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HomeMy WebLinkAboutCC 2012-12-10 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, December 10, 2012 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Presentation by North Central Texas Council of Government on Cotton Belt Rail Project (20 Minutes) A.2 Quarterly Capital Improvement Project Status Report (10 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding An Economic Development Contract in Central Sector of City B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Negotiations in Southeast Sector of City B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive Project Condemnations B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager 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 December 7, 2012 at P.M. ohvt� 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—December 10,2012 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, December 10, 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 Whitson A.2 Pledge - Councilman Whitson A.3 Special Presentation(s) and Recognition(s) No items for this category. 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 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 November 12, 2012 City Council Meeting City Council Agenda—December 10,2012 Page 2 of 4 B.2 GN 2012-099 Renewal of Memorandum of Agreement (MOA) for Vehicle Idling Limitations B.3 GN 2012-100 Authorize the Payment of $55,000 to Sam Houston State University for the Second Year Annual Maintenance of CRIMES Law Enforcement Software Package B.4 PU 2012-032 Consider Medical Director Contract for Medical Director for North Richland Hills Fire Department B.5 GN 2012-104 Consider Revised Policy on Uses of Revenues from Gas Exploration/Production - Resolution No. 2012-044 B.6 PU 2012-033 Consider Integrated Forensic Laboratories Contract for Forensic Testing Services for North Richland Hills Police Department B.7 GN 2012-101 Authorize a one year contract extension with Republic Waste Services of Texas, Ltd. for solid waste and recycling services B.8 GN 2012-103 A Resolution Authorizing Execution of an Interlocal Cooperative Agreement requesting North Central Texas Council of Governments to Pursue Development of the Cotton Belt Rail Project Utilizing Senate Bill 1048 ("Public and Private Facilities and Infrastructure Act") - Resolution No. 2012-047 C.0 PUBLIC HEARINGS C.1 SUP 2012-05 Public Hearing and Consideration of an Appeal for a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Anejo Gas Well Pad Site on 5.989 acres described as Tract 3D in the William Cox Survey at 7100 Davis Boulevard. - Ordinance No. 3225 C.2 SUP 2012-04 Public Hearing and Consideration of an Appeal for a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Church of Christ Gas Well Pad Site on 10.419 acres described as Lot 2, Block 8, Meadow Lakes Addition at 6400 NE Loop 820 - Ordinance No. 3227. 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 2012-035 Approve an Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Modifying the Criteria for Detention and Retention Structures - Ordinance No. 3228 E.2 PW 2012-036 Approve the "Interlocal Agreement" with Tarrant County for the Partial Funding of the Construction of the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project City Council Agenda—December 10,2012 Page 3 of 4 E.3 PW 2012-037 Approve the "Interlocal Agreement" with Tarrant County for the Partial Funding of the Construction of the Smithfield Road (Davis Boulevard to Mid-Cities Boulevard) Project F.0 GENERAL ITEMS F.1 PU 2012-035 Award a contract to Environmental Safety Services Inc. (ESSI), for worked related to Iron Horse Erosion Control in the amount of$153,170 F.2 GN 2012-102 Approve a resolution authorizing and endorsing the application for the 2013 "Our Town" grant program by the National Endowment for the Arts for various creative placemaking projects associated with the new municipal complex - Resolution No. 2012-030 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 - Councilwoman Wright Oujesky 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 December 7, 2012 at A-0 p.m. 9-tt� 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—December 10,2012 Page 4 of 4 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, December 10, 2012 5:30 P.M. A.0 Discuss Items from Regular Citv Council Meetina A.1 Presentation by North Central Texas Council of Government on Cotton Belt Rail Proiect (20 Minutes) A.2 Quarterly Capital Improvement Proiect Status Report (10 Minutes) B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Reaardina An Economic Development Contract in Central Sector of Citv B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Reaardina Economic Development Neaotiations in Southeast Sector of Citv B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attorney to seek advice about pendina or contemplated litiaation - Rufe Snow Drive Proiect Condemnations B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Emplovment. Evaluation, Duties of Public Emplovees - City Manaaer C.0 Adiournment NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. A.0 Discuss Items from Regular City Council Meeting MRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. A.1 Presentation by North Central Texas Council of Government on Cotton Belt Rail Project (20 Minutes) Presenter: NCTCOG Summarv: Council will receive a report from a representative with North Central Texas Council of Government on item 6.8 Cotton Belt Rail Project. NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. A.2 Quarterly Capital Improvement Project Status Report (10 Minutes) Presenter: Mark Mills, Director of Budget Summarv: On a quarterly basis, the Budget & Research Department presents a status update on a selection of major projects. This presentation will focus on project expenses, timelines and highlight any significant adjustments that have occurred since Council was last briefed. This quarterly presentation is then followed by an opportunity for staff to address Council's questions regarding the capital improvement program. General Description: There were over 100 capital projects included in the Fiscal Year 2011/12 Capital Projects Budget. Departmental personnel responsible for each project update information monthly to provide management with a project overview. This overview consists of expenses to date versus approved budget, percent complete against project phase timelines and the current status of the project including any critical issues. This information is compiled into a quarterly report which is issued to City Management and City Council. The purpose of this quarterly presentation is to highlight specific projects and provide an opportunity for staff to address City Council questions. The following capital projects have been selected for presentation during this update: • Davis Boulevard / Mid - cities Intersection • Rufe Snow Street & Utility Improvements (Mid- Cities to Hightower) • Sanitary Sewer Rehabilitation of Main Lines • Calloway Branch Trail • John Barfield Trail NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -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 NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. B.1 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding An Economic Development Contract in Central Sector of City NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Regarding Economic Development Negotiations in Southeast Sector of City NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attorney to seek advice about pending or contemplated litigation - Rufe Snow Drive Project Condemnations NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 Subject: Agenda Item No. B.4 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager NCH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -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, December 10, 2012 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Whitson A.2 Pledae - Councilman Whitson A.3 Special Presentation(s) and Recoanition(s) No items for this category. 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 November 12, 2012 Citv Council Meetina B.2 GN 2012 -099 Renewal of Memorandum of Aareement (MOA) for Vehicle Idlinq Limitations B.3 GN 2012 -100 Authorize the Pavment of $55,000 to Sam Houston State University for the Second Year Annual Maintenance of CRIMES Law Enforcement Software Packaae B.4 PU 2012 -032 Consider Medical Director Contract for Medical Director for North Richland Hills Fire Department B.5 GN 2012 -104 Consider Revised Policv on Uses of Revenues from Gas Exploration /Production - Resolution No. 2012 -044 B.6 PU 2012 -033 Consider Inteqrated Forensic Laboratories Contract for Forensic Testing Services for North Richland Hills Police Department B.7 GN 2012 -101 Authorize a one vear contract extension with Republic Waste Services of Texas, Ltd. for solid waste and recvclinq services B.8 GN 2012 -103 A Resolution Authorizina Execution of an Interlocal Cooperative Agreement reguestina North Central Texas Council of Governments to Pursue Development of the Cotton Belt Rail Protect Utilizinq Senate Bill 1048 ("Public and Private Facilities and Infrastructure Act ") - Resolution No. 2012 -047 [elm alJ:11 rem C1: F,1V1►[0� C.1 SUP 2012 -05 Public Hearing and Consideration of an Appeal for a Reauest from Chesapeake Operating, Inc. for a Special Use Permit for the Aneio Gas Well Pad Site on 5.989 acres described as Tract 3D in the William Cox Survev at 7100 Davis Boulevard. - Ordinance No. 3225 C.2 SUP 2012 -04 Public Hearing and Consideration of an Appeal for a Reauest from Chesapeake Operating, Inc. for a Special Use Permit for the Church of Christ Gas Well Pad Site on 10.419 acres described as Lot 2, Block 8, Meadow Lakes Addition at 6400 NE Loop 820 - Ordinance No. 3227. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. No items for this category. E.1 PW 2012 -035 Approve an Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Modifvina the Criteria for Detention and Retention Structures - Ordinance No. 3228 E.2 PW 2012 -036 Approve the "Interlocal Agreement" with Tarrant Countv for the Partial Funding of the Construction of the Davis Boulevard /Mid- Cities Boulevard Intersection Improvements Protect E.3 PW 2012 -037 Approve the "Interlocal Aareement " with Tarrant Countv for the Partial Fundina of the Construction of the Smithfield Road (Davis Boulevard to Mid - Cities Boulevard) Proiect xl�ftl0121 :7,:101r:1►i6 F.1 PU 2012 -035 Award a contract to Environmental Safetv Services Inc. (ESSI), for worked related to Iron Horse Erosion Control in the amount of $153,170 F.2 GN 2012 -102 Approve a resolution authorizing and endorsing the application for the 2013 "Our Town" grant program by the National Endowment for the Arts for various creative 0acemakina proiects associated with the new municipal complex - Resolution No. 2012 -030 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 - Councilwoman Wriaht Ouieskv H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 Subject: Agenda Item No. A.a Call to Order - Mayor Trevino M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 Subject: Agenda Item No. A.1 Invocation - Councilman Whitson M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 Subject: Agenda Item No. A.2 Pledge - Councilman Whitson M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 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: 12 -10 -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: 12-10-2012 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: 12 -10 -2012 Subject: Agenda Item No. B.1 Approval of Minutes of November 12, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the November 12, 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 — NOVEMBER 12, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 12 day of November 2012 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch E1ml it FA I=11 T4V Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters John Pitstick Larry Koonce Craig Hulse Greg VanNieuwenhuize Clayton Comstock Caroline Waggoner Eva Ramirez Stacey Udoni Don Wertzberger Absent Call to Order Oscar Trevino Mayor Pro Tern, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place B Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Director of Planning &r Development Finance Director Economic Development Director Engineer Senior Planner Engineer Associate Buyer Public Works Management Assistant Project Manager Mayor Mayor Pro Tem Lombard called the work session to order at 5:30 p.m. A.0 discuss Items from Reaular Citv Council Meetina There were no questions from Council. A.1 Common Ground Communitv Garden Update Ms. Vickie Loftice, 'Managing Director, introduced the item and Ms. Diane Spradling, Volunteer Community Garden Coordinator gave a synopsis of rewards received and activities at the garden since its opening in April 2011. A.2 Discuss Accommodations of Additional Design Criteria and Updated Hvdraulic Modelina Reauirements in Ordinance No. 2624 Ms. Caroline Waggoner, Engineer Associate, gave a brief background on the detention /retention ordinance passed in 2002 and explained the reasons an update to the ordinance is being recommended. Changes proposed by staff include: • Provide an option for ponds to be constructed in areas where they were not previously allowed. • Update hydraulic design criteria to include incremental storm requirements • Consider allowing ponds to discharge to undeveloped streets 1 properties when: • Future downstream drainage infrastructure is not required or cannot currently be constructed, or • The pond discharges directly into a recognized watercourse, or • Future downstream improvements fall outside the City Limits • Additional requirements: a Special Use Permit (SUP) • Engineering design demonstrates no adverse impact to adjacent streets /properties • Pond designed so that it can be abandoned if /when downstream infrastructure is in place • Additional Ihydraulic design criteria: • Update software requirement to current Army Corps of Engineers HEC program • Include pond outlet design for the 2 -, 5 -, 25 -, 50- and 100 -year storms. • Regulate outflow velocity and depth of flow in addition to discharge rates • Provide minimum distance between pond outlet and nearest property line Council concurred with staff proceeding with the proposed changes to the ordinance. A.3 NRH Municipal Complex Proiect Update Jimmy Perdue, Director of Public Safety, updated Council on the Municipal Complex project with a status report on architectural services, Construction Manager at Risk services, land purchase and the geotechnical investigation. 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 551.087 Texas Government Code Reaardina Economic Development Neaotiations in Central Sector of Citv B.2 Executive Session: Pursuant to Section 551.087 Texas Government Code Reqardinq Economic Development Negotiations in Southwest Sector of Citv Mayor Pro Tern Lombard announced at 6:06 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.087 regarding economic development negotiations in central sector of City and 2) Section 551.087 regarding economic development negotiations in southwest sector of City. C.0 Adiournment Mayor Pro Tern Lombard announced at 6:45 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Pro Tern Lombard called the meeting to order November 12, 2012 at 7:00 p.m. ROLL CALL Present: Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 iii 1_li�ii 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 Oscar Trevino Mayor A.1 INVOCATION Councilman Rodriguez gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Rodriguez led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) Proclamation Recognizing Northeast Paint & Body's 50th Anniversary as a Family -owned Business in North Richland Hills Councilman Barth presented a proclamation to Dorothea Praytor, Northeast Paint and Body recognizing their 50 anniversary as a family owned business in North Richland Hills. A.4 CITIZENS PRESENTATION ►Cm None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF OCTOBER 22, 2012 CITY COUNCIL MEETING B.2 GN 2012 -096 APPROVAL OF CONTRACT WITH DEPARTMENT OF STATE HEALTH SERVICES FOR ON -LINE COMPUTER SERVICES FOR REMOTE VITAL STATISTIC ACCESS B.3 PU 2012 -031 AUTHORIZATION TO PARTICIPATE IN THE COLLIN COUNTY INTER -LOCAL COOPERATIVE PURCHASING AGREEMENT WITH MARTIN EAGLE OIL CO., INC. FOR THE PURCHASE OF CITY FUEL B.4 PW 2012 -031 RESCIND THE "RENEWAL AND AMENDMENT OF INTERLOCAL AGREEMENT COURT ORDER NO. 107296" WITH TARRANT COUNTY APPROVED ON SEPTEMBER 10, 2012, AND APPROVE A REVISED "RENEWAL AND AMENDMENT OF INTERLOCAL AGREEMENT COURT ORDER NO. 107296" WITH TARRANT COUNTY FOR THE PARTIAL FUNDING OF THE CONSTRUCTION OF THE NORTH TARRANT PARKWAY PROJECT (ST0201) B.5 PW 2012 -032 APPROVE THE STREET DEDICATION DEED FOR PUBLIC RIGHT -OF -WAY TO BE KNOWN AS LA RUE CIRCLE B.6 PW 2012 -034 ABANDON PUBLIC RIGHT -OF -WAY WITHIN THE SNOW HEIGHTS ADDITION, BLOCK 25 - ORDINANCE NO. 3226 B.7 GN 2012 -095 APPROVE PURCHASE OF DUMP TRUCK FROM SOUTHWEST INTERNATIONAL TRUCKS IN THE AMOUNT OF $101,471.46 COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0 -1; COUNCILWOMAN WRIGHT OUJESKY ABSTAINING. C.0 PUBLIC HEARINGS CA RP 2012 -08 PUBLIC 'HEARING AND CONSIDERATION OF A REQUEST FROM JACK ROACH FOR A REPLAT TO CREATE LOTS 20R AND 21 R, BLOCK 12, NORTH RICHLAND HILLS ADDITION (SECOND FILING) ON 0.8035 ACRES AT 7304 AND 7308 DEVILLE DRIVE APPROVED Mayor Pro Tern Lombard opened the public hearing. Mr. Mack Roach, 7308 Deville, applicant, advised he had an opportunity to purchase a small amount of the lot next door at 7304. The purpose of the purchase is to shift the lot line twelve feet between the two properties to allow for better maintenance of his property and to make a garden on the side of his home. Mr. Clayton Comstock, Senior Planner, summarized the item. The Planning and Zoning Commission recommended the replat for approval at their October 18 meeting and Staff is recommending approval. Mayor Pro Tern Lombard called for comments from those in support or opposed to the request to come forward. There being no one wishing to speak Mayor Pro Tern Lombard closed the public hearing. COUNCILMAN WHITSON MOVED TO APPROVE RP 2012 -08. COUNCILMAN RODRIGUEZ SECONDED THE MOTION.. MOTION TO APPROVE CARRIED 7 -0. Councilman Turnage recognized in the audience the following Youth Advisory Committee members: Benton Orr, Chair, Mason Chaney, Secretary; and Spencer Finch, member. C.2 ZC 2012 -11 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LES GALLER FOR A ZONING CHANGE FROM 1 -2 MEDIUM INDUSTRIAL TO CS COMMUNITY SERVICES ON LOT 3R, BLOCK 5, INDUSTRIAL PARK ADDITION AT 5755 RUFE SNOW DRIVE - ORDINANCE NO. 3223 APPROVED Mayor Pro Tern Lombard opened the public hearing. Mr. Clayton Comstock, Senior Planner, presented the item. The City is requesting approval of a city - initiated zoning change on behalf of Les Galler, the property owner, from 12 Medium Industrial District to CS Community Service District at 5755 Rufe Snow Drive. The property is being used for office uses but numerous office uses are specifically not permitted in 12 zoning. The property owner applied for a Certificate of Occupancy for an "insurance agency" which is one of the office uses not permitted. Staff is requesting zoning changes to accommodate appropriate land uses and zoning districts for actual tenants. By changing the zoning to CS, the uses in Mr. Galler's office building will be brought into full conformance. The Planning and Zoning Commission recommended approval of the zoning change on November 1. Mayor Pro Tem Lombard called for comments from those in support of the request. Mr. Les Galler, property owner, spoke in support of the zoning change. Mayor Pro Tem Lombard called for comments from those opposed to the request to come forward. There being no one else wishing to speak, Mayor Pro Tem Lombard closed the public hearing. COUNCILMAN RODRIGUEZ MOVED TO APPROVE ZC 2012 -11, ORDINANCE NO. 3223. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.3 SUP 2012 -06 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THE ATTIC RESALE FOR A SPECIAL USE PERMIT TO ALLOW A SECONDHAND DEALER BUSINESS AT 7205 BOULEVARD 26 - ORDINANCE NO. 3224 APPROVED Mayor Pro Tem Lombard opened the public hearing. Mr. Jimmy Conine, came forward as property manager for the Greater Richland Shopping Center and agent for Quine & Associates, property owner. Mr. Canine spoke in support of The Attic Resale's request for a special use permit to relocate to a larger lease space within the same shopping center. Ms. Sumer Morgan and Ms. 'Della Greener, co- owners of The Attic Resale, came forward presenting their request for a special use permit that will allow them to expand their business by relocating from their existing lease space of 2,100 square feet to a space of 2,890 square feet. Ms. Morgan advised that they would be meeting the record - keeping requirements requested by the City. Mr. Clayton Comstock, Senior Planner, summarized the item. The Planning and Zoning Commission recommended approval on November 1 subject to the 2,890 lease space addressed as 7205 Boulevard 26 as well as the record keeping commitments made by the originator of the SUP request, "The Attic Resale ". Mayor Pro Tem Lombard called for comments from those in support or opposed to the request to come forward. There being no one wishing to speak, Mayor Pro Tern Lombard closed the public hearing. COUNCILMAN WELCH MOVED TO APPROVE SUP 2012 -406, ORDINANCE NO. 3224, APPROVING THE SPECIAL USE PERMIT REQUEST FOR A "SECONDHAND DEALER ", SUBJECT TO THE 2,890 LEASE SPACE ADDRESSED As 7205 BOULEVARD 26 AS WELL AS THE RECORD KEEPING COMMITMENTS MADE BY THE ORIGINATOR OF THE SUP REQUEST, "THE ATTIC RESALE" (LETTER OF AUGUST 27, 2012 FROM "THE ATTIC RESALE" LABELED As EXHIBIT A TO ORDINANCE). COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2011 -04 CONSIDERATION OF A REQUEST FROM THE CITY OF NORTH RICHLAND HILLS FOR A REPLAT TO CREATE LOTS 1R1, 1R2 AND 2R, BLOCK 25, SNOW HEIGHTS ADDITION ON 9.5505 ACRES LOCATED AT THE SOUTHEAST CORNER OF RUFE SNOW DRIVE AND NE LOOP 820 APPROVED Mr. Greg VanNieuwenhuize, Engineer, presented on behalf of the City a request for a replat for city -owned nonresidential property at the southeast corner of Rufe Snow Drive and Northeast Loop 820. It includes the lot occupied by the former Library/Recreation Center building and parking lot, the lot on the corner where the gas station was previously located and the vacant property to the east of the former recreation center. Lot 2R -1 is under contract with Taco Cabana, Lot 1 R2 extends from the Taco Cabana to the former library building and Lot 2R to the former NTB Tire Store. The plat also abandons the access easement from Redondo Street to Loop 820. The Planning and Zoning Commission recommended approval of the replat on November 1. COUNCILMAN WELCH MOVED TO APPROVE RP 2011 -04. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. E.0 PUBLIC 'WORKS E.1 PW 2012 -033 REVISE THE 2012/2013 CAPITAL PROJECTS BUDGET AND APPROVE A CHANGE ORDER IN THE AMOUNT OF $60,593.75 TO THE TRINIDAD DRIVE (RUFE SNOW DRIVE TO HOLIDAY LANE) STREET IMPROVEMENTS PROJECT (ST0909) APPROVED Mr. Greg VanNieuwenhuize, Engineer, summarized the item. Council is being asked to consider a budget revision and change order for the construction of the extension of La Rue Circle. The City is obligated to construct a public street across Lot 8 of Block 22 of the Snow Heights Addition as part of the contract with Gridiron Capital for the sale of the lot at the southeast corner of the intersection of Loop 820 and Rufe Snow. The contract requires the street to be substantially complete prior to January 31, 2013. The new street is to be the extension of La Rue Circle. McClendon Construction is constructing the Trinidad Drive Street Improvements project and is willing to construct the La Rue Circle extension at unit prices similar to the Trinidad project. In order to fund the change order Council is also being asked to approve a budget revision that will authorize the transfer of $61,000 from the Economic Development Department's Loop 820 Redevelopment Program into the Trinidad Project's construction account. COUNCILMAN RODRIGUEZ MOVED To APPROVE PW 2012 -033, REVISING THE 2412/2013 CAPITAL PROJECTS BUDGET AND APPROVING THE CHANGE ORDER IN THE AMOUNT OF $64,593.75 TO THE TRINIDAD DRIVE (RUFE SNOW DRIVE To HOLIDAY LANE) STREET IMPROVEMENTS PROJECT (ST0909). COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.0 GENERAL ITEMS F.1 GN 2012 -097 AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT FOR CONSTRUCTION MANAGER AT RISK FOR NRH MUNICIPAL COMPLEX APPROVED Jimmy Perdue, Director of Public Safety, summarized the item. Council is being requested to authorize the City Manager to execute a Construction Manager at Risk contract with Balfour Beatty Construction in the amount of $32,000 for the Preconstruction Services phase on the new Municipal Complex Project. Upon completion of the design and construction documents at the end of the Pre - Construction phase, the contract will be amended to reflect a Guaranteed Maximum Price. The Guaranteed Maximum Price will include the sum of 1) the Construction Manager's fee for providing Pre - construction Services, 2) costs identified for General conditions, Insurance and Bonds, 3) the Construction Manager's fee for providing construction services; and 4) the actual construction costs associated with the new buildings, infrastructure, and site. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE GN 2012 -0097 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THE CONSTRUCTION MANAGER AT RISK SERVICES FOR THE PRE - CONSTRUCTION SERVICES PHASE AND CONSTRUCTION PHASE SERVICES OF THE NEW MUNICIPAL COMPLEX TO BALFOUR BEATTY CONSTRUCTION. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. F.2 GN 2012 -098 APPOINTMENT TO PLACE 4 TEEN COURT ADVISORY BOARD APPROVED Ms. Patricia Hutson, City Secretary, summarized the item. The City Council is being asked to approve Councilman Barth's nomination of La'Toyia Dennis to Place 4 on the Teen Court Advisory Board. COUNCILMAN TURNAGE MOVED To APPROVE GN 2012 -098 APPOINTING LA'TOYIA DENNIS TO PLACE 4 ON THE TEEN COURT ADVISORY BOARD WITH TERM EXPIRING .TUNE 30, 2014. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Welch made the following announcements. City Hall and other non - emergency offices will be closed on Thursday and Friday, November 22nd and 23rd for the Thanksgiving Holiday. Duncan Disposal will not provide garbage and recycling collections on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will shift to Saturday. The City of North Richland Hills is making it easy for residents to recycle used cooking oil from their holiday feasts. Instead of throwing cooking oils and grease down the drain, which can lead to clogged sewer pipes, residents are encouraged to collect it in a plastic container for recycling. The Public Works Department will collect used cooking oils for recycling November 26th through November 30th. To schedule a pickup or get more information, please call 817- 427 -6457. NRH Santa Cops and the Firefighter's Association are holding a holiday toy and food drive to benefit those who are less fortunate in our community. Residents are encouraged to share in the holiday spirit by dropping off new, unwrapped toys and nonperishable food items to the Police Department or any North Richland Hills Fire Station. Donations will be accepted from Thanksgiving through December 20th. We hope you will give to this worthwhile cause, or to another local charity of your choice. Kudos Korner — Caroline Waggoner in the Public Works Department. The president of a homeowners association sent a letter expressing appreciation for Caroline's help during the widening of North Tarrant Parkway. The letter said Caroline was very involved with the various homeowners and made sure their needs were considered when construction - related issues came up. She remained professional at all times, and was empathetic and understanding. She is a tremendous asset to the city and its residents, the letter stated. H.2 ADJOURNMENT Mayor Pro Tem Lombard adjourned the meeting at 7:39 p.m. Tom Lombard — Mayor Pro Tern Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. B.2 GN 2.012 -099 Renewal of Memorandum of Agreement (MOA) for Vehicle Idling Limitations Presenter: Debbie York, Neighborhood Services Assistant Director Summarv: The current 'Memorandum of Agreement for Vehicle Idling Limitations will expire on January 2, 2013. In order to continue participation in this clean air initiative the MOA must be renewed. Council previously approved this MOA in 2009 and this request is to continue our efforts in reducing emissions from motor vehicles. General Description: The MOA provides enforcement authority to the City of North Richland Hills to implement the State vehicle idling rule. This rule, which was first established in December 2004, places idling limits on gasoline and diesel- powered engines of heavy - duty motor vehicles in any local jurisdiction that has signed a Memorandum of Agreement (MOA) with the Texas Commission on Environmental Quality (TCEQ). As a part of an EPA designated Clean Air Act "Nonattainment Area ", the City of North Richland Hills and most other cities in the region have adopted vehicle idling limitations at the direction of the Texas Commission on Environmental Quality (TCEQ) and U.S. Environmental Protection Agency to improve air quality. This rule prohibits any person in the affected local jurisdiction from permitting the primary propulsion engine of a heavy -duty motor vehicle to idle for more than five consecutive minutes when the vehicle is not in motion. The aim of this program is to lower Nitrogen Oxide (NOx) and other emissions from fuel combustion. Enforcement activities will include identifying target areas, spotting violators, and issuing warn ingslcitations. Recommendation: Renewal of the MOA for Vehicle Idling Limitations in an effort to participate in regional programs aimed at reducing harmful emissions and improving air quality. Memorandum of Agreement Vehicle Idling Limitations in the North Central Texas Area I. Parties This Memorandum of Agreement ( "Agreement ") is entered into between the Texas Commission on Environmental Quality ( "TCEQ ") and the local governments signing this agreement (Local Governments), collectively, the "Parties." 1. The Parties represent that they have the authority to enter into this MOA, including the authority granted in the Texas Government Code Chapter 791 Interlocal Cooperation Contracts. 2. The TCEQ has authority under Section 5.229 of the Texas Water Code and Section 382.033 of the Texas Health and Safety Code to enter into this MOA. 3. The Local Government has authority under Section 382.115 of the Texas Health and Safety Code to enter into this MOA. II. Intent and Purpose The intent of this MOA is to memorialize the agreement between the Parties to implement the following rules aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code ( "TAC ") Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 — 114.512 and 114.517. The parties enter into this MOA for the purpose of delegating rule enforcement from TCEQ to Local Governments and incorporating the emission reductions resulting from the implementation and enforcement of the above- referenced rules into the State Implementation Plan ( "SIP "). III. Definitions As used in this MOA the following terms have the meanings given below 1 . "EPA" shall mean the U.S. Environmental Protection Agency. 2. "TCEQ" shall mean the Texas Commission on Environmental Quality. 3. "Local Government" has the meaning assigned by 30 TAC Section 114.510. 4. "SIP" shall refer to the Texas State Implementation Plan. IV. Background On November 17, 2004, the TCEQ adopted rules concerning locally enforced motor vehicle idling limitations, which are applicable only within the jurisdiction of a Local Government that has signed a Memorandum of Agreement with TCEQ delegating enforcement of the rules. The EPA approved the rules in the April 11, 2005, (Federal Register (70 FR 18308). The rules became effective on June 10, 2005. V. Obligations of Parties (A) The Local Government agrees as follows: 1. In accordance with the terms of this MOA, the Local Government agrees to implement the following TCEQ Rules: a. 30 TAC Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 — 114.512 and 114.517. Changes to these rules shall be incorporated into this Agreement without requiring amendment of this Agreement. 2. The Local Government agrees to submit the following information to the TCEQ for the rules listed above not later than forty -five (45) calendar days after the effective date of this MOA. a. Detailed description of the plan for implementation of these rules; b. Copies of local ordinances or resolutions adopted to implement these rules; and C. Copies of agreements entered between any Local Government and other units of Local Government for the purpose of the implementation of these rules. 3. The Local Government agrees to submit copies of any requisite resolutions under Section 7.352 of the Texas Water Code to the TCEQ fourty -five (45) calendar days after the effective date of this 'MOA or within fourteen (14) calendar days after passage by the local governing body, whichever is later. (B) The TCEQ agrees to consider this MOA for submission to the EPA for inclusion in the SIP. VI. Term and Termination This MOA will become effective upon signature by both Parties and shall expire on December 31, 2018, unless renewed in writing by mutual agreement of the Parties. A Party may withdraw from this MOA at any time upon thirty (30) calendar days written notice to the other Party. This MOA may be terminated at any time by mutual written consent of the Parties. VII, Miscellaneous This MOA represents the entire agreement between the TCEQ and the Local Government and supersedes all other agreements, understandings or commitments, written or oral, relative to the intent of this MOA. This MOA may not be amended or modified except pursuant to a mutual written agreement executed by each of the Parties. This MOA shall be governed by and interpreted in accordance with the laws of the State of Texas. In Witness Thereof, Texas Commission on Environmental Quality and the Local Government, by their authorized officers, have made and executed this MOA in multiple copies, each of which is deemed an original. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY David Brymer Date Director, Air Quality Division [1]11 Was] a►C0]: 9: 1NIs]:1W,1►I1j:III%? By: Mark Hindman Date City Manager M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. B.3 GN 2012 -100 Authorize the Payment of $55,000 to Sam Houston State University for the Second Year Annual Maintenance of CRIMES Law Enforcement Software Package Presenter: Mike Hamlin, Assistant Police Chief Summarv: This agenda item is to authorize payment to Sam Houston State University's Police Research Center for the annual maintenance cost for the CRIMES law enforcement computer software package that is utilized by the North Richland Hills Police Department. General Descrir)tion: In 2011, the North Richland Hills Police Department replaced the Tiburon software product with the CRIMES law enforcement computer software package. The CRIMES software package is a product developed by Sam Houston State University's Police Research Center for law enforcement agencies. The CRIMES information management system integrates modules, related to computer- assisted dispatch, detention, and records management units, into a single software package. This is an annual expense that covers the CRIMES law enforcement software license, system maintenance, training, and related services under the agreement. Because this product is provided by another governmental agency, Sam Houston State University's Police Research Center, any law otherwise requiring competitive procurement does not apply. The pricing for the CRIMES software package is based upon the city's population (2010 Census) and are established at a fixed rate for each law enforcement agency utilizing their software package. The cost for North Richland Hills is $55,000.00 and funding is budgeted in the Information Services' Public Safety Software Maintenance account. Recommendation: Authorize the payment to Sam Houston State University in the amount of $55,000. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. BA PU 2012 -032 Consider Medical Director Contract for Medical Director for North Richland Hills Fire Department Presenter: Stan Tinney, Fire Chief Summarv: Dr. Roy Yamada was selected as the most qualified candidate from those who responded to the RFQ distributed in November 2012. Dr. Roy Yamada has agreed to continue as (Medical Director at the same $30,000 annual cost of the contract expiring December 31, 2012. General Descrir)tion: The North Richland Hills Fire Department distributed a Request for Qualifications (RFQ) for Medical Director in early November with responses due November 26, 2012. We received two responses and both were evaluated and scored by a four person panel. Dr. Roy Yamada was one of the two responders and has served as the Medical Director for the Fire Department for 12 years. Dr. Roy Yamada was selected as the most qualified candidate based on several criteria; 1. Dr. Roy Yamada has served as the Medical Director for the Fire Department for 12 years. 2. Dr. Roy Yamada provides extensive direct personal contact with our first responders, regular participation in meetings involving policy development, case review, dispute resolution, research and routine administration. 3. Dr. Roy Yamada provides extensive training in medical protocol for our EMS personnel as well as advanced skills training, as well as provides our Department with 24 hour, on line medical direction via cell phone. 4. Dr. Roy Yamada RFQ response received the highest score of those responding from the four person panel who reviewed the responses. (155 to 73) 5. Dr. Roy Yamada also serves as Medical Director for NRH2O and is included in this contract. Recommendation: Authorized the City Manager to sign a contract with Dr. Roy Yamada for Medical Direction, in the amount of $30,000.00 per calendar year for two years with two one - year renewal options. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. B.5 GN 2012 -104 Consider Revised Policy on Uses of Revenues from Gas Exploration /Production - Resolution No. 2012 -044 Presenter: Jared Miller, Assistant City Manager Summarv: Council approved the Policy on Uses of Revenues from Gas Exploration /Production on June 26, 2006. This policy revision will consolidate gas exploration and production revenue in the Gas Exploration Drilling Fund in order to facilitate utilization for significant capital projects, such as the municipal facility project. Previously, revenues had been allocated to a variety of specific departments and uses within the Gas Exploration and Drilling Fund. General Description: The Policy on Uses of Revenues from Gas Exploration /Production provides guidelines for how gas exploration and production related revenues could be used. It is important that the City not become over - reliant on these revenues because many of the revenues are one time receipts and those that are not have a finite life with decreasing revenues as time progresses. Three areas of consideration for use of gas revenues are: 1. To use "one time" revenues for one time projects or non - recurring capital needs; 2. To bridge the gap of sales tax revenue reductions; 3. To use the revenues for expanding the City's economic base and use for economic development. There are three categories of revenues; • property taxes /permitting fees /fines • bonuses • royalties/leases/overrides Lease bonuses are one time payments, as are permitting fees and any fines assessed. The ongoing or longer term revenues include property taxes, royalties and overrides. Ideally the one time revenues would be used for significant one time project or capital expenses. Using these revenues for continuing ongoing expenses would not be practical due to their unstable and diminishing nature, and could result in tough decisions in future years. But, that is not to say these revenues cannot be used to help offset revenue losses in other areas, such as sales tax revenue, for a short period of time. These revenues could also help expand existing programs such as the permanent street maintenance program or economic development initiatives. The policy originally included a distribution of gas revenues based on type of revenue as well as location of the gas well. The revised policy consolidates the revenues within the Gas Exploration Drilling Fund in order to better facilitate large scale, one time capital projects, such as the bond supported municipal facility project. Use of these funds were a key part of the capital financing plan for the new municipal project. The attached resolution adopts the revised policy and is consistent with Council guidance regarding gas revenues and the funding of the municipal facility project. Recommendation: Approve Resolution No. 2312 -044 M RH 10*-*QWil0[6]►I►£61111K+ZPZ111LI WHEREAS, the City Council desires to provide guidance for budgeting income from gas well permits and from leases of mineral interests owned by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1: THAT the attached "Policy on Uses of Revenues from Gas Exploration /Production" is hereby adopted. PASSED AND APPROVED this the 1 Oth day of December, 2012. la ATTEST: Patricia Hutson, City Secretary ] 11WKS]M�IQA11:1N[91:IW_1►1N1:III Oscar Trevino, Mayor f_l, �:ZGl ►1=I IFAZ r 0110 N DTI W :1► I Il I Xrl_1 I I wis George A. Staples, City Attorney APPROVED AS TO CONTENT: Jared Miller, Assistant City Manager ATTACHMENT Policy on Uses of Revenues from Gas Exploration /Production December 10, 2012 I. Introduction This policy is established to avoid over - reliance on gas exploration and production related revenues and to establish how the revenues may be used. The reason for caution is that there are no guarantees that the gas wells within the City will .produce a significant or stable source of revenue. Gas exploration and production related revenues decrease over time due to the finite nature of the gas in the ground. Three areas of consideration for use of gas revenues are: 1. To use "one time" revenues for one time projects or non - recurring capital needs; 2. To bridge the gap of sales tax revenue reductions;. 3. To use the revenues for expanding the City's economic base and for economic development. Gas exploration and production related revenues take the form of one time payments. One time revenues, such as bonus money, could be reserved for one time expenditures like significant capital projects, park development projects, or other one time projects. Utilization of these revenues for one time projects could save on the cost of issuing debt as well as interest expense. Bonus money could also be used for capital purchases or provide a temporary, non - recurring infusion of revenue into existing programs such as the preventive street maintenance program or economic development. With the decline of sales tax revenues in recent years, it is reasonable to provide the option to use a portion of the gas revenue to "bridge" the gap of sales tax revenue to fund General Fund services and operations until new sales tax generators come on line. Gas revenues could also be used to offset the declining hotel /motel tax revenue and allow for the expansion of economic development programs such as business attraction and retention and provide dollars for a more aggressive and competitive economic development initiative. II. Tvaes of Revenue The City anticipates receiving revenues from several avenues including property tax, permitting fees, fines, lease bonuses, royalties, and overrides. Bonuses are a "one time" payment, as are permitting fees and any fines assessed. The "ongoing" or longer term revenues include property taxes, royalties and overrides. Because of the nature of bonuses, it would appear impractical to use these revenues for ongoing operations due to the problems created with recurring expenses being funded with "one time" revenues. III. Proposed Revenue Uses Property Taxes /Permitting Fees /Fines Regardless of the location of a gas well, it seems reasonable that the property taxes, permitting fees and fine revenues should go to cover the additional costs incurred as a result of monitoring gas drilling activities. These costs include well inspections, well permitting, publications, and other expenses related to gas drilling permitting, monitoring, and operations. These revenues are reasonable for covering associated operating and program expenses. Bonuses Bonus revenue is not practical for funding ongoing, daily operations. As previously mentioned, bonuses are one time payments that ideally could be used for one -time, project or capital type expenditures. Appropriate one time expenditures could include significant capital projects, park development projects, or other one time projects. Utilization of these revenues for one time projects could save on the cost of issuing debt as well as interest expense. Bonus money could also be used for capital purchases or to provide a temporary, non - recurring infusion of revenue into existing programs such as the preventive street maintenance program or economic development. Rovalties /Overrides Revenues generated from these sources are ongoing but the longevity and certainty of the revenues are unknown. Because of this, caution should be taken in using these revenues for daily operations on an ongoing basis. Too much dependence on these revenues for operations, with the uncertainty of the life of the well, could create some risks and tough decision in future years. However, these revenues could potentially offset some of the sales tax dollars that have been lost over the last few years of challenged retail activity. They could "bridge the gap" until sales tax revenues increase. Royalty and override revenue could also be used to offset the declining hotel/motel tax revenue and allow for the expansion of economic development programs such as business attraction and retention and provide dollars for a more aggressive and competitive economic development initiative. It has become more and more challenging to maintain a quality economic development program with the diminished revenues, much less have funds available to expand programs. IV. Distribution of Revenues All revenues derived from gas exploration and production will be allocated to the Gas Exploration Drilling Fund in total for the uses described above. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. B.6 PU 2012 -033 Consider Integrated Forensic Laboratories Contract for Forensic Testing Services for North Richland Hills Police Department Presenter: Mike Hamlin, Assistant Police Chief Summarv: The purpose of this item is to renew the annual contract between the Police Department and Integrated Forensic Laboratories (IFL). The contract commences on January 1, 2013 and terminates on December 31, 2013. The contract amount for 2013 is $52,759.44 (or $4,396.62 per month). General Description: The North Richland Hills Police Department has contracted with Integrated Forensic Laboratories since 2007 to conduct various types of analytical services for criminal investigations and prosecutions. The services included in the contract are drug analysis (controlled substance testing and identification), blood alcohol content testing and quantification, serological processing (bodily fluid identification). Other tests, analysis, and procedures are available, as needed, and are set at a pre - determined published price. Staff has researched other available sources for this type of service. IFL offers a full suite of forensic services, including blood alcohol content testing, serology and DNA, controlled substances, firearms, tool marks, and impression evidence. IFL, an accredited crime lab, is locally located in Euless, Texas. IFL can report or offer findings on most forensic evidence in two weeks. IFL offers 24 -hour on call service. Funds for this contract are budgeted in the Police Department's Lab Fees and Supplies account. Recommendation: To authorize City Manager to execute contract with Integrated Forensic Laboratories Integrated Forensic Laboratories TM 901 Clinic Dr. Ste. DI 10 (8 17) 553 -6565 ANSWERS NOW 3RD Euless, Texas 76639 (817) 553 -6567 Fax wwwitlahs.co m Contract State of Texas Tarrant County WHEREAS, the City of North Richland Hills, Texas, Hereinafter referred to as the City, wishes to obtain forensic lab and crime scene services for its Police Department, hereinafter referred to as the Department; and WHEREAS, Integrated Forensic Laboratories, Inc. hereinafter referred to as IFL, wishes to provide those forensic services to the Department; WITNESSETH 1. This contract, hereinafter referred to as the Contract, is made and entered into by and between the City, acting herein by and through its duly authorized representative, and IFL, acting herein by and through an authorized representative, for and in consideration of the mutual covenants and undertakings herein expressed. I FL will provide analytical services within its capability for the Department in all criminal investigations, as requested by the Department. IFL will provide such services in a timely fashion and will issue written reports which reflect the results of such services to the Department. Further, IFL will offer testimony in any criminal proceeding in court to relate the results of the analyses. The services included in this contract are; drug analysis (controlled substance testing and identification), blood alcohol content testing and quantification, serological processing (bodily fluid identification). Other services, hereinafter referred to as Other Services, include fingerprint development, firearms and toolmark comparisons, impression evidence, and fire debris analysis, Other Services that are available to the City, but are not included in the contract, will be billed at 90% of the current published IFL fee schedule. Services do not include any analyses of exhibits from cases involving any drug or narcotics task force. IFL does not include as part of this offer any evidence collection kits. All costs of any DNA testing, toxicology testing, and' photographic or videographic documentation of results or exhibits and costs for special repackaging of evidence, such as hypodermic syringe protective packaging, shall be borne by the City. The Department retains the right to send any DNA or Toxicology evidence to the lab of its choice. Once IFL is notified of the decision, IFL will deliver that evidence to the lab at no additional cost to the City. .An ASCLOILAB ACCREDITED LABORA TORY.., e I nteg rated 901 Clinic Dr, Ste, Di 10 Euless, Texas 76039 Forensic Laboratories TM lSi71553 -6565 A �W� Q TM (817) 553 -6567 Fwi www.iflabs.com The City will pay IFL the sum $ 4,396.62 per month. iFt_ will issue the City an invoice on or about the first day of the month after the month for which the services were provided. The invoice will include the monthly contract amount of $ 4,396.62, and any additional charges payable as related move, including photographic and videographic costs, kits, and any expendable supplies. Payment to IFL shall be issued by the City, within thirty days, upon receipt of an invoice from IFL. 4. Any notice required under this Contract shall be effective if addressed to the party receiving the same at the following address_ a, if to IFL: integrated Forensic Laboratories, Inc. 901 Clinic Dr.. Ste, D110 Euless, TX 76039 b. If to the City: City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 5. IFL agrees and covenants that the lab will not assign all or any part of its rights, privileges or duties or interest under this Contract without first obtaining the written consent of the City. Any attempt to assign all or any part hereof without first obtaining such prior consent by the City shall be void. 6. Except as provided above, it is expressly understood and agreed that IFL shall operate hereunder as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative, or employee of the City; that IFL shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and' invitees; that the doctrine of the respondent superior shall not apply as between the City and IFL,; and that nothing herein shall be construed as creating a partnership or joint enterprise between the City and IFL. This Contract constitutes all of the agreement between the parties, and there are no other written or oral agreements pertaining to this undertaking or the compensation therefore. This Contract shall become effective January, 1 2013 and shall expire on the last day of December 2013, unless canceled. This Contract can be cancelled by a mutual agreement between the City and IFL, or by either party upon 90 days written notice without cause, or by either party upon 30 days written notice for cause. 8. Should a dispute arise both IFL and the City agree to mediate the dispute using a mutually agreed upon independent mediator. An ASCLD/LAB ACCREDITED LABORATORY... (IFL Integrated forensic Laboratories TM 401 Clinic Dr. Ste. DI 14 (817) 353 -6565 ANSWERS NOW Ins Euless, Texas 76039 (9 17) 553 -6567 Pax m 5 \'.I{13bs,i{7137 This Contract made and entered into this day of 20 Claire Fazio rf Director of Business Operations Integrated Forensic laboratories, Inc. For the City Title Approved as to form, City Attorney For the City ...An ASCLDILAB ACCREDITED LABORArORY... M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. B.7 GN 2012 -101 Authorize a one year contract extension with Republic Waste Services of Texas, Ltd. for solid waste and recycling services Presenter: Karen Bostic, Assistant City Manager Summarv: The City's five year contract for solid waste and recycling collection services with Republic Waste Services of Texas, Ltd., expires on January 31, 2013. The contract includes the option to extend the contract for two additional one year terms. General Description: On December 10, 2007, City Council approved a contract with Republic Waste Services of Texas, Ltd. to provide solid waste and recycling collection services to the City of North Richland Hills. The contract was for a five year period beginning February 1, 2008 and ending January 31, 2013. Included in the contract is an option to extend the contract for two additional one year terms, which staff is recommending Council approve tonight. All conditions included in the current contract would remain in place with the extension. Contract terms include: • Two times a week "take all" service on Monday/Thursday or Tuesday /Friday • Once a week residential curbside recycling on one of the regularly scheduled trash days • Annual adjustment to rates equal to 3.25% or DFW CPI, whichever is greater, but not to exceed 4.5% • Curbside Christmas tree collection, plus central drop -off locations • $15,000 donation each year to Keep NRH Beautiful • $10,000 per year donation for senior programming • Landfill privileges for residents at a discounted rate • Dedicated route supervisor for City of North Richland Hills Overall satisfaction with the Republic's performance has been good, however„ staff has had occasional concerns about Republic's customer service attitude and the inconsistency with which Republic runs its routes. Staff has been assured that these concerns will be addressed. A letter from Republic is attached indicating their desire to exercise the first one -year extension to the current contract. Recommendation: Authorize a one year extension to the Solid Waste and Recycling Collection contract with Republic Waste Services of Texas, Ltd. ® � REPUBLIC wASTiz smvims OF TF1EXAS L7 D. November 13, 2012 Ms. Karen Bostic Assistant City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, TX 76180 Re: Contract Renewal Bear Ms. Bostic, T am writing you in regard to the Solid Waste and Recycling Collection Contract between the City of North Richland Hills "City and Republic Waste Services of Texas, Ltd. "Republic ". As you know, the current term of the agreement is due to expire January 31, 2013. Under Section 2 of the Contract, there are two options to renew the contract for a period of one -year per option. Please accept tllis letter as official notification of Republic's desire to exercise the first one -year renewal option. The second page of this letter includes an executable agreement should the City desire to mutually agree to the renewal option,.. At Republic, we understand that the delivery of consistent high quality service is paramount to our success as an organization and in developing a mutually beneficial partnership with the North Richland Hills community. We hope we have been able meet the expectations of city staff, city officials and the citizens of North Richland. Hills. Please feel free to contact me with any questions you may have. Respectfully, Vince Hrabal Municipal services Manager Republic Services - 1 - 1212 HARRISON AVENUE ♦ ARLINGTON, TEXAS 76011 RENEWAL OF SOLID WASTE AND RECYCLING COLLECTION CONTRACT WHEREAS, the City of North Richland Hills, "City ", and Republic Waste Services of Texas, Ltd. "Republic ", entered into a Contract for the provision of Solid Waste and Recycling Collection Services effective February 1, 2008 and; WHEREAS, Section 2 of the Contract allows for a one -year renewal option, and WHEREAS, the City and Republic having expressed their desire to exercise said option, hereby mutually agree to the following: The City of North Richland Hills and Republic Waste Services of Texas mutually agree to extend the Solid Waste and Recycling Collection Contract dated February 1, 2008, under the same terms and conditions as provided for under said contract for a period of one year. IN WITNESS WHEREOF, the parties have executed the first renewal term of this contract upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS By: City Manager Date: Attest: City Secretary APPROVED AS TO FORM Attorney for the City REPUBLIC WASTE SERVICES OF TEXAS, LTD. . Area President Date: Attest: Title: -2- M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. B.8 GN 2012 -103 A Resolution Authorizing Execution of an Interlocal Cooperative Agreement requesting North Central Texas Council of Governments to Pursue Development of the Cotton Belt Rail Project Utilizing Senate Bill 1048 ( "Public and Private Facilities and Infrastructure Act ") - Resolution No. 2012 -047 Presenter: Mark Hindman, City Manager Summarv: Council is being asked to enter into an Interlocal Cooperative Agreement (ILA) with the North Central Texas Council of Governments (NCTCOG) the authority to act on behalf of the City to receive and evaluate proposals for funding and constructing the proposed Cotton Belt Corridor rail system utilizing a public- private partnership under the authority created by Senate Bill 1048 ("Public and Private Facilities and Infrastructure Act "). Approval of this ILA would reflect the City's interest in pursuing this type of approach to provide regional rail service that includes station access in North Richland Hills. It would not commit the City to any future funding or further participation in the Cotton Belt Corridor project. General Description: Providing a multi -modal transportation system has been a goal for North Richland Hills for several years in order to improve the quality of life for residents and to enhance economic development opportunities. In 2009, the City completed a study and established the Iron Horse and Smithfield Transit Oriented Districts (TODs). Both areas are centered around future rail stations located on the Cotton Belt rail line. One of the regional rail concepts is a 62 -mile long route that runs from far southwest Fort Worth north through North Richland Hills to DFW Airport and then east to Plano and the Highway 75 corridor. The route runs through 12 cities with 19 proposed stations. The proposed rail stations in the Iron Horse and Smithfield TOD's are included in these plans. This rail system would provide important connections from North Richland Hills to downtown Fort Worth, DFW Airport as well as multiple locations in the Dallas area via connections to DART's Green and Red commuter rail lines. This rail line has been named the Cotton Belt Corridor Rail Line. The T is currently working on a federal grant funded rail for the western portion of regional rail route from downtown Fort Worth to DFW Airport, which they are calling the TEX -Rail line. The system running east from the airport is not on DART's master plan for at least 25 years. While establishment of the western segment from downtown Fort Worth to the airport would be valuable, the value grows exponentially when the system is extended to the east and connects with the DART system. As proposed, the TEX- Rail line would be a portion of the Cotton Belt Corridor Rail Project. While the importance of the rail line is evident, the challenge for the region is finding an equitable funding source for the project and establishing a means for coordinating the rail line with 12 cities, two counties and two transit agencies. To further complicate matters, some cities are members of either The T or Dart, while other cities, such as North Richland Hills are not members of a transit agency. In addition, DART is funded by a 1 % sales tax while The T is funded with only a .5% sales tax. In an effort to bridge the various gaps in this project, the North Central Texas Council of Governments (NCTCOG) organized a study group to look at creative options for funding and governing a regional rail system. This group published the Innovative Finance Initiative (iFi) Cotton Belt Corridor Phase I Final Report in December 2411. The iFi approach focuses on funding the rail project through various means of capturing tax value growth related to the rail line through the establishment of a Municipal Management District (MMD) as authorized under Chapter 375 of the Local Government Code. This special district would require establishment by the Texas Legislature. A MMD is governed by a board appointed by the various governmental entities involved and possesses the authority to levy assessments and taxes related to its designated purpose. This district would utilize economic development tools such as: tax increment financing districts, tax abated reinvestment zones, enterprise zones and industrial districts to capture the value growth related to the rail line. Drafts of proposed legislation creating this district are currently being reviewed by the entities involved, but there are a number of issues that need to be resolved before it will be recommended for approval by the cities involved in the district. Following the issuance of the Innovative Finance Initiative (iFi) Cotton Belt Corridor Phase I Final Report a private sector group approached the NCTCOG indicating their willingness to submit a proposal for funding and constructing the proposed rail system utilizing a public- private partnership (PPP) under the authority created by Senate Bill 1448 approved by the Texas Legislature in 2411. In order to coordinate the proposal process for all of the entities involved, NCTCOG Executive Board authorized the NCTCOG to serve as the Responsible Government Entity (RGE) to receive and evaluate the proposal on behalf of all of the entities involved. The item before you today is a resolution authorizing an ILA granting the NCTCOG the authority to act on behalf of the City to receive and evaluate the proposal from the private sector group or other groups which elect to submit proposals. Approval of this ILA does not commit the City to any future funding or further participation in the Cotton Belt Corridor project. What is does is reflect the City's interest in pursuing this type of approach to provide regional rail service that includes station access in North Richland Hills. A resolution supporting legislative establishment of a special district to fund and manage the Cotton Belt Corridor Rail project will be presented to the City Council at a future meeting following more detailed review of the legislation and discussions with other cities involved in the project. Funding the rail program through development that is related to the rail line is a logical and fair plan that would not require the shifting of currently allocated funding sources. While there are many unanswered questions regarding this approach, at this paint, it appears that an approach of this nature may be the only feasible means for North Richland Hills to participate in the regional rail program. Recommendation: Staff recommends approval of the Resolution No. 2012 -047. "RH IN:Piol Will 9ED] I,I I,[•1willPZIZIYi RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REQUESTING NCTCOG TO PURSUE DEVELOPMENT OF THE COTTON BELT RAIL PROJECT UTILIZING SENATE BILL 1448 ( "PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE ACT ") WHEREAS, the North Central Texas Council of Governments ( NCTCOG) is a Regional Planning Commission operating under Local Government Code Chapter 391; and WHEREAS, NCTCOG has been approached by a private - sector developer which has formally communicated interest in developing the Cotton Belt Passenger Rail Project; and, WHEREAS, Senate Bill 1048 ( "Public and Private Facilities and Infrastructure Act ") authorizes public- private partnerships by eligible governmental entities in the State of Texas, including Regional Planning Commissions, and establishes the framework and processes required to enter into such arrangements; and, WHEREAS, Senate Bill 1048 enables a Responsible Governmental Entity to receive solicited or unsolicited proposals, encourages competition by requiring posting of and acceptance of competing proposals for a qualifying project, calls for collaboration with affected jurisdictions in which all or part of a project is located, and permits award of interim and/or comprehensive project development agreements; and, WHEREAS, in order for NCTCOG to qualify as the Responsible Governmental Entity and assist the region in advancing development of the Cotton Belt Passenger Rail Project agreements with member governments along the corridor statutorily authorized to develop passenger rail projects is necessary; and, WHEREAS, City of North Richland Hills supports innovative approaches to infrastructure delivery and desires to contract NCTCOG to utilize Senate Bill 1048 to procure a public- private partnership to develop the Cotton Belt Passenger 'Rail Project, in whole or in part, on its behalf; and, WHEREAS, this innovative public- private partnership approach to develop the Cotton Belt Passenger Rail Project, if proven successful, could provide a model for development of future high- priority passenger rail corridors in the region; and, WHEREAS, NCTCOG, Dallas Area Rapid Transit (DART), Fort Worth Transportation Authority (The T), and Denton County Transportation Authority ('DCTA) have developed a joint procurement process under Senate Bill 1048 and Texas Transportation Code Chapter 452 to develop the Cotton Belt Passenger Rail Project which involves city representation in the evaluation process. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: Section 1. City of North Richland Hills requests and authorizes NCTCDG to develop the Cotton Belt Passenger Rail Project on its behalf as the Responsible Governmental Entity utilizing Senate Bill 1048 to procure a public - private partnership jointly with DART, The T and DCTA. Section 2. This Resolution shall be transmitted to NCTCOG and all affected jurisdictions along the corridor. Section 3. The City Manager or designee is authorized to execute agreements to effectuate this Resolution in the name of City of North Richland Hills. Section 4 This motion shall be in effect immediately upon adoption. PASSED AND APPROVED this the 10th day of December, 2012. la ATTEST: Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor r,1 ;a,:t91►►=1 11F:1 11911 to] N k►, IF-11 ► I •l I *0:► I I wiii George A. Staples, City Attorney INTERLOCAL COOPERATIVE AGREEMENT Between CITY OF NORTH RICHLAND HILLS And THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS For PROCUREMENT OF PUBLIC- PRIVATE PARTNERSHIP TO DEVELOP THE COTTON BELT PASSENGER RAIL PROJECT This AGREEMENT (the "Agreement ") is by and between City of North Richland Hills ( "LOCAL GOVERNMENT"), a home rule municipality located in Tarrant County, Texas; and the North Central Texas Council of Governments ( "NCTCOG "), the Regional Planning Commission for the 16-County North Central Texas Region created and existing under Chapter 391 of the Texas Local Government Code, acting by and through their duly authorized representatives. WHEREAS, the Cotton Belt Passenger Rail Project is located wholly or partially within the territory of LOCAL GOVERNMENT; and, WHEREAS, LOCAL GOVERNMENT is a NCTCOG member government and is interested in development of the Cotton Belt Passenger Rail Project; and, WHEREAS, LOCAL GOVERNMENT possesses certain statutory powers to develop or operate passenger rail projects; and, WHEREAS, NCTCOG may contract with member governments to perform services, and, WHEREAS, LOCAL GOVERNMENT desires to contract NCTCOG to utilize Senate Bill 1048 as the Responsible Governmental Entity to procure a public- private partnership to develop the Cotton Belt Passenger Rail Project, in whole or in part, on its behalf and jointly with a Local Government Corporation created by the transit authorities; and, WHEREAS, this Agreement was authorized by Resolution of the LOCAL GOVERNMENT City Council at its meeting on December 10, 2012; and, WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides authority for LOCAL GOVERNMENT and NCTCOG to enter into this agreement for the provision of governmental functions and services of mutual interest. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties agree as follows: 1.00 Definitions 1.01 Cotton Belt Passenger Rail Proiect. "Cotton Belt Passenger Rail Project" refers to the approximately fit -mile passenger rail project, or any subsection thereof, from southwest Fort Worth to Plano. 1.02 Senate Bill 1048. "Senate Bill 1048" refers to the Public and Private Facilities and Infrastructure Act passed by the 2011 Texas Legislature and effective September 1, 2011. 1.03 Responsible Governmental Entity. "Responsible Governmental Entity" means a governmental entity that has the power to develop or operate an applicable qualifying project as defined in Senate Bill 1048. 1.04 Local Government Corporation. "Local Government Corporation (LGC)" means a corporation incorporated to act on behalf of one or more transit authorities as provided by Subchapter D of Texas Transportation Code Chapter 431. 1.05 Transit Authorities. "Transit Authorities" collectively refers to Dallas Area Rapid Transit (DART), the Fort Worth Transportation Authority (The T) and the Denton County Transportation Authority (DCTA). 2.00 Purpose. The purpose of this Agreement is to request and authorize NCTCGG to utilize Senate Bill 1048 and act as the Responsible Governmental Entity ( "RGE ") to procure, on behalf of LOCAL GOVERNMENT and similarly with other affected member governments, a public- private partnership to develop the Cotton Belt Passenger Rail Project. The procurement will be jointly undertaken by NCTCGG, authorized and representing LOCAL GOVERNMENT as the RGE, and Local Government Corporation (LGC), as lead for the transit authorities. 3.00 Term and Termination 3.01 Initial Term. The Initial Term of this agreement shall begin on the date executed by the last of the Parties and shall end on December 31, 2014. 3.02 Termination. This Agreement may be terminated by either Party one hundred eighty (1'80) days after written notice of termination is delivered by the Party desiring to terminate the Agreement to the other Party at the address provided herein. 4.00 NCTCOG Duties 4.01 Procurement Role. NCTCOG agrees to initiate statutorily required actions, upon execution of an appropriate number of agreements with member governments along the rail corridor, to become the Responsible Governmental Entity under Senate Bill 1048 for development of the Cotton Belt Passenger Rail Project. Once effective, NCTCOG will initiate procurement of a public- private partnership jointly with LGC, including receipt of solicited or unsolicited proposals, posting of and acceptance of competing proposals, proposal evaluation, and all other actions up to and including execution of an Joint Interim Award with the selected private - sector proposer. 4.02 Joint Procurement Process. Described generally: a. NCTCOG and LGC will jointly receive any unsolicited proposal that may be submitted for the Cotton Belt Passenger Rail Project with concurrent delivery to all affected jurisdictions along the corridor by the private sector proposer as required by Senate Bill 1048. b. NCTCOG and LGC will adopt common guidelines and evaluation criteria to govern the Joint Procurement Process. c. LGC will take the lead on publication of a joint RFP and subsequent receipt of proposals. d. Proposals will be evaluated through a Joint Evaluation Committee, consisting of representatives from DART, NCTCOG as the RGE, cities and transit authorities. e. LGC will take the lead on the technical evaluation of any proposals. f. NCTCOG, as the RGE, will take the lead on the financial evaluation of any proposals. g. LGC, under Texas Transportation Code Chapter 452, and NCTCOG, as the RGE under Senate Bill 1048, will make a Joint Interim Award following approval by their respective governing bodies and considering the recommendations of the Joint Evaluation Committee. NCTCOG will coordinate with all affected member governments when carrying out these functions. 4.03 Limitations. NCTCOG will not execute a Comprehensive Award, as that term is defined in Senate (Bill 1048, with the selected proposer. The project governance structure, which is yet to be determined, will execute any final Comprehensive Award. 5.00 LOCAL GOVERNMENT Duties 5.01 Authorization. LOCAL GOVERNMENT covenants that it possesses statutory powers to develop passenger rail projects in its jurisdiction and authorizes NCTCOG, acting on its behalf as the Responsible Governmental Entity, to develop the Cotton Belt Passenger Rail Project through procurement of a public-private partnership utilizing Senate Bill 1048. This includes all actions and processes contemplated in Senate Bill 1048 up to and including execution of an Interim Award. 5.02 Proiect Governance. LOCAL GOVERNMENT does not indicate favor or commit to any project governance structure under this Agreement. LOCAL GOVERNMENT agrees, however, to participate in discussions and understands collaboration among affected corridor jurisdictions and transit authorities is needed to reach consensus on governance and representation. Support of any governance structure is subject to future approval by the LOCAL GOVERNMENT. 5.03 No Financial Commitment. LOCAL GOVERNMENT does not commit any financial resources to NCTCOG under this Agreement. 5.04 No Eauitv Position. LOCAL GOVERNMENT does not indicate support of or commit to any strategy or position addressing equity among jurisdictions along the corridor as part of this Agreement. 5.05 Proiect Parameters. LOCAL GOVERNMENT does not commit to any project design, alignment or station locations under this Agreement. 5.05 No Fourth (4 Transit Authority. NCTCOG's role as the Responsible Governmental Entity under this Agreement is expressly limited to the Cotton Belt Passenger Rail Project and does not constitute, nor does LOCAL GOVERNMENT or NCTCOG support, creation of a fourth (4 transit authority in the region. 6.00 Indemnification. LOCAL GOVERNMENT and NCTCOG agree that each Party is responsible for its individual acts and deeds as well as the acts and deeds of their contractors, employees, representatives and agents. 7.00 Force Maieure. Force Majeure means any circumstance that is reasonably beyond the control of the Party obligated or permitted under this Agreement, and includes, but is not limited to reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or the action or failure to act of any person or entity that is not a Party to this Agreement. It is expressly understood and agreed by the Parties that if the performance of any duty or obligation under this Agreement is delayed by Force Majeure, regardless of whether any such circumstance is similar to any of those enumerated in this paragraph, the Party so obligated or permitted shall be excused from doing or performing the same during such period of delay or, in the alternative, the Parties may agree in writing to the performance of a substantially equivalent substitute. 8.00 Contractual Relationshia. It is understood and agreed that the relationship described in this Agreement between the Parties is contractual in nature and is not to be construed to create a partnership of joint venture or agency relationship between the Parties. Nor shall any Party be liable for any debts incurred by the other Party in the conduct of such other Party's business or functions. 9.00 Miscellaneous Provisions 9.01 Compliance with Regulations. During the performance of this Agreement, each Party, for itself, its assignees, and successors agrees to comply with all applicable local, state, and federal regulations. 9.02 Cautions. The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 9.03 Disputes. LOCAL GOVERNMENT and NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. 9.04 Governinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. 9.05 Notice. Notices to either Party by the other Party required under this Agreement shall be in writing and delivered to the addresses shown below. A copy shall concurrently be provided to the Contact Person, provided on the Agreement Cover Sheet, of the Party receiving notice. CITY OF NORTH RICHLAND HILLS Mark Hindman, City Manager P.O. Box 820609 North Richland Hills,Texas 76182 NCTCOG Name, Title Address City, State Zip The above contact information may be modified without requiring an amendment to the Agreement. 9.06 Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 9.07 Assignment. Neither Party may assign this Agreement in whole or in part, without first obtaining the written consent of the other Party. 9.08 Number and Gender. Whenever used herein, unless the context otherwise provides, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders. 9.09 Severabilitv. In the event anyone or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 9.10 Meraer and Amendment. This instrument constitutes the entire agreement of the Parties with respect to the matters contemplated herein and supersedes all prior understandings and agreements regarding such subject matter. This Agreement may be modified or amended only in writing, signed by all Parties hereto. 9.11 Effective Date. This Agreement shall be effective on the date this Agreement is signed by the last of those required to sign this Agreement. 9.12 Nondiscrimination. In its performance of this Agreement, LOCAL GOVERNMENT and NCTCOG each warrants that it shall not discriminate against any person on account of race, color, sex, religious creed, age, disability, ethnic or national origin, or veteran status. 9.13 No Waiver. Neither Party shall be deemed by any act or omission to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the waiving Party, and then only to the extent specifically set forth in such writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. EXECUTED by the Parties in duplicate originals. CITY OF NORTH RICHLAND HILLS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS Mark Hindman City Manager R. Michael Eastland Executive Director Date: Date: M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. C.0 PUBLIC HEARINGS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. C.1 SUP 2412 -45 Public Hearing and Consideration of an Appeal for a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Anejo Gas Well Pad Site on 5.989 acres described as Tract 3D in the William Cox Survey at 7100 Davis Boulevard. - Ordinance No. 3225 Presenter: John Pitstick, Director of Planning CASE SUMMARY: Chesapeake Energy is making an appeal to City Council because of a recommended denial from the Planning & Zoning Commission for a Special Use Permit for a 1.962 acre gas drilling and production pad site on a 5.989 acre tract at 7100 Davis Boulevard for the proposed Anejo gas well pad site. Chesapeake Energy is requesting to drill 7 gas wells from this site. A total of 25 single family properties and 3 vacant commercial sites fall within 200 feet of the 5.9 acre zoning tract. Staff has received letters against this request from 12 single family property owners and 2 adjacent vacant properties which represent more than 20 % of the property area within 200 feet and will require a super majority vote from City Council for approval of this request. Staff has also received letters and support cards from approximately 450 mineral owners within the proposed Grove and Anejo pool boundaries with potential access to minerals from the Anejo site. The Anejo unit area includes 449 acres generally east of Davis between Rumfield on the north and Mid Cities Boulevard on the south. The proposed Grove unit area includes 474 acres of property generally on the west side of Davis Boulevard. (Please see attached maps) These mineral pool boundaries can change prior to actual drilling. The Planning & Zoning Commission denial was primarily based on immediate neighborhood opposition and inadequate grading with potential for flooding and concentrated runoff along Brookhaven Drive. The proposed Anejo pad site has been reduced from 14 proposed wells to 7 wells by Chesapeake Energy in an effort to provide natural tree buffers along Davis Boulevard. Chesapeake has also offered to lease a portion of the natural area to the rear of the site adjacent to Brookhaven and Brookview to the neighborhood for their access and use. It appears that most of the directly affected neighborhood is not interested and not supportive of this request. The current request includes extensive tree removal and steep slopes for grading. Substantial tree mitigation fees and potential storm sewer piping connecting into Brookhaven Drive should also be required if this request is approved. Since this is an SUP request a Site Plan must be provided at this time. During the review of the Site Plan it was determined that the side slopes being proposed do not meet the criteria adopted in the City's Public Works Design Manual. The side slopes being proposed are 3 to 1 and the city criteria requires that side slopes be no steeper than 4 to 1. This is not necessarily an unfavorable situation because in some causes the steeper slopes reduce the number of established trees that need to be removed. But staff believes that in some situations the slopes can be terraced with landscaping to avoid the steeper slopes and be able to meet the city criteria. In addition the current drainage plan does not work without offsite drainage easements. As it stands today without the offsite easements the drainage plan violates the city's drainage criteria and discharges runoff onto private property. If the SUP is approved then the development of the pad site would not be able to begin until these two issues are brought into compliance. SUP Process: The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. The SUP process enables the City to address concerns regarding such issues as visibility and aesthetics. The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff for each of the proposed gas wells. This permitting process requires the gas operator to demonstrate compliance with the technical details, safety issues and the other regulations indicated in Chapter 104. EXISTING ZONING: The property is currently zoned CS (Community Services) which is typically appropriate for office, retail and restaurant uses visible and accessible from Davis Boulevard. Most of the immediately surrounding property is heavily wooded and not currently developed. REVIEW OF GAS WELL REGULATIONS: The Special Use Permit process cannot relax any regulations and as such, approval of an SUP does not grant any variances to the requirements mandated by Chapter 104. The SUP Site Plan indicates 39 single family homes within 600 feet of proposed gas wells. Because of the community regulation of 600 feet, staff is notifying all properties within 600 feet as part of the SUP process and is welcoming comments from any affected properties as part of this SUP process. The Gas Drilling & Production regulations require that all gas wells are to be located at least 600 feet from any habitable structures. The Gas Board may grant variances down to 300 feet through a public hearing process. Any properties between 300 feet and 150 feet to a proposed gas well must give written permission for the gas company to proceed with the variance process through the Gas Board. However, based on previous approvals for the existing 7 gas well pad sites, no gas drilling setback approval has been granted with any opposition from directly affected property owners within 600 feet of all proposed gas wells. REVIEW OF GAS DRILLING OPERATIONS: Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. Different subsurface geology can cause more directional focused drilling along fracturing lines. Drillinq operations include the initial vertical penetrations of approximately 5,000 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the drill hole. Drilling typically lasts 30 days and involves 24 hour operations which includes the erection of major drilling towers, installation of sound reducing devices, drilling and other activities. Fracturina operations involve pumping massive amounts of pressurized water and sand into the drill hole that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days. Gas pipelines are required to be constructed in order to get the gas transported to market they must be built directly to the gas well site and connected and distributed to major markets. Production is the final process and generally a quiet activity whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does however require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. REVIEW OF THE ANEJQ PAD SITE SUP SITE PLAN: The specific SUP for a gas well pad site includes the following information. Conceptual Development Plan- One of the primary requirements of the SUP for gas well sites is to provide a master development plan to ensure that the gas well site does not hamper or burden the land use and building potential of the property. The Anejo site is only proposed for gas wells with no additional development. Previous approved plans for the Rick pad site included the potential for office buildings that could effectively screen traffic from the traveling public. Drillinq Site Plan — The drilling site plan indicates the potential for 7 gas wells with an 8 foot masonry wall around the pad site and extensive grading with grass slopes. Chesapeake is trying to maintain a natural tree buffer around the proposed pad site which includes about 40 feet from Davis Boulevard and approximately 100 foot natural buffers on the south and east sides. The north side of the site will have exposed slopes. Production Site Plan — The production site plan indicates direct access on the north side of the site with an internal fire lane and production equipment and tanks on the southeast corner of the pad site. Masonry Wall details — The site plan indicates an 8 foot ashlar wall pattern similar to the masonry walls around the TCCD pad site. A similar masonry wall will also be required around the proposed gas valve station directly connected to the south end of this pad site. Drainaqe Area map — Significant grading is proposed that cuts the top off of a heavily treed area with side slopes that will be difficult to maintain. The drainage area map indicates that the proposed 33% slopes which are in excess of the City's required 25% slopes. Plans indicate the installation of interior berms that will cause drainage to be released at a concentrated point which could cause erosion and could affect the surrounding neighborhoods to the east and south of the pad site which are below the site and will have to accept the drainage runoff. Transportation Route — The plan indicates the access off of Loop 820 traveling up Davis Boulevard for all truck traffic. This route is appropriate because it only uses freeways and major arterials. Landscape Plan — The landscape plan proposes removal of almost half the trees onsite to build the gas well pad site. Because of steep slopes the plans call for turfed grass areas for the slopes. The site plan indicates natural tree buffers on the west, south and east sides of the site. Preliminary estimates based on the tree mitigation plan indicate somewhere above $250,000 in tree mitigation costs or equivalent new tree replacement. It will be difficult to provide required tree replacement either onsite or offsite in an adequate or meaningful way. Line of Siaht plan — The line of sight views provided in the packets do show that any proposed tanks will be screened from the surrounding properties. However, there are major view corridors primarily from the north on Davis Boulevard that will show clear cutting of trees with visible steeper slopes. Photometric Analvss — The photometric analysis indicates that no light should affect the existing adjacent neighborhood or the traveling public on Davis Boulevard. Pipeline Route — The proposed pipeline connection indicates a connection with the existing pipeline off the northwest corner of Dick Faram Park. The proposed route goes southward on Davis, goes east on Odell and bisects the Smithfield TOD area across Northeast Parkway and then crossing the Cottonbelt trail and railline to the southside of Amundson. Staff has also not seen verification of approval by property owners of the proposed pipeline easement route. Frackina Plan — Frack water is being provided with the use of portable truck tanks that will occur within the site. This does not affect the property with a water pond or tank, but does require significant staging and coordination of portable water tanks during the fracking operation. STAFF CONSIDERATION: The proposed Anejo Pad Site is in an area that has naturally mounded topography with extensive native oak trees. It is also an area that is currently zoned CS (Community Services) which would allow for retail, restaurant and office uses typical along a busy arterial such as Davis Boulevard. To effectively utilize this site for any proposed commercial use some trees will have to be removed and the topography will have to be changed. However, based on any SUP application staff would recommend any site plan to address and take advantage of existing topography and tree coverage. The proposed gas well pad site is an industrial use and the pad site and proposed 7 gas wells will make the site difficult to maintain. In our opinion the proposed gas well site is too intense for this area and will not allow for appropriate natural buffers to screen the site. Specific concerns include: • The proposed gas well site changes the land use from a Community Services us to an industrial. Staff questions whether this is the highest and best use for this property and is concerned about the impact on adjacent properties along this heavily traveled corridor. • Extensive clear cut slopes will be visible from the north side of the site along Davis Boulevard. Terraced side slopes would look better and allow for better landscaping. • Non - compliant drainage plan that concentrates runoff and provides steep slopes that cannot be affectively maintained. Also, offsite drainage easements required. • Chesapeake will have to request variances for setbacks from Davis Boulevard and will also have to receive setback variances that affect 39 residential' homes and 3 vacant commercial property owners for the proposed 7 gas wells. These variances are not required as part of the SUP approval but would need to be approved by the Gas Board before the site could be developed. If approved. staff would recommend this proposed land use be mitigated by reauirina the SUP to be limited to 7 wells and a maximum of b years to complete drilling and frackina activities: that appropriate tree mitiaation fees be paid; and underraround storm sewer pipina be reauired connectina into Brookhaven Drive. AFFECTED PROPERTY OWNER CONCERNS: Out of the 28 property owners directly affected within 200 feet of the subject property, staff Ihas received letters from 10 property owners in favor of the Anejo request and 9 property owners against the Anejo request. Staff has also received approximately 450 support cards, emails and letters from mineral owners in support of the Anejo site. Please see attached letters. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, November 1 and voted 5 -0 to recommend denial of the Anejo request. The primary issues mentioned included that it was not a good land use on Davis 'Boulevard and there was a potential for excessive runoff on adjacent neighborhoods. CITY COUNCIL CONSIDERATION: City Council approval of the Anejo special use permit will require a super majority vote because more than 20% of the property owners within 200 feet are opposed to this request. MAP SHOWING 200' FROM LOT BOUNDARY & SUPPORT/OPPOSING ADDRESSES 'L�L 711 7111 74,2 71D9 Tso 4 29 7189 71 7129 7111 za 7104 7120 7121 7109 — TO$ 7100 Mo 7104 m 1Ilfi 7 ll� 7117 Ttos 7100 9417 711- 7111. 7tU — 7101 A ----- k a 1 840 { I L . U114 MIS 4 1 Lot Bounda I ! 71 8"40 0 -- �ri t)erfl e 84" 71C 1 7IG -IQD B4t: 8416 ySl:G�ea'a 843 a4s: zit IpL ie fff 0 Mf7 1]13 7096 8Y:'D 8864 I S40f I i41. � } :it6 1 :i�4 %� 84. JW1 6103 7008 BW: 59G7 e906 84ti5 1{903 GiQ soA 6-1 H 'IF A 0 6939 696 0 owl 7-eimz P N k Addresses in Green - Support the Pad Site Addresses in Red - Oppose the Pad Site �11 I L Rig tow Dr -10 71al "7 7,C V -125 / -2. -111, 7"7 I Li Li I I Feet Prepared by Planning 12104/12 0 75 150 300 450 600 7111 TT17 7119 7111 7112 7120 3116 '108 — 71V9 7tGa TIM 7,01 7100 1 7=4 7 710A 7106 7100 7101 — � 70 7w — m ml 7 iz ms Xx �x 693 a 0 SNO ssi 3 sate S121 4$".. 8N7 61Y7 S M7- 6wi 'L�L 711 7111 74,2 71D9 Tso 4 29 7189 71 7129 7111 za 7104 7120 7121 7109 — TO$ 7100 Mo 7104 m 1Ilfi 7 ll� 7117 Ttos 7100 9417 711- 7111. 7tU — 7101 A ----- k a 1 840 { I L . U114 MIS 4 1 Lot Bounda I ! 71 8"40 0 -- �ri t)erfl e 84" 71C 1 7IG -IQD B4t: 8416 ySl:G�ea'a 843 a4s: zit IpL ie fff 0 Mf7 1]13 7096 8Y:'D 8864 I S40f I i41. � } :it6 1 :i�4 %� 84. JW1 6103 7008 BW: 59G7 e906 84ti5 1{903 GiQ soA 6-1 H 'IF A 0 6939 696 0 owl 7-eimz P N k Addresses in Green - Support the Pad Site Addresses in Red - Oppose the Pad Site �11 I L Rig tow Dr -10 71al "7 7,C V -125 / -2. -111, 7"7 I Li Li I I Feet Prepared by Planning 12104/12 0 75 150 300 450 600 AERIAL PHOTO PROPERTY EXHIBIT i m ti r 39 10 d „ � as J 4J L40 47 Ik �. ' q 16 15 14 13 12 ,9 18, 17 24 23 i. it 3 32 Legend e Wellhead Locations Aneja Pad Wells t; oWell & Pad Buffer Waiver Exhibit !Pad Site Location oate: M112012 C3structures not within 600' Projection: Texas State Plame NAG 27 Nerth Central tone (4262) Structures within 600' AlAolu[e Scale: 12,406 Tarrant 2011 Relanve Scale: IImb=26ifeet W Analyst: Id?,rk Flores ANEJO PAD UNIT BOUNDARY MAP 11/26/12 ANEJC PADSITE PRODUCTION UNITS MAP SHOWING PROPERTIES IN SUPPORT OF THE ANEJO PAD SITE ❑ a p D ' 8 ap ° ❑ O ❑ E 6 a D 0.1 d = ,w:. is D ❑ � p a ❑ p p D _p a °° ' � g� � � �. g�� 0, a : •.: ❑ �* p q a D ❑ D Q p ❑ 4xy a a ® b ❑ o dD ° ❑ ❑ ? r a ,.❑ L' ❑ ' a [ODD ❑ D p D a Q Q ❑ N ❑ ❑..,, ❑ 4' ❑ ❑ 4 - o o ❑ o *' ❑ s " 4 D ❑ 4 _ Anej❑ pad Site Properties in Support y , Source of data. Support cards provided by Chesapeake Energy f r Tm Prepared by. Information Services -GIS Division 12f5f2012 7 � ra.wa aw F F 1 E s. r y ,D ❑00 04 4,4rt, a a R a CP A ❑ ❑ . 1 0 a ry pUa D D p ra �o ❑D. o ❑ ❑ ❑! D D y a v D9. c a❑D D y �`❑ a •' � 6 o D p p p 00 p u p` a ,.., a o cu D D w =u, s p D 3 ®❑ [) o o� n:.v, a aD D i7 g ❑ �'❑ D oa g ❑ � MAP SHOWING THE PERCENTAGE OF OPPOSITION TO THE ZONING REQUEST 4J 7112 7109 7104 8m 7121 71251712 t712,31 1 3 1 7 7125 VYl + E 7708 7127121 S 7105 7100 1 inch= 150 feet 7104 7117 7117 7100 7101 7001 200 foot buffer (yellmv) = 56582$.9 sq ft or 13.0 acres 7113 8417 Parcel portions in buffer in opposition status (blue) _ 1414181 sq ft or 3.2 acres Percent opposition portion of total buffer area: 24.6% 8404 8404 8 08 8412 8416 7008 0000 8401 1 8405 1 8490 1 8413 1 8417 7100 6988 8409 i 8404 I 840 8472 8416 6984 — } 8405 840 8415 8417 6980 6976 8400 l , 7113 7112 7108 6872 7000 t 8404 68 8412 8416 7109 6968 7104 69 64 8401 84x5 8409 8413 8417 6919 H7-� 7109 6960 PROPERTY OWNER NOTIFICATION :.x NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS CITY COUNCIL Case Numbers: SDP 2012- 05 Applicant: Chesapeake Operating, Inc. Location: 7100 Davis Blvd You are receiving this notice because you are a property owner of record within 600 feet of the proposed gas wellheads associated with the well site shown on the attached map. Puraose of Public Hearina: A Public Hearing is being held to Consider an APPEAL REQUEST from Chesapeake Operating, Inc. for a Special Use Permit for the Anejo Gas Well Pad Site at 7100 Davis Boulevard. Public Hearing Schedule: Public Hearing Date Meeting Time: Meeting Location: CITY COUNCIL MONDAY, DECEMBER 10, 2012 7:04 P.M. CITY COUNCIL CHAMBERS 7341 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 Mills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Chesapeake Land Dev Co LLC West Crest Partners LLC Sabhaya Inc 6100 N Western Ave 2808 Brookshire Dr 2000 Cheyenne Park Ln Oklahoma City Ok 73118 -1044 Southlake Tx 76092 -8933 Southlake Tx 76092 -3845 Yazhad, Khosrow & M Khayyam Pugsley, John K Blankenship, John Ryan 1230 Brown Trl Ste 105 7100 Stephanie Ct 7104 Stephanie Ct Bedford Tx 75022 -8028 Fort Worth Tx 76182 -3654 Fort Worth. Tx 76182 -3654 Dodd, Peter E Self, Garrett Etux Kelli Jerolaman, Marjorie J Est 7108 Stephanie Ct 7112 Stephanie Ct 7113 Stephanie Ct N Richlnd HIs Tx 76182 -3654 NRH Tx 76182 -3654 N Richlnd His Tx 76182 -3854 Glynn, Joyce L Petty, David & Ruby Gray, Debra J & J L Epperson 7113 Stephanie Ct 7109 Stephanie Ct 7105 Stephanie Ct NRH Tx 76180 -3654 NRH Tx 76182 -3654 NRH Tx 76182 -3654 Rainbolt, Tuwanna M Brewton, Travis & Gina Harp Sims, John Etux Merina D 7101 Stephanie Ct 7017 Stephanie Ct 8405 Stephanie Dr NRH Tx 76182 -3654 NRH Tx 76182 -3653 NRH Tx 76182 -3627 Phariss, Samuel R Etux Carol Almaraz, Michael Clark, Geoffrey 0 Etux Ann 8401 Stephanie Dr 8408 Timberline Ct 8404 Timberline Ct NRH Tx 76182 -3627 NRH Tx 76182 -3620 Fort Worth Tx 76182 -3620 Rico, Cheryl J Roberts, Barbara Chaille Gerber, Charles M Etux Flora 84®0 Timberline Ct 4000 FM 2325 8409 Timberline Ct NRH Tx 76182 -3620 Wimberley Tx 78676 -2907 Fort Worth Tx 76182 -3620 Lamar, Marvin G Gibbons, Porter Cury, David N Etux Patricia A 8413 Timberline Ct 8416 Brookview Dr 8412 Brookview Dr Fort Worth Tx 76182 -3620 Fort Worth Tx 76182 -3607 Fort Worth Tx 76182-3607 Freeman, Kay P & Karen Price Elich, Steven J Garrett, Danny Etux Barbara 8320 'Flat Rack Ct 8404 Brookview Dr 8400 Brookview Dr N Richlnd His Tx 76182 -8471 NRH Tx 76182 -3607 N Riohlnd His Tx 76182-3607 Schwinn, Michael L & Lisa K Evans, Troy R III Counts, Jahn G Etux Angelia M 323 Glen Holw 8413 Brookview Dr 8409 Brookview Dr Keller Tx 78248 -5375 Fort Worth Tx 76182 -3608 Fort Worth. Tx 76182 -3608 LIST OF NOTIFIED PROPERTY OWNERS (CONT.) Winkles, Carrie 920 Gregory LLC Geserick, Charles T 8405 Brookview Dr 511 S Main St 8400 Brookhaven Dr N Richind His Tx 76182-3608 Euless Tx 76040 -4659 Fort Worth Tx 76182 -3605 Cailicott, Steven D Etux Misti 8404 Brookhaven tar N Richind His Tx 76182 -3605 Dickens, Kenneth Etux Barbara 8408 Brookhaven Dr Fort Worth Tx 76182 -3605 Cook, Yuki U Etux Adrain M 8412 Brookhaven Dr N Richind Hls Tx 76182 -3605 Hanson, Barry Jr Etux Lauren E 7112 Brookhaven Ct NRH Tx 76182 -3601 Paeth, Shaun G 7121 Brookhaven Ct Fort Worth Tx 76182 -3601 Serrano, Eduardo Etux Suzanne 7129 Stone Villa Cir NRH Tx 761 82 -6173 Prime Advantage Ent Inc 2001 Creekside Dr Arlington Tx 76013 -5500 Stringer, Jimmy Etux Mary Nell 7104 Carolenna Ct Fort Worth Tx 76182 -3503 Welborn, Sam Etux Mary Ann 7109 Carolenna Ct Fort Worth Tx 76182-3503 Thoden, Betty Etvir Wayne 7900 Old Hickory Dr N Richind His Tx 76182 -6000 Mullin, Ryan 7116 Brookhaven Ct NRH Tx 76182 -3601 Cooper, James E Etux Sara 7117 Brookhaven Ct Fort Worth Tx 76182 -3601 Sierra Nirvana Homes JV 2144 E Southlake Blvd Ste L Southlake Tx 76092 -6599 Angels Gateway LLC 6308 Remington Pkwy Colleyville Tx 76034 -0000 Corley, Clifton D Etux Kathy 7108 Carolenna Ct Fort Worth Tx 76182-3503 Mills, Patricia 7105 Carolenna Ct N Richind His Tx 76182 -3503 Pengelly, Bradley J Etux Joann 7100 Cook Cir NRH Tx 76182 -3523 Pham, Lang H Etux Hai Minh 7120 Brookhaven Ct Fart Worth Tx 76182.3601 Kolb, John T Est & Sylvia Est 7113 Brookhaven Ct NRH Tx 76182 -3601 Crowson, Bradley 7121 Stone Villa Cir N Richind His Tx 76182 -6173 Biggar, Richard Etux Constance 7100 Carolenna Ct Fort Worth Tx 76182 -3503 McWilliams, Judith L Tr Norfleet McWilliams Liv Trust 900 Monroe St Ste 302 Fort Worth Tx 76102 -6392 Woods, Anna Maria 7101 Carolenna Ct Fort Worth Tx 76182 -3503 Birge, Jessica 7104 Cook Cir NRH Tx 76182 -3523 Blotz, Darrin Wade McBride, Dustin L Etux Dawnty Jeffery, Gordon W 71+08 Cook Cir 7021 Cook Cir 7017 Cook Cir NRH Tx 76182 -3523 NRH Tx 75182 -3522 NRH Tx 76182 -3522 ORDINANCE NO. 3225 SUP 2012 -05 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ANEJO GAS WELL PAD SITE ON PROPERTY LOCATED ON 5.989 ACRES AT 7100 DAVIS BOULEVARD DESCRIBED AS TRACT 3D, WM. COX SURVEY (A -321); ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow an Anejo gas well pad site located on 5.989 acres described as Tract 3D, Wm. Cox Survey (A -321) at 7100 Davis Boulevard described in the attached Exhibit "A ", and approving the site plan attached as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of December, 2012. CITY OF NORTH RICHLAND HILLS IN ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary r,1 ;a,:t91►►=1 11F:1 11911 to] N k►, IF-11 ► I •l I =10 I I rip George A. Staples, City Attorney F-11:21:21 :t9] ►1=I11 :1'2 11*i0I61 `r 10 =1 ►16 John Pitstick, Planning & Development Director EXHIBIT A Leeal Descrivtion of the Land Oescr ipf on for tr.traot of hiri the WILLIAM COX SURVEY, ABSTRACT i 1.UMBI:R;321 , ;' eirertr ouoty 're as, m.A htfft fret# ti€ l d d deed o M.ttltiteddih tltstri, re a i d in Vsrl6 t; Sfi 4 . ' e 190 Ditd Mcbrds SmtevCT ars, rec &dcd in valt . niIt 9576;.Pose. 57, Mea Berardi, TafiMnt Cattttt+y, r s, and cln : des rilied zs ❑ile follawsx [1 l71 NO OUR Ill" lrbmji# f0ttta ;i i0 A s6 01 it b ia mt d Dolt nl fret. S:.id pi lying Vy dted c&t[;. 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Ci^�t alit Ott aFsly iirsa f I?�.ris R01]av wa 112 i r, €1+t apt s itu Via, . 51 1rd3S" " at Ids. l i:nhin g# s�anr ; : tuna tQ ahc ns rfls�yc a a r 6vul which bmn 21944 r44 No tip 36 dqm; 33 - mimatm 0 nds Est: dinkgh a.ccnv rr a I safQ d gr 23 aniattrt .33 sysusicis, zbdi c.4rf, Mg f6dtlo 1; Ir 401s p€n.cr +ttl{p ' l� Ir,aft�. Ft1 the artsceutltery c�a:ier'nf� taael nFl Ord de-s rfbed in mAce t t6 StAm 4FTO .s; rcWT44 i'R %3. ur k 951t1;, Page I?, Dctd Rccord& Tarrrnart Coo at,y. Tani frutxa �Fa 1cE€ a �'�xa� Iff�hr��sy t��part r t�flrs ta<sr�ustwn$nr €�ustci b ean 2.75 feet, I±tL1u. degrees 44 tllttlR ;SeC$3fY[ls* THENCE Nos th 47 d � l Tru"Oka 42- iomdsImta iii kolbf "x$$. 2 ftaxu s W Arun pk; pct rv�tit cal? >T,ark4 "MEALS1YRT 1 [f3" src tlic iaaatix la e i sA i 1 FEdtrlr t ft x r[�rtlra lwWT cr esf suid 5tak.ef Twm to e# fibm. uhicli .aTdkastltg n to r't3 �rnn t ��ra+ is ri sa�acna �`��� �.ti'3` der#, i?l�c►b dn:.�e�:�,� cnerigrt� 1.3 �Qetsts .�%'e�, T'Etl~Ka'. 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EXHIBIT B ANEJO TRT PAD PROJECT SPECIAL USE PERMIT DAVIS BOULEVARD NORTH RICHLAND HILLS, TEXAS 61.01 SHEET INDEX GRILLING SITE' PLAN 0102 PROAIJCTION SITE PLAN C 1.03 SETBACKS SITE PLAN 62.01 DRAINAGE AREA MAP- EXISTING CONDITIONS C2 -02 DRAINAGE AREA MAP- PROPOSED CONDITIONS C3.01 TRANSPORTATIONROUTF 64,01 EXHIBIT - LINE OF SIGHT L1.01 LANDSCAPE PLAN L1.02 LANDSCAPE DETAILS h11,01 PHOTOMETRIC ANALYSIS P1 -01 PIPELINE ROUTE $1.0 MASONRY WALL DETAILS TS1.01 TREE SURVEY TS 1.02 TREESURVEY TS1.03 TREE SURVEY TS1 - TREE SURVEY 781)W TREE SURVEY INDEX TSIM TREE SURVEY INDEX ENGINEER I SURVEYOR' Ce ■; HALFF' 1201 W)p - MYA96iFWrI m081 TFLC— Fge[3141T39-PO>iF TBR FFtll7 W TAr.L MMMR8 1'E IW E[ Y WAY, 14TH FIA bR NOVEMBER 2012 AVO.. 26724. DR330 T FOR WL^WRI n ',. TElL�S IBM �js'ry nwp pwtygBew,ccpu '` k ,/ d I LLI Z LLI iL 0 TIN At- X MOE �, � R ��vY1� wMMUSYFyfsP� IanYlae � LROEN M .ff, Im"N'T IN7 i - wl AWN UWE 5 � 3 �2 LEGEND U 0 C) IL 0 LL U. 1 1 Id xi i p D ui l s, wz � Qr r- rFC:aKi1K. LL LL r ' � I r '`A y; caviar ,w uGEND f —._. �. _.� _I ,er ••, 7: ' Ham:,.. ixn,hvwi ppr a w� �mw .. - . .'" - �1 x�.. y., �....n aa.w.. op..c.w.r...wid •n -r... o-.e�.r. g= I DRAINAOICALCLLATfONS ol W - ` 1 333 � -� = aw - C ' o . � BR C7OKHAVEN L " LL LL T� t gg TIK ;• „ 4 r cz .01 HA ~- -- IT T' sa ' - Mm 8 Z MV m—gij $mgCji 3353� 11788� a fl I N s „� � ,�;;„ :11 - CHESAPEAKE s p oi � ,. r.l }$r te ' � � 1 H_A OPERATING, INC. 19 Cl�s`,ke ANE,I0 TRT PAD PROJECT 9 C � y ¢ a6lbaivu IO Era�p' iR F bdTil R1CXL4fJ� XILL9, TEAS Fort WurN, T­ k7 192' m � 0 C m zi L N, A" Z - T .TTF,7 PX L rr F — —t- % ; A r B r, Ij _TjIf.-O L u 1� TI! L IjLr+ I �rl ta .4 �.5 LL . L r IRfF .1 k1411 vr r -,3L 1 1. L 4 - 1 IDF le RI IC4�,llll T."IJITI I- qr 1. r. - LIP P,r. AG. eq5 7 A", ML I T iQ I T Wlll 4 -T AW ' 1 Lij z LLI 0 C O L LL LL Fig EIN ME I �i fi i8 � -J. - - Ar RROCKVIEW DRIVE A Y TIMBERLINE COURT VIEW #1 LOOKING SOUTHEAST FROM DAVIS BOULEVARD VIEW #2 LOOKING WEST FROM RESIDENCE AL Nip R VIEW #3 LOOKING WEST FROM RESIDENCE VIEW #4 LOOKING NORTH FROM RESIDENCE VIEW #5 LOOKING NORTHEAST FROM DAVIS BOULEVARD VIEW #6 LOOKING SOUTHEAST FROM DAVIS BOULEVARD � m --- -- --i- � m"xr- -- --Dl- w Wit X LU 0 a. 0 'ru-114 I.I. LL X 11 I - --- ail j wm p e ry m � , � �'n t.ewxc J l �� m�aipaPnJ cvr`m I c tt�wIM6'affw5pusWX wM Y I x-tK w YAawM mxF'reaww�re 1xlh.meRmaYiww. If T N : I' —t —l LU 2 a 0 z 9 U. LL 4�- 0 PRELIMINARY t s: L1.01 PLAN'n NO SPECFCATMS TV- -mNwiA= m K p- MMMEm- T _ N L &_ I - I , ! 1 j :=Mw 0 1 SINGLE -TRUNK TREE WITH STAKES Ch 6m? 03 SINGLE-TRUNK TREE WITH STAKES ON A SLOPE LU LLI L z 9 LLI CY T- M I C) LL v 02 !tLZITRUNK TREE WITH STAKES LL MEN 0 MEN Z74 __LM2 J s ... a a � � a .r s� nM�� U k c 'a.b �� � � �.Y •e ' it eb'a ti t.t ,/ add aL �wba pir it. bb S� ,tib 1: 1 Z . be M'ee LL i LL _j ONE Emm OEM Z ca J cr- LU z 0 C, F— 0 U 0 LLJ z PNNH PRELIMINARY FOR HTERIM REVIEW ONLY AS HOTS] Dla„Slq Na �MWA HW lom M 1.01 Anejo TAR Pad Lateral Pipeline Exhibit z��7 . . ... .... :-x— r3=- g � 2� AG-CESS MIDSTREAM PARTNERS me cwrere� 6II0TlG+WGA4 MpWNTlp6 nrw �. �° °�' es Hx axauuu�.x nr Hxa<w�eauni �1 �rvrd.� cca:u=ry wss µ -= f e �+P��usw ,LP 5FEr,IFIr,ATION5 ANN NO—.F5= ,ewa m ec.,x as aixu*ar roo cwa c�c�.u�•.+orcv wmai z fl x � o ? o � 8 O W y� J w W O �" J J � U � LLI w to p .t xed,n X71.0 d. e - o �, p pM �1 �rvrd.� cca:u=ry wss µ -= f e �+P��usw ,LP 5FEr,IFIr,ATION5 ANN NO—.F5= ,ewa m ec.,x as aixu*ar roo cwa c�c�.u�•.+orcv wmai z fl x � o ? o � 8 O W y� J w W O �" J J � U � LLI w to p .t xed,n X71.0 d. 1-6 I I ' E l. 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Fl �a��t?�xa'_' ��za�a3` ss^aF�a�aFl���4sssa?zs'���xzcca -- -- III 111 �P..,.' FR.... p...%. gp.... W.. g.. R.. l.. l°...°°' J., e.. RP. g... n.{ i�....... e.. R....k'R%n....�P..,M1y.pl.[m...n O..R'F9gCC %. �= . aam .� $!!!6!!! l3n aece� a a'��x no 5!l3 lil3lm a's��193�3 1 !l�2136'S£ nS'mm l9�i1 - 11 !!! FFFF M ; Rik 9l :Sg2aa22R RggggFx a xF�x e Ha WiM �aa�aa8�ea�a�asa'anaa�aaad'a �aaa�3��aaeaas "a��a wFFFF 0�x x 0 i ; , ;; 0 x�m u x� ;-,; s��NF���0 W; ��:.l��tt���;4fr� �Y��*,.3'LLW.�tt #!!�: @t lt�3i►�piir p ............ p .. _ , m81a'ailmm -- -- "` has "s "aa8��aaaa` -5_ i "as "��am�aaa�a i -- 7 Y, �l 9aed� "a���aa ��37YYY i 9 FFFF M ; Rik 9l :Sg2aa22R RggggFx a xF�x e Ha WiM �aa�aa8�ea�a�asa'anaa�aaad'a �aaa�3��aaeaas "a��a COMMUNICATION FROM THOSE WHO OPPOSE ON THE FOLLOWING PAGES November 28, 2012 North Richland Hills City Council: We live at 84(10 Brookhaven Drive, which is just a little over 300 feet from the proposed Chesapeake Anejo Gas Well site. We dry not want to live that close to gas wells. The North Richland Hills ordinance for Gas Drilling and Production requires a distance of "600 feet or more from all residential and commercial structures." in a time when other cities am writing or reviewing their gas drilling ordinances, rnany are rewiring a 10W foot setback from homes and businesses in order to protect property value and protect the health of the public. They are also recommending that no variances to that distance be allowed. We feel that North Richland Hllis should hold strong to the GM foot setback and not allow that distance to be reduced, look at current health data that is becoming available and property value impact studies before allowing any reduction to the 600 foot setback as stated in the ordinance. We have been told by a Real Estate agent that our property value will be negatively impacted living a little over 300 feet from gas wells. Let's face it, if you were deciding between 2 homes to buy, and if all things were equal, but one home was 300 feet from a gas well and the other 800feet from that same gas well, which one would you rather buy and live In? Gas wells emit fugitive methane, which is a precursor to ground level ozone. Scientists have demonstrated a clear link between ozone levels and asthma rates. Fort Worth has one of the highest rates of childhood asthma in the state, The Da Ras Fort Worth area ranks as one of the American Lung Association's worst cities for ground level ozone. Accidents do happen at gas well sites, look at the Texas Railroad Commission web site to find a listing of gas well accidents. We do not think that a little over 300 feet is a safe distance to live from a gas well. tChesapea ke is proposing i wells on this site]. Brookhaven Drive has some serious flooding/drainage problems during heavy rainstorms. This property on Davis Boulevard, in its current state, has 3.0 acres of water runoff going in the Brookhaven Drive]Brookview Drive direction, with Brookhaven Drive getting the majority of that runoff. We cannot currently handle that quantity of runoff. Once Chesapeake cuts down almost 400 trees and re- grade$ the property, 4.4 acres of runoff will be diverted toward Brookhaven Drive. We will not be able to keep our homes from flooding with this Increase in water runoff. Chesapeake bought the Davis Boulevard prop" on September 13, 2011. The city ordinance for Gas Drilling and Production was written In 2005. Chesapeake bought this property knowing that it did not meet the city code for a gas well site. We are city residents, we are homeowners and we are taxpayers, We would like our city ,government to help us protect our property, our property value, our health and our safety by denying Chesapeake's request for a variance to the Gas Drilling and Productlon code. Chuck and hail Geserlck. 8400 Brookhaven Drive 817- 781 -0708 My home is less than 600 feet from the proposed Chesapeake drill site and l am apposed the drill site being so close to my home for a variety of reasons. Please vote against the proposed Chesapeake Arnejo drill site. Thank you, Name: solo n CO Ur, 1'5 Address: q o i t Z My home is less than +W feet from the proposed Chesapeake drill site and I am opposed the drill site being so close to my home for a variety of reasons. Please vote against the proposed Chesapeake Anejo drill site. Thank you, Name- R,,.4 Address: 7// �� - l" Page I of"! Veserick From: "PKANDF YA7-HARI" <pkandf @gmail.com> To: <geserick @sbcgloW.net> Sent: Monday, November 243, 2012 12;03 PM Subjatt: Chesapeake Gas Well Drilling Site. Dear Mrs. Gail Geserick, My name is Khosrow Yazhari, and I am a partner in the getup that owns 10 Acres immediate south of above mentioned property. I am against the drilling site and the reasons are: I- Drainage : As it was also addressed by p &Z chairman in the second meeting meeting it is an issue of major concern. 2- Usually every effort is made by drillers to hide the sites and equipment used for exploration and production of Gas, but in this case they are doing the absolute apposite, by putting the site on top of the hill which creates an adverse exposure to our property. 3- In addition to above problem, They are going, to create Noise, Air pollution, chaotic Traffic due to on going drilling and fiacking l'or 7 wells and possibility of going to 14 wells later on. 4- all of above will do nothing but destroying the use and value of our property. Therefore I am against it. Thanks, Khosrow Yazhar. Page i of I eserigk From: "PKANDF YAZHARln {pkandf@grnaH.corn> To: <geseric kasboglbte[.net> Sent: Monday, November 26, 2012 11:00 AM Subject: Chesapeake Gas Well Site. Dear airs. Gail Geserick, My name is Parviz Yazhari. I am part owner of 10 Acres immediate south (adjacent) to the property awned by Chesapeake Company on which they are planning to create a Gas Drilling Site. I strongly oppose this drilling activity and the reason is that" allowing such a site will deffititely cause most negative effect on use and demand of our property and thus destroy it's value. This not only bring about damage to our property, it will thus change the image of all surrounding properties too. Therefore they should not be nl InweAi to wtarr drillina thorn, ReO reparcls_ Parvi7. VaAari My home is less than 600 feet from the proposed Chesapeake drill site and I am opposed the drill site being so close to my home for a variety of reasons. Please vote against the proposed Chesapeake Anejo drill site. Thank you, Name- Address: �c- Page 1 of 1 es�c k From: "Ken Dickens" - <kdd64O8@atk.net> To: "'Geserick "' <geserick@sby lobal.net> Cc: <kdd8408Qatt.net ' "Chuck Geserick "' <cgesedck@madisonwarehouse.com> Sent: Wednesday, November 21, 2012 10:11 PM Subject: Neighbors against Anejo gas well, we are going to City Council To whom it may concern: We live within 5+00 feet from the proposed Anejo site. While we are not against Chesapeake drilling in the area, we are against them drilling this close to our homes. This is extremely close to us. The potential for hazards are too high. Thanks for allowing us to expr our objections. Please do not allow Chesapeake to drill this Close in our neighborhood. November 21, 2012 Ken & Barbara Dickens 8408 Brookhaven Dr North Richland Hills, Tx 78180 Home 817 - 428 -1400 kdd84O8@att.net 11/24 Page 1 of I peserick From. "Pharn, Hai" 4 HaiPharn&exasheaith.org> To.- ' "'ges9dW' <geWck*sb Iobal.net> Cc-. "Pharn, Hai" <Haftarn texasheaEth.org> Sent: Thursday, November 22, 2012 7:44 PM Submit: RE: Neighbors against Anejo gas well, we are going to City Council My nxne is Hai, Pharaa. I reside and ,am the owner of the house at 7120 Brookhaven Court, North Richland mills 76182.. 1 would like to present to the North Richland bills City Council members my objection to the Anejo gas well site at 7104 Davis Boulevard. This site is too closed to residential homes. We have already had flooding problem in our neighborhood. We should not be subjected to any other hardship. I would not like to live next to a gas well site, nor would I like to see the value of my house going down because of it. Please do not put any of these burdens upon us. And please protect my right to peace, safety and happiness in any own home lay rejecting the 7100 Davis Boulevard Anejo gas well site. Thank you, Hai Pham 11/24/2012 11 -3D-12 North Richland Hills City Council My resident is within 20D' (according to the map sent out) of the proposed Chesapeake Anejo Drill site on North Davis, in North Richland Hills. am opposed to it being placed so close to my property not only for personal /health reasons, but for lose of property values. To construct this site it would be necessary to not only remove a great number of trees, but to remove a great amount of soil to level the site. This would likely increase the degree of soil erosion, which is already a great concern for our neighborhood, Also, there are many children In this area which would be effected by the lose of a place to explore, play, examine local flora and fauna, and collect bugs, rocks, or leaves for .science projects. The P &Z committee has already turned down their request for building this site twice. Now Chesapeake has amended their request in order to obtain the site. They say they will reduce the number of wells. But the wells would still be present no matter how many. They state they would plant grass, instead of trees, and put in a walking path. Which the neighborhood would be expected to maintain, at our own expense. And who would enjoy walking around a well site_ No matter how safe they say these sites will be, there is always the possibility of gas leaks, explosions, contamination of ground waters, and erosion of underground soils /structures, creating cracks /sinkholes. Also the possibility of needing to be serviced, or even drilled deeper. Not to mention the Increase of truck traffic along Davis Blvd. I'm sure there are more knowledgeable people concerning these issues, but having lived in west Texas M= of my life, and even have worked in the oilfield for awhile, I am aware of these very issues, and the possibilities of occurrences. No matter the Improvements offered, I am still opposed to the .site. 1 feel that placing wells in such a populated area is not acceptable. Danny Garrett 8400 Brookview Drive North Richland Hills, TX 817 514 -6692 My home is less than 600 feet from the proposed Chesapeake drill site and I am opposed the drill site being so clause to my home for a variety of reasons. Please vote against the pro sed Chesapeake Anew drill site. Thank you, Name: Dc V'f u t- Address: i � l 2, My home is less than 600 feet from the proposed Chesapeake drill site and I am opposed the drill site being so close to my home for a variety of reasons. Please vote against the proposed Chesapeake Anejo drill site, Thank yov, Name: A AVP Address: 47 Iz LL k1`z�l My home is less than 6W feet from the proposed Chesapeake drill site and t am opposed the drill site being so close to my home for a variety of reasons. Please mote against the proposed Chesapeake Anelo drill site. Thank you, Name: WV�Aj k)ajjd Address: [- vV Jyi • 1 , - 4 , te j$2 Miy horse is less than +600 feet from the proposed Chesapeake drill site and I any opposed the drill site being so close to my home for a variety of reasons. Please vote against the proposed Chesapeake Anejo drill site. Thank you, Name: 941 Address: 711Z 61006 k L)j N. /�cN�NONius, TX 7V�� LW Cam. November 29 0 ', 2012 To whom it may concern, 81.7-929-7746 My family and I are residents at 8412 13mokhaven Drive. This letter is in response to the recent gas-drilling well site attempt by Cheasapeake Operating, Inc. within 600 feet our residence. We hereby strongly oppose the planned location for this site. If this plan were given the go ahead, we as residents will have more flooding/and drainage issues more so than we already have with our slanted and inclined street. Since the site Is too close to our houses, noise pollution will also become an issue. I am an audio recording engineer and do lots of recording-, inside as well &,; outside of my residence. This quiet neighborhood is of high value to me and to the quality of my line of work. There are also other numerous Concerns that we have and feel that this plan will negatively impact our quality of life as well as safety. If you require any additional information, please feel free to contact us. Best regards, an and f Yuki Cfook LStOkc6v1e, A dri an. cook (R) fun imation.(',oM My ho me is lens than 6W feet from the proposed Chesapeake dri ll site and I am apposed the drill site being so close to my home for a variety of reasons. Please rate against the Proposed Chesapeake Anejo drill site. Thank you, Nam �J 1 .s d'�,��' O(A ZO - 17 1z zz �'�- David N. Cury & Patricia A. Cury 8412 f1rankview Drive N. Richland Hills, TX 76182 City of North Richland Hills Planning Department 7301 Northeast Loop 820 North Richland Hills, TX 76180 Attn: City Council Dear City Council, 30 November 2012 I have live in the City of North Richland Hills for Twenty Three years. Over the past Twenty Three years I have contributed in a small way to help build the parks, recreation areas, library and infrastructure, that helped male North Richland Hills the great city it is today. It makes me wonder why would Chesapeake Operating, Inc. incur the expense of purchasing this property, surveying it and other costs involved, knowing full well of the city ordinance, of a well sites within 600 feet of any structures, and without researching how the property owners would feel about the proposed site. I know the 600 feet was put in there to protect the property owners. I am profoundly troubled that Chesapeake Operating, Incorporated's disregards for the property owners affected, and there persistence to push far this site after being denied twice. Do they know Something the property owners don't know? Being a businessman for over Thirty years I know the tactics for a corporation or company coming into an area to do business. They will partner with the community, local governments and charities, and will sponsor special events in the community all for the purpose of gaining recognition, influence, and leverage within the Community. Anything; else would be illegal. I am not insinuating anything, just stating facts. I strongly oppose (SUP 2012 -5); to have a gas well site within 600 feet of my property for the following reasons: • Decreased property value • Drainage and flooding • Foundation problems • Erosion problems + Increased noise Thank you for the opportunity to submit this letter, an am confront the City Council will stand by the property owners and deny (SUP 2012 -5) Thank you again, Respectfully, C7 . C ry DEC. 2, 2012 LAURA GUILLORY 8420 BROOKV'IE1ilII DR. NORTH RI'CHLAND HLS, TX RMSORS AGAINST SlOff NEAR BRC}0AMN DR, 1 SIGHT LESS THAN 2 FOOTBALL FIELDS FROM HOMES 2 30 YEARS OF NO STREET REPAIR 3 EROSSION AND DOWN SLOPE WHEN LAND GLEAMING 4 PROOF OF EROSSION IS BACKYARDS NEW SECTION BEHIND THE HOMES ON STONYBROOK DR S NOISE LEVEL OF DRILLING SIGHT 6 20 FELT BETWEEN MY HOME AND LAST HOME IN CIRCLE 7 CRACK SPLITTING THE STREET RUNNING INTO DRIVEWAY 8 NOT SURE OF HEALTH IMPLICATIONS THANK YOU FOR YOUR ATTENTION SINCERELY /y a Planning & Zoning Commission Planning & Zoning Commission Please print the information listed below and FORWARD TO THE Please.print the Information listed below and FORWARD TO THE RECORDING SECRETARY. RECORDING SECRETARY. NAME:. DATE: .� FI - I NAME: t ` CI''-VVV � � ,,/ � } , ATE: ADDRESS: > a o ��'� , ADDRESS; r AGENDA ITEM OF INTEREST AGENDA ITEM OF INTEREST �F,. ARE YOU: DO YOU WISH TO SPEAK? ARI�CSU. f: DO YOU WISH TO SPEAK? FOR AGAINST% YES NO FOR AGAINST YES NO i THANK YOU FOR COMING THANK YOU FOR COMING City of ,North Richland Hills City of North Richland Hills Planning & Zoning Commission Planning & Zoning Commission Please print the information lis d below and FORWARD TO THE RECORDING Please "print the information listed below and FORWARD TO THE SECRETARY. ,. RECORDING rp � DATE: NAME: C�� , PATE: N 1 Cl f L' ) ADDRESS: cL� �S � ADDRESS;a AGENDA ITEM OF INTEREST AGENDA ITEM OF INTEREST" ARE 00 rW ?ARE YOU; DO YQU Vy1SH TO SPEAK? YD TfJ SPEAK. FDR AGAINST YES \/ Np FDR AGAIhIS3'� YES NO THANK YOU FOR COMING City YOU FOR COMING City of North Richland Hills City of North Richland Hills Planning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. NAME: TE: P / I ADDRESS: P` e 4 717M -i "6 ( 7 AGENDA ITEM OF INTEREST ARE 1QUU: DO YOUP WIS H TO SPEAK? FOR AGAINST�� . YES Gj Na THANK YOU FOR COMING City of North Richland Hills Planning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. I � �� � NAME: "? ! ,per * DATE: i[ — I "l - 12- ADDRESS._ 20 0() d 0 0() ''l IS d AGENDA ITEM OF INTEREST ARE YOU: DO YOU ►JSH TO SPEAK{? FOR AGAINST YES ,! NO TI -TANK YOU FOR COMING City of North Richland Hills Planning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. (24Q,&5 <: *^er f3"C DATE: NAME: ° ADDRESS: 010 r W . ►' e AA AGENDA ITEM OF INTEREST ARE YOU: C _ DO YOU WISH To SPEAK'? FOR AGAINST 'YES NQ t THANK YOU FOR COMING ! City of Noah Richland Hills Planning & Toning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. t c NAME: I ��� DATE: ADDRESS; AGENDA ITEM OF INTEREST ARE YOU: DO YOU H TO SPEAK? FOR AGAINST YES V NO THANK YOU FOR COMING City of North Richland Hills From: aiadant22- nrh(&vahco,com f mai Ito: aiadant22- nrhCC�vahoo.coml Sent: Wednesday, December 05, 2012 7:14 PM To: Mayor Subject: chesapeake energy We urge you to deny the request by Chesapeake Energy for a drill site east of Davis and just south of Hightower. We are concerned about safety (gas leakage and/or explosions) as well as possible effects on air quality. James etux Patricia Dixon 8608 Madison 76182 COMMUNICATION FROM THOSE WHO SUPPORT ON THE FOLLOWING PAGES Support for Aneio pas well pad site support the Anejo padsite. I live about a block from the site and when we signed our mineral we knew it could be in our neighbor and the other padsites are very neat and clean and not an eye sore. Thank you Virginia Preas vpreas20vahoo.com helped form the Davis Blvd /Crestwood Estates Mineral Owners Alliance back in 2008. We obtained a majority of homeowners to agree to work together as a group from Smithfield Acres, Coventry Place, Century Oaks and Crestwood Estates subdivisions. Our group eventually merged with NETGLO, but we had nearly 60 %0 of all property owners on board when we merged. While I recognize the efforts the city has made toward beautification of the gas drilling sites, the Anejo project truly allows access to the majority of our group's minerals with minimal impact on our day to day living. This was our goal all along. Looking at the available areas that will access our minerals, this is likely one of the best options available. encourage you to support this pad site and allow the Anejo project to go forward. The 1,200 mineral owners in those subdivisions will appreciate the consideration. Sincerely, Steve A. Holleman Dear City Staff and Council Members, am one of the residents within 600 feet of the Anejo padsite proposal of Chesapeak Energy. We will not be able to attend the Planning & Zoning Meeting on Nov 15th; having prior committments. Having read the reasons why the City and Council finds this to not be a good location, I'd like to comment on several factors. We continue to be FOR the Aneio Padsite at 7100 Davis Blvd. 1. Noise: We live at 8501 Cardinal Lane; 100 yards north of Mid - Cities Blvd. Traffic noise is part of our 'neighborhood'. When we moved here in 1984, Mid - Cities Blvd did not exist. I think we could tolerate noise from a drill rig for 30 days. 2. Scalpina concerns: The Church of Christ complex, all of Home Town, the Elementary school across from Home Town, and the new NRH Sports Complex did not exist. Presently, a large multi- family complex is being built on the corner of Mid - Cities and Cardinal Lane. All of these projects in the City of North Richland Hills required "scalping the landscape" and often significant reshaping of the geography. Hundreds of trees were removed to build Home Town? How many trees were destroyed to create Mid - Cities Blvd? What about Birdville High School and Stadium? Even the new NRH Sports Complex removed trees. Landscape requirements have transformed those previous temporary eye -sores to become appealing community attributes. Additional Note: From my front yard some months ago, just 1 112 blocks away, I watched a bulldozer push down several dozen full -grown oak trees for several days, effectively removing close to 100% of the existing trees and shrubs on a hill. Then, they spent two months moving large amounts of dirt, effectively Iowerina the horizon by many feet. Due to that scalping and bare -dirt 'allowance', we can now see the roof of the Sports Complex from our home. 3. Reaardina traffic issues: The City has made many construction approvals along Mid - Cities Blvd, effectively increasing our traffic flow by 100x what it used to be. Lane widening has also been recently accomplished along Davis Blvd., which will help reduce site building pressure. Again, this is a temporary situation, not permanent. If the issues above represent some of the main concerns and rationale for the City Staff and Council to disapprove Chesapeak's Anejo padsite, (noise, scalping of land, and traffic tolerance), you've approved plenty of projects that affect these same issues. I would ask you to reconsider. Thank you for taking time to 'hear my opinion. John C.Runnells & Sharon D. Runnells 8501 Cardinal Lane NRH, TX 76182. (817) 656 -1877 (817) 239 -3829 (cell)email - idrunels cDDrodiay.net plan to attend the Thursday evening meeting, do not want to talk, just listen. feel this project should be approved, but I admit I am not knowledgeable about drilling for gas. I just know gas drilling will only benefit our area. It always seems the homeowners closest to the drilling sites oppose the wells without considering it could be productive for the entire community. Yes, I would say that if I were closer to the site because I do feel it is the thing to do. I am returning the support card also. Thanks for listing and having the residents best interest in mind. I appreciate the past help with our beautiful street. Frances Browning 7909 Odell Street NRH, Texas 76182 Please approve the Anejo padsite. Chesapeake has worked hard to accommodate all neighborhood concerns and has committed to: 1. Reducing the total number of wells in half which impacts everyone's royalties but provides additional site screening on Davis Blvd 2. Maintaining 150' buffer of trees between neighborhood and proposed site 3. Committed to using an electric rig onsite in addition to 32' sound walls to ensure there are no issues with sounds or noise from the site 4. Beautiful landscaping plan 5. Offered the neighbors a long -term agreement that would allow them to use the excess property around the padsite legally (right now many are entering our property without permission from Chesapeake) Thank you, Deborah Hansen 7544 Shane Court N. Richland Hills, TX 76182 Sir I am one of the homeowners going to be affected by the Anejo padsite. Please allow them to drill. I am 100% in support of this project. Thank you Nail Driven Projects, Gary Roberts, 8321 Odell,NRH, Texas I am in support of the Anejo Padsite. Vote Yes Jackson Rogers 7345 red oak drive North Richland Hills Council Member, I would appreciate your supporting the Anejo Padsite proposal. There are something like 450 families supporting it and only 11 opposing it. This country is founded on the principle of the majority ruling. To rule against this proposal is inconceivable given these numbers. This project would produce a great deal of money for both the city and the individuals that have leased their mineral rights. The 11 families that oppose the proposal all have leased their mineral rights so they want the money - but "put it in someone's elses neighborhood. What was the basis for the city's staff recommendation of disapproval? In my opinion it would have to be purely political. Again, let me strongly urge you to support this proposal. David L. Hardesty 7236 Coventry Court N Richland Hills, TX 76182 I am in support of the Anejo Padsite. Carol Rickman 2nd Grade Literacy Teacher Meadowbrook Elementary carol. rickman(7fwisd .orq From: Paula Muyleart <pfau6O(a�vahoo.com> To: "nrhoscar(@,sbcalobal.net " <nrhoscar(c .sbculobal.net> Sent: Tue, November 13, 2012 3:45:50 PM Subject: Anejo pad site Hi, am writing in regards to the Anejo pad site. I can not make the meeting, but I would like to be heard. If we are to be an energy producing country, we have to produce energy on our land. We keep depending and buying from other countries. We need to be depending on our own energy. As long as it is clean energy why not put a pad site in. know that some people do not want it in there back yard, so to speak. But it has to go some where.We have a pad site on Hightower Dr, and I thought it would a terrible thing. But they have develop a very nice community right next to it. They do not seem to mine that it is there. You would not be able to tell it is a pad site, if it were not for the trucks. pass by it, all the time, it is not an ugly site. I do not see a problem with it. As long as Chesapeake keeps there promises, it should be fine. Our city could use the money to repair our roads, which by the way ARE BAD! I have a back problem, and I hate to ride on our roads. But this is my a,pinion, I hope it counts. Thank you for the work that all of you do! Sincerely, Paula Muyleart am sending this email to voice my approval of the Anejo pad site as I am not able to attend the meeting in person. I own a home in Smithfield Acres; 7113 Payte LN, North Richland Hills, TX 78180. Thank you for your consideration, Danita Duncan Cell: 817- 240 -2718 Mr. Pitstick, I ask you to please accept Chesapeake's appeal for the Anejo Padsite. They have worked hard to accommodate all neighborhood concerns and have committed to following: 1. Reducing the total number of wells in half which impacts everyone's royalties but provides additional site screening on Davis Blvd 2. Maintaining 150' buffer of trees between neighborhood and proposed site 3. Committed to using an electric rig onste in addition to 32' sound walls to ensure there are no issues with sounds or noise from the site 4. Beautiful landscaping plan 5. Offered the neighbors a long -term agreement that would allow them to use the excess property around the padsite legally (right now many are entering our property without permission from Chesapeake) Jim Cates 7117 Lowery Lane, NRH From: Erod Erod <erod(cD.baiabb.com> To: nrhoscarcesbcalobal.net Sent: Mon, November 28, 2012 9:38:29 PM Subject: Anejo Padsite Sir: am in support of the Anejo Pad site being allowed. I believe the City has a very well written set of specifications which must be met by any company wishing to place such an operation within the City Limits. Chesapeake has worked with the community to gain our support and have the support of the majority of property owners in the area. The Zoning Committee is, I believe, allowing the tail to wag the dog. They are giving in to the vocal minority who attended the meeting, but they represent a very small percentage of the voting constituents in the area. Please consider the total number of voting property owners and their household members wanting the pad site when you convene to vote on this matter. Thank you, Edward T. Rodriguez 8505 Crestview JP Shellnut ipshellnut(a,gmail.com Please support the drilling of the Anejo! Mr. John Pitstick City Staff • I have been a business owner in the City of NRH for over 18 years our mineral rights are in the area that would be produced from the Anejo padsite. When leasing took place a couple of years ago, I like many of those who are speaking out against the site, accepted Chesapeake's leasing offer and accompanying bonus. • I suspect that like my company most of that money was spent by our neighbors locally benefitting our city, our county and state • I am disappointed to see so many now say drilling is fine, just somewhere else What is more disappointing is to read the report to the Planning and Zoning commission that repeatedly only acknowledges neighborhood opposition when the last time checked it's supposed to be the greatest good for the greatest number in our country. • As a Veteran and business owner in this city my voice deserves to be heard Veteran's Day just passed and I for one am in favor of honoring our veteran's by maximizing solutions here at home that would keep our leaders from sending our military into harm's way when we have a domestic resource right here. • The potential revenue that can be generated from these wells added to the two and a half million dollars we bring into this city will allow me to reinvest in my business right here in NRH; we all have lost the benefit of half of the wells. I understand why Chesapeake did that, and applaud them for working to be flexible but the unfounded scare tactics being used out there are just silly and not reflective of what we have seen successfully and safely take place in NRH for years. • A drill site is the best recommendation to have on that property because no other type of development will preserve as many trees and buffer the nearby neighborhood • And look around us, do you know how much revenue the city has received in revenue from natural gas drilling? How about the school district, it's millions of dollars. That revenue helps to keep our taxes low and allows the city and school district to remain strong in difficult economic times • So, Commissioners /Council my eighteen employees want you to know that our voices count as well and we want the Anejo padsite. Marcus Blagg President GeoTex, Inc. D nning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDJN'Q SECRETAR NA DATE: ADDRESS: 934 4-ore-kp"5;7 Ile 7� I&IrF� AGENDA ITEM OF INTERES - ARE YPV. DO YO WISH TO S FOR _)�4_ AGAINST YES THANK YOU FOR COMING City of North Richland Hills Planning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. NAME: jo'k 4 he) DATE. ADDRESS: 7;Z Le) dz—lt! f 'Llcrl — / AGENDA ITEM OF INTEREST ARE YOU' Do YOU WISH TO SPEAK?" FOR �SL. AGAINST_ YES_ NO THANK YOU FOR COMING City of North Richland Hills Planning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. NAME t7PA< . 1 DATE: d � ADDRESS: K, 0;0 AGENDA ITEM OF INTEREST ARE DO YOU WISH . TO . SPE FO;�f AGAINST YES N(:�_ THANK YOU FOR COMING City of North Richland Hills Planning & Zoning Commission Please print the Information listed below and FORWARD TO THE RECORDING SECRETARY. N A M E: A DATE: l�/ '��r/� ,1 7 ADDRESS: 0 V�rv y AGENDA ITEM OF INTEREST . ell ARE YOU- DO YOU WISH To '0 FOR V AGAINST YES NO THANK YOU FOR COMING City of North Richland Hills Planning & Zoning Commission Please print the In#ormafion fisted below and FORWARD TO THE RECORDING SECRETARY. NAME: c 4 � ��-r? 7 G'11 DATE: JI j 1112 1 - �fl? ADDRESS; f , AGENDA ITEM OF INTEREST } 1/C. ARE YOU _ DO YOU WISH TO SPEAK? FOR AGAINST YES NOJ "HANK YOU FOR COMING City of Noah Richland HNS EXCERPT FROM THE MINUTES OF THE NOVEMBER 15, 2012 PLANNING AND ZONING COMMISSION MEETING SUP 2412 -05 Public Hearing and Consideration of a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Anejo Gas Well Pad Site on 1.962 acres at 7100 Davis Boulevard. Chairman Shiflet announced that there were some changes made from the last meeting. Since there are two Public Hearings, there are two different comment cards to fill out. If someone wishes to speak, they will be limited to a 3 minute presentation. if you are here representing 10 or more people present, then you can speak 10 minutes, with a maximum time 30 minutes per side for or against. Depending on the complexity of the case, the Commission has the right to vary that time. Leah King representing Chesapeake Energy, 100 Energy Way, Fort Worth, TX came forward stating that some changes have been made since the last submittal a month ago. The Anejo Pad site is now about 1.8 acres located at 7100 Davis Blvd. Chesapeake is seeking a Special Use Permit and has received about 450 letters of support from the community. We are proposing the Anejo site to be similar to the Little Bear site. Two separate units, Grove and Anejo would be drilled from this site. Roughly 84 % of the households are leased to Chesapeake. The units are split rather evenly and include lots of properties, businesses, schools and churches are included. We want to address the concerns that were heard last time. The big issue we heard repeatedly is that there was not enough natural buffering and it was too close to Davis Blvd. At that time it was 20 feet set back. We have cut the number wells from 14 to 7 and by doing that is allowed us to move the wall on the frontage on Davis back 20 feet so it gives the opportunity for more natural screening and buffering. Chesapeake also wants to address whether landscaping on the pad slopes will allow the trees to establish themselves. We will sod the slopes since the Davis Blvd. wall is moved back and move some of those trees to the front providing the screening and buffering that is requested. There are concerns with tree mitigation cost and how difficult it wound be for Chesapeake to provide adequate tree replacement whether on or off site. We have been trying to think about some of the comments made last time. One of the comments is the property is used by many of the residents right now, without any agreement with Chesapeake to use, it's just always been open. We want to offer a long term lease on that excess property for a $1 a year for say 20 years and that will give "legal" permission to utilize the property. This will have to be done with some type of body since there is not an HOA that we have been able to find, so one would have to be established or another legal entity would need to be created. Ms. King continued showing a Power Point description of the before and after proposals. One of the biggest keys in the slide is the 150 feet buffer between the pad side and neighbors. This property sits at an elevation roughly 20 -25 feet in the neighborhood and on the Davis Blvd. side it slopes upward. What we are intending to do is on the north side of the pad is to place additional trees there and leave the rear pad side the way it was originally suggested but to move the wall back from Davis to allow a more natural buffering. There were multiple questions about what would happen to the pad site if Chesapeake was not there. In no other industry are there requirements of that 150 feet barrier so the property line could possibly be commercial services (medical or retail) built up to the property line. They would have to go before P &Z and City Council to get approved, but it would be an option for them. In summary, we are ready to commit to the neighbors with the attractive fencing, screening the production equipment, landscaping during the next planting season following whenever the drilling is to occur. There are berms that would be in the pad site so that will address the drainage issues. We feel that building our site as well as having these berms will reduce some of the issues the neighbors are experiencing. Don Bowen said he has looked at the Texas Railroad Commission site and there are other sites that are close, like Morrow Stevens. With the capability to horizontally drill, could they not reach this same site or are there other technical Issues that would prevent that from happening. Mr. King said the biggest problem is typically lease hold. You have to have lease holders from that site all the way down. These units are pretty long and the laterals would have to be extended, in a urban area like with it would be difficult to do because there are not that many large tracts of property. The other concern is if the other pads could accommodate the other additional 7 -14 wells. Don Bowen asked how big is the area that gas would be gathered gas from? Is it several acres or 100 acres? Ms. King said the surface footprint is 1.8 acres but underneath is what we are able to pick up is 960 acres. With the change from 14 to 7 there are some questions on whether or not reservoir can be completely drained. There is likely to be gas that is still there, but that was the only option in order to give the additional space on Davis Blvd. John Pitstick came forward with stating this is a new request from Chesapeake as the previous request had been denied by Planning and Zoning Commission. The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. In this case, this does not waive any requirements of Chapter 104 "Gas Drilling and Production" ordinance. They would still have to conform to all the gas drilling requirements and the permitting and gas wells would be a separate process, and any setback requirements would have to go to the Gas Board of Appeals if this was approved for a site. Mr. Pitstick continued saying it is currently zoned for Community Services and Ms. King is right, whereas it can be converted to commercial uses. However based on any SUP application Staff would recommend any site plan to address and take advantage of the existing topography. The specific concerns that Staff has with the site is drainage. They are capturing all the water on site and concentrating the water in one certain area. There has been some flooding on Brookhaven in the past and we feel this could cause more of an issue. The extensive clear cutting of the slopes will be visible from the north side of Davis and we are concerned about it being visible driving toward the north. In addition, there is an expensive tree mitigation cost, almost 50 % of this site is going to be removed in trees and we are concerned how that will be difficult to provide for this cost. The City does not want a spark at this area but it would be between them and the property owners if they want to maintain that. Chesapeake will have to request variances from setbacks from Davis and from the 39 property owners that are within 600 feet of the area. We have about 430 letters we have received in favor with are primarily in the lease holding areas. We do have 13 property owners within those 600 feet that are in favor and we have 11 property owners against this request. Most of those are located off the back side on Brook view and Brookhaven. Chairman Shiflet opened the Public Hearing on SUP 2012 -05. Gail Geserick, 8400 Brookhaven Drive came forward against this request due to safety concerns, noise concerns, tree preservation and flooding. Paul Yazhari, 1230 Brown Trail, Bedford, part owner of the land adjacent to this site staying he is against the well site due to possible decreased property values. Ken Yazhair, 1230 Brown Trail, Bedford, part owner of the land adjacent to this site Is against the well site and has concerns with property values decreasing, drainage, and traffic, pollution from wells and what would be the City's position if Chesapeake wanted to drill more. Celeste Gerber, 8409 Timberline Ct., against but does not wish to speak. Chuck Gerber, 8409 Timberline Ct, against due to concerns with decreased property values, safety concerns, and asked that Chesapeake purchase these homes and let them take the financial risk. Troy Evans, 841' 3 Brook view Drive, against the site stating nothing has changed with this site except the wall being pushed back. David Curry, 8412 Brook view Drive, against due to flooding, decreased property values, noise and safety concerns. Mo Peracha, 2808 Brookshire, Southlake Drive, owns property north of the site and is against due to reduction in property value, drainage, feels Chesapeake not taking the issues and concerns serious enough. David Hardesty, 7236 Coventry Court, supports the site but does not wish to speak. Joanna Hardesty, 723£ Coventry Court, supports the site but does not wish to speak. Frances Browning, 7909 Odell, supports the site but does not wish to speak. Chairman Shiflet closed the Public Hearing and entertained a motion. DENIED Don Bowen motioned to deny SUP 2012 -05. The motion was seconded by Mike Benton, the motion passed unanimously (5mO). Don Bowen said even with the changes the concerns are the same, the proximity to Davis Blvd. and to the neighborhood does not allow for good fit in that location. Also, I realize this is not viable in most cases, but the only way to guarantee to keep the trees is to buy the property. Chairman Shiflet said he has concerns with the flooding potential and issues on the east side that have been ongoing. Overall I support Chesapeake and what they have done for the community but cannot support the site because of the issues. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. C.2 SUP 2012 -04 Public Hearing and Consideration of an Appeal for a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Church of Christ Gas Well Pad Site on 10.419 acres described as Lot 2, Block 8, Meadow Lakes Addition at 6400 NE Loop 820 - Ordinance No. 3227. Presenter: John Pitstick, Director of Planning CASE SUMMARY: Chesapeake Energy is making an appeal to City Council because of a recommended denial from the Planning & Zoning Commission for a Special Use Permit for a 2.6 acre gas drilling and production pad site on a 10.419 acre tract at 6300 NE Loop 820 for the proposed Church of Christ gas well pad site. The proposed gas well site is located on the eastern portion of The Hills Church of Christ property in a separately platted lot. Chesapeake Energy is requesting to drill 10 gas wells from this site. There are 2 different setback requirements associated with this case. The first setback requirement is for zoning purposes. A total of 13 single family properties are located within 200 feet of the 10 acre zoning tract. In order to determine if Council will need a simple majority vote or a supermajority vote to approve the SUP it must be determined if 20% or more of the property within the 200 foot setback is for or against the development. The second setback requirement is for gas drilling purposes. The established setback standards for gas drilling purposes have a total of 13 residential dwellings which fall within 600 feet from the proposed 10 well locations. Since these setbacks are not part of the zoning consideration and will be evaluated by the Gas Beard most of the discussion in the report will be pertaining to the zoning setback requirements. Staff received waivers and letters of support compiled by Chesapeake Energy from 11 out of 13 affected properties that will be considered by the Gas Board. However, at the Planning & Zoning Commission meeting 3 of the 11 property owners that initially signed support letters and waivers stood up in opposition and one letter of support presented by Chesapeake appears to be in opposition. Since the Planning and Zoning meeting another property has sent a letter in opposition. Therefore currently 7 directly affected properties support this request, 5 oppose this request and 1 property is silent. The latest opposition does not represent more than 20% of the total property area within 200 feet therefore a simple majority vote by City Council will be required to approve this request. In addition the number of property owners against does not have any defined implications per the Gas 'Drilling Ordinance other than it is informational for Council to know who is in support and who is not. Staff has also received approximately 300 cards from mineral owners who live south of Loop 820 who are in favor of the Church of Christ pad site. These mineral owners represent the proposed Barton, Vandusen and Handerson unit areas. All 3 drilling zones are south of Loop 820. Barton includes 318 acres. Vandusen includes 369 acres and Handerson includes 290 acres of mineral rights. These mineral pool boundaries can change prior to actual drilling. The Planning & Zoning Commission stated that their recommended denial was based on an inappropriate land use at the gateway of the community in a restricted land area with no setbacks from Loop 820, limited landscaping and being directly adjacent to the Meadow Lakes subdivision. With this being an SUP a site plan and transportation route is required as part of the application. In addition there is a specific SUP Process which is described in the next section. After reviewing the material submitted staff has determined that there are some items that may be helpful for Council when considering this case. Some of the items are related to Zoning and some are related to Non- Zoning items such as the Site Plan and Transportation Route. Zoning Items: The property is currently zoned as a Planned Development (PD) with the underlining zoning being Institutional. The PD approved for the property several years ago did not address building setback lines. Therefore the building setback lines must conform to the requirements of Institutional zoning, which is 25 feet off of the right -of -way line. The Masonry Wall being proposed is shown to be located very close to the right -of -way line and not the 25 feet specified in the Zoning Ordinance. Non- Zoning Items: The Transportation Route proposed for this gas well request identifies 2 possible routes. The primary route is to utilize the frontage roads and enter the site from the adjacent property. However because of the current construction of the RITE project the frontage roads and ramps necessary for this route are not complete. It would be several months before the transportation could even be used. Therefore the only access to the site for an undetermined amount of time would be to come from Rufe Snow Drive and utilize Meadow Lakes through the residential portion. With this being the only access approval of the SUP would allow the use of Meadow Lakes. The aesthetics of the site is another non - zoning item that is a concern. The industrial use at the gateway of the city is a concern. In the Staff Consideration section of this report mitigation options are suggested for consideration. SLIP Process The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. Essentially„ the City can require additional conditions beyond the regulations in Chapter 104: "Gas Well Drilling and Production" of the City Code to enhance visibility and aesthetics but cannot waive or relax zoning requirements outlined in the Zoning Ordinance (such as building set back lines). The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff for each of the proposed gas wells. This permitting process requires the gas operator to demonstrate compliance with the technical details, safety issues and the other regulations indicated in Chapter 104. EXISTING ZONING: The property is currently zoned PD (Planned Development) for institutional uses related to the Hills Church of Christ. REVIEW OF GAS WELL REGULATIONS: The Special Use Permit process cannot relax any regulations and as such, approval of an SUP does not grant any variances to the requirements mandated by Chapter 104. The SUP Site Plan indicates 13 single family homes within 600 feet of proposed gas wells. Because of the community regulation of 600 feet, staff is notifying all properties within 600 feet as part of the SUP process and is welcoming comments from any affected properties as part of this SUP process. The Gas Drilling & Production regulations require that all gas wells are to be located at least 600 feet from any habitable structures. The Gas Board may grant variances down to 300 feet through a public hearing process. Any properties between 300 feet and 150 feet to a proposed gas well must give written permission for the gas company to proceed with the variance process through the Gas Board. However, based on previous approvals for the existing 7 gas well pad sites, no gas drilling setback approval has been granted by the Board with any opposition from directly affected property owners within 600 feet of all proposed gas wells. REVIEW OF GAS DRILLING OPERATIONS: Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. Different subsurface geology can cause more directional focused drilling along fracturing lines. Drillinq operations include the initial vertical penetrations of approximately 5,000 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the drill hole. Drilling typically lasts 30 days and involves 24 hour operations which includes the erection of major drilling towers, installation of sound reducing devices, drilling and other activities. Fracturinra operations involve pumping massive amounts of pressurized water and sand into the drill hole that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days. Gas pipelines are required to be constructed in order to get the gas transported to market they must be built directly to the gas well site and connected and distributed to major markets. Production is the final process and generally a quiet activity whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does however require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. REVIEW OF THE CHURCH OF CHRIST PAD SITE SUP SITE PLAN: The specific SUP for a gas well pad site includes the following information. Conceptual Development Plan- One of the primary requirements of the SUP for gas well sites is to provide a master development plan to ensure that the gas well site does not hamper or burden the land use and building potential of the property. The Church of Christ site is proposed for a gas well site directly against the Loop 820 frontage. The conceptual plans indicate 3 future soccer fields to the west of the pad site with a parking lot to the south. Drillina Site Plan — The drilling site plan indicates the potential for 10 gas wells with an 8 foot masonry wall around the pad site and access of the Loop 820 frontage road. The City has not received any approvals from TXDOT regarding this proposed access from the Loop 820 frontage road. Production Site Plan — The production site plan indicates direct access from Loop 820 frontage road and production equipment, tanks and valve station on the west ;part of the pad site. Masonry Wall details — The site plan indicates an 8 foot ashlar wall pattern similar to the masonry walls around the TCCD pad site. A similar masonry wall will also be required around the proposed gas valve station directly connected to the west end of this pad site. Drainaae Area map — Grading is proposed to move runoff eastward toward the natural drainage Swale on the eastern portion of the church property. Transportation Route — The plan indicates one route from the Loop 820 frontage road down Meadow Lakes through the church parking lot. Staff supports this route. Unfortunately this option will need to wait until such time that the NTE project is further along towards completion. The Iron Horse exit and frontage roads have not been constructed for this location. An alternative route was provided which shows major trucks coming from iRufe Snow through the Meadow Lakes neighborhood. Staff does not support any gas well traffic using the portion of Meadow Lakes Drive which passes through the Meadow Lakes neighborhood. Staff does not believe this section of roadway will hold up to the heavy truck traffic. Landscape Plan — The landscape plan proposes live oaks and shrubs on the west south and east sides of the pad, but only shrubs on the Loop 820 frontage. Staff does not support this plan with virtually no setbacks and no tree buffers from Loop 820 frontage. Line of Siaht plan — The line of sight views provided do show that any proposed tanks will be screened from the surrounding properties. However, staff does not support the pad site wall directly on Loop 820 frontage without setbacks. Photometric Analvsis — The photometric analysis indicates that no light should affect the existing adjacent neighborhood or the traveling public on Loop 820. Pipeline Route — The proposed pipeline connection indicates an alignment going under Loop 820 to the north with a major bore under Iron Horse Boulevard in the TCD district. Staff has not approved this pipeline connection alignment. Staff has also not seen verification of approval by property owners of the proposed pipeline easement route. Frackina Plan — Frack water is being provided with the use of portable truck tanks that will occur within the site. This does not affect the property with a water pond or tank, but does require significant staging and coordination of portable water tanks during the fracking operation. STAFF CONSIDERATION: The proposed Church of Christ Pad Site is at the gateway of North Richland Hills and sits directly on Loop 820 frontage. City Staff is in support of prime commercial or office uses for this site. From a land use and the visually impact on Loop 820 staff does not support this site and has represented this sentiment since this site has been proposed. The proposed gas well pad site is an industrial use with virtually no setbacks from Loop 820 frontage and in staff's consideration does not represent the view and image of what the Loop 820 Corridor Plan envisioned. Specific concerns include: • Limited land for additional development along Loop 820 frontage. • No effective setbacks or landscaped screening from Loop 820 frontage. Current plans indicate a solid 600 foot long masonry wall with limited landscaping in close proximity to the Loop 820 right -of -way line. • Does not serve as an appropriate land use at the gateway of the city. • Transportation route of heavy trucks and equipment through the Meadow Lakes neighborhood. • The proposed pipeline route has not been approved. • Chesapeake will have to request variances for setbacks from Loop 824 and will also have to receive setback variances that affect 13 residential home owners for the proposed 10 gas wells. Staff is concerned about the appropriateness of this use of this site on the most visible corridor in the citv that is beina redeveloped. If approved. staff would recommend mitiqatinq this proposed land use with drillinq limited to 10 wells and a maximum of 5 vears to complete drillina and frackina activities:. that a minimum of a 25 foot building setback be provided behind the Loop 820 riaht of wav line with appropriate tree buffer and LOOD 820 pedestal monuments in front of the masonry wall: that at least 3 feet of fence articulation be required for every 100 feet of wall space. Staff is also concerned that if this reauest is approved at this time the only access to the site for drillina over the next couDle of vears will be from Meadow Lakes drive directly throuah the residential neighborhood. AFFECTED PROPERTY OWNER CONCERNS: Staff has received approximately 300 cards compiled by Chesapeake in favor of the Church of Christ pad site. Out of the 13 directly affected property owners within 600 feet staff has received support letters and waivers from 7 property owners, support waivers and now opposition from 4 property owners and 1 owner in full opposition. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, November 1 and voted 5 -0 to recommend denial of the proposed Church of Christ pad site request. The primary issues mentioned included inappropriate land use and the preservation of the image and gateway along Loop 820 frontage. The Commission also had concerns over opposition from affected property owners within 600 feet of proposed gas wells. 200 FOOT ZONING MAP 1 0 07 .:Oi 1:1 NE Loop 820 A&M IVJI 20 C' , from lot Proposed' PA ' d S i ot Bounda 5017 sai3 A� 5009 5012 5M4 MM 1� I MIS . Ct MIS 43IA 491 40 17 - 14M 5w] 12 5{745 1 072 1 1912 491 5024 r 4917 5M3 041 6504 5U4 .020 !,Y2 5 8409 6413 e5w 4913 4909 4MB — 49D — M5 4904 5= 5OW21 5016 A 50M. 55w 4909 5010 50T7 12 0401 552 49035 4901 — 4900 — 4961 — 49D 12 3 - 5W4 Im 45FM 9 4901 [�:04 4904 3 4M1 — 480 — — 4U 1004 5M 481T I'm 4909 9 - M 48IT 4&1a — _ RON 5665 4912 495 4966 5 .rF 13 4613 4212 422 9 Mm 5DO1 4913 4908 U04 tox 3633 4501 41 4332 48CS � 4W8 481 0 M 4900 7 ado ws 49 I 49 "A - 1 49M 4861 4804 461 Church of Christ Gas Well Pad Site Addresses in Green - Support the Pad Site Addresses in Red - Oppose the Pad Site I U U i Weet Prepared by Planning 12104112 0 75150 300 450 600 ►_1 ZIN►_1 N [all to] RENDERING & CROSS SECTION OF LOOP 820 CONFIGURATION AT WELL SITE --'.| - ^rEW 867~0 �°�� ! �� ---..�j � - �" ---�---��--'''�---��---�---.----�---:'---'�----�-'---�----:--_-�----�---- - ----.��� ' . . . ' . ' . . ' . . ^ ' ' . . � - -` ^ ..^.^.~^~.^^.,~�.~.~.~'.....^.......~�.~....~.^..^.�^....^..^.~~.~�.^~..~~....^.~.....~~~. , , : ' r . . ' - . ............... - . . - ^rEW 867~0 �°�� ! �� ---..�j � - �" PROPERTIES IN SUPPORT OF PAD SITE �• 1 L i a r t! ! s r • r . + • + rf rr r+ 00 00 • • ri f !i 0 ! a 00 & — WW 00 00 0 00 Bart •r •r r ■ i 0 00 • 00 0 T' W a 000 • • i 00 0 00 00 00 • •• •r X • `• �. 0 • 9� ■ .. 7 � — T. q 6 Vandusen i 01 ,7, x , .. n 0 0 6 O F �r 0 1� p "? ..T =; o 0 p C]° oQ p p 044[6[7- C? 060 00 O o 0000 Handerson p 0 �• 1 L i a r t! ! s r • r . + • + rf rr r+ 00 00 • • ri f !i 0 ! a 00 & — WW 00 00 0 00 Bart •r •r r ■ i 0 00 • 00 0 T' W a 000 • • i 00 0 00 00 00 • •• •r X • `• �. 0 • 9� ■ .. 7 � — T. Church of Christ Pack Site Properties in Support Source of data: Support cards provided by Chesapeake Energy Prepared by- Information Services GIS Division 12/512012 q 6 i Church of Christ Pack Site Properties in Support Source of data: Support cards provided by Chesapeake Energy Prepared by- Information Services GIS Division 12/512012 STRUCTURES EXHIBIT CHURCH OF CHRIST PAD UNIT BOUNDARY MAP 1117112 CHURCH OF CHRIST PADSITE PRODUCTION UNITS Barton — 318 acres Vandusen — 369 acres Handerson — 290 ALL UNIT BOUNDARIES ARE PROPOSED AND SUBJECT TO CHANGE AT ANY TIME CONTINGENT UPON LEASEHOLD DEVELOPMENT PROPERTY OWNER NOTIFICATION z NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS M ", CITY COUNCIL Case Numbers: SUP 2012 - 04 Applicant: Chesapeake Operating, Inc. Location: 5400 NE Loop 820 You are receiving this notice because you are a property owner of record within 600 = feet of the proposed gas wellheads associated with the gas well pad site shown on the attached map. Purpose of Public Hearing A Public Hearing is being held to Consider an APPEAL REQUEST from Chesapeake Operating, Inc. for a Special Use Permit for the Church of Christ Gas Well Pad Site at 6400 NE Loop 820, Public Hearinq Schedule: Public Hearing Date Meeting Time: Meeting location: CITY COUNCIL MONDAY, DECEMBER 10, 2012 riE1h11111:1li!ilt CITY COUNCIL CHAMBERS 7341 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 -5300 Fax (8'17) 427 -8303 LIST OF NOTIFIED PROPERTY OWNERS Wood, John W Jr Etux Janet P Ross, Shirley H Seeton, Vonie Hensley 5036 Lake View Cir 5032 Lake View Cir 5028 Lake View Cir Fort Worth Tx 76180 -7808 Fort Worth Tx 76180 -7808 NRH Tx 78180 -7808 Roos, Stephen C Etux Candance 5024 Lake View Cir Fort Worth Tx 76180 -7808 Worley, David D Etux Ruby L 5+020 Lake View Cir NRH Tx 76180 -7808 Woodall, Travis Etux Kern 5016 Lake View Cir NRH Tx 76180 -7808 Pratt, Betty C 5012 Lake View Cir NRH Tx 76180 -7808 Bentley, Gerald R Etux Carol D 5000 Lake View Cir Fort Worth Tx 761 80 -7808 Fannie Mae Aka Federal Ntl Mtg Assoc 14221 Dallas Pkwy Ste 1000 Dallas Tx 75254 -2946 The Hills Surface Rights Etal Richland Hills Ch of Christ 6300 NE Loop 820 NRH Tx 76180 -7899 Oncor Electric Delivery Ca LLC State & Local Tax Dept P[7 Box 219071 Dallas Tx 75221 -9071 Brown, ,aim 5008 Surrey Ct NRH Tx 76180 -7810 Pearson, Margie N 5008 Lake View Cir Fort Worth Tx 76180 -7808 Green, Edward H Jr & Patricia 5001 Lake View Cir NRH Tx 76180 -7809 Hodge, Spencer Etux Carolyn S 1609 Brennan Ave Fort Worth Tx 76106 -8341 Wal -Mart Real Estate Bus Trust % Re Proerty Tax Ms 0555 PO Box 8050 Bentonville Ar 72712 -8055 Taylor, Peggy 5000 Surrey Ct NRH Tx 76180 -7810 Honeysucker, Robt Etux Shirley 5017 Surrey Ct NRH Tx 76180 -7810 Grantland, Jerry Etux Susan 5004 Lake View Cir Fort Worth Tx 76180 -7808 Delong, Nancy Lee 5005 Lake View Cir Fort Worth Tx 76180 -7809 Hills Church of Christ, The 6300 NE Loop 820 NRH Tx 76180 -7899 Sam's Real Estate Business Tr Re Proptax Dept Ms 0555 PO Box 8050 Bentonville Ar 72712 -8055 Urbanovsky, David E Etux Mitzi 5004 Surrey Ct Fort Worth Tx 76180 -7810 Barrow, J Brent Etux Stadyn 5013 Surrey Ct Fort Worth Tx 76180 -7810 Phillips, Rosa M Etvir James F Birdwell, Bobby J Rose, Ron G Etux Lyn A 5009 Surrey Ct 5005 Surrey Ct 5001 Surrey Ct NRH Tx 76180 -7810 Fort Worth Tx 76180 -7810 Fort Worth Tx 76180 -7810 ORDINANCE NO. 3227 SUP 2012 -04 AN ORDINANCE OF THE CITY OF 'NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW A GAS WELL PAD SITE ON PROPERTY LOCATED ON 10.419 ACRES AT 6400 NE LOOP 820 DESCRIBED AS LOT 2, BLOCK 8, MEADOW LADES ADDITION; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLA!ND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow a gas well pad site located on 10.419 acres described as Lot 2, Block 8, Meadow Lakes Addition at 6400 NE Loop 820 described in the attached Exhibit "A ", and approving the site plan attached as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 10th day of December, 2012. A O- ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21 U:19]►1=I'IF -IRM 119I+161►1021 :16 �3I r' Aila� ►i C�� 0ii 1i�CilW�1► �+`�J 1�]illA Oscar Trevino, Mayor John Pitstick, Planning & Development Director EXHIBIT A All that certain lot, tract or parcel of land situated in the R. P. Barton Survey, Abstract 175, the Tehtha. Akers Survey, Abstract 19 and the W. A. Trimble Survey Abstract 1520 in the City of North Richland Hills, Tarrant County, Texas and being a part of Block 8, Meadow Lakes Addition, an addition to the City of North Richland Hills recorded in Volume 388 -183, Page 95, Plat Records, Tarrant County Texas, and a part of that certain tract of land conveyed to Richland Hills Church of Christ by deed recorded in Volume 7923, Page 206, Deed Records, Tarrant County Texas, and being more particularly described by metes and bounds as follows; Beginning at an "" cut found in concrete at the southeast corner of said Church of Christ tract, also being the southwest corner of Lot 3R, Block 1, Five Star Ford Addition, an addition to the City of North Richland Hills recorded in Cabinet A, Slide 9173, Plat Records, Tarrant County, Texas, also being the northeast corner of that certain tract of land conveyed to Texas Electric Service Company by deed recorded in Volume 2868, Page 449, Deed Records, Tarrant County, Texas; THENCE South 65 degrees 35 minutes 26 seconds West, along the southeasterly line: of said Church of Christ tract, also being the northwesterly line of said Texas Electric Servicc Company tract, a distance of 390.08 feet to a 518 inch iron rod found, being an angle point in the southeasterly line of said Church of Christ tract and an angle point in the northwesterly line of said Texas Electric Service Company tract; '1`HENCE South 72 degrees 10 minutes 35 seconds West, continuing along the southeasterly line of said Church of Christ tract, also being the northwesterly line of said Texas Electric Service Company tract, at a distance of 473.66 feet passing the southeast corner of said Block 8 and continuing in all a distance of 683.46 feet to a 98 inch iron rod set with a plastic cap stamped "TNP'; THENCE North 00 degrees 45 minutes 09 seconds West, a distance of 612.04 feet to a 518 inch iron rod with a plastic cap stamped "TNP" set on the south right of way line of Interstate Highway 820, also being the north line of said Block 8 and the north line of said Church of Christ tract; THENCE North 89 degrees 14 minutes 51 seconds East, along the south line of said Interstate Highway 820, also being the north line of said Block 8 and the north line of said Church of Christ tract, at a distance of 202.77 feet passing the northeast corner of said Block 8, and continuing in all a distance of 1014.51 feet to a 518 inch iron rod with a plastic cap stamped "TN set for the northeast corner of said Church of Chri st tract, from which a 518 inch iron rod found bears North 00 degrees 06 minutes 59 seconds East a distance of 0.27 feel, another 518 inch iron rod found bears South 54 degrees 15 minutes 22 seconds West a distance of 2.46 feet and another 518 inch iron rod found bears South 46 degrees 58 minutes 42 seconds East a distance of 1.76 feet; THENCE South 00 degrees 06 minutes 59 Seconds West, along the east line of said Church of Christ tract, a distance of 254.91 feet to the Point of Beginning and containing 1.0.419 acres of land, more or less. This document was created for review purpose only. "Preliminary, this document shall not be recorded for any purpose." Steve L. Hampton, RPLS Texas Registration Number 5172 Release date 101712010 EXHIBIT B {CHURCH OF CHRIST PAD PROJECT SPECIAL USE PERMIT NORTH OF LAKE VIEW CIRCLE N RICHLAND HILLS, TEXAS cmas`--a .ENGINEER ! SURVEYOR: 1t 07.02 peake ; ; HALFF' E%H IBIT- CONCEPTUAL. DEVELOPMENT PLAN C2397 DRAINAGE AREA MAP 1201 WO 80Y1@9i ii(FdID TRANSPORTATION ROUTE F4C [3141139 -P 1!P FFM MF -912 LVRTACr, pygry p 1"ll PL fiY'N41Y,19 SEPTEMBER $612 AV0.26724 -DR322 FGR FOR „iFJN3 1 &?02 �is'ry nwp p6.aly�pe,K,opu SHEET INDEX 09.07 DRILLING SITE PLAN 07.02 PRODUCTION SITE PLAN 07.03 E%H IBIT- CONCEPTUAL. DEVELOPMENT PLAN C2397 DRAINAGE AREA MAP 03:01 TRANSPORTATION ROUTE C4_01 ExH IBIT - LINE OF SIGHT 9.1,07 LANDSCAPE PLAN M1A1 PHOTOMETRIC ANALYSIS P1A7 PIPELINEROUTE Sib SCREENING WALL DETAILS // vrsssn - w uoc xvrnxgt.. p �nre.n - I wo A ' - . � . wU —_ -_ - ._.___ .:. 7y/�� * : - T. 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I z C2.01 V.389�,23. e.27 AA O A4 x m 2 z Fri > 0 m 1AN119 NT vil rl 0 V dHSNQKF: 11 HDI ll�lv Is W-IANA 'j T, 51 L- Fj Frj f /C , 77 (5 ;7' 1-) A SWAM r C; [1�7d S AFiN C—NOM-1 7D - iC z r z /Z� L A - :, 1 CD T - Ic! TM m D Ici H. I T � ; to C: L 7 - F71 � E ' N I-S 1 � -�Q -C C-) I 'T -1 , 'IT 21 _ r � n v 0 (n Ca r l /< er r . .... .. .. .. F 5 VIEW Al LOOKING NORTHWEST FROM RESIDENCE �uamuwres, err�e «nmwxuw�eeroww�war�caeu ¢,E - °" VIEW #2 LOOKING NORTHWEST FROM RESIDENCE VIEW #3 LOOKING SOUTHWEST FROM LOOP 820 SERVICE ROAD ix LLJ LLJ g u C LLI ac- 0 J h LL LL 12 IF XUR min som I �,14 _24,01 N lW tta_a��rsueuv. :� I � t .. I III �I II� ra �� r W Z a uj 4L) IL LA I I I I V � xA ^oLL ,T� .... �e i — • „I .� y 6. V LL I n I � pl l I xF]f� T 'AI1- ����$ _ m« "__' p � Iuw +rmeRmue� ens �.$ 1 eEb CA�Y� ,. uxs¢Yx wxtl. ��[r.xcnxxr iv. va PREL MINARY I I laml •maul m.xrvu 1Oi�.,.• l a ��J I 1tMA1IN✓flEB EmLt do a't vs RlhalP la btu wra le Ll- E—i -11 U I 1 3- 1, 12 I= tr1• ac 1-1 •1 Z 11 11 , trh. Kohn Z P " 1 1 1 1 . 1 "11 1 FL� LL LL ONE ONE OEM T U) Z F- LU L) 0 0 CL ) 0 WW C) LL 0 m L) C) PRELIMINARY FOR MTERIM RENEW OW D� AS HoT D'a ' N. m1.01 �� / \} AwInw-11 Zo 2 6222 JMN IA:E' 77- =-L= - rr @ t VIM= T IP, rl I -- NP YYi SF-IzGIT'IGATIONS AND NOTL % 0 TTIGRL 1NiL PHIL =L 1 17 Z , 0 � M C) C� cl) Z o LU LU LL Q I 51.0 COMMUNICATION FROM THOSE WHO OPPOSE ON THE FOLLOWING PAGES Planning & Zoning Commission Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. NAME:. `; DATE: ADDRESS; t L f 1�_ C-Z f ADEN ITEM T INTER ST ARE YOU; O Y U I OS EAK? FOR AGAINS YES NO THANK YOU FOR COMING��`� - � City of North Richland ,Mills Planning & Zoning Commission Please print the Information listed below and FORWARD TO THE RECORDING SECRETARY. NAME: Ok 0 8 - 0 0 DATE: ADDRESS .. �, AGENDA ITEM OF INTEREST AR C) DO YOU WISH TO SPEAK? FOR AGAINST YES NO y THANK YOU FOR COMING City of North Richland Hills As a mineral owner who is eommittea to seeing mY mar►eazaM P„ aataur. - F �.•rr•••• : drilling at the Chesapeake Energy Church of Christ padsite, located at 8300 NE Loop 820 and iron Horse Blvd. in North Richland Hills. drilling at this locatlon would pave the way for my minerals and/or those of my neighbors to be produced, and I would like to learn more about proposed drilling and natural gas production at the Church of Christ padsite. I would like to learn more about proposed drilling and natural gas production at the Church IChrist pad Dame: I y 7 Address:ti�V City: State, zip' Email: Oviapealm Planning & Zoning Commission i Please print the information listed below and FORWARD To THE RECORDING SECRETARY. NAME: �ZATE; ADDRESS: 600 4 AGENDA ITEM OF INTEREST ARE YOU: DO YOU WISH TO S E ? FOR AGAINST YES NO THANK YOU FOR COMING City of North Richland Hills g Planning & Zoning Commission j Planning & Zoning Commission � Please print the information listed below and FORWARD TO THE RECORDING Please print the information listed below and FORWARD TO THE RECORDING SECRETARY. ,c� ,1 SECRETARY. / l! � NAME: ��,$✓1 G SU 0� DATE: t — i J NAME: �� DATE: r J' r� ADDRESS: `f ADDRESS: t -, AGENDA ITEM OF li3TEREST r DO YOU WISH TO SPA ? ARE YOU: YE5 NO FOR AGAINST THANK YOU FOR COMING City of North Richland Hills AGENDA ITEM OF INTEREST ARE YOU: DO YOW 1SH TO SPEAK? FQR AGAINST YES NQ I THANK YOU FOR COMING I City of North Richland Hills November 26, 2012 Plannin Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, TX 76180 Re: Appeal Request from Chesapeake Operating Ing. for Special Use Permit Church of Christ Well Pad Site at 6400 NE Loop 820 Dear Sir: We live at 5004 Lakeview Circle which is within 600 feet of the proposed well site. We want to protest the approval of the well pad site for the following reasons: 1. Noise factor 2. Additional traffic in neighborhood 3. Decreased property value 4. Possible flooding issues concerning our house and property 5. Unattractive addition to our neighborhood and the City of North Richland Hills Three years ago, the flood plan was redrawn and as a consequence, our property is now in a flood area. This meant we had to buy flood insurance for our property which I'm sure you are aware is very costly. Several houses on our street and oil Surrey Court are now included in this flood plan. We feel that any construction /disturbance such as a well pad site would only increase the possibility of flooding and destruction of our property and our neighbors properties. We attended the first meeting about this issue and several of the council members were not in favor of this well pact site at the time. We whole heartedly agree with the council and do not think this well pad site appeal should be approved. Thank you for your consideration. Jerry and Darlene Grantland 5004 Lakeview Circle North Richland Hills, TX 76180 817 -485 -4643 Dear City Mayor, Council Men and Women and Staff, My name is Travis Woodall, property owner and resident of 5015 Lake View Circle NRH, TX 761813. The following is in regards to: Case #. SUP 2012 -04 Applicant. Chesapeake Operating, Inc. Location. 6400 NE Loop 820 I am not able to attend the hearing in person but I would like to send my "voice" via this email. I am opposed to the proposed site choice which would be directly behind my property. The proposed site choice is within 61313 ft of my house which is the reason for my appeal Due to noise, traffic and other unknown effects due to the nature of the work involved, I am firmly stating my appeal. Please accept this as my formal appeal or reply how I can appeal without being able to make the public hearing. Thank you for keeping our community and local government involved with residential issues such as this one. Happy Holidaysl If needed please forward to the Planning Department as the notice stated but did not give an email address. Thank You. Thanks, Travis Woodall Steve and Candy Roos 5024 Lake View Circle North Richland Hills, TX 75180 December 3, 2012 NRH City Council 7301 Northeast Loop 820 North Richland Hills, TX 75180 Ref: Chesapeake Exploration Appeal for Special Use Permit, Church of Christ Well Pad Site City Council Members: My wife and I have been residents of NRH at this address for 28 years, raised our family here, developed property, done business, participated in city programs, Chamber of Commerce, youth sports, etc. and are proud to have been part of the phenomenal' development of this beautiful city guided by an astute city leadership. Therefore, we take a great deal of pride and ownership in the city and its future development including concern about the location of a major well site in our City. 1, along with many other residents, am extremely concerned about Chesapeake Exploration's request for a Special Use Permit or basically exceptions to the regulations regarding the location of a drilling site in proximity to residential dwellings and visibility from a major highway and other city facilities such as Iron Horse Golf Course. We attended the very first (and all of the subsequent) home owners' meeting that was held at the Diamond Oaks Country Club by Chesapeake and/or their representatives. At that meeting, the representative indicated that the drilling site for Meadow Lakes Subdivision would be off Iron Horse Drive in an industrial /commercial area behind De la Rosa Upholstery and would utilize directional drilling to access the gas deposits. When initially questioned, the representative's presentation and response indicated that the site behind the Church of Christ would never be used for drilling because the set back distances from TxDot(820) the ONCOR easement and residential housing were not within regulations. The Meadow Lakes Horne Owners Association President produced a map from Chesapeake with the area behind the church yellow highlighted as a potential drilling site. When confronted and asked to explain why the map contradicted his presentation and what was really true, he reluctantly admitted that this was one of their potential drilling sites but the site on Iron Horse was the primary site with the least restrictions and they had no intentions of pursuing the church site. In addition, the Church's representatives indicated they had no intention of allowing drilling on their property. The reason I shared this with you is to document that their original primary site is another viable alternative drilling site. Obviously, Chesapeake and the Church of Christ have changed their position on this drilling site since they are the ones who will benefit financially from this location. The Church from additional royalties and Chesapeake from reduced drilling expenses. The City and the residents of Meadow Lakes will receive the same royalties regardless of the drilling location. Therefore, why would we want this large, ten well permanent production site at the front door of our city for people east hound on the newly expanded and upgraded 820 thoroughfare, or the main visible site for the thousands of people who shop at the retailers directly across the highway every year. The City's own Planning and Development Department has evaluated this site and recommended denial of the permit. Our request is that you respect and uphold their decision. Respectfully submitted, Steve and Candy Roos COMMUNICATION FROM THOSE WHO SUPPORT ON THE FOLLOWING PAGES INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS I, Margie N Pearson, am the owner of real property located at 5008 lake View Cir, North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol. 014184 and Page 0471 Plat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -11, Tarrant County, Texas and described as Block 1, Lot 11 in the Meadow Lakes. Addition. 1 understand that the current Gas Drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three- hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesaneake 00eratina Inc. consent to drill' one or more gas wells closer than six - hundred (600) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three - hundred (300) feet from the Protected Use located on my property. The distances shat➢ be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. EXECUTED to be effective as of the E day of .061 , 2011. STATE OF TEXAS § COUNTY OF TARRANT § PROTECTED USE PROPERTY OWNER Margie N Pearson Sy:' Q-C r �Q A) 1 00 BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoi g instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this I day of i9f.0- , 2011 My Commission Expires- v Z419 r CAVA, 1 7J41,C�d AuflIA Notary Public in and for the State of Texas , brro-s CHARLES VINCENT GERR1314 * �y Notary Public, State of Texas My Commission Expires �t; May 23, 2016 INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS We, Jerry W Grantland and Susan Grantland, are the owners of real property located at 5004 Lake View Cir. North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol. 007616 and Page 1356 Plat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -10, Tarrant County, Texas and described as Block 1, Lot 10 in the Meadow Lakes Addition. I understand that the current Gas Drilling and Production Ordinance of the City of North Richland Hills rewires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.130) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesapeake Operating Inc. consent to drill one or more gas wells closer than six - hundred (600) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three- hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the protected Use on my property. EXECUTED to be effective as of the day of -ft� PROTECTED USE PROPERTY OWNER Jerry W Grantlandd� B f.Z Susan Grantland. By: STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared 5w.. (,. known t o me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this day of 2011 otary Pubic and for the State of Texas My Commission Expires: SCOTT CASTANEDA Notary Public STATE OF TEXAS My Comm Exp. Jun. t T, 2014. . SC STANEDA ' Notary Public -TEXAS G �' �riy Comr, 'gip Jun 17. - _,. 4.....t� <.......z , ,.t�J INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND DILLS We, Ron G Rose and Lvn A Rose, are the owners of real property located at 5001 Surrev Ct. North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol. 007988 and Page 2205 Plat records of Tarrant County, Texas or per Tax Tract Number 25425- 1 - Tarrant County, Texas and described as Block 1, Lot 8 in the Meadow takes Addition. I understand that the current Gas !Drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three- hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital 'building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesapeake Operating Inc. consent to drill one or more gas wells closer than six- hundred (500) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three- hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight dine, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. EXECUTED to be effective as of the / day of u luleink , 2011. STATE OF TEXAS COUNTY OF TARRANT PROTECTED USE PROPERTY OWNER Ron G R�� By: Lyn A Rose B y : BEFORE ME, the undersi ned, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this day of 011 >5fa `lic in a or the State of Texas My Commission Expires: c! 61i: i[[ ixeua5xs[ sel »ais.^€;• ` ( B V.y rt SCOTT CAS T ANEQA I Nolary Public i STATE OF TEXAS l 1 Comm. Exp. Jun 17, 2074. i- � mu , s �s�rs� ..:,�x[�*...�ssxr_zc- .u.s=..� n,� <.�•.'*�•a.n..�„:? INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS I, Bettv C Pratt, am the owner of real property located at 5012 Lake View Cir. North Richland Hills, Texas, more particularly shown on the map of record as flat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -12, Tarrant County, Texas and described as Block 1, Lot 12 in the Meadow Lakes Addition. I understand that the current Gas drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (30 0) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesaoeake 013eratinq Inc. consent to drill one or more gas wells closer than slx-hundred (500) feet to the Protected Use located on my ,property, but in any event, the gas wellbore may not be located any closer than three- hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. EXECUTED to be effective as of the l t day of tDc --"o.r , 2011. T: �s�lix����1 •�y��CTa}'a�:ila'tal�i'r11i1�.� Be Pr STATE OF TEXAS § COUNT'S OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared �i -, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this i_ day of D, 2011 y�is in nd f T te ar My Commission Expires: �� 41tI �Ze" f SCOTT CASTANEDA f atary Pubic TINE- OF TEXAS �` p . hfy y Cnrn� � � Exp dun 17,2014! INDIVIDUAL P ROPERTY DINNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS We, Robert Honevsucker and Shirlev Honevsucker, are the owners of real property located at 5017 Surrev Ct. North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol. 011189 and Page 2083 Plat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -4, Tarrant County, Texas and described as Block 1, Lot 4 in the Meadow Lakes Addition. I understand that the current Gas Drilling and Production Ordinance of the City of North Richland HMIs requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesaaeake Or)eratina Inc. consent to drill one or more gas wells closer than six- hundred (500) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three- hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or-objects, to the closest exterior point of the Protected Use on my property. EXECUTED to be effective as of the L' day of 2011. STATE OF TEXAS § COUNTY OF TARRANT § PROTECTED USE PROPERTY OWNER Robt H,6kieysucker By. Shirley Honeysucker B BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ,r ,0 SI,ii4 t� , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she is the ,property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this i day of -Lx kO 2011 ot�ry Public in and for the State of Texas My Commission Expires: �) SCOTT CASTANE}A Notary Public STATE OF l ExA I My Gomm Exp, Jury 17.2014. INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS I, Nancy Lee Delona„ am the owner of real property located at 5005 Lake View Cir. North Richland Hills, Texas, more particularly shown on the map of record as Plat records of Tarrant County, Texas or per Tax Tract Number 2.5425 -2 -2, Tarrant County, Texas and described as Block 2, Lot 2 in the Meadow Lakes Addition. I understand that the current Gas Chilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (30 0) feet. For ten dollars ($90.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesapeake 013eratina Inc. consent to drill one or more gas wells closer than six- hundred (040) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three - hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. EXECUTED to be effective as of the/ day of Ac-e the/ __ , 2011. PROTECTED USE PROPERTY OWNER Nancy Lee Gelong r �trrr By: STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned a Notary Public in and for the State of Texas, on this day ,personally appeared tJa rk LA , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Subscribed and sworn to before me this t b day of 1 2011 ary ublic in and for the State of Texas My Commission Expires: of air_ SG7TTCAST'ANEDA * * Notary Public :yl STATE OF TEXAS ,� „� x � : ' y C m:Exp. Jun„ it. 2014. INDIVIDUAL, PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS We, J Brent Barrow and Starivn Barrow, are the owners of real property located at 5013 Surrev Ct. North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol. 01 0431 and Page 0950 Plat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -5, Tarrant County, Texas and described as Block _{, Lot a in the Meadow Lakes Addition. 1 understand that the current Gas Drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (390) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesaoeake ODeratina Inc. consent to drill one or more gas wells closer than six - hundred (600) feet to the Protected Use located on my properly, but in any event, the gas wellbore may not be located any closer than three - hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. By granting my consent I understand that Chesapeake is relying on such consent and will suffer damages if this consent is rescinded for any reason, after execution. As such, I acknowledge that my consent is irrevocable and is binding on my successors and assigns forever. This consent may be tiled of record in the real property records of Tarrant County, Texas.. EXECUTED to be effective as of the y day of Jwtw , 2012. i STATE OF TEXAS § COUNTY OF TARRANT § PROTECTED USE PROPERTY OWNER J 'Wren a r 2&w By:.� arlyn ' rrow BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared j, gr,,4 uvA SkAelYr, 9krrc known to me to be the person whose name is subscribed to the foregoing instrument an acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. 4- Subscribed and sworn to before me this day of IwKc v"� 2012 L EE t. AND ERS ,.. Wotan public, State of TexaS My commission Expires September 15, 2015 Notary Public m and r the State of Texas M i q ty INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS We, Rosa M Phillips and Jaynes F Phillips, are the owners of real property located at 5009 Surrev Ct. North Richland Hills, Texas, more particularly shown on the map of record as deed Val. 015940 and Page 0064 Plat records of Tarrant County, Texas or per Tax Tract Number 25425 - - Tarrant County, Texas and described as Block. 1, Lot 6 in the Meadow Lakes Addition. I understand that the current Gas Drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building„ hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesapeake Operating Inc. consent to drill one or more gas weds closer than six - hundred (500) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three - hundred) (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. By granting my consent I understand that Chesapeake is relying on such consent and will suffer damages if this consent is rescinded for any reason, after execution. As such, I acknowledge that my consent is irrevocable and is binding on my successors and assigns forever. This consent may be filed of record in the real property records of Tarrant County, Texas. EXECUTED to be effective as of the aday of 1 2012. PROTECTED USE PROPERTY OWNER STATE OF TEXAS COUNTY OF TARRANT § Ro hillips '� 1 Ja s Phillips B y BEFORE ME, the undersigned a Notary Public in and for the State of Texas, on this day personally appeared i, . r r known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the ca)acity therein stated. r�G Subscribed and sworn to before me this �Z day of _J5dk1J(f 2012 . � I My Commission Expires: Ine, r 6 pnur r ,a; 3 " %: CMARt ES VIFtCEiV3 C ERRiSn } ` c Notary Pubffc, State otTaxes • , My Commission Expires rk4 W May 23, 2016 I i I n Nota ry Public in and for the State of Texas Efectronically Recorded Tarrant County Texas dtficial Public Records 31912012 1;55 PM D212068709 INDIVIDUAL PlKWf�s09&4ER'S CONSENT FOWAVARVKH WITHIN THE CITY OF 'NCdCR ICHLANI3 HILLS We, Stephen C Roos and eamdemee Roos, are the owners of real property located at 5024 Lake View Cir. North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol. 007694 and Page 1615 Plat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -15, Tarrant County, Texas and described as Block 1 , Lot L5 in the Meadow Lakes Ac��ition. I understand that the current Gas Drilling and production Ordinance of the City of North l'{ichland Hills requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficlency of which are hereby acknowledged, I hereby grant to Chesapeak Operating Inc. consent to drill one or more gas wells closer than six- hundred (600) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three - hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. By granting my consent I understand that Chesapeake is relying on such consent and will suffer damages if this consent is rescinded for any reason, after execution. As such, I acknowledge that my consent is irrevocable and is binding on my successors and assigns forever. This consent may be filed of record in the real property records of Tarrant County, Texas. EXECUTED to be effective as of the L- day of f?b -012. PROTECTED USE PROPERTY OWNER Steph =;cam By :.� W L � - Ro STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, h under igned, a N tart' Public in and for the State of Texas, on this day personally appeare known to me to be the person whose name is subscribed to the foregoing mstrurrtent and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein started. Subscribed and sworn to before me this day of 2012 Notary Public in and for the State ❑ Texas My Commission Expires: CHARLES VINCENT GERRl6H _ Notary Pubic. State of Texas my com rnIasien Expires May 23, 2013 i 1111 41 INDIVIDUAL PROPERTY OWNER'S CONSENT FOR A GAS WELL WITHIN THE CITY OF NORTH RICHLAND HILLS I, Bobbv J Birdwell, am the owner of real property located at 5005 Surrev Ct. North Richland Hills, Texas, more particularly shown on the map of record as Plat records of Tarrant County, Texas or per Tax Tract Number 25425 -1 -7, Tarrant County, Texas and described as Block 1, Lot 7 in the Meadow Lakes Addition. I understand that the current Gas Drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three - hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use ") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.40) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesapeake Oneratinq Inc. consent to drill one or more gas wells closer than six - hundred (600) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three - hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. By granting my consent I understand that Chesapeake is relying on such consent and will suffer damages if this consent is rescinded for any reason, after execution. As such, I acknowledge that my consent is irrevocable and is binding on my successors and assigns forever. This consent may be filed of record in the real property records of Tarrant County, Texas. EXECUTED to be effective as of the d day of n , 2012. PROTECTED USE PROPERTY OWNER Bobby J Bi Ii ' By:� STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appearedA' )J( *1s7.t known to me to be the person whose name is subscribed to the foreg mg instrument and acknowledged to me that he or she is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capac therein stated. Subscribed and sworn to before me this i_r__ day of hrr 2012 My Commission Expires: ' All r Notary Public in Afor e " State of Texas * -0 CHARLES VINCENT GERRISH ' Notary Public. State of Texas �. My Commission Expires May 23, 2015 Electronically Recorded Tarrant County Texas Official Public Records 3/9,t2012 1:55 PM D212068708 PGS 1 $16.00 INDIVIDUAL PROff &3Ifs0V@iER'S CONSENT FORf'bl WITHIN THE CITY OF NORTH RICHLAND HILLS 1 AJ S We, 1 „nd Vonle H Seeton, are the owners of real properly located at 5628 Lake View Cir. North Richland Hills, Texas, more particularly shown on the map of record as Deed Vol, 007502 and Page 0176 Plat records of Tarrant County, Texas or per Tax Tract Number 26425 -1 -16, Tarrant County, Texas and described as Block 1, Lot 16 in the Meadow Lakes Adder. I understand that the current Gas Drilling and Production Ordinance of the City of North Richland Hills requires all gas wells to be drilled three- hundred (300) feet from any residence, religious institution, public building, retail or commercial building, hospital building or school for which a building permit has been issued, (hereinafter "Protected Use") but allows the property owners of such uses to consent to the drilling of gas wells to occur closer than three hundred (300) feet. For ten dollars ($10.00) and other valuable considerations in hand paid, the receipt and sufficiency of which are hereby acknowledged, I hereby grant to Chesapeake O:zeretina Inc. consent to drill one or more gas wells closer than six - hundred (600) feet to the Protected Use located on my property, but in any event, the gas wellbore may not be located any closer than three - hundred (300) feet from the Protected Use located on my property. The distances shall be calculated from the proposed well bare, In a straight line, without: regard to intervening structures or objects, to the closest exterior point of the Protected Use on my property. By granting my consent f understand that Chesapeake is relying on such consent and will suffer damages if this consent is rescinded for any reason, after execution. As such, I acknowledge that my consent is irrevocable and is binding on my successors and assigns forever. This consent may be filed of record in the real property records of Tarrant County, Texas. EXECUTED to be effective as of the K- day of , 20312. PROTECTED USE PROPERTY OWNER By: Vorll " S t on �,1 Bye STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, th unde�ig� Notary Public in and for the State of Texas, on this day personally appeared t? �, known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he or she Is the property owner of the property described above and executed the same for the purposes and consideration therein expressed, and in the capacity therein staters. Subscribed and sworn to before me this v day of , 2012 ( !A� �1� �&J Notary Public in and for the State of Texas My Commission Expires: r qx , o CH ARLES VINCENT GERRISH Notary Pubilo, State of faxes My Commission Expires May 23, 2016 11 11 EXCERPT FROM THE MINUTES OF THE NOVEMBER 15, 2012 PLANNING AND ZONING COMMISSION MEETING SUP 2012 -04 Public Hearing and Consideration of a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Church of Christ Gas Well Pad Site on 2.678 acres at 6400 NE Loop 820. Leah King, Chesapeake Energy, 100 Energy Way, Fort Worth, TX carne forward with a request for SUP for the Church of Christ Pad Site owned by The Hills Church of Christ. She gave a Power Point presentation of the proposed site just to the east of the church structures. This pad would have the ability to accommodate up to 10 wells, 3 units to be developed with all the area coming to roughly 1000 acres. There are multiple homes, schools, business and churches that would benefit from the mineral production from the sites. There are 3 ways to get to the site. One being to come off of Loop 820 down the western portion of Meadow Lakes Drive , another to come off of 820 and down Rufe Snow, third off the proposed exit ramp that TX DDT would construct that would take us off of the frontage road into the pad site. We come to make the same commitments with all our sites with landscaping added during next planting season; this property will have an electric rig on site with 32 foot sound blankets to mitigate noise from nearby homes. We are requesting a permit for the pad site that has the potential to accommodate up to 10 wells. Approximately 1000 would be affected from the mineral rights off this site. Chairman Shiflet asked what was the approximate length of the pad side east to west? Ms. King said she didn't have exact but it's probably slightly longer than 300 foot. Chairman Shiflet asked if this would be at the same elevation with the service road in front of Sam's and Walmart? Ms. King said yes it is the same elevation. Don Bowen asked if any trees would be planted along the wall? Ms. King said yes, there would be some shrubs very similar to TCCD South site. There is not space for the larger ones like we are proposing on the Anejo site. Don Bowen asked if the ,possibility exists that traffic will go down Meadow Lakes Drive? He said that would not be acceptable. Ms. King said we have 3 options and will go with whichever is recommended. Don Bowen said if this was approved it would have to be excluded because that road could not handle the traffic. John Pitstick said the frontage was actually closer to 500 feet, we had plans in the back to measure. Chesapeake is proposing 10 wells at this site owned by The Hills Church of Christ. The property is currently zoned for PD and Institutional uses related to the Church of Christ. The SUP process does not relax any regulations from Chapter 104 standards in the "Gas Drilling and Production" ordinance. The proposed Church of Christ well site sits directly on Loo 820 frontage on the taking line and that is a significant concern from a Staff perspective. They are proposing a curb cut off the frontage road of Loop 820. There will be landscaping along the 'back side with an 8 foot wall that is 500 foot long directly on the property with no setbacks. There is no land for additional development along 820 or no effective setbacks for landscaping or screening. Staff does not feel like it's the appropriate land use on the gateway of our community on Loop 820. Typically there have been a few cases that have come forward, like Huggins Honda, and they had to provide at least 15 foot landscape buffer with monumentation along the frontage. We understand that the church does not have any intentions to sell their property and they want to use it at their location. Staff has concerns over the transportation route. We would not be in favor of any type of heavy traffic on Meadow Lakes Drive in the residential neighborhood. We have received about 297 cards in favor of this site. There are about 12 property owners in affected by this site, we have received letters farm 11 of the 12, so we do not have any public opposition for the Church of Christ at this time. Staff feels this location is not appropriate at this time. Chairman Shiflet asked if the Rufe Snow exist for the east bound for the new freeway be prior to the railroad tracks? John Pitstick said that is correct. Craig Hulse said the ramp will be at the grade, which is lower level, when it's with the general purpose lanes. The demarcation where you merge onto the off ramp verses staying on the highway. It will eventually increase in elevation over a long stretch of road but it will be below the Iron Horse Bridge and DART rail line and increase in height as you get towards the frontage road about where the parking lot you see for the church now. Chairman Shiflet said he was looking at a topography map and this site today is about 30 foot lower than the Walmart at various points. There was a general discussion about what the frontage road and elevations would look like when completed between Greg Van Niewenhuize, Craig Hulse and the Commission. Chairman Shiflet opened the Public Hearing on SUP 2012 -04. John Wood, 5036 Lake View Circle, against but does not wish to speak. Steve Roos, 5024 Lake View Circle, against the site due to noise, extended disruption with construction, traffic in 'Meadow Lakes, water flow and flooding. Candy Roos, 5024 Lake View Circle, against site but does not wish to speak. Jim Phillips, 5009 Surrey Court, against the site due to various reasons and agrees with other property owners. Mike Washburn, 5750 Walnut Creek Drive, Fort Worth, Executive Minister at The Hills Church of Christ. He said the access road addressed earlier is quite low at the church property, approximately 30 foot drop off at the parking lot level. It's about a 20 -25 foot drop off at the Tower level and at the end of the drill site it is at a level place. The Church of Christ is supportive of the well site and looks forward to accessing the mineral rights and for the neighbors that will benefit from them. Jerry Grantland, 5004 Lake View Circle, against site but does not wish to speak. Chairman Shiflet closed the Public Hearing and entertained a motion. I] W11=161 Don Bowen motioned to deny SUP 2012 -04, seconded by Kathy Luppy. The motion was passed unanimously (5 -0). Kathy Luppy said this Commission has worked hard to preserve the image of our city. With the new construction on Loop 820, this gateway that is being put in our laps, we need to really think about what people will see when they drive into North Richland Hills, and I don't believe a gas well is the right thing to do. Don Bowen said he agrees 100%, it would not be what you want to see passing the golf course. At some point, this could be some very valuable commercial property along this 12 lane freeway and with the neighbor's concerns, can't be supported. There as a discussion about letters of opposition from property owners, which were never turned in to the city from Chesapeake. Chairman Shiflet asked if Lot 15 was within 600 foot ? Don Bowen suggested that if there are letters of opposition they send it directly to the city. Chairman Shiflet said he doesn't ever recall ever approving a pad site that has opposition within 600 foot. He said he wished it would work and was not aware that there was opposition of those within 600 foot. The City of North Richland Hills Gas Ordinances has worked very well and will vote in agreement with those having concerns. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -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: 12 -10 -2012 Subject Agenda Item No. E.0 PUBLIC WORKS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. E.1 PW 2012 -035 Approve an Ordinance Amending Chapter 102 of the North Richland Hills Code of Ordinances, Modifying the Criteria for Detention and Retention Structures - Ordinance No. 3228 Presenter: Caroline Waggoner, Civil Engineer Summary: The City Council is being asked to approve changes to the current criteria (which was previously adopted in 2002) regulating the design of detention and retention structures. General Descrir)tion: In May 2002 the City of North Richland Hills adopted an ordinance (No. 2624) to regulate the creation of new detention and retention ponds within the City. Until that time, the City's Public Works Design Manual, and Subdivision and Flood Damage Prevention Ordinances were the only regulating documents for the installation of new detention and retention ponds within North Richland Hills. The 2002 ordinance laid forth the conditions in which ponds were permitted, as well as the criteria for design and maintenance requirements for these types of structures. In the ten years since the ordinance was passed, approximately seven new developments have included detention and/or retention ponds, all of which are maintained by the land owner or developer. With the successful implementation of the ordinance, development has been able to continue in such a way that protects property owners yet does not overburden the City with regard to maintenance. However, in order to consider developments that are not currently applicable to the current detention /retention requirements but are desirable for the City, the regulations would need to be modified. Specifically, staff proposes the following modifications to the current requirements 1 . Allow detention ponds to be constructed in areas where no downstream drainage infrastructure exists yet where ponds could be accommodated without negative impact to adjacent properties, subject to SUP approval. 2. Update hydrologic runoff calculation criteria to reflect the amount of undeveloped land remaining in North Richland Hills. 3. Update hydraulic modeling requirements to reflect current software programs. 4. Increase outlet controls to restrict discharge rates, velocity and depth of flow into the downstream system or adjacent properties. Therefore, while currently detention /retention ponds are only allowed if the proposed development is discharging into a developed downstream system that does not have the capacity to handle the runoff as mandated in the City's drainage criteria, the attached ordinance would allow such a detention /retention pond under the following circumstances: • If one of the following criteria is met and the development is approved by City Council as part of a Special Use Permit (SUP): 1. Future downstream drainage infrastructure is not required or cannot be constructed at time of development due to lack of easements or right -of -way, OR 2. The pond discharges directly into a studied recognized watercourse or 1% Chance Floodplain, contributing less than 10% of the fully developed flow into said watercourse, OR 3. Future downstream improvements fall outside of the City's jurisdictional boundaries. • In all cases: 1. The pond shall be designed such that it can be abandoned if /when a downstream system is constructed. 2. The pond discharge shall not create adverse flooding or erosion conditions downstream and is in all cases subject to the approval of the Public Works Department. 3. Discharge shall arrive on downstream properties in a similar manner as it occurred under pre - developed conditions. The City Attorney has reviewed the attached Ordinance and determined it to be acceptable. Recommendation: Approve Ordinance No. 3228 " RH. 191 N AN ORDINANCE OF THE CITY OF 'NORTH RICHLAND HILLS, TEXAS, AMENDING SECTIONS 102 -124, 102 -125, 102 -142, 102 -143, AND 102 - 144 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND CHANGING THE CRITERIA FOR ALLOWING DETENTION /RETENTION PONDS; ESTABLISHING A PENALTY; AND PROVIDING FOR PUBLICATION. WHEREAS, staff has recommended amendment of the City's regulations concerning the use of detention /retention ponds where development is unlikely to be able to occur without such ponds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Sections 102 -124, 102 -125, 102 -142, 102 -143, AND 102 -144 of the North Richland Hills Code of Ordinances are hereby amended by changing the criteria for allowing detention /retention ponds which shall read as follows: "Sec. 102 -124. - When detention /retention ponds will be allowed. Detention /retention ponds will only be allowed if the proposed development is discharging into a developed downstream system that does not have the capacity to handle the runoff as mandated in the city's drainage criteria. A developed downstream system may include state department of transportation drainage facilities and/or existing city subdivisions that have drainage improvements that were constructed after 1984. Detention /retention ponds will be allowed to discharge to an undeveloped street or property if one of the following criteria is met and the development is approved by City Council as part of a Special Use Permit (SUP). 1. Future downstream drainage infrastructure is not required or cannot be constructed at time of development due to lack of easements or right -of- way, OR 2. The pond discharges directly into a studied recognized watercourse or 1% Chance Floodplain, contributing less than 10% of the fully developed flow into said watercourse, OR 3. Future downstream improvements fall outside of the City's jurisdictional boundaries. In all cases: The pond shall be designed such that it can be abandoned if /when a downstream system is constructed. 2. The pond discharge shall not create adverse flooding or erosion conditions downstream and is in all cases subject to the approval of the Public Works Department. 3. Discharge shall arrive on downstream properties in a similar manner as it occurred under pre - developed conditions. Sec. 102 -125. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, subject to final interpretation by the public works department: Concentrated flow means the flow of stormwater in a swale, ditch or channel, typically occurring after an outlet point or along a recognized water course. Design flood means the flood having a one percent chance of being equaled or exceeded in any given year based upon fully developed watershed conditions. This is commonly known as the 100 -year frequency flood, or base flood. Fully developed conditions shall be based on the most current future land use assumption plan for the city, or current zoning map, whichever produces the higher runoff coefficients for the drainage area generating the design flood discharge. Detention basin means a dry basin or depression constructed for the purpose of temporarily storing stormwater runoff and discharging all of that runoff over time at a rate of flow equal to or less than which would have occurred prior to installation of the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, fences, piping, headwalls, etc.) Federal Emergency Management Agency (FEMA) means the federal agency which has and does assist the Federal Insurance Administration administering the National Flood Insurance Program. Federal Insurance Administration (FIA) means the division of the federal government which oversees the Flood Insurance Program with the help of FEMA. Freeboard means the vertical distance between the design flood surface and the top of an open channel, dam, levee, detention or retention basin. The freeboard allows for wave run -up, wind tide, hydraulic jump, or other design conditions without overtopping the structure. Frequency means the reciprocal of the exceedance probability. For example, a 100 - year frequency storm is one which has a one percent chance of being equaled or exceeded in any year, and a five -year storm has a 20 percent chance of being equaled or exceeded in any year. Hydraulics means concerned with the determination of the maximum stage or elevation reached by the waters of a flood at a given location. A flood is said to have occurred when the maximum stage or elevation results in an overflow upon lands that are traditionally useable by man and not normally covered by water. Hydrology means concerned with the magnitude and frequency of the flood flow. The magnitude of the flood flow is the statement of the quantity of water that results from a given storm, whereas, the frequency is the statement of the average return or occurrence of a flood event. Inflow hydrograph means hydrographs used to determine the stormwater flow volume into a detention basin or retention basin. A hydrograph describes the variation in flow rate over a fixed period of time. Landscaping plan means a plan that identifies how the detention basin or retention basin will be landscaped. This plan will need to include the types of plants, trees, shrubs, grass, decorative fencing, etc., that will be used and will need to be approved by the city. Normal pool elevation means the level at which a retention basin was designed to be prior to a rainfall/runoff event. In a retention basin, this elevation will be the water surface of the conservation pool. Open channel means a channel, branch, creek, or stream in which water flows with a free surface. Pond means a still body of water located on the surface of the earth. Rational formula means a means of relating runoff from an area and the intensity of the storm rainfall as defined in the Public Works Design Manual. Retention basin means a pond which has been designed to have both a conservation pool for 'holding water indefinitely, and a flood storage pool for storing stormwater runoff on a temporary basis, for the purpose of reducing the peak discharge from the basin. This definition includes all structural components proposed for the basin (i.e., inlet structures, outlet structures, walls, retaining walls, fences, piping, headwalls, aeration systems, etc.). Surface water means water on the surface of the ground, the source of which is so temporary or limited that it cannot maintain for any considerable time a stream or body of water having well- defined and established existence. Surface water is derived from falling rains and melting snows, and continues to be such until it reaches some well - defined channel in which it concentrates and flows with other waters, whether derived from the surface or springs, and then it becomes the running water of a stream and ceases to be surface water. Swale means a shallow waterway. Swales are required above underground storm drains with capacity, along with the storm drain, to carry a 100 -year frequency storm. The city's Public Works Design Manual requires that such swales shall be concrete lined. Time of concentration means the estimated time in minutes required for runoff to flow from the most remote section of the drainage area to the point at which the flow rate is to be determined. Watercourse means a stream of water of such well- defined existence as to make its flow valuable to the owners of the land along its course. A "recognized" watercourse is further defined as a channel, creek, or underground storm drain which has at least a ten -year conveyance of capacity without flooding adjacent property. Watershed means the area contributing storm runoff to a stream, pond, or drainage system. Sec. 102 -142. - Runoff calculations. Detention /retention facilities shall be designed based on a 100 -year frequency storm runoff for the upstream drainage watershed area. Rational method. The "rational method" can be used to calculate the runoff rate and volume for drainage areas less than 250 acres. The formula for this method is Q = CIA. Hydrograph method. The "hydrograph method " will be used to calculate the runoff rate and volume for drainage areas equal to or greater than 250 acres. The HEC -HMS method developed by the Hydrologic Engineering Center (HEC) of the U.S. Army Corps of Engineers shall be used. Use of other hydrograph methods must be approved by the public works department prior to beginning design. Sec. 1012 -143. - Flood routine methods. The flood routing computer program to be used shall be either HEC -2 or HEC -RAS from the U.S. Army Corps of Engineers. Use of other computer program routing methods must be approved by the public works department prior to beginning design. Sec. 102 -144. - Parameters. a) Inlet. The inlet structure shall allow for the upstream 100 -year runoff to be discharged to the pond in a manner which minimizes erosion. b) Outlet. The outlet structure for detention basin /retention basin shall be constructed to minimize erosion and allow for the 2 -, 5 -, 25 -, 50- and 100 -year storm runoff to be discharged in a controlled manner. An outlet control structure will be installed on detention/retention basins to achieve the design discharge equal to or less than the runoff rate which existed from the watershed prior to this proposed development. On the outlet structure for retention basins, an emergency outlet valve and pipe shall be installed. The valve and pipe shall be at least eight inches in diameter and meet all city requirements for water system pipe and valves. Installation of the emergency outlet valve and pipe shall allow the retention basin to be drained to within a maximum of one foot of its design bottom. In addition- i. Outlet structures shall be located at least 50' from a property line and shall be designed to minimize potential erosion. ii. Discharge rates shall not increase for the 2 -, 5 -, 25 -, 50- and 100 -year storms. iii. Outlet velocity: No significant increase (maximum 5 %) is allowed in concentrated flow velocities for the 2 -, 5 -, 25 -, 50- and 100 -year storms. Post - development concentrated flow velocities cannot be increased by more than 5% above pre - development velocities. If existing concentrated flow velocities exceed six (5) feet per second, no additional increase in velocities will be allowed. iv. Flood heights (depth of flow) shall not increase across downstream properties. c) Storage. The detention/retention storage basin shall be designed to store that volume required to reduce the discharge rate out of the basin to not more than the runoff rate which existed from the watershed prior to this proposed development which includes the Ibasin. The detention/retention storage volume, excluding conservation pool, shall drain out completely within 24 hours of the end of a rainfall event. d) Freeboard. A minimum freeboard of one foot shall be required. This will be the difference in elevation between the 100 -year storm design water surface elevation, plus increased elevation created by wave action, wind time or hydraulic jump, anywhere on the detention/retention basin or decorative pond, and the lowest point on the surrounding embankment within the drainage easement. e) Side slopes. The embankment side slopes for the different basins or ponds will be as noted below. The top of the side slope shall be a maximum of 12 inches above the surrounding ground. The embankment of the basin shall not "act" as a levee. The 100 -year event shall not be higher than the surrounding ground. (1) Detention basin. Slopes shall be five to one or milder. (2) Retention basin. Slopes shall be four to one below normal pool depth and five to one above. f} Overbank. The overbank of the retention basin (and all detention basins) shall be block sodded with a public works department- approved native grass. The grass must be relatively established prior to final approval of the construction by the city. g) Depth. (1) Retention basin. The minimum depth of the retention basin shall be four feet from the normal pool elevation to the bottom between the toe of slopes. The maximum depth of a retention basin shall be no greater than ten feet. (2) Detention basin. The maximum depth of the detention storage in a parking lot can be designed is eight inches. For all other detention storage basins, the maximum depth shall not exceed ten feet. h) Velocity. The average velocity of flow through the detention or retention basin shall be no greater than five feet per second. i) Erosion control. Erosion control upstream and downstream of the basins shall be considered in the design. Erosion control systems shall be installed where necessary as determined by the public works department. j} Aeration. All retention basins will require aeration systems to be installed. The aeration system will be designed to keep the standing water from stagnating. All electrical service and maintenance costs for an aeration system shall be the owner /developer or homeowners association responsibility to pay. The aeration system will need to be approved by the public works department with the approval of the basin. The owner /developer's engineer will provide appropriate design calculations and/or shop drawings showing that the aeration system is "sized" adequately for the pond. The aeration system will need to have a screening /filter device to minimize pump blockage. k) Water supply. Provisions shall be made to keep the water surface elevation in a retention basin at the normal pool elevation. This will require the developer to submit plans and specifications for installation of a water well. Another alternative is a separate irrigation service connection to the city's water system to provide the water supply to recharge the basin or pond as needed. The cost of the water used to recharge the basin shall be the owner/developer or homeowners association responsibility to pay. Recharge design shall comply with all state and federal requirements. 1) Type of detention. The city will consider different types of detention facilities. Underground detention and parking lot detention are two examples of alternative detention facilities that may be allowed. (1) Underground detention. Will need to include one or more access points for maintenance, and be designed to minimize maintenance. (2) Parking lot detention. Will need to be designed in the "extra" parking spaces. No detention will be allowed in the required parking spaces. As stated previously, the maximum depth for parking lot detention shall be eight inches." 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: 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. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 10th day of December, 2012. If] I W96IM1 A9:IN191:IW-1 kill III: IIII&I ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney f 1, �:t91 D1 :1'1 119X016] `r 10 =1 ►16 Mike Curtis, P.E., Managing Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. E.2 PW 2012 -036 Approve the "Interlocal Agreement" with Tarrant County for the Partial Funding of the Construction of the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project Presenter: Gregory Van Nieuwenhuize, City Engineer Summary: The City Council is being asked to approve an Interlocal Agreement with Tarrant County which authorizes Tarrant County to fund a portion of the construction of the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project (ST0401) on an annual basis. General Descrir)tion: The Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project ( "Project ") is partially funded with Federal funds (Congestion Mitigation and Air Quality — CMAQ — funds), General Obligation Bonds, Certificates of Obligation and Reserves. Tarrant County has offered to also provide $295,000 towards the construction of the Project. The "end result" of the Project is that this intersection will consist of three (3) "thru" lanes in each direction, two (2) left turn lanes from each direction and "free" right turn lanes. The Interlocal Agreement from Tarrant County clearly lays out the terms of reimbursement of the available $295,000 in Tarrant County bond funds. Additionally, the Agreement provides for: • The County to reimburse NRH 50% of the actual construction costs of the as- built final total project cost, or an amount of $295,000, whichever is less. • NRH to provide a monthly progress report documenting the project's construction rate to the County. • Any public notice type construction signage is to recognize the funding from the 2006 Tarrant County Bond Program. • The agreement also includes a schedule of funds availability, which is compatible with the expected timeline of expenditures during construction. It should be noted that a requirement of Tarrant County is that the term of this agreement will conclude with the ending of the current fiscal year (unless terminated sooner). However, Tarrant County has committed to "annually renewing" this agreement. This is typical with these types of interlocal agreements with Tarrant County. Consequently, because construction is anticipated to extend over two (2) fiscal years, the City Council will need to take action on subsequent "renewal" agreements in future fiscal years. Recommendation: Approve the "Interlocal Agreement" with Tarrant County for the Partial Funding of the Construction of the Davis Boulevard/Mid-Cities Boulevard Intersection Improvements Project (5T0401). U4 OLER T �KEY-S. Davis Blvd /Mid- Cities Blvd Intersection - [TEA -21] Z� Davis Blvd/ Mid- Cities Blvd Intersection [TEA -21 ] N s N RTH RICHLAN'D HILLS 1 R 9 Project Locator Map STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of North Richland Hills, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court and the governing body of the CITY find serves a public purpose and the public welfare of the citizens of Tarrant {County. The COUNTY and the CITY snake the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Code; 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this agreement; and 5. The division of costs provided in this agreement constitute adequate consideration to each party. I. PROJECT DESCRIPTION This project will consist of adding additional right and left turn lanes as well as signalization improvements at the intersection of Davis Boulevard and Mid - Cities Boulevard. I. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: Interlocal Agreement Transportation Bond 2006 -2007 Page 1 A. All as -built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost (collectively referred to as "Costs "); B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the project. F. CITY will include the following language on all on -site public notice signage: "This project is funded by the City of North Richland Hills and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program" III. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner per Section XI of this agreement. IV. COST COUNTY agrees to reimburse CITY either $295,000 of its Costs or 50 of its Costs, whichever amount is less. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the worm has been completed and that the funds being requested have been expended. CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement.. Interlocal Acireement Transnortatlan Bond 2006 -7007 Page 2 V. AGENCY - INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this agreement without the prior written consent of the other party. .0 IJ Wyl 'A 1i ► w No person other than a party to this agreement may bring a cause of action pursuant to this agreement as a third party beneficiary. This agreement may not be interpreted to waive the sovereign immunity of any party to this agreement to the extent such party may have immunity under Texas law. VIII. AUDIT OF RECORDS CITY's records regarding this project shall be subject to audit by the COUNTY during the term of this agreement and for two years after the completion of the project. IX. ENTIRE AGREEMENT This agreement represents the entire understanding of and between the parties and superseded all prior representations. This agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This agreement shall be governed by the laws of the State of Texas and venue for any action under this agreement shall be in the district courts of Tarrant County, Texas. Interlocal Aareement Transportation Bond 2006 -2007 Page 3 X. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance. Such notification will be in the form of written correspondence delivered by regular mail, XI. TERMINATION Until funded by the COUNTY as described in Paragraph IV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return - receipt, postage prepaid, addressed as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 CITY: City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Dills, Texas 76180 APPROVED on this day the County. TARRANT COUNTY STATE OF TEXAS County Judge day of , 2a , by Tarrant Commissioners Court Order No. CITY Signature Interlocal Aareement Transportation Bond 2006.2007 Page 4 CERTIFICATION OF VAIL4BLE FUNDS IN THE AMOUNT OF$ Certification of Funds Available as follows: Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2008 Fiscal year ending September 30, 2009 Fiscal year ending September 30, 2010 S Fiscal year ending September 30, 2011 Fiscal year ending September 30, 2012 Fiscal year ending September 30, 2013 S All future vears fundina is continaent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2015 $221,250 $73,750 $ $2g5,000 ** Auditor's Office APPROVED AS TO FORM: APPROVED AS TO FORM AND CONTENT; District Attorney's Office* City Attorney * 6y law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve a agreement 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). * *This amount includes $45,000 in Commissioner discretionary funding Interlocal Aareement Transportation Bond 2006 -2007 Page 5 Elr0F.ToIkiIVIV.1 Project Information City: City of North Richland hills Project Narne. Intersection improvements at Davis Blvd. and Mid - Cities Blvd. Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Oct -2013 10 Aug -2014 * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase for which payment is expected is successfully completed, as detennined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Proposed County Pavment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $295,000 Count Funding $ Total: $295,000 ** Proposed County Pavment by Calendar Ouarter (SUBJECT TO CHANGE) 4"' Quarter $ $73,750 Interlvcal Arareement Transportation Bond 2006 -2007 Rage 6 1 st Quarter 2 " Quarter 3"' Quarter 2007 $ $ $ 2008 $ $ $ 2009 $ $ $ 2010 $ $ $ 2011 $ $ $ 2012 $ $ $ 2013 $ $ $ 2014 $73,750 $73,750 $73,750 2015 $ $ $ 2016 $ $ $ "This amount include: $45,000 in Commissioner discretionary hlnding 4"' Quarter $ $73,750 Interlvcal Arareement Transportation Bond 2006 -2007 Rage 6 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. E.3 PW 2012 -037 Approve the "Interlocal Agreement" with Tarrant County for the Partial Funding of the Construction of the Smithfield Road (Davis Boulevard to Mid - Cities Boulevard) Project Presenter: Gregory Van Nieuwenhuize, City Engineer Summary: The City Council is being asked to approve an Interlocal Agreement with Tarrant County which authorizes Tarrant County to fund a portion of the construction of the Smithfield Road (Davis Boulevard to Mid- Cities Boulevard) Project (ST1304) on an annual basis. General Descrir)tion: The Smithfield Road (Davis Boulevard to Mid - Cities Boulevard) Project ( "Project ") is a new project in the current fiscal year Capital Projects Budget. This project consists of the reconstruction of Smithfield Road from approximately 100 feet north of its intersection with Mid- Cities Boulevard to Davis Boulevard at which point it will be realigned with Bride Street. This section of Smithfield Road is a 4 -Lane Major Undivided Collector (C4U) Street. The Project Capital Projects Budget indicates that the funding source is from general obligation bonds. Tarrant County has offered to also provide $550,000 towards the construction of the Project. The Interlocal Agreement from Tarrant County clearly lays out the terms of reimbursement of the available $550,000 in Tarrant County bond funds. Additionally, the agreement provides for: • The County to reimburse NRH 50% of the actual construction costs of the as- built final total project cost, or an amount of $550,000, whichever is less. • NRH to provide a monthly progress report documenting the project's construction rate to the County. • Any public notice type construction signage is to recognize the funding from the 2006 Tarrant County Bond Program. • The agreement also includes a schedule of funds availability, which is compatible with the expected timeline of expenditures during construction. It should be noted that a requirement of Tarrant County is that the term of this agreement will conclude with the ending of the current fiscal year (unless terminated sooner). However, Tarrant County has committed to "annually renewing" this agreement. This is typical with these types of interlocal agreements with Tarrant County. Consequently, because construction is anticipated to extend over two (2) fiscal years, the City Council will need to take action on subsequent "renewal' agreements in future fiscal years. Recommendation: Approve the "Interlocal Agreement" with Tarrant County for the Partial Funding of the Construction of the Smithfield Road (Davis Boulevard to Mid- Cities Boulevard) Project (ST1304). Smithfield Rd (Davis Blvd to Mid - Cities Blvd) E s NORTH RICHLA ND HILLS Project Locator Map STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and City of North Richland Hills, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court and the governing body of the CITY find serves a public purpose and the public welfare of the citizens of Tarrant County, The COUNTY and the CITY make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Code; 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project 'benefits the public in that it is a needed transportation project; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this agreement; and S. The division of costs provided in this agreement constitute adequate consideration to each party. I. PROJECT DESCRIPTION This project will realign Smithfield Road to connect directly with Bridge Street at the intersection with F.M. 1938 and include the reconstruction of the existing section of Smithfield Road north to a point approximately 100 feet north of Mid- Cities Boulevard. II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: Interlocal Agreement Transportation Band 2006 -2007 Page 1 A, All as -built total project costs including all construction cost, right of way acquisition, planning, engineering, surveying and governmental approval cost (collectively referred to as "Costs "); B. Construction agreement administration, site review, permitting and inspection; C. Interagency cooperation; D. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; E. CITY will notify the COUNTY on completion of the project. F. CITY will include the following language on all on -site public notice signage: "This project is funded by the City of North Richland Hills and the Tarrant County Commissioners Court through the 2006 Tarrant County Bond Program" III. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner per Section XI of this agreement. IV. COST COUNTY agrees to reimburse CITY either $550,004 of its Costs or 50% of its Costs, whichever amount is less. Attachment A incorporated into this agreement by reference sets forth the funding schedule for this reimbursement. However, in the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that the funds being requested have been expended. CITY understands that CITY will be responsible for any other expenses incurred by CITY in performing the services under this agreement. Interlocal Aureement Transportation Bond 2006- 2007 Page 2 V. AGENCY- INDEPENDENT CONTRACTOR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. Neither party may assign, in whole nor in part, any interest it may have in this agreement without the prior written consent of the other party. No person other than a party to this agreement may bring a cause of action pursuant to this agreement as a third party beneficiary. This agreement may not be interpreted to waive the sovereign immunity of any party to this agreement to the extent such party may have immunity under Texas law. VIII. AUDIT OF RECORDS CITY's records regarding this project shall be subject to audit by the COUNTY during the term of this agreement and for two years after the completion of the project. IX. ENTIRE AGREEMENT This agreement represents the entire understanding of and between the parties and superseded all prior representations. This agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This agreement shall be governed by the laws of the State of Texas and venue for any action under this agreement shall be in the district courts of Tarrant County, Texas. Interlocal Agreement Transportation Band 2006 -2007 Page 3 X. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance. Such notification will be in the form of written correspondence delivered by regular mail. XI. TERMINATION Until funded by the COUNTY as described in Paragraph Ill this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return- receipt, postage prepaid, addressed as follows: COUNTY. County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 CITY: City Manager City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills, Texas 76180 APPROVED on this day the County. TARRANT COUNTY STATE OF TEXAS County Judge day of , 20_, by Tarrant Commissioners Court Order No. CITY Signature Interlocal Agreement Transportation Bond 2006 -20107 Page 4 CER TIFICA TION OF A BAILABLE FUNDS IN THE AMOUNT OF $ Certification of Funds Available as follows: Fiscal year ending September 30, 2007 $ Fiscal year ending September 30, 2008 $ Fiscal year ending September 30, 2009 $ Fiscal year ending September 30, 2010 $ Fiscal year ending September 30, 2011 $ Fiscal year ending September 30, 2012 $ Fiscal year ending September 30, 2013 $ All future vears fundina is continaent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 $550,000 $ $550,000 Auditor's Office 1�l.TUWA lt3f�l �l:7uA APPRO VED AS TO FORMA ND CON TEN T,• District Attorney's Office* City Attorney * By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf clients. It may not advise or approve a agreement or legal document on behalf of other parties. Our review o document was conducted solely from the legal perspective of our client. Our approval of this document offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek re and approval by their own respective attorneys). Interlocal Agreement TranSDortation Bond 2006 -2007 Page 5 ATTACHMENT A Proiect Information City: City of North Richland Hills Project Name: Realignment of Smithfield Road Proposed Proiect Schedule Start Date Duration (mo) End Date Design: - - ROW Acquisition: - - - Utility Relocation: - - - Construction: Sep -2013 11 Aug -2014 * COUNTY payments by completed phase are contingent upon the COUNTY'S reasonable determination that the work regarding the project phase for which payment is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Proposed County Pavment by Phase Design: $ ROW Acquisition: $ Utility Relocation: $ Construction: $550,000 County Funding S Total: $550,000 Proposed County Pavment by Calendar Ouarter (SUBJECT TO CHANGE) Interlocal Aureement Transportation Bond 2006 -2007 Page 6 I" Quarter 2" d Quarter 3rd Quarter 4` Quarter 2007 $ $ $ S 2008 $ $ $ S 2009 $ $ $ S 2010 $ $ $ S 2011 $ $ $ S 2012 . $ $ $ S 2013 $ $ $ $137,500 2014 $137,500 $137,500 $137,500 S 2015 $ $ $ S 2016 S S $ S Interlocal Aureement Transportation Bond 2006 -2007 Page 6 M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. F.0 GENERAL ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. F.1 PU 2012 -035 Award a contract to Environmental Safety Services Inc. (ESSI), for worked related to Iron Horse Erosion Control in the amount of $153,170 Presenter: Joe Pack, Senior Park Planner Summarv: Competitive bids were received from five contractors on November 28, 2012 for erosion control projects at Iron Horse Golf Course. The purpose of this item is to review the bids received and to make a recommendation for the award of a construction contract to Environmental Safety Services Inc., (ESSI). General Description: The approved Drainage Capital Improvement Program includes funding for two projects, Iron Horse Erosion Control Phase I (PK1205) and Iron Horse Erosion Control Phase II (PK1206). These projects were identified in the 1999 Iron Horse Erosion Control Master Plan and again in the 2008 Erosion Control Master Plan Update. Phase I is for the installation of gabion retaining walls on Singing Hills Creek near the 15 green and Phase II is for the installation of gabion retaining walls on Singing Hills Creek near the 9 th green. Plans and specifications were developed to combine both projects. The available construction budget for these two projects is $240,000. The 'bids, received on November 28 2012, contained a base bid for all work related to Phase I and an additive alternate bid for all work related to Phase 11. Bids were received as follows: Contractor Base Bid - 15 green *Alternate Bid 9th green Ir•m. W.1 u3710I i , Environmental Safety Services Inc. $153,170 (ESSI) ARK Contracting Services $165,010 Humphrey & Morton Construction $170,403.70 Company Cole Construction Inc. $170,410 DCI Contracting Inc. $191,700 $144,132.50 $166,898 $180,945.90 $182,015 $207,070 $297,302.50 $331,908 $351,349.60 $352,425 $398,770 Based on contractor pricing as compared to the total available budget for the combined projects, staff is recommending accepting the base bid from ESSI. The base bid will address the most imminent need and top priority of the two projects based on existing conditions. Award of the base bid will address bank erosion at Singing Hills Creek near the 15' green which in recent years has compromised Bridge 8. Funding will be transferred from (PK1206) to (PK1205) to complete the project Phase II Erosion Project (PK1206 Alternate Bid) will be addressed in future years as conditions are warranted. Although we are unable to accept the alternate bid, please note that our consultant notified us of an error in the quantities specified. Based on the correct quantities, the alternate bid would likely be $200,436. ESSI is an Austin based firm with local experience on similar projects including extensive gabion retaining wall experience. They have successfully completed a wide range of municipal erosion control projects for the cities of Farmers Branch, Arlington and Fort Worth. Recommendation: Award a contract to Environmental Safety Services Inc., for work related to Iron Horse Erosion Control Projects in the amount of $153,170. IH LOOP 820 :- ! t 1 t 1 in - BASE BID � 'M1\ BRIDGE 8 NEAR 15TH GREEN ; L1ARE BOx 1961. •:.` h `._ -, rMU`°u7 a. ,�� '� ,� r +-- �� ALTERNATE BID PROTECTION OF EXISTING CONCRETE BAG RETAINING ; - - t WALL NEAR 9TH GREEN i fY is '4' 7 7➢tl1 SM r } - � � COTTON BELT RAILRO ' M9 y 'saoef a 13,e r l^ ! 1 IU 11.e 1 i.0 Y e 1lao t M4 e.a 3 13.1 n 5 n �' Z� _ _ • � � ���„ "1, (� 1 iin 1{.4 4 e �sno x as au n 1 P t 5 &0 12] Y / 10 &6 13-3 Y ? - ,i l r { {/ r 6.1 �, ... _ �',' f' J .. •, .. .. :, - _ U.� ���y � _ f�j i i —�� \ �4� x IRON HORSE EROSION CONTROL PROJECTS IRON H GQLF CO M7 R `- A9 &l s exo x �a HYDRAULIQ SUMMARY � 1 ],i �:. � MQF7}i Rh71lANU ,a to TFlIkS A� c Y M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. F.2 GN 2012 -102 Approve a resolution authorizing and endorsing the application for the 2013 "Our Town" grant program by the National Endowment for the Arts for various creative placemaking projects associated with the new municipal complex - Resolution No. 2012 - 030 Presenter: Clayton Comstock, Senior Planner Summarv: Staff will be applying for a federal grant through the National Endowment for the Arts' (NEA) "Our Town" program to supplement funding for art and placemaking projects associated with the new municipal complex. This resolution is proposed because the grant application requires proof of support by the governing body. General Description: Grant Program Description (From NEA): Through Our Town, subject to the availability of funding, the National Endowment for the Arts will provide a limited number of grants, ranging from $25,000 to $200,000, for creative place making projects that contribute toward the livability of communities and help transform them into lively, beautiful, and sustainable places with the arts at their core. Our Town will invest in creative and innovative projects in which communities, together with their arts and design organizations and artists, seek to: • Improve their quality of life. • Encourage greater creative activity. • Foster stronger community identity and a sense of place. • Revitalize economic development. Partnership: A partnership with a non - profit organization that actively advances the arts is required for the grant. Staff is currently working to formalize a partnership with Arts Council Northeast for the grant application. Project: Staff reviewed a number of possibilities throughout the City that could meet the criteria for the NEA grant. The project that seemed most appropriate was the new municipal complex on the former North Hills Mall site. Staff selected this project for the following reasons: • It will be the quintessential civic space ideal for public art to be displayed • The funding for the Complex is already identified —a major factor for the grant — and portions of existing funds will likely be earmarked for aesthetic enhancements and art per the recommendations thus far by the Municipal Complex Oversight Committee • Few city - sponsored art pieces exist south of Loop 820 as part of the "Art in Public Spaces" program Deadline; The deadline for the application is January 14, 2013. Recommendation: Staff recommends approval of the resolution. IN**QWil0£6]►I►£61+K+IPZ11K1f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING AND ENDORSING THE APPLICATION FOR THE 2013 OUR TOWN PROGRAM BY THE NATIONAL ENDOWMENT FOR THE ARTS FOR VARIOUS CREATIVE PLACEMAKING PROJECTS ASSOCIATED WITH THE NEW MUNICIPAL COMPLEX. WHEREAS, the City of North Richland Hills is committed to integrating art into daily life and beautifying public areas, whereby improving our quality of life and creating a distinctive identity for our community; and WHEREAS, the City of North Richland Hills is also dedicated to bringing the arts in an affordable and accessible way to the community; and WHEREAS, the City of North Richland Hills recognizes that encouraging creative placemaking projects with arts at their core has a positive effect on the health, safety, and welfare of its citizens, WHEREAS, the National Endowment for the Arts offers a "Our Town" Program in which a certain amount of federal funding is earmarked for creative placemaking projects that contribute toward the livability of communities and help transform them into lively, beautiful, and sustainable places with the arts at their core; and WHEREAS, the City of North Richland Hills is planning to submit an "Our Town" grant application to infuse art and artful projects into the new seventy million dollar municipal complex that will house City Hall, Police Headquarters, Municipal Court and other municipal functions; and WHEREAS, the new municipal complex will be located south of Interstate Loop 820, where few art pieces are currently placed and continued strategic investment is desired to help revitalize that portion of the City; and WHEREAS, the City of North Richland Hills has requested that Arts Council Northeast partner with the City in its "Our Town" grant request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT; SECTION 1. The application for funding from the National Endowment for the Arts Our Town Program is hereby authorized and endorsed for the project area and conceptual scope outlined in Exhibit A. SECTION 2. This resolution shall take effect upon its passage and approval. PASSED AND APPROVED this 10th day of December, 2012. In rr011*16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: r.11 w(a]M.[6]:I11:INIs]:Iw_1'I1I111 wi Oscar Trevino, Mayor John Pitstick,. Planning & Development Director EXHIBIT A POSSIBLE OUR TOWN GRANT PROJECTS J' `ys li;o 1 `'rte 0 t ■ CITY HALL. ■ , _ At \ I N r P ROUND-A -BOUT ( #6) • Art piece in center of round -a -bout PUBLIC PLAZA ( #1 -5) • Unique, custom - designed, artful amenities such as benches, drinking fountains, bike racks, trash bins, etc. • Sculpture garden • Uniquely designed sidewalk paving CITY HALL LOBBY/FOYER • Tile mosaic in lobby floor • Art gallery space • Hanging mobile sculpture M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12-10-2012 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: 12 -10 -2012 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject: Agenda Item No. H.1 Announcements - Councilwoman Wright Oujesky Announcements NRH20's 2013 Season Passes are now on sale. Purchase your pass before December 31 st and receive a discount, plus a souvenir bottle and free tickets for friends. For more information, please call 817- 427 -6500 or visit www.nrh2o.com. City offices will be closed for the holidays on December 24th and 25th and on ,January 1st. Residential garbage and recycling will not be picked up on Christmas Day or New Year's Day. Because of the holidays, Tuesday collections will be made on Wednesday instead. The December 24th City Council Meeting has been canceled. The next meeting is scheduled for .January 14th at 7 p.m. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize the: Fix It Blitz Volunteers — Several thank you cards and notes were received from residents expressing appreciation for the work recently performed during the Fall Fix it Blitz. "It means a lot to us to live in a city that cares about their citizens," one of the notes said. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 12 -10 -2012 Subject Agenda Item No. H.2 Adjournment