violation. Sec. 34 -38. - Service of notice of violation. Sec. 34 -39. - Twentv- four -hour abatement under certain circumstances. Sec. 34 -40. - Remedies. Sec. 34 -41. - Contracting for abatement. Sec. 34 -42. - Recovery of costs. Secs. 34- 43- 34 -70. - Reserved. Sec. 34 -31. - Declaration of public nuisance and violation in general. Any real property, building, or portion thereof, or the premises, including a vacant lot, in which there exists a condition not in compliance with this division shall be deemed and is 'hereby declared to be a public nuisance and shall be a violation of this article and shall be subject to the penalty clauses of this Code. (Code 1975, § 15 -24) Sec. 34 -32. - Definitions. Terms, words, phrases and their derivatives used, but not specifically defined in this division, shall have the meanings defined in Webster's New Collegiate Dictionary. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. For purposes of this division, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: Brush shall mean scrub vegetation, tree trimmings, shrubs or dense undergrowth. Debris means all putrescible and nonputrescible solid wastes, including garbage, trash, litter, North Richland Hills, Texas, Code of Ordinances Page 1 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY junk, dead tree limbs or brush, rubbish, rubble, debris, ashes, wreckage, street cleanings, dead animals, abandoned or inoperable household appliances, moveable furniture and/or appliances not designed for or modified to withstand the elements and outdoor use, and industrial wastes. Enforcement officer means the chief of police, code enforcement compliance officer, consumer health inspector or their designated representatives, charged with any enforcement and administration of this article. Exterior property area means the open space on the premises and on adjoining property under the control of the owner or agent of such premises. Filth shall mean any matter in a putrescent state. Fireworks means any sparkler, rocket, fire cracker, roman candle, torpedo or any other substance in whatever combination used to obtain a visible or audible pyrotechnic display and shall include all articles or substances with the commonly accepted meaning of the word "fireworks." Garbage means all putrescible waste, except body waste, including animal and vegetable waste resulting from handling, preparation, cooking, storage or consumption of food. Graffiti means the unauthorized application of paint, ink, chalk, dye or other similar substance, or other inscribed or engraved material on public or private structures located on publicly or privately owned real property within the city. Inoperable vehicle means a vehicle that is rendered temporarily or permanently inoperable due to conditions such as, but not limited to, flat tire or tires, missing tires or wheels, partially wrecked or dismantled, in a state of disrepair or otherwise unserviceable or not driveable. Inspection means the examination of property by the enforcement officer or his authorized representative for the purpose of evaluating its condition as provided for in this article. Organism means a plant or animal Owner means any person, agent, firm, corporation, association or other entity having legal or equitable interest in a property as shown on the most recent tax roll. Person means any person, agent, firm, corporation, association or tenant. Public nuisance means any act, condition or thing existing, done or in being, which act, condition or thing endangers the peace, property, health, and safety of the citizens of the city. Putrescible means capable of becoming putrid, rotten, foul and offensive. Rank Profusion means any vegetation, brush, bush or tree that is allowed to grow in such a manner that it could damage buildings or structures or block ingress and egress or become a rodent harborage. Rubbish means all nonputrescible wastes including, but not limited to, debris, tin cans, bottles, North Richland Hills, Texas, Code of Ordinances Page 2 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY papers, grass and weed cuttings, brush, leaves, paper boxes, wood or building materials and tree limbs generally not exceeding three feet in length and generally not exceeding a weight of more than 50 pounds. Rubble means solid waste larger and heavier than rubbish, including but not limited to, discarded appliances and furniture, large tree limbs, discarded fences, generally exceeding three feet in length and 50 pounds in weight. Tenant means any person, agent, firm, corporation, or association who occupies a property or premises and who is not the owner. Vector means an organism that carries pathogens from one host to another. Vehicle means any motor vehicle subject to registration under the Certificate of Title Act (Vernon's Ann. Civ. St. art. 6687 -1) and also shall include, but not be limited to, trailers, recreational trailers, camper tops, boats and boat trailers or any associated body or mechanical parts. Yard, front, means the area extending across the entire width of the lot and situated between the front lot line and the most extreme front corners of the building, or, in the absence of a building, the area extending across the entire width of the lot to the front building setback line. Yard, rear, means the area extending across the entire width of the lot and situated between the rear lot line and the most extreme rear corners of the building, or in the absence of a building, the area extending across the entire width of the lot to the rear of the rear building setback line. Yard, side, means the area extending between the side lot line and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line and extending from the front yard to the rear yard. This definition does not apply to a side yard adjacent to a street of corner lots. Yard, side, adjacent to a street, means the area extending between the side lot line adjacent to a street and the nearest and most extreme side corners of the building or, in the absence of a building, the area extending to the side yard building setback line adjacent to a street and extending from the front yard to the rear property line. (Code 1975, § 15 -25) Cross reference— Definitions generally, § 1 -2. Sec. 34 -33. - Specific nuisances. Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: (1) Maintaining the exterior property area or any structure which is not reasonably free from holes and excavations, sharp protrusions, and other objects or conditions which might North Richland Fulls, Texas, Code of Ordinances Page 3of11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY be a potential cause of personal injury to the occupants or to the public (2) Maintaining any cellar, vault, well, drain, sewer or septic tank, which presents a potential injurious threat to the health or safety of the public. (2a) Any building, swimming pool, sign or any other structure for which a permit is required by ordinance which is erected, moved, expanded or in any other way altered without first obtaining a permit. (2b) The act of sweeping, blowing or depositing any trash, brush, paper, grass clippings, rubbish or any other matter onto any public thoroughfare or other public place. (3) Maintaining a fence or screening wall in a manner that constitutes a public hazard to persons or property. All fences shall be maintained reasonably plumb and structurally sound. Any fence or screening wall that is severely deteriorated and constitutes a public hazard to persons or property or is 15 degrees or more out of plumb shall be repaired, replaced or removed. Missing or deteriorated slats must be replaced and consistent with the same materia and height, including post of existing fence. No fence shall be constructed of sheet/corrugated metal, plywood, unfinished concrete masonry unit block, or other material not manufactured or desig for the primary purp of fence con Exception: This section is not intended to require the removal of any screening device that is otherwise required by the comprehensive zoning ordinance. (4) Discharging of any sewage waste directly or indirectly onto the ground or into any stream, creek, waterway or other body of water. (5) Maintaining any sanitary plumbing fixtures and facilities not in compliance with the public health laws, ordinances, and regulations of the state, the county and the city. (5a) A person commits and offense if the person owns or is in control of property which has an overflowing septic tank or has sewage leaking from any pipes onto the premise. (5b) A person commits an offense if the person owns or is in control of property that contains a condition or place that is a breeding ground for rats, flies or cockroaches. (5c) A person commits an offense if the person owns or is in control of property and accumulates or allows the accumulation of materials in a composting pile or bin on such property in a manner that: (1) Breeds or allows the harborage of vectors; or (2) Creates an unreasonable and noxious odor. (5d) A person commits an offense if the person places or maintains a clothesline in North Richland Hills, Texas, Code of Ordinances Page 4 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY the front yard, side yard, front porch or any other structure of a residentially zoned property. (5e) A person commits an offense if the person accumulates or allows the accumulation of materials or items stored on rooftops or porches of buildings when visible from the public right of way or neighboring property.. (5d) Permitting brush, bushes, trees or vegetation to grow in rank profusion. (6) Permitting, maintaining or causing the emission of foul, offensive, noisome, nauseous, noxious or disagreeable odors repulsive to the physical senses of ordinary persons. (7) Permitting any land area, tank, alley, gutter, swimming pool, or open receptacle containing water, or a source of water to become stagnant, foul, nauseous, offensive or unpleasant, or provide harborage for mosquitoes, flies, or other insects. (8) Maintaining a swimming pool, hot tub, and their related accessory structures in an unsafe, unsecured, unclean, unsanitary, or unsound condition. (9) Permitting the accumulation or the dumping of garbage, rubbish, brush, rubble or debris, decaying vegetation, or to make nauseous, foul or putrid discharges, which provides a breeding place for insects or rodents which is offensive, tends to decay, become putrid, become offensive and odorous, or which renders the atmosphere impure or unwholesome and provides harborage for flies, mosquitoes, rodents, rats, snakes, or vermin. (1 0) Permitting the accumulation or the dumping of garbage, rubbish, rubble or debris, grass trimmings, building materials, building rubbish, discarded furniture, tree limbs, leaves, household waste items, ashes, household appliances, vehicle tires, scrap metal, or automobile parts on any private property and/or depositing the same onto any public right -of -way or private property. (10a) Permitting trees, brush and bushes to grow in rank profusion. All vegetation must be trimmed and maintained.. (11) Permitting the accumulation or the burial of rubbish, 'building material wastes, road material wastes, rubber tires, garbage, or refuse, or the depositing of any substance which is detrimental to the public health, safety or the dumping or burying of used motor oils or any other chemical substance which is not permitted by the state commission on environmental quality directly onto or into the ground. (12) Permitting a lawn irrigation system to spray or overflow water into a public street during periods of freezing weather when such water freezes and results in a potentially dangerous condition- or, permitting a lawn irrigation system to spray or overflow water during any periods regardless of the weather into a public street designated as C41J, M41J, M51-1, M41D, M61D, or P61D on the thoroughfare plan. (13) The expectoration of mucous, saliva, saliva mixed with tobacco products, remains of any chewed or partly chewed tobacco or snuff, or the remnant of any partially chewed or North Richland Hills, Texas, Code of Ordinances Page 5 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY smoked cigar upon any public sidewalk or upon the floor of any public building or public vehicle; or, the littering of any public place, public building or public vehicle with any tobacco products or with any tobacco product packaging. (14) The parking of an automobile, boat, trailer or any other type of vehicle on any public street, playground, park, athletic field, or schoolyard with any type of sign or writing on the vehicle, which offers the vehicle for sale. The parking of an automobile, boat, trailer, or any other type of vehicle upon any private property, including parking lots or driveways of residential or commercial lots with any type of sign or writing upon the vehicle which offers the vehicle for sale. The owner or person entitled to possession of any real property commits an offense by allowing the parking of a vehicle on the property that violates this article. Exception: It is a defense to prosecution under this article if the vehicle is offered for sale upon real property zoned for automobile sales or if the vehicle is offered for sale on private residential property and no more than two vehicles have been offered for sale from that property within any one calendar year. (15) The parking, standing or storage of any vehicle other than a recreational vehicle as defined by section 118 -724 of this Code in the yard with the exception of R -15 zoning rear yard adjacent to a street of residentially zoned or residentially used property. Exception: A vehicle may be parked or stored in the front yard, rear yard, side yard adjacent to a street or side yard provided it is parked on a hard paved surface of concrete or asphalt not less than nine feet by 18 feet, or at least of sufficient size to accommodate the horizontal area projected by the extreme limits of the vehicle. A vehicle may be parked or stored in the side yard, side yard adjacent to a street or rear yard provided it is screened from public view by not less than a six -foot tall solid fence. All parking spaces constructed for the purpose of abating this nuisance shall be constructed with a driveway adjoining an existing on -site driveway or with a driveway and approach adjoining a public right -of -way. (16) The parking, storing or standing of an inoperable vehicle. Exception: a. Each single - family or two- family residence is permitted to park not more than one inoperable vehicle that is awaiting repair for a period not to exceed 15 days. b. Each single - family or two- family residence may park or store not more than one inoperable vehicle provided the vehicle is screened from view in all directions by a permanent screening fence of masonry and/or wood of redwood, cedar or other wood material that is approved for outdoor applications, not less than six feet in height. (17) The distributing of any advertisements, circulars, handbills, printed or written announcements, upon any public right -of -way or within any public building or on any public grounds; between sunset and sunrise. In addition to the person distributing the printed North Richland Hills, Texas, Code of Ordinances Page 6 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY material the owner of the material and any persons who aids or abets in the distribution in violation of this section shall be deemed guilty of a violation of this article. Exception: The normal delivery of newspapers or solicited periodical subscriptions accepted by the willing owner of the private property. (18) The maintaining of any building or structure of which the roof or eaves project beyond the vertical projection of any property line or sheds water directly upon any property other than that property on which the building or structure is located. (19) The manufacturing, storing, using or selling of fireworks within the corporate limits of the city. Exception: The lawful display of fireworks pursuant to a permit issued by the proper authority of the city. (20) beeping or maintaining of chickens or other fowl, including hens, pigeons, chicks and roosters, within 50 feet of any residential structure or inhabited building. (21) 'beeping, raising or possessing, except within enclosures or cages and as allowed by zoning, any pigeons, chickens or other fowl, including hens, chicks and roosters with the intent to keep, raise or breed the same. (22) Permitting the carcass of a dead animal to remain on the premises for a period of time exceeding 18 hours after the death of the animal. (23) Allowing any unreasonably loud, disturbing, or unnecessary noise, including but not limited to noises from musical instruments, loudspeakers, and amplifiers, animals and birds, horns or other signal devices on vehicles, the operation of vehicles, steam whistles, auto exhaust without mufflers, or devices operated by compressed air, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. During the times and in the zoning districts set out below, the activities that create a sound pressure level on the complainant's bounding real property line that exceeds the maximum allowable decibels on the A scale are declared to be public nuisances: All Residential zoning districts: 7:00 a.m. to 10:00 p.m. = 75 dba 10:00 p.m. to 7:00 a.m. = 60 dba All nonresidential, industrial and mixed use zoning districts including the Town Center center and core subzones and the TOD historic, core, general mixed use, arterial mixed use and high intensity mixed use subzones: 7:00 a.m. to 12:00 midnight = 80 dba 12:00 midnight to 7:00 a.m. = 70 dba North Richland Hills, Texas, Code of Ordinances Page 7 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY Exceptions: Businesses in Industrial zoning districts in existence prior to March 1, 2010 which do not exceed 75 dba. Noise generated on properties of Birdville Independent School District (BISD), Tarrant Community College (TCC), Fort Worth Christian (FWC) and all other governmental agencies is not subject to this provision. Noise produced by gas drilling and production shall be regulated by chapter 104 of this Code and shall not be subject to this provision. (24) Maintaining graffiti on public or private structures located on publicly or privately owned real property within the city. (25) Any act or thing done, suffered or maintained within the city limits which creates an attractive nuisance to persons of normal sensibilities that may interfere with the health and safety of persons within the community. (26) Mowing or weed eating without first removing trash and debris which will be scattered by the mowing or weed eating process. (27) Any tree which in the opinion of the city arborist is dead and /or constitutes an immediate safety risk to persons or property. (27a) Allowing poison ivy, poison oak or any poisonous plant to grow onto adjacent property or onto public property. (27b) Dirt moving or disturbing activities which cause unreasonable or excessive dirt or dust particulates to become airborne and travel onto adjacent properties. When such activity occurs under the auspices of an active building or construction permit, the terms of the permit may be revised or the permit may be revoked until such time that the nuisance is abated. (Code 1975, § 15 -26; Ord. No. 2800, § 2, 9 -13 -2004, Ord. No. 2907, § 2, 10 -23 -2006; Ord. No. 3021, § 1, 10 -13 -2008; Ord. No. 3044, § 1, 4 -13 -2009; Ord. No. 3149, § 1, 6 -13 -2011) Sec. 34 -34. - Designation of enforcement officer. The chief of police, consumer health inspector and/or the code enforcement officer or their designated representatives or as otherwise designated by the city manager are hereby directed and authorized to administer and enforce the provisions of this article. Nothing contained herein is meant to limit discretion of any enforcement officer in evaluating and directing compliance with this article. (Code 1975, § 15 -27) Sec. 34 -35. - Enforcement authority and liability. The chief of police, the consumer health inspector, the code enforcement officer, or their North Richland Hills, Texas, Code of Ordinances Page 8 of 11 PART II - CODE of ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY authorized representatives, or as otherwise designated by the city manager, acting in good faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the chief of police, consumer health inspector, code enforcement officer, or their authorized representatives, or as otherwise designated by the city manager, because of such act or omission performed in the enforcement of any provision of this article, shall be defended by legal counsel provided by the city until final termination of such proceedings. (Code 1975, § 15 -28) Sec. 34 -36. - Right of entry. Whenever it becomes necessary to make an inspection to enforce the provisions of this article, or whenever there is reasonable cause to believe that there exists in any structure or upon any property a condition which violates the provisions of this article, any enforcement personnel may enter such property at all reasonable times to inspect the same, or to enforce a provision of this article; provided, that if such property is occupied, he shall first present proper credentials and request entry, or if such property is unoccupied, he shall first make a reasonable attempt to locate the owner, or other persons having charge or control of the property, and request entry, and if entry is refused, the enforcement personnel may attempt to secure entry by any legal means. (Code 1975, § 15 -29) Sec. 34 -37. - Notice of violation. Whenever it is determined that a violation of this article exists, except where a different notification requirement is established in this article, the code enforcement officer shall give notice to the owner of the property as provided in section 34 -38 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner. (Code 1975, § 15 -30; Ord. No. 2907, § 3, 10 -23 -2006) Sec. 34 -38. - Service of notice of violation. (a) Notification of violations. The owner of a property shall be notified of violations of this article as follows: (1) The notice shall be given personally to the owner in writing; or (2) The notice shall be given by letter addressed to the owner at the owner's address as recorded in the appraisal district records of the county; or (3) If the personal service cannot be obtained: a. By publication at least once, b. By posting the notice on or near the front door of each building on the property to North Richland Hills, Texas, Code of Ordinances Page 9 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY which the violation relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. (b) Refused or unclaimed notices. Any notice that is mailed to a property owner in accordance with this article, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered as delivered. (c) !Notification regarding second violation in one-year period. Ina notice provided in this article, the enforcement officer may inform the owner by regular mail and a posting on the property, that if the owner commits another violation of the same kind or nature that poses a danger to the public health or safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and access the expense against the property. If a violation covered by a notice under this article occurs within a one -year period, and the municipality has not been informed in writing by the owner of any ownership change, then the city may without notice take any action permitted by subsections 3440(1) and (2) and assess the expenses as outlined in section 34 -42 (d) Placement of notice on vehicle. The placement of a notice of violation on a vehicle in violation of section 34 -33 shall be considered adequate notice under this article. (e) Period for compliance. The notice described in this section shall require compliance within seven days of the notice of violation. (Code 1975, § 15 -30) State law reference— Notice, V.T.C.A., Health and Safety Code § 342.006 Sec. 34 -39. - Twenty- four -hour abatement under certain circumstances. Nothing in this article shall ,prohibit the requirement for abatement within 24 hours when a nuisance has been declared an immediate threat to health and safety by any enforcement personnel. (Code 1975, § 15 -31) Sec. 34 -40. - Remedies. To enforce any requirement of this article, a code enforcement officer or as otherwise designated by the city manager may: (1) Do the work or make the improvements required; (2) Pay for the work done or improvements made and charge the expenses to the owner of the property; and (3) Cause appropriate action to be instituted by a court of competent jurisdiction. North Richland Hills, Texas, Code of Ordinances Page 10 of 11 PART II - CODE OF ORDINANCES Chapter 34 - ENVIRONMENT ARTICLE II. - PUBLIC NUISANCES GENERALLY (Code 1975, § 15 -32) State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 342.006. Sec. 34 -41. - Contracting for abatement. Whenever the property owner, agent, or tenant, fails to abate the nuisance within the time allowed, the enforcement officer or as otherwise designated by the city manager is hereby authorized to contract with a contractor to perform such work as may be required to abate the nuisance. (Code 1975, § 15 -33) Sec. 34 -42. - Recovery of costs. (a) Assessment of charges. Whenever the city enters upon the premises and causes any work to be performed to abate a nuisance, a charge will be made to the property owner, agent, or tenant to recover the costs associated with the abatement. The charge shall be the actual cost of abatement, plus applicable sales taxes. (b) Administrative fee. An administrative fee shall be assessed for each charge. Such fee is established for 2006 in Appendix A. The director of finance shall review the administrative fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. (c) Lien. If the actual charge and the administrative fee are not paid to the city within 30 days after billing, the city shall file a lien against the property. The charges shown on the lien shall bear interest at the rate of ten percent per annum from the due date until paid. The lien shall be collected under the same terms and provisions of law as on city ad valorem taxes. (Code 1975, § 15 -34; Ord. No. 2907, § 4, 10 -23- 2006) State law reference— Lien, V.T.C.A., Health and Safety Code § 342.007. Secs. 3443- 34 -70. - Reserved. North Richland Hills, Texas, Code of Ordinances Page 11 of 11 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. 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 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. 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 ) M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. C.0 Adjournment City of North. Richland Hills Regular Session City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, June 11, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Rodriquez A.2 Pledae - Councilman Rodriquez. 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 the 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 Mav 14. 2012 Citv Council Meetina B.2 Approval of Minutes of Mav 21, 2012 Citv Council Meetina B.3 GN 2012 -042 Consideration of Revisions to Landscape Reaulations — Ordinance No. 3204 C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 SUP 2012 -01 Clarification of Citv Council vote for a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Browninq Drive - Ordinance No. 32010 :KIM I l ] 0 .11190061 :11:09 E.1 PW 2012 -013 Approve the First Amendment to the Citv 1 Developer Aareement for the DJ Anderson Addition. Block 1. Lots 1 - 4 E.2 PW 2012 -014 Approve the 2012 Preventive Street Maintenance Proqram E.3 PW 2012 -015 Award of Proiect RFB No. 12 -020 to Stabile & Winn, Inc. in the Amount of $347,841.00 for the Construction of the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Proiect (ST1002) EA PW 2012 -016 Award of Proiect RFB No. 12 -022 to McClendon Construction Companv, Inc. in the Amount of $1,192,544.05 for the Construction of the Trinidad Drive (Rufe Snow Drive to Holidav Lane) Street Improvements Proiect (ST0909) Z1lte3:2►121:If ��r� ►�� F.1 GN 2012 -044 Approve Resolution to Authorize Investment Officers - Resolution No. 2012 -022 F.2 GN 2012 -045 Approve the Amendment to the Iron Horse Golf Course Manaaement Aareement with Eaale Golf F.3 GN 2012 -046 Renew Annual Contract for 2012 Audit Services with Deloitte and Touche. LLP F.4 PU 2012 -017 Approval of Aareement with the Todd Companv for an Amount Exceedina $50,000 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aqenda M KIM 101 go] :l kyil,TV I Eel ►1:110 :111•]:i& H.1 Announcements - Councilman Turnaae H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. A.6 Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Rodriguez M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. A.2 Pledge - Councilman Rodriguez M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. B.a 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. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. B.1 Approval of Minutes of May 14, 2012 City Council Meeting Presenter: Patricia Hutson Recommendation: To approve the minutes of the May 14, 2012 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 — MAY 14, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 14 day of May 2012 at 6 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tim Barth Tito Rodriguez Rita Wright Oujesky Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 4 Council, Place 1 Council - Elect, Place 2 Council, Place 3 Council, Place b Council, Place 6 Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin Weegar John Pitstick Larry Koonce Kirk Marcum Greg Lindsey Jimmy Cates Boe Blankenship Dave Pendley Greg VanNieuwenhuize Stacy Udoni City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Interim Fire Chief Fire Investigator /Inspector Public Works Operations Manager Public Works Street Supervisor Building Official Assistant Public Works Director Public Works Management Assistant Call to Order Mayor Trevino called the work session to order at 6:00 p.m. and invited Rita Wright Qujesky, Council Elect, Place 2 to join Council in the meeting. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from the Council. Mayor Trevino expressed congratulations to the newly elected Council and to Council, staff and the bond committee for the successful bond election. Mayor Trevino asked for Council consensus to allow Council -elect Cujesky to join Council in Executive Session. Council concurred. B.0 EXECUTIVE SESSION - The Citv 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 Attornev reqardinq Pendinq Litiqation - 1) State of Texas v. City of North Richland Hills (No. 2011 - 0028411 -1); and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) B.2 Executive Session: Pursuant to Section 551.074 Texas Government Code, to deliberate the appointment of a public officer or emplovee: Municipal Court Judae and Alternates Mayor Trevino announced at 6:04 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.071 to consult with Attorney regarding pending litigation on 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); and 2) Section 551.074 to deliberate the appointment of a public officer or employee: Municipal Court Judge and Alternates. C.0 Adiournment Mayor Trevino announced at 6:48 p.m. that the Council would adjourn to the regular Council meeting. 10*111W'_1Zi 16111 ► M 10 �j I =1 =1 I I ► IL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order May 14, 2012 at 7:01 p.m. I Zia] I W9°_1 I I Present: Oscar Trevino Tim Barth Tito Rodriguez Vacant Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place B Council, Place 7 Staff Mark Hindman Jared Miller Karen Bostic Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Managing Director Managing Director City Secretary Assistant. City Secretary Attorney A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. Mayor Trevino congratulated Mayor Pro Tem Barth, Councilman Turnage and Councilwoman elect Rita Wright Oujesky for their election wins over the weekend. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION FOR "NATIONAL PUBLIC WORKS WEEK" PRESENTED BY COUNCILMAN WELCH Councilman Welch presented the National Public Works Week Proclamation to Mike Curtis, Managing Director and invited all Public Works staff present in the audience to please come forward and join him at the podium so that they all could be recognized. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) - PROCLAMATION RECOGNIZING "BUILDING SAFETY MONTH" PRESENTED BY COUNCILMAN WHITSON Councilman Whitson presented to Dave Pendley, Building Official a proclamation proclaiming the month of May as Building Safety Month. A.5 CITIZENS PRESENTATION ON=0 A.G REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF APRIL 23, 2012 CITY COUNCIL MEETING B.2 PW 2412 -010 AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES BY ADDING THE NEW ARTICLES VII AND VIII, ESTABLISHING REGULATIONS FOR STORM WATER WASTE MANAGEMENT AND POST CONSTRUCTION STORM WATER MANAGEMENT - ORDINANCE NO. 3184 B.3 PW 2012 -011 AMENDING THE CITY'S CODE OF ORDINANCES FOR SECTION 54- 102(B) FOR SPEED ZONES ON PRECINCT LINE ROAD - ORDINANCE NO. 3195 B.4 PW 2012 -012 RECOMMEND AWARD OF BID FOR THE 37TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT: SCRUGGS DRIVE SANITARY SEWER REHABILITATION TO PM CONSTRUCTION & REHAB, LLC IN THE AMOUNT OF $151,122.00 - RESOLUTION NO. 2012 -012 B.5 PU 2012 -016 AWARD BID NO. 12 -021 ANNUAL CONTRACT FOR IRRIGATION SYSTEM COMPONENTS & SUPPLIES TO METRO SUPPLY CO. B.6 GN 2012 -033 APPROVAL OF CONTINUED PARTICIPATION IN TARRANT COUNTY'S HOME INVESTMENT PARTNERSHIP PROGRAM - RESOLUTION NO. 2012 -013 B.7 GN 2012 -034 APPROVE DENIAL ATMOS ENERGY CORPORATION, 2012 -014 OF RATE INCREASE REQUESTED BY MID -TEX DIVISION - RESOLUTION NO. COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS CA RP 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REPLAT FOR BRYNWYCK ADDITION, BEING A REVISION OF LOTS 1 -29, BLOCK A, AND LOTS 1 -4, BLOCK B, BRYNWYCK ADDITION, CONTAINING 7.662 ACRES IN THE 8800 BLOCK OF MARTIN DRIVE. APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. The applicant was not present. Mayor Trevino announced that the item would be presented at the end of the meeting to allow the applicant Mime to arrive and present the request. Item presented after G.1 below. C.2 SUP 2012 -02 PUBLIC HEARING AND CONSIDERATION OF A SPECIAL USE PERMIT FOR AN EMERGENCY CLINIC ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1, DAVIS -NORTH TARRANT PKWY ADDITION; LOCATED ON 1.709 ACRES AT 8950 NORTH TARRANT PARKWAY - ORDINANCE NO. 3201 APPROVED Mayor Trevino opened the public hearing and called on the applicant to come forward. Michael Clark, Winkelmann & Associates, Inc., 6750 Hillcrest Plaza, Suite 325, Dallas, TX, representing the applicant came forward. The applicant, E -Care Emergency Management is requesting approval of a Special Use Permit for an emergency clinic at a former Eckerd Drug store site. Mr. Winkelmann advised upgrades will be made to the fagade, landscaping will be replaced, some landscaping will be added, and the existing pole sign will be removed and replaced with two monument signs that meet current code. Council was advised personnel from E -Care were present to answer questions. Council questioned how the facility was different from the emergency care clinic down the street and asked E -Care personnel to address the facility's use of ambulances. Dr. Josh Prickett advised the other facility was an urgent care facility. Urgent Care facilities are family medicine doctor oriented with not all having x -ray capability. The urgent care facilities care for more simple urgent care patients and would not have CAT scan or ultra sound capabilities. E -Care will have the capabilities to care for emergent patients. Dr. Prickett advised they would be meeting with the City's new Fire Chief and Dr. Yomata, Emergency Director regarding the transporting of patients to and from their facility. Mr. Clayton Comstock, Senior Planner, summarized the case and presented the elevations and revisions to the site plan. The Planning and Zoning Commission recommended approval of the SUP subject to staff's recommendations of a 15' landscape buffer along Davis Boulevard. Staff is recommending approval of the special use permit request. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. Dr. Frank Genco, 1104 John McCain Road, Colleyville, Urgent Care Clinic, spoke in opposition to the request. There being no one else wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WHITSON MOVED To APPROVE SUP 2012 -02, ORDINANCE No. 3201. MAYOR PRO TEM BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.3 ZC 2012 -01 PUBLIC HEARING AND CONSIDERATION OF A ZONING CHANGE FROM R -2 SINGLE FAMILY RESIDENTIAL TO R -1 -S SPECIAL SINGLE FAMILY RESIDENTIAL ON PROPERTY DESCRIBED AS TRACT 18B, S. RICHARDSON SURVEY, ABSTRACT NO. 1266 AND LOCATED AT 8800 KIRK LANE - ORDINANCE NO. 3196 APPROVED Mayor Trevino announced that Items C.3 and CA were related and would be discussed together. Item C.3 is a public hearing on a zoning change and Item CA is a final plat related to the zoning change. Council was advised that separate motions will) be considered for each item. Mayor Trevino opened the public hearing on Item C.3 and asked the applicant to come forward to present his cases. Rick Figueroa, applicant, came forward. Mr. Figueroa advised he was requesting approval of a zoning change from R -2 Single Family to R -1 -S Special Single Family and approval of a replat for his residential property located at 8800 Kirk Lane. Mr. Figueroa advised the zoning change will be a better fit for the property with the accessory buildings currently on the property. The final plat will allow him to remodel his home. Mr. Clayton Comstock, Senior Planner, summarized agenda items C.3 and CA. The zoning request is for a 2.047 acre residential property and will allow the owners to utilize some of the benefits that come with R -1 -S zoning, including more flexible accessory structure regulations. There is an existing residential structure on the property and unauthorized construction of a pool house /cabana. The final plat creates Lot 5, Block 1 Taylors Place Addition. This was previously preliminary platted but was never final platted. It also includes dedication of right of -way for Kirk Lane in credit for the proportional costs of roadway improvements under a development agreement. The Planning and Zoning Commission recommended approval of the zoning subject to the applicant acquiring the appropriate permits, inspections and approvals for any existing unauthorized structures on the property. The Planning and Zoning Commission recommended approval of the final plat. The appropriate permits and inspections have been made and approved by staff for the existing structures and staff is recommending approval of the zoning change. Staff is also recommending approval of the final plat and the Developer Agreement for Municipal Infrastructure Costs for Lot 5, Block 1 of Taylor's Place Addition. Mayor Trevino called for anyone wishing to speak for or against the zoning request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO APPROVE ZC 2012 -01, ORDINANCE NO. 3196. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. CA FP 2012 -02 CONSIDERATION OF A FINAL PLAT AND DEVELOPMENT AGREEMENT TO CREATE LOT 5, BLOCK 1, TAYLOR'S PLACE ADDITION ON PROPERTY CURRENTLY DESCRIBED AS TRACT 18B, STEPHEN RICHARDSON SURVEY, ABSTRACT 'NO. 1266; LOCATED ON 2.047 ACRES AT 8800 KIRK LANE (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.3) APPROVED Item was presented and discussed in conjunction with Item C.3 above. COUNCILMAN RODR'IGUEZ MOVED TO APPROVE FP 2012 -02, APPROVING FINAL PLAT FOR LOT 5, BLOCK 1, TAYLOR'S PLACE ADDITION AND THE DEVELOPER AGREEMENT FOR MUNICIPAL INFRASTRUCTURE COSTS. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.5 ZC 2012 -03 PUBLIC HEARING AND CONSIDERATION OF A ZONING CHANGE FROM C -1 COMMERCIAL TO R -1 SINGLE FAMILY RESIDENTIAL ON PROPERTY DESCRIBED AS LOTS 5 AND 6, BLOCK 2, MOLLIE B. COLLINS ADDITION; LOCATED AT 7828 ODELL STREET AND 6841 SMITHFIELD ROAD - ORDINANCE NO. 3197 APPROVED Mayor Trevino announced that Items C.5 and C.6 were related and would be discussed together. Item C.5 is a public hearing on a zoning change and Item C.6 is a replat related to the zoning change. Council was advised that separate motions will be considered for each item. Mayor Trevino opened the public hearing on Item C.5 and asked the applicant to come forward to present the requests. Ms. Phyllis Reaves, realtor representing both the applicant, loan Grosu, and the property owner presented the zoning and replat requests. The zoning request is for approval of a zoning change from C -1 Commercial to R -1 Single Family on two undeveloped lots located at the southwest corner of Smithfield Road and Odell Street. The replat will create a single lot from the two existing lots. Mr. Clayton Comstock, Senior Planner, summarized the two items. The current zoning is inconsistent with the prevailing development and zoning pattern of Odell Street. The zoning change to residential is in keeping with the character of Odell Street and is consistent with the Comprehensive Plan. The replat will create a single lot, Lot 5R, from existing Lots 5 and 6. Mr. loan plans to build a home on the lot. The Planning and Zoning Commission recommended approval of the zoning change and replat. Mayor Trevino called for anyone wishing to speak for or against the zoning request to come forward. There being no one wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE ZC 2012 -03, ORDINANCE NO. 3197. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.6 RP 2012 -01 CONSIDERATION OF A REPLAT TO CREATE LOT 5R, BLOCK 2, MOLLIE B. COLLINS ADDITION ON PROPERTY CURRENTLY DESCRIBED AS LOTS 5 AND 6, BLOCK 2, MOLLIE B. COLLINS ADDITION; LOCATED ON 0.391 ACRES AT 7828 ODELL STREET AND 6841 SMITHFIELD ROAD (THIS ITEM IS NOT A PUBLIC HEARING BUT RELATED TO ITEM C.5) APPROVED Item was presented and discussed in conjunction with Item C.5 above. COUNCILMAN LO'MBARD MOVED TO APPROVE RP 2012 -01. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.7 ZC 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A ZONING CHANGE FROM C -1 COMMERCIAL, 0-1 OFFICE AND R -2 SINGLE FAMILY RESIDENTIAL TO U INSTITUTIONAL ON APPROXIMATELY 12.929 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. - ORDINANCE NO. 3198 COUNCIL ACTION POSTPONED TO JUNE 25. 2012 Mayor Trevino advised that the next three items C.7 (ZC 2012 -04), C.8 (ZC 2012 -05) and C.9 (RP 2012 -03) were related and he would open the public hearings for all three items but Council will vote on third item separately. Mayor Trevino opened the public hearings on ZC 2012 -04, ZC 2012 -05 and RP 2012 -03 and called on the applicant to come forward. Dustin Austin, 700 West Harwood Drive, Hurst representing the applicant came forward. Mr. Austin advised that at the Planning and Zoning meeting they agreed to work with the citizens of Timber to make Timber Drive a dead end street and not tie in with Thornbridge West. Mr. Austin advised they have had several meetings with the citizens and staff and have been unable to meet the needs of both parties. Mr. Austin advised they are requesting approval of the original plans. Council questioned why an agreement could not be reached for a cul -de -sac on Timber. Council also recalled that several years ago the Council had discussed their desire for the entrance to this property to be tied to the light by the fire station. Mr. Austin advised they had considered several options for Timber from a hammerhead approach to a cul -de -sac and they had been unable to meet the needs of staff. Mr. Austin also advised that from an economic standpoint today they did not feel the lots would support the expense of tying the entrance to a signal light. Mr. Austin advised they purchased a piece of property at the front of Timber Drive giving them optional access to the development off Timber and Davis Boulevard. Mayor Trevino stated that the Council would like more information on how it is cost prohibitive. Clayton Comstock, Senior Planner, explained the three items. Zoning Case 2012 -04 is a request to change approximately 13 acres currently zoned C -1, 0 -1 and R -2 to U Institutional. Zoning Case 2012 -05 is a request to change from R -3 and 0 -1 to R -2 zoning. The replat is for 36 residential lots and three open space lots on 25 acres. In response to questions from Council, Mr. John Pitstick, Director of Planning, advised the development consists of 36 lots and typically, not more than 30 lots are allowed without a secondary access. The applicant has worked with TxDOT and received approval for a temporary access or emergency access. It is Staffs understanding that the cost to align the road with Shadywood would be more than half million dollars and the relative cost it would add to the lots would be out of the market range. Mayor Trevino called for anyone wishing to speak for or against the requests to come forward. Michael Bokros, representing his parents at 8632 Timber Drive, questioned if the hammerhead at the end of Timber Drive discussed at the meetings with the residents was no longer being proposed. Staff advised they had not seen a proposal for a hammerhead. Mr. Bokros stated a hammerhead would impact 8632 in the way of modifications to the easement and wanted Council to be aware his parents also had not seen any proposals and have not agreed to a hammerhead. Mr. Bokros also stated that the street was not built to accommodate any additional traffic. Roger Martin, 8629 Timber Drive, expressed concerns with traffic on Timber and safely entering and exiting Davis Boulevard. Mr. Martin advised they had met with the developer but nothing had materialized from their discussions. Kelly Elliott, 8628 Timber Drive, expressed concerns with the residents on Timber Drive thinking agreements had been reached and the Planning & Zoning Commission recommending a cul -de -sac be put on Timber Drive yet the development plan keeps being brought back as the original plan without a cul -de -sac on Timber Drive. Judy Showalter, 8624 Timber Drive, expressed concerns with traffic and with opening Timber Drive to the development. Ms. Showalter advised it was her understanding from Saturday's meeting the developer was placing a hammerhead on Lot 14. There being no one else wishing to speak Mayor Trevino closed the public hearings and called for a motion on ZC 2012 -04, Ordinance No. 3198 and ZC 2012 -05, Ordinance No. 3199. COUNCILMAN TURNAGE MOVED TO DENY ZC 2012 -04 AND ZC 2012 -05. COUNCILMAN WELCH REQUESTED AN AMENDMENT TO THE MOTION TO GIVE THE APPLICANT 30 DAYS FOR CONTINUANCE TO WORK WITH THE NEIGHBORS TO REACH AN AGREEMENT AND IF AN AGREEMENT CANNOT BE REACHED IN 30 DAYS THE ZONING REQUESTS BE DENIED. COUNCILMAN TURNAGE WITHDREW HIS MOTION AND MOVED TO POSTPONE ACTION ON ZC 2012 -44 AND ZC 2412 -05 TO THE SECOND COUNCIL MEETING IN JUNE (JUNE 25). COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO POSTPONE CARRIED 6 -0. C.8 ZC 2012 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A ZONING CHANGE FROM 0-1 OFFICE AND R -3 RESIDENTIAL TO R -2 RESIDENTIAL ON APPROXIMATELY 1.857 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. - ORDINANCE NO. 3199 COUNCIL ACTION POSTPONED TO JUNE 25. 2412 This item was related to the previous item C.7 and the public hearing was opened and discussed in item C.7. MOTION WAS MADE WITH AGENDA ITEM C.7, ZC 2412 -44. C.9 RP 2012 -43 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.L. JOINT VENTURE FOR A REPLAT TO CREATE THORNBRIDGE WEST ADDITION, BEING A REVISION OF A PORTION OF HOLDER SMITHFIELD ESTATES AND A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1266, CONTAINING 24.964 ACRES IN THE 8200 BLOCK OF DAVIS BLVD. COUNCIL ACTION POSTPONED TO JUNE 25. 2412 This item was related to the previous two items C.7 and C.8 and the public hearing was opened and discussed in item C.7. The applicant was advised Council will need to deny the replat unless the applicant will agree to extend it to the second meeting in June with the continuation of the zoning requests. Mr. Dustin Austin requested the Council postpone RP 2012 -03 until the second council meeting in June. COUNCILMAN TURNAGE MOVED TO POSTPONE RP 2012 -03 UNTIL THE SECOND COUNCIL MEETING IN JUNE (JUNE 25). COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO POSTPONE CARRIED 6 -0. C.10 SDP 2012 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FOR APPEAL FROM MICHELLE THOMAS FOR A REVISED SPECIAL DEVELOPMENT PLAN FOR LOTS 1 AND 3, BLOCK 1, MEACHAM ADDITION, LOCATED WITHIN THE SMITHFIELD TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT AT 6333 SMITHFIELD ROAD AND 7828 ARTHUR DRIVE - ORDINANCE NO. 3202 DENIED Mayor Trevino opened the public hearing and asked the applicant to come forward and present the case. Ms. Michelle Thomas, applicant, advised she previously received approval from Council for a special development plan for the property. The plan was to be under construction at this time but that in October while she was closing on the property a deed restriction was found which prevented her from closing. The deed restriction provides that if the property is used for commercial purposes it will revert to the sellers or heirs of the property. Ms. Thomas explained the legal process and time involved to clear the deed restriction. Mr. Ed Markey, 6525 Meadow Lakes Drive, Real Estate Attorney, explained the deed restrictions on the Meacham Addition deeds and the legal procedure for Ms. Thomas to obtain a clear title to her property. Mr. Markee advised that from his experience it is at least a 9 -month process. Mr. John Pitstick, Director of Planning, summarized the case and presented the recommendation of the Planning & Zoning Commission. The applicant received approval in January 2011 for a special development plan (SDP) for interim office uses including the conversion of a single family house for 18 months. The SDP stipulated that by June 1, 2412 the existing residential houses on Lot 1 and Lot 3, Block 1 Meacham Addition would be demolished or removed and construction plans submitted for mixed use buildings. The applicant is requesting an extension until June 2413 to begin construction of mixed use building and to continue to use the existing single family house at 6333 Smithfield Road as a professional office with a CPA and insurance business for the additional 12 months. The Planning and Zoning Commission recommended denial of the special development plan extension and the applicant is appealing to the Council. Staff is recommending denial of a proposed extension of this special development plan and encourages the ongoing development of the tract under the current TOD regulations. Since no outward progress has been made regarding demolition of buildings or submittals of building plans for new buildings, Staff sees no legitimate reason to extend this special development plan for additional time. Mayor Trevino called for comments in support of the request. There being no one wishing to speak, Mayor Trevino called for comments in opposition to the request. Mr. Glenn Willis, 7820 Arthur Drive, advised he was not against the development of the property but was opposed to the access for the property being on Arthur Drive. Mayor Trevino advised the issue before Council was whether to grant the extension and not access to the property. Mr. Willis' concerns with access to the property would need to be addressed at another time. Mr. Willis advised he was opposed to the extension. Mr. Kevin Murphy, 7813 Arthur Drive (also owns 7805 Arthur Drive) advised he was opposed to the extension and wanted access to the property to be on Mid Cities Boulevard. There being no one else wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN WELCH MOVED TO DENY SDP 2012 -01, ORDINANCE NO. 3202. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO DENY CARRIED 6 -0. CA 1 SUP 2012 -01 PUBLIC HEARING AND CONSIDERATION OF A SPECIAL USE PERMIT FOR A GAS DRILLINGIPRODUCTION PAD SITE ON PROPERTY DESCRIBED AS LOT 5RA, BLOCK 3, INDUSTRIAL PARK ADDITION; LOCATED ON 2.027 ACRES AT 6401 BROWNING DRIVE - ORDINANCE NO. 3200 APPROVED Mayor Trevino opened the public hearing and called for the applicant to present the request. Jenna Waters, Public Affairs Manager for Chesapeake Energy, 100 Energy Way, Fort Worth, came forward. Ms. Waters advised they were seeking a special use permit for the Rick pad site. The site is located on private property and has the capacity for 10 wells on the pad site. The site will have five wells in each unit — the Colt Unit and the NRH Unit. The Iron Horse Addition neighborhood is located within the Rick pad site zone with 19 homes being within the 600 -foot radius. Of the 19 homes, 18 letters of consent have been received and one home has been recently been purchased but has not taken ownership yet. Chesapeake will be requesting permits for Colt 2H and NRH 1H and anticipates to begin drilling both wells consecutively in 2012. An 8' high masonry wall and concrete road to the pad site gate will be installed during the initial construction of the pad site. Landscaping will be planted in the fall of 2012. The Planning and Zoning Commission recommended the SUP be restricted to 5 years from date of approval and Chesapeake is requesting removal of the stipulation. Mr. John Pitstick, Director of Planning, summarized the item and presented the recommendations. Staff is recommending approval of the SUP with the following stipulations: • The single family property owners within 600 feet of all proposed wells have input and any appropriate concerns are to be addressed as part of this SUP approval. • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. • A minimum of 150 foot setback be established for 7 out of the 10 proposed gas wells to adjacent property lines and public streets (Planning and Zoning's recommendation was for all 10 of the proposed wells to meet this setback requirement). Mayor Trevino called for comments in support of the request. Mr. Ed Sprola, 5608 Sawgrass Court spoke in support stating that Chesapeake had made commitments since the April 19 meeting to address the residents' concerns. Mr. Bill McDowell did not wish to speak but wished to go on record as being in support of the request. Mayor Trevino called for comments in opposition to the request. Ms. Judy Simpson, 6312 St. Andrews Drive, expressed concerns with traffic if Chesapeake is allowed to have five years to drill. Mr. Jonathan Blackman, 6313 Torrey Pines Drive, expressed concerns with the traffic and the environmental impact from the gas drilling. There being no one else wishing to speak Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED To APPROVE SUP 2012 -01, ORDINANCE NO. 3200. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 AP 2012 -01 CONSIDERATION OF AN AMENDED PLAT FOR LOT 3CR, BLOCK 1, NORTHEAST CROSSING ADDITION. BEING A REVISION OF LOT 3C, BLOCK 1, NORTHEAST CROSSING ADDITION LOCATED AT 9121 BOULEVARD 26 APPROVED Mr. Robert Chu, representing the applicant CRR Property Holdings, presented a request to amend the replat for the Northeast Crossing Addition. Mr. Clayton Comstock, Senior Planner, summarized the item. The amended plat will vacate a portion of an access easement which appears on Lot 3C of the current plat and adds a utility easement to the lot. Office Depot has been approved to construct on the lot, but the site plan approval has them building over an existing access easement for Kroger's access door on their southwest side of the building. The size of the access easement is being reduced to allow for the construction of the Office Depot and some additional utility easements are being added. The Planning and Zoning Commission and Staff recommend approval of the amended plat. COUNCILMAN RODRIGUEZ MOVED TO APPROVE AP 2012 -01. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. E.0 PUBLIC 'WORKS No items for this category. F.0 GENERAL ITEMS No items for this category. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA EXECUTIVE SESSION ITEM B.2 DELIBERATE THE APPOINTMENT OF A PUBLIC OFFICER OR EMPLOYEE: MUNICIPAL COURT JUDGE AND ALTERNATES APPROVED Council discussed in Executive Session the appointment of the Municipal Court Judge for a two -year term and the appointment of alternate judges when the judge is temporarily absent. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE NO. 3203 APPOINTING STEWART BASS AS MUNICIPAL COURT JUDGE AND GLYNNIS MCGINTY AND LORRAINE IRBY AS MUNICIPAL JUDGE ALTERNATES. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.1 RP 2012 -04 PUBLIC HEARING AND CONSIDERATION OF A REPLAT FOR BRYNWYCK ADDITION, BEING A REVISION OF LOTS 1 -29, BLOCK A, AND LOTS 1 -4, BLOCK B, 6RYNWYCK ADDITION, CONTAINING 7.662 ACRES IN THE 8800 BLOCK OF MARTIN DRIVE. APPROVED Mayor Trevino announced that the item had been previously opened for the public hearing and called the applicant to come forward. Mr. Clint Richardson, representing Meritage Homes, appeared before the Council and advised the replat was the same plat previously approved by Council but with the addition of some utility easements. Mr. Clayton Comstock, Senior Planner, summarized the item. The purpose of the replat is to dedicate utility easements omitted from the replat approved by Council in September 2011. Because the plat has not been filed with the County, the request is essentially a reapproval of the plat. The replat addresses some utility easements that are needed to provide power, gas and communications to some of the lots. The replat does not change the number, size or layout of the lots and is consistent with previous approvals for the development of 36 residential lots and 2 open space lots. The Planning and Zoning Commission recommended approval of the replat. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing and called for the motion. COUNCILMAN LOMBARD MOVED TO APPROVE RP 2012 -04. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Mayor Pro Tern Barth made the following announcements. Early voting for the Texas primary elections began today and continues through May 25th in the gymnasium of the former NRH Recreation Center located at 6720 NE Loop 820. The primary elections are conducted by the Tarrant County Elections Office. For a complete list of early voting times and locations, or to view a sample ballot, visit www.tarrantcounty.com /evote or call 817- 831 -8683. The North Richland Hills Fire Department conducts CPR classes each month for the community. The next class is scheduled from 1 p.m. to 5 p.m. on Saturday, May 19th. The cost is $25. To sign up or get more information, please call 817- 427 -6901. Kudos Korner - Josh Oler & Dwayne Dornquast, Public Works. A resident emailed to commend Josh and Dwayne for their rapid response and their professional manner in completing a street repair in front of his house. The resident stated, "It's not often you get next -day service from anyone these days. They went well beyond a simple patch and did a very competent job of removing and putting into place a reinforced, well executed new section." He added that they were also friendly and polite. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:25 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. B.2 Approval of Minutes of May 21, 2012 City Council Meeting Presenter: Patricia Hutson Recommendation: To approve the minutes of the May 21, 2012 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 — MAY 21, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 21 day of May 2012 at 0:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tim Barth Tito Rodriguez Rita Wright Oujesky Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 4 Council, Place 1 Council - Elect, Place 2 Council, Place 3 Council, Place b Council, Place 6 Council, Place 7 Staff Members: Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin Weegar John Pitstick Larry Koonce Greg VanNieuwenhuize Stacy Udoni Andy Kancel JoAnn Stout Debbie York Absent: Mark Hindman Call to Order Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Public Works Assistant Director Public Works Management Assistant Assistant Police Chief Neighborhood Services Director Neighborhood Services Assistant Director City 'Manager Mayor Trevino called the work session to order at 6:00 p.m. and invited Rita Wright Oujesky, Council- Elect, Place 2 to join Council in the meeting. A.0 Discuss Items from Reqular Citv Council Meeting There were no questions from the Council. A.1 2012 Youth Advisory Committee Proiect Proposal Kristin Weegar, Assistant to the City Manager, introduced the Youth Advisory Committee (YAC) Board members. Nicole Zajimovic, YAC Chairman, Alicia Hindman, YAC Vice Chairman, Rachel Becker, YAC Secretary and Hayden Hunter, YAC Treasurer presented the 2012 Youth Advisory Committee Project proposal. In January, the Youth Advisory Committee met to discuss various ideas for the project proposal, and after much discussion and debate, the board decided on the idea of revising the current smoking ordinance to include business establishments such as restaurants. The board presented the benefits and reasons North Richland Hills needs an enhanced smoking ordinance, presented research about the effects of a more restrictive smoking ordinance and the results seen by cities that already have implemented them. After a brief discussion and questions by the Council, the Council requested that the Youth Advisory Committee go out and campaign the citizens to see if this was something the citizen's would like approved. Mayor Trevino asked for Council consensus to allow Council -Elect Rita Wright aujesky to join Council in Executive Session. Council concurred. 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 Attorney reaardina Pendina Litiaation - 1 ] State of Texas v. Citv of North Richland Hills (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 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southwest auadrant of the Citv Mayor Trevino announced at 0:21 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.071 to consult with Attorney regarding pending litigation on 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); and 2) Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the southwest quadrant of the City. C.0 Adiournment Mayor Trevino announced at 6:43 p.m. that the Council would adjourn to the regular Council meeting. N =141'1A_1Z010111rIN10�JI=1 =1II►CL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order May 21, 2012 at 7:00 p.m. I ZT91 I W+1►,1 I I Present: Oscar Trevino Tim Barth Tito Rodriguez Vacant Tom Lombard David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Staff Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Absent: Mark Hindman Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney City 'Manager A.1 INVOCATION Councilman Lombard gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Lombard led the pledge of allegiance. A.3 GN 2012 -035 CANVASSING MAY 12, 2012 SPECIAL BOND ELECTION - RESOLUTION NO. 2012 -016 APPROVED Patricia Hutson, City Secretary, presented the item. The Texas Election Code requires that the City Council meet following the May 12, 2012 election to canvass the votes and declare the results of the bond election. The unofficial results received from Tarrant County Elections on election night were as follows: Number of Number of Votes 'Votes FOR AGAINST Proposition No. 1 "The Issuance of $48,000,000 general obligation 1,963 932 bonds for constructing, improving and equipping a new municipal government complex to include city hall facilities, police and fire facilities and municipal court facilities" Council is being asked to approve Resolution No. 2012 -016, approving the canvass and accepting the results of the election. Council has been provided with the official results received from the Tarrant County Elections Administrator. There was no change from the results received on election night. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2012 -016. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. A.4 GN 2012 -036 CANVASSING MAY 12, 2012 CITY COUNCIL ELECTION - RESOLUTION NO. 2012 -017 APPROVED Patricia Hutson, City Secretary, advised Council was being asked to approve Resolution No. 2012 -017, approving the canvass and accepting the results of the election. Council has been provided with the official results received from the Tarrant County Elections Administrator and there was no change from the unofficial results received on election night. The official results received were: Number of Votes Mayor Oscar Trevino 2,430 Citv Council — Place 2 Rita Wright Oujesky 1,821. Charles W. Spradling 926 City Council — Place 4 Tim Barth 2,286 Citv Council — Place 6 Scott Turnage 2,312 The following individuals were elected to office: Mayor Oscar Trevino Citv Council — Place 2 Rita Wright Oujesky Citv Council — Place 4 Tim Barth Citv Council — Place 6 Scott Turnage COUNCILMAN LOMBARD MOVED TO APPROVE RESOLUTION No. 2012 -017 APPROVING THE CANVASS AND DECLARING THE WINNING CANDIDATES. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0.. A.5 OATH OF OFFICE Ceremonial oaths of office were administered to each of the newly elected officials. Mr. Ray Oujesky administered the oath of office to Rita Wright Oujesky with help from Madeline and Jillian Oujesky. Councilwoman Wright Oujesky took her place at the Council dais. Dr. Charles Lord administered the oath of office to Tim Barth. Ms. Katherine Turnage administered the oath of office to Scott Turnage. Mr. Marc Trevino administered the oath of office to Oscar Trevino. 0:1 ► 11l = 1_[+3:011OX61 0 11 =10 Mayor Trevino recessed the meeting at 7:34 p.m. and called the meeting back to order at 7:50 p.m. with the following members present. :Z61 I W+1►,1 I I Present: Oscar Trevino Tim Barth Tito Rodriguez Rita Wright Oujesky Tom Lombard David Whitson Scott Turnage Tim Welch Staff: Jimmy Perdue Mike Curtis Vickie Loftiee Patricia Hutson Monica Solko George Staples Absent Mark Hindman Mayor Mayor Pro Tern Council, Place 4 Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 5 Council, Place 6 Council, Place 7 Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney City Manager A.6 CITIZENS PRESENTATION None. Note: Item A. 8 was presented prior to Item A.7 A.8 GN 2012 -039 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT AND ACCEPTANCE OF REPORT Nicole Zajimovic, Chair of the Youth Advisory Committee, presented to Council the year -end report. COUNCILMAN TURNAGE MOVED TO ACCEPT THE YOUTH ADVISORY COMMITTEE'S YEAR -END REPORT. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. A.7 SPECIAL PRESENTATION AND RECOGNITION(S) — PRESENTATION OF CHECK TO THE NRH ANIMAL ADOPTION & RESCUE CENTER BY THE YOUTH ADVISORY COMMITTEE Nicole Zajimovic, Chair of the Youth Advisory Committee, presented a check to Chun Mezger, Animal Center Supervisor, in the amount of $450 that was raised during the Youth Advisory's 1 st Annual NRH Dog Show. A.9 SPECIAL PRESENTATION AND RECOGNITION(S) - RECOGNITION OF HOLIDAY HEIGHTS ELEMENTARY SCHOOL Diana Spradling, Community Garden Coordinator, recognized Holiday Heights Elementary School first grade students and teachers for their donation of $100 to the Community Garden. A.10 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA No items for this category. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED No items for this category. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to fallow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS No items for this category. F,0 GENERAL ITEMS FA GN 2012 -037 ELECTION OF MAYOR PRO TEM APPROVED Patricia Hutson, City Secretary, summarized the item. The Charter states that the 'Mayor Pro Tern shall be selected from the seven council members at the first regular meeting following the City's general election. The regular meeting for May 28 was rescheduled to May 21 because of the Memorial Day holiday. Since the May 21 meeting is essentially a regular meeting, it is recommended that Council proceed with electing a Mayor Pro Tem at this Council meeting. Mayor Trevino called for nominations for Mayor Pro Tem. COUNCILMAN TU'RNAGE MOVED TO NOMINATE COUNCILMAN LOMBARD AS MAYOR PRO TEM. There being no other nominations, Mayor Trevino closed the nominations and called for the vote. MOTION TO APPROVE CARRIED 7 -0.. F.2 GN 2012 -040 APPROVE GRANT FUNDED WEATHERIZATION PROGRAM AGREEMENT - RESOLUTION NO. 2012 -015 APPROVED Debbie York, Neighborhood Services Assistant Director, summarized the item. Oncor contracts with Frontier Associates LLC to manage their energy efficiency programs. Frontier is offering the City of North Richland Hills funding up to $100,000.00 to provide delivery of measures to reduce air infiltration, installation of insulation, replacement of inefficient appliances and heating and cooling systems in residential homes. This funding is available for work to be performed on eligible households earning up to 200% of the federal poverty income guidelines. The maximum amount that can be spent on each eligible home for energy efficiency measures is $6,500. However, under a current similar contract that the City has with Atmos an additional $1,500 per home is available for Atmos customers as well. Frontier is also offering up to $100,000 from Atmos for this program. The City has the option to receive funding on an upfront or reimbursement type basis. The agreement states that 25% of the Allocated Funds for 2012 must be spent by the City on or before July 31, 2012, 75% by September 30, 2012 and 100% by November 30, 2012. COUNCILMAN BARTH MOVED TO APPROVE RESOLUTION NO. 2012 -015. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.3 GN 2012 -041 2012 BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAM LOCAL AWARD - RESOLUTION NO. 2012 -019 APPROVED Andy Kancel, Assistant Police Chief, presented the item. The Joint Crime Victim's Liaison program is currently being utilized by three partner cities, North Richland Hills, Richland Hills, and Watauga, enabling each city to exceed the minimum state mandate for providing victim services. Since its inception in 2009, the program has served over 1,000 victims seeking basic victim services. This program is primarily funded under a Texas Office of the Attorney General (OAG) grant, providing up to $42,000 annually. The remaining programmatic costs are deferred to the three partner cities. The police department is seeking authorization to apply for and utilize available grant funds offered through the U.S. Department of Justice - Justice Assistance Grant program to aid North Richland Hills in meeting our financial obligation to the Joint Crime Victim's Liaison program. It is anticipated that approximately 61 % of the program costs will be covered by the OAG grant, leaving the remaining portion to the partner cities. The police department's projected personnel cost is $15,810, of which the JAG grant will fund $14,461. The remaining balance of $1,349 will be funded through the Special Investigations Seized Fund. COUNCILMAN RODRIGUEZ MOVED TO APPROVE RESOLUTION NO. 2012 -019. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.4 GN 2012 -038 ADOPT RULES RELATING TO THE ADMINISTRATION OF CITY RELOCATION ASSISTANCE PROGRAM — RESOLUTION NO. 2012 -020 APPROVED Jared Miller, Assistant City Manager, summarized the item. The passage of S.B. 18 in the 81" session of the Texas Legislature provides changes and adds additional requirements for all entities with the power of eminent domain. As a cost of acquiring real property, the City will be required to pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition. The City is also required to provide relocation advisory assistance consistent with Uniform Relocation Assistance Act. The proposed Rules Relating to Administration of City Relocation Assistance Program are adapted from the Uniform Relocation Assistance Act (42 USC §4622 -4625) and address the following: • Moving and related expenses • Replacement housing for homeowner • Replacement housing for tenants • Relocation planning, assistance coordination, and advisory services • Housing replacement by the City as a last resort • Limits expenditures to those authorized under federal law COUNCILMAN TURNAGE MOVED TO APPROVE RESOLUTION NO. 2012 -020. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON 'WORK SESSION AGENDA EXECUTIVE SESSION ITEM B.2 DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY IN THE SOUTHWEST QUADRANT OF THE CITY APPROVED Jared Miller, Assistant City Manager, presented the item. The property owner of 6709 Corona has approached the City with interest to sell the property to the City in the amount of $108,000. MAYOR PRO TEM LOMBARD MOVED T© AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF 6709 CORONA IN THE AMOUNT OF $108,000. COUNCILMAN RODRIGUEZ SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS HA ANNOUNCEMENTS Councilman Tito Rodriguez made the following announcements. City Hall and other non - emergency City offices will be closed on Monday, May 28th, for the Memorial Day Holiday. The NRH Centre, Iron Horse Golf Course and NRH20 Family Water Park will be open on Memorial Day. Garbage and recycling will be collected as normal. "Get a Clue" with the Texas Reading Club this summer at the North Richland Hills Public Library. Registration for the reading club begins on May 29th and ends July 14th. For more details, visit the Library at 9016 Grand Ave. or call 817 -427 -6818. Kudos Korner - Angel Bellard of the Finance Department. A resident recently emailed regarding his electronic water bill. Of all the electronic notifications he receives, he said the city's is "by far, the very best." Thank you for doing such a great job, the resident added. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:15 p.m. Oscar Trevino — Mayor rr09 =B*6 Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. B.3 GN 2012 -042 Consideration of Revisions to Landscape Regulations — Ordinance No. 3204 Presenter: George Staples Summarv: Staff is proposing revisions to applicability standards for landscape regulations reverting back to requirements established prior to November, 2011. General Descrivtion: Requirements for applicability of landscape regulations shall apply in the following situations: (1) When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 75 percent of the current appraised value of the existing structures, excluding the value of the land; (2) When an existing building is proposed for an addition that will increase the square footage of the existing building by 30 percent or greater; (3) Upon all new construction, or (4) As a requirement of the approval of a special use permit or planned unit development. Recommendation: Approval of Ordinance No. 3204 RH Al0X71�►,� ►[��►C�����L! AN ORDINANCE AMENDING SECTION 114-71(b) OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; AMENDING THE CONDITIONS WHICH WILL REQUIRE COMPLIANCE WITH THE LANDSCAPING REGULATIONS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, city staff has recommended replacement of the city's current landscape ordinance provisions with those in effect at the time of an amendment in November of 2011; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Section 114 -71(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 114 -71 Landscapinq reguiations (b) Applicability. The provisions of the landscaping regulations contained in this section shall apply in the following situations: (1) When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 75 percent of the current appraised value of the existing structures, excluding the value of the land; (2) When an existing building is proposed for an addition that will increase the square footage of the existing building by 30 percent or greater; (3) Upon all new construction, or (4) As a requirement of the approval of a special use permit or planned unit development. Section 2: Violation of any provision of this ordinance shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each day any violation shall continue shall constitute a separate offense. Section 3: All other ordinances or parts of ordinances in conflict herewith, are hereby repealed to the extent that they are in conflict. Such other Ordinances are hereby saved from repeal to the extent they do not conflict herewith. Section 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity 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 invalid phrase, clause, sentence, paragraph or section. Section 5: This Ordinance shall become effective immediately upon its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 11th day of June, 2012. ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary 1_W ;J:ZG] ►1 =1 BF -114 1101 to] N k ►i I -1 i I III A =10-1 I I ra George A. Staples, City Attorney M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. C.0 PUBLIC HEARINGS No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. D.1 SUP 2012 -01 Clarification of City Council vote for a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Browning Drive - Ordinance No. 3200 Presenter: John Pitstick APPLICANT: Chesapeake Energy CASE SUMMARY: Chesapeake Energy made application for a Special Use Permit for a 2 acre gas drilling and production pad site on property at the northwest corner of Browning and Wuligar Way. Public hearings were held on April 19 before the Planning & Zoning Commission and on May 14, 2012 before City Council. Following the public hearing, City Council voted 7 -0 to approve a Special Use Permit for a gas drilling and production pad site. The motion was made to approve the Special Use Permit. However the actual ordinance did not include staff's recommendation with the followina stipulations: • Maximum number of qas wells is 10. • SUP to be restricted to 5 vears from the date of approval. • A minimum of a 150 foot setback be established for 7 out of the 10 proposed gas wells to adiacent Droperty lines and public streets. Chesapeake Enerqv also requested in the public hearing not to be restricted to a 5 vear time frame. Staff apologizes for not clarifvina these points at the Mav 14 meetina. Because the final vote was not specifically clear. the Citv Attornev is recommending that this item should be brouaht back for clarification of the vote. A new public hearing is not required. Staff has included the original report to Council (Beginning with the BACKGROUND) for this agenda item plus an updated ordinance which includes staffs recommended stipulations. BACKGROUND: This SUP only includes potential approval for a gas well pad site. Specific gas drilling and production permits would be issued by staff and the Gas Board would be responsible for deciding any setback variances through a public hearing process on all gas wells that fall within 600 feet of any habitable structures. A 150 foot "no build" zone easement outside the boundaries of the pad site is also required and being established. SUP Process The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. Essentially, the City can require additional stipulations beyond the regulations in Chapter 104: "Gas Well Drilling and Production" of the City Code to enhance visibility and aesthetics. In this effort, Chesapeake is proposing to provide certain improvements before they are required to be installed and Chesapeake is also proposing to install additional landscaping than what is required. The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff for each of the proposed gas wells. This permitting process requires the gas operator to demonstrate compliance with the technical details, safety issues and the other regulations indicated in Chapter 104. EXISTING ZONING: The property is currently zoned 12 (Medium Industrial) which is typically appropriate for industrial related uses. Other industries along Wuligar Way include Tyson Foods, Sealy Mattress and Dallas Patriots an indoor baseball practice facility. REVIEW OF GAS WELL REGULATIONS: The City Council and the Planning & Zoning Commission are aware that North Richland Hills currently has six operating gas well sites. Only the TCCD site required a Special Use Permit. An SUP for a gas well is only required when the proposed gas well site is located in a zoning district other than Agricultural or Residential. The primary reason behind requiring an SUP for a gas well site in a zoning district other than Agricultural or Residential zoning districts is to protect property in the "other" districts from being burdened with long term gas well sites that could diminish the ability to fully develop the property. For this reason the first concern in considering approval of a potential gas well pad site should be to ensure that the gas well does not hamper or burden the land use and building potential of the property in question or the adjacent property. The Special Use Permit process cannot relax any regulations and as such, approval of an SUP does not grant any variances to the requirements mandated by Chapter 104. The SUP Site Plan indicates 19 single family homes and 3 industrial buildings being within 600 feet of proposed gas wells. As such, Chesapeake will need to make a separate variance application (if the SUP is approved) and receive approval from the Gas Board of Appeals prior to the drilling of any wells that are within 6010 feet from these buildings. Approval of this SUP will not grant a variance to the 600 foot setback requirement. Because of the community regulation of 6001 feet, staff is notifying all properties within 600 feet as part of the SUP process and as always welcomes comments from any affected properties as part of this SUP process. REVIEW OF GAS DRILLING OPERATIONS: Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. Different subsurface geology can cause more directional focused drilling along fracturing lines. Drillina operations include the initial vertical penetrations of approximately 6,000 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the drill hole. Drilling typically lasts 30 days and involves 24 hour operations which include the erection of major drilling towers. installation of sound reducing devices, drilling and other activities. Fracturina operations involve pumping massive amounts of pressurized water and sand into the drill hole that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days and may involve flaring to make the gas ready for production. Gas pipelines are required to be constructed in order to get the gas transported to market; they must be built directly to the gas well site and connected and distributed to major markets. Production is the final process and generally a quiet activity whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does however require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. REVIEW OF RICK PAD SITE SUP SITE PLAN: The specific SUP for a gas well pad site includes the following information. Conceptual Development Plan- One of the primary requirements of the SUP is to provide a master development plan to ensure that the gas well site does not hamper or burden the land use and building potential of the property. Plans indicate the potential for 3 to 4 office buildings along Browning Drive frontage with adequate parking surrounding the proposed well site area. This is an effective use showing the potential development of this site using the "no build" easement for parking and landscaping and potential office buildings that would effectively screen traffic on Browning from the well pad site. This plan does not provide assurance that the remainder of the property will be developed as shown but it does show that it "could" be developed that way. Drillina Site Plan — The drilling site plan indicates the potential for 10 gas wells and also shows the initial construction of a masonry wall and concrete drive prior to drilling which exceeds current gas drilling requirements. Production Site Plan — The production site plan indicates full masonry wall with appropriate landscaping around the entire pad site. Masonry Wall details — The site plan indicates an 8 foot red brick wall with split face block columns similar to existing walls along Browning. Drainage Area map — Appropriate grading is provided for the site. Transportation Route — The plan indicates the major access off of Loop 820 from Iron Horse to Browning with a backup route off of Rufe Snow to Iron Horse which does not affect any residential neighborhoods. The backup plan will be used when the westbound Iron Horse off ramp and bridge are closed for construction. Landscape Plan — The landscape plan includes Live Oaks around the entire pad site with Foster holly and Cleyera which exceeds typical landscape requirements. Line of Siaht plan — The line of sight from Browning and Wuliger Way shows that the 8 foot masonry wall will effectively screen the proposed water tanks within the pad site from public view. Photometric Analvsis — The photometric analysis indicates that no light should affect the existing adjacent neighborhood. Pipeline Route — Connecting the pipeline to the Rick Pad site will be from a main pipeline just east of the railroad with a proposed valve station within the northwest corner of the Rick pad site. Frackina Plan — Frack water is being provided from the Engler site by above ground temporary water lines using the existing culvert under Rufe Snow. STAFF CONSIDERATION: The proposed Rick Pad Site is in an industrial area but is directly adjacent to the Iron Horse single family subdivision. The master development plan indicates future office buildings along Browning that would serve as a natural screen to the drilling pad. The surrounding masonry screening wall and landscaping is compatible with similar screening and landscaping in the area. Staff has worked closely with Chesapeake Energy representatives to enhance this site and make it a compatible use within the community. Chesapeake Energy has provided the following improvements to the gas well site: 1 ) A permanent concrete access road and masonry wall compatible with existing screening walls along Browning Drive being built prior to initial drilling. 2) All fracking operations to be accomplished from above ground piping from the Engler water tank. 3) Setbacks from Browning to allow for future office development to provide potential screening from traveling public. 4) An eight (8') foot high masonry wall and landscaping around the well site. GAS BOARD CONSIDERATIONS: Under the existing proposed site plan Chesapeake will have to seek setback variances from the Gas Board. Three proposed well locations are less than 150 feet from Wuliger Way and all ten proposed wells are less than 600 feet from several single family homes. Relevant considerations in determining whether Gas Board requests should be granted include the nature and remoteness of the site, the wishes of the owners of the immediately adjacent property impacted by the request, and any proposed measures to offset the impact of the request. Neighborhood Input: Staff has recommended that Chesapeake seek active input from all affected properties within 600 feet of all proposed gas wells. We understand that meetings have been held to resolve any concerns from the neighborhood. The current pad site with proposed gas wells affects 19 single family homes and 3 industrial buildings. Staff has received 52 letters and/or emails of support from mineral owners outside of the 600 foot area and Chesapeake has provided the city consent letters from 18 out of 19 affected single family home owners that fall within the 600 feet. However during the Planning and Zoning meeting several residents expressed concerns about the proposed plan. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on April 19 and voted 4 -1 (Bowen) to recommend approval of the SUP with stipulations that: • The single family property owners within 600 feet of all proposed wells have input and any appropriate aesthetic concerns are to be addressed as part of this SUP approval. • A minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets. • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. 1.3 If-Al;1 a N =10101'JItJ14 ►Io7- A1101►I City Staff recommends approval of this SUP request with the following stipulations: • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. ■ A minimum of a 150 foot setback be established for 7 out of the 10 proposed gas wells to adjacent property lines and public streets. (Note Planning and Zoning's recommendation was for all 10 of the proposed wells to meet this setback requirement.) LOCATION MAP C , =1VFi111110,191 # PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEADING " P.x CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION ax& AND CITY COUNCIL Case Numbers: SUP 2012- 01 Applicant: Chesapeake Operating, Inc. Location: 6401 Browning Dr You are receiving this notice because you are a property owner of record within 600 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Chesapeake Operating, Inc. for a Special Use Permit for a gas well pad site on 2.027 acres at 6401 Browning Drive. Public Hearinq Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, APRIL 19, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, MAY 14, 2012 Both Meeting Times: 7:00 P.M. Bath 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 7331 Northeast Loop 824 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Regional Rail Row Co Ec Browning Ltd Company Two LLC 3825 Camp Bowie Blvd Attn: Dallas Area Rapid Transi 8411 Preston Rd Stye 711 Fort Worth Tx 76107 -3355 PQ Box 660163 Dallas Tx 75225 -5519 Dallas Tx 75266 -0153 Agllrg North Richland Hill LLC CIO Quadrelle Realty 1 West Ave Larchmont Ny 10538 -2470 Doskocil Food Service Co Attn: Tax Dept PO Box 2020 Springdale Ar 72765 -2020 Chesapeake Land Dev Co 6100 N Western Ave Oklahoma City Ok 73118 -1044 William R Roach 3809 Ruths Ct Fort Worth Tx 76179 -3832 Anthony & Claire Yan Hong Lin Anthony & Claire Lin Rev Trst 1751 Emerson St Palo Alto Ca 94361 -3716 Robin Etux Maria Constantine 5325 Pebble Beach Ct NRH Tx 76180 -0825 Lawrence J Etux Betty L Smith 5337 Pebble Beach Ct NRH Tx 76180 -0825 Jason A Etux Lauren A Borroel 5618 Valhalla Dr NRH Tx 75180 -0821 James Etux Kimberly Downing 5610 Valhalla Dr NRH Tx 76180 -0821 Jason J Martinez 5612 Sawgrass Ct NRH Tx 76184 -0817 Carol Etvir Barry Chung PO Box 820384 N Richlnd Hls Tx 76182 -0384 Ismael Etux Annette L Dejesus 6328 Pinehurst Dr NRH Tx 76180 -0826 Paul L Etux. Cynthia D Black 6321 Pebble Beach Ct NRH Tx 76180 -0825 Michael Etux Pam Willingham 6333 Pebble Beach Ct NRH Tx 76180 -0825 Steve Gordon 5622 Valhalla Dr NRH Tx 76180 -0821 Terry R Etux Annette Barnhard 5614 Valhalla Dr NRH Tx 75180 -0821 William Etux Ann McDowell 5615 Sawgrass Ct NRH Tx 76180 -0817 Company One LLC 8411 Preston Rd Ste 711 Dallas Tx 75225 -5519 Shelley Etvir Bill Lybyer 6332 Pinehurst Dr NRH Tx 76180 -0825 Robert E Etux Alycia K West 5716 Hilton Head Dr Fort Worth Tx 76180 -0828 Le Thi Nguyen 6329 Pebble Beach Ct NRH Tx 76180 -0825 Kevin L Etux Kell! W Palmer 6341 Pebble Beach Ct NRH Tx 761 80 -0825 Edward Scrola 5608 Sawgrass Ct NRH Tx 76180 -0817 Jeffery Etal Modlyill 5620 Sawgrass Ct NRH Tx 76180 -0817 Samuel D Etux Teresa Silva Jessie Etux Sharon L Whitley 6100 Browning Dr Apt 3101 5604 Sawgrass Ct NRH Tx 76180 -6095 NRH Tx 76180 -0817 :Z6] »:4WK81►r ►J'I =1Z10 01►&I=12Ii;1114 DATA k0:0filNZ7Mi 1100011/1 11VA Lawrence J Smith — 6337 Pebble Beach Ct William Roach — 5720 (Hilton Head Dr Terry T. Barnhard and Annette Barnhard — 5614 Valhalla Dr Jessie Whitley and Sharon L Whitley — 5604 Sawgrass Ct Ismael Dejesus and Annette L Dejesus — 6328 Pinehurst Dr James Downing and Kimberly Downing — 5610 Valhalla Dr Shelley Lybyer and Bill Lybyer — 6332 Pinehurst Dr William E McDowell and Ann McDowell — 5616 Sawgrass Ct Jason Martinez — 5612 Sawgrass Ct Kevin Palmer and Kelli Palmer — 6341 Pebble Beach Ct Jason Borroel and Lauren Borroel — 5618 Valhalla Dr Robert 'E West and Alycia K West — 5716 Hilton Head Dr Le Thi Nguyen — Pebble Beach Ct Robin Constantine and Maria Constantine — 6325 Pebble Beach Ct Jeffrey Modiyil — 5620 Sawgrass Ct Steve Gordon — 5622 Valhalla Dr Shannon T Accardo — 6333 Pebble Beach Ct Edward Sorola — 5608 Sawgrass Ct MAP OF ABOVE PROPERTY OWNER CONSENT FILED WITH TARRANT COUNTY P,6, B�.� cl. I I �� 7 09 PH ASE I f k J F in- Wit, E-1. E..L c " --FTVW. F�a�wN� oaf PROPERTY OWNERS OUTSIDE 600' RADIUS WHO SIGNED CARDS SUPPORTING CHESAPEAKE'S PAD SITE REQUEST Cynthia Burchill, 5732 Rosalyn, Watauga Roger Cobb, 3016 Kerry Lane, Watauga Paula and Clayton Major, 6301 Rebecca Lane, Watauga Reggie Mosely, 5664 Bonner Drive, Watauga Howard Whipple, 5641 Whitley Road, Watauga Jeff Alexander, 5736 Robin Court, Watauga Toni and Troy Gottschalk, 5604 Macaskill Drive, Haltom City Konstantin Parlor, 6132 MacNea'I Trail, Watauga Jose Cordova, 6405 Rebecca Lane, Watauga Arturo Garza, 6009 Dusty Road, Watauga Lynette Dean, 5712 Southern Hills Drive, NRH Laura Rodriguez, 3119 Clary Avenue, Fort Worth David McConnell, 5612 Macaskill Drive, Watauga Jeff Barnes, 6200 Old Mill Circle, Watauga Paul Frohlich, 717 Gentry Drive, Arlington Barbara Plavney, 6421 Grasshopper Drive, NRH Betty Cote, 6429 Grasshopper Drive, Watauga Larry Smith, 6005 Marigold Drive, Watauga Kenneth Klasen, 6001 Marigold Drive, Watauga Patricia Blackmon, 6017 Marigold Drive, Watauga Tiffany Woolery, 5741 Marlene Drive, Haltom City Victor Drognett, 2 Windstead Court, Trophy Club Silvia McKinney, 5608 Macas'kill Drive, Haltom City Randheer Tannar, 1833 Canyon Ridge Street, Fort Worth Raymono Jones, PO Box 48813, Watauga Randy Mapston, 6404 Old Mill Circle, Watauga Maggie Zakhary, 8617 Amhurst Court, NRH Terry Mathew, 3204 Riverlakes, Hurst Michael Gates, 6400 Old Mill Court, Watauga Barbara & Joseph Lewis, 6029 Heavenly Drive, Fort Worth Gary Hannah, 6440 Old Mill Circle, Watauga Robert Sharp, 8553 North Beach, Fort Worth Claude McNabb, 57001 McDougal, Haltom City Mark Wood, 6617 Precinct Line Road #200, NRH Mark Howe, 3100 Carisbrook Court, Colleyville James Anderson, 5728 Hilton Head Drive, NRH Ryan Abbott, 6317 Pinehurst Drive, NRH Nathan King, 6313 St. Andrews Drive, NRH Judith and Douglas Bourne, 6304 St. Andrews Drive, NRH Patrick Peek, 5613 Valhalla Drive, NRH Tony Reynolds, 5705 Valhalla Drive, NRH Micah and Leslie Hernandez, 5709 Southern Hills Drive, NRH PROPERTY OWNERS INSIDE 600' RADIUS WHO SIGNED CARDS SUPPORTING CHESAPEAKE'S PAD SITE REQUEST Jason Boroel, 5618 Valhalla Drive, NRH Jessie Whitley, 5604 Sawgrass Court, NRH Jamie Alnon, 5612 Sawgrass Court, 'NRH Cindy Black, 6321 Pebble Beach Court, NRH Barry Chung, 6320 Inverness Drive, NRH Edward Sorola, 5608 Sawgrass Court, NRH EMAILS AND LETTERS RECEIVED Su bject: Rick work Pad- NRH Dear Mr. Pitstick: I understand that Planning and Zoning will be considering Chesapeake Energy's Rick !+Nark Pad drill site Thursday, April 19th, and I want to go on record as being in full support of approval of that site. I consider Chesapeake Energy to be a top -tier gas exploration and development company and, as such, know that they will make every effort to ensure safety and efficiency while conducting drilling operations on the Rick work Pad. As you know, finalizing a drill site in this area has taken quite along time and I think the Rick Work Pad is an excellent choice for developing the mineral interests in the immediate area; the resultant gas royalties will certainly be a benefit to all associated property owners, as well as the City of North Richland Hills. I support approval of the Rick work Pad by Planning and Zoning and, sulosequently, by the NRH City Council. Sincerely, Dan Smalley General Partner Skeeter & Bucky, L.P. Sent: Sun, May b, 2012 10:09:01 AM Subject: Chesapeake "Rick site" Please approved this drilling request. It will bring in lots lots of sales in to North Richland hills as the royalities are spent over the 20 years. 28 year resident Ron McFarland 6553 Lake Side Circle NRH tex 76180 Sent: Sat, May 5, 2012 6:30:43 PM Subject: Rick Padsite We are unable to attend the meeting on the 14th, but we highly support the Rick Padsite. Thank you for your consideration in this matter. Darren and Kris Fletcher 5957 Maurie Dr., Watauga 76148 From Kris' (Phone - Sent: Sat, May 5, 2412 2:36:15 PM Subject: Chesapeake Energy Rick Padsite, North Richland Hills, Texas Dear Mayor Trevino, I have been advised by Chesapeake Energy Corporation that the North Richland Hills Planning and Zoning Commission has voted to approve the proposed Chesapeake Energy Rick padsite special -use permit for extracting mineral assets at the intersection of Browning Road and Wuliger Way in the City of North Richland Hills. Pursuant to this action on the part of the Commission, Chesapeake is now able to move forward to seek final zoning approval from the North Richland Hills City Council. Whiffle my residential property is not located within the North Richland Hills city limits, I want to make certain that you are aware of my strong support for this project. Although I will be unable to attend the City Council meeting on Monday, May 14, 1 hope the Council acts favorably at the meeting to approve development of this operation by Chesapeake Energy. Thank you, Byron Hoeffner 6528 Brookside Drive Watauga, Texas 76148 817 498 6728 Sent: Tue, May 8, 2012 9:47:57 AM Subject: Proposed Special Use Permit - Rick padsite Dear Mr Mayor, I own property in North Richland Hills through my company, Silversage, LTD. and want to let you know that I support the development by Chesapeake of a natural gas well at the Rick padsite. I encourage you to approve the special use permit in order for this project to continue. Sincerely, Todd Batiste. President Yellow Rose Management, Inc. 817 -797 -2477 DEAR NORTH RICHLAND HILLS ELECTED OFFICIALS, WHOLEHEARTEDLY SUPPORT APPROVAL OF THE RICK PADSITE SPECIAL USE PERMIT (SUP) ZONING REQUEST TO CLEAR THE WAY FOR DEVELOPMENT. YOUR APPROVAL OF THIS INITIATIVE WILL IMPROVE THE FINANCIAL WELL BEING OF MYSELF, MY NEIGHBORS, AND OUR REGIONAL COMMUNITIES. DURING THESE DIFFICULT ECONOMIC TIMES ANY INCREASED REVENUE WOULD BE SIGNIFICANTLY BENEFICIAL. AS A PHYSICALLY CHALLENGED CITIZEN ON FIXED INCOME I AM FINDING IT INCREASINGLY DIFFICULT TO MAKE ENDS MEET. FURTHERMORE, THE POTENTIAL INCREASE IN TAX REVENUE FOR THE COMMUNITY AS A WHOLE IS CERTAINLY A BENEFIT THAT ELECTED OFFICIALS SUCH AS YOURSELVES CAN APPRECIATE DURING THIS ERA OF OVER BURDENED CITY BUDGETS. WOULD GREATLY APPRECIATE YOUR SUPPORT IN FAVOR OF THE SUP ZONING REQUEST. I AM SURE YOUR AFFIRMATIVE VOTE WILL BE EQUALLY ENDORSED AT THE NEXT ELECTION BALLOT BOX. RESPECTFULLY YOURS, TOM UFERT 5709 MACDOUGALL DRIVE HALTOM CITY, TX 76148 tluf1965(a.vahoo.com From: Erik Svensson <esvenssonftublicstoraae.com3 To: "nrhoscar(dsbcolobal.net" <nrhoscar&sbcolobal.net> Cc: "ienna.cohen &chk.com" <ienna.cohen( chk.com>; Jonathan Gardea rionathan.aardea (&chk.com> Sent: Wed, May 9, 2012 11:19:12 AM Subject: Rick Padsite in North Richland Hills Dear Mayor Trevino: We support the Rick site in North Richland Hills. Sincerely, Erik Svensson Vice President, Commercial Real Estate Public Storage 701 Western Ave Glendale, CA 91201 Community Enrichrntnt anrcr April 19, 2012 Cc: Jenna M. Waters, Chesapeake Energy 8250 NE Loop 820 North Richland Hills, Tx 76180 Phone: 817.281.1164 Fax: 817 -281 -1879 ■ ® 0 t�iece,c.ory VIA ELECTRONIC MAIL TO JPITSTICKONRHTX.COM Mr. John Pitstick director of Pl and D eve l o pment BOA" OF DIRECTORS Cfty of North Richl Hills Randy Mormi, Chai rman Aye Jr. 7301 N.E. Loop 820 Brent B arrow North Richland Hills, Texas 76180 Shawn Blackwelder Steve Both Bear Mr. Pitstick: Paul Campbell It has come to our attention (hat the North Richland Hills Planning & Daniel D maree Zoning Commission is conducting a Public Hearing tonight regarding Melva Evans Chesapeake Energy's Rick padsi(e. Stacey (Alisles Linda Haley The C om munity Enrichment Center supports Chesapeake's application Kern Lewis for a special use permit for gas drilling and production at the ChristineMazuek Chesapeake Rick padsite and encourages the P&Z to approve the Rayouiesky application as submitted. We look forward to receiving the benefits of Joan Patina natural gas production from this padsite through royalties and to CarolePbillips sharing our gifts with those who are in need in North Richland Hills and Ray Pinson the surro community. Lance Shipp Pam willingham Sin ZU=VE DIRECIFOR Randy Moresi Randy Clinton Board Chairman Cc: Jenna M. Waters, Chesapeake Energy 8250 NE Loop 820 North Richland Hills, Tx 76180 Phone: 817.281.1164 Fax: 817 -281 -1879 ■ ® 0 t�iece,c.ory Raul & Pamela Ramos 6416 Devonshire Drive • North Richland Hills • Texas 76180 Apiril 15, 2012 John Pits-tick Director of Planning North Richland Hills 73 N.E_ Lool's 820 North Richland Hills, Texas 76180 Dear Mr. Pitstick. I noticed that you are considering a Chesapeake gas %vell site off of Bro%rnina V Drive. As a resident of North Richland Hills, I am submitting this letter in support of this pro- posed site, even though I will not directly benefit from it. Chesapeake is a great company to keep in North Richland Hills- They not only provide our communities with much needed additional revenue through royalties, bonuses and tax dollars, but they are a good corporate citizen- My daughter is a recent Rich- land High graduate, so I am familiar with Chesajvake� partnership with BISD. The distant learning equipment Birdville Foundation was -able to purchase through Chesa- peaVs donation h, a perfect example of this. in a time when budgets are shrinking, you will not find many companies that enrich the communities where they operate in this manner. I even believe BISD has been able to set up a scholarship fund for stu- dents who attend TCLC through their income from natural gas. I strongly believe in America's need to lessen our dependence on foreign oil. This abundant resource that lies under North Texas is what this country needs to help America bridge dw gap and to promole energy independence and homeland securily, Let's keep America strong by using this lo-cal, abundw and dean resource. Sincerely, Raul Ranios 4 P'1 Dusty r—Fi P.E. Manager — F'irJrd Prrtet rte ing Chesapeake May 4, 2012 City of North Richland Hills Department of Planning and Development Services 7301 North East Loop 820 North Richland Hills, Texas 76180 Re: Rick Pad — Special Use Permit Bear Mr. Pitstick: Enclosed are updated SUP plans for the Rick Pad site. Based on comments received at the P &Z meeting April 19, we have made the following revisions: • Well shift to comply with the 150' ROW setback for 7 wells and requesting a setback variance for only 3 wells (120` from ROW) • The closest structure to wellhead is 322 feet • Landscape rendering prepared • Modified the transportation route after traffic observations along Rufe Snow Drive and Browning Drive • Updated water route exhibit to reflect discussions with Jared Miller on Cotton Belt Trail Crossing A second neighborhood meeting was held May 3 to address specific questions from residents within the Iran Horse Addition subdivision. The meeting was well received and residents who spoke during the P &Z meeting were in attendance. The revised transportation route was appreciated by residents. The existing volume of traffic is still a concern for the residents as is the road condition along Browning Drive between Rufe Snow Drive and Iron Horse Blvd. We encouraged residents to visit with City staff since this is a City concern outside of Chesapeake's control. We appreciate your consideration of this Special Use Permit application. Sincerely, Dusty Anderson, P.E. Chesapeake Tnffgy Corporation 100 Rnergv Way • Fort Wor€}r. `t'X 76102 Direct 817.502.5645• Fax 817.945.5202• du sty. andersongcb.coin April 19, 2012 City of North Richland Hills Attn: John Pitstick Director of Planning and Development 7361 NE Loop 826 North Richland Hills, TX 76982 Dear Mr. Pitstick, I understand you are considering a natural gas well site near the Tyson plant. As a resident of NRH for the past 14 years, I am submitting this letter in support of this proposed well site. Although I am not directly benefitting from this site, my minerals are being produced from another site in the City. I have seen the tremendous advantages and hope they will continue. I believe in this sluggish economy we need to benefit from this resource we are lucky to find under our feet. Between ad valorem taxes the City receives and! lease bonuses and royalties the BISD gets from these natural gas wells, it world be in the City's best interest to continue to promote this industry. After seeing the way Chesapeake has operated its other sites in North Richland Hills, particularly with the nice masonry walls and landscaping, it will surely better the industrial area in which this site will be situated. Sincerely, Michelle Miles 6436 Sunrise Drive North Richland Hills, TX 76182 ORDINANCE NO. 3200 SUP 2012 -01 AN ORDINANCE OF THE CITY OF 'NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A GAS DRILLING /PRODUCTION PAD SITE ON PROPERTY LOCATED AT 6401 BROWNING DRIVE; 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 WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow a gas drilling/production pad site on property located at 6401 Browning Drive described in the attached Exhibit "A ", with the following stipulations: • Maximum number of gas wells is 10. • SUP is restricted to 5 years from the date of approval. • A minimum of a 150 foot setback be established for 7 out of the 10 proposed gas wells to adjacent property lines and public streets. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 11th day of ,tune, 2012. CITY OF NORTH RICHLAND HILLS F-11 a 11*3 6 Oscar Trevino, Mayor Patricia Hutson, City Secretary 1�1 :191 - 11411011 ;19] N k', I,1:I III I *]'_1 I I Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning &r Development Director EXHIBIT A �1 RICK PAD PROJECT SPECLA.L USE PERMIT WULICER ROAD NORTH OF BROWNING DRIVE NORTH RICHLAND HILLS, TEXAS urwrlaN wuc ENGINEER ! SUIRVEYOR: m HALFF 0 FEL (2,+I3�BftN0 .,r ,12 MAY 2012. AVO. 26724 -OR$82 14' uiesap ake cvrtrn mm PE I' 'm E, my.1nnrenaa Darwvrrm. roue ,e^oz 0, sw L1J5TYAH06RSDr1MalC M SHEET INQE7( I EkH19117 - OONCEPTUAL DEVELOPM ENT PLAN 2 DRILLING. 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I flE I Li g < ills z W "Z3 j ; - - - - - - - - - - - - - - - - - - - - - "m F-F W � Mil IL A ------------ 7 - - ---- - ----- ---; -2 7 9 7 L;j ZA a 6, 9 Mju Z: j� - - - - - - - - -- 5�5 -- -------- 7 . 7p f Vw 7 W 3B ---------- I • • 1 1A Lu g u- IOU I it d � 4 i V � s x +� y S ! n — .A 0,91 —1 .— Yw I — MMMd Ofd M018 .ONI'ONI-LV'dgdO il WH RE 4 � ��� \ ƒ\ \ {`� } \ �� EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'1'1 PLANNING AND ZONING COMMISSION MEETING SUP 2012 -01 Public Hearing and Consideration of a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; 'located on 2.027 acres at 6401 Browning Drive. Chairman Shiflet opened the Public Hearing for SUP 2012 -01. John Pitstick came forward stating this is an SUP application from Chesapeake Energy for a gas drilling and production pad site located on Browning Drive. They are proposing to drill up to 107 gas wells from this site. SUP approval for gas well pads are required on all non - residential properties with appropriate technical and safety plans and a master development plan indicating how the proposed gas well site will not prohibit or hinder future development on prime non - residential properties. This SUP only includes potential approval for a gas well pad site. Specific gas drilling and production permits would be issued by staff and the Gas Board would be responsible for deciding any setback variances through a public hearing process on all gas wells that fail within 600 feet of any habitable structures. A 1507 foot "no build" zone easement outside the boundaries of the pad site is also required and being established. Late this afternoon we have received four letters from mineral owners that are outside the area of the no build zone, by email we have received 26 mineral owner cards that have been signed in the area that would be within the pool for drilling. There are 19 homes within the area of the 600 feet. The consent document in your packets basically reads "I understand that the current gas drilling and production ordinance of the City of North Richland Hills requires all gas wells to be drilled 30707 feet from any residence, religious institution, public building or retail." The correction should say 600 feet. The consent letter also says "but allows the property owners of such uses to consent to drilling of gas wells to occur closer than 30707 feet." It does by permission from the property owners and they are consenting to those. There is extensive information that is required and there are 11 different documents included in the packets. Mr. Pitstick said typically the staff would approve the gas well site for technical reasons; this is for the zoning request. We have requested that the proposed masonry wall fit into the neighborhood which is appropriate to the existing wall. The truck and transportation route is being proposed off of NE Loop 8207, down Iron Horse Boulevard then up Browning Drive. We understand the Iron Horse Boulevard will be under construction so there is a secondary route from NE Loop 820, to Rufe Snow. They are proposing the connecting pipeline connection on the Southeast side of the railroad. The phasing would include the initial pad site to be constructed with the masonry walls, then after the drilling of the wells they are putting in the landscaping. They do show on the master plan there could be other offices or uses on Browning. The Rick Pad Site provides technical and safety plans being provided for the master development plan along Browning to potentially be screened, significant improvements are being made to the site above typical gas well site regulations in an effort to mitigate aesthetic concerns. While we do have the consent letters we encourage property owners within the 600 feet to hear their concerns so they can be addressed. They would need to be resolved through the public hearing process. However, staff does not support gas well setbacks less than 150 feet from property boundaries or public streets in an effort to maintain minimal safety distances. Based on the current Rick gas well pad site, City Staff does not support this SUP request unless the following stipulations can be met: (1) the single family property owners within 600 feet of all proposed wells have input and any appropriate aesthetic concerns be addressed as part of this SUP approval, (2) A minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets, (3) Maximum number of gas wells is 10 (4) SUP is restricted to 5 years from the date of approval. Staff feels this is a neighborhood that could be appropriate if all the citizen concerns are addressed. At this time Staff recommends denial as it is presented, but would approve if the stipulations are met. Jenna Waters, Public Affairs Manager for Chesapeake Energy, 100 Energy Way, Fort Worth came forward stating she also has many staff members here for technical support as well. We appreciate the opportunity to present the application for the SUP for the pad site, a private property at the northwest corner of Wu'liger Way and Browning Drive. It does have a 10 well capacity of the pad site, 5 of the wells would go in to the Cult Unit, and 5 wouild go into the North Richland Hills unit upon their drilling. We are seeking Special Use Permit for the Rick Pad Site. We currently have other pad sites available for drilling minerals; however with the Rick Site we would be able to access the Colt and North 'Richland Hills units. The 300 foot radius around the Rick Pad Site and the 600 foot radius as discussed by Staff with the 100 foot radius. We do have consent letter and letters of support from 18 of the 19 homeowners within the 600 foot radius. One of the homeowners on the map has moved out and did not feel compelled to sign a letter of support not living there. There is a new homeowner taking possession but has not yet signed the mortgage, but we have a verbal commitment that he is in support. These letters would be for support for the Rick Pad Site where it is presented to yo U. Ms. Waters continued saying since TXDOT is taking the Iron Horse Bridge down prior to the completion of the build and drill of the well bores, we are recommending that we use alternate transportation route B. In talking with the City about the Rufe Snow route, since it is already and existing and neighboring industrial use, so it would be wide enough for the trucks to travel through to develop the pad site. The Rick Pad Site is a 10 well capacity as recommended by the City and we have over 1600 family, schools, churches, businesses with over 586 acres units in the Colt Unit and 552 acres in the North Richland Hills unit. We want to indicate to you are immediately going to start drilling at the end of summer 2012 on two of the well bores. We are just asking for the SUP for this pad site tonight knowing we need to get approval for the actual wells. Ms. Waters said they will have a landscaping and masonry plan approved up front and both will be initially installed during the initial construction phase as added as an amenity for the neighborhood view. We also have a concrete road to the pad site that will go up from the road to the gate with an 8 foot masonry wall. We would prefer to plant the trees and shrubs in the fall as opposed to the heat of the summer, but with our proposed drilling schedule it will be nearly immediately after the construction of the pad site. Some of the beneficiaries of the pad site are City of North Richland Hills, City of Watauga, City of Haltom City, Birdville ISD, Community Enrichment Center and Watauga First Baptist Church and there are support letters from some of these beneficiaries. All the residents of NRH benefit from the local taxes. Ms. Waters said in closing we are requesting your approval of the SUP to develop the Rick Pad Site and develop the minerals for the people in the Colt and NRH Unit. We know the City of NRH and BISD have benefited from natural gas drilling from Chesapeake and hope to continue the relationship with approval. Chairman Shiflet asked if the proposed fencing was 8 foot on all sides. Ms. Waters said yes it is and it will match the existing masonry walls currently in place. Don Bowen asked about the 5 year restriction from staff and if Chesapeake meets that requirement? Ms. Waters said they cannot guarantee that is this economic market with gas prices. We would like to drill them and be responsible owners of the minerals and produce them effectively, to guarantee that would be irresponsible. But we do anticipate the economic market to improve and we would anticipate being able to drill as that market dictates. But we would not be in favor of the 5 year restriction. It is not something we are accustomed to in NRH and we have had a long standing relationship here. Don Bowen said is there a way to put the quiet rigs on this site as it would benefit the residents to do so. Ms. Waters said right now we anticipate having one of the lower profile Nomak 144 Rigs on the site which is a lower profile rig on an electric compressor and one of the quieter operations. In addition, we would like the pad sites to the approved as presented. We understand there is an easement and right of way issue with the road, but we always try to be a good neighbor. We understand that it is a public street and we need to keep the variances out of play, but with a sidewalk going in, all the landscaping, proposed fire hydrant, concrete drive it is really going to be an asset to that corner and we would prefer it be closer to the road. Edward Sorola, 5608 Sawgrass Court, came forward stating he is not in support of the gas well site and only signed the consent letter because he felt pressure to do so. Concerns that he has are visibility, noise, accidental emission of diesel fumes, hazardous air pollutants, potential for damage to home, losing the enjoyment of property, issues with the sale of my home. If the commission decides to recommend approval then I ask that you do so under the following conditions: (1) Chesapeake plant mature evergreen trees and shrubs of sufficient height and longevity to block the drilling rig and sound barrier from visibility from front of home, water and maintain them throughout operations (2) expedite drilling of wells within 2 years of the pad site (3) use sound barrier during all drilling and frocking periods, then be removed if there will be a period of 60 days or more during which neither will occur) (4) use electric drilling equipment whenever possible to reduce diesel exhaust (5) provide third party air quality monitoring against accidental release of dangerous air pollutants and monitor for excessive earth vibrations during the phases (6) Chesapeake be required to notify all residents of the dates that frocking and completion will occur with at least one week advance notice. Shelly Lybyer, 6332 Pinehurst Drive, did not speak but against the drilling. Judy Simpson, 6312 St. Andrews Drive, against the drilling due to the traffic concerns with the tearing down of Iron Horse Bridge and new apartments being built across from our subdivision. There are only two entrances in and out of the subdivision and this will create a huge traffic concern and emergency vehicles will be unable to get in if needed. Leon Glenn, 6312 Pinehurst Drive, did not speak but against the drilling. Dave Riska, 5617 Southern Hills Drive, came forward asking why would it take 5 years to drill and if the sound curtains are going to let up, safety traffic concerns on the corner of Browning for emergency vehicles. Bill McDowell, 5616 Sawgrass, is for the drilling and signed the consent agreement. He would still like to see some accommodations for the neighborhood from Chesapeake. More substantial landscaping than what has been seen at other sites, sound barriers being removed when not drilling so we don't see the brown material, time period to be reduced from 5 years to a more reasonable time. With the backyards that right up against the site, we would like to see more screening other than existing vegetation. Belinda Alles, 5001 Denton Highway, representing NE Chamber of Commerce, is for the drilling in our area. She is support of the proceeds from the drilling because of the way they give back to the community. Scott Correll, 5618 Southern Hills Drive came forward asking do you live within 150 feet of a well site and would you feel the same way about their donations. Jeffrey Modiyill, 5620 Sawgrass Court, is against the drilling, feels it is being forced upon the citizens. He would like to see the concerns addressed if approved. Kevin Palmer, 6341 Pebble Beach Court, not opposed to the pad site, but if it is approved the consideration given to the aesthetics, sound barrier, landscaping. Don Bowen asked Staff if we can restrict Chesapeake to electric rigs. John Pitstick said you can put stipulation on the Special Use Permit. Don Bowen asked Chesapeake if the heavy equipment from the site will affect the retaining walls to the residents who back up the sit. There was a general discussion about the location and size of the retaining wall. Jenna Waters with Chesapeake said to her knowledge she is not aware of where our equipment has caused damage to the retaining wall during operations. Julie Jones, Civil Engineer with Chesapeake, said the edge of the pad site is 150 feet away from the retaining walls and generally there is not going to be a concern with the retaining wall from that distance. As the remaining property develops if there is a parking lot goes in, the developer would look into at the time. Steven Cooper said since there are so many concerns with the sound barriers, is it practical that they can go up and down during the drilling operations. He asked if there is a typical time frame for the walls going up and down. Jenna Waters said there is nothing typical and every well site is different depending on their operations. Julie Jones said it is hard to say when they can go up and down, it depends on availability of the (racking crews and it is difficult to make it to all the sites in time. If we hit the 60 -90 days after we drill, then we can take the sound walls down at that time. If it is longer than that, since we are renting them from other companies they are waiting for their completion so we try to get them down as soon as possible. Chairman Shiflet said the sound walls are not a requirement of the City that is just something that Chesapeake has done. Mike Benton asked about the landscaping and if they would be apposed to putting in larger trees on that west side that backs up to their property. Julie Jones said that is something we can consider. The existing vegetation will stay in place, the pad site sits about 20 feet higher at least from the back of those peoples properties so we felt that the 3 in caliper trees along with the shrubs will be sufficient along with the 8 foot masonry wall. Mike Benton asked again if they would consider 4 inch caliper instead of 3 inch. Jenna Waters said the landscaping for the plans is more comprehensive than the city ordinance requires so we have already taken that into consideration. Julie Jones said since we do not have a true rendering it might be helpful to have that at City Council since people are not used to looking at the civil plans. Jeffrey Modiyil, 5620 Sawgrass Ct, asked about the case of damage and who would be responsible for it? Chairman Shiflet said any damage would be civil and an attorney would have to advise on. Edward Sorola came forward saying the retaining wall and trees would not be sufficient as proposed. Scott Correll came forward asking Chesapeake about how they are going to handle the traffic matters and concerns. Jenna Waters said they understand that our community and others are in a unique situation with the construction and expansion of the roads. The transportation proposed is the recommended route from the City Staff and is the best for route for the duration of the build. There will not be a continuous line of trucks that will be stopping traffic. There can be a traffic count provided if needed. Chairman Shiflet said he thinks that a traffic count might be something needed before it goes to the City Council and a rendering of the west masonry wall. Ethan West 5716 Hilton Head Drive came forward and is in favor of the drilling. He has one concern with heavy rains due to the run off from the site so it will not go into their backyards. He asked if they would consider a masonry wall instead of wood on the east wall. Chairman Shiflet announced there would be a 10 minute recess and meeting would resume at 9:25 p.m. (Break) Chairman Shiflet resumed the meeting at 9:25 p.m. Mark Tucker, 6308 Inverness, came forward stating concerns with traffic on Browning, emergency vehicles not being able make the calls with big truck traffic. He asked that they might consider turning down Browning off Rufe Snow to avoid traffic issues. Terry Barnhard, 5614 Valhalla, came forward stating he is in support of Chesapeake and the pad site, but has concerns about landscaping, safety and traffic issues. He said when there is an accident on 820, then everyone comes across Denton Highway, up Browning goes behind Walmart then picks up Iron Horse to cross. The intersection of Browning and Iron Horse is not wide enough for the traffic. Judy Simpson asked about water disposal and where will it be disposed? She asked if the property of the Rick Pad Site is owned or leased by Chesapeake. If owned, then why can't Chesapeake have everything landscaped to Browning? How many permits has the City of NRH already issued where a pad site was within 150 feet of residential properties? Chairman Shiflet said he would let Chesapeake address the water disposal. He said what they inject in and bring back out they truck off. There has not been any issues with the 50 plus we have had drilled so far. He said any concerns to the improvements and other issues brought up tonight are not what we are here for tonight, it is only for the consideration of the pad site. Kathy Luppy said as a member of the Gas Board of Appeals, this is all going to be addressed at least two more times. This is not the last time these issues will be discussed. Staff has worked with Chesapeake and our Board for about 4 or 5 years, and always works out the concerns with the citizens and City concerns. Chairman Shiflet said one thing that has made North Richland Hills unique is that we only deal with Chesapeake unlike some of the other cities that deal with several companies. More importantly our (Fire Department has our own gas inspectors that are city employees as opposed to third party and contract inspectors. If you call with any complaints you get a City of North Richland Hills fire fighter that comes to investigate the complaint. The Mayor and City Council set up the Gas Board of Appeals many years ago. He and Kathy Luppy have been serving on this board as Chairs of two different Commissions and had given us a unique ability that other cities have not had. What we are looking at tonight is strictly what we are going to recommend or not recommend to the City Council as far as Chesapeake's request at this time. If the City Council approves our recomme'ndatio'ns, then before Chesapeake can do anything, there will be more Public Hearings before the Gas Board of Appeals. John Pitstick said there are no permits within 1501 feet of the wells because we do not allow that. We have a 600 foot rule that could go down to 150 feet but there have been no structures that have approved. From the wells site we currently have a 150 foot no build zone requirement. There is a 600 foot requirement; some have gone down to 300 feet but nothing below that. There was a general discussion about the 300 feet and other well sites in the city. Edward Sorola spoke about the distances between the site and homes. Scott Correll spoke about the distances between the site and homes. Leslie Hernandez, 5709 Southern Hills spoke being in support of the drilling. Chairman Shiflet asked Caroline Waggoner to address the traffic concerns on Browning and if trucks could come in and cross Iron Horse instead of trying to make the hard right on Browning. Caroline Waggoner said that shouldn't be an issue as the City has looked at some different striping geometry in that intersection over the years to accommodate the traffic and it could be that we have some radii at the corners that need to be modified for the turning movements, but not aware of any issues of the straight through traffic. There was a general discussion about the traffic issues on Browning. Terry Barnhard asked about the alternative plan on truck routing and asked that the traffic concerns be addressed. He said between Tyson and the mattress company trucks it is already an issue. Mark Tucker said he has concerns about traffic and emergency vehicles getting to their homes and concerns of tremors from the fracking. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve SLIP 2012 -01 with the staff recommendations that single family property owners within 600 feet of all proposed wells have input and appropriate aesthetic concerns be addressed as part of the SUP approval, a minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets, maximum number of gas wells is 10, SUP restricted to 5 years from the date of approval. In addition, the traffic counts and landscape rendering be brought to the City Council. Also to include Browning Drive as an option to transportation. The motion was seconded by Kathy Luppy. The motion passed (4 -1). Don Bowen opposed. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. E.0 PUBLIC WORKS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. E.1 PW 2012 -013 Approve the First Amendment to the City f Developer Agreement for the DJ Anderson Addition, Block 1, Lots 1 - 4 Presenter: Gregory Van Nieuwenhuize Summarv: The Council is being asked to consider approving an amendment to an existing City/Developer Agreement in an effort to facilitate development. General Description: The DJ Anderson Addition (Block 1, Lots 1 -4) was platted in 2007. This addition is located on Davis Boulevard (FM 1938) west of the Super Target. As this addition is located on FM 1938, the location of the proposed ingress and egress points had to obtain both City and TxDCT approval. Along with the platting of the addition, the City required the developer to provide a Traffic Impact Analysis (TIA). Because the end -use was not known for the four (4) lots within the addition, the traffic volumes considered for these lots were based on high traffic type uses. This is a conservative approach for determining the transportation needs of a development, which is consistent with City policy. As such, the TIA indicated that all ingress and egress locations would also need to have deceleration lanes off of FM 1938. Upon TxDOT's review of the TIA, TxDOT concurred with this assessment and required all ingress and egress locations to have deceleration lanes off of FM 1938. The platting of the DJ Anderson Addition (Block 1, Lots 1 -4) was initiated because a preschool facility wanted to locate on what is now Lot 4 (see attached aerial exhibit). When looking at the traffic impact of a preschool on Lot 4. the TIA indicated that the traffic volumes generated by such a preschool facility did not warrant the construction of any of the deceleration lanes. Consequently, the developer obtained TxDGT's approval to delay the construction of the deceleration lanes if the developer entered into a City/Developer Agreement (CDA) which allowed for the construction of the deceleration lane(s) to be delayed. The City entered into this CDA in order to facilitate development within the addition. Essentially, this CDA allowed the developer to proceed with a phased development approach, beginning with the construction of a preschool facility on Lot 4. This CDA also provided TxDOT with the assurance that when any further development took place on the remaining three (3) lots within the addition, the City had a mechanism to require the construction of deceleration lane(s). Another aspect of the CDA was that it also stated that the northern driveway (Driveway 2 on the attached aerial exhibit) would be removed at such time as the property immediately north of the DJ Anderson Addition was developed. Along with the removal of Driveway 2, a new drive approach would be constructed at the signalized intersection (Driveway 1 on the attached aerial exhibit). Since the approval of the original CDA and the platting of the DJ Anderson Addition in 2007, the preschool has been constructed on Lot 4. However, no further development has occurred within this addition. In 2011, the City was approached by an entity interested in developing Lot 2. When made aware of the original CDA, this entity hired a consultant to perform a new traffic study analyzing the traffic impacts of the proposed development, which is a proposed 6,000 square foot retail facility. The intent of this new traffic study was to determine whether a deceleration lane was warranted if both the now existing preschool facility and the proposed 6,000 square foot retail facility were located within the addition. This new traffic study was also reviewed by TxDOT, and TxDOT determined that adding this additional 6,000 square foot retail facility within the addition did not generate enough traffic to warrant the construction of any of the deceleration lane(s) at this time. This is not unusual as the new traffic study was able to analyze the addition with the knowledge of the end -use on two (2) of the four (4) lots. However, TxDOT's postponement of the deceleration lane requirement for Lot 2 was contingent on a limitation to the types of uses within the proposed 6,000 square foot retail facility. The owner of the three (3) remaining undeveloped lots within the addition did not want to limit the sizes or types of potential businesses on Lot 2 of the addition. As such, the owner obtained approval from TxDOT to postpone the deceleration lane for Lot 3, but would construct the deceleration lane for Lot 2. This would allow for the unrestricted development of Lot 2. Consequently, the developer will construct a deceleration lane for the northernmost driveway with the development of Lot 2, but no modifications will be made to the driveway on Lot 3 at this time. TxDOT representatives have indicated to the City that they can support the currently proposed developments, if the deceleration lane for Lot 2 was constructed now, additionally, TxDOT would allow for the postponement of a deceleration lane for Lot 3. In order to allow for the postponement of the deceleration lane for lot 3 while requiring the construction of the deceleration lane for Lot 2 now, an amendment to the original CDA would need to be approved by the owner, TxDOT and the City. The Amendment before the City Council would allow for this: a delay of the requirement to construct the deceleration lane for Lot 3, while requiring the deceleration lane for Lot 2. Therefore, the purpose of the Amendment is to allow the current property owners to develop Lot 2 without making alterations to the driveway serving Lot 3. The City's role in this process remains to merely facilitate development of the property by providing assurance to TxDOT that the needed roadway facilities will eventually be constructed. Without a CDA in place, TxDQT would have required the construction of the deceleration lanes for both Driveway 2 and Driveway 3 when these driveways were originally installed. Recommendation: Approve the First Amendment to the City 1 Developer Agreement for the DJ Anderson Addition, Block 1, Lots 1 - 4 FIRST AMENDMENT TO AGREEMENT FOR PUBLIC INFRASTRUCTURE COSTS AND ACCESS LOCATIONS THIS FIRST AMENDMENT TO AGREEMENT FOR PUBLIC INFRASTRUCTURE COSTS AND ACCESS LOCATIONS (the "Amendment ") is made by and between RHP REAL ESTATES, LTD. and PATTERSON LAND INVESTMENTS, LTD. (hereinafter referred to collectively as the "Owners"), and the CITY OF NORTH RICHLAND HILLS (hereinafter referred to as the " City "). WITNESSETH: WHEREAS, RHP Real Estate, Ltd. and Trusts created under the Will of Harold Patterson, Sr., Deceased: Regina Patterson Edwards Trust, Robert H. Patterson, Jr. Trust, Deborah Patterson Howard Trust, Patterson Brown Trust (collectively, the "Trusts "), as Owners, and the City entered into that certain Agreement for Public Infrastructure Costs and Access Locations (the "Agreement "), relative to the infrastructure improvements on that certain real property owned by Owners and located in Tarrant County, Texas (the "PropertV ), as more particularly described therein, the defined terms and conditions of which are hereby incorporated herein by reference for all purposes; and WHEREAS, Patterson (Land Investments, Ltd. has succeeded to the interest of the Trusts as an Owner of the Property; and, WHEREAS, the Owners agreed to construct certain infrastructure improvements relative to Block 1, Lots 2 and 3, D.J. Anderson Addition to the City of North Richland Hills, Tarrant County, Texas, prior to the development of such lots; and, WHEREAS, the Owners desire to amend and modify the Agreement to delay the installation of a deceleration lane required by TXDOT for the southernmost driveway currently in place until such time as Lot 3 develops. The deceleration lane for Lot 2 shall be constructed with the development of Lot 2, with the understanding that this driveway may be eliminated when land adjacent to these lots is developed and a permanent driveway installed on such adjacent land; NOW, THEREFORE, in consideration of the premises set forth above, and other good and valuable consideration paid by each party to the other, the receipt and sufficiency of which is hereby acknowledged, the City and the Owners hereby amend the Agreement and agree as follows: 1. Deceleration Lanes Relative to Lot 3. Owners and City hereby agree that Owners shall not be required to construct a deceleration lane from Davis Boulevard adjacent to Lot 3 serving Driveway 3 until the development of Lot 3 occurs regardless of any previous development of Lot 2 and deceleration construction serving Driveway 2. 2012. 2. Ratification. Except as expressly amended and modified hereby, the City and Owners hereby ratify the Agreement and agree to be bound by all terms and conditions thereof, as amended by this Amendment. 3. Counterparts; Facsimile Execution. This Amendment may be executed in multiple counterparts which, when taken together, shall constitute a single integrate instrument. Further, facsimile signatures on counterparts of this Amendment by any party hereto shall be deemed effective as original signatures for all purposes hereunder. EXECUTED by City and Owners as of this day of CITY THE CITY OF NORTH RICHLAND HILLS, TEXAS, By: Its OWNERS: RHP REAL ESTATE, LTD., a Texas limited partnership, By: RHP Management, LLC, its General Partner, Robert H. Patterson, Jr., President PATTERSON LAND INVESTMENTS, LTD., a Texas limited partnership, By: Patterson Land Management, LLC, its General Partner, By: Robert H. Patterson, Jr., Manager %L 11L ti. C L g dW Lot 1 Lot 2 Lot 4 Y ► , ., . " IN !1 fL r Aerial Exhibit DJ Anderson Addition (Block 1, Lots 1 - 4) M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. E.2 PW 2012 -0014 Approve the 2012 1preventive Street Maintenance Program Presenter: Mike Curtis Summarv: On May 1, 2012 staff presented the 2012 Preventive Street Maintenance Program to the Capital Improvement Project (CIP) Committee and now it is being presented to Council for consideration. General Description: The Preventive Street Maintenance Program is the name of the city's detailed street maintenance program that not only repairs those streets that are in poor condition, but also places an emphasis on maintenance methods that extend the pavement life of the streets. The streets selected for the program this year were done so similarly to the way streets have been selected in previous years, by taking a "neighborhood" approach. We have noticed more positive feedback from the citizens when the street improvements target and concentrate in specific neighborhoods versus selecting streets on a citywide base. This year staff is proposing that the city concentrates most of the improvements in two areas of the city. These two areas have a high concentration of streets in need of repair. Also, as we have done in the past we have included several street projects that fall outside of the selected neighborhoods. These are streets that are designated as a high priority due to their condition. The two areas this year are: 1. The neighborhoods north of Mid - Cities Boulevard, south of Amundson and east of Davis Boulevard. 2. The second area is north of Loop 820, south (or immediately north) of Emerald Hills Way and east of Davis Boulevard. These two areas represent those areas identified from the Citizens Survey as having residential streets in the worse condition. As you are aware, most of the older streets in the city are constructed with asphalt. The preventive street maintenance program focuses on processes that extend the pavement life of asphalt streets. However as the city continues to construct more concrete streets staff has been evaluating maintenance processes that can extend the pavement life for these streets as well. This year in addition to the processes used for asphalt streets, staff is recommending a process that can be used on concrete pavement. Staff has identified sections of Bursey Road and Mid- Cities Boulevard (both are concrete streets) that need maintenance. Staff is recommending that $50,000 from the program go toward sections of these two streets. This will be the first year that the program will consist of improvements for both asphalt and concrete streets. Attached are exhibits showing the cost breakdown and location maps for each of the different preventive maintenance processes listed below. • Asphalt Overlay • Slurry Seal • Crack Seal • Concrete Repairs Recommendation: Approve the 2012 Preventive Street Maintenance Program 2 INCH HMAC OVERLAY BY CITY STAFF TOTAL ACCUMULATIVE 2" HMAC SUBGRADE & TOTAL NO, STREET LENGTH/ SQUARE SQUARE YARD OVERLAY CURB/GUTTER ESTIMATED WIDTH YARDS TOTAL COST COST COST 1 JEAN ANN DRIVE, 7500 800 X 27 2,400 2,400 $15,312 $20,889 $36,201 Susan Lee Lane - Circle Drive 2 HIGHTOWER DRIVE, 7700 -7800 1,300 X45 6,500 8,900 $41,470 $9,522 $51,092 Smithfield Road - W. of Century Drive 3 IRISH SPRING LANE, 5500 350 X 27 1,050 9,950 $5,728 $8,055 $14,783 Emerald Hills Way - Dead End 4 DAVID DRIVE, 7500 -7553 900 X 27 2,700 12,650 $17,400 $17,167 $34,567 Susan Lee Lane - Carolyn Drive 5 MASSEY COURT, 6500 450 X 27 1,908 14,558 $10,440 $10,222 $20,662 Main Street - Cul- de-Sac 6 SHERRI LANE, 6500 -6540 850 X 27 2,550 17,108 $16,240 $12,111 $28,351 Donna Drive - Main Street 7 IRONGATE DRIVE, 8700 -8736 750 X 27 2,808 19,916 $16,240 $18,389 $34,629 Simmons Road - Cul- de-Sac 8 MARLETTE COURT, 6400 350 X 27 1,608 21,524 $8,468 $10,235 $18,703 Main Street - Cul -de -Sac 9" JERRI JO DRIVE, 8300 900 X 27 3,258 24,782 $57,014 $48,468 $105,482 Strummer Drive - Cul- de-Sac 10 LAZY LANE, 7900 425 X 27 1,275 26,057 $8,120 $16,667 $24,787 Grove Street- Colorado Boulevard 11 JERRI JO DRIVE, 8105 -8200 700X27 2,100 28,157 $13,398 $7,611 $21,009 Nevada Trail - Strummer Drive 12" STEWART DRIVE, 8700 1,100 X27 2,567 30,724 $24,592 $21,578 $46,170 Simmons Road - Chilton Drive 13" BURSEY ROAD S, 78007955 800 X 22 1,955 32,679 $18,850 $163,360 $182,210 Bursey Road - Bursey Road TOTAL 4'48 32,679 32,679 $254,,272 $364,374 $618,646 LANE MILES `Sub -Grade Stabilization N RH NO STREET 1- Jean Ann Dr 75 2- Hightower Dr, 7 I Irish Spdrvg Ln, 4- David Dr, 7500 5- Massey Ct 65( � 6- Shern Ln, 6500 7- Imngate Dr, 870 8- Marlette Ct. 640 9- Jerri Joe Dr, 83C 10. Lazy Lr, 7903 11. Jeri Joe Or, 81C 12 Stewart Dr, 870[ 13, Bursey Rd 3, 7E 2012 OVERLAY STREET LISTING -eet 2012 SLURRY SEAL STREET LISTING LENGTH] TOTAL ACCUMULATIVE SLURRY TOTAL ACCUMULATIVE NO STREET WIDTH SQUARE TOTAL SEAL ESTIMATED COST TOTAL YARDS $2.901SY COST 1 DONNA DRIVE, 8400 -8441 300 x 27 900 900 $2,610 $2,610 $2,610 Amundson Drive - Sherri Lane WOODHAVEN ROAD, 7400 -7800 2 West of Aubrey Lane 1,550 x 27 4,650 5,550 $13,485 $13,485 $16 East of Red Oak Street JEAN ANN DRIVE, 7600 -7700 3 Susan Lee Lane 1,000 x 27 3,000 8,550 $8,700 $8,700 $24,795 Crestwood Circle West 4 RANDY DRIVE, 8400 850 x 27 2,550 11,100 $7,395 $7,395 $32,190 Sherri Lane - Amundson Drive 6 PAULA COURT, 6500 350 x 27 1,050 12,150 $3,045 $3,045 $35,235 Main Street - Cul -De -Sac 6 WHITNEY COURT, 6400 400 x 27 1,200 13,350 $3,480 $3,480 $38,715 Woodstair Drive - Cul -de -Sac 7 BLAKE COURT, 6400 350 x 27 1,050 14,400 $3,045 $3,045 $41,760 Woodstair Drive - Cul -de -Sac 8 CHILTON COURT, 8800 100 x 27 300 14,700 $870 $870 $42,630 Chilton Drive - Cul- de-Sac 9 COPPER CANYON ROAD, 8700 700 x 27 2,100 16,800 $6,090 $6,090 $48,720 Simmons Road - Dead End 10 GROVE STREET, 4900 450 x 27 1,350 18,150 $3,915 $3,915 $52;635 Boulevard 26 - Lazy Lane INDIATRAIL„ 8000- 8100 11 Colorado Boulevard - Nevada 550 x 27 1,650 19,800 $4,785 $4,785 $57,420 Trail PEARL DRIVE, 5100 12 Jerrie Joe Drive - Strummer 1,355 x 27 4,065 23,865 $11,789 $11,789 $69,209 Lane 13 NEWMAN DRIVE, 5600 1,300 x 38 5,489 29,354 $15,918 $15,918 $85,126 Emerald Hills Way - Ulster Drive 14 ULSTER DRIVE, 8100 1;050 x 27 3,150 32,504 $9,135 $9,135 $94,261 Irish Drive - Darin Street 15 KERRY LANE, 5700 250 x 27 750 33,254 $2,175 $2,175 $96,436 Limerick Lane - Dead End 16 BELFAST LANE, 5600 250 x 27 750 34,004 $2,175 $2,175 $98,611 Limerick Lane - Dead End MOCKINGBIRD LANE, 7800 17 Davis Boulevard 650 x 47 3,394 37,398 $9,844 $9,844 $108,455 East of Irish Drive BRIARDALE DRIVE, 7000 18 Hightower Drive 440 x 27 1,320 38,718 $3,828 $3,828 $112,283 Noneman Street 19 SAYERS LANE, 8129 -8300 1,500 x 27 4,500 43,218 $13,050 $13,050 $125,333 Davis Boulevard - Dead End ABBOTT AVENUE, 6100 -6221 20 6221 Abbott Avenue 1,100 x 27 3,300 46,518 $9,570 $9,570 $134,903 College Circle TOTAL 11-an 46,618 46,518 $134,903 $134,903 $134,903 Milled NRH 2012 SLURRY SEAL STREET LISTING I inch = 4,030 Feet r r i D - -;-- .5400 `Nodhaven Rd. 7400-7&DC Jean Ann Or, 7600-7700 4 :qmdy Dr, 8400 - 'i)a Ct. 6500 - ,ney Ott, 6400 Ct, 6400 8. Chilton Ct, 8800 .9 Copper Canyon Rd, 8700 3rco;e 3-, 4900 80C.M100 -ecr D- J A,hme--, Di, 5600 '4 J--.t Lt. w', CO 15. Kerry Ln, 5 Belfast ' n 5600 0 . Vock'mj� Ln, 7800 18_ Bdar:le Dr, 7000 W Sayers Ln, 8129-8300 20, Abbott Ave 610CL620C 2012 SLURRY SEAL STREET LISTING I inch = 4,030 Feet 2012 CRACK SEAL LISTING Length/ Square Lane Accumulativ No. Street Width Yards Miles Lane Miles 1 North Richland Boulevard, 7400 -7800 2,405 x 33 8,818 1.02 1.02 Holiday Lane - Creswood Circle West 2 Sandhurst Lane South, 7400 615 x 27 1,845 0.26 1.28 Sandhurst Lane East - Tunbridge Drive 3 Meadowview Terrace, 7000 -7300 2,000 x 27 6,000 0.85 2.13 Stames Road - Sprindale Lane 4 Sagebrush Court South, 7700 -7713 300 x 27 900 0.12 2.25 Rollinq Ridqe Drive - Cul -de -Sac 5 Oakview Avenue, 7500 432 x 27 1,296 0.18 2.43 North Park Drive - Parkwood Drive 6 Dogwood Lane, 6700 -6800 1,704 x 27 5,112 0.73 3.16 Rufe Snow Drive - Meadowview Terrace 7 Chelmsford Place, 7400 -7456 677 x 27 2,031 0.29 3.45 Little Ranch Road - Sandhurst Lane East 8 Tunbridge Drive, 7400 -7456 842 x 27 2,526 0.36 3.81 Sandhurst Lane South - Sandhurst Lane East 9 Oakland Lane, '7200 -7300 1,142 x 27 3,426 0.49 4.3 Holiday Lane - Cummings Drive Sagebrush Court North, 7700 -7737 10 Rollinq Ridqe Drive - Cul -de -Sac 400 x 27 1,200 0.17 4.47 11 Kimberly Court, 7600 -7637 600 x 27 1,800 0.26 4.73 Holiday Lane - Cul -de -Sac 12 Caton Drive, 4900 777 x 27 2,331 0.33 5.06 Corona Drive - Marilyn Lane 13 Steven Street, 4200 -4400 1,035 x 27 3,105 0.44 5.5 Manor Drive - Brilev Drive 14 Springdale Lane, 6800 -7000 850 x 37 3,494 0.36 5.86 Green Ridqe Trail - Crosstimbers Lane Susan Lee Lane, 7400 -7700 15 Boqart Drive - North Richland Boulevard 1,150 x 37 4,728 0.49 6.35 16 Stone Drive, 5800 350 x 27 1,050 0.15 6.5 Jean Ann Drive - Terry Drive 17 College Circle, 7700 -7800 1,410 x 37 5,797 0.6 7.1 Davis Boulevard - Terry Drive 18 Jerry Court, 6500 -6512 250 x 27 750 0.1 7.2 Main Street - Cul -de -Sac 19 Chilton Drive, 6432 -6467 250 x 27 750 0.1 7.3 Main Street - Woodstair Drive 20 Little Ranch Road, 6700 -6900 2,650 x 20 5 „889 1.13 8.43 Chapman Road - Hightower Drive 21 Maple Street, 4800 -4808 375 x 27 1,125 0.16 8.59 Bedford - Euless Road - Lazy Lane Road 22 O'Brian Way, 8200 850 x 27 2,550 0.36 8.95 Newman Drive - Cork Lane 23 Irish Drive, 8212 -8252 600 x 27 1,800 0.26 9.21 Newman Drive - Darin Street 24 Claymore Court, 5800 120 x 27 360 0.05 9.26 Ulster Drive - Cul -de -Sac 25 'Limerick Lane, 7900 -8000 1,000 x 27 3,000 0.43 9.69 Galwav Lane - Belfast Lane TOTAL: 645,148 71 9.69 9.69 N RH S 2012 CRACK SEAL TREET LIS I t 4 J NO STREET 1- North Richland Blvd. 7400- 7&30 2- Sandhurst Ln S, 7400 3- Iuteado wview Terrace, 70 -7300 4. Sagebrush Ct S, 7700 & Oakview Ave, 7500 6. Dogwood Lr;, 6700 -6800 7. Chelmsford 71 % 7400 8- Tunbridge Cdr, 7400 9- Oakland Ln, 7200 -73C 10- Sagebrush Ct N, 7700 11. Kimberly Ct, 760 11 Caton Dr, 4900 11 Steven St, 420GA400 14- Springdale Ln, 6WO -70D0 15- Susan Lee Ln, 7400.7700 16- Stone Dr; 5800 17. College Cir, 7700 -7800 18. Jerry Ct, 6500 19. Chilton Dr, 6404 20- Little Ranch Rd, 6700 -6 21- Maple St, 4900 22- O'Brian Way, 8200 23- Irish Dr, 8200 24- Claymore CL 5800 - 25- Limerick Ln, 7964 -80DD 10, 6 - -�, 513 Ipurl` I s - rte' 'h. 1 inch= 4,O00 feet 2012 Miscellaneous Concrete Repairs NO. STREET LENGTH/ WIDTH TOTAL YARDS YARDS ACCUMULATIVE SQUARE YARD TOTAL 2" HMAC OVERLAY COST SUBGRADE & CURBfGUTTER COST TOTAL ESTIMATED COST ACCUMULATIVE COST TOTAL Mi - Cities Boulevard, -8100 1 Rule Snow Drive - Davis Boulevard NA NA NA NA MA $50,000 $5[1,000 Bursey Road Rule Snow Drive - Douglas Lane TOTAL NA NA NA NA NA $50,000 55[1,000 2012 OVERLAY STREET LISTING N0 STREF " klid-cilies BoulE 2 L Birsey Road, �et M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. E.3 PW 2012 -015 Award of Project RFB No. 12 -020 to Stabile & Winn, Inc. in the Amount of '$347,841.00 for the Construction of the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) Presenter: Gregory Ilan Nieuwenhuize Summarv: The City Council is being asked to award a construction contract for the CIP Project identified as "Tabor Street Improvements Project (Rufe Snow Drive to Steven Street)" in the Capital Projects Budget. General Description: On May 3, 2012, a bid opening was conducted for the Tabor Street Paving Improvements Project (the "Project "). This section of Tabor Street was originally constructed in 1950 as an asphalt street. This street is in excess of 60 years in age and was last overlaid in 1975. The project was originally identified in the 2003 Bond Program. The FY 201112012 Capital Projects Budget identifies a $332,000.00 construction budget for the project. The project will consist of reconstructing approximately 1,300 feet of asphalt pavement with concrete pavement to comply with the current city standards including the introduction of sidewalks. Notice of the city's intent to bid was advertised in local newspapers, as required by State statute, and posted on the city's website. The project received three (3) bids, which were opened during the May V bid opening. The bids were as follows: CONTRACTOR NAME TOTAL BID Stabile & Winn, Inc. $ 347,841.00 JLB Contracting, LLC $ 372,948.18 McClendon Construction Company, Inc. $ 376,126.50 The Project's design engineer (Pacheco (Koch Consulting Engineers, Inc.) recommends awarding the contract to the lowest bidder: Stabile & Winn, Inc., who has previously performed work similar to this for the city. On these previous projects, Stabile & Winn have met the city's specifications for the work constructed and this work was completed on schedule. Stabile & Winn most recently completed the Yarmouth Avenue project in the summer of 2010. There is one issue with the Project that warrants further discussion. This issue is the lowest responsible bid being approximately $16,000 more than the amount available in the Project's construction account ($332,000). The first item that staff considered is whether the bid of $347,841.00 is reasonable for the project. From reviewing the detailed bid tabulation of the submitted bids, it appears that each (bidder's unit prices, for the most part, are fairly close to each other. Additionally, because all of the bids are within 7.5% of each other, staff believes the low bid to be a reasonable bid for the work required of the Project. The next item that staff looked into was to determine the reason that the bids exceeded the funding available in the construction account. Pacheco Koch Consulting Engineers (PKCE) has indicated that they have witnessed an increase in bid prices because there has been a rise in construction activity in the Tarrant County area. PKCE believes the apparent low bid from Stabile & Winn, Inc. appears to be fair and reasonable and they recommend award of the contract to Stabile & Winn. Staff has conducted a budget transfer of $16,000 from the recently constructed Douglas Lane Street and Utility Improvements project. Upon the completion of this transfer, there is sufficient construction funding for this project. Recommendation: Award RFI3 No. 12 -020 to Stabile & Winn, Inc. in the Amount of $347,841.00 for the Construction of the Tabor Street Improvements (Rufe Snow Drive to Steven Street) Project (ST1002) BGE - DR —y 1 R¢VIERA -Di: M E rr o W 4 MANOR -B.I ]GE-DR —M— j v x rp CLIVER -D:: v RIDGE -DR --- GE ORGIA-AVE: RIDGE VICTORIA—AVE LL NDA-SUE-GiR - 0 z rI) —4�J- LL 7) CL M M x ERILEY [D- 1 M M M o M z 11ICE -DR � 4 MANOR -B.I r ¢ v Taborst r Street Improvements (Rafe Snow Dr to Steven St) GROSS -ST - z 0 Q y R fVi ERA a TURNER A C7 t✓ u U z I � 1 �;LENVIEW a LU U z Q G { �y \ (y N -RC HAIMONSON -RE' y O '. t ,"► Tabor St Street Improvements (Rufe Snow Dr to Steven St) Tti l F S NORTH RICH LAND HILLS Project Locator heap M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. EA PW 2012 -016 Award of Project RFB No. 12 -022 to McClendon Construction Company, Inc. in the Amount of $1,192,544.05 for the Construction of the Trinidad Drive (Rufe Snow Drive to Holiday Lane) Street Improvements Project (ST0909) Presenter: Gregory Van Nieuwenhuize Summarv: The City Council is being asked to award a construction contract for the CIP Project identified as "Trinidad Drive (Rufe Snow Drive to Holiday Lane)" in the Capital Projects Budget. General Description: On May 10, 2012, a bid opening was conducted for the Trinidad Drive (Rufe Snow Drive to Holiday Lane) Street Improvements Project (the "Project "). The project was originally identified in the 2003 Bond Program. The FY 2011/2012 Capital Projects Budget identifies a $928,000.00 construction budget for the project. The project will consist of reconstructing approximately 3,500 feet of asphalt pavement with concrete pavement to comply with the current city standards. In addition, existing sidewalks will be reconstructed, parkway areas without sidewalks will have sidewalks installed and minor changes to the water (replacement of service lines under the pavement) and sanitary sewer systems (replacement of clean -outs with manholes) will be implemented. Notice of the city's intent to bid was advertised in local newspapers, as required by State statute, and posted on the city's Website. The project received four (4) bids, which were opened during the May 10 bid opening. The bids were as follows: CONTRACTOR NAME TOTAL BID McClendon Construction Company, Inc. $ 1,192,544.05 Stabile & Winn $ 1,210,257.13 JLB Contracting, LLC $ 1,269,399.15 Tiseo Paving Company $ 1,269,434.10 The Project's design engineer (DeOtte, Inc.) recommends awarding the contract to the lowest bidder: McClendon Construction Company, Inc., ( "MCC ") who has previously performed work similar to this for the city. On these previous projects, MCC has met the city's specifications for the work constructed and this work was completed on schedule. MCC most recently completed the Odell Street Drainage Improvements project. There is one issue with the Project that warrants further discussion. This issue is the lowest responsible bid being approximately $265,000 more than the amount available in the Project's construction account ($928,000). The first item that staff considered is whether the bid of $1,192,544.05 is reasonable for the project. From reviewing the detailed bid tabulation of the submitted bids, it appears that each bidder's unit prices, for the most part, are fairly close to each other. Additionally, because all of the bids are within 6% of each other, staff believes the low bid to be a reasonable bid for the work required of the Project. The next item that staff looked into was to determine the reason that the bids exceeded the funding available in the construction account. DeOtte has indicated that the most significant reason for this disparity is the general increase in the cost of construction since July of 2010, and more specifically — the cost of concrete paving. DeOtte's research indicates that there has been an approximately 16% increase in the cost of paving construction prices from July 2010 to May 2012. Secondly, the Project's initial conceptual estimate assumed that only the existing sidewalks which were disturbed by the construction of the road would be replaced as needed. However, during the design process, it was determined that due to the condition of the existing sidewalks, their potential to remain undamaged during construction and their elevation relative to the new pavement section, the Project's design includes replacement of all existing sidewalks and installing sidewalks where none presently exist. Lastly, DeOtte indicated that they have generally seen a large increase in the number of projects bid over the last four (4) months. Their discussions with various contractors have indicated that these contractors are operating at or near their workload capacity. Although difficult to assess exactly what impact this has on bid prices, it appears, considering the relatively few number of bidders and their relative sizes, that the overall construction environment within the region probably had some affect in increasing the bid prices for this project. Considering these factors, DeOtte has stated that the apparent low bid from McClendon Construction Company, Inc. appears to be fair and reasonable and they recommend award of the contract to MCC. Staff has conducted a budget transfer of $265,000 from the recently constructed Douglas Lane Street and Utility Improvements project. Upon the completion of this transfer, there is sufficient construction funding for this project. Recommendation: Award RFB No. 12 -022 to McClendon Construction Company, Inc. in the Amount of $1,192,544.05 for the Construction of the Trinidad Drive (Rufe Snow Drive to Holiday Lane) Street Improvements Project (ST0909) F€N1N+J @Df]R� - � r - OR6RUOIC - p'i — SURRIS MID —CITI S BLVD J Trinidad Dr (Rufe S now Dr to Holiday Ln) 00 —Aas i" QR 6LVD w Fe F " ' R 'E-CRE5X-'➢R~ MM — ( Y W E"06 5 -eT {� �] of �(, W MI'J R--LL— n HI LiTDP-®R— a P O N 1 ff c'r a �1 �pI GJFFISV+fk-0{FH � p61if�HFR -0RS$ I Trinidad Dr ( " , - 4 (Rufe Snow Dr to Holiday Ln) LX 0 4VESL: X11 Lg$ � - A ❑ SkWn CY16 ,YUA4ICAEIPF .ww.x�sn� i SAO f11U� �E'� w:roc WfNF357JPESIR � 2 N 1G' E S NRTH RICH LAND HILLS Project Locator heap u M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. F.1 GN 2012 -044 Approve Resolution to Authorize Investment Officers - Resolution No. 2012 -022 Presenter: Laury Fiorello Summarv: This resolution will update current investment officer authorizations. General Descrir)tion: As a result of staff changes, a resolution is required amending the authorized representatives list of current investment officer authorizations. The following positions are recommended to be included on the list of authorized individuals who can conduct investment transactions with authorized securities dealers, banking institutions, overnight pools, and custodial and safekeeping service institutions: Director of Finance Larry Koonce Assistant Director of Finance Laury IFiorello Accountant II Amy Stephens The proposed resolution authorizes the City Manager to execute the forms which designates these individuals as City representatives. Recommendation: To approve Resolution No. 2012 -022. M RH RESOLUTION NO. 2012 -022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the following officers of the City of North Richland Hills, Texas are hereby authorized to execute all investment transactions of the City with all securities dealers, banking institutions, investment pools, and custodial and safekeeping service institutions approved by the "City" investment committee in accordance with City's investment policy. Larry Koonce Director of Finance Signature Laury Fiorello Assistant Director of Finance Signature Amy Stephens Accountant II Signature SECTION 2.THAT the above officers of the City of North Richland Hills, Texas are hereby authorized to execute the Texpool, TexStar, and Logic Resolutions (Investment Pools) forms amending Authorized representatives on behalf of the governing body of the City. SECTION 3. THAT the City Manager is hereby authorized to execute the amendment forms, a copy of which is attached (hereto and made a part hereof as the act and deed of this City. PASSED AND APPROVED this the 11th day of June, 2012. ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney M-AM POO RESOLUTION AMENDING * * * * * * * * * * * An In��eslm.enl Scrvice for F uB11e Funds AUTHORIZED REPRESENTATIVES WHEREAS City of North Richland Hills, Texas (Location #78206) (Participant Name & Location Number) ( "Participant ") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TexPool/ Texpool Prime "), a public funds investment pool, were created on behalf of entities whose investment. objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as follows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool l TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by all re mainin g Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's TexPool l TexPool Prime account or (2) is no longer employed by the Participant; and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; List the Authorized Representatives of the Participant. Any new individuals will be issued personal identification numbers to transact business with TexPool Participant Services. 1. Name: Larry Koonce Title: Director of Finance Phone/Fax/Email: Ph (817) 427 -6167 Fax (817) 427 -6151 Email: Ikoonce @nrhtx.com Signature: 2. Name: Laury Fiorello Title: Assistant Director of Finance Phone/Fax/EtnaiL Ph (817) 427 -6152 Fax (817) 427 -6151 Email: Ifiorello @nrhtx.com Signature: ORIGINALS REQUIRED TEX — REP TexPool Participant Services • Federated Investors Inc 1001 Texas Ave., Suite 1400 • Houston, TX 77002 • www.tex000l.com • 1 -866 -839 -7665 01/11 3. Name: Amy Stephens Title: Accountant II Phone/Fax+'Email: Ph (817) 427 -6161 Fax (817) 427 -6151 Email: astephens@nrhtx.com Signature: 4. Name: Phone/Fax/Email: Signature: Title: List the name of the Authorized Representative listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement. Name Laury Fiorello In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot perform transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. 5. Name: Phyllis O'Neal Title: Finance Assistant Phone/Fax/Email: Ph (817) 427 -6169 Fax (817) 427 -6151 Email: poneal @nrhtx.com D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular /special meeting held on the 11th day June , 20 12 . NAME OF PARTICIPANT: City of North Richland Hills, Texas BY: Signature Mark Hindman Printed Name City Manager Title ATTEST: Signature Patricia Hutson Printed Name City Secretary Title This document supersedes all prior Authorized Representative designations. ORIGINALS REQUIRED TEY — REP TexPool Participant Services • Federated Investors Inc 1001 Texas Ave., Suite 1400 • Houston, TX 77002 • www.texmol.com • 1- 865 -839-7655 01/11 TexSTAR� 1,l►j14k **Q111LIAIM► WHEREAS, City of North Richland Hills, Texas (the "Government Entity ") by authority of the Application for Participation in TexSTAR (the "Application ") has entered into an Interlocal Agreement (the "Agreement ") and has become a participant in the public funds investment pool created there under known as TexSTAR Short Term Assert Reserve Fund ( "TexSTAR "); WHEREAS, the Application designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: S ECTION 1. The following officers, officials or employees of the Government Entity specified in this document are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. S ECTION 2. This document supersedes and replaces the Government Entity's previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement S ECTION 3. This resolution will continue in full force and effect until amended or revoked by Government Entity and written notice of the amendment or revocation is delivered to the TFXSTAR Board. S ECTION 4. Terms used in this resolution have the meanings given to them by the Application. Authorized Representatives. Each of the following Participant officials is designated as Participant's Authorized Representative authorized to give notices and instructions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: 1. Name: Larry Koonce Title: Director of Finance Signature: Phone: (817) 427 -6167 Email: Ikoonce@nrhtx.com 2. Name: Laury Fiorello Title: Assistant Director of Finance Signature: Phone: (817) 427 -6169 Email: Iorello@nrhtx.com 3. Name: Amy Stephens Title: Accountant II Signature: Phone: (817) 427 -6161 Email: astephens(cD-nrhtx.com 4. Name: Title: Signature: Phone: Email: {REQUIRED} PRIMARY CONTACT. List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all TexSTAR correspondence including transaction confirmations and monthly statements Name: Laury Fiorello {OPTIONAL} INQUIRY ONLY CONTACT. • In addition, the following additional Participant representative not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: Phvllis O'Neal Title: Finance Assistant Signature: Phone: (817) 427 -6169 Email: Assistant Director of Finance Participant may designate other authorized representatives by written instrument signed by an existing Participant Authorized Representative or Participant's chief executive officer. DATED June 11, 2012 City of North Richland Hills, Texas (NAME of PARTICIPANT) SIGNED BY: (Signature of official) Mark Hindman, City Manager (Printed name and title) ATTESTED BY: (Signature of official) Patricia Hutson, City Secretary (Printed name and title) FOR INTERNAL USE ONLY APPROVED AND ACCEPTED: TEXAS SHORT TERM ASSET RESERVE FUND OFFICIAL SEAL OF PARTICIPANT (REQUIRED) .................................................. I.................... AUTHORIZED SIGNER RESOLUTION CHANGING AUTHORIZED REPRESENTATIVES FOR LOCAL GOVERNMENT INVESTMENT COOPERATIVE WHEREAS City of North Richland Hills, Texas (the "Government Entity') by authority of that certain Local Government Investment Cooperative Resolution (the "Resolution ") has entered into that certain hiterlocal Agreement (the "Agreement ") and has become a participant in the public funds investment pool created thereunder known as Local Government Investment Cooperative ( "LOGIC "); WHEREAS, the Resolution designated on one or more "Authorized Representatives" within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: The following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to: deposit money to and withdrawal money from the Government Entity's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC: 1. Name: Larry Koonce Signat«re: 2. Name: Laury Fiorello Sigaahire: 3. Name: ,Amy Stephens Signature: Title: Director of Finance Phone: (817) 427 -6157 Email: Ikoonce@nrhtx.com Title: Assistant Director of Finance Phone: (817) 427 -6152 Email: Ifiorello@nrhtx.com Title:Accountant II Phone: (817) 427 -6161 Email -astephens@nrhtx.com 4. Name: Signature: Title: Phone: Email: Aanending Resolution 8/5/2011 {REQUIRED) PRINLARY CONTACT: List the name of the Authorized Representative listed above that will be designated as the Primary Contact and will receive all LOGIC correspondence including transaction confirmations and monthly statements Name: Laury Fiorello {OPTIONAL) INQUIRY ONLY CONTACT: In addition, the following additional Participant representative (not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: Phyllis O'Neal Title: Finance Assistant Signature: Phone: (8 17) 427-6169 Email: poneal cnrhtx.com Applicant may designate other authorized representatives by written instrument signed by an existing Applicant Authorized Representative or Applicant's chief executive officer. The foregoing supersedes and replaces the Government Entity's previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in frill force and effect. PASSED AND APPROVED this OFFIC SEAL OF PARTICIPANT (REQUIRED) 11th day of J u ne City of North Richland Hills, Texas SIG \ED BY: ('NAME of ENTITY /APPLICANT) (Signature of official) Mary Hindman, City Manager ATTESTED BY: (Printed naine and title) (Signature of official) Patricia Hutson, City Secretary (Printed name and title) LOGIC strongly recommends that the Personal Identification Number (PIN) be changed if there is a change in "Authorized Representatives ". Please include a request to change the PIN number when sending the "Amending Resolution" to LOGIC. Amending Resolution 8/5/2011 M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. F.2 GN 2012 -045 Approve the Amendment to the Iron Horse Golf Course Management Agreement with Eagle Golf Presenter: Vickie Loftice Summarv: This item is to amend the Agreement with Eagle Golf for the Management of Iron Horse Golf Course. The current agreement is for a five year term with two one (1) year renewal options. To comply with IRS rules on management agreements for tax exempt bond- financed facilities, the agreement needs to be modified to a one (1) year agreement with six (6) automatic one (1) year terms. General Descriution: Iron Horse Golf Course opened to the public in 1989 and since that time the City has contracted out the management and operations of the golf course with Eagle Golf. The most recent agreement was approved by City Council on February 27, 2012 and included a term of five (5) years, with two one (1) year renewal options. In order to comply with the rules promulgated by the IRS on management agreements for bond- financed facilities contained in Revenue Procedure 97 -13, the term of the contract needs to be shortened to one year. to accommodate a management fee which is exclusively a percentage of revenues from the golf course. The proposed amendment automatically renews for six additional one year terms, unless either party gives written notice of nonrenewal. Staff has reviewed the changes with Eagle Golf and the City Attorney has reviewed and approved the amendment. Recommendation: Approve the Amendment to the Iron Horse Golf Course Management Agreement with Eagle Golf. Amendment to Management Agreement For the Management of Iron Horse Golf Course North Richland Hills, Texas This Amendment to the Management Agreement dated February 27, 2012, pertaining to the Iron Horse Golf Course (the "Management Agreement ") is made and entered into by and between The City of North Richland Hills (the "City ") and Evergreen Alliance Golf Limited, L.P., a Delaware limited partnership ( "EAGLE ") as of February 27, 2012. Section 1 of the Management Agreement is deleted in its entirety and replaced by the following paragraph: 1. Term of Agreement. The term of this Agreement shall begin on March 1, 2012, and shall end at 11:59 p.m. on the day preceding the first (1st) anniversary of the start date, subject to the termination provisions of Sections 9 and 10 hereof. This Agreement shall be automatically renewed for six (6) additional one (1) year terms, unless either party shall give notice in writing to the other party of its intent not to renew the contract at least ninety (90) days prior to the end of the applicable one year term. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year first written above. CITY OF NORTH RICHLAND HILLS, TEXAS By: Mark Hindman. City Manager Date EVERGREEN ALLIANCE GOLF LIMITED, L.P., a Delaware limited partnership By: Premier Golf, EAGLE GP, L.L.C.., a Delaware Limited Liability Company, its General Partner By Authorized Signature Date M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. F.3 GN 2012 -046 Renew Annual Contract for 2012 Audit Services with Deloitte and Touche, LLP Presenter: Laury Fiorello Summarv: Deloitte and Touche, LLP has submitted an engagement letter for audit services for the 2012 fiscal year. Management and staff have met with their representatives and determined that the proposal is reasonable based on the number of hours and types of audits anticipated. Their pricing includes a 6% increase over the fiscal year 2011 audit. General Description: Over the last several years auditing and accounting standards have drastically changed. Many factors have contributed to the increased time necessary to complete a thorough audit of the City's financial statements. Services provided include, but are not limited to, the annual audit of the City's financial statements, review of the Comprehensive Annual Financial Report ( "CAFR "), State and Federal Grant auditing and reporting, bond sale official statement review, and compliance testing of the requirements of the Texas Public Funds Investment Act as amended. Deloitte and Touche, LLP's fees for the financial statement audit will not exceed $134,000 and for Single Audit will not exceed $14,750, for a total fee of $148,750. For each bond official statement a fee of $5,000 will be assessed for review of financial information provided within the official statement document. The original contract with Deloitte and Touche was for three years with two 1 year options. This renewal is the first one year renewal of the original contract. Recommendation: Authorize Renewal of the Annual Contract for Audit Services with Deloitte and Touche, LLP. Deloitte Deloitte & Touche LLP 2200 Floss Ave. Suite 1600 Dallas, TX 75201 USA May 23, 2012 Tel: +1 214 840 7000 Fax: +1 214 840 7050 Mr. []scar Trevino vsww.deloitte.com Mayor City of North Richland Hills 7301 N.E. Loop 820 North. Richland Hills, Texas 76180 Mr. Mark Hindman City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Dear Mr. Hindman: Deloitte & Touche LLP ( "D &T" or "we" or "us") is pleased to serve as independent auditors for City of North Richland Hills (the "City" or "you" or "your "). Mr. Terry Kile will be responsible for the services that we perform for the City hereunder. In addition to the audit services we are engaged to provide under this engagement letter, we would also be pleased to assist the City on issues as they arise throughout the year. Hence, we hope that you will call Mr. File whenever you believe D &T can be of assistance. The services to be performed by D &T pursuant to this engagement are subject to the terms and conditions set forth herein and in the accompanying appendices. Such terms and conditions shall be effective as of the date of the commencement of such services. Audit of Basic Financial Statements and Other Reporting Our engagement is to perform an audit in accordance with (1) auditing standards generally accepted in the United States of America ( "generally accepted auditing standards ") and (2) the standards applicable to financial audits contained in GovernmentAuditing Standards, issued by the Comptroller General of the United States ( "generally accepted government auditing standards "). The objectives of an audit conducted in accordance with the aforementioned standards are to: r Express an opinion on the fairness of the presentation of each opinion unit of the City's basic financial statements, and to disclaim an opinion on the rewired supplementary information for the year ending September 30, 2012, in conformity with accounting principles generally accepted in the United States of America ( "generally accepted accounting principles "), in all material respects • Express an opinion on whether the supplementary information that accompanies the basic financial statements, including the schedule of expenditures of federal awards, are Member of Deloftle Touche Tohmatsu Llmited presented fairly, in all material respects, in relation to the basic financial statements taken as a whole • Report on the City's internal control over financial reporting and on its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters for the year ending September 30, 2012, based on an audit of financial statements performed in accordance with the standards applicable to financial audits contained in generally accepted government auditing standards • Report on the City's compliance with requirements applicable to each major program and on internal control over compliance in accordance with the U.S. Office of Management and Budgel (O ) Circulaar A -133 Compliance Supplement ( "OMB Circular A- 133 "). Appendixes A contains a description of our responsibilities and an audit under generally accepted auditing standards, generally accepted government auditing standards, and OMB Circular A -133. Our ability to express any opinion and the wording thereof will, of course, be dependent on the facts and circumstances at the date of our reports. lf, for any reason, we are unable to complete the audit or are unable to form or have not formed airy opinion, we may decline to express any opinion or decline to issue any report as a result of this engagement. If we are unable to complete our audit or if any report to be issued by ❑ &T as a result of this engagement requires modification, the reasons therefor will be discussed with the City Council and the City's management. Our reports on (1) the City's internal control over financial reporting and on its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters and (2) time City's compliance with requirements under each major program and internal control over compliance will state and the City agrees that such reports are intended solely for the information and use of the City Council, management, federal awarding agencies, and pass- through entities . and that such reports are not intended to be and should not be used by anyone other than these specified parties. Management's Responsibilities Appendix B describes management's responsibilities for (1) the basic financial statements and all accompanying information, (2) representation letters, (3) the process for obtaining preapproval of services, (4) independence matters relating to providing certain services, and (5) independence matters relating to hiring. Communications with the City Council Appendix C describes various matters that we are required by generally accepted auditing standards and generally accepted government auditing standards to communicate with the City Council and management. Fees Appendix D includes an estimated timetable for the services included in this engagement letter. We estimate that our fees for the financial statement audit will not to exceed $134,000 and for the Single Audit will not to exceed $14,750, for a total fee of $148,750. Based on the anticipated timing of the work as indicated in Appendix D, our fees will be billed approximately as follows: These fees include the audit of one major program in the single audit. If there are additional major programs required to be audited, the total fees will be increased by an amount not to exceed $6,000 per program. Our continued service on this engagement is dependent upon payment of our invoices in accordance with these terrors. To the extent that certain circumstances, as listed in Appendix E, arise during this engagement, our fee estimate also may significantly affected, and additional fees may be necessary. We will notify you promptly of any circumstances we encounter that could significantly affect our estimate and discuss with you any additional fees, as necessary. Additional services provided beyond the scope of services described herein will be billed separately.. Additional services requested beyond the scope of services described herein would be subject to the mutual agreement of the City and D &T at such time as D &T is engaged to perform the services and would be described in a separate engagement letter. Access to Working papers by Regulators In accordance with the requirements of generally accepted government auditing standards, we are required to make all audit - related documents, including auditors' reports, working papers, and management letters, available to a federal agency or the Comptroller General of the United States upon their request for their regulatory oversight purposes. If such a request is made, we will inform you prior to providing such access. The working papers for this engagement are the property of D &T and constitute D &T's confidential information. We may request confidential treatment of D &T information. If we are requested to make photocopies of audit - related documents, we will maintain control over duplication of all information. City of North Richland Hills hereby grants us permission to provide access to and to make and permit others to make photocopies of all audit- related documents, including auditors' reports, working papers and Invoice Date Amount September, 2012 $35,000 January, 2013 $40,000 February, 2013 $40,000 March, 2013 $33,750 We anticipate sending invoices according to the above schedule, and payments are due 30 days from the date of the invoice. These fees include the audit of one major program in the single audit. If there are additional major programs required to be audited, the total fees will be increased by an amount not to exceed $6,000 per program. Our continued service on this engagement is dependent upon payment of our invoices in accordance with these terrors. To the extent that certain circumstances, as listed in Appendix E, arise during this engagement, our fee estimate also may significantly affected, and additional fees may be necessary. We will notify you promptly of any circumstances we encounter that could significantly affect our estimate and discuss with you any additional fees, as necessary. Additional services provided beyond the scope of services described herein will be billed separately.. Additional services requested beyond the scope of services described herein would be subject to the mutual agreement of the City and D &T at such time as D &T is engaged to perform the services and would be described in a separate engagement letter. Access to Working papers by Regulators In accordance with the requirements of generally accepted government auditing standards, we are required to make all audit - related documents, including auditors' reports, working papers, and management letters, available to a federal agency or the Comptroller General of the United States upon their request for their regulatory oversight purposes. If such a request is made, we will inform you prior to providing such access. The working papers for this engagement are the property of D &T and constitute D &T's confidential information. We may request confidential treatment of D &T information. If we are requested to make photocopies of audit - related documents, we will maintain control over duplication of all information. City of North Richland Hills hereby grants us permission to provide access to and to make and permit others to make photocopies of all audit- related documents, including auditors' reports, working papers and management letters, to representatives of the United States Government Accountability Office (GAO) or other appropriate government audit staffs. D &T may require its personnel to supervise the photocopying of audit - related documents and may specify the location at which such documents may be photocopied. The working papers relating to this audit will be retained by us for a minimum of three years from the dates of the reports issued, or such longer- period as required to satisfy legal and administrative requirements. Inclusion of D&T Reports or References to D&T in Other Documents or Electronic Sites If the City intends to publish or otherwise reproduce in any document any report issued as a result of this engagement, or otherwise make reference to D &T in a document that contains other information in addition to the audited basic financial statements (e.g., in a periodic filing with a regulator, in a debt or equity offering circular, or in a, private placement memorandum), thereby associating D &T with such document, the City agrees that its management will provide D &T with a draft of the document to read and obtain our approval for the inclusion or incorporation by reference of such reports, or the reference to D&T, in such document before the document is printed and distributed. The inclusion or incorporation by reference of any of our reports in any such document would constitute the reissuance of such reports. The City also agrees that its management will notify us and obtain our approval prior to including any of our reports on an electronic site. Our engagement to perform the services described herein does not constitute our agreement to be associated with any such documents published or reproduced by or on behalf of the City. Any request by the City to reissue any report issued as a result of this engagement, to consent to any such report's inclusion or incorporation by reference in an offering or other document, or to agree to any such report's inclusion on an electronic site will be considered based on the facts and circumstances existing at the time of such request. The estimated fees outlined herein do not include any services that would need to be performed in connection with any such request; fees for such services (and their scope) would be subject to the mutual agreement of the City and D &T at such time as D &T is engaged to perform the services and would be described in a separate engagement letter. Our fee for this additional work is $5,000 per bond issuance. Should. the City require agreed -upon procedures related to revenue bond coverage, our fee would be increased to $7,500 per bond issuance. 2013 Annual Audit The parties acknowledge and agree that each performance of an annual audit or issuance of any report by D&T on the City's basic financial statements, the City's internal control over financial reporting and its compliance with certain provisions of laws, regulation, contracts, and grant agreements, and the City's compliance with requirements under OMB Circular A -133 is a separate engagement that is expected to be performed under the terms of a separate mutually agreed upon engagement letter. If the City requests and we agree to commence performing any such separate engagement prior to the execution of a separate mutually agreed upon engagement letter specific to such engagement, our performance of such engagement shall be governed by terms identical to the terms hereof unless and until a separate engagement letter specific to such engagement has been entered into by the parties. 4 This engagement letter, including Appendices A through G attached hereto and made a part hereof, constitutes the entire agreement between the parties with respect to this engagement and supersedes any other pricer or contemporaneous agreements or understandings between the parties, whether written or oral, relating to this engagement. If the above terms are acceptable and the services described are in accordance with your understanding, please sign the copy of this engagement letter in the space provided and return it to us. Yours truly, Acknowledged and approved on behalf of The City Council of City of North Richland Hills: Title: Date: Accepted and agreed to by City of North Richland Hills: RE Title: Date: APPENDIX A DESCRIPTION OF OUR RESPONSIBILITIES AND AN AUDIT UNDER GENERALLY ACCEPTED AUDITING STANDARDS, GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS, AND OMB CIRCULAR A-133 This Appendix A is part of the engagement letter elated May 23, 2012 between Deloitte & Touche LLF and City of North Richland Halls. Our Responsibilities Our responsibilities under generally accepted auditing standards and generally accepted government auditing standards include: Forming and expressing an opinion about whether the basic financial statements that have been prepared by management with the oversight ofthe City Council are presented fairly, in all material respects, in conformity with generally accepted accounting principles • Reporting on the scope and results of testing of the City's internal control over financial reporting and its compliance with certain provisions of laws, regulations, contracts, and grant agreements The audit of the basic financial statements does not relieve management orthe City Council of their responsibilities. Components of an Audit in Accordance With Generally Accepted Auditing Standards, Generally Accepted Government Auditing Standards, and OMB Circular A -133 An audit includes the following: • Obtaining an understanding of the City and its environment, including internal control, sufficient to assess the risks of material misstatement of the basic financial statements and to design the nature, timing, and extent of further audit procedures • Consideration of internal control over financial reporting, as a basis for designing audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting • Consideration of internal control and compliance over major federal programs, as a basis for determining the City's internal control over compliance with federal laws and other laws and regulations • Examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements • Inquiring directly of the City Council regarding its views about the risks of fraud and whether the City Council has knowledge of any fraud or suspected fraud affecting the City • Assessing the accounting principles used and significant estimates made by management. • Evaluating the overall basic financial statement presentation • Determining which federal programs should be considered mayor programs and thus be included within the scope of the compliance audit • Evaluating the overall presentation of the schedule of expenditures of federal awards in relation to the basic financial statements taken as a whole • Evaluating the items to be included in the schedule of findings and questioned costs and the reasonableness of the summary schedule of prior -year findings • Obtaining and reporting the views of responsible officials concerning the findings, conclusions, and recommendations, as well as their planned corrective actions • Preparing a schedule of findings and questioned costs • Completing the auditor- prepared sections of and signing the OMB Data Collection Form that summarizes our audit findings. We will also perform tests of the City's compliance with certain provisions of laws, regulations, and the provisions of contracts and grant agreements. However, it is not our objective to provide an opinion on overall compliance with those provisions, and accordingly, we will not express such an opinion. As part of our audit of the City's compliance with the requirements of major federal programs, we will obtain an understanding of the City's internal control related to administering major federal programs and we will assess risk as required by OMB Circular A -133 for the purpose of establishing the nature, timing, and extent of auditing procedures necessary for expressing an opinion concerning compliance with laws and regulations related to major federal award programs. In planning the audit, we will follow up on known significant findings and recommendations from previous financial audits, attestation engagements, performance audits, or other studies that directly relate to the objectives of the current audit to determine the effect on our risk assessment and audit procedures. Generally accepted accounting principles provide for certain required supplementary information (R5I), such as a management's discussion and analysis, to accompany the City's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City's RSI. Those limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management will affirm to us in its representation letter. Unless we have unresolved doubts with the presentation of the R51 or we are unable to complete our procedures, we will disclaim an opinion on the RSI. Supplementary infannation other than RS 1, such as the schedule of expenditures of federal awards, and statistical data, also accompany the City's basic financial statements. We will subject all supplementary information that is financially oriented to the audit procedures applied in our audit of the basic financial statements and render our opinion on whether that information is fairly presented, in all material respects, in relation to the City's basic financial statements taken as a whole. We will disclaim an opinion on supplementary information that comprises nonaccounting information or accounting information not directly related to the basic financial statements. We will also make specific inquiries of management about supplementary information, which management will affirm to us in its representation letter. Reasonable Assurance We will plan and perform our audit to obtain reasonable assurance about whether the basic financial statements for each opinion unit are free of material misstatement, whether caused by error or fraud, and we will perform tests of the City's compliance with certain provisions of laws, regulations, contracts, and grant agreements. However, because of the characteristics of fraud, a properly planned and performed audit may not detect a material misstaternentor material noncompliance. Therefore, an audit conducted in accordance with generally accepted auditing standards and generally accepted government auditing standards is designed to obtain reasonable, rather than absolute, assurance that the basic financial statements are free of material misstatement and that the City is in compliance with the applicable specific requirements. An audit is not designed to detect error or fraud that is immaterial to the basic financial statements or to detect immaterial instances of noncompliance, nor is it designed to provide assurance on internal control or to identify deficiencies in internal control. We will also plan and perform our audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements that are applicable to the City's major federal programs could have a direct and material effect on each of its major federal programs. An audit of compliance includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we consider necessary in the circurn stances. Our audit does not provide a legal determination on the City's compliance with those requirements. APPENDIX B MANAGEMENT'S RESPONSIBILITIES This Appendix B is part of the engagement letter dated May 23, 2012 between Deloitte & Touche LLP and City of North Ii~ichland Hills. Financial Statements, Internal Control, and Compliance The overall accuracy of the basic financial statements and all accompanying information and their conformity with generally accepted accounting principles is the responsibility of the City's management. In this regard, management has fie responsibility for, among other things: Selecting and applying the accountuig policies o Establishing and maintaining effective internal control over financial reporting and compliance with laws, regulations, and provisions of contracts or grant agreements a Designing and implementing programs and controls to prevent and detect fraud @ Identifying and ensuring that the City complies with the laws and regulations applicable to its activities and the provisions of contracts or grant agreements, and informing us of any known material violations of such laws, regulations, or provisions • Adjusting the basic financial statements to correct material misstatements w Making all financial records and related information available to us ■ Taking timely and appropriate steps to remedy fraud, illegal acts, violations of provisions of contracts or grant agreements, or abuse that we report E Having a process to track the status of audit findings and recommendations • Identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives of our audit and the corrective actions taken to address significant findings and recommendations + Providing its view on our current Findings, conclusions, and recommendations, as well as management's planned corrective actions, for our reports. The corrective action plan that the City develops for its OMB Circular A -133 reporting package may fully or partially satisfy this responsibility e Submitting the reporting package and COMB Data Collection Form to the Federal Audit Clearinghouse. • Providing D &T with (1 ) access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, such as records, docurnentation, and other matters, (2) additional information that we may request from management for the purpose of our audit, and (3) unrestricted access to personnel within the City from whom we determine it necessary to obtain evidence Representation Letters We will make specific inquiries of the City's management about the representations ( I ) embodied in the basic financial statements and all accompanying information, (2) regarding the effectiveness of internal control, and (3) regarding the City's compliance with laws, regulations, and the provisions of contracts and grant agreements. Additionally, we will request that management provide to us the written representations the City is required to provide to its independent auditors under generally accepted auditing standards and generally accepted government auditing standards. As part of our audit procedures, we will request that management provide us with a representation letter that includes, among other things: • Acknowledgment of management's responsibility for the preparation of the basic financial statements, all accompanying information and for compliance with laws and regulations applicable to federal award programs Acknowledgment of management's responsibility for the design and implementation of programs and controls to prevent and detect fraud o Affirmation of management's knowledge of any fraud or suspected fraud affecting the City involving management, employees wllo have significant roles in internal control, and others where the fraud could have a material effect on the basic financial statements • Affirmation of management's knowledge of any allegations of fraud or suspected fraud affecting the City • Affirmation of management's belief that the effects of any uncorrected financial statement misstatements aggregated by us during the current audit engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the basic financial statements taken as a whole for the applicable opinion units. We will also request that management confirm certain representations made to us during our audit. The responses to those inquiries and related written representations of management required by generally accepted auditing standards and generally accepted government auditing standards are part of the evidential matter that D &T wi I I rely on in forming its opinion on the City's basic financial statements. Because of the importance of management's representations, the City agrees to release and indemnify D &T, its subcontractors, and their respective personnel from all claims, liabilities, and expenses relating to our services under this engagement letter attributable to any misrepresentation by management. 10 Independence Matters Relating to Providing Certain Services In connection with our engagement, D &T, management, and the City Council will assume certain roles and responsibilities in an effort to assist D &T in maintaining independence. Management of the City will ensure that the City has policies and procedures in place for the purpose of ensuring that the City will not act to engage D &T or accept from D &T any service that under American Institute of Certified Public Accountants (AICPA), generally accepted government auditing standards, or other applicable rules would impair D &T's independence. All potential services are to be discussed with Mr. Kile. Independence Matters Relating to Hiring Management will coordinate with D &T to ensure that D &T's independence is not impaired by hiring former or current D &T partners, principals, or professional employees in a key position, as defined in the AICPA Code ofProfessional Conduct, that would cause a violation of the AICPA Code of Professional Conduct, generally accepted government auditing standards, or other applicable independence rules. Any employment opportunities with the City for a former or current D &T partner, principal, or professional employee should be discussed with Mr. Kite before entering into substantive employment conversations with the former or current D &T partner, principal, or professional employee. Debt Security Issuances The City agrees to furnish to D &T and beep D &T updated with respect to any debt securities of the City and its affiliates (including, without limitation, tax - advantaged debt of such entities that is issued through governmental authorities) that are available to individual investors (whether through stock, bond, commodity, futures or similar markets in or outside of the United States, or equity, debt, or any other securities offerings), together with related securities identification information (e.g., ticker symbols or CUSIPO, ISIN * , or S€dol numbers). The City acknowledges and consents that such information may be treated by D &T as being in the public domain. For purposes of the preceding three paragraphs, "D &T ' shall mean Deloitte & Touche LLP and its subsidiaries; Deloitte Touche Tohmatsu Limited, its member firms, the affiliates of Deloitte & Touche LLP, Deloitte Touche Tohmatsu Limited, and its member firms; and, in all cases, any successor or assignee. I APPENDIX C COMMUNICATIONS WITH THE CITY COUNCIL This Appendix C is part of the engagement letter dated May 23, 2012 between Deloitte & Touche LLP and City of North Richland Hills. Significant Matters We are responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to the responsibilities of the City Council in overseeing the financial reporting process. Fraud and Illegal Acts We will report directly to the City Council any fraud of which we become aware that involves senior management and any fi (whether caused by senior management or other employees) of which we become aware that causes a material misstatement of the basic financial statements. We will report to senior management any fraud perpetrated by lower - level employees of which we become aware that does not cause a material misstatement of the basic financial statements; however, we wiII not report such matters directly to the City Council, unless otherwise directed by the City Council. We will inform the appropriate level of management of the City and determine that the City Council is adequately informed with respect to illegal acts that have been detected or have otherwise come to our attention in the course of our audit, unless the illegal acts are clearly inconsequential. Internal Control Matters We will communicate, in writing, to management and the City Council all significant deficiencies and material weaknesses identified during the audit as required by A1CPA ALA 325, Communicating Internal Control Related Matters Identified in an Audit, and generally accepted government auditing standards. Our written communication will identify those matters considered by D &T to be significant deficiencies and those that are considered by D &T to be material weaknesses. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City's financial statements will not be prevented, or detected and corrected on a timely basis. We will also communicate certain matters to management andthe City Council, including our responsibilities for testing and reporting on the City's internal control over financial reporting and on its compliance with laws, regulations, and provisions of contracts or grant agreements, both for our financial statement audit and our compliance audit of major federal programs. 12 Other Matters As required by generally accepted government auditing standards, our report on the City's internal control over financial reporting and on its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters will include findings of material violations of such provisions, fraud and material abuse. In addition, we will communicate to management and the City Council the following matters, if any are identified during our audits: material noncompliance with laws, regulations, and provisions of contracts or grant agreements related to major programs; certain known questioned costs; fraud affecting federal awards, abuse that is material to a federal program; and other federal award audit findings as required by generally accepted government auditing standards and OMB Circular A -133. As part of our audit, we will be alert to situations or transactions that could be indicative of abuse as defined by generally accepted government auditing standards, which involves behavior that is deficient or improper when compared with behavior that a prudent person would consider reasonable and necessary business practice given the facts and circumstances. Abuse also includes misuse of authority or position for personal financial interests or those of an immediate or close family member or business associate. The determination of abuse is subjective; generally accepted government auditing standards do not require us to provide reasonable assurance of detecting abuse, and we will not design the audit to detect abuse. However, if we become aware of abuse that could be quantitatively or qualitatively material to the basic financial statements, we will apply procedures specially directed to ascertain the potential effect on the basic financial statements or rather financial data significant to the audit objectives. Under generally accepted auditing standards and generally accepted government auditing standards, we may be required to directly report fraud, illegal acts, violations of provisions of contracts or grant agreements, and abuse to outside parties. Generally accepted auditing standards and generally accepted government auditing standards do not require us to design procedures for the purpose of identifying other matters to communicate with the City Council. However, we will communicate to the City Council matters required by AICPA AU 384, The ,4uditor's Communication with Those Charged with Governance. We may also communicate to management and the City Council on internal control, compliance, or other matters we observe and possible ways to improve the City's operational efficiency and effectiveness or otherwise improve its internal control or other policies and procedures. 13 APPENDIX D COORDINATION OF THE AUDIT This Appendix D is part of the engagement Metter dated May 23, 2012 between Deloitte & Touche LLP and City of North Richland Hills. The tuning of our audit work will be coordinated with management and will be flexible to accommodate schedules of the City and D &T as needed. We will plan the performance of our audit in accordance with the following estimated timetable: Audit Performance Schedule: Planning Interim audit procedures Year -end audit procedures the City Council Communications: Report on audit, including communications required by AICPA AU 380 Communication of control-related matters (as required by AICPA AU 325) Report on the City's internal control over financial reporting and on compliance with certain provisions of laws, regulations, contracts, and grant agreements Report on the City's compliance with requirements applicable to each major program and on internal control over compliance as required by ONM Circular A -133 Estimated to Targeted for Begin Completion September October 2012 2012 September October 2012 2012 December March 2012 2013 March 2013 March 2013 March 2013 March 2013 14 APPENDIX E CIRCUMSTANCES AFFECTING TIMING AND FEE ESTIMATE This Appendix )E is part of the engagement letter dated May 23, 2012 between Deloitte & Touche LLP and City of North Richland Hills. The fees quoted for our services are based on certain assumptions. Circumstances may arise during the engagement that may significantly affect the targeted completion dates or our fee estimate. As a result, changes to the fees may be necessary. Such circumstances include but are not limited to the following: Audit Facilitation 1. Changes to the timing of the engagement at the City's request. Changes to the timing of the engagement usually require reassignment of personnel used by D &T in the performance of services hereunder. However, because it is often difficult to reassign individuals to other engagements, D &T may incur significant unanticipated costs. 2. All audit schedules are not (a) provided by the City on the date requested, (b) completed in a format acceptable to D &T, (c) mathematically correct, or (d) in agreement with the appropriate City records (e.g., general ledger accounts). D &T will provide the City with a separate listing of required schedules, information requests, and the dates such items are needed. 3. Significant delays in responding to our requests for information, such as reconciling variances or providing requested supporting documentation (e.g., invoices, contracts, and other documents). 4. Deterioration in the quality of the City's accounting records during the current -year engagement in comparison with the prior -year engagement. 5. A completed trial balance, referenced to the supporting analyses and schedules and basic financial statements, is not provided timely by the City's personnel. 6. Draft basic financial statements with appropriate supporting documentation are not prepared accurately and timely by the City's personnel. 7. Electronic files in an appropriate format and containing the information requested are not provided by the City on the date requested for our use in performing file interrogation. D &T will provide the City with a separate listing of the required files and the dates the files are needed. 8. The engagement team, while performing work on the City's premises, is not provided with high -speed access to the Internet via the City's existing network or through a T1, DSL, or cable connection for purposes of conducting the engagement. 15 Significant Issues or Changes 9. Significant deficiencies or material weaknesses in the design or operating effectiveness of the City's internal control over financial reporting or internal control over federal programs are identified during our audit that result in the expansion of our audit procedures. 10. A significant level of proposed audit adjustments is identified during our audit. 11. A significant number of drafts of the basic financial statements are submitted for our review, or we identify a significant level of deficiencies in the draft basic financial statements. 12. Significant new issues or changes as follows: a. Significant new accounting issues. b. Significant changes in accounting policies or practices from those used in prior years. c. Significant events or transactions not contemplated in our budgets. d. Significant changes in the City's financial repotting process or Information Technology system S. e. Significant changes in the City's accounting personnel, their responsibilities, or their availability. f. Significant changes in auditing standards. g. Significant changes in the City's use of specialists, or the specialists or their work product does not meet the qualifications required by generally accepted auditing standards for our reliance upon their work. 13. The procedures necessary to adopt any new Statements of Government Accotuiting Standards have not been completed by the City's personnel. 14. Changes in audit scope caused by events that are beyond our control. Payment for Services Rendered 15. Without limiting its rights or remedies, D &T may halt or terminate its services entirely if payment is not received within 30 days of the date of the invoice. 16 GENERAL BUSINESS TERMS APPENDIX F This Appendix F is part of the engagement letter to which these terms are attached (the engagement letter, including its appendices, the "engagement letter) dated May 23, 2012 between Deloitte & Touche LLP and City of North Richland Hills. Independent Contractor. D &T is an independent contractor and D &T is not, and will not be considered to be, an agent, partner, fiduciary, or representative of the City or the City Council. Survival. The agreements and undertakings of the City contained in the engagement letter will survive the completion or termination of this engagement. 3. Assignment and Subcontracting. Except as provided below, no party may assign any of its rights or obligations hereunder (including, without limitation, interests or claims relating to this engagement) without the prior written consent of the other parties. The City hereby consents to D &T subcontracting a portion of its services under this engagement to any affiliate or related City, whether located within or outside of the United States. Professional services performed hereunder by any of D &T's affiliates or related entities shall be invoiced as professional fees, and any related expenses shall be invoiced as expenses, unless otherwise agreed. In addition, the City also hereby consents to the use by D &T of minority subcontractors if required, as a subcontractor in connection with this engagement; professional services performed hereunder by the subcontractor and any related expenses shall be invoiced as expenses, unless otherwise agreed. 4. Severabilitv. If any term of the engagement letter is unenforceable, such term shall not affect the other terms, but such unenforceable terra shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein. S. Force Maieure. No party shall be deemed to be in breach of the engagement letter as a result of any delays or non- performance directly or indirectly resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire, epidemic or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority. 6. Dispute Resolution. Any controversy or claim between the parties arising out of or relating to the engagement letter or this engagement (a "Dispute ") shall be resolved by mediation or binding arbitration as set forth in the Dispute Resolution Provision attached hereto as Appendix G and made a part hereof. 17 U%ki A ►11] b:(r DISPUTE RESOLUTION PROVISION This Appendix G is part of the engagement letter dated May 23, 2012 between Deloitte & Touche LLP and City of North Richland Hills. This Dispute Resolution Provision sets forth the dispute resolution process and procedures applicable to the resolution of Disputes and shall apply to the fullest extent of the law, whether in contract, statute, tort (such as tregligence), or otherwise. Mediation: All Disputes shall be first submitted to nonbinding confidential mediation by written notice to the parties, and shall be treated as compromise and settlement negotiations under the standards set forth in the Federal Rules of Evidence and all applicable state counterparts, together with any applicable statutes protecting the confidentiality of mediations or settlement discussions. If the parties cannot agree on a mediator, the International Institute for Conflict Prevention and Resolution ( "CPR "), at the written request of a party, shall designate a mediator. Arbitration Procedures: If a Dispute has not been resolved within 94 days after the effective date of the written notice beginning the mediation process (or such longer period, if the parties so agree in writing), the mediation shall terminate and the Dispute shall be settled by binding arbitration to be held in New York, New York. The arbitration shall be solely between the parties and shall be conducted in accordance with the CPR Rules for Non - Administered Arbitration that are in effect at the time of the commencement of the arbitration, except to the extent modified by this Dispute Resolution Provision (the "Rules ").. The arbitration shall be conducted before a panel of three arbitrators. Each of the City and Deloitte & Touche LLP shall designate one arbitrator in accordance with the "screened"' appointment procedure provided in the Rules and the two party - designated arbitrators shall jointly select the third in accordance with the Rules. No arbitrator may serve on the panel unless he or she has agreed in writing to enforce the terms of the engagement letter (including its appendices) to which this Dispute Resolution Provision is attached and to abide by the terms of this Dispute Resolution Provision. Except with respect to the interpretation and enforcement of these arbitration procedures (which shall be governed by the Federal Arbitration Act), the arbitrators shall apply the laws of the State of New York (without giving effect to its choice of law principles) in connection with the Dispute. The arbitrators shall have no power to award punitive, exemplary or other damages not based on a party's actual damages (and the parties expressly waive their right to receive such damages). The arbitrators may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. Discovery shall be conducted in accordance with the Rules. All aspects of the arbitration shall be treated as confidential, as provided in the Rules.. Before making any disclosure permitted by the Rules, a party shall give written notice to 18 all other parties and afford such parties a reasonable opportunity to protect their interests. Further, judgment on the arbitrators' award may be entered in any court having jurisdiction. Costs: Each party shall bear its own costs in both the mediation and the arbitration; however, the parties shall share the fees and expenses of both the mediators and the arbitrators equally. 19 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. FA PU 2012 -017 Approval of Agreement with the Todd Company for an Amount Exceeding $50,000 Presenter: Chris Swartz Summarv: Council approval is sought for 'NRH20 Family Water Park's media expenditures for the 2012 Season. General Descriration: NRH20 Family Water Park, as a themed water park, advertises its services to the general public. To accomplish this, various media channels are used including radio and television. To ensure the park wisely invests its resources, a professional media buyer is used to recommend placement and monitor radio and television advertisements. The park currently uses the Todd Company for all of our media buying. There is a long standing relationship with this organization and they have served the park well. They are located in Arlington, Texas and their local knowledge and the relationships they have developed with the various media channels has proven to be an asset to the park. Advertising is exempt from the bidding process as contained within the Texas Local Government Code, Title 8, Subtitle A, Chapter 252,022 Purchasing and Contracting Authority of a Municipality. However, the City's internal policies require Council approval for any expenditure over $50,000. Staff is requesting authorization for an expenditure in excess of $50,000, with the caveat that it does not exceed NRH20's Council approved budget for advertising expenses. Recommendation: To approve an expenditure with the Todd Company in excess of $50,000 to be used for the purchase of media advertising for NRH2O Family Water Park. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. G.4 EXECUTIVE SESSION ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject: Agenda Item No. H.1 Announcements - Councilman Turnage Announcements June is Adopt a Cat Month. To celebrate, the NRH Animal Adoption & Rescue Center is offering reduced adoption fees for all pets this month. For more information, please visit the Animal Adoption & Rescue Center or call 817- 427 -6570. In honor of Father's Day, the first 100 Dads will get in free on June 17th at NRH20 Family Water Park. Fathers must be accompanied by a child. For more information, call 817- 427 -6500 or visit www.nrh2o.com. The City reminds residents that outdoor watering is prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. Irrigation systems should be set to operate in the early morning or late evening, when the sun and temperatures are less likely to cause evaporation. Kudos Korner Every Council Reefing, we spotlight our employees for the great things they do. Tonight we spotlight. Gary 6echthold and the Maintenance Staff in the Parks & Recreation Department - A citizen who leased the pavilion at Linda Spurlock Park for a company picnic said she was very impressed with the cleanliness and beauty of the park. The park amenities are the jewels in the city's crown and you "should be proud of Gary and his staff for doing such an excellent job at keeping those jewels sparkling," the resident said. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -11 -2012 Subject Agenda Item No. H.2 Adjournment