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HomeMy WebLinkAboutCC 2012-06-25 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 25, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 NRH Citizens Academy (10 Minutes) A.2 Joint NRH /Hurst Wayfinding Design (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property: 1) 6713 Corona 2) Rufe Snow Widening B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in complianc wit Chapter 551, Texas Government Code on June 22, 2012 at 1,2: 39 Im. (:: !As ist nt City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — June 25, 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 25, 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 Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Proclamation for National Recreation and Parks Month presented by Mayor Pro Tern Lombard 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 June 11, 2012 Mid -Year Budget Work Session Meeting City Council Agenda — June 25, 2012 Page 2 of 4 B.2 Approval of Minutes of June 11, 2012 City Council Meeting B.3 PW 2012 -005 Approve Ordinance No. 3192 Amending Attachment "A" of Section 78 -63 of the Code of Ordinances which Implements Mandated TCEQ Internal Reporting Processes B.4 PW 2012 -018 Approve the Abandonment of a Portion of Right -of -Way Located within Block B of the College Hills Addition - Ordinance No. 3206 B.5 GN 2012 -043 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2012 -021 C.0 PUBLIC HEARINGS C.1 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 12.294 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 (Continued from the May 14, 2012 Council Meeting) C.2 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 1.836 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 (Continued from the May 14, 2012 Council Meeting) C.3 RP 2012 -03 Public Hearing and Consideration of a Replat with development agreement 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. (Continued from the May 14, 2012 Council Meeting) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2012 -017 Approve an amendment to the engineering agreement for the Boulevard 26 Intersection Improvements project with Schrickel, Rollins and Associates, Inc. (SRA) in amount not to exceed $67,750 E.2 PW 2012 -019 Revise the 2011/2012 Capital Projects Budget, Approve a Change Order to L.H. Lacy Construction, LTD. in the amount of $182,166.50 and Approve Amendment No. 1 to the Interlocal Agreement for Construction with the City of Keller on the North Tarrant Parkway Street Improvements Project (ST0201) F.0 GENERAL ITEMS City Council Agenda — June 25, 2012 Page 3 of 4 F.1 GN 2012 -047 Authorize the Publication of Notice of Intent to Issue Certificates of Obligation - Resolution No. 2012 -018 F.2 GN 2012 -048 Approve Ordinance Amending Chapter 34, Article II of the North Richland Hills Code of Ordinances Changing Regulations Defining and Prohibiting Public Nuisances - Ordinance No. 3187 F.3 GN 2012 -049 Approve Ordinance Amending Chapter 34, Article IV, Sections 34 -131 and 34 -132 of the North Richland Hills Code of Ordinances Amending the Definition of Junked Vehicles and the Declaration of Vehicles to be a Public Nuisance - Ordinance No. 3205 F.4 GN 2012 -050 Approve Ordinance Amending Chapter 34, Article 111, Section 34 -71(a) of the North Richland Hills Code of Ordinances Changing Regulations Limiting Height of Grass, Weeds and Uncultivated Plants - Ordinance No. 3186 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adjournment All items on the agenda are for discussion and /or action. Certification 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 22, 2012 at < PPm. A ist t City ecretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — June 25, 2012 Page 4 of 4 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 25, 2012 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 NRH Citizens Academy (10 Minutes) A.2 Joint NRHIHurst Wayfinding Design (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property: 1) 6713 Corona 2) Rufe Snow Widening B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer, or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 22, 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 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551', Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, June 25, 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 Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Proclamation for National Recreation and Parks Month presented by Mayor Pro Tern Lombard 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 June 11, 2012 Mid -Year Budget Work Session Meeting B.2 Approval of Minutes of June 11, 2012 City Council Meeting B.3 PW 2012 -005 Approve Ordinance No. 3192 Amending Attachment "A" of Section 78 -63 of the Code of Ordinances which Implements Mandated TCEQ Internal Reporting Processes B.4 PW 2012 -018 Approve the Abandonment of a Portion of Right -of -Way Located within Block B of the College Hills Addition - Ordinance No. 3206 B.5 GN 2012 -043 Approve Agreement with Tarrant County Tax Assessor /Collector for the Collection of City Property Taxes - Resolution No. 2012 -021 $= as] :j4[4 laMra►:AII►Ce C.1 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 12.294 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 (Continued from the May 14, 2012 Council Meeting) C.2 ZC 2012 -05 Public Hearing and Consideration of a request from B.H.L. ,point Venture for a Zoning Change from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.836 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 (Continued from the 'May 14, 2012 Council Meeting) C.3 RP 2012 -03 Public Hearing and Consideration of a Replat with development agreement 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. (Continued from the May 14, 2012 Council Meeting) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2012 -017 Approve an amendment to the engineering agreement for the Boulevard 26 Intersection Improvements project with Schrickel, Rollins and Associates, Inc. (SRA) in amount not to exceed $67,750 E.2 PW 2012 -019 Revise the 201112012 Capital Projects Budget, Approve a Change Order to L.H. Lacy Construction, LTD. in the amount of $182,166.50 and Approve Amendment No. 1 to the Interlocal Agreement for Construction with the City of Keller on the North Tarrant Parkway Street Improvements Project (ST0201) F.0 GENERAL ITEMS F.1 GN 2012 -047 Authorize the Publication of Notice of Intent to Issue Certificates of Obligation - Resolution No. 2012 -018 F.2 GN 2012 -048 Approve Ordinance Amending Chapter 34, Article II of the North Richland Hills Code of Ordinances Changing Regulations Defining and Prohibiting Public Nuisances - Ordinance No. 3187 F.3 GN 2012 -049 Approve Ordinance Amending Chapter 34, Article IV, Sections 34 -131 and 34 -132 of the North Richland Hills Code of Ordinances Amending the Definition of Junked Vehicles and the Declaration of Vehicles to be a Public Nuisance - Ordinance No. 3205 F.4 GN 2012 -050 Approve Ordinance Amending Chapter 34, Article 111, Section 34 -71 (a) of the North Richland Hills Code of Ordinances Changing Regulations Limiting Height of Grass, Weeds and Uncultivated Plants - Ordinance No. 3186 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda : 9i= 101 go] .ii►l_TV 1[67►1.1A191:7:119i] i16 H.1 Announcements - Councilman Whitson H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on June 22, 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 25, 2012 6:00 P.M. A.0 Discuss Items from Reaular Citv Council Meeting A.1 NRH Citizens Academv (10 Minutes) A.2 Joint NRH /Hurst Wavfindina Desian (15 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchanae. lease or value of real property: 1) 6713 Corona 2) Rufe Snow Widening B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city 's attornev to seek advice about pendina or contemplated litiaation; or a settlement offer; or on a matter in which the duty of the attornev to the aovernina bodv under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code C.0 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. A.1 NRH Citizens Academy (10 Minutes) Presenter: Jared Miller, Assistant City Manager Summarv: Staff will present a proposed NRH Citizens Academy, which would familiarize citizens with the structure and activities of NRH government, encourage involvement, and enhance citizen ability to communicate effectively with City officials. General Description: At the request of Councilman Tim Barth and with his input and guidance, staff has prepared a draft curriculum for an annual NRH Citizens Academy. The objective of the NRH Citizens Academy would be to familiarize citizens with the structure, functions and activities of North Richland Hills government, encourage citizens to become involved in the City's government, and enhance their ability to communicate effectively with City officials. Planned benefits of the NRH Citizens Academy include: • Create a group of informed citizens who will be better able to become involved in community activities, will volunteer for Council- appointed boards, commissions, committees, and task forces or will otherwise become involved in the City's governance. • Provide an opportunity for citizens to learn about the City of North Richland Hills government through first -hand experience and gain exposure to the wide range of City services, functions, activities and issues. • Obtain feedback from citizens regarding governmental programs and services. Class size will be limited to 15 -20 students and will be open to City residents over the age of 18 years and the owners of businesses within the City limits. The NRH Citizens Academy will consist of two -hour sessions every week on Thursday nights for 6 -8 weeks, which will include a graduation ceremony. Each session will begin at 6:30 p.m. and end at 8 :30 p.m. Sessions will take place in various locations throughout the City, with City Hall serving as the primary location. Staff will present a draft curriculum for the NRH Citizens Academy and seek Council suggestions and input. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. A.2 Joint NRHIHurst Wayfinding Design (15 Minutes) Presenter: Kristin Weegar, Assistant to the City Manager Summarv: The cities of North Richland Hills and Hurst are teaming up to develop a wayfinding signage program (ED1101). Staff will be bringing design concepts for the signage to City Council for suggestions and input. General Descriration: The Wayfinding Signage project was approved by City Council in the 2010/2011 Capital Improvements Budget. Wayfinding is the methodology of providing indicators to guide people to major destinations. Not only do wayfinding signs improve mobility, but they also illustrate a sense of community and a marketing function by highlighting various amenities available to both citizens and visitors. The central sector of the City contains many local and regional destinations where wayfinding will serve as enhanced guide. A result from the last Council Goals Session was the desire to partner with neighboring cities on projects or programs that provide mutual benefit, with the wayfinding project identified as an initial opportunity. Given the direction, staff approached the City of Hurst about a wayfinding partnership as both cities share borders and intersections, whereby Hurst agreed that a partnership would be beneficial. A cooperative inter -local plan has been developed that includes the amount, location and number of destinations featured for each sign within the wayfinding network. After interviewing a firms specializing in signage and wayfinding, the cities hired Centerline Supply Company to design the wayfinding. Centerline not only impressed us with their knowledge and good reputation, but they also have an excellent relationship with TxDOT. Being that many of these signs will be placed in TxDOT right -of -way, staff from both cities felt that Centerline was the best fit to complete this project. Staff and representatives from Centerline will be presenting design options to Council, and welcome suggestions and input. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -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 -25 -2012 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property: 1) 6713 Corona 2) Rufe Snow Widening M KH COUNCIL MEMORANDUM From; The Office of the City (Manager Date: 6 -25 -2012 Subject: Agenda Item No. B.2 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -25 -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 25, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Turnaae A.2 Pledge - Councilman Turnaae A.3 Special Presentation(s) and Recoanition(s) - Proclamation for National Recreation and Parks Month presented by Mavor Pro Tern Lombard AA 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 Aaenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of June 11, 2012 Mid -fear Budaet Work Session Meetina B.2 Approval of Minutes of June 11, 2012 Citv Council Meetina B.3 PW 2012 -005 Approve Ordinance No. 3192 Amendina Attachment "A" of Section 78 -63 of the Code of Ordinances which Implements Mandated TCEQ Internal Reportina Processes B.4 PW 2012 -018 Approve the Abandonment of a Portion of Riaht- of -Wav Located within Block B of the Colleae Hills Addition - Ordinance No. 3206 B.5 GN 2012 -043 Approve Aareement with Tarrant Countv Tax Assessor /Collector for the Collection of Citv Property Taxes - Resolution No. 2012 -021 C.0 PUBLIC HEARINGS C.1 ZC 2012 -04 Public Hearina and Consideration of a request from B.H.L. Joint Venture for a Zonina Chanae from C -1 Commercial, 0-1 Office and R -2 Sinale Familv Residential to U Institutional on approximately 12.294 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 (Continued from the Mav 14, 2012 Council Meetina) C.2 ZC 2012 -05 Public Hearinq and Consideration of a request from B.H.L. Joint Venture for a Zonina Chanae from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.836 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 (Continued from the Mav 14, 2012 Council Meetina) C.3 RP 2012 -03 Public Hearina and Consideration of a Renlat with development aareement to create Thornbridae West Addition. beina a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survev, Abstract No. 1266, containinq 24.964 acres in the 8200 Block of Davis Blvd. (Continued from the Mav 14, 2012 Council Meetina) D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.0 PUBLIC WORKS E.1 PW 2012 -017 Approve an amendment to the enaineerina aareement for the Boulevard 26 Intersection Improvements proiect with Schrickel, Rollins and Associates, Inc. (SRA) in amount not to exceed $67,750 E.2 PW 2012 -019 Revise the 201112012 Capital Proiects Budaet, Approve a Chanae Order to L.H. Lacv Construction. LTD. in the amount of $182,166.50 and Approve Amendment No. 1 to the Interlocal Agreement for Construction with the Citv of Keller on the North Tarrant Parkwav Street Improvements Proiect (ST0201) Z1 =e1f 1:11:7,:1019:111►A6 F.1 GN 2012 -047 Authorize the Publication of Notice of Intent to Issue Certificates of Obliaation - Resolution No. 2012 -018 F.2 GN 2012 -048 Approve Ordinance Amendina Chapter 34, Article II of the North Richland Hills Code of Ordinances Chanainq Requlations Defininq and Prohibiting Public Nuisances - Ordinance No. 3187 F.3 GN 2012 -049 Approve Ordinance Amendina Chapter 34, Article IV, Sections 34- 131 and 34 -132 of the North Richland Hills Code of Ordinances Amending the Definition of Junked Vehicles and the Declaration of Vehicles to be a Public Nuisance - Ordinance No. 3206 F.4 GN 2012 -050 Approve Ordinance Amendina Chapter 34, Article III, Section 34- 71 (a) of the North Richland Hills Code of Ordinances Chanaina Requlations Limitina Heiaht of Grass, Weeds and Uncultivated Plants - Ordinance No. 3186 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Whitson H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. A.0 Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -25 -2012 Subject: Agenda Item No. A.1 Invocation - Councilman Turnage M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. A.2 Pledge - Councilman Turnage M RH COUNCIL MEMORANDUM From The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. A.3 Special Presentation(s) National Recreation and Lombard and Recognition(s) - Proclamation for Parks Month presented by Mayor Pro Tern General Description: The month of July is designated as National Recreation and Parks Month by the National Recreation and Park Association. Across the country, parks and recreation agencies touch millions of people. From the largest cities to the most rural communities, public park and recreation agencies are united in their mission to improve the health and well -being of citizens through parks, recreation, open spaces, trails and quality of life experiences. In support of this national campaign, the North Richland Hills Parks and Recreation Department develops a public awareness campaign each year outlining the benefits of parks and recreation to our citizens and the community. As in years past, a proclamation for "July as National Recreation and Parks Month" will presented. Also included will be a short video with this year's theme, "Do The New ". M RH 1@] 11V (97a6 10]a9:INIf] :IW,1 ilIl:III%+ PROCIAMATION WHEREAS, July is recognized as National Recreation and Parks Month by the National Recreation and Park Association; and WHEREAS, parks, recreation and leisure experiences provide opportunities for people to live, grow, and develop into contributing members of society; and WHEREAS, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS, parks and recreation provides outlets for physical activities, socialization, and stress- reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make communities desirable places to live, work and play, contributing to economic vitality; and WHEREAS, parks and recreation touches the lives of individuals, families, groups, and the entire community which positively impacts the social, economic, health and environmental quality of our community, NOW THEREFORE, I Oscar Trevino, Mayor of the City of North Richland Hills and the City Council do hereby proclaim, the month of July as: r"r RECRE ttITV. V A Y L► P.AAXS MO TN in the City of North Richland Hills and urge all citizens to celebrate by participating in one of the many leisure pursuits available in our city, by our outstanding Parks and Recreation Department. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of North Richland Hills to be affixed this the 25 day of June, 2012. Oscar Trevino, Mayor M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -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 -25 -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 -25 -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 -25 -2012 Subject Agenda Item No. B.1 Approval of Minutes of June 11, 2012 Mid -Year Budget Work Session Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the June 11, 2012 Mid -Year Budget Work Session Meeting of the City Council. MINUTES OF THE MID -YEAR BUDGET WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE NORTH RICHLAND HILLS CITY COUNCIL WORKROOM, 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS, JUNE 11, 2012 — 4:30 P.M. 1. CALL TO ORDER Mayor Trevino called the work session to order at 4:30 p.m. Present: Oscar Trevino Torn Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch E•ilLIVA Caiit:T:. Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Vickie 'Loftice Mike Curtis Patricia Hutson Kristin Weegar Mary Peters Larry Koonce Mark Mills Patrick Hillis Craig Hulse Jo Ann Stout Jennipher Castellanos Stacy Udoni Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant to City Manager Public Information Officer Director of Finance Budget Director Human Resources Director Economic Development Director Neighborhood Services Director Budget Analyst Public Works Management Assistant 2. DISCUSS ANNUAL BUDGET AND PLAN OF MUNICIPAL SERVICES FOR FY 2011-2012 AND DISCUSS 'PLANNING AND PROGRAM OF SERVICES FOR FISCAL YEAR 2012 -2013 Mr. Mark Hindman, City Manager, made introductory comments. The purpose of the work session is to present some issues to Council and receive input on council priorities prior to the July formal budget process when Council will be asked to make decisions. Mr. Hindman discussed some of the accomplishments during the past year and changes to the local economy since adoption of the 201112012 budget. Council was advised that there has been a slight increase in sales taxes and property values are closer to their pre - recession levels. The Building Department is seeing an increase in both residential and commercial building activity and the Economic Development Department is beginning to see an elevated interest in commercial projects. The Loop 820 construction project continues to be a challenge to the current economic picture and as a result, it is anticipated that sales tax will not rebound at the level it might have without the construction. However, once the project is complete it will be a tremendous asset for the City. Mr. Hindman reviewed the guiding principles that were used to develop the 201112012 budget. One of the principles was to focus on city goals as expenditures and programs were developed. Council was advised a biannual goal setting review is due and staff plans to proceed with setting one for this winter. Council will contact the City Manager's office with any input they would like to provide regarding the upcoming review. A second principle was to reduce the City's reliance and use of reserve funds that were dipped into when the recession hit. Council was advised that the City was able to contribute some to the reserves this past end of year. A third principle, to hold the line on expenditures, was accomplished with staying within the adoption of a budget that was essentially the same as 2010 - 2011. Lastly, the City has been able to maintain its physical and human infrastructure with Council's continuing commitment to street maintenance, maintenance of city facilities, the replacement of equipment and technology equipment. A major step was taken in the area of human infrastructure with the two percent salary increase that went into effect in January. Mr. Hindman updated the Council on the progress towards the achievement of the five programs and projects he presented to Council during last year's budget work session and wanted to see accomplished during the budget year. • City facility needs — This project is being addressed with the approval of the bond election. The next steps will be to recommend a contract with an architect followed by selection of a project manager and a firm to serve as the construction manager. • Use of Food Lion property — This was put on hold when discussion on the relocation of the municipal complex inside of Loop 820 was being considered by the bond committee. It will need to be re- evaluated with the relocation of the municipal complex to inside of (Loop 820. • Plans to implement at least one of the suggestions from the Regional Assessment and Opportunity Analysis for Inside Loop 820 — Staff has considered and pursued several options but is not ready to make any recommendations to the Council. • Progress on Boulevard 26 — Significant progress with TxDOT has been made and a contract revision to initiate Boulevard 26 improvements will be presented for Council's consideration at the June 25 meeting. • Continue progress on improving property conditions — During the regular work session, Council will be briefed on some proposed changes to the nuisance ordinance that will close some loopholes and allow the city to address some of the property condition complaints the City is receiving from its citizens. New technology is also being implemented that will allow Staff to more efficiently monitor and resolve code violations. Council was advised that at the July 27 Budget Work Session Staff will be proposing several questions for Council. Staff will be discussing with Council the need for a tax increase. It is anticipated that there will be a need to increase the debt service tax rate by at least three cents to fund the first phase of the municipal complex debt service. Council was advised that if they did not support a tax increase, Staff will need to start making other adjustments to balance the budget with the project. Council discussed the voters had been informed prior to the May election that a 3 to 4 cent property tax increase would be necessary to help finance the municipal complex project. Council consensus was for Staff to proceed with plans for a three cent tax increase in the 201212013 budget and as more information becomes available with the sale of assets and if growth does not occur as anticipated, additional adjustments to the tax rate may need to be made in the future. Mr. Craig Hulse, Director of Economic Development, presented an overview of the regional and local economic outlook. Council was advised North Richland Hills unemployment is at 5.9 percent, which is close to pre - recession levels. Permits are up ten percent and the dollar value of permits is up 70 percent. Taxable sales are slightly up at 2.5% over prior year but as the Loop 820 construction progresses, they are expected to be a lower percentage by year end. The Loop 820 construction is beginning to pose a serious challenge to existing businesses but it is also attracting future businesses. Mr. Hulse discussed the City's taxable property value mix and compared the City's taxable sales with other Northeast Tarrant County cities. Councilman Welch commented that he was hearing talk that in some of the older residential neighborhoods Tarrant Appraisal District (TAD) flip flopped the values for land and improvements and questioned why TAD might be making this adjustment. Staff advised they would check into the change and purpose. Mr. Mark Mills, Budget Director, presented a summary of the 2011/2012 revised revenues and expenditures comparing the 2012 revised preliminary revenue and expenditure projections to the adopted budget. Council was advised the operating budget is seeing an increase primarily due to prior year encumbrances. Revenue and expenditure increases are primarily related to the public safety consolidation. An increase in construction related permits has also contributed to the increase in revenues. Mr. Larry Koonce, Finance Director, discussed the preliminary tax roll released by Tarrant Appraisal District in May, the assumptions being used to prepare the 2012/2013 proposed budget and property tax revenue and its distribution. Mr. Mark Mills, Budget Director, presented an overview of the 2012/2013 preliminary budget. Mr. 'Mills compared the preliminary revenues and expenditures to the adopted budget. Council was advised the significant changes were due to the public safety consolidation. Projections include an increase in taxes, a decline in fines and forfeitures and licenses and permits are projected to be flat. Overview of Preliminary Revenues and Expenditures to Adopted Budget General Fund FY 2012 FY 2013 Difference Adopted Preliminary Revenues $37,752,609 $40,217,440 $2,464,831 Fund Balance FY 2011 -12 Revised vs. Adopted 20,000 General Fund FY 2012 FY 2012 Difference $2,464,831 Adopted Revised $40,452,288 Revenues $37,752,609 $39,287,211 $1,534,602 PY Encumbrances 0 469,281 469,281 Fund Balance 20,000 34,185 $14,185 Total Resources $37,772,609 $39,790,677 $2,018,068 Expenditures $37,664,977 $39,052,435 $1,387,458 PY Encumbrances 0 469,281 469,281 Reserve & Other 50,000 110,650 60,650 Total Commitment $37,714,977 $39,632,366 $1,917,389 Balance $57,632 $158,311 $100,679 Mr. Larry Koonce, Finance Director, discussed the preliminary tax roll released by Tarrant Appraisal District in May, the assumptions being used to prepare the 2012/2013 proposed budget and property tax revenue and its distribution. Mr. Mark Mills, Budget Director, presented an overview of the 2012/2013 preliminary budget. Mr. 'Mills compared the preliminary revenues and expenditures to the adopted budget. Council was advised the significant changes were due to the public safety consolidation. Projections include an increase in taxes, a decline in fines and forfeitures and licenses and permits are projected to be flat. Overview of Preliminary Revenues and Expenditures to Adopted Budget General Fund FY 2012 FY 2013 Difference Adopted Preliminary Revenues $37,752,609 $40,217,440 $2,464,831 Fund Balance 20,000 20,000 0 Total Resources $37,772,609 $40,237,440 $2,464,831 Expenditures $37,664,977 $40,452,288 $2,787,311 Reserve & Other 50,000 300,000 250,000 Total Commitment $37,714,977 $40,752,288 $3,037,311 Balance $57,632 ($514,848) ($572,480) The preliminary budget is not balanced but will be brought into balance by Management as further review of services is completed. Staff presented Council with information on the following issues: 1) Multi -Year Financing Plan for Voter Approved Bond Projects — Mr. Larry Koonce, Finance Director. presented a financing plan for the voter approved general obligation bonds. Mr. Koonce reviewed the plans to issue the G.C. Debt and compared the pre - election preliminary financing scenarios the plans were based on to current conditions. • Remaining 1994 and 2003 bonds will be issue over next 5 to 7 years — no change • Municipal facilities complex will not exceed $70 million. Management and staff will work to reduce costs during the design, bid and construction. Needed debt financing will be issued over a 3 to 4 year period in order to have the funds as needed — no changes • The financing of the municipal complex would include the issuance of G.O.s for the voter approved $48 million and the $11 million from cash reserves from various sources to finance or pay -go — no change • Taxable property value growth was assumed to be a conservative 1% over several years — Preliminary taxable property values for fiscal year 2013 grew 3% instead of the 1% projected. Staff believes the projections can be revised to the 2% to 2.5% growth range. As a result more property tax revenues are predicted to be available to pay for debt than originally projected. • Voters were informed prior to the election that a 3 to 4 cent property tax rate increase would be necessary to finance the project — no change; Management and Staff are working to propose a tax rate increase of 3 cents for FY 2013. • Interest Rates on bonds issued were estimated to be in the range of 3.25% to 3.50 %. - The City's Financial Advisors are indicating that interest rates on bonds are currently at the 3.25% level. There is no guarantee that the rates will not be higher at the time the bonds are sold in August or future years. The City may want to issue as much as it can afford in the August sale. The structuring of the debt was left open for the purpose of budgeting for positive cash flows. Historically the City has used a level principal payment structure. Another option is the level debt structure. The two debt structures were explained to Council and an illustration was given of the costs for each. Council was advised that management and staff are reviewing the option of considering the level payment method for at least the first issue of the Municipal Complex G.O.s in August. The structure would be reassessed each year to determine the most beneficial structure. 2) Debt Issuance Policy — Mr. Hindman advised the City has traditionally issued bonds under a competitive sale unless there was some factor that made it advantageous to do a negotiated sale. Staff is looking at formalizing a policy on the issuance of debt. Council was presented a draft policy to review. 3) Regional Consolidation and Communication Services — Jimmy Perdue, Director of Public Safety presented a status report on the consolidation of the detention and emergency communication services for North Richland Hills, Watauga, Haltom City and Richland Hills. The consolidation has been fully implemented. Based on early projections, it was anticipated that the consolidation would save each city at least $200,000 annually. North Richland Hills anticipates approximately $260,000 in savings. During start -up, it was necessary to utilize a portion of these savings for one -time startup expenses. Despite these expenses, a savings of approximately $180,000 is projected for the current fiscal year. Projected savings for fiscal year 2012/2013 is $172,000 when compared to the original stand -alone program. The primary factor contributing to the decrease is a one time expense to be paid to all shared services employees required by the regional supplement agreement. If the payment were not required, the expected savings would remain above the original projection. 4) Human Resource Considerations — Mr. Patrick Hills, Human Resources Director, discussed with Council employee compensation and health insurance. • Employee Compensation t� Merit Pay Program - Funds were not available for the City's Merit Pay Program in FY 2010/2011; however, funds were allocated for the City's Attendance and Stability Benefit Program. Funds were allocated in 'FY 2011/2012 for a 2% merit increase and the City's Attendance and Stability Benefit Programs. For FY 2012/2013 funding for the Merit Pay Program will be a priority but it may be necessary to consider alternatives to the established 4% annual merit increase. A recommendation regarding the continuation of the City's Merit Pay Program will be included in the FY 2012/2013 budget. Pay Range Adjustments — Last year's compensation survey showed that the economy slowed the salary growth of the market comparison cities. It is anticipated that the market comparison cities will be adjusting employee ranges in FY 2012/2013. A recommendation regarding the pay range adjustment for next fiscal year will be included in the FY 2012/2013 budget. • Health Insurance The City's health plan is performing well and year to date expenditures are under budget. There has been a reduction in the overall cost of large claim losses and it is anticipated the fiscal year will finish under budget. With the positive claims experience, it is anticipated for FY 2012/2013 that there will not be any design changes to the plan and an overall cost increase of approximately 5% is forecast for the budget and monthly premiums. 5) Animal Adoption and Rescue Center — Chief Perdue presented a plan for the construction of the new Animal Adoption and Rescue Center. Council was advised the current shelter opened in 1987 and in 20012 the City realized that it needed to upgrade the facility. The plan was to combine City funds with private donations to expand and modernize the facility. The original shelter plan in 2002 called for a budget of $3 million for the renovation of the existing 6,747 square foot facility plus constructing 11,342 square feet of new space for a combined facility of 18,089 square feet. Voters approved as part of the 2003 bond election $1.3 million. These bonds were to be combined with funds from the donations account (approximately $535,000) and approximately $1.1 million obtained through a fund raising campaign. During the past 10 years, several different approaches were studied for the new shelter. In 2009 and 2010 staff made presentations to the Council concerning the status of the facility and sought direction to move forward. Staff was advised to continue moving forward and to recommend the best way to construct and fund a new facility. Staff 'believes a new 10,800 sf facility meets the needs and can be constructed for a maximum budget of $3.4 million. Combined with the donations account an additional $1.25 million will be required to fund a $3.4 million project. While some opportunities still exist for funding through alternative sources, the Council will need to be prepared to fund the difference with City funds until other sources are identified. Staff made the following recommendations on how to proceed: • Construct an all new facility • Build adjacent to existing facility • Set budget at $3.4 million • Utilize existing donation fund account to hire architect • Delay upcoming bond sale for animal shelter scheduled for next month • Identify outside funding sources Council was also advised that if Council desired to move forward with the project, additional personnel will be needed to staff a larger facility. It is anticipated the facility would open in the FY 2014 -15 budget year. A preliminary request has been made for the following new personnel: 1 full -time Kennel Technician 1 full -time Humane Services Technician (clerk) 1 part -time Kennel Technician Council was asked if they agreed with the plan recommended by Staff and approve moving forward. After a brief discussion by Council, the Council concurred with the recommendations and moving forward with the facility. Mr. Mills reviewed with Council the budget calendar. 3. ADJOURNMENT Mayor Trevino adjourned the work session at 5:54 p.m. APPROVED: Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject Agenda Item No. B.2 Approval of Minutes of June 11, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the June 11, 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 — JUNE 11, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 11 day of June 2012 at 0:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 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 Laury Fiorello Amy Stephens Eva Ramirez Mike Hamlin Andy Kancel Chris Swartz Greg VanNieuwenhuize Stacy Udoni JoAnn Stout Debbie York 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 Assistant Finance Director Finance Accountant II Purchasing Buyer Assistant Police Chief Assistant Police Chief NRH20 Park Manager Assistant Public Works Director Public Works Management Assistant Neighborhood Services Director Assistant Neighborhood Services Director Call to Order Mayor Trevino called the work session to order at 8:04 p.m. A.0 Discuss Items from Reaular Citv Council Meetina There were no questions from the Council. A.1 Proposed Chanqes to the Nuisance Ordinance ,loAnn Stout, 'Neighborhood Services Director, presented a PowerPoint presentation with the proposed changes to the Nuisance Ordinance. Highlights include: 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 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. (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 has added some new sections, 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/co rrugated metal, plywood, unfinished concrete masonry unit block, or materials not manufactured or designed for the primary purpose of fence construction. 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. 7. Allowing ,poison ivy, poison oak or any poisonous plant to grow onto adjacent property or onto public property. 8. Dirt 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. 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 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. After a brief discussion and questions by the Council, the consensus was to move forward with the changes. 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- 002840 -1): and 2) State of Texas v. Citv of North Richland Hills (No. 2011 - 000462 -1) Mayor Trevino announced at 6:36 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government. Code, pursuant to the following section: 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). 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 June 11, 2012 at 7:00 p.m. I ZT91 I W+1',1 I I Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant. City Secretary Attorney A.1 INVOCATION Councilman Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Rodriguez led the pledge of allegiance with help from Nicolas Hayes, Boy Scout Troop 347. A.3 SPECIAL PRESENTATION AND RECOGNITIONS No items for this category. AA CITIZENS PRESENTATION ►Cm A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA ON=0 13.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED 6.1 APPROVAL OF MINUTES OF MAY 14, 2412 CITY COUNCIL MEETING 13.2 APPROVAL OF MINUTES OF MAY 21, 2412 CITY COUNCIL MEETING 6.3 GN 2012 -042 CONSIDERATION OF REVISIONS TO LANDSCAPE REGULATIONS — ORDINANCE NO. 3204 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & 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 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 advised that Councilwoman Wright Oujesky's spouse is employed by Chesapeake Energy and would abstain from discussion and voting. An affidavit of disqualification has been completed by Councilwoman Wright Oujesky and filed with the City Secretary stating the mature of the interest was her spouse employed by Chesapeake Energy. John Pitstick, Planning and Development Director, presented the item. The item before Council was approved on the May 14, 2012 Council Meeting but the stipulations recommended by the Planning and Zoning Commission were left off the Ordinance. Staff is requesting Council clarification on the action to approve SUP with the staff recommended stipulations or without the staff recommended stipulations. Staff recommended SUP 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. MAYOR PRO TEM LOMBARD MOVED To APPROVE SUP 2012 -01 REQUEST WITH THE STIPULATIONS THAT THE MAXIMUM NUMBER OF GAS WELLS IS 10, THE SUP IS RESTRICTED TO 5 YEARS FROM THE DATE OF APPROVAL, AND A MINIMUM OF 150 FOOT SETBACK BE ESTABLISHED FOR 7 OUT OF THE 10 PROPOSED GAS WELLS To ADJACENT PROPERTY LINES AND PUBLIC STREETS. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION To APPROVE CARRIED 6 -1 WITH COUNCILWOMAN WRIGHT OUJESKY ABSTAINING. E.0 PUBLIC WORKS EA PW 2012 -013 APPROVE THE FIRST AMENDMENT TO THE CITY / DEVELOPER AGREEMENT FOR THE DJ ANDERSON ADDITION, BLOCK 1, LOTS 14 APPROVED Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. The Council is being asked to consider approving an amendment to an existing City /Developer Agreement (CDA) in an effort to facilitate development. The platting of the DJ Anderson Addition (Block 1, Lots 14) was initiated in 2007 because a preschool facility wanted to locate on what is now Lot 4. The Traffic Impact Analysis (TIA) of a preschool on Lot 4 indicated that the traffic volumes generated by such a preschool facility did not warrant the construction of any of the deceleration lanes. The 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). The CDA also provided that the northern driveway 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. Since the approval of the original CDA and the platting of the DJ Anderson Addition in 2007, the preschool has been constructed and 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, a consultant was hired by the entity 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. 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 allowing 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 would allow for a delay of the requirement to construct the deceleration lane for Lot 3, while requiring the deceleration lane for Lot 2. 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, TxDOT would have required the construction of the deceleration lanes for both driveway 2 and driveway 3 when these driveways were originally installed. COUNCILMAN WELCH MOVED TO APPROVE PW 2012 -013; THE FIRST AMENDMENT TO THE CITY/DEVELOPER AGREEMENT FOR THE DJ ANDERSON ADDITION, BLOCK 1, LOTS 1 -4. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.2 PW 2012 -014 APPROVE THE 2012 PREVENTIVE STREET MAINTENANCE PROGRAM APPROVED Councilman Welch, Chair of the C'IP Committee, spoke briefly of the presentation given to the committee to determine the 2012 Preventive Street Maintenance Program. Councilman Welch introduced Mike Curtis, Managing Director of Development Services, to give more details on the process. Mr. Curtis presented area maps that outlined the city's detailed street maintenance program and spoke about the streets that are in poor condition, but also places an emphasis on maintenance methods that extend the pavement life of the streets. 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. 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. 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. COUNCILMAN WELCH MOVED TO APPROVE THE 2012 PREVENTIVE STREET MAINTENANCE PROGRAM. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 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) APPROVED Greg VanNieuwenhuize, Assistant Public Works Director, presented the item. Council is being asked to award a construction contract to Stabile & Winn, Inc. in the amount of $347,841.00 for the CIP Project identified as "Tabor Street Paving Improvements Project (Rufe Snow Drive to Steven Street) ". The project, originally identified in the 2003 Bond Program and the FY 2011/2012 Capital Improvements Budget, consists of reconstructing approximately 1,300 feet of asphalt pavement with concrete pavement to comply with the current city standards including the introduction of sidewalks. By accepting the lowest bid being approximately $16,000 more than the amount available in the Project's construction account ($332,000). Staff has conducted a budget transfer of $16,000 from the recently constructed Douglas Lane Street and Utility Improvements project with sufficient construction funding. COUNCILMAN RODRIGUEZ MOVED TO APPROVE PW 2012 -015. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 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) APPROVED Greg VanNieuwenhuize. Assistant Public Works Director, presented the item. The item is to consider the award of a construction contract for the Trinidad Drive (Rufe Snow Drive to Holiday Lane) Street Improvements Project consisting 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. The City requested bids (RFB's) in accordance with city policy and qualifications were received from four firms. The project's design engineer reviewed and evaluated the proposals and is recommending awarding the contract to the lowest bidder McClendon Construction Company in an amount $1,192,544.05. The lowest bid is over the amount budgeted for the project and staff has conducted a budget transfer of $265,000 from a recently constructed Douglas Lane Street and Utility Improvements project with sufficient construction funding. MAYOR PRO TEM LOMBARD MOVED TO APPROVE PW 2012 -016. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.0 GENERAL ITEMS F.1 GN 2012 -044 APPROVE RESOLUTION TO AUTHORIZE INVESTMENT OFFICERS - RESOLUTION NO. 2012 -022 APPROVED Laury Fiorello, Assistant Finance Director, summarized the item. As a result of staff changes, a resolution is required amending the authorized representatives list of current investment officer authorizations. Staff recommends approval of Resolution No. 2012 - 022 which designates these individuals as City representatives. • Director of Finance Larry Koonce • Assistant Director of Finance Laury Fiorello • Accountant II Amy Stephens COUNCILMAN RODRIGUEZ MOVED TO APPROVE RESOLUTION NO 2012 -022, GN 2012 -044. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. F.2 GN 2012 -045 APPROVE THE AMENDMENT TO THE IRON HORSE GOLF COURSE MANAGEMENT AGREEMENT WITH EAGLE GOLF APPROVED Vickie Loftice, Managing Director of Community Services, summarized the item. 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. Staff has reviewed the changes with Eagle Golf and the City Attorney has reviewed and approved the amendment. Staff recommends approval of the amendment to the Iron Horse Golf Course Management Agreement with Eagle Golf. COUNCILMAN TURNAGE MOVED TO APPROVE GN 2012 -045. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 1 -4. F.3 GN 2412 -446 RENEW ANNUAL CONTRACT FOR 2412 AUDIT SERVICES WITH DELOITTE AND TOUCHE, LLP APPROVED Laury Fiorello, Assistant Finance Director, presented the item. 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. 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. COUNCILMAN WHITSON MOVED TO APPROVE GN 2012 -046. MAYOR PRO TEM LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 1 -4. F.4 PU 2412 -411 APPROVAL OF AGREEMENT WITH THE TODD COMPANY FOR AN AMOUNT EXCEEDING $50,000 APPROVED Chris Swartz, NRH20 Park Manager, summarized the item. NRH2O 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. The park currently uses the Todd Company for all of the parks media buying. There is a long standing relationship with this organization and they have served the park well. Staff recommends authorization for an expenditure in excess of $50,000, with the caveat that it does not exceed NRH Council approved budget for advertising expenses with the Todd Company. MAYOR PRO TEM LOMBARD MOVED TO APPROVE THE PU 2012 -017. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. GA EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORT{ SESSION AGENDA EXECUTIVE SESSION ITEM B.1 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 RICH LAN D HILLS (NO. 2011 - 000462 -1) APPROVED Jimmy Perdue, Public Safety Director, summarized the item. After months of litigation a settlement agreement has been presented in Cause No. 2011 - 002840 -1 and Cause No. 2411- 000462 -1. Staff recommends approval for the City Manager to execute all documents necessary to finalize settlement agreement with the State of Texas. COUNCILMAN WELCH MOVED T'O AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO FINALIZE SETTLEMENT AGREEMENT WITH THE STATE OF TEXAS REFERENCE CAUSE NO. 2011- 002840 -1 AND CAUSE NO. 20111- 000462 -1. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS HA Councilman Turnage made the following 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 - Gary Bechthold 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. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:52 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. B.3 PW 2012 -005 Approve Ordinance No. 3192 Amending Attachment "A" of Section 78 -63 of the Code of Ordinances which Implements Mandated TCEQ Internal Reporting Processes Presenter: Jimmy Cates, Public Works Operations Manager Summarv: The Texas Commission on Environmental Quality (TCEQ) is mandating revisions to the city's Drought Contingency and Emergency Water Management Plan so Council is being asked to adopt Ordinance No. 3192 to amend Attachment "A" of Section 78 -63 of the City of North Richland Hills Code of Ordinances. Attachment A is the city's Drought Contingency and Emergency Water Management Plan. The revisions being required by the TCEQ do not irnDact the general public (ie, watering schedules, watering restrictions, etc.). They are primarily revising the internal notification processes for wholesale water customers. General Descrivtion: Recently the city was notified by the Texas Commission on Environmental Quality (TCEQ) that the city's 2009 Drought Contingency and Emergency Water Management Plan (the "Plan ") needed to be amended to meet recently revised state regulations. In addition to the revised regulations additional revisions are being requested because North Richland Hills is now being treated as a wholesale water provider to the City of Watauga. The reason for the new wholesale provider classification is due to the TCEQ's interpretation of the agreement that both cities approved during the sale of the Watauga portion of the water and sewer system to the City of Watauga. The two cities agreed that North Richland Hills would continue to purchase water for both cities and then turn around and bill Watauga for their portion of water usage. As a result the TCEQ is now requiring North Richland Hills to be classified as a wholesale water provider to the City of Watauga. Shown below are the three required revisions from TCEQ along with the city's amendments to the Plan to meet regulations: TCEQ Revision #1: 1. The Drought contingency plan must document coordination with the regional water planning groups for the service area of the wholesale public water supplier to ensure consistency with the appropriate approved regional water plan. City's Plan Amendment: The water service area of the City of North Richland Hills is located within the Tarrant Regional Water District (TRWD) and the City of North Richland Hills has provided a copy of the Plan to TRD. TCEQ Revision #2: The drought contingency plan must include the specific water supply or water demand management measures to be implemented during each stage of the plan including, but not limited to the following: a. Pro rata curtailment of water deliveries to or diversion by wholesale water customer as provided in Texas Water Code §11.039; and b. Utilization of alternative water resources with the prior approval of the executive director as appropriate (e.g., interconnection with another water system, temporary use of a non - municipal water supply, use of reclaimed water for non - potable purpose, etc.). City's Plan Amendment: Stage 1 City and Local Governments: • The City Manager, or his/her designee(s), will contact wholesale water customers to discuss water supply and /or demand conditions and will require that wholesale water customers to initiate mandatory measures to reduce water use (e.g., implement Stage 1 of the customers drought contingency plan). • The City Manager, or his/her designee(s) will supply a weekly report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stare 2 City and Local Governments: • The City Manager, or his /her designee(s), will initiate weekly contact with wholesale water customers to discuss water supply and /or demand conditions and the possibility of pro rata curtailment of water diversions and /or deliveries. • The City Manager, or his /her designee(s), will request wholesale water customers to initiate mandatory measures to reduce non - essential water use (e.g., implement Stage 2 of the customer's drought contingency plan). • The City Manager, and his /her designee(s) will initiate preparations of pro rata curtailment of water diversion and /or deliveries by preparing a monthly water usage allocation baseline for each wholesale customer according to the procedures specified in Section 4.5 of the Plan. • The City Manager, and his /her designee(s), will provide a weekly report to the news media with information regarding current water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stacie 3 City and Local Governments: • The City Manager, or his/her designees), will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non - essential water use (e.g., implement Stage 3 of the customer's drought contingency plan). • The City Manager, and his /her designee(s), will initiate pro rata curtailment of water diversions and /or deliveries for each wholesale customer according to the procedure specified in Section 4.5 of the Plan. • The City Manager, and his /her designees), will provide a weekly report to the news media with information regarding water supply and /or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information or water conservation measures and practices. In the event the city would have to consider alternative water resources the city would utilize five (5) groundwater producing wells located within the city. These wells have the ability to produce 1.28 MGD. Production from the groundwater well sites would not meet the typical daily demand for the city; therefore alternative water resources would need to be obtained. These alternative water sources could include the following: • Purchasing potable water from one of the neighboring cities. Currently the city has water connections with the cities of Calleyville and Watauga for emergency use. • Purchasing potable water from vendor sources that deliver water from their distribution centers or facilities. TCEQ Revision #3: The drought contingency plan must include a provision in every wholesale water contract entered into or renewed after adoption of the plan, including extension, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code, §11.039. City's Plan Amendment: In the event that the triggering criteria specified in Section 4.4 of the Plan for Stage 3 "Emergency Water Use" have been met, the City Manager is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with Texas Water Cade Section. §11.039. This provision will be included in every wholesale water contract entered into or renewed after adoption of the Plan, including contract extensions. At this time, these are the only amendments or revisions being required for the Plan by TCEQ. Discussions with our local wholesale water suppliers (Fort Worth and TRA) and TRWD continue for the possibility of updating the Plan in the future to include additional water restrictions and other drought related actions. Recommendation: Staff recommends the approval of Ordinance No. 3192. N RH ORDINANCE NO. 3192 AN ORDINANCE AMENDING SECTION 78 -63 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; REVISING THE DROUGHT CONTINGENCY AND EMERGENCY WATER MANAGEMENT PLAN; ESTABLISHING THE AUTHORITY FOR THE CITY MANAGER TO EXECUTE THE ELEMENTS OF THE PLAN; AUTHORIZING THE FILING OF THE PLAN WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; ESTABLISHING PENALTIES, PROVIDING FOR PUBLICATION, FOR SEVERABILITYAND PROVIDING AN EFFECTIVE DATE. WHEREAS, the regulations of the Texas Commission on Environmental Quality (the "Commission ") require that the City revise its currently adopted Drought Contingency and Emergency Water Management Plan; and, WHEREAS, pursuant to Chapter 54 of the Texas Local Government Code, the City is authorized to adopt such ordinances necessary to preserve and conserve its water resources; and, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: That Sec. 78 -63 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: Sec. 78 -63.. Drought Contingency and emergency water management plan. (a) Plan adopted. The city council hereby approves and adopts the drought contingency and emergency management plan (the "plan ") attached hereto as Attachment A, as if recited verbatim herein. The city commits to implement the requirements and procedures set forth in the adopted plan. (b) Procedure, rules and regulations. The city manager or his/her designee shall have the authority to enact and promulgate rules and regulations of the plan as necessary to protect the health and safety of the general public. (c) Penalty for violations. Any customer, as defined by Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code, failing to comply with the provisions of the Plan shall be deemed guilty of a misdemeanor involving health and safety and shall be subject to a fine not exceeding Two Thousand Dollars ($2,000.00) and /or discontinuance of water service by the City. Each day a customer fails to comply with the Plan is a separate violation. The City may also seek injunctive or other civil relief for actual or threatened violations. (d) Variances. The city manager or his /her designee shall have the authority to grant temporary variances for water uses otherwise prohibited under the plan if it is determined that the failure to grant such variance would cause an emergency condition adversely affecting the health, sanitation or fire protection for the public or the person requesting the variance." Section 2. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. Section 5. The City Manager or his/her designee is hereby directed to file a copy of the plan and Ordinance with the Commission in accordance with Rule 288.2, Title 30, Chapter 288 Subchapter B, Texas Administrative Code. PASSED AND APPROVED on this the 25th day of June, 2012. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary r,1 ;a,:t91►►=1 11F:1 11911 to] N k►, IF-11 ► I •l I =10 I I rip George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. B.4 PW 2412 -418 Approve the Abandonment of a Portion of Right -of -Way Located within Block B of the College Hills Addition - Ordinance No. 3246 Presenter: Gregory Van Nieuwenhuize, Assistant Public Works Director Summarv: The City Council is being asked to approve an Ordinance which abandons a portion of Right -of -Way within Block B of the College Hills Addition. General Description: Block B of College Hills Addition was platted and recorded in the Plat Records of Tarrant County Texas in 1963. Sixty feet (60') of public right -of -way was dedicated with this plat for College Circle. In 1995 Holiday Lane was extended from Bogart Drive to connect to Watauga Road (now Mid - Cities Boulevard). The connection of College Circle to this new extension of Holiday Lane was made in such a way that it created a small piece of excess right -of -way at the southwest corner of the intersection. Recently, Fort Worth Christian School has submitted a replat for their property. This replat consists of the following blocks in the College Hills Addition. • Block A • portions of Block B • portions of Block 28 This replat will combine the lots bordered by Holiday Lane on the west and north, College Circle on the east and Bogart Drive on the south into one lot which is proposed to be Lot 1 of Block 1 in the Fort Worth Christian Addition. As part of this upcoming replat, Fort Worth Christian School has requested that the unused portion of the old College Circle right -of -way be abandoned so that it can be incorporated into the proposed Lot 1, Block 1 of the Fort Worth Christian School Addition. The City's Thoroughfare Plan indicates that Holiday Lane is to be a 4 -lane undivided Major Collector Street (C4U) and that College Hill Circle is to be a 2 -lane undivided Minor Collector Street (C2U). The existing right -of -way width for each street complies with their respective designations shown on the Thoroughfare Plan. Therefore the excess portion of the old College Circle right -of -way at the southwest corner of Holiday Lane and College Hill Circle is no longer needed and is not being utilized by the City or any utility companies. As the right -of -way was dedicated by a previous property owner at no cost to the City, staff recommends allowing ownership of the land to revert back to the current property owner with no compensation to the City. Recommendation: Approve Ordinance No. 3206 N RH ORDINANCE NO. 3206 AN ORDINANCE ABANDONING A PORTION OF STREET RIGHT -OF- WAY LOCATED IN THE CITY OF NORTH RICHLAND HILLS, TEXAS AND AUTHORIZING ITS CONVEYANCE TO THE OWNER OF THE UNDERLYING FEE WHEREAS, the City Council has been requested to abandon a portion of street right - of -way situated within Block B of the College Hills Addition (Volume 388- 32, Page 59 of the Plat Records of Tarrant County, Texas), specifically located south of the intersection of Holiday Lane and College Circle; WHEREAS, the City Council has determined that this portion of street right -of -way is no longer required or convenient for such use; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the street right -of -way located south of the intersection of Holiday Lane and College Circle as previously recorded in Volume 388 -32, Page 59 of the Plat Records of Tarrant County, Texas and as described in Exhibits A and B hereto is hereby abandoned and closed. PASSED AND APPROVED this the 25th day of June, 2012. IA 11 vice] Sr101:49:1N IA: 1W,1►11I7:III% Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1.1 :ZG] ►1=I Il :[tip 11*I0161 ►10 =1 r 16 Mike Curtis, P.E., Managing Director EXHIBIT "A" RIGHT -OF -WAY ABANDONMENT Being a 14,016 square foot tract of land in the J. Barlough Survey, Abstract No. 130, Tarrant County, Texas, being a part of old College Circle (60 foot wide right -of -way), as dedicated by College Hill Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388 -32, Page 59, in the Plat Records Tarrant County Texas (P.R.T.C.T.), and being a part of that called 0.1926 acre tract of land described in Permanent Street Right- of-Way Deed to the City of North Richland Hills, as recorded in Volume 11896, Page 150, in the Official Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 112 -inch set iron rod with yellow plastic cap stamped "HALFF ASSOC INC" (hereinafter referred to as "with cap ") at the intersection of the old west right -of -way line of said College Circle and the west right -of -way line of the new College Circle (60 foot wide right- of-way), being on a circular curve to the left, having a radius of 860.26 feet, whose chord bears North 67 degrees 25 minutes 07 seconds West, a distance of 459.15 feet; THENCE Northwesterly, along said old west right -of -way line and along said circular curve to the left through a central angle of 30 degrees 57 minutes 22 seconds, an arc length of 464.78 feet to a point for comer at the intersection of said old west right -of -way line and the south right -of -way line of Holiday Lane (68 foot wide right -of -way), being the most easterly comer of that called 0.2349 acre tract of land described in Right -of -Way Deed to the City of North Richland Hills, as recorded in Volume 11887, Page 414 O.R.T.C.T.; THENCE North 89 degrees 34 minutes 26 seconds East, across said old College Circle right -of- way, a distance of 219.52 feet to a 112 -inch set iron rod with cap for the beginning of a circular curve to the left, having a radius of 359.77 feet, whose chord bears North 87 degrees 46 minutes 06 seconds East, a distance of 22.67 feet; THENCE Northeasterly, passing the intersection of the northeasterly right -of -way line of said old College Circle, said south right -of way line and the west line of said called 0.1926 acre tract of land at an are length of 12.93 feet, continuing along said circular curve to the left, across said called 0.1926 acre tract, through a central angle of 03 degrees 36 minutes 41 seconds, for a total arc length of 22.68 feet to a 112 -inch found iron rod stamped "MOAK SURV INC" for corner on the common east line of said called 0.1926 acre tract and the west line of Lot A, Block 28, as described in Plat showing. Lots A & B, Block 28, College Hill Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, as recorded in Volume 388 -140, Page 66 P.R.T.C.T.; THENCE South 00 degrees 33 minutes 20 seconds East, along said common line, a distance of 4.48 feet to a 112 -inch set iron rod with cap at the intersection of said old northeast right-of-way line, the southwest comer of said Lot A and the southeast comer of said called 0,1926 acre tract, and being on a circular curve to the right, not being tangent to the preceding course, having a radius of 920.26 feet, whose chord hears South 65 degrees 09 minutes 58 seconds East, a distance of 84.65 feet; Page 1 of 3 THENCE Southeasterly, departing said common line, along said old northeast right - of-way line and along said circular curve to the right, through a central angle of 05 degrees 16 minutes 19 seconds, an arc length of 84.67 feet to a 112 -inch set iron rod with cap, at the intersection of said old northeast right -of -way line and said new west right -of -way line, being on a circular curve to the left, having a radius of 340.00 feet and whose chord bears South 37 degrees 05 minutes 12 seconds East, a distance of 174.00 feet; THENCE Southeasterly, departing said old northeast right-of-way line, along said new west right -of -way line and along said circular curve to the left, through a central angle of 29 degrees 39 minutes 03 seconds, an arc length of 17595 feet to the POINT OF BEGINNING AND CONTAINING 14,016 square feet or 0.3218 acres of land, more or less. A plat accompanies this legal description. Basis of Bearing is the Texas Coordinate System NAD 83, North Central Zane (4202), Based on City of North Richland Hills Monuments 3, 4, 14 and 17 observed by GPS using Western Data Systems Dallas/Fort Worth area RTK Cooperative Network on 1/1412012, Convergence Angle For City of North Richland Hills Monument 4 is 00 degrees 42 minutes 24.78622 seconds, as computed by Corpscon 6.0.1. Page 2 of 3 Exhibit "B" CURVE DATA TABLE BEARING /DISTANCE TABLE A =05' 16' 19' ©=29' 39' 03' .� R=920.26' R= 340.00' ®j S00 33' 20'E 1cmESRaLm r MID T =42.37' (� y T= 89.99' 4.48' OL Li' L =84.67' �`J L =175.95' �''' PAREN CB =565' 09' 58'E CB =S37" 05' 12'E ------ - - - - -- CD =84.65' CD= 174.00' ` 1 PROPERTIES,. LP, ITY MAP y OOC. N0. 2102$4897 VICIN 0.1.5. TH 6 & =03 3'6' 4 O,P.R..T.C•T. c I'sLOCK1d R= 359.77' 1 H ' PRT-CT- T= 31.34' , 0 \3- X L =22.68' ]• ^ -,�'[s 'OUT LOT' REMAINDER HL S MCS PROPERYIES,LP. CB - N97' 46' 06'E ' of LOT A, BLOCK 28 DOC, NO, 021019290d - O.P.R.T.C.T. 'CD =22"'' .67' COLLEGE HILL ADDITION VOL. 388 -140, PG. 66 _ - -__ -- � --- '� / W/ P.R.T.C.T. CITY OF NORTH IOAX SURV GENERAL WARRANTY DEED Hill in 4" 1 tNIF j)r a 1NC°CAP —FORT WORTH CHRISTIAN SCHOOL 00067612 [68' ROW) VOL. 11896. PG. 150 I / DOC NO 2 C. T, o.R.r.c,r, , ,r d.R.l IP ° $I R, N89' 34' 26 "E 219.52' W/ LAP _--- - -- - -- ...... ifa FIR s 25' BUILDING LINE w/ cap •HOAX F, Rv — INC LAP 20' PIPELAC EASEMENT - - - - - r£XAS MIDSTREAM GAS 2S' PIPELfNE EASEMENT ' SEPVECES, L.L.C. 1 W/ CAP DOC NO D210207S85 TEXAS M19STREAM CAS SERVICES, L.L.C. D,P „R „7,C.7. LOTS A A B. BLOCK 28 DOC NO 0ZIO2O7585 COLLEGE HILL ADDITION O.P.R. T.C. T. 2 \ 'VOL. p�i T PG. 66 BLOCK B 11 = 30' S7' 22' I y rftl FrF HII I AFIFTITVIN F1 =P.F"i 7G' BEGINNING VO L. A P.R 38 8 - 32, PO. 54 L 464.78' I T.C.T. P.R. WARRANTY DEED - FORT WORTH CHRISTIAN CB =NG7' 25' 07'W y, S.I.R. SCHOOL, INC. CD= 459.15' w/ CAP VOL 3294, PG 486 w c NO \EASEMENT l � D.R.T.C.T. �y 1 1y �y �e lr � M1r A I �/ no D.R. `~� s(/ R IG HT - O F- WA Y I OF - YYA — — ' I — — LOT 1 R, BLOCK A (� FORT WORTH CHRISTIAN ABANDONMENT -- I -- -- ' \ SCHOOL ADDITION 14,016 S. -- 1,788,845 SO. FT., 41.07 ACRES °�X 0.3218 ACRES f If I I wf CAR 4 — i0' ONCDR ELEC r I f�f DELIVERY EASEMENT r r IO' T,E.S.C.O. BY SEPERATE I EASEMENT 0 50 100 150 WSTRtPAEN7 �y f -- - -' - -- -'__ + VOL. 3699. PG. 549 �+ D.R. T.C. T. SCALE: 1 " =100' LEGEND CONTROL MONUMENT DEED RECORDS TARRANT COUN7Y,TEXAS ,. O.R.T,C.T. OFFICIAL RECORDS TARRANT COUNTY. TEXAS �I P.R.T.C.T • M P / CAP d 1A PLAT RECORDS TARRANT COUNTY,TEXAS I /2 FOUND IRON ROD {UNLESS NOTED) 'ry. °/' SET IRON ROD W1 CAP STAMPED Ul, Y'fLLOW 'HALFF ASSOC. INC. 9L11EENALIF�D W/ CAP STAMPED CALCULATED POINT EXISTING PROPERTY LINE - EXISTING EASEMENT LINE HALFF 0.3218 ACRE RIGHT -OF -WAY A+ NOTE: _I BASIS OF SEARING IS THE TEXAS COORDINATE (CM) SYSTEM NAD 83, NOTTH CENTRAL PONE (4202), D.R.T.C.1 r ^° MONUMENTS 3,4,14 AND 17 OBSERVED BY GPS PA1¢ �tf USING WESTERN DATA SYSTEMS DALLAS /FORT LIE WORTH AREA RTK COOPERATIVE NETWORK ON 1/14/2012, CONVERGENCE ANGLE FOR CITY OF RICHLAND NORTH 4 IS 00 CALHIOU DEGREES MINUTES SECONDS, AS COMPUTED BY CORPSCON 6.0.1. A LEGAL DESCRIPTION ACCOMPANIES TH65 PLAT y , d � _ man CITY OF ■ ■■ , NORTH FiICHLAND HILLS �� M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. B.5 GN 2012 -043 Approve AssessorlCollector for Resolution No. 2012 -021 Agreement with Tarrant County Tax the Collection of City Property Taxes - Presenter: Mark Mills, Budget Director Summarv: This agenda item is to request approval of an agreement with the Tarrant County Tax Assessor /Collector for the collection of city property taxes. General Description: The Tarrant County Tax Assessor /Collector has submitted its annual agreement for property tax collection services. The County has collected property taxes for the City of North Richland Hills since October 1993. During this time, city staff has continually evaluated their performance and is pleased with the collection performance, customer service and cost savings realized by the city. A copy of the agreement is attached for Council consideration. This agreement is essentially the same as the previous agreement, though it includes a rate increase. The new rate is $0.90 per parcel; an increase of $0.25 per parcel over the previous rate of $0.65. The last rate increase occurred in 2008 when Tarrant County increased the rate to $0.65 per parcel from $0.50. The 2008 increase was the first increase since the city entered into the agreement with the County in 1993. The new $0.90 rate, in addition to an increase in the number of accounts on the tax roll, would equate to a total cost for this service of approximately $25,000. This is roughly $9,600 higher than the previous agreement. Staff contacted the Tarrant County Assessor/Collector to determine the nature of the rate increase. Thomas Spencer, Chief Deputy with the Tax Office indicated that the rate change resulted from multiple factors. First, the rate had not been updated in several years, even though it was recalculated annually. Second, the rate had previously been set below the cost of collection. Recent research by County staff determined that the County was obligated by law to charge the incremental cost of assessing and collecting for other entities and therefore needed to raise its rate. Finally, operational costs associated with the service have increased. Despite the increase in cost, the service provided by the Tarrant County Tax Assessor /Collector is still an excellent value. It would not be possible for the City of North Richland Hills to conduct the same service, at the same quality, for the amount that Tarrant County is charging. Recommendation: Approve Resolution No. 2412 -021, authorizing the City Manager to sign the agreement between the Tarrant County Assessor/Collector and the City of North Richland Hills. M RH RESOLUTION NO. 2012 -021 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RIC'HLAND HILLS, TEXAS: SECTION 1. THAT the City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Tax Assessor /Collector to collect the ad valorem taxes of the City of North Richland Hills. PASSED AND APPROVED this the 25th day of June, 2012. ATTEST: Patricia Hutson, City Secretary ] 11WKS]M►IQAd:1N[91:IW'_1►1N1:III Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1�1 x:191►1=I I1_ 11OI+161►1021 :16 Mark C. Mills, 'Budget Director TARRANT COUNTY TAX OFFICE .f�. • L R4N WRIGHT . 0: 100 E. Weatherford, Room 105 Fort Worth, Texas 76196 -0301 • 817 - 884 -1100 'Ta Asssssnr-cuneator taxoffice @ tarrantcounty.com April 11, 2011 Mr. Dickie Steams PO Box 82069 North Richland Hills, TX 76182 Bear MTi Steams, It is time to renew our contract for property tax collection. As you are no doubt aware, the tax office conducts a thorough review of its collection costs every few years. The last was five years ago, resulting in an increase of the collection fee to n.65 per account or parcel. We recently completed another cost review, and, as a result, the collection fee will increase this year to $.90 per account. State law requires that I charge taxing entities my actual costs for tax collection. Enclosed are two original renewal contracts for the assessment and collection of your ad valorem taxes by Tarrant County for the tax year 2012. After the contracts have been signed, please return BOTH copies to my office to the attention of Sheila Moore, Entity Liaison. I will mail a fully executed contract to you after the Commissioner's Court has made formal approval of the contract. This will be at the end of September, so the contract will be retirned in October. If you require more than one original, please make a copy of the contract and mail all three back to my office. In order to have your contract in place prior to the upcoming tax season, I would ask that you have the properly executed contract returned to me no later than July 31, 2012. In addition to your 2012 contract, I am enclosing an attorney confirmation forin. Please fill out ttte requested information, sign and return to my office along with the collection contracts. You will he invoiced for your collection commission by January 31, 2013 with payment due no later than February 28, 2011 The time for rate calculations is rapidly approaching and many of you are already in budget preparations. Please miucmbcr the importance of getting the rate and exemption information to us prior to the September 14 "` rate submission deadline. My office will provide more information on this requirement in the near future. If you have questions, please contact my Entity Liaison, Sheila Moore, at 817 -884 -1526, or you may contact me at 817 -884 -1106 or by e-mail rjwright@tarrantcounty.com. Sincerely, Ron Wright, Tax Assessor Collector Tarrant County § Agreeemeni For The Calleeden Of Tares COUNTYOFT.4RRANT § Agreement made this day of , 2012, by and between the Tarrant County Tax AssessorlCollector, hereinafter ref erred to as ASSESSORJCOLLEECTOX and Tarrant County, hereinafter referred to as the COUNTY, both of whom are addressed at 100 E. Weatherford Street, Fort Worth, Texas 76196 -0301, and the City of North Richland Hills hereinafter referred to as City, whose address is PO Box 82004, Month Richland Hills, TX 76182. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will provide assessment and collection services of Ad Valorem taxes levied by the City. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: SERHCE,S TO BE PERFORMED The ASSESSORICOLLECTOR agrees to bill and collect the taxes due and owing on taxable property upon which the City has unposed said taxes. The ASSESSOPJCOLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property. The services performed are as follows: receiving the Certified Appraisal Roll from the appropriate Appraisal District and monthly changes thereto; providing mortgage companies, property owners and tax representatives, tax roll and payment data; providing all necessary assessments of taxes and Truth in Taxation calculations as required; the transmittal of tax statements via the U.S. Mail or el ectronic transfer of data; and payment processing. All City disbursements, made by check or by electronic transfer (ACH), for collected tax accounts will be made to the City on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars ($100.00), the disbursement may be withheld until the cumulative total of taxes collected for the City equals at least one hundred dollars ($100.00), or at the close of the month. H. REPORTS The ASSESSORICOLLECTOR will provide the City the following reports, if requested: Daily: General Ledger Distribution Report Weekly. Detail Collection Report (Summary) Monthly: Tax Roll Summary (Totals Only) Year -to -Date Summary Report Detail Collection Report (Summary) Distribution Report (Summary) Delinquent Tax Attorney Tape Annual: Paid Tax Roll Delinquent Tax Roll Current Tax Roll A selection of the above listed Reports will only be available by inkmet access. The ASSESSOR/COLLECTOR will provide the City the General Ledger Reverrue & Expense Report monthly as required by Sec. 31.10 of the Texas Property Tax Code. H1 COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of ninety cents ($.90) per account. The number of accounts will be based on the October balling roll certified to the ASSESSOR/COLLECTOR by the Appraisal District. New accounts added by the appropriate Appraisal District will be billed to the entity. The ASSESSOR/COLLECTOR will invoice for all these accounts by January 31, 2013 with payment to be received from the, City by February 2$, 2013. The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election, these costs incurred by the Tarrant County Tax Office will be separately identified, billed, and paid by the entity. Iv AUDITS The ASSESSORICOLLECTOR will provide to the City auditor necessary explanations of ail reports and access to A aSESSOR(COLLECI'OR in -house tax system computer terminals to assist the City auditor in verif}ang audit samples of the financial data previously provided by the ASSESSORJCOLLECTOR during the past audit period. V TAX RATE REQUIREMENT The City will provide the ASSESSOR/COLLECTOR, in writing, the City's newly adopted tax rate and exemption schedule to be applied for assessing purposes by Friday, September 14, 2013. Under authority of Section 31.01 (h) of the Property Tax Code, any additional cost of painting and mailing tax statements because of late reporting of the tax rate or the exemption schedule will be charged to and must be paid by the City The tax rate and the exemption schedule for each of the last five (5) years in which an ad valorem tax was levied, or all prior years where there remains delinquent tax, must be furnished in writing to the ASSESSOWCOLLECTOR at the time of the initial contract. l7 COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS In performing the services required under this Agreement, the ASSESSORlCOLLECTOR shall comply with all applicable federal and state statutes, final Court orders and Comptroller regulations, If such compliance is inrpossrble for reasons beyond its control, the ASSESSOR/ OLLECTOR shall immediately notify the City ofthat fact and the reasons therefore. VIL DEPOSIT OF FUNDS All fiords collected by the ASSESSORICOLLECTOR in the performance of the services stated herein for the City shall be promptly transferred to the account of the City at the City's depository bank. All payments to entities will be made electronically by the automated clearing house (ACH). The ASSESSORICOLLECTOR has no liability for the funds after initiation of the ACH transfer of the City's funds from the COUNTY Depository to the City's designated depository. VIII. INYESTMENT OFFUNDS The City hereby agrees that the COUNTY, acting through the COU TY Auditor, may invest collected ad valorem tax funds of the City during the period between collection and payment, The COUNTY agrees that it will invest such fitnds in compliance vifth the Public Funds investment AcL The COUNTY further agrees that it will pay to the City all interest or other earnings attributable to taxes owed to the City, All parties agree that this Agreement will not be construed to lengthen the time period durirrg which the COUNTY or the ASSESSORICOLLECTOR may hold such funds before payment to the City. JX.. REFUNDS Refunds will be made by the ASSESSORICOLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the City of changes in the tax roll which were mandated by the appropriate Appraisal District. The ASSESSORICOLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five (5) years are provided to the ASSESSORlCOLLECTOR. All refunds of overpayments our erroneous paynnents due, but not requested, and as described in Section 31.1.1 of the Texas Property Tax Code, will after three years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSORICOLLECTOR. The contract must have been in force, actual assessment and collection fintclions begun and the tax account was at the time of the over or erroneous payment within the City's jurisdiction, The proportional share is based upon the City's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment hi the event any lawsuit regarding the collection of taxes provided for in this agreement to which the City is a party, is settled or a final judgment rendered, and which final judgment is not appealed, and the terms of such settlement agreement or final judgment require that a refund be issued by the City to the taxpayer, such refund shall be made by AS SESSORICOLLECTOR by debiting funds collected by ASSESSOR/COLLECTOR on behalf of the City and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgment. X DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the collection fee pursuant to Sections, 33.07, 33.08, 33.11 (changed order) and 33.48 of the Property Tax Code, when allowed. The ASSESSOFJODLLECTOR will collect attorney fees that are specified by the City through written agreement with a delinquent collection Attorney. The ASSESSORICOLLECTOR will disburse the amount directly to the City for compensation to a Firm under oontrwt to the City. If the delinquent collection Attorney contracted by the City requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party, the employee's e xpenses and proportionate salary will be the responsibility ofthe City and will be added to the collection expenses and charged to the City. The ASSESSOWCOLLECTOR will not be responsible for the collection of prior year del accounts unless all delinquent accounts information is provided to the ASSESSOR/COLLECTOR. M. TERM OFAGREEAIENT This Agreement shall become effective as of the date hereinabove set out and shall cont in effect during the 2012 tax year, unless sooner terminated by providing sixty (60) day written notice, as outlined in paragraph XII. XII. NOTICES Any notices to be given hereunder by either party to the other may be effected, in writing, either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. I= MISCELLANEOUS PROVISIONS This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this instrument shall he of no force or effect. This Agreement shall be construed render and in accordance with the laws of the Stare ofTexas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions container) in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as ifsncb invalid, illegal, or une nforceable provisions had never been contained This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior unders or written or oral agreernents between the parties respecting the within subject matter. Executed on the day and year First above written, Tarrant County, Texas BY. RON WRIGHT DATE TAX ASSESSOR/COLLECTOR TARRANT COUNTY FOR City ofN®rtJr Riehknd Hills BY.• DATE TITLE FOR TARRANT COUNTY.• BY.- B. GLEN *=LEY DATE TARRANT COUNTYJIIDGE APPROVED AS TO FORM *AND CONTENT BY. DISTRICT ATTORNEY'S OFFICE DATE �By law, the District Attorney's Office may Only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). M KH �S CQ�N7, DELINQUENT ATTORNEY CONFIRMATION 2012 TAX YEAR Please complete the form below, have notarized and return with your entity contract The Delinquent Attorney Firm for Name of Taxing Entity is Name of Firm Collection penalty % by ordinance, resolution or amendment authorizing attorney collection fees in accordance to Sections 33.07 and 33.68 Texas Pronertv Tax Code is Percent Collection penalty % by ordinance, resolution or amendment authorizing early turn over of this tint's business personal property in accordance to Section 33.11 Texas Pronertv Tax Code is Percent The effective date of the ordinance, resolution or amendment authorizing early turn over of this unit's business personal property in accordance to Section 33.11 Texas Pronerty Tax Code is Month Day Year If you change law firms you must notify Tarrant County Tax Office an writing By signature below, the information contained in this form is deemed true and correct. Authorized Signature Date Printed Name Title Sworn and Subscribed to before me on this the day of to certify which witness my hand and seal of office. Notary Public in and for the State of Texas My commission Expires. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 0 -25 -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 -25 -2012 Subject: Agenda Item No. C.1 ZC 2012 -04 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from CA Commercial, 0 -1 Office and R -2 Single Family Residential to U Institutional on 12.294 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3198 (Continued from the May 14, 2012 Council Meeting) Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: B.H. & L. Joint Venture is requesting approval of a zoning change from 0-1 Office and C -1 Commercial to U Institutional for a 12.294 -acre open space and trail access dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike - and -bike trail through the Little Bear Creek Corridor, which this public use dedication and zoning allows the City to do. A Replat dedicating the land for public use is also being c;d by City Council (RP 2012 -03) in a subsequent agenda item. City Council considered this case under the same case number at their May 14 meeting and continued the public hearing to ,June 25 upon the applicant's request. Council asked that the applicant address the Davis Boulevard access and Timber Drive connection issues on the Replat case. The resulting change to the Replat (further discussed in the staff report for RP 2012 -03) impacts the boundaries of the zoning change. The following chart describes the difiL-) e,; iue between the two , -ui (, i�j requests Existing Zoning R -2, 0-1 & C -1 Acreage 12.929 Boundary #3 w #I Notifications 30 D -1 & C -1 12.294 any 30 As with the May 14 hearing, there are three agenda items that are all part of one development. This agenda item (ZC 2012 -04) and the next (ZC 2012 -05) are both zoning requests for the proposed development. The third agenda item is a residential replat (RP 2012 -03). Staff recommends that the public hearing for all three agenda items be held simultaneously since there are some issues that are generally plat related but could have a significant impact on the property and how the property should be zoned. On June 19, staff received a petition letter representing nine residential properties on Timber Drive (attached). The letter specifically opposes the Replat case (RP 2012 -03), but may impact Council's consideration of the zoning cases as well. The petition was a surprise to Staff since we had recently met with three of the property owners who have signed the petition and during the meeting all three property owners indicated support of the proposed layout. Based on the petition the primary point of opposition remains the connection of Timber Drive to the new Thornbridge West development. The residents of Timber Drive would like to see their street remain as a dead -end street. The revised development plan provides direct and easy access for Timber Drive to a new signalized intersection at Shadywood Lane and it also specifies that the existing Timber /Davis intersection be reconstructed as a "right -in right- out." Staff believes these two changes would not significantly (if at all) increase traffic counts down Timber Drive. The positive with the current development plan is that it balances the residential traffic on both the existing Timber Drive and the proposed Clear Spring Court. The residents on Timber Drive do not necessarily need to use Clear Spring Court to access the proposed traffic signal at Davis and Shadywood as the plan is currently proposed. Basically the residents on each street will most likely use their own street to access the signal light. One point mentioned in the petition that Staff wants to bring to Council's attention is the "20% requirement protesting the replat." This refers to the provision in Section 212.015 of Texas Local Government Code that requires a three - fourths affirmative vote of the governing body to approve a residential replat where 20% or more of the land -area within 200 feet of the subject property is in opposition. However, this is only applicable to the replat if a variance is being requested. No variances are being requested in this case, so the three - fourths provision (or "super majority') does not apply to the replat. The opposition petition letter is specific to the replat and does not explicitly mention the zoning requests. If there is opposition from the residents on Timber Drive to the "U" Institutional zoning change boundary, the signatures on the current petition are not adequate to satisfy the 20% opposition threshold. Staff has not performed any calculations yet regarding boundaries of the R -2 zoning change request, however, it is possible that the super - majority requirement could be in effect to the R -2 request. Staff will run the geographic calculations in preparation for the City Council meeting. The petition also indicates that the safety concerns have been addressed with the new plan. Those that signed the petition are basically indicating that they prefer a cul -de -sac. Since the City has required the Developer to go back and address all of the safety concerns and in doing so has placed additional costs on the overall Development, Staff is not sure that the Developer would be in agreement to voluntarily replace the existing cul -de -sac. The Developer would need to remove two proposed lots from the current plan in order to replace the existing cul -de -sac currently located on private property. The Developer considered a "hammer head" type turn around previously that would require one additional lot to be removed but again that was before he had the additional costs required to align the new street with the existing Shadywood. Staff believes the plan as submitted with the connection of Timber Drive is the best plan for the overall neighborhood. PLAT STATUS: About half of this area is currently unplatted and described as Tract 7A2 of the Stephen Richardson Survey, Abstract No. 1266. The remaining half is portions of Lots 12-16 of the Holder Smithfield Estates plat, a portion of Holder Smithfield Estates that was never developed. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Parks /Open Space" and "Single Family Residential" for this area. The proposed zoning is consistent with the Comprehensive Land Use Plan as well as the Parks and Open Space Master Plan, which calls for a full hike and bike trail in the Little Bear Creek Corridor. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on April 19, 2012 and voted 5 -0 to recommend approval of ZC 2012- 04. After the May 14 City Council meeting and resulting changes to the zoning boundary and associated plat, staff re- advertised the case for the June 21, 2012 Planning & Zoning Commission meeting. Because this report is written prior to the Commission's meeting, Planning staff will brief City Council on the Commission's discussion and recommendation at the June 25 City Council meeting. STAFF RECOMMENDATION: Staff sees this specific "U" Institutional zoning change request and associated dedication as an opportunity to implement the City's master - planned trail network and formally preserve the area for public use. As such, staff recommends approval of Ordinance No. 3198; ZC 2012 -04. LOCATION MAP L//;I C -� Co mmercial & R -2 Residential to U Institutional E Case# ZC 2012 -05 - Zoning Change From 0-1 Office and R -3 Residential to R -2 Residential I:14VF- 11W0[Wo] ORIGINAL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING r CITY OF NORTH RICHLAND HILLS z PLANNING AND ZONING COMMISSION r,5 AND CITY COUNCIL Case #: ZC 2012 -04 & ZC 2012 -05 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: ZC 2012 -04 - A Public Hearing is being held to Consider 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 12.106 acres in the 8200 Block of Davis Blvd. ZC 2012 -05 - A Public Hearing is being held to Consider 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. 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. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 UPDATED PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING ' az CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION TcRS AND CITY COUNCIL Case #: ZC 2012 -04 & ZC 2012 -05 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: ZC 2012 -04 - A Public Hearing is being held to Consider 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 12.294 acres in the 8206 Block of Davis Blvd. ZC 2012 -05 - A Public Hearing is being held to Consider 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 1.836 acres in the 8200 Block of Davis Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 21, 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, JUNE 25, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 82_0 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Johnson, Russell E 1St "Ix Council Camp Fire Inc B H & L JV of Hurst 7301 Cottonwood Ct 2700 Meacham Blvd 700 W Harwood Rd Ste A North Richland Hills Tx 76182 -7824 Fort Worth Tx 76137 -4601 Hurst Tx 76054 -3357 Bolling, Clyde R 1 Country Place Dr Fort Worth Tx 76192-8925 Gilliland, Johnny Etux Janice 2 Country Place Dr Fort Worth Tx 76182 -8924 Oncor Electric Delivery Co LLC State & Local Tax Dept PO Box 219071 Dallas Tx 75221 -9071 Careathers, Kent 8200 Thornhill Dr North Richland Hills Tx 76182 -8657 Elliott, Kelly Etux Marci 8628 Timber Dr Fort Worth Tx 76182 -8912 Shumate, Peggy P 8612 Timber Dr Fort Worth Tx 76182 -8912 Gavin & Grayson Family Trust PO Box 201085 Arlington Tx 76006 -1085 Woodson, Michai Etvir C 8617 Timber Dr North Richland Hills Tx 76182 -8914 Martin, Roger Etux Peggy 8629 Timber Dr N Richlnd His Tx 76182 -8914 Green, Aaron Y Etux Jennifer E 8209 Thornhill Dr North Richland Hills Tx 76182 -8658 Bokros, Les 8632 Timber Dr Fart Worth Tx 76182 -8912 Showalter, Judith Etvir M 8624 Timber Dr North Richland Hills Tx 76182 -8912 Howerton, Loren Tr Att John Barfield Tr 700 W Harwood Rd Hurst Tx 76054 -3358 Hartman, Joyce Greer 8609 Timber Dr North Richland Hills Tx 761 82 -8914 Osburn, Eleanor 8621 Timber Dr Fort Worth Tx 76182 -8914 Smith, Marla K 8633 Timber Dr North Richland Hills Tx 76182 -8914 Cooper, Michael T Etux V 8245 Thornhill Dr North Richland Hills Tx 76182 -8658 Elliott, Peggy A. 8628 Timber Dr Fort Worth Tx 76182 -8912 J & J Nrh 100 Flp 700 W Harwood Rd Ste A Hurst Tx 76054 -3357 Caughey, Raymond M Etux Marva 8620 Timber Dr North Richland Hills Tx 76182 -8912 Hobaugh, Richard J Sr Etux D PO Box 822241 North Richland Hills Tx 76182 -2241 Harrod, Dave 8625 Timber Dr Fort Worth Tx 76182 -8914 McLain, Chester B Etux Tammy 8213 Thornhill Dr North Richland Hills Tx 76182 -8658 Henry, David L 8201 Thornhill Dr N Richlnd His Tx 76182 -8658 Diaz, Kelli D Etvir Sergio D Current Owner Jurica, Tony Etux Emily 8212 Thornhill Dr 8208 Thornhill Dr 8204 Thornhill Dr N Richlnd His Tx 76182 -8657 N Richlnd Hls Tx 76182 -8657 N Richlnd His Tx 761824657 frum:All Tex Supply PTW 8178312173 06/19/2012 09:28 8980 P.002r003 June 14, 2012 Planning Department -City of North Richland Hills 7301 N. E. Loop 820 North Richland hills, Texas 7618D Re: RP 2012 -03 Dear Planning Department, We, the foI lowing residents of Timber Drive, received notice of the re plat referenced in RP 2012 -03 and per Sec. 212.015 come before you with our written notice of protest as it relates to the provided repiat. We appreciate the apportunity to voice our concerns regarding the impact of this new development on the residents of Timber Drive and continue to urge everyone to consider our feelings as this project moves forward. The repiat with the entrance of the development coming off 5hadywood Lane is certainly a far better . plan, not only with a safety perspective, but also as it relates to the reduction of traffic on Timber Drive. As you are all aware our street is old and narrow and will not accommodate much additional traffic. Having said that, we feel strongly that we deserve to retain our cut de sac at the and of Timber as many of us purchased our homeland because of the rural feel of the street. There is no physica10 r community reason to tie Timber Drive into the new development and lase the cul de sac. We have attended several me.Ptingc that inrlifded P &Z officials, the developer and builder and while they say they hear us, every time a plat is presented it is obvious our concerns are not taken into consideration. Mr. Barfield verbally agreed to a cu de sac during the April 12 meeting and offered to reduce the development by one lot to accommodate his offer. Dustin Austin sat in a meeting on May 12 with several residents and verbally agreed to a cu de sac yet presented the original plan to the May City Council meeting with no cul de sac. We have said a 1 along, build the development but leave Timber Drive alone, which means retaining the cuI de sac. outside of the water flow issues behind our properties, which has been addressed, the one continuing request we have is to not tie our street to Thornbridge West. We come before you with the 20% requirement protesting the replat as presented. Include a cul de sac 0n Timber Drive in a new repiat and you will receive our support. Respectfully, Residents of Timber Drive (signatures an Page 2) Cc: Mayor Trevino - OtOrvnie., ecAy Mike Curtis— Managing Director of Development Services Dustin Austin — Our Country Homes From. All Tex Supply FTY 8178312173 08/19/2012 09:28 RM P.003/003 June 14, 2412. Page 2 Name Address (Slanature Ft, I to - ft - & g T, A— M&P& b-,q1f)O* ?&Q ? 7 tnbe(- b f 1 791 I, kpo V M AN - 0 , ar Ate � 7 �'e�R�- % � a�,»: � .�;�s«' - 7 7, C J-, 7 ? 4kal ORDINANCE NO. 3198 ZONING CASE ZC 2012 -04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 12.294 ACRE TRACT OF PROPERTY FROM C -1 (COMMERICAL) AND 0-1 (OFFICE) TO U (INSTITUTIONAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 12.294 acre tract of land located in the Stephen Richardson Survey, Abstract No. 12061, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from C -1 (Commercial), 0-1 (Office) and R -2 (Single (Family Residential) to U (Institutional) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U ZI III 19Pvf*xelNBUIZ1453 PASSED AND APPROVED on this 25th day of June, 2012. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1;1 »:1+1►1=I l7_[:a f+Ieii el Z I I=I'► I I John Pitstick, Planning & Development Director EXHIBIT A BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY. ABSTRACT NO. 1266, TARRANT COUNTY, TEXAS, SAID TRACT BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7840, PAGE 395. DEED RECORDS, TARRANT COUNTY, TEXAS, AND A PORTION OF LOTS 12 -17, HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHWVD HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 398 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS; BEGINNING AT A CAPPED IRON PIN FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THIS NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6110, PAGE 657, DEED RECORDS, TARRANT COUNTY, TEXAS, AND THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, THORNBRIDGE SOUTH, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 5371, PLAT RECORDS, TARRANT COUNTY. TEXAS: THENCE NORTH 89 DEGREES 10 MINUTES 11 SECONDS WEST 815.30 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6110, PAGE 657; THENCE SOUTH 89 DEGREES 35 MINUTES 27 SECONDS WEST 369.00 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6110, PAGE 657 AND A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14144, PAGE 216, DEED RECORDS, TARRANT COUNTY. TEXAS, TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED. SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 64, DEED RECORDS, TARRANT COUNTY, TEXAS: THENCE NORTH 01 DEGREES 20 MINUTES 38 SECONDS EAST 160.20 FEET ALONG THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4042. PAGE 84; THENCE NORTH 45 DEGREES 41 MINUTES 52 SECONDS WEST 294.84 FEET AND CONTINUING ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 84 TO THE EAST LINE OF LOT 1, BLOCK 1, NORTHFIELD PARK. AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -200, PAGE 87. PLAT RECORDS, TARRANT COUNTY, TEXAS FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND AND DESCRIBED IN DEED RECORDED IN VOLUME 4042, PAGE 84; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 378.00 FEET ALONG THE EAST LINE OF SAID LOT 1, BLOCK 1, NORTHFIELD PARK TO THE SOUTHEASTERLY R.O.W. LINE, OF DAVIS BOULEVARD FOR THE NORTHEAST CORNER OF SAID LOT 1. BLOCK 1. NORTHFIELD PARK; THENCE NORTH 45 DEGREES 19 MINUTES 40 SECONDS EAST 214.26 FEET ALONG SAID R.O.W.; THENCE SOUTH 44 DEGREES 51 MINUTES 14 SECONDS EAST 287.15 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WITH A RADIUS OF 175.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT 139. FEET TO THE END OF SAID CURVE, WHOSE CHORD BEARS 135.86 FEET SOUTH 22 DEGREES 00 MINUTES 49 SECONDS EAST, THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 63.37 FEED TO THE BEGINNING OF A CURVE TO THE LEFT WITH A RADIUS OF 75.G0 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT 117.81 FEET TO THE END OF SAID CURVE. WHOSE CHORD BEARS 106.07 FEET SOUTH 44 DEGREES 10 MINUTES 24 SECONDS EAST: THENCE SOUTH 89 DEGREES 10 MINUTES 24 SECONDS EAST 232.94 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 99.72 FEET. THENCE SOUTH 67 DEGREES 05 MINUTES 46 SECONDS EAST 53.97 FEET; THENCE SOUTH 77 DEGREES 23 MINUTES 27 SECONDS EAST 133.42 FEET; THENCE SOUTH 59 DEGREES 56 MINUTES 14 SECONDS EAST 118.36 FEET; THENCE SOUTH 61 DEGREES 24 MINUTES 54 SECONDS EAST 119.10 FEET; THENCE NORTH 65 DEGREES 15 MINUTES 44 SECONDS EAST 35,79 FEET TO A POINT LOCATED IN A NON- TANGENT CURVE TO THE LEFT WITH A RADIUS OF 58.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT 68.96 FEET TO THE END OF SAID CURVE, WHOSE CHORD BEARS 64.97 FEET SOUTH 58 DEGREES 48 MINUTES 04 SECONDS EAST: THENCE SOUTH 80 DEGREES 33 MINUTES 28 SECONDS EAST 204.73 FEET TO THE WEST LINE OF SAID BLOCK 1, THORNBRIDGE SOUTH THENCE SOUTH 00 DEGREES 17 MINUTES 26 SECONDS EAST 115.70 FEET ALONG THE WEST UNE OF :SAID BLOCK 1. THORNBRIDGE SOUTH TO THE POINT OF BEGINNING AND CONTAINING 12.294 ACRES OF LAND, MORE OR LESS EXHIBIT B xv.b A" s too 7 � � -A Li ia PrAp� Sol)= P' CLAMP aXLY9 D" ,spa 26MIN4 MOM rJr— — . - = AM" *TA"W ZONING EIrlmlair MN" e-1 ANXI 0-0 SAM 02-294 ACRE TRACT #(.T or fir STEPHEN WMARDSON SURVEY. ABSTRACT NO 1266 GATT OP % PITIUAMP AMIZ. tANJUXT FMFMTY. TEXAS TAFORA"PRIDGE WEST EXCERPT FROM THE MINUTES OF THE APRIL 19, 20'12 PLANNING AND ZONING COMMISSION MEETING 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 12.106 acres in the 8200 Block of Davis 'Blvd. Chairman Shiflet opened the Public Hearing of ZC 2012 -04 and ZC 2012 -05. Clayton Comstock said the purpose of these two requests, 2012 -04 and 2012 -05, for the Thornbridge West development plan are zoning changes for the future development and platting. The zoning change from R -2 Single Family, 0-1 Office and C -1 Commercial to U Institutional for a 12.929 -acre park dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike and bit trail through the Bear Creek Corridor, which this park dedication and zoning allows the City to do. A Final Plat dedicating the land as Public Park will follow shortly after the zoning change. Staff recommends approval of this zoning change. Mr. Comstock said the zoning change from R -3 Single Family and 0-1 Office to R -2 Single Family on three separate tracts totaling 1.857 acres. The applicant was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three slivers of land are additions to the area developed for Thombridge West. The northernmost 1.541 acres is currently zoned R -3. The R -2 zoning would be consistent with the rest of the Thornbridge West development. The southernmost pieces 0.137 acre and 0.179 acre are currently zoned 0 -1 and were previously planned as part of the applicant's park dedication. The application as adjusted their boundary of the park dedication, thus requiring the zoning approval for residential use. The applicant will be following the zoning request with a Final 1Replat for 36 residential lots, two small common area lots (for emergency access and entry features) and a 12.205 acre Public Park dedication on a total of 25 acres. Staff recommends approval of this zoning change. Don Bowen asked if the portion marked Institutional will be deeded to the City and included as Public Park Land. Clayton Comstock said yes, it will be a dedicated Public Park and completed on the Final Plat. It will also include a trail connection which will be a great addition to the City's trail system. Dustin Austin, 6505 Rock Springs Drive, N RH came forward acting as the developer and partner for the zoning requests and additions. Chairman Shiflet asked if anyone wished to speak for or against the zoning changes. Seeing none he closed the Public Hearing and entertained a motion. APPROVED Don 'Bowen motioned to approve ZD 2012 -04. The motion was seconded by Mike Benton and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. C.2 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 1.836 acres in the 8200 Block of Davis Blvd. - Ordinance No. 3199 (Continued from the May 14, 2012 Council Meeting) Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: B.H. & L. Joint Venture is requesting approval of a zoning change from R -3 Single Family and 0 -1 (office to 'R -2 Single Family on three separate tracts totaling 1.836 acres. The applicant/owner was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three , 'slivers" of land are additions to the area developed for Thornbridge West. The northernmost 1.541 acres is currently zoned R -3. The R -2 zoning would be consistent with the rest of the Thornbridge Vilest development. The southernmost pieces -0.126 acre and 0.169 acre —are currently zoned 0 -1 and were previously planned as part of the applicant's public dedication. The applicant has adjusted their boundary of the public dedication, thus requiring the zoning approval for residential use. City Council considered this case under the same case number at their May 14 meeting and continued the public hearing to June 25 upon the applicant's request. Council asked that the applicant address the Davis Boulevard access and Timber Drive connection issues on the Replat case. The resulting change to the Replat impacts the boundary of the southernmost slivers of the zoning change, but very minimally. The following chart describes the difference between the two zoning requests: Existing Zoning Acreage Boundary #1 Notifications R -3 & 0 -1 1.541 ac. (R -3) 0.316 ac. (0-1) 1.857 ac. total a ol< R -3 & © -1 1.541 ac. (R -3) 0.295 ac. (0-1) 1.836 ac. total The changes to the boundary are too minimal to notice without full size plans and an engineer's scale. 30 130 The purpose of this zoning change request is to accommodate the Replat for Thornbridge West, an R -2 residential development of 37 lots, one small common area lot and a 12.294 -acre public dedication on a total of 25 acres. As with the May 14 hearing, there are three agenda items that are all part of one development. This agenda item (ZC 2012 -04) and the next (ZC 2012 -05) are both zoning requests for the proposed development. The third agenda item is a residential replat (RP 2012 -03). Staff recommends that the public hearing for all three agenda items be held simultaneously since there are some issues that are generally plat related but could have a significant impact on the property and how the property should be zoned. As mentioned in the previous agenda item on June 19, staff received a petition letter representing nine residential properties on Timber Drive (attached). The letter specifically opposes the Replat case (RP 2012 -03), but may impact Council's consideration of the zoning cases as well. The primary point of opposition remains the connection of Timber Drive to the new Thornbridge West development. The residents of Timber Drive would like to see their street remain as a dead -end street. The revised development plan provides direct and easy access for Timber Drive to a new signalized intersection at Shadywood Lane and would not significantly increase traffic counts down Timber Drive. One point mentioned in the previous agenda item is that Council should be aware of is that the "20% requirement protesting the replat" that the letter refers to is regarding the provision in Section 212.015 of Texas Local Government Code that requires a three - fourths affirmative vote of the governing body to approve a residential replat where 20% or more of the land -area within 200 feet of the subject property is in opposition. However, this is only applicable if a variance is being requested. No variances are being requested in this case, so the three - fourths provision (or "super majority ") does not apply. The opposition petition letter is specific to the replat and does not explicitly mention the zoning requests. If there is opposition from the residents on Timber Drive to the "U" Institutional zoning change boundary, the signatures on the petition are not adequate to satisfy the 20% opposition threshold. Staff has not performed any calculations yet regarding boundaries of the R -2 zoning change request however, it is possible that the super - majority requirement could be in effect to the R -2 request. Staff will run the geographic calculations in preparation for the City Council meeting. As mentioned in the previous agenda item the residents that signed the petition agree that their safety concerns have been addressed with the new development plan they just want the existing temporary cul -de -sac located on private property to be replaced. PLAT STATUS: The 1.541 acre R -3 piece of this request is currently platted under the Holder Smithfield subdivision, as are both the 0 -1 "slivers." COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Single Family Residential" for this area. The proposed zoning is consistent with the Comprehensive Land Use Plan. PLANNING &, ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, April 19, 2012 and voted 5 -0 to recommend approval of ZC 2012 -05. After the May 14 City Council meeting and resulting changes to the zoning boundary and associated plat, staff re- advertised the case for the June 21, 2012 Planning & Zoning Commission meeting. Because this report is written prior to the Commission's meeting, Planning staff will brief City Council on the Commission's discussion and recommendation at the June 25 City Council meeting. STAFF RECOMMENDATION: The proposed "R -2" Residential zoning change is consistent with the Comprehensive Land Use Plan for residential uses in this area. The request also standardizes a single residential zoning category for the entirety of the developable area. As such, staff recommends approval of Ordinance No. 3199, ZC 2012 -05. LOCATION MAP ty — — s L7 Timber Ln — I x 200' Not' flcatlon Area C se # ZC 2092 -04 - Zoning Change from 4.1 Office, C-1 C.r , .l A & R -2 Residential to U Institutional Case # ZC 2012 -05 -Zoning Chan a from 0-1 Office a r and R -3 Residential to R -2 Residential AERIAL PHOTO ORIGINAL PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING r CITY OF NORTH RICHLAND HILLS z PLANNING AND ZONING COMMISSION r,5 AND CITY COUNCIL Case #: ZC 2012 -04 & ZC 2012 -05 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: ZC 2012 -04 - A Public Hearing is being held to Consider 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 12.106 acres in the 8200 Block of Davis Blvd. ZC 2012 -05 - A Public Hearing is being held to Consider 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. 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. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 UPDATED PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING ' az CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION TcRS AND CITY COUNCIL Case #: ZC 2012 -04 & ZC 2012 -05 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: ZC 2012 -04 - A Public Hearing is being held to Consider 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 12.294 acres in the 8206 Block of Davis Blvd. ZC 2012 -05 - A Public Hearing is being held to Consider 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 1.836 acres in the 8200 Block of Davis Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 21, 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, JUNE 25, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 82_0 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Johnson, Russell E 1St "Ix Council Camp Fire Inc B H & L JV of Hurst 7301 Cottonwood Ct 2700 Meacham Blvd 700 W Harwood Rd Ste A North Richland Hills Tx 76182 -7824 Fort Worth Tx 76137 -4601 Hurst Tx 76054 -3357 Bolling, Clyde R 1 Country Place Dr Fort Worth Tx 76192-8925 Gilliland, Johnny Etux Janice 2 Country Place Dr Fort Worth Tx 76182 -8924 Oncor Electric Delivery Co LLC State & Local Tax Dept PO Box 219071 Dallas Tx 75221 -9071 Careathers, Kent 8200 Thornhill Dr North Richland Hills Tx 76182 -8657 Elliott, Kelly Etux Marci 8628 Timber Dr Fort Worth Tx 76182 -8912 Shumate, Peggy P 8612 Timber Dr Fort Worth Tx 76182 -8912 Gavin & Grayson Family Trust PO Box 201085 Arlington Tx 76006 -1085 Woodson, Michai Etvir C 8617 Timber Dr North Richland Hills Tx 76182 -8914 Martin, Roger Etux Peggy 8629 Timber Dr N Richlnd His Tx 76182 -8914 Green, Aaron Y Etux Jennifer E 8209 Thornhill Dr North Richland Hills Tx 76182 -8658 Bokros, Les 8632 Timber Dr Fart Worth Tx 76182 -8912 Showalter, Judith Etvir M 8624 Timber Dr North Richland Hills Tx 76182 -8912 Howerton, Loren Tr Att John Barfield Tr 700 W Harwood Rd Hurst Tx 76054 -3358 Hartman, Joyce Greer 8609 Timber Dr North Richland Hills Tx 761 82 -8914 Osburn, Eleanor 8621 Timber Dr Fort Worth Tx 76182 -8914 Smith, Marla K 8633 Timber Dr North Richland Hills Tx 76182 -8914 Cooper, Michael T Etux V 8245 Thornhill Dr North Richland Hills Tx 76182 -8658 Elliott, Peggy A. 8628 Timber Dr Fort Worth Tx 76182 -8912 J & J Nrh 100 Flp 700 W Harwood Rd Ste A Hurst Tx 76054 -3357 Caughey, Raymond M Etux Marva 8620 Timber Dr North Richland Hills Tx 76182 -8912 Hobaugh, Richard J Sr Etux D PO Box 822241 North Richland Hills Tx 76182 -2241 Harrod, Dave 8625 Timber Dr Fort Worth Tx 76182 -8914 McLain, Chester B Etux Tammy 8213 Thornhill Dr North Richland Hills Tx 76182 -8658 Henry, David L 8201 Thornhill Dr N Richlnd His Tx 76182 -8658 Diaz, Kelli D Etvir Sergio D Current Owner Jurica, Tony Etux Emily 8212 Thornhill Dr 8208 Thornhill Dr 8204 Thornhill Dr N Richlnd His Tx 76182 -8657 N Richlnd Hls Tx 76182 -8657 N Richlnd His Tx 761824657 frum:All Tex Supply PTW 8178312173 06/19/2012 09:28 8980 P.002r003 June 14, 2012 Planning Department -City of North Richland Hills 7301 N. E. Loop 820 North Richland hills, Texas 7618D Re: RP 2012 -03 Dear Planning Department, We, the foI lowing residents of Timber Drive, received notice of the re plat referenced in RP 2012 -03 and per Sec. 212.015 come before you with our written notice of protest as it relates to the provided repiat. We appreciate the apportunity to voice our concerns regarding the impact of this new development on the residents of Timber Drive and continue to urge everyone to consider our feelings as this project moves forward. The repiat with the entrance of the development coming off 5hadywood Lane is certainly a far better . plan, not only with a safety perspective, but also as it relates to the reduction of traffic on Timber Drive. As you are all aware our street is old and narrow and will not accommodate much additional traffic. Having said that, we feel strongly that we deserve to retain our cut de sac at the and of Timber as many of us purchased our homeland because of the rural feel of the street. There is no physica10 r community reason to tie Timber Drive into the new development and lase the cul de sac. We have attended several me.Ptingc that inrlifded P &Z officials, the developer and builder and while they say they hear us, every time a plat is presented it is obvious our concerns are not taken into consideration. Mr. Barfield verbally agreed to a cu de sac during the April 12 meeting and offered to reduce the development by one lot to accommodate his offer. Dustin Austin sat in a meeting on May 12 with several residents and verbally agreed to a cu de sac yet presented the original plan to the May City Council meeting with no cul de sac. We have said a 1 along, build the development but leave Timber Drive alone, which means retaining the cuI de sac. outside of the water flow issues behind our properties, which has been addressed, the one continuing request we have is to not tie our street to Thornbridge West. We come before you with the 20% requirement protesting the replat as presented. Include a cul de sac 0n Timber Drive in a new repiat and you will receive our support. Respectfully, Residents of Timber Drive (signatures an Page 2) Cc: Mayor Trevino - OtOrvnie., ecAy Mike Curtis— Managing Director of Development Services Dustin Austin — Our Country Homes From. All Tex Supply FTY 8178312173 08/19/2012 09:28 RM P.003/003 June 14, 2412. Page 2 Name Address (Slanature Ft, I to - ft - & g T, A— M&P& b-,q1f)O* ?&Q ? 7 tnbe(- b f 1 791 I, kpo V M AN - 0 , ar Ate � 7 �'e�R�- % � a�,»: � .�;�s«' - 7 7, C J-, 7 ? 4kal ORDINANCE NO. 3199 ZONING CASE ZC 2012 -05 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING THREE TRACTS TOTALLING 1.836 ACRES OF PROPERTY FROM 0-1 (OFFICE) AND R- 3 (SINGLE FAMILY RESIDENTIAL) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning three tracts totaling 1.836 acres of land located in the Stephen Richardson Survey, Abstract No. 1266, City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from 0-1 (Office) and R -3 (Single Family Residential) to R -2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U Z IIl19Pvf*xelNBU IZ 1453 PASSED AND APPROVED on this 25th day of June, 2012. CITY OF NORTH RICHLAND HILLS i F -AW U Oscar Trevino, Mayor Patricia Hutson, City Secretary I=1 »:� +1 ►J �I �1_[� to �sl:� i ►� 1 =1'► I �l � xH�1 � y �'�I George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director EXHIBIT A TRACT I BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 266, TARRANT COUNTY, TEXAS. AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D211205966, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT C. HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS; THENCE NORTH 00 DEGREES 40 MINUTES 47 SECONDS EAST 73.06 FEET; THENCE NORTH 61 DEGREES 31 MINUTES 04 SECONDS WEST 173.18 FEET TO THE SOUTHEASTERLY R.O.W. LINE OF DAVIS BOULEVARD; THENCE NORTH 455 DEGREES 19 MINUTES 40 SECONDS. EAST, 12i.55 FEET ALONG SAID R.O.W. TO THE SOUTHEAST INTERSECTION OF DAVIS BOULEVARD AND TIMBER DRIVE; THENCE SOUTH 86 DEGREES 21 MINUTES 51 SECONDS EAST 291.01 FEET; THENCE SOUTH 00 DEGREES 51 MINUTES 23 SECONDS WEST 225.89 FEET TO THE NORTH LINE OF SAID TRACT C, HOLDER SMITHFIELD ESTATES; THENCE NORTH 89 DEGREES 11 MINUTES 22 SECONDS WEST 222.22 FEET ALONG THE NORTH LINE OF SAID TRACT C, HOLDER SMITHFIELD TO THE POINT OF BEGINNING AND CONTAINING 1.541 ACRES OF LAND, MORE OR LESS TRACT II BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO. 1265, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 15, 16 AND 17, HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 454.88 FEET NORTH 60 DEGREES 20 MINUTES 03 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, THORNBRIDGE SOUTH, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT . REGORDEO IN CABINET A. SLIDE 5371, PLAT RECORDS, TARRANT COUNTY, TEXAS, THENCE NORTH 59 DEGREES 58 MINUTES 14 SECONDS WEST 11$.36 FEET; THEME NORTH 77 DEGREES 23 MINUTES 27 SECONDS WEST 133.42 FEET; THENCE SOUTH 88 DEGREES 43 MINUTES 47 SECONDS EAST 233.94 FEAT; THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 83.13 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.169 ACRES OF LAND, MORE OR LESS TRACT III BEING A TRACT OF LAND OUT OF THE STEPHEN RICHARDSON SURVEY, ABSTRACT NO, 1235, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF LOT 16 AND 17, HOLDER SMITHFIELD ESTATES, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -34, PAGE 57, PLAT RECORDS, TARRANT COUNTY, TEXAS; BEGINNING AT THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 454.75 FEET NORTH 60 DEGREES 20 MINUTES 03 SECONDS WEST, 118.36 FEET NORTH 59 DEGREES 58 MINUTES 14' SECONDS WEST AND 133.42 FEET NORTH 77 DEGREES 23 MINUTES 27 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 6, BLOCK 1, THORNBRIDGE SOUTH, AN ADOTRON TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A. SLIDE 5371, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 67 DEGREES 05 MINUTES 46 SECONDS WEST 53.97 FEET; THENCE NORTH 00 DEGREES 49 MINUTES 36 SECONDS EAST 99,72 FEET;. THENCE SOUTH 89 DEGREES 10 MINUTES 24 SECONDS EAST 50.01 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 36 SECONDS WEST 120.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0,126 ACRES OF LAND, MORE OR LESS dYruF I" - jag' IMUN mat mrft%Z k -Mr A or-L— IN e. EXHIBIT B MM" sm" a.-P m 9s F P! i M.' U = i E -4 V- "-z T v % k r m L - m m al h L - ma 20MINC kxalaly ZONED 9-3 t.540 ACRE TRACT zolots - f REQUESTIM; R-Z ^w 0-126 ACRE TRACT 0.069 ACRE TRACT OtT " r" STtPMVlV RICHARDSOLASirfiVitY, ABSTRACT NO. fZ66 CITY OF X&ATR RICKLAND MILIN. rANA"T COUNTY- TMAff THORNPRIJ)CE WEST EXCERPT FROM THE MINUTES OF THE APRIL 19, 2012 PLANNING AND ZONING COMMISSION MEETING 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 Bloch of Davis Blvd. Chairman Shiflet opened the Public Hearing of ZC 2012 -04 and ZC 2012 -05. Clayton Comstock said the purpose of these two requests, 2012 -04 and 2012 -05, for the Thornbridge West development plan are zoning changes for the future development and platting. The zoning change from R -2 Single Family,) -1 Office and C -1 Commercial to U Institutional for a 12.929 -acre park dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike and bit trail through the Bear Creek Corridor, which this park dedication and zoning allows the City to do. A Final Plat dedicating the land as Public Park will follow shortly after the zoning change. Staff recommends approval of this zoning change. Mr. Comstock said the zoning change from R -3 Single Family and) -1 Office to R -2 Single Family on three separate tracts totaling 1.857 acres. The applicant was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three slivers of land are additions to the area developed for Thornbridge West. The northernmost 1.541 acres is currently zoned R -3. The R -2 zoning would be consistent with the rest of the Thornbridge West development. The southernmost pieces 0.137 acre and 0.179 acre are currently zoned 0 -1 and were previously planned as part of the applicant's park dedication. The application as adjusted their boundary of the park dedication, thus requiring the zoning approval for residential use. The applicant will be following the zoning request with a Final IReplat for 30 residential lots, two small common area lots (for emergency access and entry features) and a 12.205 acre Public Park dedication on a total of 25 acres. Staff recommends approval of this zoning change. Don Bowen asked if the portion marked Institutional will be deeded to the City and included as Public Park Land. Clayton Comstock said yes, it will be a dedicated iPublic Park and completed on the Final Plat. It will also include a trail connection which will be a great addition to the City's trial system. Dustin Austin, 0505 Rock Springs Drive, NRH came forward acting as the developer and partner for the zoning requests and additions. Chairman Shiflet asked if anyone wished to speak for or against the zoning changes. Seeing none he closed the Public Hearing and entertained a motion. Steven Cooper motioned to approve ZC 2012 -05. The motion was seconded by Don Bowen and passed unanimously (5 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. C.3 RP 2012 -03 Public Hearing and Consideration of a Replat with development agreement 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. (Continued from the May 14, 2012 Council Meeting) Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: B.H. & L. Joint Venture is requesting a replat of 24.964 acres at Timber Drive and Davis Boulevard for the development of Thornbridge West. Also included in the request is a Developer's Agreement for the 38 lot R -2 single family residential subdivision. Half the acreage is Lot 9, Block 3, a dedication of the Little Bear Creek Corridor property to the City for public use. This replat is being brought back with direction from City Council and with approval of the developer to align the development's main entry along Davis Boulevard with Shadywood Drive to accommodate a fully- signalized intersection with hike - and -bike trail crossing. Under this scenario, Timber Drive would be left open to the new Thornbridge West subdivision and would be converted to a right-in/right-out at Davis Boulevard. There are three agenda items that are all part of one development: this agenda item (RP 2012 -03) and two zoning requests (ZC 2012 -04 and ZC 2012 -05). Staff would recommend that the public hearing for all three agenda items be held simultaneously since there are some issues that are generally plat related but could have a significant impact on the property and how the property should be zoned. The replat indicates that Timber Drive would connect to the new development to the south. Not shown on the plat but part of the developers agreement included, the intersection at Timber Drive and Davis Boulevard would also be improved to a limited right -in- right -out. The Developer had discussed the revisions with a few residents on Timber Drive and initially received support, but on June 19 staff received a petition letter representing nine residential properties on Timber Drive (attached). The letter specifically opposes the Replat case (RP 2012 -03). Based on the petition the primary point of opposition remains the connection of Timber Drive to the new Thornbridge West development. The residents of Timber Drive would like to see their street remain as a dead -end street. The revised development plan provides direct and easy access for Timber Drive to a new signalized intersection at Shadywood Lane and it also specifies that the existing Timber /Davis intersection be reconstructed as a "right -in /right- out." Staff believes these two changes would not significantly (if at all) increase traffic counts down Timber Drive. The positive with the current development plan is that it balances the residential traffic on both the existing Timber Drive and the proposed Clear Spring Court. The residents on Timber Drive do not necessarily need to use Clear Spring Court to access the proposed traffic signal at Davis and Shadywood as the plan is currently proposed. Basically the residents on each street will most likely use their own street to access the signal light. One point mentioned in the petition that Staff wants to bring to Council's attention is that the `20% requirement protesting the replat" that the letter refers to is regarding the provision in Section 212.015 of Texas Local Government Code that requires a three - fourths affirmative vote of the governing body to approve a residential replat where 20% or more of the land -area within 200 feet of the subject property is in opposition. However, this is only applicable if a variance is being requested. No variances are being requested in this case, so the three - fourths provision (or "super majority ") does not apply. The petition also indicates that the safety concerns have been addressed with the new plan. Those that signed the petition are basically indicating that they prefer a cul -de -sac. Since the City has required the Developer to go back and address all of the safety concerns and in doing so has placed additional costs on the overall Development, Staff is not sure that the Developer would be in agreement to voluntarily replace the existing cul -de -sac. The Developer would need to remove two proposed lots from the current plan in order to replace the existing cul -de -sac currently located on private property. The Developer considered a "hammer head" type turn around previously that would require one additional lot to be removed but again that was before he had the additional costs required to align the new street with the existing Shadywood. Staff believes that the proposed plan is mutually beneficial to the City, the new portion of Thornbridge West, and the existing residents on Timber Drive. BACKGROUND: The R -2 zoning for Thornbridge West was originally approved in late 2006 (ZC 2006 -03), along with a Preliminary Plat for 34 lots (PP 2005 -01). This May (May 14, 2012), the developer brought a Replat to City Council which allowed for primary access off of Timber Drive approximately 110 feet east of Davis Boulevard. An emergency vehicle access easement on Davis Boulevard was also provided approximately 250 feet south of the Timber Drive intersection. Following concerns addressed by property owners on Timber Drive, the City Council postponed this case at the developer's request in order to revise the plat to create a direct crossing on Davis at Shadywood and to address concerns from residents on Timber Drive. Fallowing discussion with staff, the new plat configuration includes a fully signalized vehicle and trail crossing with the extension of Shadywood Drive and also includes a right in and right out access for Timber at Davis Boulevard. To accommodate these modifications, revised areas are also being considered by City Council for R -2 rezoning (ZC 2012 -05), and "U" Institutional zoning (ZC 2012 -04). CURRENT ZONING Family Residential component of the component. The existing C -1 is 'being revised to development and U Commercial, 0-1 all R -2 Single Institutional for Office, R -2 and R -3 Single Family for the residential the public use dedication THOROUGHFARE PLAN: The lots will have direct access to Davis Boulevard with the extension of Shadywood Lane. Timber Drive will be modified for a right in and right out only access with Davis Boulevard. ROUGH PROPORTIONALITY DETERMINATION: The public improvements necessary for the Subdivision include the installation of water, sanitary sewer, drainage, paving and traffic signal facilities. The construction of these public infrastructure items is required for the development of the Subdivision as proposed by the developer. Therefore, the developer will be required to assume 100% of the amount required for the water, sanitary sewer, drainage and paving public infrastructure improvements indicated on the final approved public infrastructure construction plans for the Subdivision except as specified otherwise noted. With regard to the drainage improvements to Stream LB -2 and signal improvements at the intersection of Shadywood Lane and Davis Boulevard, the City will be responsible for 100% of the cost of such public infrastructure improvements as it has been determined that the need for these drainage and signal improvements are attributable to existing local traffic and the future construction of the Little Bear Creek Trail. DEVELOPMENT AGREEMENT: A development agreement is being included with final approval of this plat by City Council for the city's portion of the public improvements for appropriate drainage and signal lights to allow for a safe and direct vehicle and pedestrian trail crossing at the intersection of Davis Boulevard and Shadywood Lane. The development agreement caps the City's financial responsibility at $200,000 for the construction of these improvements. Any funding necessary above this amount will be the responsibility of the developer. COMPREHENSIVE PLAN: The Comprehensive Plan depicts Low Density Residential uses for this area. PLANNING & ZONING COMMISSION RECOMMENDATION: At the time of this staff report the Planning & Zoning Commission had not yet met on Thursday, June 21, 2012. Staff will have an update for City Council regarding the public hearing and recommendation from the P &Z Commission. STAFF RECOMMENDATION: Staff believes that the proposed revisions are mutually beneficial to the City, the Developer, and the existing residents on Timber Drive. It provides a significant dedication of public space for the installation of a missing link to the hike- and -bike trail network. It improves the marketability of the development by having direct access to a signalized intersection at Davis Boulevard. Most importantly, it creates a safer stretch of Davis Boulevard by limiting left -turn movements for southbound traffic from Timber Drive and providing a fully signalized intersection for both new and existing residents. As such, staff recommends approval of RP 2012-03 with development agreement. LOCATION MAP AERIAL PHOTO ORIGINAL PROPERTY OWNER 'NOTIFICATION ' >>UPDATED< << 000 � - 7 �� NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS ` X PLANNING AND ZONING COMMISSION �f TEx• AND CITY COUNCIL Case #: RP 2012- 03 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd 1 You are receiving this notice because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map. 1 I I I II I I I I III I I I I 1 111 111111 11 I I I II I I 1 11 I III 11 I I II I I I I I I THIS UPDATED NOTICE AFFECTS ONLY THE PUBLIC HEARING FOR THE REPLAT, THE TWO ZONING CHAGES ARE STILL ON THE APRIL 19, 2012 PLANNING AND ZONING AGENDA. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from B. H. L. Joint Venture for a Replat to create Thombridge Vilest, being a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survey, Abstract No. 1266; located on 24.964 acres in the 8200 Block of Davis Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZbNING COMMISSION THURSDAY, MAY 3, 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. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820, NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 UPDATED PROPERTY OWNER NOTIFICATION ? u ��I NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION re AND CITY COUNCIL Case #: RP 2012- 03 Applicant: B. H. L. Joint Venture Location: 8200 Block of Davis Blvd You are receiving this notice because you are a property owner of record in the original subdivision within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from B. H. L. Joint Venture for a Replat to create Thornbridge West, being a revision of a portion of Holder Smithfield Estates and a tract of land out of the Stephen Richardson Survey, Abstract No. 1268, located on 24.964 acres in the 8200 Block of Davis Blvd. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, JUNE 21, 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, JUNE 25, 2012 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS Sec. 212.015. of Texas Local Government Code ADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS {c} If the proposed replat requires a variance and is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at UPDATED PROPERTY OWNER NOTIFICATION, CONT. least three - fourths of the members present of the municipal planning commission or governing body, or troth. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. If you have any questions or wish to submit a petition or letter concerning the above request, please contact; Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Elliott, Deily Etux Marci 8528 Timber Dr Fort Worth Tx 76182 -8912 Bokros, Les 8632 Timber Dr Fort Worth Tx 76182 -8912 Elliott, Peggy A 8628 Timber Dr Fort Worth Tx 75182 -8912 Shumate, Peggy P 8612 Timber Dr Fort Worth Tx 76182 -8912 Gavin & Grayson Family Trust PO Box 241085 Arlington Tx 76405 -1085 Woodson, Michai Etvir C 8617 Timber Dr North Richland Hills Tx 76182 -8914 Martin, Roger Etux Peggy 8629 Timber Dr N Richlnd Hls Tx 76182 -8914 Showalter, Judith Etvir M 8624 Timber Dr North Richland Hills Tx 76182 -8912 Howerton, Loren Tr Att John Barfield Tr 700 W Harwood Rd Hurst Tx 76054 -3358 Hartman, Joyce Greer 8609 Timber Dr North Richland Hills Tx 76182 -8914 Osburn, Eleanor 8621 Timber Dr Fort Worth Tx 76182 -8914 J&JNrh100F1p 700 W Harwood Rd Ste A Hurst Tx 75054 -3357 Caughey, Raymond M Etux Marva 8624 Timber Dr North Richland Hills Tx 76182 -8912 Hobaugh, Richard J Sr Etux D PO Box 822241 North Richland Hills Tx 76182 -2241 Harrod, Dave 8525 Timber Dr Fart Worth Tx 76182-8914 Smith, Marla K 8533 Timber Dr North Richland Hills Tx 76182 -8914 Frum:All Tex Supply PTW 8178312173 06/19/2012 09:28 8980 P.002AD3 June 14, 2012 Planning Department - City of North Richland Hills 7301 N. E. Loop 820 North Richland Hills, Texas 76180 Re: RP 2012 -03 Dear Planning Department, 6 We, the fol lowing residents of Timber Drive, received notice of the replat referenced in RP 2012 -03 and per Sec. 212.015 come before you with our written notice of protest as it relates to the provided replat. We appreciate the opportunity to voice our concerns regarding the impact of this new development on the residents of Timber Drive and continue to urge. everyone to consider our feelings as this project moves forwa rd. The replat with the entrance of the development coming off 5hadywood Lane is certainly a far better plan, not enly with a safety perspective, but also as it relates to the reduction of traffic on Timber Drive. As you are all aware our street is old and narrow and will not accommodate much additional traffic. Having said that, we feel stro ngly that we deserve to retain our cul de sac at the end of timber as many of us purchased our homefland because of the rural feel of the street. There is no physical or community reason to tie Timber Drive into the new development and lose the cul de sac. we have attended several meetings that included P &Z officials, the developer and builder and while they say they hear us, every time a plat is presented it is obvious our concerns are not taken into consideration. Mr. Barfield verbally agreed to a cu de sac during the April 12 meeting and offered to reduce the development by one lot to accommodate his offer. Dustin Austin sat in a meeting on May 12 with several residents and verbally agreed to a cul de sac yet presented the original plan to the May City Council meeting with no cul de sac. We have said all along, build the development but leave Timber Drive alone, which means retaining the cul de sac. Outside of the water flow issues behind our properties, which has been addressed, the one continuing request we have is to not tie our street to Thornbridge West. We come before you with the 20% requirement protesting the replat as presented. Include a cul de sac en Timber Drive in a new replat and you will receive our support. Respectfully, Residents of Timber Drive (signatures on Page 2) Cc: Mayor Trevino - ? I$zFrena(, ­PV Mike Curtis —Managing Director of Development Services Dustin Austin — Our Country Homes From. All Tex Supply FTY 8178312173 08/19/2012 09:28 RM P.003/003 June 14, 2412. Page 2 Name Address (Slanature Ft, I to - ft - & g T, A— M&P& b-,q1f)O* ?&Q ? 7 tnbe(- b f 1 791 I, kpo V M AN - 0 , ar Ate � 7 �'e�R�- % � a�,»: � .�;�s«' - 7 7, C J-, 7 ? 4kal REPLAT EXHIBIT THORNBRIDGE WEST CITY /DEVELOPER AGREEMENT The parties to this agreement are the City of North Richland Hills ("City ") and John Barfield ("Developer"). This agreement is to document the obligation of both the CITY and the Developer to pay the cost of municipal infrastructure improvements to the proposed development known or to be known as Thornbridge West: Lots 1 -6 and Common Area Lot A, Block 1; Lots 1 -16, Block 2; Lots 1 -16, Block 3, North Richland Hills, Tarrant County, Texas, and to document the Agreement of the parties as to how City's obligation will be met. WITNESSETH THAT: WHEREAS, The Developer plans to develop a 38 lot subdivision with one common area known as Thornbridge West; and, WHEREAS, both the City and the Developer see a safety benefit in connecting the new road in Thornbridge West named Shadywood Drive to Davis Boulevard at the intersection of the existing portion of Shadywood Drive. The Developer believes this connection will provide safer egress and ingress to Davis Boulevard from the new subdivision. The City believes the connection at this location will provide a safer crossing of the Little Bear Creek Trail at this connection since it will minimize the number of streets that must be crossed by users of the trail and the crossing at Davis Boulevard will be at a signalized intersection; and, WHEREAS, both the City and the Developer agree under required rough proportionality requirements that the Developer will be required to assume 100% of the amount required for the water, sanitary sewer, drainage and paving public infrastructure improvements indicated on the final approved public infrastructure construction plans for the Subdivision to City and State standards and any cost of drainage and signal improvements exceeding $246,666 to locate the Little Bear Creek Trail crossing at the intersection of Shadywood Lane and Davis Boulevard attributable to existing local traffic and the future construction of the Little Bear Creek Trail. NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is agreed as follows: 1. The parties agree that the Developer will design and construct the improvements necessary to connect the new section of Shadywood Drive located in Thornbridge West to the existing Shadywood Drive located at the signalized intersection on Davis Boulevard. These improvements will be designed and constructed to City and State standards and approved by both agencies. 2. Developer agrees to pay all costs up front for the improvements necessary to make the connection of Shadywood Drive. 3. City agrees to pay 100% of the cost for the signal light improvements and drainage improvements necessary to allow the Little Bear Creek Trail to cross at this intersection but not to exceed $200,000. The City will pay the Developer in full after the project is complete and accepted by the City. 4. Developer agrees to pay any costs exceeding $200,0070 for the signal light improvements and drainage improvements necessary to allow the Little Bear Creek Trail to cross at this intersection. Signed this the day of June, 2012. [elk Was] A ► 001:4 9: U Is]: I W -1' Ili: 114 % � City's Mailing Address: 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Mark Hlindman, City 'Manager APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney 11 Ar1=1 119W =1 1 John Barfield, Developer Developer's Mailing Address: 700 Harwood Road Hurst, Texas 76054 P_[41 : 1►191 1 , 7 144 Bic] �I14►kI STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by Mark Hindman, Citv Manaaer of the City of North Richland Hills, Texas, who acknowledged to me that he executed the same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. Notary Public F:T01 :1s1611 4 * ►1 1 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this date by John Barfield, who acknowledged to me that he executed the same for the purposes and consideration therein expressed. Notary Public EXCERPT FROM THE MINUTES OF THE MAY 3, 20'12 PLANNING AND ZONING COMMISSION MEETING 4. RP 2012 -03 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. Clayton Comstock came forward stating B.H. & L. Joint Venture is requesting a replat of 24.964 acres at Timber Drive and Davis Boulevard for the development of Thornbridge West, a 36 lot R -2 zoned single family residential subdivision. Half of the acreage (12.205) is Lot 8, Block 1, which is mostly within the Little Bear Creek Corridor and will be dedicated to the City as public park. The site data for the development is 24.964 acres, 36 residential lots, which equates to 1.44 dwelling units per acre density. The zoning is R -2, but as you recall at the last 'P &Z meeting there were some zoning change requests to R -2 and U — 'Institutional which are going before the City Council on May 14, 2012. There are portions of this property that are still zoned 0-1, C -1 and R -2, R -3, but the proposed zoning will be R -2 and U- Institutional. The open space is about 12.2 acres, which is about 49% of the entire development. There is a public park that will be dedicated for trails and use of the Little Bear Creek Corridor. Once the 12 acres of park area is removed from the calculation, then the net density is about 2.82 dwelling units per acre for the developable land. This subdivision is consistent with the R -2 zoning and the preliminary plat that was previously approved in 2006 and Staff recommends approval. Chairman Shiflet asked if Timber Drive was currently unimproved. Clayton Comstock said yes, there is about 18 feet of asphalt pavement that is borrow - ditch on either side. Chairman Shiflet asked what is the applicant being required to do on Timber Drive? Clayton Comstock said on the portions of Timber Drive that are abutting their development, they will be improving. Along Sandy Drive on the north side, they will be required to improve that small section of Timber Drive. They will also be installing the terminus of Timber Drive on the south side where it intersects with Clear Spring Drive. Chairman Shiflet asked if the rough proportionality be resolved with these improvements. Caroline Waggoner said they will be reconstructing half of Timber Drive where it meets Davis Boulevard, not a full width reconstruct. Because of the number of homes they will be installing and the amount of infrastructure in consideration of the homes and street, the rough proportionality they are responsible for is just the entire roadway they need for their subdivision. We cannot make them reconstruct Timber Drive as it is beyond their proportionate share. Bill Schopper said since it is abutting residential will there be rear wood fences for the separation? Clayton Comstock said there is no requirement for fences in the R -2 zoning but the applicant will address what type of development fences they will have. Dustin Austin, 6505 Rock Springs, IVRH, came forward as the applicant. He said we are proposing on the south that backs up the park to install rod iron. Adjacent around the surrounding houses on Timber Drive, we would be considering a 6 or 8 foot spruce fence. It has not been determined but we are open at this point. Chairman Shiflet opened the Public Hearing and asked anyone wishing to speak to come forward. Kelly Elliott, 8628 Timber Drive, carne forward stating safety concerns because there are no plans to prohibit traffic from moving up and down this 18 foot wide street. He feels it is a tremendous safety concern for all the residents on Timber. He questions why we would do a development and tie that in, but not make it like the rest of the streets. It seems inconsistent with proper development. He asked why a development couldn't be done that maintained Timber Drive as a cul -de -sac given that it was 18 foot wide. He asked what the function of making it a through street and why it is a requirement. Roger Martin, 8629 Timber Drive, came forward stating they are residents of 40 years. This street has always remained an unimproved street. Because it varies from 16 -18 feet in width, you really can't pass two cars safely side by side. We saw this during the construction of the pipeline construction. Many of the garbage, buses and other utility trucks have problems coming up and down the street with traffic. At the curve we always have to be careful to not hit each other. We would like to see Timber Drive remain a cul -de -sac to avoid further safety concerns. Chairman Shiflet asked for clarification if 250 foot to the full width of the street as opposed to the 16 or 18 foot. Caroline Waggoner said it will not be improved to the full width; we are not going a full 30 foot wide. They are constructing half of the street so I believe they are putting 15 foot of new pavement to complete the southern half of Timber. We will have at least 24 feet at Timber where it meets Davis. Most of our unimproved streets are roughly 18 feet: Shady Grove, Eden, Clay Hibbins, and Meadow just to name a few. Clay Woodson, 8617 Timber Drive, came forward saying the whole reason he moved here 7 years ago because it was a dead end street. I am a coach and have children at my house often who run up and down the street often and I have safety concerns and asked for the cul -de -sac to remain. Raymond Caughey, 8620 Timber Drive, came forward stating he and his wife have lived there for over 21 years and chose this location because it was a dead end cul -de -sac. He has concerns of safety and burglaries. We object to the extension of Timber Drive at the south end in connection to the new construction. It will provide another route for the new subdivision and they will take Timber Drive which will have more traffic concerns and congestion. He said Mr. Barfield has offered to build a cul -de -sac at his expense, no cost to the City and separate our residential area from the new construction. We wish the City would allow him to do that and keep us separated from the new development. Marva Caughey, 8620 Timber Drive, came forward stating there are several other subdivisions within a few miles of Timber Drive: Liberty Estates, La Fontaine and others who have a single entrance in and out. We have been told by the City Staff that the City does not want any cul -de -sacs or any additions, they want open communities. The new residents and other developments have been given the freedom of choice to live on a cul -de -sac. We the residents of Timber Drive had that choice and made that choice and now if you approve the plat that eliminates our cul -de -sac are not right, it is discrimination. Chairman Shiflet addressed Mrs.Caughy's statement that our decision or recommendation would be discrimination and doesn't appreciate that. Judy Showalter, 8624 Timber Drive, came forward saying they appreciate the Commission listening to them and wants them to understand where they are coming from. As strongly as Mr. Pitstick feels about this plat, we feel as strongly that is not the right plat for everybody involved. We have three children and it took over a year to find land to build on. We found the perfect place here on Timber Drive with all we were looking for. We enjoy NRH with the mix of old and new houses. We are not against this development; we just do not want the cul -de -sac tied in. We have concerns with safety, we are there and have been established and feel that more consideration is being given to the new residents than our concerns. John Pitstick came forward stating he did meet with the homeowners several times prior to this hearing. He sincerely apologized for anything the citizens took the wrong way, but this is a Public Hearing and we need to listen to all their concerns. Certainly more than 20/0 of the residents on Timber are against it so it would require an override vote by City Council. Staff felt that tying in Timber Drive the way it is will be a nice clean subdivision. The citizens have been very professional and certainly have the right to go to City Council to explain their concerns. The Planning and Zoning Commission can certainly recommend putting a cul -de -sac on the end and the City Council can certainly require it. Staff supports the existing arrangement but would support closing Timber Drive off during the construction if necessary. Don Bowen asked if there would be access to the park from the south end cul -de -sac. John Pitstick said yes there would. Don Bowen asked if the cull-de -sac were put in would it be a concern for police and fire departments to have access at the southern end. John Pitstick explained there is another emergency entrance at the other end. There was a general discussion about the ingress and egress exits and safety concerns and how Timber Drive can be separated with a barricade but also able to have access to the parks. Clay Woodson, 8617 Timber Drive came forward with comments about the trail system. Kelly Elliott, 8628 Timber Drive came forward with comments about a workable solution to the cul -de -sac stating Mr. Barfield offered to turn Lot 23 into an offset cul -de -sac. We want to still be part of the new community but would like to maintain our lifestyle. There was a lengthy discussion between the Commission and residents about how to come to a solution with the concerns of the citizens on Timber Drive. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. ►,1 :1=191 ►1=11 Don Bowen moved to approve PR 2012 -03, with the cul -de -sac at the end of Timber Drive, to be defined by City Staff in cooperation with the neighborhood, so the new development is not connected by a through street. Mark Haynes seconded the motion. The motion passed unanimously (5 -0). Chairman Shiflet asked the applicant to come forward to hear their thoughts on Lot 23 to be turned into cul -de -sac. Dustin Austin came forward saying we are in favor of that if that satisfies the needs. There was more discussion about the development of the cul -de -sac and how the improvements would be made. There was discussion about a hammer head at the end of the street, emergency egress and how Staff will work on the details of this improvement. Chairman Shiflet addressed John Barfield saying that a long time ago he saw the benefit to Little Bear Creek Corridor and thanked him for his generous support. John Barfield said he appreciates the Commission working with the citizens because he is in favor of their concerns. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. E.0 PUBLIC WORKS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. E.1 PW 2012 -017 Approve an amendment to the engineering agreement for the Boulevard 26 Intersection Improvements project with Schrickel, Rollins and Associates, Inc. (SRA) in amount not to exceed $67,750 Presenter: Mike Curtis, Managing Director Summarv: The Council is being requested to consider an amendment to the engineering agreement for the Boulevard 26 Intersection Improvements project with Schrickel, Rollins and Associates, Inc. (SRA) in amount not to exceed $67,750. General Description: As Council is aware, staff has been working on the Boulevard 26 Intersections project since 2006. The Boulevard 26 Oversight Committee approved the conceptual design for the intersections at Rufe Snow Drive and Glenview Drive, both along Boulevard 26. The original engineering agreement with SRA directed the consultant to develop design specifications and plans based on the conceptual plans that were approved by the Oversight Committee. Because many of the concepts were not typical roadway design elements, staff encountered challenges in getting TxDOT approval. After many years of going back and forth with TxDOT, the Boulevard 26 Oversight Committee agreed to remove and revise those design elements that were not absolutely necessary in order to achieve the original objectives of the project. Those objectives are: ■ Find a way to bring new people to the Grapevine Highway Corridor ■ Rejuvenate the area ■ Improve the neighborhood for residents currently diving in the area After several meetings with TxDOT, staff and SRA now have the new project scope identified. The consultant will need to rework several portions of the project. The recent meetings between staff and TxDOT have also identified work that TxDOT will require that was not part of the original scope with SRA. The amendment being presented to Council reflects those additions and changes. The proposed amendment is for a total amount not to exceed $67,750. The amendment is divided into the 6 sections listed below: Task 1 Graphic Plan of Project Area ............. ............................... $750 Task 2 Plans and Specifications ................... ............................... $47,000 Task 3 Construction Administration ............... ............................... No Change to Original Contract Task 4 Reimbursable Expenses (Allowance) ............................... $2,500 Task 5 Optional additional surveying and drainage analysis if required by TxDOT ............................ $15,000 Task 6 Optional design work if TxDOT requires the existing traffic signals to be rewired and brought up to current electrical codes .....................$3,500 A description of each of the 6 sections is provided in the attached amendment from SRA. For Council's information, the original engineering agreement amount with SRA was $127,000. It is unfortunate that so much of the work must be redone, but because of the number of pre - submittal meetings that staff has had with TxDOT since the change in scope we are hopeful that the review time will be much shorter than their typical review process duration. Recommendation: To approve the agreement for the Boulevard 26 Intersection Improvements project with Schrickel, Rollins and Associates, Inc. for an amount not to exceed $67,750. 04REW Schrickel, Rollins and Associates, Inc. W.AE &WM Landscape Architecture a Civil Engineering a Planning Victor W. Baxter, RLA Joseph E. Bradley, OF D. Bryant Caswell, PE Kristi K. Chavanla TertyT. Chcek, LA Fmerilus tr1y �t June 18 , 2 01 L 17elben. W. Hirst, RLA Sanford P La Hue, Jr, PE Reterl M, (key, PE Henry L. Parker, RLA Jeff S, PUSWS, Jr„ K A P .E. Mr. M ike ke Curtis, f Christian r, PE - T idwe l l, Janna L. Tidwell, RLA Director of Public Works James R, Williams, RLA City of north Richland Hills Crig "Rla Clint ho 7301 N.E. Loop 820 North Richland Hills, Texas 76180 Kent t aeR Roll RtA rzi'coun n5 Albert W. RolMins, PE of courrse7 Gene Schrckel 11927 -20051 RE: Proposal for Additional Professional Services Blvd, 26 Intersection Improvements Dear Mr. Curtis Schrickel, Rollins and Associates, Inc. (hereinafter, SRA) is pleased to present this Proposal for Additional Professional Services to the City of North Richland Hills (hereinafter, CITY) for Professional Services for revising the plans and specifications for the Rufe Snow Intersection and the Glenview Drive Intersection as agreed to by TxDOT and the CITY. SRA shall perform the following Professional Services: Task 1 — Graphic Plan of Prmiect Area • SRA will prepare a graphic plan of the project area that illustrates the area to be redesigned to include only landscape, irrigation, painted crosswalks, new pedestrian signalization, drainage improvements, and pedestrian sidewalk improvements at a scale of approximately 1 "= 1+0(x'. Task 2 — Plans and Specifications SRA will redesign the project area with no improvements to way finding signage, and lighting. New improvements will include: landscape, irrigation, landscape pavers, pedestrian sidewalks and curb ramps, painted crosswalks, drainage improvements, illuminated street signs on the traffic signals, and new paint on the existing traffic signal poles. New signalization will be provided for the pedestrian crosswalks, but existing vehicular s i gn a I i zati o n will be left intact. Existing signals and controls will not be re -wired to meet NEC codes except if authorized as additional services in Task 5. New lighted 4'05 Page 1 of 3 1161 Corporate Drive West, Suite 200 ,Arlington, TX 76006 9 817.6493216 a Metro: 817,640,8212 a Fax: 817.649.7645 s SRADESIGN.CO M. p a tj Lw Mm street name signs and video detection will be added. SRA will attempt to incorporate graphic themes from the Blvd. 26 concepts where possible. • Plans and Specifications will be prepared in TxDOT format. • Review documents will be submitted to TxDOT at 30% and 90% completion. The construction project will be publicly bid and administered by the CITY. Task 3 — Construction Administration. • SRA will provide construction administration services for the project described above per Exhibit B of the existing contract. MISCELLANEOUS SERVICES Additional Services: Additional Services are services that are not specifically included in this scope of services. Said services shall be described and the compensation established and authorized by the CITY in writing prior to SRA performing services. Optional Task 4 — Surveying and Drainage Study beyond the project area In the event that TxDOT requires additional drainage studies and/or improvements beyond current the project limits, such as analyzing and /or upgrading the downstream drainage facilities (i.e. Culverts under drive approaches within TxDOT Right of Way), Engineering services will be charged on an hourly basis and deducted from an allowance established for that purpose. Optional Task 5 — Rewire Existing Traffic Signals. If rewiring of the existing Traffic Signals is required by TxDOT, SRA will add conduit runs, wiring charts and details to the plan sheets to illustrate the rewiring of the existing signals to meet current NEC requirements. Wiring details will be included with the submittals described in Task 2. Reimbursable Expenses: Reimbursable Expenses are in addition to SRA's compensation for Professional Services, and include expenses incurred by SRA in the interest of the project. These include primarily printing/reproduction costs. COMPENSATION Compensation for Professional Services shall be as follows: • Task 1 -- Graphic Plan of Project Area $ 750 4705 Page 2 of 3 VA I PXi • Task 2 — Plans and Specifications $47,000 • Task 3 — Construction Administration as stipulated in original contract Reimbursable Expenses (Ailowance) $ 2,500 • +Optional Task 4 — Surveying and Drainage Study Allowance $15,000 • Optional Task 5 a- Rewire Existing Traffic Signals. $3,500 (if authorized along with Task 2. If authorized at a later date, additional fees may be required for mobilization, and additional submittals and procedures.) We are enthusiastic about this project and ready to begin upon your written notice to proceed. Please acknowledge ynur acceptance of this Proposal as the official and authorized representative of the CITY by your signature and date of authorization below. Sincerely, SCH,RICKEL, ROLLINS AND ASSOCIATES, INC. Victor W. Baxter President Accepted: Mark Hindman Date City Manager 4705 Page 3 of 3 M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. E.2 PW 2012 -019 Revise the 2011/2012 Capital Projects Budget, Approve a Change Order to L.H. Lacy Construction, LTC. in the amount of $182,166.50 and Approve Amendment No. 1 to the lnterlocal Agreement for Construction with the City of Keller on the North Tarrant Parkway Street Improvements Project (ST0201) Presenter: Gregory Van Nieuwenhuize, Assistant Public Works Director Summarv: The City Council is being asked to approve a change order for traffic signal improvements on the North Tarrant Parkway Street Improvements Project. The funding responsibility for this change order will be wholly the responsibility of the City of Keller. Approval of such a change order will also necessitate revising the current Capital Projects Budget and amending the current lnterlocal Agreement for construction between the cities of Keller and North Richland Hills. General Descrir)tion: The North Tarrant Parkway Street Improvements Project (the "Project ") is a joint project with the City of Keller. The Project's limits extend from Whitley Road in Keller to (just west of) Davis Boulevard in North Richland Hills. The Cities of North Richland Hills and Keller initially entered into an lnterlocal Agreement regarding the design of the Project in 2005. Subsequent to this, the two (2) cities entered into an Interlocal Agreement regarding the construction of the Project in 2009. Amongst other items, the lnterlocal agreements indicate that the City of North Richland Hills would be the "lead" City. As the lead City, any grants for funding and contracts associated with this project are in the name of North Richland Hills. Basically, each City's funding responsibility is as follows: • Keller Section: Whitley Road to Keller /North Richland Hills City Limits (west end of the Little Bear Creek Park site) is entirely Keller's responsibility • Joint Section: Keller /North Richland Hills City Limits to Smithfield Road intersection is split 50150 between Keller and North Richland Hills • NRH Section: Smithfield Road intersection to (just west of) Davis Boulevard is entirely North Richland Hills' responsibility Since the Project began, an upcoming residential development in the City of Keller facilitated the extension of Keller - Smithfield Road, a north -south arterial roadway on Keller's Thoroughfare Plan, to intersect with North Tarrant Parkway at approximately 1,800 feet west of the Smithfield Road intersection — within the "Joint Section ". Keller has conducted the appropriate traffic signal warrant study and the study yielded that a traffic signal is warranted at this new intersection. As stated previously, the current Interlocal Agreement for construction indicates that improvements within the "Joint Section" are to be split on a 50/50 basis between Keller and NRH. However, since the need for a traffic signal is solely driven by Keller's new roadway, it would be appropriate for Keller to be responsible for the cost of the traffic signal installation. Although, once installed, the City of North Richland Hills will own, operate and maintain the traffic signal as part of the NRH signal network. While North Richland Hills is not participating in the cost of the traffic signal, Tarrant County has agreed to pay for 50 % of the traffic signal installation, leaving Keller to pay the remaining 50 %. Because the funding for the 2009 Interlocal Agreement for Construction indicates that the "Joint Section" is to be split 50/50 between Keller and NRH, this Interlocal Agreement will also need to be amended to clearly outline the responsibilities concerning this traffic signal. Amendment No. 1 to the Interlocal Agreement for construction has been written and approved by the City Attorneys for both Keller and North Richland Hills. The amendment indicates the following 1 . City of Keller will be responsible for payment to the consulting engineer for the traffic signal design. 2. City of North Richland Hills will review and approve the design plans. 3. Regarding the construction costs of this traffic signal, the City of Keller will pay for 50 % of the cost and Tarrant County will pay for the remaining 50 % of the cost. 4. City of North Richland Hills will inspect and approve the construction of the traffic signal. 5. City of North Richland Hills will own, operate, and maintain the traffic signal installation once it is complete and accepted by North Richland Hills. 6. The signal will remain in operation until such time as the City of North Richland Hills and the City of Keller both agree to remove the traffic signal. The Change Order necessary for the construction of this traffic signal will not impact the effective contract time for the project with regard to liquidated damages, and will be treated as an independent event with regard to project time. The contractor estimates that it will take a total of 165 calendar days to complete the installation of the traffic signal but zero (0) days are being added to the contract time. Currently the contractor is several months past the contract completion time and liquidated damages are accumulating and will not stop until everything is complete on the project except the traffic signal now being added at the request of Keller. The contractor (L.H. Lacy Construction, LTD.) provided a price of $182,166.50 to the City of Keller for this new Keller - Smithfield traffic signal. On May 15, 2012, the Keller City Council approved expending $182,166.50 with a recommendation to the City of North Richland Hills to approve the corresponding change order. While the cost of the change order will be wholly the responsibility of the City of Keller in accordance with Amendment No. 1 to the Interlocal Agreement for construction, a Budget Revision is necessary because North Richland Hills will need to make the initial payments to L.H. Lacy Construction and then request reimbursement from the City of Keller. Therefore, the end result is that there will not be an impact to the City of North Richland Hills' FY 201112012 Capital Projects Budget. Recommendation: Revise the 2011/2012 Capital Projects Budget, Approve a Change Order to L.H. Lacy Construction, LTD. in the amount of $182,166.50 and Approve Amendment No. 1 to the Interlocal Agreement for Construction with the City of Keller on the North Tarrant Parkway Street Improvements Project (ST0201) 0 JUI OG SURdlrd M"S CIP S.- INTP -Dwms [*Whitley M d N. Tarrant Pkwy Street Imp. (Davis Blvd to Whitley ) MJ1*JJk ss= _., NRH Sectian N. Tarrant Pkwy Street Imp. (Davis Blvd to Whitley Rd) t 91 7-w RICHLAND HILLS NORTH Scale, 1 "m 4OW Project Locator Mafia , New Roadway constructed 2012 � I r RKWAY �. `�' Ci J\ M h PSG. y r x 0� LLJ O jv, LL l _ O e + A . is- 1 Existing signalized intersection Smithfield Rd. @ North Tarrant SHADY GROVE ROAD tic LL W J t w " " i � y Street & Sidewalk Capital Projects North Tarrant Pkwy, Street Imp. (Davis to Whitley Rd) ST0201 PROJECT DESCRIPTION & JUSTIFICATION This project is for the widening and reconstruction of 20,000 feet of roadway. The design estimate is based on 10" of reinforced concrete pavement over lime - stabilized subgrade. Also included is irrigation, pavers. beams. trees, shrubs and street lighting. The NRH section will be constructed to NRH standards, and the Keller section to Keller standards. An interlocal agreement has been approved with the City of Keller to include the additional section located in the City of Keller. Traffic volumes and congestion have increased In the northern part of the City over the past few years. Widening North Tarrant Parkway will reduce the traffic congestion and provide additional capacity for the growth expected in NE Tarrant County. Total Project Costs: The "Other" expenditures in 2011 -2012 represents bond funds sold for the project prior to award of the construction contract. These funds will cover unexpected utility relocations and/or construction costs. The "Federal /State Grants" is Tarrant County funds. The "Other" is the Keller share. $1,600,000 in General Obligation Bonds is from the 1994 Bond Program. $3,860,000 is from the 2003 Bond Program and the Reserves are project savings. PROJECT STATUS ORIGINAL 2011112 START DATE REVISION ORIGINAL 2011112 END DATE REVISION Professional Services Engineering LandIROW Acquisi ion Construction Other NA'Y6'7T*]Z111114212A11 ! 0912002 11/2005 0512009 03/2010 0812005 10/2009 1112009 0212012 Keller desires the installation of traffic signals at a new street (Keller- Smithfield Road) in their city that intersects with North Tarrant Parkway. While Keller and /or Tarrant County will wholly reimburse NRH for the cost of installing these traffic signals, NRH. as the lead city on this project. will need to initially make payments to the contractor when such payments are due. FINANCIAL DATA ADOPTED REVISED TOTAL BUDGET THRU PROJECT BUDGETTHRU REMAINING PROJECT 2011112 REVISION 2011!12 BALANCE CAST FUNDING SOURCES General Obligation Bonds $5,460,000 S5,460,000 $5,460,000 Certificates of Obligation 500.000 500,000 $500,000 Federal /State Grants 9,750,000 9 „750,000 $9,750,000 Reserves 47,150 47,150 $47,150 Other 2,500,000 182,167 2,682,167 $2,682,167 Total $18,257,1501 $18,439,317 $0 $18.439,317 $182,1671 PROJECT EXPENDITURES I Professional Services $0 $0 $0 $0 EngineeringlDesign 1,699,550 177,632 1,877,282 $1,877,282 LandlROW Acqulstion 70,000 (132) 69,868 $69,668 Construction 15,000,000 182,167 15,182,167 $15,182,1+67 Other 1 „487,500 - 177500 1,310,000 $1,310,000 Total $18,257,1501 $18,439,317 $0 $18,439,317 $182,1671 IMPACT ON OPERATING BUDGET No additional impact is projected with this project (ANNUAL OPERATING IMPACT 2011112 2012113 2013114 2014/2015 2015i2016 TOTAL I Projected $01 EXHIBIT "A" CHANGE ORDER REQUEST V Lacy Lam: Canpary, '_i.C. G4tnat4 Psrtne= _. w. s.oa.. � *. *max• au • �+4 xre�r. GATE: JOE! Y: 612Dl20" 2 9286 ATTN: Carofirm A4�tlonir;-.E. TO Clty of North Rich Iand Hillis RE: %- Ta"nt PK^� PA I 730'. NE Lapp $29. LOCATION_. North Rkl+7ane North RkManp MiIn, Taxaa 76130 LHL111 50 0A"wAp~*: (11 71 427-64H 01 64 PAGE A! (117) 427 PaK:. 7HTr=NT Or C"We1G�E. Cf rys/, YaHsr-7, pAPFJC RIDR7W LNT PAFIKWAYRT rELiE;4.5,L(1T#lHE`LC1 TEM - - OR IG I kEv. ORIG. LAjT' REV. UN]T TOTAL ADDITIMAL NO DESCRIFi1110N UNITS OTY. iy PRIGF PRIGf COST CAL DAYS { 13c- DR ILLEDSHAFTFORTHE7RAFFICSIGNALA' aFOUNDATION LF 11.94 2 Alt" DRILLED 5MAPI FOR THE TRA"IC5*NAL POLE FOLIN7ATION LF 44.00 24t.50 f 1G. 526.00 3 RE MOVE R DAD ' WAV' LtU .MINATi4R ASS E4!8LY AND FOUNDATION EA 1.00 47253 5 172.50 a 7` PVC CONDUIT �SCHD 401 7REFICHED, COMPLETE IN PLACE LF 70.00 929 9 _ woc S r PVC CONDUIT (SCHD 4017RENCWED, COMPLETE IN PLACE LF 275.04 13.35 $ ZW.25 5 3' PVC CONDUIIT (SCHD 401 BORED, COMPLETE IN PLACE LF ! 220.01 1 S.AA 1 4.748.00 7 4- PVC CONDUIT (SC HD 40) WAE®, COMKIT'E IN PLACE LF 145.!01 20.70 i 3'00t.50 -- i B' N0.6 El ECTR CAL CCNDUTOR (MREl CC VI METE IN PLACE LF ! 710.0c 1.15 i B18.54 i 1 4 NO.6 ELECTTI' CAL CID NDUTOR (INSULATED[ ZOMPLETE IN PLACE LIF 140.01 1 i 151.00 t0 NO. B ELECTWCAL CONDUTISR (INSULATED) 3CMPLE7E IN PLACE LF 1340.91 115 5 1,541.00 1 a GiROJN0 BLIP T`OE D WITH APRON (15292.2,'. COMPLETE iN PLA EA � ttt 7.00 5.232..50 1 q ELEI TRICAL SERVICE - IN PE (ELC 5RV TY D 124/244 C60 (NS)5S E PS(U }, EA A,WO.CO S 4,800 COMPLETE N PLACE REFLECTIVE PAVEMENT MARKINGSTYPEI (WHITEj12 "(S!U1[lowpLj, LF 22190 145 S 759.00 I 10 COMPLETE IN PLACE REFLECTNE PAVEMENT MAR4NG5 70E 1 (WWTE)24 "[SLD)jl0DMq. LIF 120.00 5. S SEK1= 1A COMPLETE IN PLACE AEFLECT[VE PAVEMENT M.ARAiNGS TYPE I (WMTEl(UTURN EA 2.00 172.50 f 315.00 15 A4R!;W1I199MIL), COMPLETE INPLAC: ... .__ t1EFLEECTSVE PAVEMENTMARKINEiSTYPE I (W'1(tia1!'ORT]1(104h11L1, EA 1.00 145.79 S 143.75 16 COMPLETE .N PLACE REFLECTIV€ PAVEMENT MARK] NG5 TYPE I MUOWW S1DNI".IL1, LF 50.00 1.44 S 88.40 17 COMPLETE IN PLACE _ REFLECTIVE PAVEMENTMARKINGSTYPE. (WAITE)12 "(SLD), � 224.co 0. 3 63.80 18 COMPLETE IN PLACE REFLECTIVE PAVEMENT MARKINGSTYPEI1 (WHTEj24 "(S,0), LF 120.M 058 3 69.60 is ComPLETEIN PLACE ! ECnVE PAVEMENT MARILINGS TYPE Ii WARROW COMPLETE 11.50 S 23.00 2 0 REF. IN PLACE EA loc P,EF.ECn VF PAVEMENT MARKINGSTYPE.:I (WHTEXWORD), L i yp0 I 11..90 E 11.54 21 COMPLETE W PLACE ., .. REKLECTIV•E PAVE MfkT MAR<INSS TYPE 11 ;YELLOWW(SLD LF 6ace 0.12 S 72D 22 COMPLETE IN PLACE ELkwIItiATE E[IS7NG PAVEMENT MARKINGS LA -1, COMPLETE IN � ]. 22.CIlI 5.75 S 1N.Sa PLACE Q - - . ELIN1i NATE EXL571 N PAVEL.IEiN MARK)WS (ARROW),. CID MP u7t 14 2.00 74.75 6 149.50 M PLACE SLIM HATE EXISMNG PA.VFMEWT MARKINGS (WORDL COMPLETE IN £A L00 74.75 y 74.75 PLACE f LLjmj.**ATE ExmT1kG PAVEMENT MARKINGS [RAISED PAVEMENT EA Sim 1.15 t 55 25 f PAAaKERk, COMPLETE .ti PLACE { PAVEMENT SURFACE 'AEPAR.ApoW FOR MARKING (5`). COMPLETE LF 60 012 5 7.20 I I 77 ;:11 PLACE PAVEMENT SURFACE PR EPARATtON FOR MARt+NG (121 COMPLETE �• I 277.00 p jg y 63 BO 28 N PLACE PAVEMENT SURFACE REE:P:ARATION FORMAR54NG (2 COMPLETE LF 120.00 034 0 89 :80 29 -:N PLACE rmurwmW Par f aF 2 PAVEMENT SURFACE PAEPARATION FOR MMK.ING (AF ROW), 2'DO 5,75 3 11.50 30 COMPLEW . N PLACE �EA PAVEMENT SURFACE PREP ARA FOR MARKI NG [UT U RN AN ROMI 31 FA I-W 5i7$ 3 5,75 COMPLETE IN PLACE INViALL HIGHWAY rftArrIC SIGNAL (ISOLATED], ALSO INCLUDES Tw 32 iEA I.Du 35AW'QD 4 35,45W.00 LED ILS14 AND %IRE INSIDE THE PALE. COMPLETE IN PLACE 33 BACK PLATE (12 IN] r3 SECTION HEAD), COMPLETE IN PLACE IEA 3,130 103,W S 92930 BACK P LATE I ll !L READ)• COMPLETE IN PLACE 34 B LtL L S�,CTTQN 1EA Z. DO I moo 111 230 00 F 5 EHICLE SIGNAL G SECT] ON -'12 1 N)ILE D(GRE EN AR FOW), COM PLETE IN I FA 2,3C 775-00 , PLACE VEHICLE SIG SEL ON i 12 1 NUD 15 RE EN EALLJ, COMPLETE N EA 10.00 211175 f 2,817-50 36 PLACE 37 VEHICLE SIGNAL SECTION J12 INJI-90,I AFROW). COMPtWc IN EA 100 563.50 -LACE 'AftCLE SIGNAL SECT ION (12 INJLEIDIYELLaW BALLI, COMPLETE IN EA 10.00 287 SC a 2,1171W 38 PACE 39 VEHICLE 5[iCiNALSCCnCN (12 INYLED(:IED SALL), COMPLETE IN PLACE a 111100 2 3 2.702.0 T:tAFF: CSiriNALLABLE,-rYPEAN12AWGit3OCCNOUCTOR), LF 1.175.00 2-SO $ 2.7x2. 40 C31VOLME IN PACE TRAFFIC SIGNAL CABLE OWE AM 14 AWG)1 I CONO-ICTOR), 'LF 3s0.00 3.45 3 1.207.53 41 COMPLETE IN PLACE INSTALL TRAFFIC SIZ YAL POLE AND MAST ARM (32 FIO U N D, '40 4- EA 1-00 6.325-00 5 6.32&00 42 MU171FACED), COMPLETE IN PLACE INVAL TRAFFIC SIG NAL PULE AND NAST ARM 159) W rH A Sq POILE 43 FDR A Kd.M ( LJ MI NA1 RE Ill OU N 0. N ON- M U LTIFACEDI. COMPLETE IN EA LOD 24 11 49.MQ.00 PLACE - 44 PED•S PUSH BU70N POLE A55ENaLVr, IN PLACE EA 3,00 1,78250 Cr 5,347.60 45 VIVDS 4tOCUSING sn . r . Em, comFLErE IN PLACE FA ]cc 7 130- S ^ 7,130.00 46 VTVCG CAMERAASSEMBLY, COMPLETE IN PACE EA 3.co I i 6,LV2M INSTALLATION OF VFV05 SYSTEM Avvl) SET-UP OF VWCG CAMERAS EA too $ 47 AND PROCESSING SYSTEM, COMPLETE IN PACE 48 VVDS CO M M U NKAII ON CAZLE (COAX AQ, CO MPLETT IN P LACE ' j 590.00 ;.3c $ 1.834rO1 LED 'OUNTMWN PEDESTRIAN SIGNAL MOD14CATION WITH �A 4.00 2 -DD 49 HCJSING COMPLETE IN PLACE A.LJDIBAJE PEDESTRIAN PLISH BUrON S4GXJA. UNIT, MMPUETE A EA 4.CO 1 2,750.00 3 1 I.W.DD so PLACE 51A OPTICOM CAaLE, COMPLETE IN PLACE LF Sw.0D 1.15 $ 66700 516 OPTICOM DETECTORS AND INSTALLATION, COMPILER IN PLACE I* '_00 1.150.00 1JR.00 KIM LUM INAIR E AN 0 ARM TYPE 1AjRA2S2J46tlMH4RO!B L- EA 2.012.50 14 3 kcA.w 52 PILPWA.AM P. CO MPLETE IN P LACE NET AMOL NT OF THIS CHANGE 3 162.164.50 0 CCNDJTI.ONS Time to sUrt 10 days attar accepMes Of Chary* orcer. Tne aurallon lo this wui* Is a 165 d&V5whjC1 includes 12C daya for signal pea manufactoling atjr approved shop dravvifigs. The City agree that" time reqwrea -j perrom Shia wwK vrfll not to cocnwj 9rcharquid to~42 Iha"nLract duratIon. ASREFJAENT ewr ugutdra in It* pace Pro~ b&o* Av w%mv e a C.Optarce of && iddum"n Plena III awrelum one copy for cur r"ords, ccntrwax Owner L H 1_4�iG�y, C[ty of Matth AlchisAd HilislCity of KaIW B, Ry: DATE 6120=12 DATE: f7r.raw3K. Page 2 of 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TEXAS AND THE CITY OF KELLER, TEXAS This Amendment No. 1 to the Interlocal Agreement is entered into this day of , 2012, by and between the North Richland Hills City Council ( "NRH "), and the Keller City Council ( "Keller "), Tarrant County, Texas, municipal corporations, relating to the construction of the North Tarrant Parkway Project; the limits of this project being from Whitley Road to FM 1038 (Davis Boulevard), witnesseth: WHEREAS, in 2009, NRH and Keller entered into an Interlocal Agreement (approved by Keller's City Council on April 21, 2009, by Resolution No. 2816) for sharing in the costs of construction to widen North Tarrant Parkway from Whitley Road to Davis Boulevard (FIVI 1938); and WHEREAS, the City of Keller desires to install a traffic signal at the intersection of Keller - Smithfield Road and North Tarrant Parkway in accordance with the findings of the traffic signal warrant study; and WHEREAS, Tarrant County has agreed to pay for 50% of the cost for the traffic signal installation at this intersection; and WHEREAS, this intersection in entirely within the city limits of North Richland Hills; and WHEREAS, the City Councils of Keller and NRH have deemed it necessary and in the best interest of the citizens of Keller, North Richland Hills and the region to approve this amendment concerning the North Tarrant Parkway at Keller - Smithfield Road traffic signal installation, operation, and maintenance; NOW THEREFORE, ATA&A►11� Section 1: THAT, Keller will pay all costs for the consulting engineer for providing the traffic signal design. Section 2: THAT, Keller and NRH will review and approve the traffic signal design plans. Section 3: THAT, Keller will pay for 50% of the construction cost for the traffic signal with Tarrant County paying for the remaining 50% of cost. Section 4: THAT, NRH will inspect and approve the construction of the traffic signal. Section 5: THAT, NRH will own, operate, and maintain the traffic signal installation once it is complete and accepted by NRH at no cost to Keller. Section 4: THAT, the signal will remain in operation until such time as the City of North Richland Hills and the City of Keller both agree to remove the traffic signal. All other provisions of the original Interlocal Agreement shall remain in full force and effect unless modified by a subsequent written amendment signed by both Cities. This Amendment No. 1 may be executed in multiple counterparts, attached to the original Interlocal Agreement, and shall collectively constitute Amendment No. 1 to the Agreement. AGREED this day of I���' go] ar'C�]:i�:�:�C�3:1�:1►1�7a1�� -� Date: Mark E. Hindman, City Manager ATTEST: Patricia Hutson, City Secretary Approved as to Form: , 2012. ��711VAI WkI 444 =1V e Date: Steve Polasek, City Manager ATTEST: Shelia Stephens, City Secretary Approved as to Form: George Staples, City Attorney L. Stanton Lowry, City Attorney M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. F.1 GN 2412 -047 Authorize the Publication of Notice of Intent to Issue Certificates of Obligation - Resolution No. 2012 -018 Presenter: Larry Koonce, Finance Director Summarv: In the Fiscal Year 2011 -2012 CIP Budget, City Council authorized certain projects to be financed with certificates of obligation (C.O.'s). The proposed sale will occur on August 13th and total $5,660,000 (see attached list of projects). As part of the legal requirements for the planned issuance of C.O.s, the City Council must authorize the City Secretary to publish, by no later than July 1, 2012 in a newspaper of general circulation, a notice of the intent of the City to issue Certificates of Obligation in an amount not to exceed $5,660,000. General Description: The attached 2012 Certificate of Obligation Projects list indicates the cost of each certificate of obligation project. These costs include: ■ $5,365,000 for Utility Projects ■ $295,000 for Iron Horse Golf Course drainage improvements Debt service payments for the utility projects will be made from utility fund revenues. Debt service payments for the golf course drainage improvements will be from golf course revenues. The notice of intent to issue certificates of obligation must be published once a week for two consecutive weeks. The first publication date shall be at least (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the Certificates of Obligation. The notice of intention is attached and labeled Exhibit A. The proposed calendar for the bond sale is as follows: July 11 Rating Agency Meetings July 24 Receive Ratings from Agencies August 1 st Distribute NRH Official Statements for G.O & C.O. Sales August 13 City Council Awards Bids September 18 th Accept Delivery of Bond Proceeds for Projects Recommendation: Approve GN 2012 -047 and pass Resolution No. 2012 -018 authorizing the City Secretary to publish the intent to issue Certificates of Obligation not to exceed $5,660,000. M RH 10**QWil0IQ►I►C61+IT+ZVZ11III A RESOLUTION APPROVING AND AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. WHEREAS, the City Council of the City of North Richland Hills, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271 (the "Act "), for the purpose of paying contractual obligations to be incurred for (i) constructing and improving the City of North Richland Hills water and sewer system, (ii) constructing and improving City of North Richland Hills Iron Horse Golf Course drainage, and (iii) professional services rendered in relation to such projects and the financing thereof, and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in accordance with the provisions of the Act; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICIHLAND HILLS, TEXAS: SECTION 1. THAT the City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation during a meeting scheduled to begin at 7:00 P.M. on the 13 day of August, 2012, which certificates of obligation shall be issued in a principal amount not to exceed $5,660,000 for the purpose of paying contractual obligations to be incurred for (i) constructing and improving the City of North Richland Hills water and sewer system, (ii) constructing and improving City of North Richland Hills Iron Horse Golf Course drainage, and (iii) professional services rendered in relation to such projects and the financing thereof, and shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2. THAT the City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least thirty -one (31) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. SECTION 3. THAT it is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4. THAT this Resolution shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED this the 25th day of June, 2012. F-11 a 11 *3 6 Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1- WU:ZG] ►1=IBF- 11411OI+161►10=1►16 Larry Koonce, Director of Finance �O:1:11 =►1191► NOTICE OF INTENTION TO ISSUE CITY OF NORTH RICHLAND HILLS, TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of North Richland Hills, Texas, shall convene at 7:00 o'clock P.M. on the 13 day of August, 2012, at the City Hall, 7301 N.E. Loop 820, North Richland Hills, Texas„ and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $5,660,000 for the purpose of paying contractual obligations to be incurred for (i) constructing and improving the City of North Richland Hills water and sewer system, (ii) constructing and improving City of North Richland Hills Iron Horse Golf Course drainage, and (iii) professional services rendered in relation to such projects and the financing thereof, and shall be payable from ad valorem taxes and a limited pledge of the net revenues of the City's combined Waterworks and Sewer System. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Patricia Hutson City Secretary City of North Richland Hills, Texas 2012 Proposed C.O. Projects Project Amount Maturity Needed Budgeted Certificates of Obligation Projects Utility Projects Sanitary Sewer (Loop 820 Corridor Intercepter $ 1,480,000 20 years Replacement) Sanitary Sewer System Rehabilitation of Main Lines 1,500,000 20 years Telemetric Water Meter Annual Maintenance (2012) 350,000 10 years Water Main & Valve (Across Loop 820 East of Iron Horse 265,000 20 years Bend) Water Main (Loop 820 Crossings) 1,770,000 20 years Subtotal C.O. Utility Projects 5,365,000 Drainage Projects Iron Horse Golf Course Drainage Improvements 295,000 20 years Subtotal C.O. Drainage Projects 295,000 Total Proposed 2012 C.D.s $ 5,660,000 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. F.2 GN 2012 -048 Approve Ordinance Amending Chapter 34, Article II of the North Richland Hills Code of Ordinances Changing Regulations Defining and Prohibiting Public Nuisances - Ordinance No. 3187 Presenter: Jo Ann Stout, Director of Neighborhood Services Summarv: In responding to residents' concerns regarding property conditions, Staff has identified several areas where current ordinances are not adequate to communicate clear expectations to property owners. In addition, there are a few areas where current ordinance language does not allow enforcement of conditions that many residents perceive as offensive. Staff has reviewed the current Nuisance Ordinances and will present recommendations that will assist in enforcing the ordinance and will also clarify some current language. The proposed amendments were presented to Council at the June 11, 2012 Work Session. Since that time, staff has made minor revisions. Two (2) new definitions were added to define brush and fifth. We also clarified that no grass, trash, brush or rubbish can be blown on any public thoroughfare. Minor additions were made to the existing ordinance. All sections of fences that are being repaired or replaced must be constructed with material similar in size and appearance to material being replaced. No rooftop can be used for storage of materials when visible from a public right -of -way or neighboring property. No poisonous plants may grow onto adjacent properties or onto a public street. A grading permit may be revised or revoked if there are dirt moving or disturbing activities which cause an unreasonable amount of dirt or dust particles to become airborne and travel onto adjacent properties. General Descrir)tion: The following are the amendments that are recommended for approval: New Definitions: 4. Brush — shall mean scrub vegetation, tree trimmings, shrubs or dense undergrowth 5. Filth — shall mean any matter in a putrescent state. Specific Nuisances: 1. 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. (The addition of this section is not new but has added clarification of what cannot be blown into the street. Because of Mate and Federal mandates on storm water, the City must protect what is discharged into the sewer system.) 2. Missing or deteriorated fence panels, slats, rails, pickets and posts must be replaced with material similar in size and appearance to those being replaced. (For example, residents repairing a six foot wooden fence should not use eight foot pickets or visa - versa.) 3. 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. (Current ordinances do not address rooftop storage.) 4. 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 felt the addition of this section would protect the public and adjoining neighbors from potential exposure to poisonous plants.) 5. Dirt moving or disturbing activities which cause an unreasonable amount of 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 revision will require builders, contractors, drilling rigs and any other earth moving activity to put measures in place to keep the dirt and dust to a minimum.) All the recommendations made above will assist the code officers in abating violations that have received numerous complaints. Many of the recommendations listed above are currently in the ordinances but have been amended to facilitate a clear understanding and consistent compliance with established property maintenance standards. Recommendation: Approve Ordinance No. 3187 M RH ORDINANCE NO. 3187 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 34 OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES AND CHANGING REGULATIONS DEFINING AND PROHIBITING PUBLIC NUISANCES; ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, city staff has recommended changes to the definition and prohibitions, regulations and notices relating to public nuisances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 34 -32 and 34 -33 of the North Richland Hills Code of Ordinances are hereby amended to read as follows: "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: Breeding ground means any scrub brush, wood pile, vegetation, food source or any vegetation or material stored in such a way that attracts vermin's or insects. Brush shall mean scrub vegetation, tree trimmings, shrubs or dense undergrowth. Debris means all putrescible and nonputrescible solid wastes, including garbage, trash, litter, 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 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. Rubbish means all nonputrescible wastes including, but not limited to, debris, tin cans, bottles, 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 (Chapter 501, Texas Transportation Code) 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. 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 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. (3) The sweeping, blowing or depositing of any trash, brush, paper, grass clippings, rubbish or any other matter onto any public thoroughfare or other public place. (4) 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 fence panels, slats, rails, pickets and posts must be replaced with material similar in size and appearance to those being replaced. Exception: This section is not intended to require the removal of any screening device that is otherwise required by the comprehensive zoning ordinance. (5) Discharging of any sewage waste directly or indirectly onto the ground or into any stream, creek, waterway or other body of water, including, but not limited to overflowing septic tanks or leaking sewer pipes. (B) Maintaining any sanitary plumbing fixtures and facilities, septic tank or sewer pipes not in compliance with the public health laws, ordinances, and regulations of the state, the county and the city. (7) Permitting, maintaining or causing the emission of foul, offensive, noisome, nauseous, noxious or disagreeable odors repulsive to the physical senses of ordinary persons or which breeds or allows the harborage of vectors. (8) 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. (9) Maintaining a swimming pool, hot tub, and their related accessory structures in an unsafe, unsecured, unclean, unsanitary, or unsound condition. (10) 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 or the maintenance of any place or condition on property that is a breeding ground for rats, flies or cockroaches. (11) 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. (12) 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. (13) 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 fawn irrigation system to spray or overflow water during any periods regardless of the weather into a public street designated as C4U, M4U, M5U, M4D, M6D, or P61D on the thoroughfare plan. (14) 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 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. (15) 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. (16) 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. (17) 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. (18) 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 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. (19) 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. (20) 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. (21 ) Keeping or maintaining of chickens or other fowl, including hens, pigeons, chicks and roosters, within 50 feet of any residential structure or inhabited building. (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 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. (28) Mowing or weed eating without first removing trash and debris which will be scattered by the mowing or weed eating process. (27) Permitting by any person owning or controlling property of any tree thereon which in the opinion of the city arborist or the absence of such position, the official designated by the city manager to make such determination, is dead and/or constitutes an immediate safety risk to persons or property. (28) Allowing poison ivy, poison oak or any poisonous plant to grow onto adjacent property or onto a public street.. (29) Dirt moving or disturbing activities which causes an unreasonable amount of 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. (30) Keeping, 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. (31) 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." Section 2: THAT Sections 34 -38(c) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34 -38. - Service of notice of violation. (c) Notification regarding second violation in one -year period. In a 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. Section 3: Section 34 -42(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34 -42. - Recovery of costs. (b) Administrative fee. An administrative fee shall be assessed for each charge. Such fee is established in Appendix A. The director of finance shall review the administrative fee annually and adjust the fee by the increase in the ❑FW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. Section 4: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Section 5: 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 6: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 7: This ordinance shall be effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 25th day of June, 2012. ] 11 WKS]IM�IQA11:1N[91:IW_1►1N1:III ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary 1 -W ;J:IG] ►1=I B1_F'I 11911 to] N di I;1:I III I *H_1 I I Wil George A. Staples, City Attorney APPROVED AS TO CONTENT: Jo Ann Stout, Neighborhood Services Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. F.3 GN 2012 -049 Approve Ordinance Amending Chapter 34, Article IV, Sections 34 -131 and 34 -132 of the North Richland Hills Code of Ordinances Amending the Definition of Junked Vehicles and the Declaration of Vehicles to be a Public Nuisance - Ordinance No. 3205 Presenter: Jo Ann Stout, Director of Neighborhood Services Summary: The proposed amendment to the junk vehicle ordinance clarifies the definition of inoperable vehicles, wrecked vehicles, dismantled or partially dismantled vehicles, 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. The revision also provides a mechanism for code officers to inspect vehicles covered by a tarp, thereby eliminating the option of avoiding compliance merely by covering the junk vehicle with a tarp. Together, these revisions will give the code officers enhanced ability to resolve several vehicles that are sitting in driveways and have not moved in years. General Descrir)tion: The following definitions have been added to the proposed ordinance and have been summarized for your purpose: 1. Dismantled or oartially dismantled means: a) If the vehicle is intended to be driven on public property, dismantled or partially dismantled means not capable of passing a state motor vehicle inspection. b) For off -road vehicles or vehicles that are not required to have a state motor vehicle inspection, dismantled or partially dismantled means dismantled to the degree that said vehicle is not usable for the vehicle's designed and intended purpose. 2. lnoDerable — Means vehicles that cannot currently be legally driven on public streets (i.e. Major engine component missing, flat tires, broken windshield, broken front lights or tail lights, etc.) For off -road vehicles, inoperable means not usable for the vehicle's designed and intended purpose. 3. Junked Vehicle — A new section has been added to the ordinance to address vehicles that do not operate on public streets and do not require a valid license plate and/or inspection certificate. This section is for off -road vehicles, all- terrain, 4- wheelers, etc. These vehicles are identified as a "junked vehicle" if they are a) Wrecked, dismantled or partially dismantled or discarded, or b) Inoperable and remained inoperable for more than- (i) 72 consecutive hours on public property; or (J) 30 consecutive days on private property. 4. Wrecked Vehicles — a) For vehicles designed to be driven on public property, wrecked means not capable of passing a state motor vehicle inspection due to damage consistent with a motor vehicle accident, incomplete repairs, salvage or restoration including, but not limited to, a missing or broken engine, transmission, windshield, window, tire, wheel or major mechanical component. b) For off -road vehicles that are not required to have a state motor vehicle certificate, including race cars, dirt track vehicles, all- terrain vehicles, golf carts, watercraft and aircraft, wrecked means not usable for the vehicle's designed and intended purposes. 5. /Nuisance Abatement — A junk vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right -of -way. whether covered or not, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance. Inclusion of the phrase "whether covered or not" will allow code officers to look under a tarp after the required due date, once they have obtained an administrative warrant, to verify that the wrecked or inoperable vehicle has been remedied. In summary, this ordinance revision clarifies a number of definitions, provides a mechanism to address off -road vehicles, and enables code officers to look under a tarp to verify if a vehicle meets the definition of a junk, inoperable or wrecked vehicle. These revisions will enable code officers to more effectively address violations, which will enhance the appearance and safety of NRH neighborhoods. Recommendation: Approve Ordinance No. 3205 M RH ORDINANCE NO. 3205 AN ORDINANCE AMENDING SECTIONS 34 -131 AND 34 -132 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND AMENDING THE DEFINITION OF THE TERM "JUNKED VEHICLE" AND THE DECLARATION OF SUCH VEHICLES TO BE A PUBLIC NUISANCE TO CONFORM TO RECENT STATUTORY AMENDMENTS; ESTABLISHING A PENALTY FOR VIOLATION; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council desires to amend the definition of junked vehicles contained in Chapter 34 of the Code of Ordinances as permitted by §683.0711, Texas Transportation Code to be more expansive than that established by the Texas Transportation Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HELLS, TEXAS: Section 1: THAT Sections 34 -131 and 34 -132 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34 -131. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antique auto means a passenger car or truck that is at least 35 years old. [Dismantled or partially dismantled means: (1) For vehicles designed to be operated upon the public streets and for which a valid state motor vehicle inspection certificate is required to legally do so, "'dismantled or partially dismantled" means dismantled to the degree that said vehicle is not capable of passing a state motor vehicle inspection; (2) For vehicles not subject to state motor vehicle inspection, including off - road vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all- terrain vehicles, golf carts, watercraft and aircraft, "dismantled or partially dismantled" means dismantled to the degree that said vehicle is not usable for the vehicle's designed and intended purpose. Inoperable. Means vehicles that cannot currently be legally driven on public streets. For vehicles that are designed not to be driven on public streets {all terrain vehicles, dirt bikes, watercraft, aircraft etc.) inoperable means not usable for the vehicles designed and intended purposes. Junked vehicle. (1) A motor vehicle which 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; and is (A) Wrecked, dismantled or partially dismantled, or discarded; or (B) Inoperable and has remained inoperable for more than- (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property. 101:7 (2) A vehicle, that by law does not require for operation on public streets a valid license plate and/or inspection and is: (A) Wrecked, dismantled or partially dismantled, or discarded; or (B) Inoperable and has remained inoperable for more than- (i) 72 consecutive hours, if the vehicle is on public property; or (ii) 30 consecutive days, if the vehicle is on private property. Motor vehicle means a motor vehicle subject to registration under the Certificate of Title Act, V.T.C.A., Transportation Code § 501.001 et seq. Motor vehicle collector means a person who: (1) Owns one or more antique or special interest vehicles; and (2) Acquires, collects, or disposes of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest. Special interest vehicle means a motor vehicle of any age that has not been changed from original manufacturer's specifications and, because of its historic interest, is being preserved by a hobbyist. Vehicle. Any automobile, truck, tractor, bus, motorcycle, motor home, camper, recreational vehicle, trailer, golf cart, watercraft or aircraft. Wrecked vehicle means: (1) For vehicles designed to be operated upon the public streets, "wrecked" means not capable of passing a state motor vehicle inspection due to damage that is consistent with a motor vehicle accident, incomplete repair, salvage or restoration including, but not limited to, a missing or broken engine, transmission, windshield, window, tire, wheel or major mechanical component. (2) For vehicles not subject to state motor vehicle inspection, including recreational vehicles designed and intended to be operated in places other than on public streets, including but not limited to race cars, dirt track vehicles, all- terrain vehicles, and golf carts, watercraft and aircraft, "wrecked" means not usable for the vehicle's designed and intended purpose. Sec. 34 -132. - Junked vehicle as a public nuisance. (a) Nuisance; abatement. A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right -of -way, whether covered by a tarp or not, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance. Any person, firm, or corporation maintaining a public nuisance as defined above shall be guilty of a misdemeanor and, upon conviction, subject to a fine. Each and every day the maintenance of such public nuisance shall continue shall be deemed to constitute a separate offense. Upon conviction in the municipal court of the city, the court shall have the authority to order removal and abatement of such nuisance. (b) Relocation. The relocation of a junked vehicle that is a public nuisance to another location within the city after the code enforcement officer or as otherwise designated by the city manager has initiated the proceedings to abate the public nuisance shall have no effect on the proceedings if the junked vehicle constitutes a public nuisance at the new location." Section 2: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Section 3: 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 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be effective immediately upon passage. 1_1►1111dI- - I&IOX63017-►1►141, PASSED AND APPROVED on this the 25th day of June, 2012. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor F-11 ;a :21:t•1►►=1•1F:1-it911to] kyj IF:1 ►I1J1x0: 1111Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: Jo Ann Stout, Neighborhood Services Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. F.4 GN 2012 -050 Approve Ordinance Amending Chapter 34, Article III, Section 34-71(a) of the North Richland Hills Code of Ordinances Changing Regulations Limiting Height of Grass, 'Weeds and Uncultivated Plants - Ordinance No. 3186 Presenter: Jo Ann Stout, Director of Neighborhood Services Summary: 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. The proposed amendment will delete the phrase "on average" and will define the meaning of "rank profusion." It will also add a section that specifically requires the proper maintenance 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. This will not apply to any publicly designated natural area, drainage way, or undeveloped parkland. General Descrir)tion: Under the current ordinance, code officers have limited means to address properties with high grass unless more than 50 percent of the grass is higher than 10 inches. This can allow weeds to grow well above 10 inches, as long as not more than 50 percent of the weeds or grass is above 10 inches. The amendment would eliminate the "on average" portion of the ordinance. This will allow the officers to address properties that have sections of grass /weeds over 10 inches that have become unsightly. The term "on average" is problematic in that it has been interpreted to allow a property owner to keep sections of a property entirely unmaintained, so long as more than half of the property is under 10 inches in height. This is a loophole that has been frustrating to residents and which is inconsistent with the intent of our property maintenance codes. This amendment would also add a section that requires bushes, vegetation and trees to be properly maintained in a manner or condition which is not, or should not be objectionable, unsightly or unsanitary to a person of normal sensitivities. Enforcement will be based on whether the property meets the definition of "rank profusion." The revision also provides that the Fire Marshall may, in the event of extreme drought or other hazardous condition, require any grass, bush, tree or vegetation to be mowed or removed when the area is of such size or proximity to structures that in the opinion of the Fire Marshal it creates a potential fire hazard. Recommendation: Staff recommends the City Council Approve Ordinance No. 3185 to enable consistent enforcement existing property maintenance standards. M RH ORDINANCE NO. 3186 AN ORDINANCE AMENDING SECTION 34 -71 (a) OF THE NORTH RICHLAND HILLS, TEXAS, CODE OF ORDINANCES AND CHANGING REGULATIONS LIMITING HEIGHT OF GRASS, WEEDS AND UNCULTIVATED PLANTS; ESTABLISHING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, city staff has recommended changes to the city restrictions on height of grass, weeds and uncultivated plants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 34-71(a) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34 -71. - Height limitations. General limitation. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, or to grow in rank profusion upon said premises, including along, upon or across the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. The term "rank profusion shall be deemed mean 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. All bushes, vegetation and trees must be trimmed and properly maintained in a manner, condition, or object which is or should not be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities. In the event of extreme drought or other hazardous conditions, the fire marshal may require any grass, bush, tree or vegetation to be mowed or removed when the area is of such size or proximity to structures that in the opinion of the fire marshal it creates a potential fire hazard. In the case of agricultural tracts of five acres or larger, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches for a distance of 100 feet around the entire perimeter of the tract. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, or to grow to a height of more than ten inches along the perimeter or around trees, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same 'between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts of five acres or larger, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches for a distance of 100 feet around the entire perimeter of the tract. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit uncultivated plants, grass or weeds to grow to a height of more than ten inches within three feet of the perimeter of such property, or of any structure or fence on such property or of any adjacent street or sidewalk. Exception: This section shall not apply to any publicly designated natural area or to any drainage way, or to any undeveloped parkland." Section 2: Violation of this ordinance shall be punishable by a fine of up to Five hundred dollars ($500.00). Each separate violation shall be punishable hereunder and each day each such violation shall be allowed to exist or continue shall constitute a separate violation punishable hereunder. Section 3: 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 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be effective immediately upon passage. f:1►I9l19 N17- 1I`rI413 PASSED AND APPROVED on this the 25th day of June, 2012. la CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor I- lid* -'iii Patricia Hutson, City Secretary 1, 1»: �+]► J�I�1_[ �� +1� +7:�i�il_1'►I�I�xH�1���'�I George A. Staples, City Attorney APPROVED AS TO CONTENT: Jo Ann Stout, Neighborhood Services Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject: Agenda Item No. H.1 Announcements - Councilman Whitson Announcements Join us for the Family 4th Fireworks Show on Wednesday, July 4th. The show will begin at 9:30 p.m. and can be seen from the parking lots of the ATI Career Training Center and Wiley G. Thomas Coliseum. Don't forget to bring lawn chairs, picnic baskets and games for the family to play while waiting for the fireworks. City Hall and other non - emergency City offices will be closed on Wednesday, July 4th in observance of the Independence Day Holiday. The Library, Tennis Center and Senior Center will also be closed. The NRH Centre, NRH20 and Iron Horse Golf Course will remain open. Residential garbage and recycling collections will not be impacted by the holiday. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we spotlight. Rickie McMahan, Miguel Bermea and Joshua Venable of the Public Works Department — A resident called to express thanks for the city employees who came to her aid when she fell ill in front of her home. Rickie, Miguel and Joshua went out of their way to help her and were very attentive and concerned. She was very grateful and wants the city to know what great employees they have. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 6 -25 -2012 Subject Agenda Item No. H.2 Adjournment