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HomeMy WebLinkAboutCC 2013-04-14 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, January 14, 2013 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Proposed Iron Horse Station Area Plan (25 minutes) A.2 2013 State Legislative Program (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 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southeast sector of the City 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 January 11, 2013 at 0 a.m. A sis ant 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 — January 14, 2013 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, January 14, 2013 7:00 P.M. ------------------------------------------------------------------------------------------------------------------------- Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------------- A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Christmas Lighting Awards presented by Mayor Pro Tern Lombard AA Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent 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. City Council Agenda — January 14, 2013 Page 2 of 4 B.1 Approval of Minutes of December 10, 2012 City Council Meeting B.2 PU 2013 -003 Authorize Inter -local Purchasing Agreement with the City of Cleburne B.3 GN 2013 -002 Approve an Ordinance Amending Section 34 -152 to adopt by reference motor vehicle idling limitations adopted by the State - Ordinance No. 3237 B.4 PU 2013 -001 Award bid for Vehicle Towing and Storage Services Contract B.5 PU 2013 -002 Authorize Purchase over $50,000.00 but not exceeding $93,500.00 of consumable medical supplies from Bound Tree Medical, LLC. B.6 GN 2013 -001 Authorize Inter -local agreement with the City of Richland Hills for emergency animal services C.0 PUBLIC HEARINGS C.1 ZC 2012 -12 Public Hearing and Consideration of a request from the City of North Richland Hills and the property owner for a Zoning Change from 1 -2 Medium Industrial to HC Heavy Commercial on Lot 1R, Block 5, Industrial Park Addition at 6646 Iron Horse Blvd. - Ordinance No. 3230 C.2 ZC 2012 -13 Public Hearing and Consideration of a request from J &J NRH 100, FLP for a Zoning Change from C -1 Commercial & 0-1 Office to R -2 Single Family Residential on 11.337 acres in the 8600 Blk. of North Tarrant Pkwy. - Ordinance No. 3231 C.3 ZC 2012 -14 Public Hearing and Consideration of a request from Kenneth L. Merritt for a Zoning Change from AG Agricultural to R -1 Single Family Residential on Lot C, Block 6, Dawn -King Addition at 6921 Crane Rd. - Ordinance No. 3232 C.4 ZC 2012 -16 Public Hearing and Consideration of a request from E.A. Young Academy for a Zoning Change from 0-1 Office to PD Planned Development with 0-1 Uses and Regulations including the use of a Private School on Lot 4, Block 1, D.J. Anderson Addition located at 8521 Davis Boulevard. This case was previously known as SUP 2012 -07 - Ordinance No. 3233 C.5 TR 2012 -05 Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of North Richland Hills regarding the uses of "Detention /Retention Pond" and "Private School' within certain zoning districts within the City - Ordinance No. 3234 C.6 TR 2012 -04 Public Hearing and Consideration of amendments to Section 118 -728 of the North Richland Hills Code of Ordinances "Lighting" - Ordinance No. 3229 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. City Council Agenda — January 14, 2013 Page 3 of 4 D.1 FP 2012 -08 Consideration of a Request from HP Civil Engineering, LLC for a Final Plat of Home Town - Dolce Addition, Phase 1 on 14.86 acres located in the 6100 block of Parker Blvd and associated Water Course Maintenance Agreement. E.0 PUBLIC WORKS E.1 PW 2013 -002 Recommend Award of Bid for the 38th Year Community Development Block Grant Project: Dude Court & Jennings Drive Galvanized Water Main Replacement to Saber Development Corporation in the amount of $138,500.00 - Resolution No. 2013 -002 F.0 GENERAL ITEMS F.1 GN 2013 -003 Consider a Resolution declaring the City's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement District - Resolution No. 2013- 001 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Barth 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 January 11, 2013 at '•5C) a.m. &, 0 4sisk*nCi l ty�ecretary� This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — January 14, 2013 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, January 14, 2013 6:00 P.M. A.0 Discuss Items from Regular Citv Council Meetina A.1 Proposed Iron Horse Station Area Plan (25 minutes) A.2 2013 State Leaislative Proaram (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 551.072, Texas Government Code to deliberate the purchase, exchanae. lease or value of real property in the southeast sector of the Citv C.0 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. A.1 Proposed Iron Horse Station Area Plan (25 minutes) Presenter: John Pitstick, Director of Planning Summarv: Robin McCaffrey from Needham McCaffrey Associates will be presenting the proposed Iron Horse station area plan to City Council. The Iron Horse Core Development plan has been developed as park of a Council approved joint professional services agreement with Needham McCaffrey with the City contributing $49,500 and Dan Smalley from Skeeter & Bucky, LP contributing $24,500 for the study and recommendations. The Transit Oriented Development Code was initially adopted in 2009 for the Smithfield and Iron Horse areas, but only the Smithfield area was rezoned in 2009. The Iron Horse study is the result of coordination with the "T" and to seek support for rezoning the Iron Horse area with a reasonable development scenario. The Iron Horse Station Area Plan presents updated findings and makes recommendations for revising the Iron Horse Regulating Plan, Illustrative Plan and TCD text revisions. The consultants and staff will be seeking general direction and input for moving forward with Iron Horse development plans. Based on Council direction, staff will proceed with making text revisions to the TOD Code. Formal rezoning of the Iron Horse area will be considered as plans become firm through the Cotton Belt initiative and proposed state legislation of a special district and further development of the TEXRail project. Iron Horse Station Area Plan POSSIBLE DEVELOPMENT SCENARIOS FOR REDEVELOPMENT ALONG I -820 There are many possible configurations for future development in the Iron Horse Station Area. Three development scenarios have been depicted below, to illustrate the level of freedom afforded in the revised TOD Code. {J a, Scenario #1: No change to existing footprint, As infill development occurs in the Iron Horse Station Area, it is possible that existing patterns along I -820 would not change. Scenario #1 illustrates how infill can occur while maintaining existing patterns along the freeway frontage. Scenario #2; Frontage redevelopment with a mixture of office and retail. Scenario #2 illustrates a possible configuration for the preservation of retail uses in a portion of the land along the freeway frontage, and a portion configured for office use. Such a configuration would promote Iron Horse Boulevard as a retail area, while allowing for an office project with accessibility from I -820. T ! Scenario #S; Predominance of office along I -820. — -�✓' Should market demand shift and office products be — desired for the I -820 corridor, the TOO Code would help to preserve the mixed use environment desired y _ for the area proximate to the Station, while all owing A ' t for a higher intensity office use in the parcels that front I -820. 'figure 12. Alternative development scenarios. 28 Cotton Belt Corridor North Texas Passenger Rail Network Existing and Proposed Passenger Rail Lines M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. A.2 2013 State Legislative Program (10 Minutes) Presenter: Karen Bostic, Assistant City Manager Summary: The purpose of this agenda item is to seek Council consensus of the Priority Legislative Issues for the City of North Richland Hills for the 83 Texas Legislative Session. General Description: The legislative program is intended to be a guide to our legislators to inform them of the City's position on issues we expect will be raised during the legislative session. Pre - filing of bills began on Monday, November 12, 2012 with more 500 bills filed during the pre - filing period. The 83 Texas Legislative Session convened at noon on Tuesday, January 8, 2013 and lasts 140 days ending on May 27, 2013. As in the past, we have used four guiding principles to determine positions on various issues. These four guiding principles are: • Opposition of any legislation that erodes the authority to govern our own local affairs; • Need for a predictable and sufficient level of revenue for the provision of capital infrastructure and for ensuring citizens' health and safety, • Opposition of unfunded mandates; and • Support for legislation that enhances the quality of life for our citizens. Based on these guiding principles, staff has identified a number of priority legislative issues. They are as follows: • Preserve local revenue sources; • Preserve representative form of government, • Preserve an equal, fair and uniform property tax system; • Preserve local control of land use planning and zoning; • Pursue new funding sources for alternative transportation; • Multi -city participation in transportation development efforts; • Collection of delinquent fines; • Improve public parr system; and • Public safety. These priority issues will be added to and modified as needed throughout the session. We expect the workload of the 83 rd Texas Legislative Session to be about the same as the last regular session when more than 6,000 bills and constitutional amendments were filed. Of this, just over 1,400 were passed with about 160 of these bills being related to cities. Staff will be monitoring city related bills and issues, and will provide regular updates to Council throughout the legislative session. We will also keep you informed regarding any legislative alerts or contacts that need to be made during the session. I awI City of North Richland Hills ♦�` ice t ,y; Is s i'^ 1453 ■ma 83" Texas Legislative Sessi Priority Legislative Issues January 2013 GENERAL LEGISLATIVE POLICY 6.1 r All 11 =1 ►ail =i!ri•72=1 *1 =UTZ- Al91•3Z I As a general policy, the City of North Richland Hills seeks to preserve its current authority to govern the city, its citizens, and its property. Thus, the City will oppose any legislation that could harm the health, safety, and welfare of its citizens. Likewise, the City supports any legislation that advances its authority to conduct the public's business or that improves the health, safety, and welfare of its citizens. The City supports legislation designed to responsibly and fairly increase revenues to pay for needed services or to reduce the cost of providing services or maintaining a strong municipal workforce. Lastly, the City supports legislation that responsibly promotes and increases economic development or that is designed to improve the economy or create jobs. COALITIONS & PARTNERSHIPS When necessary, the City will form strategic partnerships with other cities and counties in the Metroplex. The City will also work with other local political subdivisions including the hospital district and the school district when commonalities exist. Additionally, the City will work in coordination with organizations such as the Texas Municipal League, North Central Texas Council of Governments and Tarrant Regional Transportation Coalition when their adopted positions are in Dine with the legislative objectives and goals of the City. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. GOALS OF THE CITY'S LEGISLATIVE ACTIVITIES The fundamental goal of the City of North Richland Hills' legislative activities is to produce positive outcomes for our citizens. Numerous proposals considered by the Texas Legislature will have the potential to seriously impact the ability of the City to carry out its mission. By taking a proactive role in the legislative process, the City is accepting its responsibility to ensure that the citizens of North Richland Hills can continue to enjoy the quality of life they deserve, have come to expect and are willing to support financially. Throughout the history of Texas, our legislators have enacted laws that greatly affect the administrative and political decisions of municipalities. As the next legislative session begins, the City officials of North Richland Hills believe it is beneficial to state their position on some of the issues they expect will be addressed. This document is intended to provide those positions along with a short background and reasoning for these positions. The City of North Richland Hills uses four guiding principles in developing its positions on legislative issues. These are: 1. We will vigorously oppose any legislation that erodes the authority to govern our own local affairs. 2. Cities represent the level of government closest to the people. They bear primary responsibility for the provisions of capital infrastructure and for ensuring citizens' health and safety. Thus, they must be provided a predictable and sufficient level of revenue. 3. We will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. 4. We will support any legislation that enhances the quality of life for our citizens. Other issues will arise as the legislative session progresses. If an issue arises that is not addressed in this document, the City urges legislators to keep these four guiding principles in mind as they make important decisions concerning our future. SUMMARY OF PRIORITY LEGISLATIVE ISSUES 1. Preserve Local Revenue Sources Cities are responsible for providing services that allow residents to feel safe, secure, and to enjoy their quality of life. Service level demands do not decrease when times are bad; they often increase. The City already faces challenges in providing services. Cities must have reliable sources of revenue in order to fund services their residents expect and demand. 2. Preserve Representative Form of Government In previous legislative sessions, lawmakers have considered bills that would require public referenda for many decisions that are currently made by elected city officials. City Council members are in contact with residents on a daily basis and are well aware of the will of the people. Requiring elections can not only slow down the decision making process, but also add costs to already strained local government budgets. 3. Preserve an Equal, Fair, and Uniform Property Tax System Property tax caps benefit homes that are rapidly rising in value. This generally means wealthier homeowners enjoy the greatest appreciation in value and therefore benefit most from appraisal caps. In addition, property tax caps that apply only to residential property essentially raise taxes on business. Further, property tax caps ignore the differences between Texas cities. Cities have a variety of ways to pay for the services provided to citizens. While caps hurt all ;property- taxing cities, they are especially hard on cities that have little or no sales tax base. 4. Preserve Local Control of Land Use Planning and Zoning Zoning regulations and land use planning are important and historic tool used by cities to protect the health and safety of residents. It is imperative that cities retain their current authority to regulate development and to zone parcels of land within their city limits. 5. Pursue Sustainable Funding Sources for Existing and Alternative Transportation Systems Traffic is getting worse in North Texas as more residents use an already overburdened system. A unified regional transportation plan that includes different modes of travel is needed. The current transportation funding methods are based on revenue streams that are projected to decline even as transportation demand is increasing. In addition, current funding methods do not encourage alternative modes of transportation. The State of Texas must find a sustainable funding source for our existing transportation system and include alternative transportation systems in the funding methodology. 6. Multi -City Participation in Transportation Development Efforts Legislation is needed to allow multi -city participation in funding transportation needs such as commuter rail. Incremental benefits rail brings to a municipality could be captured to fund rail stations, infrastructure needs as well as fund operating costs of the system. 7. Collection of Delinquent Fines Any city with a population of less than 100,000 is currently required to use a third party to collect delinquent fines. It would be more efficient and cost - effective if all cities, with no population restriction, could collect delinquent fines themselves. 8. Improve Public Park System Parks greatly enhance the quality of life for residents. Most park systems are funded from property and sales tax revenue. Sporting goods sales tax was intended to be dedicated to the Texas Parks and Wildlife Department which in turn would provide grants to cities to assist in developing parks. Instead of this sales tax being dedicated as intended, it has been diverted to other State programs unrelated to parks. Diversion of this sales tax needs to cease and cities need the assurance that the appropriations for future local parks grant funding will not be reduced. 9. Public Safety Legislators should resist all efforts to erode municipal authority over gas wells, gas pipelines, or other gas - related equipment. City officials have the most direct knowledge of the City's infrastructure and can best determine the safest local sites for gas pipelines. Legislators should also resist all efforts to mandate staffing levels for .public safety personnel. Additionally, municipal jails, which are used only as short-term holding cells, should not be subject to state regulation. CONTACTS City of North Richland Hills 7301 NE Loop 820 P. O. Box 820609 North Richland Hills, Texas 76180 (817) 427 -6000 Fax: (817) 427 -6016 hftr) Citv Manager's Office Mark E. Hindman City Manager (817) 427 -6003 Email: mhindman rx.nrhtx.com Karen Bostic ** Assistant City Manager (817) 427 -6003 Email: kbostic(a7nrhtx.com ,fared 'Miller Assistant City Manager (817) 427 -6003 Email: imiller(cDnrhtx.com Mike Curtis Managing Director (817) 427 -6400 Email: mcurtix(aMrhtx.com Jimmy Perdue Director of Public Safety (817) 427 -7000 Email: iperdue d nrhtx.com Mayor and City Council (817) 427 -6061 Oscar Trevino, Mayor Tom Lombard, Mayor Pro Tem Tito Rodriquez — Place 1 Rita Wright Oujesky — Place 2 Tim Barth — Place 4 David Whitson — Place 5 Scott Turnage — Place 6 Tim Welch — Place 7 ** Karen Bostic is the primary legislative contact for North Richland Hills M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551..072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the southeast sector of the City M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 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, January 14, 2013 7:00 P.M. A.0 Call to Order - Mavor Trevino A.1 Invocation - Councilman Turnaae A.2 Pledae - Councilman Turnaae A.3 Special Presentation(s) and Recoanition(s) - Keep NRH Beautiful Christmas Liahtina Awards presented by Mavor Pro Tem Lombard A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent 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 December 10, 2012 Citv Council Meetina B.2 PU 2013 -003 Authorize Inter -local Purchasina Aareement with the Citv of Cleburne B.3 GN 2013 -002 Approve an Ordinance Amending Section 34 -152 to adopt by reference motor vehicle idlina limitations adopted by the State - Ordinance No. 3237 B.4 PU 2013 -001 Award bid for Vehicle Towina and Storaae Services Contract B.5 PU 2013 -002 Authorize Purchase over $50,000.00 but not exceeding $93,500.00 of consumable medical supplies from Bound Tree Medical!, LLC. B.6 GN 2013 -001 Authorize Inter -local aareement with the Citv of Richland Hills for emergencv animal services C.0 PUBLIC HEARINGS C.1 ZC 2012 -12 Public Hearinq and Consideration of a request from the Citv of North Richland Hills and the property owner for a Zonina Chanae from 1 -2 Medium Industrial to HC Heavv Commercial on Lot 1R. Block 5, Industrial Park Addition at 6646 Iron Horse Blvd. - Ordinance No. 3230 C.2 ZC 2012 -13 Public Hearina and Consideration of a request from J &J NRH 100, FLP for a Zonina Chanae from C -1 Commercial & 0-1 Office to R -2 Sinale Familv Residential on 11.337 acres in the 8600 Blk. of North Tarrant Pkwv. - Ordinance No. 3231 C.3 ZC 2012 -14 Public Hearina and Consideration of a request from Kenneth L. Merritt for a Zonina Chanae from AG Aaricultural to R -1 Sinale Familv Residential on Lot C, Block 6, Dawn -Kinq Addition at 6921 Crane Rd. - Ordinance No. 3232 CA ZC 2012 -16 Public Hearina and Consideration of a request from E.A. Youna Academv for a Zoning Chanae from 0-1 Office to PD Planned Development with 0-1 Uses and Reaulations includina the use of a Private School on Lot 4, Block 1, D.J. Anderson Addition located, at 8521 Davis Boulevard. This case was Dreviously known as SUP 2012 -07 - Ordinance No. 3233 C.5 TR 2012 -05 Public Hearina and Consideration of an amendment to the Zonina Ordinance of the Citv of North Richland Hills reaardina the uses of "Detention /Retention Pond" and "Private School "' within certain zonina districts within the Citv - Ordinance No. 3234 C.6 TR 2012 -04 Public Hearina and Consideration of amendments to Section 118- 728 of the North Richland Hills Code of Ordinances "Liahtina" - Ordinance No. 3229 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2012 -08 Consideration of a Reauest from HP Civil Enaineerina, LLC for a FinaP Plat of Home Town - Dolce Addition, Phase 1 on 14.86 acres located, in the 6100 block of Parker Blvd and associated Water Course Maintenance Aareement. E.0 PUBLIC WORKS E.1 PW 2013 -002 Recommend Award of Bid for the 38th Year Communitv Development Block Grant Proiect: Dude Court & Jenninas Drive Galvanized Water Main Replacement to Saber Development Corporation in the amount of $138,500.00 - Resolution No. 2013 -002 wl�e7:11►121 :i_]019:11 kyi6 F.1 GN 2013 -003 Consider a Resolution declaring the City 's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement District - Resolution No. 2013 -001 % IM0 . /:1il119►TI:01M &A Eel kq I11:1►►►6 G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda : KIM I► 1 go] V►►il." I I Eel 01_1kq 10011V:I go] - A H.1 Announcements - Councilman Tim Barth H.2 Adiournment M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. A.0 Call to Order - Mayor Trevino M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. A.1 Invocation - Councilman Turnage M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. A.2 Fledge - Councilman Turnage M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. A.3 Special Presentation(s) and Recognition(s) - Keep NRH Beautiful Christmas Lighting Awards presented by Mayor Pro Tem Lombard Presenter: Kathy Luppy, Keep NRH Beautiful Chair Summarv: Kathy Luppy from Keep NRH Beautiful will recognize the following winners of the 2012 Christmas Lighting Awards: AREA 1 Genevieve Roark AREA 2 Charles & Jennifer Dimsdale AREA 3 Frank & Donna Pryor AREA 4 State & Page Lewellen AREA 5 Tammy Wehrle AREA 6 The Randles AREA 7 Frank Kossler AREA 8 April Rupnow AREA 9 Duane Hatchett 3857 Diamond Loch West 7316 Deville 5012 Skylark 5713 Rio de Janeiro Circle 5973 Lake Way 7564 Hightower 8800 Thornway Dr. 7900 Forest Lakes 8550 Kensington Ct. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 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: 1 -14 -2013 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items Fisted 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: 1 -14 -2013 Subject: Agenda Item No. B.1 Approval of Minutes of December 10, 2012 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the December 10, 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 — DECEMBER 10, 2012 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the Ioth day of December 2012 at 5:30 p.m. in the City Council Workroom prior to the 7 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tom Lombard Mayor Pro Tern, Council, Place 3 Tito Rodriguez Council, Place 1 Rita Wright Oujesky Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place B Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Jared Miller Assistant City Manager Karen Bostic Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Vickie Loftice Managing Director Patricia Hutson City Secretary Monica Solko Assistant City Secretary George Staples City Attorney Mary Peters Public Information Officer Kristin James Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Gregory VanNieuwenhuize City Engineer Caroline Waggoner Public Works Engineer Associate Craig Hulse Economic Development Director Robert Lung Economic Development Specialist Mark Mills Budget Director Stan Tinney Fire Chief Clayton Comstock Senior Planner Mike Hamlin Assistant Police Chief Joe Pack Senior Park Planner Orsheka Moore Budget Analyst Eva Ramirez Purchasing Buyer Jerry Lewandowski Purchasing Manager Debbie York Neighborhood Services Assistant Director Call to Order Mayor Trevino called the work session to order at 5:30 p.m. A.0 Discuss Items from Reaular Citv Council Meeting There were no questions from Council. A.1 Presentation by North Central Texas Council of Government on Cotton Belt Rail Proiect Mr. Mark Hindman, City Manager, introduced Mr. Kevin Feldt, Program Manager, North Central Texas Council of Governments (NCTCOG). Mayor Trevino advised the Council there were two separate and distinct projects and this is the Cotton Belt Corridor project. His company, 0. Trevino Construction, has joined a team to respond to requests for proposals for qualifications from the T which is the Fort Worth portion only. Mayor Trevino advised the information being presented is public information and he would not be abstaining as the group he is working with is through another entity and is for a different section. Mr. Kevin Feldt confirmed the Mayor's comments that the Fort Worth T project was a separate and distinct project from the one he was discussing. Mr. Feldt presented background information on the project. The NCTCOG organized a study group to look at options for funding and governing a regional rail system. Last December the group published the Innovative Finance Initiative (iFi) Cotton Belt Corridor Phase I Final Report. The report recommended several different funding options with a focus 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. A private sector group has approached NCTCOG willing to submit a proposal for funding and constructing the 62 -mile rail system utilizing a public- private partnership under authority created by Senate Bill 1048. NCTC ©G's Executive Board authorized NCTCOG to serve as the responsible government entity to receive and evaluate the proposal on behalf of all entities involved. Council is being asked to consider a resolution authorizing an interlocal agreement granting 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. The interlocal agreement does not commit the City to any future funding or further participating in the Cotton Belt Rail project. Council will be asked later to consider support of a special district to fund and manage the Cotton Belt Corridor Rail project. Council concurred with the information presented and took formal action on the resolution authorizing the interlocal agreement during the regular council meeting. With the concurrence of Council, Mayor Trevino appointed Councilman Welch, Councilman Rodriguez and Councilwoman Wright Oujesky to a council committee to assist in the evaluation and funding of regional rail issues. A.2 Quarterly Capital Improvement. Proiect Status Report Mr. Mark Mills, Budget Director, presented a PowerPoint presentation updating Council on the status of the following capital improvement projects for the period ending September 30, 2012: • Davis Boulevard f Mid - Cities Intersection • Rufe Snow Street & Utility Improvements (Mid- Cities to Hightower) • Sanitary Sewer Rehabilitation of Main Lines • Calloway Branch Trail • John Barfield Trail The presentation focused on project expenses to date versus approved budget, timelines and the current status of the project including any significant adjustments that may have occurred since Council was last briefed. There were no questions from Council. B.0 EXECUTIVE SESSION — The Citv Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551. Texas Government Code B.1 Executive Session: Pursuant to Section 551.087 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 Re_gardinq Economic Development Negotiations in Southeast Sector of Citv B.3 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with attornev 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 Manaqer Mayor Trevino announced at 5:58 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 an economic development contract in the central sector of the city; 2) Section 551.087 regarding economic development negotiations in southeast sector of city; 3) Section 551.071 to consult with attorney to seek advice about pending or contemplated litigation regarding Rufe Snow Drive Project condemnations; and 4) Section 551.074 to Deliberate the Employment, Evaluation, Duties of Public Employees - City Manager. C.0 Adjournment Mayor Trevino announced at 6:51 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order December 10, 2012 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tom Lombard Tito Rodriguez Rita Wright Oujesky Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mayor Mayor Pro Tem, Council, Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary Attorney A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance with help from Walker Creek Elementary 3rd grade students. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. A.4 CITIZENS PRESENTATION ►Cm A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 12, 2012 CITY COUNCIL MEETING B.2 GN 2412 -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 2412 -433 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 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN RODRIGU'EZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. C.0 PUBLIC HEARINGS CA 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 APPROVED Mayor Trevino opened the public hearing and announced that Mayer Pro Tem Lombard and Councilman Whitson would be abstaining from discussion and vote. Both council members have an interest in the Anejo Gas Well pad site. Mayor Pro Tem Lombard and Councilman Whitson Jeff the council meeting at 7:74 p.m. An affidavit of disqualification has been completed by Mayor Pro Tem Lombard and filed with the City Secretary stating the nature of interest is signed gas lease that is included in the pool. An affidavit of disqualification has been completed by Councilman Whitson and filed with the City Secretary stating the nature of interest is royalty interest. Ms. Leah King, representing Chesapeake Energy, 100 Energy Way, Fort Worth came forward requesting a special use permit for the Anejo Gas Well pad site, a 1.962 acre gas drilling and production site on 5.989 acres located at 7130 Davis Boulevard. Ms. King presented a PowerPoint presentation. The Anejo Gas Well pad site will consist of two units — the Anejo and Grove units. Ms. King discussed some of the concerns expressed by the property owners and adjustments made by Chesapeake to accommodate the concerns. Chesapeake has 1) reduced the pad site from 14 proposed wells to 7 wells in an effort to provide natural tree buffers with a 40 foot setback from Davis Boulevard; 2) will sod the slopes and move some of the previously planned landscaping to the Davis Boulevard frontage; will pay appropriate tree mitigation fees; 3) is working with the City to provide a permanent solution to the existing neighborhood drainage issues; and 4) is proposing to leave the trees closest to the neighborhood intact. Mr. John Pitstick, Director of Planning, summarized the request. Chesapeake is making an appeal to the Council because of a recommended denial from the Planning and Zoning Commission. The property is zoned CS (Community Services) which is 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. Staff concerns include: • The proposed gas well site changes the land use from a Community Services use to an Industrial use. • Extensive clear cut slopes will be visible from the north side of the site along Davis Boulevard. Terraced slopes would look better and allow for better landscaping. • Non- compliant drainage plan that concentrates runoff and provides steep slopes cannot be effectively maintained. Also, offsite drainage easements are 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 will need to be approved by the Gas Board before the site can be developed. Staff recommends, if approved, the proposed land use be mitigated by requiring the SUP to be limited to 7 wells and a maximum of 5 years to complete drilling and fracking activities; that appropriate tree mitigation fees be paid; and underground storm sewer piping be required connecting into Brookhaven Drive. Mayor Trevino called for those wishing to speak for or against the request to come forward. The following individuals spoke: • David Hardesty, 7236 Coventry Court — advised the issues he had have been resolved. • Ken Yazhari, 7000 Davis Boulevard — opposed • Joel Lazarus, 7220 Stonybrooke Drive — in favor • Paul Yazhari, 1230 Brown Trail - opposed • Danny Garrett, 8400 Brookview Drive — opposed • Hai Pham, 7120 Brookhaven Court — opposed • Gail and Charles Geserick, 8400 Brookhaven Drive — opposed • Troy Evans, 8413 Brookview Drive, opposed • Charles Gerber, 8409 Timberline Court — opposed • David Cury, 8412 Brookview Drive — opposed • Marcus Blagg, 6700 -A Davis Boulevard, President of Geo Tex, Inc. and speaking on behalf of employees — in favor • William Wheeless, 6832 Simmons Road — in favor • Rob Rankin, 700 Bandit Trail; owns 8520 Brookview Court — in favor • Larry Fortney, 8016 Mickey Street - in favor • Kathy Wilson, 7020 Stoneridge Drive — in favor • John Counts, 8409 Brookview Drive — opposed • George Marquez, 7105 Carolenna Court — in favor There being no one else wishing to speak Mayor Trevino closed the public hearing and entertained a motion. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE SUP 2012 -05, ORDINANCE NO. 3225 WITH STAFF'S RECOMMENDED CHANGES: SUP TO BE LIMITED TO 7 WELLS AND A MAXIMUM OF 5 YEARS TO COMPLETE DRILLING AND FRACKING ACTIVITIES; THAT APPROPRIATE TREE MITIGATION FEES BE PAID; AND UNDERGROUND STORM SEWER PIPING BE REQUIRED CONNECTING INTO BROOKHAVEN DRIVE. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. AFTER COMMENTS BY COUNCIL, MOTION TO APPROVE CARRIED 5 -0 -2 WITH COUNCILMAN LOMBARD AND COUNCILMAN WHITSON ABSTAINING. Mayor Pro Tem Lombard and Councilman Whitson returned to the Council dais at 8:21 p. M. 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 APPROVED Mayor Trevino opened the public hearing and announced that Councilwoman Wright Oujesky and Councilman Turnage would be abstaining from discussion and vote. Both council members have an interest in the Church of Christ gas well pad site. Councilwoman Wright Oujesky and Councilman Turnage left the council meeting at 8.22 p. M. An affidavit of disqualification has been completed by Councilwoman Wright Oujesky and filed with the City Secretary stating the nature of interest is royalty interest. An affidavit of disqualification has been completed by Councilman Turnage and filed with the City Secretary stating the nature of interest is potential economic conflict due to ownership (potential sale) of mineral rights to applicant. Ms. Leah King, representing Chesapeake Energy, 100 Energy Way, Fort Worth came forward requesting a special use permit for a proposed 2.6 acre gas drilling and production site located on a 10.419 acre tract at 6300 Northeast Loop 820. Ms. King presented a PowerPoint presentation. The proposed Church of Christ site is on private property and owned by The Hills Church of Christ. Chesapeake Energy is requesting to drill 10 gas wells from this site. Ms. King advised the land was being developed in accordance with the desire of the property owner. Attractive fencing will screen the production equipment, and the required zoning setback will be met and permanent screening added once operations are completed. Landscaping will be added during the next planting season with additional landscaping buffer to be added once drilling is complete. The site will have an electric rig with thirty -two feet sound blankets to mitigate sound. Three options are being considered as the transportation route to the site: Option A — off of Loop 820 down the western portion of Meadow Lakes Drive; Option B — off of Loop 820 down Rufe Snow and through the Meadow Lakes neighborhood and Option C - off of the proposed exit ramp to be constructed by TxDOT off of the frontage road. Mayor Trevino asked if Chesapeake would remove option B from the route. Ms. King agreed to the removal. Mr. John Pitstick, Director of Planning, summarized the request. The request was denied by the Planning and Zoning Commission and Chesapeake Energy is appealing to the City Council. Staff is concerned about the appropriateness of this use on the most visible corridor in the City that is being developed. If approved, staff recommends limiting drilling to 10 wells and a maximum of five years to complete drilling and fracking activities; that a minimum of a 25 foot building setback be provided behind the Loop 820 right of way line with appropriate tree buffer and Loop 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 the only access to the site for drilling over the next couple of years will be from Meadow Lakes Drive directly through the residential neighborhood. Mayor Trevino called for those wishing to speak for or against the request to come forward. The following individuals spoke: • Larry Carrell, 799 Blue Quail Road, Keller — opposed • John Wood, 5036 Lakeview Circle opposed • Steve Roos, 5024 Lakeview Circle — opposed • David Worley, 5020 Lakeview Circle — opposed • Johanna Hardesty, 7236 Coventry Court — did not wish to speak, but wished to go on record in support • Darlene Crantland, 5004 Lakeview Circle — opposed • Jim Phillips, 5009 Surrey Court - opposed There being no one else wishing to speak Mayor Trevino closed the public hearing and entertained a motion. COUNCILMAN WELCH MOVED TO DENY SUP 2012 -04. COUNCILMAN WHITSON SECONDED THE MOTION. AFTER COMMENTS BY THE COUNCIL, MOTION TO DENY FAILED 2 -3 -2; COUNCILMEN WHITSON AND WELCH VOTING IN FAVOR OF THE MOTION AND MAYOR PRO TEM LOMBARD, COUNCILMEN RODRIGUEZ AND BARTH VOTING AGAINST THE MOTION; COUNCILWOMAN WRIGHT OUJESKY AND COUNCILMAN TURNAGE ABSTAINING. MAYOR PRO TEM LOMBARD MOVED TO GRANT THE APPEAL FOR THE SUP 2012 -04, ORDINANCE NO. 3227 WITH THE FOLLOWING STIPULATIONS: ELIMINATING TRANSPORTATION ROUTE B AND USING THE PRIMARY ROUTE FROM 820, APPROVING THE RECOMMENDATIONS MADE BY STAFF (DRILLING LIMITED TO 10 WELLS AND A MAXIMUM OF FIVE YEARS TO COMPLETE DRILLING AND FRACKING ACTIVITIES, A MINIMUM OF A 25 FOOT BUILDING SETBACK BE PROVIDED BEHIND THE LOOP 820 RIGHT OF WAY LINE WITH APPROPRIATE TREE BUFFER AND LOOP 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); TIME TO COMPLETE STARTS ONCE THEY HAVE ACCESS TO LOOP 820. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 3 -2 -2; MAYOR PRO TEM LOMBARD, COUNCILMEN RODRIGUEZ AND BARTH VOTING FOR; COUNCILMEN WHITSON AND WELCH VOTING AGAINST; COUNCILWOMAN WRIGHT OUJESKY AND COUNCILMAN TURNAGE ABSTAINING. Mayor Trevino recessed the meeting at 9:11 p.m. and called the meeting back to order at 9:22 p.m. with all members present as recorded. D.0 PLANNING & 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 APPROVED Ms. Caroline Waggoner, Engineer Associate, presented the item. Council is being asked to approve changes to the current criteria regulating the design of detention and retention structures. The following modifications are proposed 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. MAYOR PRO TEM LOMBARD MOVED TO APPROVE PW 2012 -035. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 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 APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. 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. 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. COUNCILMAN WELCH MOVED TO APPROVE PW 2012 -036. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 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 APPROVED Gregory Van Nieuwenhuize, City Engineer, summarized the item. 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. 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 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. COUNCILMAN RODRIGUEZ MOVED TO APPROVE PW 2012 -037. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. 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 APPROVED Joe Pack, Senior Park Planner, summarized the item. The item is to consider the award of a contract for two projects, Iron Horse Erosion Control Phase I (PK1205) and Iron Horse Erosion Control Phase II (PK1206). Phase I is for the installation of gabion retaining walls on Singing Hills Creek near the 15th green and Phase 11 is for the installation of gabion retaining walls on Singing Hills Creek near the 9th green. The City requested bids in accordance with city policy and competitive bids were received from five contractors. The bids received contained a base bid for all work related to Phase I and an additive alternate bid for all work related to Phase 11. Staff reviewed and evaluated the bids and based on contractor pricing as compared to the total available budget for the combined projects, staff is recommending accepting the base bid from Environmental Safety Services Inc. (ESSI) in the amount of $153,170. 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 15th green which in recent years has compromised Bridge 8. Funding will be transferred from (PK1206) to (PK1205) to complete the project. Phase 11 'Erosion Project (PK1206 Alternate Bid) will be addressed in future years as conditions are warranted. COUNCILMAN TURNAGE MOVED To APPROVE PU 2412 -035. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -4. 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 APPROVED Clayton Comstock, Senior Planner, summarized the item. The City Council is being asked to approve a resolution authorizing and endorsing the application for the 2013 "Our Town" grant program by National Endowment for the arts for various creative placemaking projects. Staff reviewed a number of possibilities throughout the city that could meet the criteria for the National Endowment grant. The project that seemed most appropriate was the new municipal complex. Staff recommends approval of Resolution No. 2012 -030 authorizing and endorsing the grant application for the supplemental funding for art and placemaking projects associated with the new municipal complex. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RESOLUTION NO. 2012 -030, GN 2012 -102. COUNCILMAN RODRIGUEZ 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 B.1 REGARDING AN ECONOMIC DEVELOPMENT CONTRACT IN CENTRAL SECTOR OF CITY APPROVED Craig Hulse, Economic Development Director, presented the item. AC Crossing Partners is the new owner of the Crossing Shopping Center located on the northwest corner of Boulevard 20 and Precinct Line, in between the Kroger Signature and Kohl's department store. AC Crossing Partners developed a plan to increase the center's level of occupancy with quality retail tenants that benefits not only the Crossing Shopping Center but the city as a whole. In order to implement this plan to attract quality retailers, AC Crossing Partners has to provide a significant amount of upfront expense while sacrificing industry standard levels of return. To offset these financial hurdles and enhance the plan's likelihood for success, AC Crossing Partners approached the city for assistance. Staff has reviewed the plan and given the potential for additional quality retail business, staff recommends a 5 year sales tax rebate on the incremental sales tax generated within the center will solidify the success of their plan. This rebate is on a portion of the incremental revenues generated from the 1 cent general fund sales tax and does not leverage the existing sales or property tax base. It is a performance based rebate based upon achieving levels of occupancy, increasing sales tax and recruiting long term retail tenants. MAYOR PRO TEM LOMBARD MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ECONOMIC DEVELOPMENT GRANT AGREEMENT WITH AC CROSSING PARTNERS, LLC. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. B.3 CONSULT WITH ATTORNEY TO SEEK ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION - RUFE SNOW DRIVE PROJECT CONDEMNATIONS APPROVED George Staples, City Attorney, presented the item. The Rufe Snow project has 15 owners who have not been able to agree on the purchase price of right of way after being offered appraised value for their property. At this point, State Law requires that Council authorize staff to file eminent domain by approving a resolution for each property. Staff recommends approval of 'Resolution Nos. 2012 -031 through 2012 -043, 2012 -045, 2012 -046, 2012 -048. MAYOR PRO TEM LOMBARD MOVED TO APPROVE RESOLUTION NOS. 2012 -031 THROUGH 2€112- 443, 2012 -045, 2012 -046 AND 2012 -048. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. B.4 PERSONNEL: TO DELIBERATE THE EMPLOYMENT, EVALUATION, DUTIES OF PUBLIC EMPLOYEES - CITY MANAGER APPROVED Mayor Trevino announced that during Executive Session Council discussed the employment contract of the City Manager Mark Hindman. COUNCILMAN TURNAGE MOVED THAT THE EMPLOYMENT CONTRACT FOR MARK HINDMAN AS CITY MANAGER BE APPROVED. COUNCILMAN RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Wright Oujesky made the following 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 - 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. Councilman Welch made the following announcement. As the representative and secretary for the Fort Worth Wholesale Water and Wastewater Advisory Committee, I received some new information last week, at our December meeting, about regional lake levels and it looks like we may need to implement the drought contingency plan again in the near future. With above normal temperatures and below normal rainfall for the past several months, the reservoir capacity is at 78% and is declining at a rate of about 1% every two weeks. Without significant rainfall, we could be at 75% capacity by mid- January which will trigger Stage 1 of the drought contingency plan. You may recall from last year that under State 1 outdoor watering is limited to twice per week. We'd like to remind everyone that lawns and landscaping require less water during the winter months. We encourage you to adjust your sprinkler systems now to help conserve water. We will be receiving an update on this situation next week and encourage residents to watch for more information in the coming weeks on the city's website and in their water bills. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:45 p.m. Oscar Trevino — Mayor FIN a9 16 Patricia Hutson, City Secretary M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. B.2 PU 2013 -003 Authorize Inter -Kcal Purchasing Agreement with the City of Cleburne Presenter: Larry Koonce, Finance Director Summarv: This item is a request for Council to approve an inter -local purchasing agreement with the City of Cleburne. General Descrivtion: The City of Cleburne is requesting to enter into an inter -local Ipurchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Cleburne is interested in purchasing from the City of North Richland Hills current contract (10 -042) for fire- fighting clothes /bunker gear. The cities of China Grove, Grapevine, Live Oak, Mercedes, Rowlett, Georgetown and Temple have recently entered into an inter -local agreement to take advantage of this same firefighter clothes/bunker gear contract. Council has authorized several of these inter -local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and/or services. Each agency will place their orders and pay the vendors directly. North Richland Hills or the City of Cleburne may change or cancel the agreement with a 30 -day written notice. North Richland Hills currently participates in inter -local agreements with several local governments. Some of the agreements are with the City of Cedar Hill for the purchase of EMS medical supplies, Tarrant County for the purchase of road materials and the City of Hurst for the purchase of auto parts. Recommendation: Authorize an inter -local agreement with the City of Cleburne. INTERLOCAL AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS AND THE CITY OF CLEBURNE This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the City of Cleburne, hereinafter referred to as "Cleburne" Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article 4413 (32c) Vernon's Annotated Texas Statutes} providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and Cleburne desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: NORTH RICHLAND HILLS NRH shall be allowed to purchase goods and services from vendors who have been selPr;ted by Cleburne through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All ;purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. NRH shall give a 30 -day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. City of Cleburne Cleburne shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. Cleburne will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. Cleburne shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. 3. Cleburne shall give a 30 -day written notification to a participating agency of any change or cancellation of participation. 4. Purchasing Manager shall be designated as the official representative to act for Cleburne in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS BY: City Manager DATE: ATTEST: City Secretary APPROVED AS TO FORM: Attorney for the City CITY OF CLEBURNE BY: i Ci AManage DATE: I � _ ATTEST; City Secretary APPROVED AS TO FORM: City M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. B.3 GN 2013 -002 Approve an Ordinance Amending Section 34 -152 to adopt by reference motor vehicle idling limitations adopted by the State -Ordinance No. 3237 Presenter: Debbie York, Neighborhood Services Assistant Director Summarv: Texas Commission on Environmental Quality (TCEQ) idling restrictions are to be adopted by reference to ensure continued compliance with the rule in the event it is modified at a later date by the Texas Legislature. General Description: In December, 2008 a Memorandum of Agreement was entered into with the TCEQ delegating to the City enforcement of the rules concerning locally enforced motor vehicle idling limitations. The State vehicle idling rule places idling limits on gasoline and diesel- powered engines of heavy -duty motor vehicles. The goal of this clean air initiative is to lower nitrogen oxides (NOx) and volatile organic compounds (VOC) emissions from fuel combustion. Because NOx and VOCs are precursors to ground - level ozone formation, reduced emissions will result in ground -level ozone reductions. The majority of NOx emissions in the DFW area are caused by mobile sources, so reducing idling emissions is one step towards ozone attainment. Enforcement activities include identifying target areas, spotting violators and issuing warnings /citations. Adopting the motor vehicle idling limitations by reference will avoid having to amend the ordinance each time the rule is changed and will ensure continued compliance. Recommendation: Approval of Ordinance No. 3237 N � ` ORDINANCE NO. 3237 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS AMENDING SECTION 34 -152 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO CONFORM EXEMPTIONS TO MOTOR VEHICLE IDLING LIMITATIONS ORIGINALY ESTABLISHED TO THOSE MORE RECENTLY ADOPTED BY THE STATE WHEREAS, the City Council finds that the adoption of this ordinance serves a public purpose by conforming certain exemptions from State established motor vehicle idling regulations to current state exemptions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 34 -152 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34 -152 Exemptions 30 TAC § 114.517 is hereby adopted by reference. The provisions of this Article and § 114.512 of Title 30 of the Texas Administrative Code (relating to Control Requirements for Motor Vehicle Idling) do not apply to those matters exempted by 30 TAC § 114.517" 1:1►1 III! 19E-I&*X63N17l I►140 PASSED AND APPROVED on the 14th day of ,January, 2013 L Patricia Hutson, City Secretary 1�1 x:191 11911;191 N t►, I;1:1III I X0 I I Wil CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor George A. Staples, City Attorney APPROVED AS TO CONTENT: JoAnn Stout, Director of Neighborhood Services M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. BA PU 2013 -001 Award bid for Vehicle Towing and Storage Services Contract Presenter: Andy Kancel, Assistant Police Chief Summarv: Authorize the City Manager to execute a vehicle towing and storage services contract with AA Wrecker for Police Department ordered vehicle towing and storage services. General Descriration: The City of North Richland Hills advertised to receive bids for contract vehicle towing and storage services. Two bids were received and an evaluation of the returned bids was conducted by a committee comprised of representatives of the City's Purchasing, Police, and Fleet Services Departments. The evaluation criteria included company experience, location and efficiency, performance of the bidder with similar contracts, equipment, experience and efficiency with storage operations), and total bid price. The recommendation of the committee is to award a contract to AA Wrecker as a result of Bid 13 -006. This recommendation is based on the following facts revealed during bid evaluation. AA Wrecker: • a long history of commendable contract service to the city • the contract wrecker service for the shared services partner cities • physically much closer enabling citizens to retrieve their impounded vehicle with less effort Cornish: • bid a lower price per standard tow and heavy duty tow, but bid "per mile" charges for each type tow • references were not satisfactory • significantly further in distance which will be an inconvenience to Police and Fire investigators • size of physical location does not meet the minimum storage capacity as stated in the bid specifications. The successful contractor will be responsible for handling all Police Department ordered tows and the storage of these vehicles. Additionally, the vendor will be responsible for towing of all City -owned vehicles from place of disablement to the City's repair facility. The successful bidder will pay the City an administration fee of 6% of all fees collected as a result of Police Department directed tows. The contract will be in effect for a period of three (3) years beginning January 1, 2013 with the option to extend the contract for two (2) additional one (1) year terms. Recommendation: To award the contract to AA Wrecker as a result of Bid 13 -006. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. B.5 PU 2013 -002 Authorize Purchase over $50,000.00 but not exceeding $93,500.00 of consumable medical supplies from Bound Tree Medical, LLC. Presenter: Stan Tinney, Fire Chief Summarv: This item is to authorize payment to Bound Tree Medical, LLC for consumable medical supplies for an amount not to exceed $93,500.00. General Descrivtion: The North Richland Hills Fire Department utilizes the interlocal agreement with Cedar Hill to purchase consumable medical supplies from Bound Tree Medical, LLC. These supplies are used by the department during responses to Fire and EMS calls and are replenished as needed. Specialty Supplies 1 Medical and First Aid was approved in the FY 2012 -2013 budget in the amount of $93,500.00. The Fire Department is approaching the $50,000 level necessitating City Council action for further purchases. Recommendation: Authorize purchase from Bound Tree Medical, LLC in the amount not to exceed $93,500.00 for consumable medical supplies. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. B.6 GN 2013 -001 Authorize Inter -local agreement with the City of Richland Hills for emergency animal services Presenter: Chun Mezger, Humane Services Supervisor Summarv: This item is a request for Council to approve an inter -local agreement for various animal impoundment services with the City of Richland Hills, with attached fees for such services. General Descrir)tion: The City of Richland Hills has one animal control officer and from time to time that officer is unavailable due to training, vacation, injury or job vacancy. During these times, the NRH Humane Division will assist in handling animal control calls for Richland Hills. This agreement would be for field services on an emergency basis and the City of North Richland Hills would be compensated for staff time, a per animal handled fee and any veterinary expenses incurred. The City of Richland Hills has accepted our agreement and their city manager and city attorney have signed the inter -local agreement. Recommendation: Authorize an inter -local agreement with the City of Richland Hills. INTERLOCAL AGREEMENT BETWEEN THE CITIES OF NORTH RICHLAND HILLS AND RICHLAND HILLS FOR VARIOUS ANIMAL IMPOUNDMIENT SERVICES THE STATE OF TEXAS )I COUNTYOF TARRANT ]( THIS ("AGREEIMENT'), is made and entered into by the CITY OF NORTH RICHLAND HILLS, TEXAS, a Horne Rule municipal corporation, ( "NORTH RICHLAND HILLS "), and the CITY OF RICHLAND HILLS, TEXAS a Home Rule municipal corporation, ( "RICHLAND HILLS "), each acting by and through its duly appointed and authorized city managers: WITNESETH. WHEREAS, NORTH RICHLAND HILLS AND RICHLAND HILLS are desirous of entering into a contract for Animal Control Services to provide a more effective and efficient delivery of such services; and WHEREAS, NORTH RICHLAND HILLS has the facilities available to perform Animal Impoundment for both cities; and WHEREAS, all payments for Animal Control Services to be made hereunder shall be made from current revenues available to the paying party; and WHEREAS, NORTH RICHLAND HILLS and RICHLAND HILLS have concluded that this Agreement fairly compensates the performing party for the Animal Control Services being provided hereunder; and WHEREAS, NORTH RICHLAND HILLS and RICHLAND HILLS believe that this Agreement is in the best interests of NORTH RICHLAND ILLS and RICHLAND HILLS; and WHEREAS, this Agreement is approved by the governing bodies of NORTH RICHLAND HILLS and RICHLAND HILLS; and WHEREAS, this Agreement is authorized by and in conformance with Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act (the "Act'). NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY CONFIRMED, NORTH RICHLAND HILLS AND RICHLAND HILLS HEREBY AGREE TO THE FOLLOWING: Section 1. Recitals. All matters stated above in the preaarrible are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Iaterlocal Agreement €Between the Cities of North Richland Hills ,•I•I And Richland Hills for Animal Impoundment Page 1 section 2. Term. This Agreement shall be for a term of one (1) year commencing on the dale of signature of this Agreement by all parties , unless extended by the parties by written agreement or terminated earlier as permitted herein. Section 3. Services to be provided by NORTH RICHLAND HILLS. NORTH RICHLAND HILLS shall provide RICHLAND HILLS the following equipment, services, personnel, and facilities: a. Accept animals brought to the North Richland Hills Animal Shelter by forth Richland Halls Anirnal Control Officers or Richland Hill personnel. h. Provide euthanasia service to Richland Hills. c. Provide supplies for rabies specimen testing. d. Provide animal control field service on an emergency basis. e. Hold animals brought to Animal. Control Facility without collars and/or identification for at least four (4) business days and those with collars and/or identification for at least seven (7) business days prior to making animals available for adoption or euthanization. E Euthanize and cremate animals not claimed within the period provided under e. hereof if not adopted. g. Cremation services may be offered for deceased Richland Hills animals at $30.010 per animal. Section 4. RICHLAND HILLS Obligations, RICHLAND HILLS shall: a. pay North Richland Hills $27.30 per hour for afterhours calls performed by North Richland Hulls standby Humane !Officers. b. Pay North Richland Hills $105.00 per animal brought to the Animal Control facility. e. Reimburse North Richland Hills for all supplies used at cost to North Richland Hills. d. Provide veterinary services and treatment to any Richland ,Hills injured animal. Section 5. Payments For Services Performed. All payments provided for in Sec. 3. hereof shall be retained by the City of North Richland Hills as partial payment for services rendered. Section t. Cancellation. RICHLAND HILLS shall have the right to terminate this Agreement if NORTH RICHLAND HILLS breaches any of its terms or fails to perform any of the obligations it imposes, and then fails to cure the breach or £allure within thirty (30) days following written notice from RICHLAND HILLS. If the Agreement is terminated under this paragraph, NORTH RICHLAND HILLS shall be entitled to retain money already received. Section 7. Notices. All notices r or provided for in this Agreement shall be sent to the fallowing parties by certified mail — return receipt requested: NORTH RICFI°LAND HILLS Mark Hindman, City Manager City of North Richland Hills North Richland Dills, TX RICHLAND Hl<LLS C u4s WA City Manager City of Richland Hills Richland Hills, TEL Section 8. Dispute Resolution. In order to ensure an effective relationship between the parties and to provide the best possible public service, it is mutually agreed that all questions arising under this Agreement shall first be handled and attempted to be resolved between the City Managers of NORTH RICHLAND HILLS and RICHLAND HILLS. Issues regarding the performance of Animal Impoundment and the operation of the Animal Impoundment Facility shall be brought directly to the attention of the NORTH RICHLAND HILL'S Animal Center Supervisor. Immediate performance complaints or concerns should be addressed by communicating the problem to the on -duty Animal Control 011icer. Section 9. Venue, This agreement is fully perfbi -enable in Tarrant County, Teams, and venue for any legal dispute arising pursuant to this Agreement shall lie in Tarrant County, 'Texas. Section 10, Independent Contractor. Both parties mutually agree that NORTH RICHLAND HILLS is an independent contractor, and shall have exclusive control of performance hereunder, and that employees of NORTH RICHLAND HILLS in no way are to be considered employees of RICHLAND HILLS. The employment rights of NORTH RICHLAND HILLS personnel assigned under this agreement will not be abridged. NORTH RICHLAND HILLS AND RICHLAND HILLS EACH AGREE TO ACCEPT FULL IRESPONSIBMITY FOR THE ACTIONS OF THEIR OWN OFFICERS, AGENTS AND EMPLOYEES IN THE OPERATION OF THE ANIMAL IMPOUND FACILITY, OR IN THE PERFORMANCE OR USE OF SERVICES CINDER THIS AGREEMENT, AND EACH PARTY HEREBY AGREES TO INDEMNIFY, To THE EXTENT PERMITTED BY LAW, AND OTHERWISE HOLD HARMLESS laterinr_aE reement Between the Cltles of North =1• I' � Richland Rills And Richland. Hills for Animal Impoundment Page 3 THE OTHER PARTY, ITS OFFICERS, AGENTS AND EMPLOYEES IN BOTH PUBLIC APIA PRIVATE CAPACITY AGAINST ALL LIABI rI'Y CLAIMS, SMS, DEMANDS, LOSSES, DAMAGES, ATT ORNEY FEES, INCLUDING ALL EXPENSE OF LITIGATION OR SET'T'LEMENT, OR CAUSES OF ACTION OF ANY FaND WHICH MAY ARISE BY REASON OF MJURY TO OR DEATH OF ANY PERSON OR FOR A LOSS OF, DAMAGE TO, OR LOSS OF THE USE OF ANY PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO THE INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF THAT PARTY, ITS OFFICERS, AGENTS OR EMPLOYEES, IN THE OPERATION OF THE ANIMAL MWOUND FACILI'T'Y, OR IN THE PERFORMANCE OR USE OF SERVICES UNDER THIS AGREEMENT. It is expressly understood and agreed that, in the execution of this Agreement, NORTH RICHLAND HILLS and RICHLAND HILLS do not waive, nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this Ag=ment, NORTH RICHLAND ROLLS and RICHLAND HILLS do not create any obligations express or implied, other than those set forth herein, and this Agreement shall not create any rights in any parties not signatory hereto. Section 12. Destruction of facility. In the event that the animal control facilities are damaged due to a natural or a non made disaster and is unusable, NORTH RICI-ILAND H ILLS shall be relieved from all its responsibilities under this contract. Section 13. Approval of Contract. This Agreement has been approved by the governing bodies of N OR"11d RICHLAND HILLS and RICHLAND HILLS, respectively. The execution of this Agreement has been authorized by an act of the governing bodies of NORTH RICHLAND HILLS and RICHLAND HILLS at a duly called and posted meeting. IN WITNM WHEREOF, we have hereunto set our hands this the days of 2011, in duplicate originals. CITY OF NORTH RICHLAND HILLS, T EXAS By: Mark Hindman City Manager A C OF�RICHLAN HILL TEXAS City Manager 1:v - '1T1W 1T.1R3 0]_143 IL1 55 9, F711 Kee III !1E George Staples, City Attorney City of North Richland Hills ;City , s Attorney of Ri hlarrd is M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. C.0 PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. C.1 ZC 2012 -12 Public Hearing and Consideration of a request from the City of North Richland Hills and the property owner for a Zoning Change from 1 -2 Medium Industrial to HC Heavy Commercial on Lot 1 R, Block 5, Industrial Park Addition at 6646 Iron Horse Blvd. — Ordinance No. 3230 Presenter: John Pitstick, Planning & Development Director CASE SUMMARY: With the permission and cooperation of the property owner's agent, Jeffrey Meiser, the City of North Richland Hills is requesting approval of a city- initiated zoning change from 1 -2 'Medium Industrial to HC Heavy Commercial for a 3.719 acre lot at 6646 Iron Horse Blvd. The purpose of this request is staff's policy in applying the Table of Permitted Uses to the City's two industrial zoning districts as a restricted use and not inclusive of other zoning categories. The Table allows "Professional /Business Office" in the 1 -2 District however numerous office uses are specifically listed on the Table as not permitted in the District. In this instance a "Temporary Employment Agency" applied for a Certificate of Occupancy, which is one of the office uses not permitted in 1 -2. Staff is treating the industrial zoning districts as promoting industrial- related uses and not inclusive of other retail or office related uses and thus is requesting zoning changes to accommodate appropriate land uses and zoning districts for actual tenants. By changing this zoning to "HC," the tenant opportunities will expand for the property owner. This also changes the current Industrial zoning to Heavy Commercial which staff believes to be more suited for this area. A Special Use Permit is currently in effect for this lot that allows a communication tower and its associated equipment that is located within the self - storage facility on the site. This change in zoning removes the SUP and both the communication tower and the self - storage become non- conforming uses. These uses may continue to operate under the same scope and condition as they are today, but any expansion of either use would require Special Use Permit approval. Also, by becoming nonconforming, a disaster that removes the uses would also require Zoning Board of Adjustment approval OR Special Use Permit approval to continue those uses. EXISTING SITE CONDITIONS: The property is currently developed with a small office /retail building, an office /warehouse building and a self- storage facility. Tarrant Appraisal District records indicate the structures were built in 1985. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Commercial" for this area. E- 4110:Z9111►I I]I►[cll�4e]►I1►"AW,1►1Oi1h -'1=6 North: 1 -2 Industrial 1 Industrial East: 1 -2 Industrial and CS Community Service J Commercial and Office South: 1 -2 Industrial / Restaurant West: 1 -2 Industrial 1 Industrial PLANNING & Z COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their December 20, 2012 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3230; ZC 2012 -12. LOCATION MAP City ©f Wata 1 7 Tnnlc�ar1�13r IIIIIIIIIIIII AERIAL PHOTO .a � r wt r � F e It Trinidad Dr ,, 0o 4i z - F M. zla PROPERTY OWNER NOTIFICATION x -� NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION x� AND CITY COUNCIL Case Numbers: ZC 2012 -12 Applicant: The City of North Richland Hills Location: 6646 Iron Horse Blvd. ' I' l 111 within 200 receiving is notice attached map. ' feet of the property g shown on the atla you II re a property o d wf ,; JI ' II I' I because a owner record o Purnose of Public Hearing: A Public Hearing is being held to Consider a request from the City of North Richland Hills and the property owner for a Zoning Change from I -2 Medium Industrial to HC Heavy Commercial on Lot 1 R, Block 5, Industrial Park Addition at 6646 Iron Horse Blvd. Public Hearing schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 20, 20'12 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 14, 2013 Both Meeting dimes: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6304 Fax (837) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Harlingen It Investors Targe -Mll LLC Galler, Clarence Leslie 6646 Iron Horse Blvd Ste A FIBIO M -D McLendon & Kintail 7425 Buckskin Ct NRH Tx 76180 -6037 119 San Jacinto Ct Fort Werth Tx 7+6137 -1571 Southlake Tx 76092 -5946 Rufe Snow JV 5749 Rufe Snow Dr NRH Tx 76180 -6097 Ub II (Fitz) LLC % Global Securitization Svc LI 68 S Service Rd Ste 120 Melville Ny 11747-2350 Groves, Irving M III 3721 Binkley Ave Dallas Tx 75205 -2137 Kfc US Properties Inc Attn: Tax Dept PO Box 35370 Louisville Ky 40232 -5379 Munson Realty Company, The 305 W Woodard St Denison Tx 75020 -3136 Shemwrell- Carter Restauran Inc PO Box 177 Keller Tx 76244 -0177 Regional Rail Row Co Sealy Texas Management Inc City of Watauga Attn: Dallas Area Rapid Trarnsi 6550 Wuliger Way Public Works and Comm. Dev. PO Box 660163 NRH Tx 76180 -6020 7800 Virgil Anthony Blvd. Dallas Tx 75266 -0163 Watauga, TX 76148 ORDINANCE NO. 3230 ZONING CASE ZC 2012 -12 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 3.72 ACRE TRACT OF PROPERTY FROM 1 -2 (MEDIUM INDUSTRIAL) TO HC (HEAVY COMMERCIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 3.72 acre tract of land located at 6646 Iron Horse Blvd. in the City of North Richland Hills, Tarrant County, Texas, more particularly described as Lot 1R, Block 5, Industrial Park Addition and approving the site plan as Exhibit A from 1 -2 (Medium Industrial) to HC (Heavy Commercial) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. U Z I III 19 Pvf*xel0 BU I Z 14 53 PASSED AND APPROVED on this 14th day of January, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor rr011*16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 11 »:1+1►1=Illvil :a 0xviel 22111 =1Z16 John Pitstick, Planning & Development Director EXHIBIT A F ,r' I c c� 600 %TY FiP F J J,.. � P x • a A °„ r v a F+a c1s PP .rea 114-4 1. lh- h a he [vi Cor c p�rpor¢e aoe con gee t ar a.vn e[ [ea. .iren under .x Gene e.nd rce.i of oif vice [nv P a`y nr '�i.p,. w :ya , T � C1F i4'F REPLAT FOR BLOCK 5 Liars IR. 2R. O A 4R INDUSTRIAL PARK 0EINO A A£P[a1 x LOTS LR,. 2, 3, a A. 0 QCR S, INO[I3TPIAi PAW- 5 AEC©ROECU LN v-, 545 -167, PC. 50 P,R.I.0 . i. THE PIAMNING AND GCNING c"w Celt C L OF OF xa— A[G —. MILS ON' NOMr�. a1GNLhNO H[LLS PH J 50AE -get a 1 8'`L` . Vudl J Lre...��. LY C. w v AFT1 WrtATEYCLY TO RECd MEND VMECI AFFIAAIATFYELY TO ADCIPT AOOPYiiON OF MS PLAT THM PLAT AND APPROVL [T .FOR E., 1 BY THE COSY G MMI. P2ircG o pPCA a6, luAroR , �f SRO�xAAY , aTr s STATE ❑ P T FE0.TlAYG.FE OF SIIRYBYI3R LA E%GTN 6RR gN0 PR.CPaRN0 C[HRITY OF TAR. TMF AANT � PLAT 1, [Ne' wlEeia iprlad, A Neaiaeered PR61ir 5 rNe ar i 11 1- F =x•.� n xa cxuFi :�ruay ,E cna pr +�PerlA a.en a ,([�� y y s® p0.e F .`+L IlLE [ "•[fly ��.• ����AQ 4 w�lb 1 RENT D-11G. BLOCK 5 rc 10T 'A u �4 W ,{ r / OWNER SURVEYOR 1 0 1 TLN R• IM h ry rcF. a a! -15.. ..._. vw a 111 tV� 5, xi ! [. u Y � :4'!✓t I c c� 600 %TY FiP F J J,.. � P x • a A °„ r v a F+a c1s PP .rea 114-4 1. lh- h a he [vi Cor c p�rpor¢e aoe con gee t ar a.vn e[ [ea. .iren under .x Gene e.nd rce.i of oif vice [nv P a`y nr '�i.p,. w :ya , T � C1F i4'F REPLAT FOR BLOCK 5 Liars IR. 2R. O A 4R INDUSTRIAL PARK 0EINO A A£P[a1 x LOTS LR,. 2, 3, a A. 0 QCR S, INO[I3TPIAi PAW- 5 AEC©ROECU LN v-, 545 -167, PC. 50 P,R.I.0 . i. THE PIAMNING AND GCNING c"w Celt C L OF OF xa— A[G —. MILS ON' NOMr�. a1GNLhNO H[LLS PH J 50AE -get a 1 8'`L` . Vudl J Lre...��. LY C. w v AFT1 WrtATEYCLY TO RECd MEND VMECI AFFIAAIATFYELY TO ADCIPT AOOPYiiON OF MS PLAT THM PLAT AND APPROVL [T .FOR E., 1 BY THE COSY G MMI. P2ircG o pPCA a6, luAroR , �f SRO�xAAY , aTr s STATE ❑ P T FE0.TlAYG.FE OF SIIRYBYI3R LA E%GTN 6RR gN0 PR.CPaRN0 C[HRITY OF TAR. TMF AANT � PLAT 1, [Ne' wlEeia iprlad, A Neaiaeered PR61ir 5 rNe ar i 11 1- F =x•.� n xa cxuFi :�ruay ,E cna pr +�PerlA a.en a ,([�� y y s® p0.e F CuRVF. 44 -: w�lb 1 RENT D-11G. I FC.I. N T I. rc W I STEMBRiDGE 6 ASSOCIATES, INC. C..*.1l5a9 Engi...eA 4020 Raley ARM. -9-116 103.60Tr} 284 -1353 Ne}1A NicM .-d Ni[1., r ... 761 10 EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -12 Public Hearing and Consideration of a request from the City of North Richland Hills and the property owner for a. Zoning Change from 1 -2 Medium Industrial to HC Heavy Commercial on Lot 1 R, Block 5, Industrial Park Addition at 6646 Iron Horse Blvd. John Pitstick said this request by the City with permission from the land owner for a zoning change from 1 -2 Medium Industrial to HC Heavy Commercial. Behind Iron Horse off Rufe Snow there are existing uses on this tract including storage warehouse, as well as a cellular tower and other offices. The applicant has existing offices and under our current requirement under Industrial is specific to Industrial and does not allow specific office uses. We are recommending a change to Heavy Commercial that would allow all the uses the applicant is requesting at this location. Anything existing would be non - conforming and continue to be allowed. Chairman Shiflet asked if the cell tower be non- compliant and not be allowed. John Pitstick said as long as they continue to use the cell tower there would not be any problem. The only issue would be if a tornado struck it or another act of nature destroyed more than 50 % of it, they would have to come back for a request to replace. Typically where there is an existing sign or tower they would have to come back and Staff would be supportive of replacing it. There was a general discussion about cellular towers and the current ordinance. Chairman Shiflet opened the Public Hearing, no one carne forward to speak. ►,1 »:Z�1�1 � �7 Mike Benton motioned to approve ZC 2012 -12 as proposed. The motion was seconded by Mark Haynes and passed unanimously (5-0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. C.2 ZC 2012 -13 Public Hearing and Consideration of a request from J &J NRH 100, FLP for a Zoning Change from C -1 Commercial & 0-1 Office to R -2 Single Family Residential on 11.337 acres in the 8+600 Blk. of North Tarrant Pkwy. — Ordinance No. 3231 Presenter: John Pitstick, Planning & Development Director CASE SUMMARY: J &J NRH 100, FLP is requesting approval of a zoning change from C -1 Commercial and 0-1 Office to R -2 Single Family on two separate parcels totaling 11.337 acres. The applicant/owner was granted 0-1 Office zoning approval in (February 2009 to develop the northern half of the subject area. In conjunction with that zoning case, a replat was also approved which created 14 office lots. However, the lots were never developed and the applicant has now determined that the property is more appropriate for residential uses. The 5.99 acres to the south, previously occupied by the Richland Hills Riding Club, is also included in this new request. It is currently zoned C -1 Commercial and has never been platted. In conjunction with the zoning change request, the applicant was granted approval of a Preliminary Plat for 30 residential lots by the Planning & Zoning Commission on December 20, 2012. A copy of the Preliminary Plat is attached for City Council's reference, and a Final Plat must be approved by City Council before construction of the subdivision may commence. PLAT STATUS: The northern portion of the property is platted as Lots 40R, 41 -53, Block 15, Forest Glenn East Addition Phase I. The southern parcel is currently un,platted and described as Tract 4A1 of the Thomas Peck Survey, Abstract No. 1210. No Final Plat f Replat is proposed at this time. CURRENT ZONING: This property is currently zoned "C -1" Commercial on the southern 5.99 acres and "O -1" Office on the northern 5.347 acres. EXISTING CONDITIONS: The northern 5.347 acres is vacant undeveloped land. The southern 5.99 acres has been utilized in the past by the Richland Hills Riding Club for horse boarding, training and shows but has been vacated for some time. E -41,11 N:T9111► I I] I ► [C40] ► I I ► "A W'_1►1 Oi1,6_14 East: C -1 Commercial f Retail North R -2 Single Family Residential 1 Low Density Residential South: AG Agricultural f Vacant West: R -2 Single Family Residential 1 Low Density Residential COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Office" and "Retail" uses for this property. The applicant believes that office and retail uses are not suitable to this particular property because of its lot size and deep dimension as well as its limited visibility from the primary retail intersection of Davis and North Tarrant Parkway. Staff concurs with the applicant's analysis and agrees this is better suited for residential use. THOROUGHFARE PLAN: The development proposes to keep and extend the previously dedicated right -of -way for Azalea Court, which intersects North Tarrant Parkway to the north. North Tarrant Parkway is designated as a "P6D" 6 -lane divided principal arterial with 200' of right -of -way. With the recent completion of the roadway widening and enhancement project, adequate right -of -way already exists. The plat also provides two street stubs to the vacant property to the east. In the future event that parcel develops, adequate traffic circulation and access will be available. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their December 20, 2012 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3231 ZC 2012 -13. LOCATION MAP W u IIIIL %I I L F North Tarrant Pkwy 4 ►_l40FAMU:WIP] 5 1=1 9] ;j =IA WK91TAZI=1:4i Eel III W107- A0 Eel Z NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Numbers: ZC 2012-13 Applicant: J&J NRH 100, FLP Location: 8600 Blk. of North! Tarrant Pkwy You are receiving property shown notice a property owner of record within 200 feet of the on the attached map 1 Purpose of Public Hearing: A Public Hearing is being held to Consider a request from J &J NRH 104, FLP for a Zoning Change from C -1 Commercial & 0 -1 Office to R -2 Single Family Residential on 11.337 acres in the 8600 81k. of North Tarrant Pkwy. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 20, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 14, 2013 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Dills 7301 !Northeast Loop 820 North Richland Hills, Texas 76180 Phone (8 17) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Enlow, Daniel & Katherine E Peterson, James E Etux Zona M Main, Charles M Etux Wanda Lee 8621 Glenmont Dr 8628 Glenmont Dr 8617 Glenbrook Dr NRH Tx 76182 -8478 NRH Tx 76182 -8469 NRH Tx 76182 -8476 Crownover, Jason Etux Stephani Kusel, Joy D Etvir Douglas Duong, Dung Kuan Etux Loan 8616 Glenbrook Dr 8613 Foxwood Dr PO Box 821755 NRH Tx 76182 -8475 Fort Worth Tx 76182 -8474 Fort Worth Tx 76182 -1755 Brown, George P Etux Carla J Whitlock, David W Etux Laura Harris, Mike A Etux Melarile D 8313 Valley Oaks Dr 8389 Valley Oaks Dr 8304 Valley Oaks Dr NRH Tx 76182-8484 NRH Tx 76182 -8484 NRH Tx 76182 -8483 Braun, Marcus R Chmiel, Troy M Etux Gail R Skidmore, Michael J Etux Carol 8308 Valley Oaks Dr 8312 Valley Oaks Dr 8316 Valley Oaks Dr NRH Tx 76182 -8483 NRH Tx 76182-8483 Fort Worth Tx 76182 -8483 Toye; Sean Etux Diana Durham, Tami Lovell, John W Etux Joan M 8328 Valley Oaks Dr 8324 Valley Oaks Dr 8328 Valley Oaks Dr NRH Tx 761828483 NRH Tx 76182 -8483 NRH Tx 76182 -8483 Larkin, Thomas A & Catherine L Tripp, Lance Etux Melodi Martin, Randy 8332 Valley Oaks Dr 8336 Valley Oaks Dr 8340 Valley Oaks Dr NRH Tx 76182 -8483 NRH Tx 76182 -8483 NRH Tx 76182 -8483 Garrison, Steven Etux Melody Frederick, Gary Etux Krste Gerhardt, Keith Etux Candace 8344 Valley Oaks Dr 8348 Valley Oaks Dr 8352 Valley Oaks Dr NRH Tx 76182 -8483 NRH Tx 76182 -8483 NRH Tx 76182 -8483 Sibr, Jessaca Etvir Robert Jr Savoy, Anthony R Etux Wendy R Zaleski, Walter J 8356 Valley Oaks Dr 8360 Valley Oaks Dr 8364 Valley Oaks Dr NRH Tx 76182 -8483 NRH Tx 76182 -8483 NRH Tx 76182 -8483 Do, Viet Minh Etux Kimloan T N B H & L Joint Venture Tubb, L C Jr 8368 Valley Oaks Dr 700 W Harwood Rd Ste A 8333 Davis Blvd NRH Tx 76182 -8483 Hurst Tx 76054 -3357 N Richlnd His Tx 76182 -8906 Richland Hills Riding Club Tubb, L C Jr & Judith Brown Tarrant Parkway Woodcrest Ltd PO Box 820056 PO Box 1611639 3113 S University Dr Fort Worth Tx 76182-0056 Fort Worth Tx 76161 -1639 Fort Worth Tx 76109 -5616 LIST OF NOTIFIED 'PROPERTY OWNERS (CONT.) 8800 North Tarrant LP 601 W Main St Decatur Tx 76234 -1 249 ORDINANCE NO. 3231 ZONING CASE ZC 2012 -13 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 11.34 ACRE TRACT OF PROPERTY FROM C -1 (COMMERICAL) AND 0-1 (OFFICE) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 11.34 acre tract of land located in the 8600 Block of North Tarrant Parkway in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from C -1 (Commercial) and 0-1 (Office) to R -2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. 1_1' loll 19 Pvf*xel0 BU I' 14 53 PASSED AND APPROVED on this 14th day of January, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor rr011 =91ii Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 11 » : 1 + ] ► 1= I l 7 _ [ : 11 + h l e ] 2 111 =1 Z 16 John Pitstick, Planning & Development Director EXHIBIT A TRACT 1 CURRENT ZONING 0"1 - REQUESTING R -2 ZONING BEING LOTS 40R. 41-53. BLOCK 15, FOREST GLENN EAST ADDITION, PHASE 4 AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS. ACCORDING TO THE PLAT RECORDED IN COUNTY. CLERKS NO. D20,9047521, DEED RECORDS TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED. POINT BEING IN THE SOUTH R.O.W. LINE OF NORTH TARRANT PARKWAY, POINT ALSO BEING THE NORTHEAST CORNER OF LOT 39, BLOCK 15, FOREST GLENN EAST ADDITION, PHASE I, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN COUNTY CLERKS NO. D209047521, DEED KiOORLIS, TARRANT COUNTY; TEXAS; THENCE SOUTH .89 DEGREES 38 MINUTES 55 SECONDS EAST 412.68 FEET ALONG SAIL?. SOUTH R.O.W. LINE OF NORTH TARRANT PARKWAY TO A IRON PIN FOUND FOR THE NORTHWEST CORNER OF LOT 1R1, . BLOCK 4, BRENTWOOD ESTATES. AN ADDITION .TO THE CITY OF NORTH RICHLAND HILLS, TARRANT.COUNTY, - TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE .5331. PLAT RECORDS, TARRANT' COUNITY, TEXAS, THENCE SOUTH 04 DEGREES 10 MINUTES 16. SECONDS WEST 6U.57 FEET ALONG THE WEBT LINE OF. LOTS IR1 AND 2R1; SAID BLOCK 4, BRENTWOOD ESTATES TO A 1/2'. IRON PIN FOUND FOR THE NORTHEAST . CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED . RECORDED IN VOLUME 5864, PAGE 296,: DEED" RECORDS, TARRANT COUNTY, TEXAS, AND THE NORTHWEST CORNED OF. A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4403, PAGE 61, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID POINT ALSO BEING THE SOUTHWEST. CORNER OF SDID LOT 2111, BLOCK 4, BRENTWOOD ESTATES, THENCE NORTH 89 DEGREES 50 MINUTES. 32 SECONDS WEST 414.26 FEET ALONG THE NORTH LINE OF . SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME .5864, PAGE 296,. TO A 1/2" IRON PIN FOUND FOR . THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED. IN. VOLUME 5864. PAGE 296. POINT ALSO BEING IN THE EAST LINE OF .SAID BLOCK 15, FOREST GLENN EAST ADDITION, PHASE I, THENCE NORTH +00 DEGREES 19 MINUTES 54 SECONDS EAST 58197 FEET ALONG SAID : EAST LINE OF BLOCK 15, FOREST GLENN EAST ADDITION, PHASE I, TO THE POINT OF BEGINNING AND CONTAINING 5.347 ACRES OF LAND, MORE OF LESS TRACT 2 - CURRENT ZONING C -1 - REQUESTING R -2 ZONING BEING A TRACT OF LAND OUT Or THE T. PECK . SURVEY, ABSTRACT NO. 1210, TARRANT COUNTY, TEXAS AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN 'DEED RECORDED IN VOLUME 5864, PAGE 296, DEED RECORDS, TARRA14T COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 IRON PIN FOUND IN THE EAST LINE OF LOT 32,. BLOCK 15, FOREST GLENN EAST, . PRASE I, AN ADDITION TO THE CITY, OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING. TO PLAT RECORDED IN CABINET A. SLIDE 7160, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 46, BLOCK 15, FOREST. GLENN EAST ADDITION, PHASE I, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY. TEXAS, ACCORDING TO PLAT RECORDED AN IN COUNTY . CLERKS NO, D209047521, DEED RECORDS, TARRANT COUNTY; TEXAS; THENCE SOUTH 89 DEGREES 50 MINUTES 32 SECONDS EAST 414.26 FEET ALONG THE SOUTH LINE OF SAID BLOCK 15, FOREST. GLENN EAST. ADDITION, PHASE I TO A 1/2" IRON PIN FOUND FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST .CORNER OF LOT 47 SAID . BLOCK 15, FOREST GLENN. EAST ADDITION, PHASE I AND THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4403, PAGE 81 .DEED :.RECORDS., TARRANT COUNTY, TEXAS, THENCE SOUTH OO DEGREES 04 MINUTES 07 SECONDS WEST 626.93 FEET ALONG THE WEST LINE OF SAID TRACT OF LAND AS DESCRIBED IN .DEED RECORDED IN VOLUME 4403, PAGE 61 TO A.1"' PIPE FOUND IN THE NORTH LINE OF LOT 1, BLOCK 1, LC: TUBS . JR: ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS,' TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET 13, SLIDE 354 FLAT RECORDS, TARRANT COUNTY, TEXAS,. FOR THE SOUTHWEST CORNER OF SAID TRACT OF IAN© AS .DESCRIBED IN DEED, RECORDED IN. VOLUME 4403, PAGE 61 AND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED: THENCE SOUTH 89 DEGREES 56 MINUTES .37 SECONDS WEST. 417.14 FEET ALONG THE NORTH LINE OF . SAID LOT 1, BLOCK 1, L.C. TUBB JR. ADDITION AND THE NORTH LINE OF LOT 24, SAID BLOCK 15, FOREST GLENN EAST ADDITION, PHASE I TO AN 'X` FOUND CUT IN CONCRETE FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT 13EING THE SOUTHEAST CORNER. OF LOT 25, SAID BLOCK - 15, FOREST GLENN EAST ADDITION, PHASE I; THENCE NORTH 00 DEGREES 19 MINUTES 54 SECONDS EAST 628:49 FEET ALONG THE EAST LINE OF SAID BLOCK 15, FOREST GLENN EAST ADDITION, PHASE I TO THE POINT OF BEGINNING AND CONTAINING 5.990 ACRES . OF LAND, MORE OR LESS EXHIBIT B N W — E 104 9 1 E09 300 5cu.is 1" = I00' VICINITY mAP OAHERS RHA E. J0INF 'xTk111RE JCEW' W. SAWTEL0, op 700 HARMOOO ROAD HuRST, Tx 79054 817.281 9000 OWNERS: MM A01O 011LL RImu Que R.O. 9Ox 82 FORT WORTH. TE: AS 26182 €NOINESR: KaliE E NFERIM7. WC. ED" m K€LUE, FE 1301 ;. MFfR,TERF0RO 6RREET. SURE 105 FORT WORTH, IEY.AS 76102 911.379., 625 FAK: 8I 7 7" 4159 suRVEI'M: L eRM1SCM SuRYEYGRS, 9!0 L RMS R. HOOKS, � WF 1029 N. 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PECE IURVPY, ABSTRACT NO. 1210 CITY OF NORTH RICIIL41V77 HILLS, TARAANT totTNpY, THE nu% e,...mn yr� sN PRELIMINARY PLAT APPROVED BY P&Z DECEMBER 20, 2012 W E ll- 7, + SIIE UW " aL -F, - -- N -- yok', 1. L g are Asa 1 L maw MXL PRFI.Iyp:MY PIA LOTS 1 -17, RLOCK 23, L 0 T& 1 -9, BLO UK U AND LOTS $-d. BLOCK 25 FOREST GLENN EAST ADDITION PHASE I ME 9-OCK 2 swab 00612, bngrtraX'1 �•,a. ��" 1977 r. TAT" wy 54 53 5} I 59 v0 . 49 �I IFF1. 1:13' Ir. 5 A'lTkTll '7'r4,i4dW ° 7' Y_ {RA W,1Y �roo zra c,y POINT REGINNIAG, 569'3855 "E 412.GB Fd ru FI Yf ➢� ��. l;<' Y, 'A ' M 61761 ;1bF.A1 e: 3�% Ym so I rfN,s save. � �' W0.1GR S,Fe9! ry ,E{�D.L BT r•.u� f7 :•. �"' ` LFE E'nvf. ,.� rw} a JFF'' I J31'r — 7 'i I r Pa r _ P;p xs °' W(; 39 I �.. I +A j I 7200{ A.L. - . i ' - .r ![cisz rP.crwln'� rl .sr s r.. 616176161.6100 RJ , {,, - resrl, rv. tt7o I I I 1 I :3?"9d'd�•E M! °7°'5@pC r 1of ,Bi RLMI e 1 e Pvrr1�:� E5�4T�s a� r)fal T! 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AP4 kk r a. 4, "'irrtkrsb rF,r� :: � I�r `.. J,PelRw��, .,A. 74 ^! .A WP ow �l F7.� .� ,p F. ._ � J � 1.461 I, rYa:a r N vaL 10➢Ft, +r ,IFrd• I I r c. 7M ill $WM 1 p�1.G� CIAMAC7 �'IUPJR. 75t �r PR, 47 60 EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -13 Public Hearing and Consideration of a request from J &J NRH 100, FLP for a Zoning Change from C -1 Commercial & 0-1 Office to R -2 Single Family Residential on 11.337 acres in the 8600 Blk. of North Tarrant Pkwy. Dustin Austin, 700 Harwood Rd, Hurst came forward with a request for a Zoning Change from 0-1 Office to R -2 Single Family located off North Tarrant Parkway behind Ross. We have one tract currently zoned Office and another which is zoning Agriculture and we want to rezone to R -2 Single Family. Chairman Shiflet asked about the proposed two street stub outs to the east and if it will eventually end up residential as well? Dustin Austin said that was the thought process that it would eventually tie into Davis Blvd. John Pitstick came forward stating this request is from C -1 Commercial & 0-1 Office to R -2 Single Family on 11.337 acres off North Tarrant Parkway. This was originally platted for an office district, but since it is not developing and they were able to pick up the tract behind them to replat for R -2. The City did require at least connectivity with the adjacent site and since we didn't see the commercial going back that far, it would allow for extension for the streets to be extended. Chairman Shiflet asked if there is a median cut on North Tarrant Parkway where the street is proposed. John Pitstick said no, there is not, it would be a right out only going east to Davis. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against? Seeing none, he closed the Public Hearing and entertained a motion. ►.1 »:t�l�l � �1 Mark Haynes motioned to approve ZC 2012 -13 as proposed. The motion was seconded by Steven Cooper and passed unanimously (5-0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. C.3 ZC 2012 -14 Public Hearing and Consideration of a request from Kenneth L. Merritt for a Zoning Change from AG Agricultural to R -1 Single Family Residential on Lot C, Block 6, Dawn -King Addition at 6921 Crane Rd. — Ordinance No. 3232 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of property owner Joe Crites, Kenneth Merritt is requesting approval of a zoning change from AG Agricultural District to R -1 Single Family District for a 0.506 acre parcel at 6921 Crane Road. The purpose of this request is to allow the property owner to pull building permits to construct a new home on the lot. The previous home and improvements were recently removed from the property. The new home will have to conform to the current R -1 zoning standards, including a minimum 2,000 square foot home. Because the property was platted before 1990, however, the front facing garage setback requirements of Section 115 -314 do not apply. EXISTING SITE CONDITIONS: Until recently, the property was occupied by a home of approximately 1,160 square feet !built around 1958 (Source: Tarrant Appraisal District). All structures and flatwork (concrete) were recently removed in preparation for a new home. PLATTING STATUS: The lot is currently platted as Lot C of the Dawn King Addition. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential" for this area. This change in zoning would be consistent with that category and the surrounding uses. THOROUGHFARE PLAN: The lot has frontage on Crane Road, a "C2U" 2 -lane minor collector street. E-4 1, 11 NZ T9111 ►II]I►[cll�4e]►II►"AW,1 I'll 19X11 -'1=6 North: AG Agricultural 1 Low Density Residential East: R -2 Single Family Residential 1 Low Density Residential South: AG Agricultural 1 Low Density Residential West: R -1 -S Special Single Family Residential 1 Low Density Residential PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their December 20, 2012 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 3232; ZC 2012 -14. k LOCATION MAP It Amundson Dr i Wild Ho u LL It x a� GI l Ri i I � I � I 1 J AERIAL PHOTO gp WN V V ,, , - Amundson Or _ Wild Ho N , aw ;'A. a Dr ;j Ir z ~ L PROPERTY OWNER NOTIFICATION k NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND MILLS ,'. PLANNING AND ZONING COMMISSION T Xs AND CITY COUNCIL Case Numbers: ZC 2012- 14 Applicant: Kenneth L. Merritt Location: 6921 Crane Rd You are g this notice because you e a p within 200 feet of the property shown on he attached map i ' property owner of record w eYl ` 1 II Purpose of Public Hearinn: A Public Hearing is being held to Consider a request from Kenneth L. Merritt for a Zoning Change from AG Agricultural to R -1 Single Family Residential on Lot C, Block 6, Dawn -King Addition at 5921 Crane Rd. Public Hearing Schedule: Public Hearing Dates, PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 20, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 14, 2013 Both Meeting Times: 7 :00 P.M. Both Meeting Locations; CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (8 17) 427 -6300 Fax (8 17) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Langley, Mark & Kelly Gabriel, Katherine M 6933 Crane Rd 6929 Crane Rd NRH Tx 761824308 NRH Tx 76182 -4308 Crites, Joseph C Herrick, Jon W Etux Kristine 2740 Comanche Moon Dr 7513 Jean Ann Dr Fort Worth Tx 76179 -5543 NRH Tx 76160 -6353 Lochridge, Grant Etx Gabriella Briggs, David M Etux Darla 6905 Crane Rd 6912 Amundson Dr N Richlnd HIS Tx 76182 -4308 NRH Tx 76182 -4204 Muise, Paul J Crane Hoe Inc 705 Bridget Way 9005 Wild Horse Dr Hurst Tx 76054 -2015 NRH Tx 76182 -4318 Johnson, David Etux Kathy Romo, Charles Etux Denise 9005 Wild Horse Dr PO Box 1407 N Richlnd His Tx 76182 -4318 Colleyville Tx 76034 -1407 Dukes, Briant Etux Bever(Cont) PO Box 77111 Fort Worth Tx 76177 -0111 Lochridge, Grant Etx Gabriella 6905 Crane Rd N Richlnd HIS Tx 76182-4308 King, James R Jr Etux Carie C 6918 Walter St NRH Tx 76182 -4222 Jerry L Orsburn family Ltd 9001 Wild Horse Dr N RH Tx 76182 -4318 Yarber, Greg & Jennifer R 9005 Wind River Dr NRH Tx 761 82 -4349 Edwards, Michael R Yeatts, Susie Ann 9004 Wild Horse Dr Susie Ann Yeatts Trust 9000 Wild Horse Dr N Richlnd His Tx 76182 -4316 NRH Tx 76182-4316 ORDINANCE NO. 3232 ZONING CASE ZC 2012 -14 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 0.51 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R -1 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 0.51 acre tract of land located at 6921 Crane Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from AC (Agricultural) to R -1 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by lava. Section 4: This ordinance shall be in full force and effect immediately after passage. ►_1k'IQIdE- - I&IOX63017-11►140 PASSED AND APPROVED on this 14th day of January, 2013. CITY OF NORTH RICHLAND HILLS IN Oscar Trevino, Mayor F-11 a 11*3 6 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney F-11:21:21 ZIGIVA =1 l7 :[ti2 119X0161►10 =1 r 16 John Pitstick, Planning & Development Director EXHIBIT A BEING LOT C, DAWN -KING ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -0, PAGE 377, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN (MOAK) FOUND IN THE WEST R.O.W. LINE OF CRANE ROAD FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF LOT B AND THE NORTHEAST CORNER OF LOT C, SAID DAWN -KING ADDITION; THENCE SOUTH 100.00 FEET ALONG SAID R.O.W. TO A CAPPED IRON PIN (MOAK) FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF LOT C AND THE NORTHEAST CORNER OF LOT D, SAID DAWN -KING ADDITION, THENCE SOUTH 89 DEGREES 15 MINUTES 25 SECONDS WEST 220.42 FEET ALONG THE COMMON LINE BETWEEN SAID LOTS C AND D, DAWN -KING ADDITION TO A 60D NAIL FOUND IN THE EAST LINE OF LOT 1R. BLOCK 1, CLIFTON ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 5866, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF LOT C AND THE NORTHWEST CORNER OF LOT D, SAID DAWN -KING ADDITION; THENCE NORTH 100.00 FEET ALONG THE EAST LINE OF SAID LOT 1R, BLOCK 1, CLIFTON ADDITION TO A CAPPED IRON PIN (LBS) FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF SAID LOT B AND THE NORTHWEST CORNER OF SAID LOT C, DAWN -KING ADDITION; THENCE NORTH 89 DEGREES 15 MINUTES 25 SECONDS EAST 220.43 FEET ALONG THE COMMON LINE BETWEEN SAID LOTS B AND C. DAWN -KING ADDITION TO THE POINT OF BEGINNING AND CONTAINING 22040.04 SQUARE FEET OF LAND, MORE OR LESS EXHIBIT B rrnaaysors _ Scale 1 �= SO' PROJECT SITE LOT a ••, DAWN -HONG ADDITION wrAU Rrv€R VOL. 355-0, PC. 377 D.R.T.C.T. VICIN17Y ASAP . ZONED AG a 1489 220.43 0 �- a' E I C o QD a PROPOSED V - HOUSE g a LOT C gF oR R.L14 S.A. CURRENT ZONING AG PROPOSED ZONING R -1 n -� �s= m 189'15'25 "W 220.42 $1 LOT D DAWN -KING ADDITION v VOL. 368 -0, PG. 377 D.R.T.C.T. ZONED AG BEING LOT C, DAWN -KING ADDITION, AN ADDITION'. TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388-0, PAGE 377, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BONG DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN (MOAK, FOUND IN THE WEST R.O,W. LINE OF CRANE RDAD FOR THE NORTHEAST CORNER OF TRACT BEI14C DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF LD1 B AND THE NORTHEAST CORNER OF DT C. SAID DAWN -KING ADDITION; THENCE SOUTH 1130.00 FEET ALONG SAID R.O.W. TO A CAPPED IRON PIN (U0AK} F01UND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAGO POINT BEING THE SOLFTH EAST CORNER OF LOT C AND THE NORTHEAST CORNER OF LOT D. SAID DAWN -KING ADDITION; THENCE SOUTH 89 DEGREES 15 MINUTES 25 SECONDS WEST 220.42 FEET ALONG THE COMMON LINE BETWEEN SAID LOTS C AND D, DAWN -KING ADDITION TO A 500 NAIL FOUND IN THE EAST LINE OF LOT 1R, BLOCK 1, CLIFTON ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND WLL% TARRANT' COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A SLDE 6BES. PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED. SAID POINT BEING THE SOUTHEAST CORNER OF LOT C AND THE NORTHWEST CORNER DF LOT D. SAID DAWN -KING ADDITION; THENCE NORTH 100.001 FEET ALONG THE EAST LINE OF SAID LOT 1R, BLOCK 1, GIIFTON ADDITION TO A CAPPED IRON PIN (LBO FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POI NIT BEING THE SOUTHWEST CDRiVER DF SAID LOT 8 AND THE NORTHWEST CORNER OF SAID LUT C, DAWN -KING ADDITION; - THENCE NORTH 69 DEGREES 15 MINUTES 25 SECONDS EAST 220.43 FEET ALONG THE COMMON LINE -_ BETWEEN SAID LOTS B AND C. DAWN -KING ADDITION TO THE POINT OF BEGINNING AND CONTANING 22640.04 SQUARE FEET OF LAND, MORE OR LESS �� r ZONING n HIBIT X REQUESTING ZONINC C7TH _ TEa NAL�ARE RR-1 SIGNED 3 S'FA{Ei3 W, LOT C ITaL� DAWN —KING ADDITION CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN YOLUAE 3M-0, PACE 377, DEED RECORDS, TARRANT COUNTY, TEXAS LET1E7iY. rA1u,Tr LOYD BRANSOM SURVEYORS INC. R01 PW �?„t CHARLES [3. HOOKS, JR. a oc g aRI /'g i° RffZP REGISTERED PROFESSIONAL LAND SURVEYOR ❑ mHao WNU.EM t 1428 NORTH SYLVANIA AVENUE — FC CE a CNAP �[ NgD145. JP" 8 -e- PO'NFR UNE FT, WORTH, TEAS 76111 - 1-f- TUEPHONE UNE N aefa e (817) 634 -3477 MELE TE"SKKJ UiMFL ^• //' Cl]NQ2lE PRANG f 4swwLr PAWAG 12 -12432 _ DATE; 11 -28 -12 EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING ZC 2012 -14 Public Hearing and Consideration of a request from Kenneth L. Merritt for a Zoning Change from AG Agricultural to R -1 Single Family Residential on Lot C, Block 6, Dawn -King Addition at 6921 Crane Rd. Kenneth Merritt, 3612 Tarrant Main Street, Euless, came forward with a request a zoning change from AG to R -1 to build a single family residence on the property. John Pitstick said this request for a zoning change had a previous house on the property but it has been demolished. It has been previously platted and the zoning change would allow them to build a house on the property. Chairman Shifdet opened the Public Hearing, no one came forward to speak. Bill Schopper motioned to approve ZC 2012 -14 as proposed. The motion was seconded by Steven Cooper and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. CA ZC 2012 -16 Public Hearing and Consideration of a request from E.A. Young Academy for a Zoning Change from 0-1 Office to PD Planned Development with 0-1 Uses and Regulations including the use of a Private School on Lot 4, Block 1, D.J. Anderson Addition located at 8521 Davis Boulevard. This case was previously known as SUP 2012 - U7 – Ordinance No. 3233 Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of the owner, Y &L Enterprises, LLC, E.A. Young Academy is requesting approval of a Zoning Change from "0-1" (office to "PD" Planned Development with "O -1" Office Uses and Regulations, including a "Private School" at an existing daycare/preschool facility —Good Beginnings School —at 8521 Davis Boulevard. The E.R. Young Academy is a new "not- far - profit private academy dedicated to the gifted, talented, and high- ability scholar." DESCRIPTION: The E.A. Younq Academv opened its doors at this location earlier this school year prior to realizing the use of a private school was not permitted by right in the zoning district. Because of the limited scope of their business plan and limited number of students, staff was willing to work to keep the school operating while the zoning issues were resolved. Staff originally believed that allowing private schools as a permitted use in the 0-1 Office District by Special Use Permit approval would be appropriate. The case was advertised as such, along with a Zoning Ordinance Text Revision to create the SUP provision for private schools in the 0-1 District. Staff discussed the issue further and believes that the SUP route is not the most appropriate route, because the private school use has certain economic development implications if within close proximity to certain retail and restaurant uses. The alternative and more preferred route is simply to rezone the property to a "PD" Planned Development, keeping the 0-1 uses and regulations and simply adding the Private School use. LANDSCAPING IMPROVEMENTS: A Site Plan for the Good Beginnings School was approved by the Development Review Committee on August 23, 2007. The Landscape Plan associated with that approval showed five evergreen trees (Eastern Red Cedars) along the western property line that appear to have never been installed. Additionally, a total of 49 shrubs, 4 ornamental trees and 4 large trees were shown to be installed between the building's front fagade and the drive aisle. It appears some of the landscape material has either never been installed or has been removed — likely due to drought conditions. Staff would recommend that landscaping in these two areas —the west property line and the building's front facade—be a condition of approval. EXISTING ZONING: "0-1" Office EXISTING PLATTING: Lot 4, Block 1, D.J. Anderson Addition 0 IPl,[S] =1 Z 1 MV401 '► I I 141 WIl' 1 RX1,6 6 North: R -2 1 Low Density Residential East: CS 1 Retail South: AG 1 Public/Semi-Public (city water tower) C -1 1 Neighborhood Service West: R -2 1 Low Density Residential THOROUGHFARE PLAN: The property sits back of and has direct access to Davis Boulevard (P6D Principal Arterial). PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their December 20, 2012 meeting and voted to recommend approval (5 -0) of a zoning change to PD Planned Development and to include the updated landscaping requirements. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 3233; a zoning change from "0-1" Office to - `PD` Planned Development with "O -1" Office District uses and regulations, including a private school of less than 100 students. Staff also recommends this be subject to the following: • Installation of five (5) Eastern Red Cedars or other evergreen tree along the western property line; • A cumulative total of 49 shrubs planted between the front building facade and the drive aisle. Shrubs should be either Dwarf Abelia or more drought - tolerant sages, grasses or shrubs or combination thereof. • A cumulative total of four (4) large trees and four (4) small /ornamental trees planted between the front building facade and the drive aisle. LOCATION MAP I—' *4� d� f\ c+ C. North Tarrant Pkwy AERIAL PHOTO PROPERTY OWNER NOTIFICATION o NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Numbers: SUP 2012 - 07 Applicant: E.A. Young Academy Location: 8521 Davis Blvd You eet of „ e roe w n the map l) f 13 e receiving this notice use you are a property owner of record within 2 th .. property sh . o . Purpose of Public Hearinu: A Public Hearing is being held to Consider a request from E.A. Young Academy for a Special Use Permit which would allow a Private School at 8521 Davis Blvd. Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 20, 2012 If recommended for approval by the Planning and Zoning Commission, this zoning request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 14, 20'13 Both. Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7341 Northeast Loop 624 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Rhp Real Estate Ltd Etal Patterson Land Investment Ltd Y & L Enterprises LLC 100 Independence PI 'Ste 200 PO Box 132040 1190 Lees Meadow Ct Tyler Tx 78703 -1327 Tyler Tx 75713 -2040 Great Falls Va 22066 -1859 Sterling Properties JV Anderson, \William C Richada, Mitesh 2012 E Randol Mill Rd Ste 211 8525 Davis Blvd 8525 High Point Ct Arlington Tx 76011 -8222 Fort Worth Tx 76982 -8311 NRH Tx 76182 -8384 Mina Custom Homes Inc Hmh Lifestyles LP Downey, Laura J Etvir Anthony PO Box 820001 9041 Airport Fwy Ste 400 613 Chestnut Or NRH Tx 76182 -0001 NRH Tx 76180 -9128 Keller Tx 76248 -8242 Vieregger, Garye Etux Rebecca Cameron Classic Homes Taylor, Thomas L Etux Johnnie 8832 High Point Ct PO Box 92335. 8524 High Point Ct Fort Werth Tx 76182 -8383 Southlake Tx 76092 -0103 NRH Tx 76182 -8383 Trammell, Kristi Lynn Braack, Barbara Etvir David A Ruiz, Matthew 8889 Twisted Oaks Ct 8558 Twisted Oaks Ct 8554 Twisted Oaks Ct NRH Tx 76182 -8328 NRH Tx 76182 -8328 NRH Tx 76182 -8328 Patton, Robert G Etux Diana C Fitch, Jahn Etux Christina Davisson, George Etux Deborah 8550 Twisted Oaks Ct 8551 Kensington Ct 8555 Kensington Ct NRH Tx 76182 -8328 NRH Tx 76182 -8329 NRH Tx 76182 -8329 Wolven, Marsha Etvir M Torrez Phillips, Alicia & Jay Miller Baer, Christopher Etux Rani 8559 Kensington Ct 8588 Kensington Ct 8554 Kensington Ct NRH Tx 76182 -8329 NRH Tx 76182 -8329 NRH Tx 76182 -8329 Hatchett, Duane Vanwie, Steven L Underwood, William E IV & Maxi 8550 Kensington Ct 8551 Shadybrooke Ct 8555 Shadybrooke Ct NRH Tx 76182 -8329 NRH Tx 76182 -8330 NRH Tx 76182 -8330 Ferguson, Maria C Minacapelli, Renato Etux Sally Jarzombek, Jerry J Etux Trica 8559 Shadybrooke Ct 8562 Shadybrooke Ct 8558 Shadybrooke Ct NRH Tx 76182 -8330 NRH Tx 76182 -8330 NRH Tx 76182 -8330 Boyett, Rosa L 8554 Shadybrooke Ct NRH Tx 76182 -8330 ORDINANCE NO. 3233 ZONING CASE ZC 2012 -16 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.11 ACRE TRACT OF PROPERTY FROM 0-1 (OFFICE) TO PD (PLANNED DEVELOPMENT) ZONING WITH 0-1 (OFFICE) USES AND REGULATIONS INCLUDING THE USE OF A PRIVATE SCHOOL; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2001 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.11 acre tract of land located at 8521 Davis Blvd. in the D. J. Anderson Addition, known as Lot 4, Block 1, in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the site plan as Exhibit A from 0-1 (Office) to PD (Planned Development) zoning with 0-1 (Office) uses and regulations including the use of a private school. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. I:1'IQ11111111 +I�]N17- AlI►1413 PASSED AND APPROVED on this 14th day of January, 2013. I:� ATTEST: Patricia Hutson, City Secretary 1�1 :ZG] ►1=112 -114 1101 to] N k ►,1,1:1 III 1 *111111 Wis George A. Staples, City Attorney APPROVED AS TO CONTENT: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor John Pitstick, Planning & Development Director ZC 2012-16 Ordinance No. 3233 Landscape Plan EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING SUP 2012 -07 Public Hearing and Consideration of a request from E.A. Young Academy for a Special Use Permit which would allow a Private School at 8521 Davis Blvd. Kathy Lyda, 2665 Johnson, Southlake, TX came forward representing E. A. Young Academy, 8521 Davis Blvd. stated she is one of founders and is the head of school. Our school was founded in 2011, opened in Old Town Keller and recently moved to the North Richland Hills facility. We are a not for profit, private academy targeted towards the gifted — talented ability population. Our goal will eventually to be to be a K -12 school, although right now we are 3 -7 grade only with a total of 14 students enrolled at this time. Our plans are to grow but to always maintain a small school. Our education model is really founded on individualized and personalized instructions, we are aligned with the TEAKS common core standards. We do a lot of self- directed and project based learning, we are a technology infused learning environment and base a lot of what we are doing on critical inquiry and authentic assessment. Our vision is to create scholars who are innovative, problem solving, and compassionate stewards of our global as well as our local community. We are here tonight following the recommendations of the Planning Department and with the endorsement of our ,property owner; we are seeking approval of a zoning change from 0-1 to PD. If we understand the change correctly, there is not much change, we will maintain all the current 0-1 uses which includes the use of a private school for fewer than 100 students and not increase the standoff requirements. We will be happy to comply with the landscaping requirements as discussed in the work session. Mike Benton asked if the growth of the school includes high school students and would they be driving to school and would there be enough parking spots to accommodate them, how would this be monitored. Kathy Lyda said yes, eventually they would be driving. We have not addressed this with the Board or internally yet but will be addressing soon. John Pitstick said we would have to address that later as they grew and they would have to provide adequate parking. Bill Schopper asked if our zoning ordinance carne up with the 100 students? John Pitstick said the day care is there now and the setback requirements for restaurants, if a private school goes in there if less than 100 it has the same setbacks as the daycare, so we are recommending a maximum a 99 students. There is no specific requirement on the setback for number of kids but when you have a private school, there are some state laws that have issues with setbacks from restaurant that sell alcohol, etc. The proposed zoning will not change anything; it is a daycare zoned 0 -1 Office. Staff is recommending it a PD, restricted to less than 100 students with an updated landscaping. Bill Schopper asked what happens if this grows and it goes over the 100 students. John Pitstick said we would have to write a letter and go through the process, but they understand the PD is less than 100 kids. I would recommend that this be a stipulation as part of the motion. Kathy ILyda said if this were to happen then our Board would certainly be interested in a separate facility for the high school if the high school numbers grow. Mike Benton commented that he hopes they do grow and if this becomes an issue with parking, he would be concerned about the safety of high school drivers with small elementary children in the parking lot. Steven Cooper asked about the landscaping and how it would be taken care of. Kathy Lyda said the non - installation and death of the shrubbery happened prior to us moving into this facility so truly does not know the history of what happened. It is our intent to comply with bringing this to compliance. Our students have done a project based on an activity with the Botanical Research Institute of Texas. The students' findings actually support findings. John Pitstick came forward with the Staff report saying this Special Use Permit for a private school has been advertised. Staff is recommending that it be considered a Planned Development. This is part of the existing daycare building and E.A. 'Young Academy is currently occupying it with 13 students. We looked at the approved site plan for Good Beginnings School and there were some trees missing from the back side. The Steeple Ridge neighborhood behind the school and we want to hear from anyone in that area. The evergreen trees along the back of the property will need to be replaced adjacent to the neighborhood along with updating the shrubs in the front of the property. It would be our recommendation that it be a private school with 0 -1 uses, limited to less than 100 students subject to the installation of the evergreen trees along the western landscape and total of 49 shrubs being maintained between the buildings, front facade and drive isle. Chairman Shiflet opened the Public Hearing for SUP 2012 -07 and asked if anyone wished to speak. Garye Vieregger, 8532 High Point Ct, came forward asking if they are allowed to expand their building with two or more stories because of decreasing property values. Chairman Shiflet said if this is approved for recommendation tonight to the City Council, then it would put more restriction and they could not do anything to the property. There was no one else wishing to speak so the Public Hearing was closed. Mark Haynes motioned to approved for recommendation of a Planned Development and to include the updated landscaping requirements. The motion was seconded by Mike Benton and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. C.5 TR 2012 -05 Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of North Richland Hills regarding the uses of "Detention /Retention Pond" and "Primate School" within certain zoning districts within the City– Ordinance No. 3234 Presenter: John Pitstick, Planning & Development Director 1194d, &III 1i I1AF -11 ;YJ At their December 10 regular meeting, City Council passed Ordinance 3228, which changed the criteria regulating the design of detention and retention structures. The new regulations only apply if and when City Council approves a Special Use Permit for a "Detention /Retention Pond" for the property. This allows the Planning & Zoning Commission and City Council opportunity to determine whether the location is suitable from a land use perspective, not just an engineering perspective. It also allows the opportunity to place site - specific improvements and conditions that would mitigate the structure's aesthetic, safety and other impacts. As such, the attached Ordinance creates the line item for "Detention/Retention Pond" in the Table of Permitted Uses and applies the Special Use Permit requirement to all zoning districts. It also provides minimum design criteria —not to the extent of the more technical criteria passed with Ordinance 3228. BACKGROUND INFORMATION For general background information, below is the text from the City Council staff report explaining Ordinance 3228, which was passed and approved December 10. In May 2002 the City of North Richland Hills adopted an ordinance (No. 2824) 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 uncommon difficulty in obtaining off site 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. PRIVATE SCHOOL REMOVED FROM CONSIDERATION A decision was made to remove the Private School component of this ordinance (unrelated to detention /retention ponds but planned to be addressed in the same ordinance) after publication in the (Fort Worth Star Telegram. As such, the agenda must continue to read as it is written, although private schools are no longer considered as part of this ordinance. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this Ordinance at their December 20, 2012 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 32.34; TR 2012 -05 ORDINANCE NO. 3234 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118 -1, 115 -631 AND 118 -632 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ADDING DEFINITIONS AND ADDING USES TO THE TABLE OF PERMITTED USES; ADDING SECTION 118 -729 REGARDING DETENTION AND RETENTION POND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by amending or adding the following definitions: [3ec.118 -1. Definitions Detention Pond (or 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.) Retention Pond (or 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.)" SECTION 2. THAT Sec. 118 -631 AND 118 -632 of the North Richland Hills Code of Ordinances be amended by amending the Table of Permitted Uses to add "Detention /Retention Pond" as a use permitted only with a special use permit in all zoning districts, and all Subzones of the TC Town Center ,Zone. SECTION 3. THAT Sec. 118 -729 of the North Richland Hills Code of Ordinances be created by adding the following: "Sec. 118 -729.. Detention /Retention Pond Criteria. For any property requiring a Special Use Permit for Detention /Retention Pond, the following minimum criteria shall apply: (a) Public Works 1 Engineering approval is required for all detention 1 retention pond designs, and all other relevant ordinances apply. (b) Pond outlet structures shall be located at least 50' from a property line. (c) Side slopes (1) The top of the side slope shall be a maximum of 12 inches above the surrounding ground. (2) Detention basin side slopes shall be 5H or milder. (3) Retention basin side slopes shall be 4H:1 V below normal pool depth and 5H:1 V above. (d) 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 detention storage basins shall not exceed ten feet. (e) Landscaping is required to accompany all detention 1 retention ponds." SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. [-'I x01 I [+] ► fM 1717 M. fiCT,� The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of ,January, 2013. CITY OF NORTH RICHLAND HILLS IN Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Mahn Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISION MEETING TR 2012 -05 Public Hearing and Consideration of an amendment to the Zoning Ordinance of the City of North Richland Hills regarding the uses of "Detention /Retention Pond" and "Private School" within certain zoning districts within the City. John Pitstick said this text revision regarding the uses of detention /retention ponds. The City Council has recently approved updates to the Public Works Design Manual to allow for detention /retention ponds and our Engineering Staff is here tonight if you have any questions. This would be the formal request to put into the Zoning Ordinance for a requirement of a Special Use Permit. This ordinance was passed by City Council on December 10, 2012. There was an advertisement for SUP for Private Schools in the Office District. We have since removed that and are recommending it be a Planned Development. Steven Cooper motioned to approve TR 2012 -05, to include removing the school. The motion was seconded by Bill Schopper and passed unanimously (5 -0). M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. C.6 TR 2012 -04 Public Hearing and Consideration of amendments to Section 118 -728 of the North Richland Hills Code of Ordinances "Lighting" — Ordinance No. 3229 Presenter: Clayton Comstock, Senior Planner SUMMARY The Planning & Zoning Commission had a work session item on July 19, 2012 to discuss new lighting standards for the Zoning Ordinance. City Council held a subsequent work session to discuss the issue on August 27. Staff has developed the ordinance and is ready to hold public hearings on the new proposed lighting standards. BACKGROUNDIPURPOSE Currently, there exists only one regulation regarding lighting in the zoning ordinance: that wood poles not be used for the support of light fixtures. Issues of glare, Fight trespass and other light - related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and residential outdoor lighting. The City recently received Silver Level Certification from the Scenic City Certification Program. The program acknowledges cities that have policies, procedures and regulations in place to enhance the quality of life through the built environment. With the certification also came recommendations from the program administrators on how to achieve the next level. One recommendation was to address lighting, as the City received zero out of 25 possible points in that category. Additionally, the 2001 City Image Study inferred that the City should adopt "Parking Lot Lighting (Requirements" that regulate pole height and maximum illumination output. Preventing light from "trespassing" onto properties that it is not meant to illuminate and shielding the bulb, or light source, is a major component to minimizing the impact of commercial development on its residential neighbors as well as the public thoroughfares we travel. Glare and light trespass reductions would naturally increase safety. security, quality of life, and property values. From a broader level, light pollution and "skyglow" is an increasing problem for our developing region. The importance of local outdoor lighting ordinances that eliminate light fixtures, or "luminaires," from wasting excess light to the night sky is essential to the region's cumulative enjoyment of a clear, dark night sky. ORDINANCE DETAILS The Ordinance covers the major topics previously discussed in work session with the Commission and City Council, including: U 1. Eliminating light waste, or "skyglow" (purple and cyan in exhibit) by requiring full -cutoff fixtures that block light from traveling from its source above 90 degrees. i VA g B - BACKLIGHTITRESPASS li —as measured i n G - GLAR OFFS SIVE y G - GLAREI�FFEkJSIVE LIGHT footcandles —at the property line and shielding light sources from view when standing at the property line. Reducing light trespass and glare onto adjacent roadways and residential properties (yellow and green). This is done by establiskin a maximum amount of 3. Regulating lighting type (red and orange) for safety, security, and aesthetic value. This is done by eliminating the extreme ends of the "light temperature" spectrum and creating a color temperature range for which lights must fall and increasing the minimum Color Rendering Index to provide for a safer nighttime environment. 4. Establishing a minimum quality standard for light poles (i.e. color, material, height). 5. Requiring forethought in the site planning process that addresses light trespass, glare, luminaires, etc. Of course, "light" covers a wide spectrum of applications, so a number of exemptions are proposed as well. Lighting vocabulary is also introduced to the Zoning. Ordinance's definitions, which is currently absent of any lighting terms. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their December 20, 2012 meeting and voted to recommend approval as presented (5 -0). STAFF RECOMMENDATION: Approval of Ordinance No. 32.29; TR 2012 -04. FoIt Al zip] I . ►, l ► ►Q Q , 191W P �. � : � AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118 -1 AND 118 -728 AND PROVIDING ILLUSTRATIONS FOR ARTICLE IX OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING REGULATIONS FOR LIGHTING; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER. WHEREAS, it is the goal of the City Council to provide quality community development and revitalization, safety and security. a positive city image, a sense of community, and local and regional leadership; and WHEREAS, the Scenic City Certification Program recommended improvements to the City's lighting regulations; and WHEREAS, the 2001 City Image Study also recommended a more detailed policy on commercial parking lot lighting; and WHEREAS, appropriate lighting regulations reduce the negative effects of unwanted nighttime light on residents, drivers, the environment and the night sky; and WHEREAS, the City Council has received the recommendations of the Planning and Zoning Commission concerning the matters herein dealt with, which recommendations were made after the holding of a public hearing before said Commission on such matters; and WHEREAS, notice has been published of the time and place of a public hearing held before the City Council concerning the changes herein made, which public hearing has been duly held; and, WHEREAS, the City Council has determined that the amendment to the Comprehensive Zoning Ordinance herein made is in the best interest of the health, safety and general welfare of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. That Section 118 -1 of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following definitions: "Sec. 118 -1. Definitions Architectural Lighting. Lighting designed to reveal architectural beauty, shape and/or form and for which lighting for any other purpose is incidental. Color Temperature. A description of the warmth (oranges and yellows) or coolness (blues) of a light source as measured in Kelvins. Warm light is considered between 2700 Kelvin and 3000 Kelvin. Cool light is considered between 3600 Kelvin and 5500 Kelvin. Color Rendering Index (CFI). The relative ability of a light source to replicate true colors. It is measured as a number between 0 and 100. Foot- candle. The unit of measure expressing the quantity of light received on a surface. One footcandle is the illuminance produced by a candle on a surface one foot square from a distance of one foot. Fully Shielded Luminaire. A luminaire constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire's lowest light - emitting part. Glare. Lighting entering the eye directly from luminaires or indirectly from reflective surfaces that causes visual discomfort or reduced visibility. Kelvin. The industry measurement unit of color temperature. Landscape Lighting. Lighting of trees, shrubs, or other plant material as well as ponds and other landscape features. Light Pollution. Any adverse effect of artificial light including, but not limited to, glare, light trespass, skyglow, energy waste, compromised safety and security, and impacts on the nocturnal environment. Light Trespass. Light that falls beyond the property it is intended to illuminate. See Figure 1 -12, Article IX, "Light Trespass," for illustrative definition. Lighting. "Electric" or "man- made" or "artificial" lighting and its associated equipment specifically intended to provide gas or electric illumination, including but not limited to, lamp(s), luminaire(s), ballast(s), poles, posts, lens(s), and related structures, electrical wiring, and other necessary or auxiliary components. Lumen. The unit of measure used to quantify the amount of light produced by a lamp or emitted from a luminaire (as distinct from `Watt," a measure of power consumption). Luminaire. The complete lighting unit (fixture), consisting of a lamp, or lamps and ballast(s) (when applicable), together with the parts designed to distribute the light (reflector, lens, diffuser), to position and protect the lamps, and to connect the lamps to the power supply. Seasonal Lighting. Temporary decorative lighting installed and operated in connection with holidays between October 15 and February 15. Skyglow. The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky. Temporary Lighting. Lighting installed and operated for periods not to exceed 60 days, completely removed and not operated again for at least 30 days. Uptight. For an exterior luminaire, flux radiated in the hemisphere at or above the horizontal plane." SECTION 2. That Section 118 -728 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: [3ec. 118 -728. Outdoor Lighting (a) Purpose. The purpose of this Section is to provide regulations for outdoor lighting that will: (1) Minimize adverse offsite impacts of lighting such as light trespass and glare. (2) Curtail light pollution, reduce skyglow and improve the nighttime environment. (3) Conserve energy and resources to the greatest extent possible. (b) Conformance with applicable codes. All outdoor lighting shall be installed in conformance with the provisions of this Section, applicable Electrical and Energy Codes, and applicable sections of the Building Code. (c) Applicability. The provisions of the outdoor lighting regulations provided in this Section shall apply in the following situations: (1) When an existing property is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds 50 percent of the current appraised value of the existing improvements, excluding the value of the land, (2) When an existing property is proposed for a single addition or cumulative additions after January 14, 2013 that increases the number of dwelling units, gross floor area, seating capacity, or parking spaces by 30 percent or more, (3) Upon all new development, redevelopment, construction or new luminaire installation. (d) Nonconforming Luminaires. (1) Except as otherwise noted above, all exterior lighting luminaires in existence and legally installed and operative on or before January 14, 2013 shall be exempt from the requirements of this Section and shall be considered legally nonconforming. (2) Except as otherwise noted above, legal nonconforming luminaires may be repaired, maintained and replaced. (e) General Requirements for Single Family and Duplex Residential Property. (1) All luminaires shall be placed so as to not cause light trespass or glare beyond the property boundary. (2) Any luminaire installed on a residential property shall be shielded such that glare from the light source is not directly visible from six (6) feet above grade on any other residential property line. (3) Flood or spotlights shall be aimed no higher than forty -five (45) degrees above straight down when the fixture is visible from any other residential property or public right -of -way. (4) All light fixtures shall be located, aimed or shielded so as to minimize light trespass. (f) General Requirements for Nonresidential and Multifamily Property. (1) Uplight/Skyglow Limitation. Except as otherwise permitted in this Section, all luminaires shall utilize a full- cutoff or fully- shielded design, so as to have no light emitted above 90 degrees. See Figure 1 -11, Article IX, "Examples of Fully Shielded Luminaires," for examples. (2) Light Trespass Limitation. a. Residential Adjacency. The following shall apply to all luminaires located on a property adjacent to a property zoned for residential use, designated on the Comprehensive Land Use Plan for residential use, or used or subdivided for residential use. 1. The light source (bulb or lamp) of the luminaire shall be completely shielded from direct view of at a point three (3) feet above grade on the adjacent property line. 2. All luminaires shall be designed or positioned so that the maximum illumination at the adjacent property line shall not exceed one- quarter (114 or 0.25) foot - candle. b. Right -of -Way Adjacency. The following shall apply to luminaires located on a property adjacent to public right-of-way 1 The light source (bulb or lamp) of a luminaire shall be completely shielded from direct view of at a point six (6) feet above grade on the right -of -way line. 2. All luminaires shall be designed or positioned so that the maximum illumination at the property line adjacent to a street right -of -way shall not exceed one -half (1I2 or 0.5) foot - candle. C. In all other circumstances, luminaires shall be designed or positioned so that the maximum illumination at the property line shall not exceed one (1) foot - candle. (3) Lighting Type. a. Color Temperature. The light source (bulb or lamp) shall have a minimum color temperature rating of 2,700 Kelvin and a maximum of 5,700 Kelvin, as provided by the manufacturer's specifications. b. Color Rendition. The light source (bulb or lamp) shall have a minimum Color Rendering Index (CRI) rating of 50, as provided by the manufacturer's specifications. (4) Location, Height and Quality Criteria for Luminaires. The following criterion for luminaires applies to all outside lighting on a property. a. Landscape Setback Areas. Luminaires are prohibited in landscape setback areas as established in Chapter 114 of the Code of Ordinances. Landscape lighting fixtures used to accent landscaping are exempt from this requirement so long as the fixtures are aimed and shielded to minimize light spill into the night sky and glare into adjacent uses and rights -of -way. b. Luminaires are permitted to be a maximum of 30 feet in height. C. When a luminaire is located within one hundred (100) feet of a property zoned for residential use, designated on the Comprehensive Land Use Plan as residential, or used or subdivided for residential use, the maximum permitted height shall be 20 feet. d. Material and Color. Neither concrete nor wood poles shall be used for the support of freestanding luminaires. Poles shall be low reflectance, subtle, neutral, or earth tone colors or original factory metal finish. The use of high intensity, primary or fluorescent colors shall be prohibited. (5) Lighting Control Requirements. a. Automatic Switching Requirements. Controls shall be provided that automatically extinguish all outdoor lighting when sufficient day light is available using a control device or other system conforming to the current adopted Electrical and/or Energy Code. b. Automatic lighting controls are not required for lighting under canopies or lighting for tunnels, parking garages, garage entrances, and similar conditions. (B) Architectural and landscaping lighting. Outdoor lighting used to illuminate flags, statues, signs or other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, must use full cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light is substantially confined to the object intended to be illuminated. (7) Exterior Lighting Plan Required. The following exterior lighting information must be included with all site plan submissions. Such information shall be prepared by a certified engineer, architect, landscape architect or lighting engineer: a. Plans indicating the location of the exterior lighting on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices. b. Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices. The description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required) and height of the luminaires. C. A statement from the property owner, developer, or agent and the preparer of the Lighting Plan that exterior lighting depicted on the Lighting Plan will comply with the requirements of this Section after installation. d. Photometric Plan and data sheets showing the angle of cut off or light emissions in footcandles across the entire property and at the property lines. 1. A waiver to the Photometric Plan requirement may be granted by the Development Review Committee upon request for certain small - scale, low- impact developments so long as the other submittal requirements of this subsection are met. (g) Prohibited. (1) "Cobra head" type lighting fixtures having dished or "drop" lenses or refractors which house other than incandescent light sources shall be prohibited. (2) Flickering, flashing, rotating, pulsing, moving or alternating colored light sources shall be prohibited. (3) Searchlights, lasers and other high- intensity narrow -beam fixtures. (h) Exemptions. The following are exempt from the standards contained in this Section, provided that such luminaires do not cause excessive and disabling glare. (1) Lighting within public right -of -way for the principal purpose of illuminating streets or roads. (2) Lighting solely for internally illuminated signs (See Chapter 106 of the Code of Ordinances for additional sign regulations). (3) Incandescent light bulbs of 75 Watts or less used for architectural lighting. (4) Luminous Tube Lighting. (5) Repairs to existing luminaires not exceeding 30 percent of total installed luminaires. (fi) Temporary lighting for theatrical, television, performance areas and construction sites. (7) Underwater lighting in swimming pools and other water features. (8) Temporary lighting and decorative seasonal lighting provided that individual lamps are less than 10 watts and 70 lumens. (9) Residential Party Lights for social gatherings. Such temporary outdoor lighting includes, but is not limited to, strings of lights and/or lanterns. (10) Specific Outdoor Recreational Facilities (public or private), such as, but not limited to, playing fields, courts, amusements, or show areas; provided that lighting for these outdoor recreational uses shall be shielded to minimize glare and light trespass onto adjacent residential property to the greatest extent possible and any applicable Special Use Permit requirements associated with the facility are met as necessary. (11) Lighting that is used by federal, state, county or local authorities and their authorized representatives under emergency conditions or to perform nighttime road construction on major thoroughfares. (12) Lighting required by federal, state, county or local laws or regulations. (13) Lighting approved by a Special Use Permit, Planned Development zoning district, or other lighting standards specifically created for a particular zoning district that does not otherwise meet the provisions of this Section. (i) Enforcement. (1) The Chief Building Official, or his/her designee, shall administer and enforce the provisions of this Section relating to outdoor lighting." SECTI0N 3. That Article IX of Chapter 118 ( "Illustrations ") of the Code of Ordinances of the City of North Richland Hills, Texas, is hereby amended by adding the following illustrations: "Figure 1 -11: Examples of Fully Shielded Luminaires vc Full Cutoff Fixtures Fully Shielded Wallpack & Wall Mount Fixtures _ F7 r � Fully Shielded Fixtures Full Cutalt Streetlight 40 Z I Fully Shielded Fulhr Shielded Walkway Bam Light Bollards Fully Shielded Fully Shielded �. Decorative ` 1 ,, Slyle Fixtures Fixtures I� N ib 4MI 10p Dud 6h149FC G ®/ PlmpietA Flush Mounted or Side Shielded Under Canopy w Fixtures Shielded f Properly -aimed PAR Floodlights ow4merarwrreda ezros r �,M..wauV omque F~., UV Midel m„ d irge. 0M®4110d Figure 1 -12: Light Trespass Illustrative Definition i a r�t:a of c1qt,t trespass properly a pmporty b u SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and section of this ordinance are severable, and if any phrase, clause.. sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence. paragraph or section. SECTION 5. Penalty. Any person, firm or corporation who violates, disobeys. omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. Savings. All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provision of any other ordinances regulating solicitation or canvassing activities that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. Publication. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption and penalty of this ordinance in the official City newspaper. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 14th day of January, 2013. CITY OF NORTH RICHLAND HILLS e Oscar Trevino, Mayor F -A WBU Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney 1,1 � �:t�7 ►1 =1 11viva 11*I01672 10=1►16 John Pitstick, Planning & Development Director EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING TR 2012 -04 Public Hearing and Consideration of amendments to Section 118 -728 of the North Richland Hills Code of Ordinances "Lighting ". Clayton Comstock came forward with a Power Point presentation. He said currently, there exists only one regulation regarding lighting in the zoning ordinance: that wood poles not be used for the support of light fixtures. Issues of glare, light trespass and other light - related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and residential outside lighting. Issues of glare, light trespass and other light - related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and residential outside lighting. The City recently received Bronze Level Certification from the Scenic City Certification Program. The program acknowledges cities that have policies, procedures and regulations in place to enhance the quality of life through the built environment. With the certification also came recommendations from the program administrators on how to achieve the next level. One recommendation was to address lighting. Additionally, the 2001 City Image Study inferred that the City should adopt "Parking Lot Lighting Requirements" that regulate pole height and maximum illumination output. Preventing light from "trespassing" onto properties that it is not meant to illuminate and shielding the bulb, or light source, is a major component to minimizing the impact of commercial development on its residential neighbors as well as the public thoroughfares we travel. Glare and light trespass reductions would naturally increase safety, security quality of life, and property values. From a broader level, light pollution and "skyglow" is an increasing problem for our developing region. The importance of local outdoor lighting ordinances that eliminate light fixtures, or "luminaires," from wasting excess light to the night sky is essential to the region's cumulative enjoyment of the clear dark night sky.ht- related nuisances have been enforced through other parts of the Code of Ordinances. This Lighting Ordinance provides a comprehensive set of regulations for commercial and residential outside lighting. The City recently received Bronze Level Certification from the Scenic City Certification Program. The program acknowledges cities that have policies, procedures and regulations in place to enhance the quality of life through the built environment. With the certification also carne recommendations from the program administrators on how to achieve the next level. One recommendation was to address lighting. Additionally, the 2001 City Image Study inferred that the City should adopt `Parking Lot Lighting Requirements" that regulate pole height and maximum illumination output. Preventing light from `trespassing" onto properties that it is not meant to illuminate and shielding the bulb, or light source, is a major component to minimizing the impact of commercial development on its residential neighbors as well as the public thoroughfares we travel. Glare and light trespass reductions would naturally increase safety, security quality of life, and property values. From a broader level, light pollution and "s'kyglow" is an increasing problem for our developing region. The importance of local outdoor lighting ordinances that eliminate light fixtures, or "luminaires," from wasting excess light to the night sky is essential to the region's cumulative enjoyment of the clear dark night sky. Chairman Shiflet opened the Public Hearing, no one came forward to speak. APPROVED Mark Haynes motioned to approve TR 2012 -04 as proposed. The motion was seconded by Steven Cooper and passed unanimously (5-0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. i COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. D.1 FP 2012 -08 Consideration of a Request from HP Civil Engineering, LLC for a Final Plat of Home Town - Dolce Addition, Phase 1 on 14.86 acres located in the 6104 block of Parker Blvd and associated Water Course Maintenance Agreement. Presenter: John Pitstick, Planning & Development Director CASE SUMMARY: On behalf of Dolce Living Hometown, LLC, Hometown Urban Partners, LTD. and Arcadia Land Partners 25, LTD, HP Civil Engineering is requesting approval of a Final Plat for four developable lots and two open space lots — including a 0.53 acre public park dedication —on 14.8677 acres at the southeastern corner of the Town Center zoning district, along Parker Boulevard just north of the NRH2O Family Waterpark. DESCRIPTION: Approval of the Final Plat will allow full grading and construction to commence on Phase 1 of "Dolce Living Hometown," a multi - family residential development of 315 apartment units (total build -out). Phase 1 of the development will include 159 units (83 one - bedroom units, 70 two - bedroom units and 6 three- bedroom units), a 5,900 square foot leasing office and amenity center, and 5,000 square feet of first -floor retail space. The total Phase 1 square footage is approximately 160,000 square feet. Some of the Phase 1 development area will be in a 0.53 acre public park and a publicly accessible dog park. Pursuant to the Town Center Zoning District, both public and private approval of a Site Plan for new construction is required within the District. As of the City Council meeting date, the private Design Review Board (DRB) will have approved the Site Plan, as well as the City's public review body, the Development Review Committee (DRC). The Site Plan is attached for reference and additional exhibits will be provided in staff's presentation to Council. STREET NAMES PENDING: The developer and the Design Review Board are working on possible street names for the development. The desired street names identified thus far will likely require additional review and input from the City Council's Naming Board because of their historical reference CURRENT PLATTING: None of the 14.8677 acres is currently platted. A Preliminary Plat that included this phase was approved by the Planning & Zoning Commission on August 16, 2012. The Final 'Plat is consistent with the Preliminary Plat. CURRENT ZONING: "TC" Town Center. The "Tract 1" boundary includes areas within the "Neighborhood General" Subzone (along The Lakes), the "Neighborhood Center" Subzone and the "Neighborhood Core Subzone (along Parker Boulevard). Section 118 -472 of the Town Center Zoning District regulations regarding density restrictions entitles "Tract 1" to the following: A maximum of 600 apartment units and up to 60 flexible units with no more than a maximum of 630 total multi - family residential units allowed including flexible units, maximum of 30 townhouses allowed, single family detached required fronting the Lakes and allowed without limits in the General and Center subzones, no single family detached is allowed in the Core subzone. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for "Town Center" uses, which is a mix of higher - density and complementing uses planned under a Traditional Neighborhood Development model. THOROUGHFARE PLAN: This area's thoroughfares are governed by the Town Center Regulating Plan. The proposed Final Plat meets all the ROW widths and labels all the appropriate Town Center street types. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. WATER COURSE AGREEMENT ATTACHED: Staff has included a Water Course Maintenance Agreement to accompany the Final Plat. The purpose of the agreement is to dedicate drainage easements and allow the developer to construct and maintain an earthen water course to convey drainage from the subject site west to The Lakes as opposed to the otherwise - required concrete water course. The area of the drainage easement will eventually be developed with additional phases of HomeTown, at which time a more permanent drainage solution will be engineered. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their December 20, 2012 meeting and voted to recommend approval (5 -0). STAFF RECOMMENDATION: Approval of FP 2412 -08 and the associated Water Course Maintenance Agreement. LOCATION MAP n rn n r 0 TOWN ARCHITECT PRIVATE SITE PLAN APPROVAL LETTER Looney Racks Kiss 182 1*1ussau Street, Suite 302 Princeton, New Jersey 08542 Telephone 609 683 3600 Fax 609 683 0054 December 13. 2012 Q T� +7 To: Russ Krivor, Do'Ice Living FROM: Mike DiGeronimo, AICP, PP 03.11020.02 We have reviewed the revised site, landscape, and architectural drawings for the Dolce Living at Hometown, resubmitted on November 26, 2012, with sheet updates on December 7 and 12th, in accordance with design standards for Hometown. !Dolce Living at Hometown meets the standards of the HomeTown Commercial Core Design Guidelines. Please note that the drawings reviewed included both phases of site and landscape, but only Phase l of the buildings (Buildings 1 -4). Buildings n-9 have not been reviewed and will need to be submitted under a separate application when Phase 11 is planned to move forward. The buildings in Phase II will need to have some variety in massing and architectural elements and will need to address architecturally the special conditions of the Phase II portion of the site (comer conditions, view terminus locations, and the public spaces, among others). The Color Material Boards will be reviewed for approval under a separate application. Similarly a final sign -off of the landscape including the public square design, street furniture, other plantings, and landscape details should be part of a final landscape approval. These will be reviewed for consistency with the design standards for Hometown_ This approval will include the following items: + Final Exterior Colors and Materials Samples /mockups of select a rch i te ct u ra I details such as awning /canopies, columns, brackets, cornice trim. + Door and window hardware + Storefronts * Signage + Exterior lighting, especially the lighting of the tower element Memphis Pnnoeton Celebrafirn Brio Rouge • Final Landscape Plan and selected plantings and hardscapes • Street furniture — benchs, trash containers, street lights, etc, (likely to be standardized for all of HomeTown) As discussed, the City and Realty Capital will need to proceed with design, consf ruction and acceptance of Public Space #I (Stormy Plaza Park) prior to issuance of a Certificate of Occupancy for Dolce Living. Please feel free to co me if you should have any questions. Thank you, MD /md Cc; John Piietick, City aFN rth RicWand Hills The below HomeTown Commercial Core ArchifecturaJ Review Commiffee members concur with fhg above project approval issued by fhe Town Arch decf. William Gietema, Jr. Richard Meyers Mark Hindman Arcadia ReaIy Capital City of North Reolty /Founder Partners Richland Hills The scope of GRKinc. review of g plans has bvera and is Cfm&dto conplaczce with applicable aa-ruag regudatians aruSroraes#xt c prig oeg appf re�ble to the exterior appa- rarice afsarface see improver s andlor b iLdirg(s) ilfiztraeed in these plus. Te have ncr been reta ined or asked to review, nor have we revienVd tMse pkans arty prgfect that it dh(ztraces, in whale or era part. for comp l axz with crpphcaUe bugdM codes or my ot4zer laws, regz&tiora or req?, awpAo orfor sfncft zzi ardlor convtnsetaon desgn or girls. PROPOSED SITE PLAN (Street names shown are placeholders only) as SITE PLAN Af V t zz-:7-1 � 1-1 1 . rl gas I �77 Ur Al 44, sr to st ca F 7 i --------- --- - - - - - - - - - - - la �tl - T5, II ------ - --- - I ........ . . 44� FINIAL PLAT ep �Tnox,�t�L1r L.aaysl _ w•.�w.��°'.- S fi r, a �� a„ 'raw ".'�"�` � �.,...•.� e� ----------- T -"' +w. { - - — -- ga ' 1a's "w ems„'". w,.• ,nwu•� �: f -fir.. may 1 \ - - r 1 -' '7 I� ✓ �� "f F,�J ale - :� ! EE r I y LO T _+ 1Q�`'^C0 s 1 y►,p> __- -_ ww� aF V•u'rt ..- wt•saassal ��iw Gr�if ,e�, , � ' 1 I S NQ aAefealsLlAAaIeL •,ate. w r --_ ease w m.. - D O Lc i a11�iOWH - dL6l AYOfPW71 K PKASE i 1 w mis roam. nLT7 ACRES 1 w� o,m lu rwl,c ester w xee. •• Y° ea e. pnwn,r ar,r . r.mrr, u.11. a! i LANDON C. W-P SURVEY, ARMTUCT NO. 1E72 LANDON C. TAI.Y." RCRV[Y, A8nPU NO- 1e39 D EUL0 C. ..M" SLlIYLY, ABSTRACT NO. 0415 CITY OF NORTH R14I[LAND NILL4. TARRANT COUNTY, TEXAS Rfel slono�'� nw ae w.a ' scI n�wr [w+. •, >wu iwlars•iw pro ..rro,,•u,•w �Mn•x+ ,kr � �•�+�� CITY CAM NO. "2012 -01 EXCERPT FROM THE MINUTES OF THE DECEMBER 20, 2012 PLANNING AND ZONING COMMISSION MEETING FP 2012 -08 Consideration of a Request from HP Civil Engineering, LLC for a. Final Plat of Hown Town - Dolce Addition, Phase 1 on 14.86 acres located in the 6100 block of Parker Blvd. Jason P, HP Civil Engineering, 5339 Alpha Road, Dallas, came forward with a request of a Final Plat to the developed into 4 lot sizes and 2 public open spaces. The project is in the Home Town Center north of NRH2O. In the first phase of the project that central location is going to be developed into 159 multi- family units. In phase two there will be 157 units with public open spaces to include a dog park and park extension. We have worked diligently with Staff to get the correct numbers of easements and get them on the plat so adjacent property owners to acquire the property. John Pitstick came forward saying this is a Final Plat, the Preliminary Plat came forward previously. There is a lot of development activity of the east side of The Lakes at Home Town. The Enclave is under construction off Mid Cities and now Dolce Living Addition is coming with this Final Plat. We are still reviewing the final site plan and hope to have that prior to the City Council meeting. They have requested an early grading permit where all the dirt moving is occurring at the end of Stormy Plaza. The Conceptual Plan was approved a few months ago with a public square and open space. There are requirements in the court area to have retail on the first floor with multi- family on the upper floors. APPROVED Bill Schopper motioned to approve FP 2012 -08 as proposed. The motion was seconded by Mike Benton and passed unanimously (5 -0). WATER COURSE MAINTENANCE AGREEMENT KNOW At_ L MEN B Y THESE PRESEN TS THA T: WHEREAS, being a tract of land situated in the City of North Richland Hills, Tarrant County, Texas, part of the Landon C. Walker Survey, Abstract No. 1652, being part of a 28.5$6 acre tract of land conveyed to RCC Hometown Apartments, Ltd.. As recorded in County Clerk's File No. D207420504, Deed Records, Tarrant County, Texas, and being more particularly described in Exhibit "A" by metes and bounds, and; WHEREAS, as a condition to approval of the HOMETOWN -DOLCE ADDITION PHASE I, the City required construction of drainage facilities which shall be located across the center and northern portions of the property, legally described as being a tract of land situated in the City of North Richland Hills, Tarrant County, Texas, part of the Landon C. Walker Survey, Abstract No. 1652, being part of a 28.586 acre tract of land conveyed to RCC Hometown Apartments, Ltd.. As recorded in County Clerk's File No. D207420504, Deed Records, Tarrant County, Texas, and being more particularly described in Exhibits "A" "S ". "C" by metes and bounds, and; WHEREAS, the City is willing to permit the Owner to construct an earthen water course (hereinafter referred to as the "Water Course ") in accordance with the plans approved by the City, as apposed to a concrete Water Course provided that the Owner agrees to perpetually maintain such earthen Water Course, and shown on Exhibit "D" attached hereto. NOW THEREFORE, Owner agrees as follows: Owner shall construct, at its sole cost and expense, an earthen Water Course across the center of the property, as shown on Exhibit "D" hereto according to the plans approved by the City. Owner further agrees on behalf of itself, it's successors and assigns, including any homeowners associations created to carry out the Owner's obligations and those of the owners of other portions of the tract to maintain in such water course as hereinafter set forth in Paragraph 2 hereof, and to reimburse the City for the cost of maintenance should such be necessary as set forth in Paragraph 3 hereof. 2. Owner shall maintain the Water Course in a prudent manner to minimize soil erosion, loss of capacity due to sedimentation, and keep grass and vegetation mowed and maintained as follows: The Water Course area will be snowed at least once every other week during the growing season between March 15th and October Page 1 of 3 PW77WCMA (Revised 813CV2006) 1 5th. Any debris which deposits itself in the Water Course area will need to be picked up and removed once a week or after a storm event, whichever is more often. Any noticeable sediment accumulation in the water course area will be removed at least once annually and any vegetation disturbed during such maintenance activities must be reestablished to prevent further downstream sediment accumulation. The Public Works Director or his designee may grant exceptions to this maintenance schedule due to weather conditions, unusual situations or acts of God. 3. Should Owner fail to remedy any inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shalt not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by Owner upon written demand therefore. if Owner fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records. By acceptance of this agreement, the City agrees to execute a certificate (addressed to the party requesting same) within ten (10) days of written request therefore, stating whether or not any amounts are due and owing from Developer pursuant to this agreement. 4. The agreement made herein shall be binding upon the Owner, its successors and assigns and shall be a covenant running with the land. 5. This agreement for maintenance shall terminate only if the Water Course is constructed with concrete in accordance with plans approved by the City. By acceptance of this Agreement, the City agrees to execute a recordable termination of this Agreement upon the City's acceptance of a concrete Water Course in accordance with this paragraph. Executed this the ay of /Vow— 1P,r 20/1 . leY P i ed Name: t -4 Title; r.r . 1 e . PCXI Page 2 of 3 PW77WCMA (Revised 613012006) STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared fir( ,vxQ.G d,t-) YJ V(. PI, 9 "t known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of G'Vt M ( ,2a l2. r. (w Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Co-) c � � V CITY OF NORTH RICHLAND HILLS: M ATTEST: Oscar Trevino, Mayor Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney for the City APPROVED AS TO CONTENT: Mike Curtis, P.E., Public Works Director Page 3 of 3 PW77WCMA (Revised 813002006) WARUMMA LEGAL DESCRIPTION BEING a tract of land situated in the city & N Richland! Hills, Tarrant County, Texas, out of the Landon C. Walker Survey, Abstract No. 1852, being part of a 28.586 acre tract of land conveyed to RGC Hometown Apartments, Ltd. according to the deed recorded in Clerk's File Number D207420504, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2' iron rod with cap stamped 'JPH' found for the southwest corner of said 28.586 acre tract of land and the southeast corner of Lot 1, Block A, Hometown NRH Lakes Addition as recorded in Cabinet A, Slide 8333 Plat Records, Tarrant County, Texas and being in the north line of a tract of land conveyed to Texas Electric 'Service Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County, Texas;. THENCE, along the west lisle of said 28.586 acre tract and the east line of Sa id Lot 1, North 17 degrees 10 minutes 34 seconds East, a distance of 190.68 feet to the POINT OF BEGINNING; THENCE, continuing along the west line of said 28.586 acre tract and the east line of said Lot 1, North 17 degrees 10 minutes 34 seconds East, a distance of 5+6.69 feet to a point from which a 112" iron rod found bears North 17 degrees 10 minutes 34 seconds East, a distance of 228.42 feet; THENCE, departing the west line of said 28.586 acre tract and east line of said Lot 1, South 86 degrees 50 minutes 49 seconds East, a distance of 469.24 feet to the west line of a 13.3136 acre tract of land conveyed to Dolce Living Hometown LLC as recorded in County Clerk's File No. D212132147, Deed Records, Tarrant County, Texas; THENCE, along the west line of said 13.3136 acre tract, South 03 degrees 09 minutes 11 seconds West, a distance of 55.00 feet; THENCE, departing said west line, North 86 degrees 50 minutes 49 seconds west, a distance of 482.98 feet to the POINT OF BEGINNING and containing 26,196 square feet or 0.6011 acres of land more or less. LAStrMI:111 hM1011' 811 E. PianoPwkway . BART . 28.E ACRE TRACT p s T am, 117 (C.C.F. HC. 620T4208A4, D.R.T.C.T.) P!�,T■xwx7307a LANDON WALKER SURVEY, ABSTRACT NO. iB 2 p72142a -7002 Vot n CITY OF NORTH RICHLAND HILLS, TERMS (972) 633 -1702 F� Dater 08/27/2012 Project No. 1217907 ■ SHEET 7 OF 2 LEGEND 18"2' I.R.F.C. 112' IRON ROD FOUND WITH PLASTIC O w low CAP STAMPED 'JPH' fife" I.R.S. 518" IRON ROD SET WITH PLASTIC SALE: i' =1Q0` CAP STAMPED 'R.P.L.S. 5199' [ON] CONTROLLING MONUMENT BASIS OF BEARINGS C.C.F. NO. COUNTY CLERK'S FILE NUMBER NORTH LINE OF 28.588 ACRE TRACT DA.T.C.T. DEED RECORDS, TARRANT COUNTY, TX. S 813°50'49 "13 I.R.F. IRON ROD FOUND (C.C.F'. NO. D2074205K D.R.T.C.T.) P.R.r.C.r. PLAT RECORDS, TAFiRAP1r, COUNTY, TX. Pa. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF GOhMENCING VOL. VOLUME ! f I I I a ' 7z' f J I.R.F. ! E; REHAI� OF 678. F ! {` 28.588 ACRD 5 /E1' RS a { RCC HOMETOWN APARTIIEN I'S, LTD. Gi1 '� (C.C.F. NO. D807420504, D.R.T.C.T.) W t° f 20' EASEMENT TO � ' TEXAS MIDSTREAM GAS SERVICES w as D2 (C.0 F. NO. D21020873748,DD.R.T.C.T.) .� z Ma ❑ S 86'50'49" E 469.24' N 171('34" E GRADING & DRAINAGE EASEMEN J56.69' 28.1aO SQUARE FEET S 0309'11' W J 0.6011 ACRES -- 55.00' —r N - - - 49` W 484 -- — — — - P.06B. {{ 5 03'O9'51'O:OQ 10 8 JOO �2T24` E a I..s. I.R.S. c { 20.5' SANITARY SEWER EASEMENT (VOLUME 985+, PAGE 1841, D.R.T.C.T.) p � { ' 99B58, PAGE .395 C].R.r�C.r.) - - a - - - -- I — — — — — — — — — — �— N^ - - - -- (LINE OF D IRECTIONAL CONTROL} S 8950'49" E 539.22 - P.O.C. 1 72' LR.F.C. TEXAS ELEiCI'RIC SERVICE COMPANY (CM) (VOLUME 284-4, PAGE 281, D.R.T.C.T.) 15.71 ACRES CITY OF NORTH RICHI,AND EIA,IS (VOLUME 10980, PAGE 328, D.R.T.C.T.) IrA'�Pitrll hN l "H1011 sir E. Pleura Pwkv ay PART OF 2IL568 ACRE TRACT Suite 117 MC.F, NO.0207420504, D.R.T.C.T.) > Texts 75074 LANDON WALKER SURVEY, ABSTRACT NO. 1652 (9721424-7M Vom CITY OF NCI ITH RICHLAND HILLS6 TEXAS A (972)633- Date: 08,/27/201[2 Scale: 1'=101 Project No. 1217907 ' wwaurmycm ' ha tar a cL o SMWr 2 OF Z EXHIBIT "'B" LEGAL DESCRIPTION BEING a tract of land situated in the city of North Richland! Hills, Tarrant County, Texas, out of the Landon C. Walker Survey, Abstract No. 1652, being part of a 28.5861 acre tract of land conveyed to RGC Hometown Apartments, Ltd. according to the deed recorded in Clerk's File Number D207420504, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2' iron rod with cap stamped 'JPH' found for the southwest corner of said 28.586 acre tract of land and the southeast corner of Lot 1, Block A, Hometown NRH Lakes Addition as recorded in Cabinet A, Slide 8333 Plat Records, Tarrant County, Texas and being in the north line of a tract of land conveyed to Texas Electric 'Service Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County, Texas;. THENCE, along the west lisle of Said 28.586 acre tract and the east line of Said Lot 1, North 17 degrees 10 minutes 34 seconds East, a distance of 139.15 feet to the POINT OF BEGINNING; THENCE, continuing along the west line of said 28.586 acre tract and the east line of said Lot 1, North 17 degrees 10 minutes 34 seconds East, a distance of 51.54 feet; THENCE, departing the west line of said 28.586 acre tract and east line of said Lot 1, South 86 degrees 50 minutes 49 seconds East, a distance of 482.98 feet to the west line of a 13.3136 acre tract of land conveyed to Dolce Living Hometown LLC as recorded in County Clerk's File No. D212132147, Deed Records, Tarrant County, Texas; THENCE, along the west line of said 13.3136 acre tract, South 03 degrees 09 minutes 11 seconds West, a distance of 50.00 feet to a 518' iron rod set with plastic cap stamped "R.P L S. 5199 "; THENCE, departing said west line, North 86 degrees 50 minutes 49 seconds west, a distance of 495.47 feet to the POINT OF BEGINNING and containing 24,482 square feet or 0.5616 acres of land more or less. LAStrMI:111 hM1011' 811 E. PianoPwkway . BART OF 28.E ACRE TRACT p s T am, ,To (C.C.F. HC. 6207420304, D.R.T.C.T.) P!�,Tpxwx7307a LANDON WALKER SURVEY, ABSTRACT NO. iB Sx (9721420 -7002 Vot" CITY OF NORTH RICHLAND HILLS, TERMS (972) 633 -1702 F� Date: 09/14/2012 Project No. 1217907 SHEET 7 OF 2 LEGEND 112' I.R.F.C. 1J2' IRON ROD FOUND WITH PLASTIC O w Sow CAP STAMPED '.APH' fits" I.R.S. 6A8" IRON ROD SET WITH PLASTIC SALE: �'o�QQ` CAP STAMPED 'R.P.L,.S. 5199' (CIA) CONTROLLIING MONUMENT BASIS OF HEARINGS G.G.F. NO. COUNTY CLERK'S FILE NUMBER NORTH LINE OF 28.566 ACRE TRACT D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TX. S W50'4rR I.R.F. IRON ROD FOUND (C.C.F'. NO. D2074205K D.R.T.C.T.) P.R.r.C.r. PLAT RECORDS, TARRANT, COUNTY, TX. PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMENCING VOL. VOLUME ! f I I I a in . I.R.F. 4 5 I O REMA a IND F' :�S, o~ I 28.588 ACRD spa u W f RCC HOMETOWN APARTMENTS, LTD. IALS f (C.C.F. NO. D207420504, D.R.T.C.T.) ti I .R.S. �20' EASEMENT TO iC I TEXAS MIDSTREAM GAS SERVICES C I I (C.C.F. NO. 0209043658. D.R.T.C.T.) (C.C.F. NO. 02102673743, D.R.T.C.T.) I pa 1 v� 1 Y S d6'5U+9" E 482.98` 5 O3'i78'11' W N J-q — DRAINAGE, WATER & 5000, I A . SEWER EASEMENT S 80 7`24' E 2440 24,482 SQUARE FEET —ii 6J6" 0.10' — 1L - - - - -- N E ERY W 495.47 � v �r 20.5' SANITARY SEWER EASEMENT GIG (VOLUME 9854, PAGE 1841, D.R.T.C.T.) p — — — — — — — — — — — — (VOLUME 5EI58, PAGE .395= D.R.r�C.r.) q 2 I - - - -- �— N - - - - -- (LINE OF D IRECTIONAL CONTROL) P.O.C. S 86'5049 E 53922` TE LA.R ELECTRIC SERVICE COMPANY ( ) (VOLUME 2844, PAGE 281, D.R.T.C.T.) 15.71 ACRES CITY OF NORTH RICHI,AND EIA,IS (VOLUME 10980, PAGE 328, D.R.T.C.T.) bA!SkMkN l bXH1011 sir E.PleunPwkvay PART OF 58.586 ACRE TRACT Suite 117 MC.€, NO. D2074203O4, D.R.T.C.T.) Plw%Texea LANDON WALKED SURVEY, ABSTRACT NO. 1652 (9721424-7M Vom CITY OF NORTH RICHLAND BILLS, TEXAS {972'1633 - 1702 F� Date: D9,/14/2012 Scala 1'm10D' Project No. 1217907 ' wwa urmy c m ' $mwr 2 OP Z EXHIBIT "C" LEGAL DESCRIPTION BEING a tract of land situated in the city of North Richland! Hills, Tarrant County, Texas, out of the Landon C. Walker Survey, Abstract No. 1652, being part of a 28.5861 acre tract of land conveyed to RGC Hometown Apartments, Ltd. according to the deed recorded in Clerk's File Number D207420504, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2' iron rod with cap stamped 'JPH' found for the southwest corner of said 28.586 acre tract of land and the southeast corner of Lot 1, Block A, Hometown NRH Lakes Addition as recorded in Cabinet A, Slide 8333 Plat Records, Tarrant County, Texas and being in the north line of a tract of land conveyed to Texas Electric 'Service Company as recorded in Volume 2844, Page 281, Deed Records, Tarrant County, Texas;. THENCE, along the west lisle of Said 28.586 acre tract and the east line of Said Lot 1, North 17 degrees 10 minutes 34 seconds East, a distance of 92.76 feet to the POINT OF BEGINNING; THENCE, continuing along the west line of said 28.586 acre tract and the east line of said Lot 1, North 17 degrees 10 minutes 34 seconds East, a distance of 46.38 feet; THENCE, departing the west line of said 28.586 acre tract and east line of said Lot 1, South 86 degrees 50 minutes 49 seconds East, a distance of 495.47 feet to a 5/8" iron rod set with plastic cap stamped "R.P.L.S. 5199 ", being in the west line of a 13.3136 acre tract of land conveyed to Dolce Living Hometown LLC as recorded in County Clerk's Fine No. D212132147, Deed Records, Tarrant County, Texas; THENCE, along the west line of said 13.3136 acre tract, South SD degrees 27 minutes 24 seconds East, a distance of 10.10 feet to a 518' iron rod set with plastic cap stamped "R.P.L.S. 5199'; THENCE, continuing along said west line, South 03 degrees 09 minutes 11 seconds West, a distance of 43.86 feet to a 518" iron rod set with plastic cap stamped 'R.P.L.S. 5199'; THENCE, departing said west line, North 86 degrees 50 minutes 49 seconds West, a distance of 516.74 feet to the POINT OF BEGINNING and containing 22,995 square feet or 0.5279 acres of land more or less. LAStrMI:111 hM1011' 811 E. PianoPwkway . BART OF 28.E ACRE TRACT p s T am, 117 (C.C.F. HC. 6207420304, D.R.T.C.T.) P!�,T■xwx7307a LANDON WALKER SURVEY, ABSTRACT NO. iB 2 p72142a -7002 Vot n CITY OF NORTH RICHLAND HILLS, TERMS (972) 633 -1702 F� Dater 08/27/2012 Project No. 1217907 ■ SHEET 7 OF 2 15.71 ACRES CITY OF NORTH RICHI,AND EllaS (VOLUME 10980, PAGE 328, D.R.T.C.T.) IrA'�PitrMhN I "H1011 sir E.PleunPwkvay PART OF 28.586 ACRE TRACT Suite 117 MC.F. NO.0207420504, D.R.T.C.T.) Texea LANDON WALKER SURVEY, ABSTRACT NO. 1653 (9721424-7M Vom CITY OF NCI ITH RIICHLAND HILLS, TEXAS A (972'I633-IV2F� Date: 019/27/20t2 Scale: 1'=101 Project No. 1217907 ' wwaurmycm ' ha tar " SMWr 2 OF Z LEGEND 112' I.R.F.C. 1J2' IRON ROD FOUND WITH PLASTIC O w 1w CAP STAMPED '.1PH' fits" I.R.S. 618" IRON ROD SET WITH PLASTIC SCALE: �'o�QQ` CAP STAMPED 'R.P.L,.S. 5199' (CM) CONTROLLIING MONUMENT BASIS OF HEARINGS G.G.F. NO. COUNTY CLERK'S FILE NUMBER NORTH LINE OF 26.566 ACHE TRACT D.R.T.C.T. DEED RECORDS, TARRANT COUNTY, TX. S W50'4rR I.R.F. IRON ROD FOUND (C.C.F'. NO. D2074205K D.R.T.C.T.) P.R.T.C.T. PLAT RECORDS, TARRANT, COUNTY, TX. PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMENCING VOL. ! f VOLUME I I I in. a I.R.F. y C REHAI� OF t1 I 28.588 ACR a I .�S, o~ u W RCC HOMETOWN APARTMER I'S, LTD. IALS f (C.C.F. NO. D807420504, D.R.T.C.T.) f ! a eT j R.S. ea �20' EASEMENT TO pcI I TEXAS MIDSTREAM GAS SERVICES C (C.C.F. NO. 0209043658. D.R.T.C.T.) I (C.C.F. NO. 02102673743, D.R.T.C.T.) pa v r ALs 1� Y 1 I S 80'27'24" E I 6/B 0.1 D' S 66'50'49 E 1 95.47 1, S N 17'10'34' E __ -- 7 ---- _--- _ GRADING & DRAINAGE EASE9MEN - -' - -- s 46.38' 2 I 2,995 S®UARE FEET 0.5279 ACRES O_3_C�9 "11 " W - - - -- ------ rr---- r------ — N 66 "50 49 W S1 fi.74 - - - - -- 343. P 0 B_ 20.5' SANITARY SEWER EASEMENT 79 (VQLUMF 5864, RAGE 1841 D_R.- N 17')0'34" E T C '6 P 92,.76 (VOLUME 9858. PAGE 395, O.R.T.CT.)� = -) � —_ - - -- -- - - - -- — — — — — — - - - -- {LINE OF D IRECTIONAL C -- - l I _ P-0-Im— S 8650'49" E 339.22 — (C.NL) 11r IATX. TE}fA.R ELECTRIC SERVICE COMPANY (CM) (VOLUME 2844, PACE 281, D.R.T.C.T.) 15.71 ACRES CITY OF NORTH RICHI,AND EllaS (VOLUME 10980, PAGE 328, D.R.T.C.T.) IrA'�PitrMhN I "H1011 sir E.PleunPwkvay PART OF 28.586 ACRE TRACT Suite 117 MC.F. NO.0207420504, D.R.T.C.T.) Texea LANDON WALKER SURVEY, ABSTRACT NO. 1653 (9721424-7M Vom CITY OF NCI ITH RIICHLAND HILLS, TEXAS A (972'I633-IV2F� Date: 019/27/20t2 Scale: 1'=101 Project No. 1217907 ' wwaurmycm ' ha tar " SMWr 2 OF Z MATCHUNE s f r r r ! 1 9•fi..' f R da s 0�0 Laxeg6Et d2.C'?, p r areas Sul t:9=M1 W02'54 _ Y � • - r r I 4 4 mr - ' fl I I ! 9lP FhSFYFNT i[I iFxnsyPkm r,md,ceF #jtrnc r +O.RT.�;. • + ^ r - � - a�+ [C-C F- Hr9. many ] seer. ,'o. r 7l'A.d' s'N`,�,.�.� , p i r p r I r r 1 ++ I I I ! r l! I f 1 7 1 r l J r J� 7 f yy +l f + f 1 If d !1 ! 1 p ! f ! I f ] J ` 1' 1 f 1 r + d 1' FrJ + ! ! 1 1 ei f prl l rrlr + rr f+ --------- d p--------------- - - - -- L - r >• -- w o � r I f f 1 r � ff 1 I ! ! f r Ifl .'� , ! l SS' aRAGIXC t ""R" 7 c 7 1 f r IV r � i •� f• t s + � +, LLJ J I! ���. rr 1 i 7 � IRNNREE Qfr II Y � + � J r ------------— _ .— *.---- - - f r r • 1 1 r r - - - -� �` 7 r r -- ------------- - - - --- _ _ — -------------------- _ dH -T- i 6 f17i18 M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. E.0 PUBLIC WORKS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. E.1 PW 2013 -002 Recommend Award of Bid for the 38th Year Community Development Block Grant Project: Dude Court & Jennings Drive Galvanized Water Main Replacement to Saber Development Corporation in the amount of $138,500.00 - Resolution No. 2013 -002 Presenter: Gregory Van Nieuwenhuize, City Engineer Summarv: The City Council is being asked to recommend an award of a construction contract to Tarrant County for the CIP Project identified as "Dude Court & Jennings Drive Galvanized Water Main Replacement Project [CDBG]" in the Capital Projects Budget (Project No: CDBG13). General Descrirstion: The Dude Court & Jennings Drive Galvanized Water Main Replacement Project [CDBG] Project (the "Project ") is the City's 38 Year Community Development Block Grant (CDBG) project. The Project was initially submitted to Tarrant County after the City Council approved Resolution No. 2012 -005 on February 27, 20112 as part of the City's 38 Year CDBG Program. The Project includes the design and replacement of existing galvanized water mains with PVC (polyvinyl chloride) water mains in the 8300 block of Dude Court and the 5100 block of Jennings Drive. Approximately 1,400 linear feet of two -inch (2 ") diameter water main will be replaced with six -inch (6 ") diameter water main. This portion of water main was proposed as the City's 38 Year CDBG Project because the main is deteriorating which requires regular maintenance and the size and pipe material no longer meets the City's minimum criteria. Although the City of North Richland Hills is an entitlement city and therefore receives CDBG funds directly, the City has contracted with Tarrant County's CDBG Department to administer the City's CDBG funds. Essentially, the City determines the projects and Tarrant County administers the projects. However, the City reviews all bids and consultant contracts and makes recommendations to Tarrant County for approval. Tarrant County therefore awards both the design consultant and construction contracts. Tarrant County's administration of the City's CDBG Projects does not include construction inspection; the City will provide these services. Tarrant County staff reviewed and approved the Project's contract documents prior to bidding and scheduled a Bid Opening for December 12, 2012. Bids were received by Tarrant County at their offices on this date. Eight (8) contractors submitted bids; these bids are summarized in the table below: Total Name of Contractor Amount Bid Saber Development Corporation $ 138,500.00 Tejas Commercial Construction $ 181,009.00 Bristow Contracting $ 187,061.00 Utilitex Construction $ 196,317.00 2 L Construction $ 221,067.00 Gra -Tex Utilities $ 221,492.00 Jeske Construction Company $ 223,064.00 R & D Burns Brothers, Inc. $ 235,600.00 Sufficient CDBG funds are available from Tarrant County for this project. Upon the Council's approval of the proceeding resolution, this item will be scheduled for award on an upcoming Tarrant County Commissioners Court agenda. Consequently, it is not anticipated that contracts and bonding will be executed until late February or mid - March. As such, construction is anticipated to begin in late March or mid- April. Contract time for this project is 60 calendar days to substantial completion. Recommendation: Approve Resolution No. 2013 -002. Dude Ct & Jennings Dr Galvanized 'Water Main Replacement (CDBG) N Ll° _ F NORTH RICHLAND HILLS Project Locator Map z 0 lk r !JDIATRL =4:15310] 2019:elt' rq r �EMERAL -0-CIR___J N RH RESOLUTION NO. 2013 -002 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID OF THE 38 YEAR CDBG PROJECT FOR THE REPLACEMENT OF WATER MAINS WITHIN DUDE COURT RIGHT -OF- WAY AND JENNINGS DRIVE RIGHT -OF -WAY WITHIN THE CITY OF NORTH RICHLAND HILLS. WHEREAS, by Resolution 2012 -005 passed February 27, 2012, the City Council approved the Dude Court & Jennings Drive Galvanized Water Main Replacement Project as a part of the 38 Year Community Development Block Grant program; and, WHEREAS, the Dude Court & Jennings Drive Galvanized Water Main Replacement Project (the "Project ") was bid by Tarrant County; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to Saber Development Corporation; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the City of North Richland Hills hereby recommends for Tarrant County to award the contract for the Dude Court & Jennings Drive Galvanized Water Main Replacement Project to Saber Development Corporation in the bid amount of $138,500.00. AND IT IS SO RESOLVED. PASSED AND APPROVED on this the 14th day of January, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor Patricia Hutson, City Secretary ►_1 :Jl,:Z+] ►1=I Dl 1:111911;191 N r51 :1► I bl I XH_I41 wii George A. Staples, City Attorney APPROVED AS TO CONTENT: Mike Curtis, P.E., Managing Director M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. F.1 GN 2013 -003 Consider a Resolution declaring the City's Support of and Consent to the Creation of the Cotton Belt Commuter Rail Improvement 'District - Resolution No, 2013 -001 Presenter: Mark Hindman, City Manager Summarv: The resolution is currently being reviewed by the City Attorney. A cover sheet and resolution will be forwarded to City Council by the end of the day on Friday, ,January 11. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 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: 1 -14 -2013 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject: Agenda Item No. H.1 Announcements - Councilman Barth Announcements City Hall and other non - emergency city offices will be closed on Monday, January 21st. The NRH Public Library and Senior Center will also be closed. Garbage and recycling will be collected as normally scheduled. The North Richland Hills Police Department is hosting a Senior Anti -Fraud Education Program on Tuesday, January 22nd at Gateway Church. Registration will begin at 8 a.m. and the program will follow from 8:30 a.m. to Noon. Space is limited. Participants may register in advance by calling 817 -618- 3759. NRH20 is hosting the annual Polar Plunge on Saturday, January 26th benefiting the Special Olympics. Registration will begin at 8:30 a.m. and the event will start at 10:00 a.m. For more information, visit specialolympicstexas.org or call 214 - 943 -9981. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize. Alexander James from the Police Department — A resident recently submitted a letter to the newspaper thanking Officer James for installing a battery in his wife's car after she got stranded in a parking lot. The resident said he is no longer able to change the battery himself because of a disability and he was grateful that someone cared enough to help. "Officer James is a true public servant," he stated. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -14 -2013 Subject Agenda Item No. H.2 Adjournment