The URL can be used to link to this page

Home My WebLink AboutCC 2013-08-12 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, August 12, 2013 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Animal Shelter Update and Fundraising Overview (15 Minutes) A.2 Smoking Ordinance Revisions (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to consider acquisition of a 0.212 acre tract of land (approximately 9,219 square feet) located at the southwest corner of Boulevard 26 and Road to the Mall 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 August 9, 2013 at %t� a.m. As i an 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 —August 12, 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, August 12, 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 Pro Tern Rodriguez A.1 Invocation - Councilwoman Wright Oujesky A.2 Pledge - Councilwoman Wright Oujesky A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from 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 —August 12, 2013 Page 2 of 4 r B.1 Approval of Minutes of July 22, 2013 City Council Meeting B.2 Consider an Ordinance Amending Section 10 -153 of the Code of Ordinances, the Definition Section of the Ordinance regulating Sexually Oriented Businesses - Ordinance No. 3261 C.0 PUBLIC HEARINGS C.1 SUP 2013 -04 Public Hearing and Consideration of a Request from Chesapeake Energy for a revised Special Use Permit to add additional landscaping at the TCCD South Gas Well Pad Site located at 828 W. Harwood Rd. - Ordinance No. 3259 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -09 Consideration of a Request from Winkelmann & Associates, Inc. for a Final Plat of North Tarrant Marketplace, 11 lots on 26.94 acres at the southwest corner of North Tarrant Parkway and Precinct Line Road. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 Setting the Date for the Public Hearing for the FY 2013/2014 City Budget, FY 2012/2013 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District F.2 Conduct a Vote on Placing the Tax Rate Adoption on the Agenda of the September 9, 2013 City Council Meeting F.3 Amending Section 106 -13 of the North Richland Hills Code of Ordinances to Conform City Sign Regulations to State Law - Ordinance No. 3260 F.4 Selective Traffic Enforcement Program FY 2014 Grant - Resolution No. 2013 -014 F.5 Consider Ordinance Amending Section 98 -142 of the North Richland Hills Code of Ordnances Adopting an Additional Amendment to the 2006 Residential Code - Ordinance No. 3262 F.6 Consider Appointments to the Economic Development Advisory Committee F.7 Appointments to Red Light Camera Advisory Committee G.0 EXECUTIVE SESSION ITEMS City Council Agenda — August 12, 2013 Page 3 of 4 G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 12, 2013 at tC$. a. m. A s sta t 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 —August 12. 2013 Page 4 of 4 CITY OF NORTH RICHLAND HELLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 12, 2013 5:30 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Animal Shelter Update and Fundraising Overview (15 Minutes) A.2 Smoking Ordinance Revisions (20 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to consider acquisition of a 0.212 acre tract of land (approximately 0,219 square feet) located at the southwest corner of Boulevard 26 and Road to the Mall 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 August 9, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 12, 2013 7:04 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a. m. the day of every regularly scheduled Council meeting. ---------------------------------------------------------------------------------------------------------------------- - - - - -- A.0 Call to Order - Mayor Pro Tern Rodriguez. A.1 Invocation - Councilwoman Wright Oujesky A.2 Pledge - Councilwoman Wright Oujesky A.3 Special Presentation(s) and Recognition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open (Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 22, 20113 City Council Meeting B.2 Consider an Ordinance Amending Section 10 -153 of the Code of Ordinances, the Definition Section of the Ordinance regulating Sexually Oriented Businesses - Ordinance No. 3261 C.0 PUBLIC HEARINGS C.1 SUP 2013 -014 Public Hearing and Consideration of a Request from Chesapeake Energy for a revised Special Use Permit to add additional landscaping at the TCCD South Gas Well Pad Site located at 828 W. Harwood Rd. - Ordinance No. 3259 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 20113 -09 Consideration of a Request from Winkelmann & Associates, Inc. for a Final Plat of North Tarrant Marketplace, 11 lots on 26.94 acres at the southwest corner of North Tarrant Parkway and Precinct Line Road. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 Setting the Date for the Public Hearing for the FY 201312014 City Budget, FY 20112120113 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District F.2 Conduct a Vote on Placing the Tax Rate Adoption on the Agenda of the September 9, 20113 City Council Meeting F.3 Amending Section 135 -13 of the North Richland Hills Code of Ordinances to Conform City Sign Regulations to State Law - Ordinance No. 3283 F.4 Selective Traffic Enforcement Program FY 20114 Grant - Resolution No. 2013 -014 F.5 Consider Ordinance Amending Section 98 -142 of the North Richland Hills Code of Ordnances Adopting an Additional Amendment to the 2006 Residential Code - Ordinance No. 3262 F.6 Consider Appointments to the Economic Development Advisory Committee F.7 Appointments to Red Light Camera Advisory Committee G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnage H.2 Adjournment All items on the agenda are for discussion and/or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 12, 2013. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State 'Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 12, 2013 5:30 P.M. A.0 Discuss Items from Regular Citv Council Meeting A.1 Animal Shelter Update and Fundraisina Overview (15 Minutes) A.2 Smoking Ordinance Revisions (20 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 consider acquisition of a 0.212 acre tract of land (approximately 9,219 sauare feet) located at the southwest corner of Boulevard 26 and Road to the Mall C.0 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. A.a Discuss Items from Regular City Council Meeting M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. A.1 Animal Shelter Update and Fundraising Overview ( 15 Minutes) Presenter: Jo Ann Stout, Director of Neighborhood Services Summarv: Staff has worked diligently with Quorum Architects in finalizing the construction drawings for the new animal shelter. Quorum will update you on where we are in the process and take you through the design of the new shelter. In addition, staff will review with you plans for the upcoming fundraising campaign. General Description: In October 2012, the City Council authorized a contract with Quorum Architects for the design and implementation of a new animal shelter. Staff has been working with Quorum to design a modern 10,000 square foot facility that will meet current and future needs of the community. The shelter's design will create a healthier and friendlier environment and will improve operational efficiency. A representative from Quorum Architects will provide an update on the project and review the facility design with the City Council. As the design phase of the project is wrapping up, staff is also preparing to begin a campaign to raise funds to help pay for construction of the shelter. We are in need of raising $1.2 million. The fundraising will begin with a "quiet phase" where we solicit individuals, groups and corporations for monetary donations. Information from individuals involved in fund raising efforts indicates that large donors prefer to be , 'asked" first before advertising to the community. Fallowing the quiet phase, we will advertise several opportunities for the public to participate in the shelter fundraising campaign. Staff will review the planned fundraising efforts with the City Council. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. A.2 Smoking Ordinance Revisions (20 Minutes) Presenter: John Pitstick, Director of Planning & Development Summarv: Staff will review with the City Council proposed changes to the smoking ordinance to bring North Richland Hills in line with other area cities as a response to public sentiment. General Descriration: A stakeholder meeting has been held with restaurant, bar and smoking establishments. A consensus of opinion from business establishments is to have a consistent and level playing field regarding local and area smoking regulations. Business owners were generally supportive of removing smoking from indoor restaurants, but requested exemptions for allowing smoking in specific adult centered establishments or outdoor smoking in designated areas. Staff will review proposed changes to the smoking ordinance with the City Council. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -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 RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.072 Texas Government Code to consider acquisition of a 0.212 acre tract of land (approximately 9,219 square feet) located at the southwest corner of Boulevard 26 and Road to the Mall M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -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, August 12, 2013 7:00 P.M. A.0 Calf to Order - Mavor Pro Tem Rodriauez A.1 Invocation - Councilwoman Wriaht Ouieskv A.2 Pledae - Councilwoman Wriaht Ouieskv A.3 Special Presentation(s) and Recoanition(s) No items for this category. A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from the Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 22. 2013 Citv Council Meetina B.2 Consider an Ordinance Amendina Section 10 -153 of the Code of Ordinances, the Definition Section of the Ordinance reaulatina Sexuallv Oriented Businesses - Ordinance No. 3201 C KIM 1lJ:11[dl:l�_1V1►[e 6 9 C.1 SUP 2013 -04 Public Hearina and Consideration of a Reauest from Chesapeake Enerav for a revised Special Use Permit to add additional landscaping at the TCCD South Gas Well Pad Site located at 828 W. Harwood Rd. - Ordinance No. 3259 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -09 Consideration of a Reauest from Winkelmann & Associates, Inc. for a Final Plat of North Tarrant Marketplace, 11 lots on 26.94 acres at the southwest corner of North Tarrant Parkwav and Precinct Line Road. E.0 PUBLIC WORDS No items for this category. zl�e]21 ►121 C7,:1011 :1 & F.1 Settina the Date for the Public Hearina for the FY 2013/2014 Citv Budaet, FY 2012/2013 Revised Citv Budqet, proposed proiects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District F.2 Conduct a Vote on Placinq the Tax Rate Adoption on the Agenda of the September 9, 2013 Citv Council Meetina F.3 Amendina Section 106 -13 of the North Richland Hills Code of Ordinances to Conform Citv Sign Regulations to State Law - Ordinance No. 3260 F.4 Selective Traffic Enforcement Proaram FY 2014 Grant - Resolution No. 2013 -014 F.5 Consider Ordinance Amendinq Section 98 -142 of the North Richland Hills Code of Ordnances Adoptioa an Additional Amendment to the 2006 Residential Code - Ordinance No. 3262 F.6 Consider Appointments to the Economic Development Advisory Committee F.7 Appointments to Red Liaht Camera Advisory Committee G.0 EXECUTIVE SESSION ITEMS G.1 Action on Anv Item Discussed in Executive Session Listed on Work Session Aaenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Turnaae H.2 Adiournment M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. A.D Call to Order - Mayor Pro Tern Rodriguez M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. A.1 Invocation - Councilwoman Wright Oujesky M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. A.2 Fledge - Councilwoman Wright Oujesky M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) No items for this category. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -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: 8 -12 -2013 Subject Agenda Item No. A.5 Removal of Item (s) from the Consent Agenda M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. B.a CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. B.1 Approval of Minutes of July 22, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the July 22, 2013 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 — JULY 22, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 22 day of July 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Mayor Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 5 Council, Place B Council, Place 7 Staff Members: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Monica Solko George Staples Mary Peters Kristin James John Pitstick Larry Koonce Jimmy Cates Boe Blankenship Alan Knapp Jason Moore Greg VanNieuwenhuize Craig Hulse Dave Pendley Kirk Marcum Stan Tinney Andy Kancel Clayton Comstock Absent: Tito Rodriguez City Manager Assistant City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Assistant City Secretary City Attorney Public Information Officer Assistant to City Manager Director of Planning & Development Finance Director Public Works Operations Manager Street Superintendent Public Works Inspector Sr. Management Asst. Development Svs. Engineer Economic Development Director Building Official Assistant Fire Chief Fire Chief Assistant Police Chief Senior Planner Mayor Pro Tern, Council, Place 1 Call to Order Mayor Trevino called the work session to order at 6 p.m. A.0 Discuss Items from Reqular Citv Council Meetinq There were no questions from Council on the regular agenda items. A.1 Code Red Weather warnings uparade presentation (1 0 Minutes) Stan Tinney, Fire Chief, updated Council on the Code Red Weather Warning upgrade. Emergency mass notification is performed with the Code Red notification system. The system can make calls to hard -wire telephones within the designated area and send email, text or cellular voice messages to subscribers. NRH recently upgraded the system to include automatic weather warnings to subscribers. NRH will be sending out information reminding citizens to go to the www.nrhtx.com /CodeRed web page and sign up for this service. The website allows users to select the types of notices they would like to subscribe to. Code Red will assist with notifying current subscribers of the new service and NRH will conduct a campaign advising previous and new subscribers of the new features in the coming weeks. A.2 Art in Public Spaces Signal Art Program Update Vickie Loftice, Managing Director, updated Council on the Public Spaces Signal Art Program. The Signal Art Program was implemented in 2007 to enhance the City's Art in Public Spaces Program. Many of the boxes have been in place for several years and are in need of replacement. Staff is recommending a regular replacement schedule of every 18 -24 months to keep the program fresh and interesting. The program works with local artists to design original artwork for traffic signal boxes located throughout the City. Selected artwork will be site appropriate, improve the physical landscape, contribute to neighborhood and City identity and provide a "walls free" art gallery that contributes to the overall sense of place in North Richland Hills. For this first round of replacement boxes staff is recommending a theme of "Hollywood Film Cowboys" for several of the boxes. The theme will provide continuity of artwork and entice our residents and visitors to discover the next cowboy as they make their way through our city. The images will include variations on the Hollywood portrayal of the hero cowboy from John Wayne, to Clint Eastwood, Paul Newman and Yul Brynner, each representing a protector of community and family. The "Hollywood Film Cowboy" artist is Cultural Arts Coordinator, Sarah Green. Other signal art boxes will remain site specific such as the Richland Rebels and Birdville Hawks boxes. After a brief discussion and questions by the Council, the consensus was to move forward with the changes and to include the box on Davis and Harwood next to Nikki's Italian Restaurant. B.0 EXECUTIVE SESSION - The Citv Council may enter into closed Executive Session to discuss the followina as authorized by Chapter 551. Texas Government Code B.1 EXECUTIVE SESSION - Pursuant to Section 551.087 Texas Government Code Reaardina Economic Development Incentive in Southern Sector of Citv Mayor Trevino announced at 6:23 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.087 to discuss Economic Development Incentive in the southern sector of the City. C.0 Adjournment Mayor Trevino announced at 6:50 p.m. that the Council would adjourn to the regular Council meeting. N =141'1A_1Z010111rIN10�JI=1 =1II►CL9 A.0 CALL TO ORDER Mayor Trevino called the meeting to order July 22, 2013 at 7:00 p.m. I Zia] I W91-1 I I Present: Oscar Trevino Rita Wright Oujesky Tom Lombard Tim Barth David Whitson Scott Turnage Tim Welch Staff: Mark Hindman Jared Miller Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson Mayor Council, Place 2 Council, Place 3 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 Monica Solko Assistant City Secretary George Staples City Attorney Absent: Tito Rodriguez Mayor 'Pro Tem, Council, Place 1 A.1 INVOCATION Councilman Barth gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Barth led the pledge of allegiance. A.3 SPECIAL PRESENTATION AND RECOGNITION(S) No items for this category. AA CITIZENS PRESENTATION None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA None. 13.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED 13.1 APPROVAL OF (MINUTES OF JULY 8, 2013 CITY COUNCIL WORK SESSION B.2 AWARD OF RFB NO. 13 -025 TO M -CO. CONSTRUCTION INC., IN THE AMOUNT OF $97,680 FOR THE INSTALLATION /REPLACEMENT OF TRANSMISSION WATER LINE VALVE PROJECT UT1310 COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS No items for this category. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -02 CONSIDERATION OF A REQUEST FROM J&J NRH 100, FLP FOR A FINAL PLAT OF SADDLEBROOK ESTATES (FORMERLY KNOWN AS FOREST GLENN EAST PHASE 1), 30 RESIDENTIAL LOTS AND 5 OPEN SPACE LOTS ON 11.337 ACRES IN THE 8600 BLOCK OF NORTH TARRANT PARKWAY APPROVED Mayor Trevino called on the applicant to come forward and present the item. Dustin Austin, 700 W. Harwood, Hurst, came forward. This request is for a final plat for Saddlebrook Estates, consisting of 30 residential lots located off of North Tarrant Parkway formerly known as the Old Riding Club. He was available to answer any questions. Clayton Comstock, Senior Planner, summarized the item. J &J NRH 100, FLP is requesting approval of a Final Plat for Saddlebrook Estates, thirty (30) "R -2" single family residential lots and five open space lots on 11.337 acres in the 5000 block of North Tarrant Parkway, immediately west of the retail shopping center in which Ross Dress for Less is located. The Planning & Zoning Commission recommends approval of FP 2013 -02. COUNCILMAN WELCH MOVED To APPROVE FP 2013 -02. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.2 FP 2013 -08 CONSIDERATION OF A REQUEST FROM MILLER SURVEYING, INC. FOR A FINAL PLAT OF LOT 2, BLOCK 1, DOWDY ADDITION ON 1.1986 ACRES CURRENTLY DESCRIBED AS TRACT 2G2 IN THE MAHALY LYNCH SURVEY, ABSTRACT NO. 953 AND BEING LOCATED AT 6533 HARMONSON ROAD AND APPROVING A DEVELOPER AGREEMENT AS IT PERTAINS TO THE ROUGH PROPORTIONALITY DETERMINATION APPROVED Mayor Trevino called on the applicant to come forward and present the item. Jason Rawling with Miller Surveying, Inc., 4030 Mid - Cities Boulevard, came forward. The request is a replat for a 1.2 acre tract of land in order to build a single family dwelling. Mr. Rawling was available to answer any questions. Clayton Comstock, Senior Planner, summarized the item. On behalf of Charles Prichard, Miller Surveying, Inc. is requesting approval of a Final Plat for one single family residential lot on a vacant 1.2 -acre parcel located at 6533 Harmonson Road for the purpose of constructing a new home. A developer agreement is also being requested to obligate the Developer to pay the City's cost of constructing sidewalks ($1,320) and to acknowledge that this cost is roughly proportionate to the development of the property. This agreement also states that the Developer will execute a Deed of Trust which will secure the $1,320 against the property. However, the City has to construct the sidewalks within 15 years or the agreement terminates. The Planning & Zoning Commission recommended approval of FP 2013 -08. COUNCILMAN WHITSON MOVED TD APPROVE FP 2013 -08. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. E.0 PUBLIC WORKS E.1 AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH THE RJN GROUP INC., IN THE AMOUNT NOT TO EXCEED $155,480 FOR UTILITY CAPITAL PROJECT UT1307 APPROVED Jimmy Cates, Public Works Operations Manager, summarized the item. The City Council is being asked to allow the City Manager to execute a professional service agreement with the RJN Group, Inc., for the CIP Project identified as "UT1307- Sanitary Sewer System Rehabilitation of Main Lines Phase II" in the Utility Capital Projects Budget. The Phase II Project will continue the replacement of approximately 9,600 linear feet of segment sanitary sewer main lines in the portion of the city located south of Northeast Loop 820. The improvements will help to continue the sanitary sewer system upgrades and maintenance that are needed for the older utility lines in the city. The estimated cost for the Phase 11 improvements is $1.2 million. Staff recommends approve of a professional service agreement with RJN Group, Inc. in the amount not to exceed $155,480 for Utility Capital Project UT 1307. COUNCILMAN WELCH MOVED TO APPROVE THE PROFESSIONAL AGREEMENT WITH RJIN GROUP INC. IN THE AMOUNT NOT TO EXCEED $155,480 FOR UTILITIES CAPITAL PROJECT UT 1307. COUNCILMAN LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.0 GENERAL ITEMS F.1 PURCHASE AUTHORIZATION FOR P25 INTEROPERABILITY EXPENSES THROUGH THE TARRANT COUNTY 9 -1 -1 DISTRICT FY 2013 P25 RADIO ASSISTANCE PROGRAM APPROVED Andy Kancel, Assistant Police Chief, summarized the item. The Tarrant County 9 -1 -1 District (District) has announced the implementation of a P25 Radio Assistance Program. The District will provide reimbursement to the North Richland Hills Public Safety Answering Point (PSA'P) for allowable P25 radio regional interoperability expenses. The Tarrant County 9 -1 -1 District Board of Managers has allocated $54,958 to the North Richland Hills PSAP for the shared services communications center. The application for funding assistance will consist of Fire Department alerting software ($34,640) and a portion of the digital radio programming costs ($20,351) for the partner cities. The purchase of these expenses has been approved by the District Board of Managers and will be funded through the Special Investigations Fund. Once the purchases have been completed, the reimbursement request must be submitted to the Board no later than August 13, 2013. COUNCILMAN TURNAGE MOVED TO APPROVE THE PURCHASE OF P25 INTEROPERABILITY EXPENSES THROUGH THE TARRANT COUNTY 9 -1 -1 DISTRICT FY 2013 P25 RADIO ASSISTANCE PROGRAM. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 APPOINTMENTS TO THE CONSTRUCTION CODE BOARD OF APPEALS APPROVED Dave Pendley, Building Official, summarized the item. The terms of office for the board members serving in Places 1, 3, 5 and 7 on the Construction Code Board of Appeals expired June 30, 2013. Section 98 -42 of the North Richland Hills Code of Ordinances states that appointments to the Construction Code Board Appeals are recommended by city staff and appointed by the City Council. Appointments to this board must meet the requirement of technical expertise in the construction fields. At least one member must be a registered master electrician, one member a state licensed master plumber, one member a master mechanical contractor and all others familiar with construction. Staff is recommending the reappointment of Joe Crane, Master Electrician, to Place 1 (served since 1987), Robert Nichols, P.E., Structural Engineer, to Place 3 (served since 2007), John Klein, Architect, to Place 5 (served since 2005), and W.D. "Mac" McCarthy, Master Mechanical Contractor, to Place 7 (served since 2001). All nominees for appointment meet the technical requirements of the ordinance. COUNCILMAN LOMBARD MOVED TO APPROVE THE REAPPOINTMENTS AS PRESENTED.. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 APPOINTMENTS TO BOARDS & COMMISSIONS -PLACE 7 APPROVED Patricia Hutson, City Secretary, summarized the item. Councilman Welch is requesting Council to approve his nominations to the Place 7 positions on several of the City's Boards and Commissions. The terms of office for the individuals serving in the Place 7 positions on the Boards and Commissions listed below have expired. Chapter 2, Article III, Section 2-121c of the Code of Ordinances states that the City Councils will act upon Council member nominations for these boards. Councilman Welch is submitting the following nominations for Council's consideration: • Keep North Richland Hills Beautiful Commission Holly Bullington • Library Board Jerry Sorenson • Park and Recreation Board Mike Filis • Planning & Zoning Commission/ Capital Improvement Advisory Committee Steven Cooper • Substandard Building Board Bob McCary • Teen Court Advisory Board Diana Goodwin • Board of Adjustment Jerry Henry The terms of office for all of the above nominations will expire June 30, 2015. COUNCILMAN WELCH MOVED TO APPROVE THE APPOINTMENTS AS PRESENTED. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.4 APPOINTMENTS TO PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION - PLACES 2, 4, 6 AND 7 APPROVED Patricia Hutson, City Secretary, summarized the item. Council is being asked to approve four appointments to the Park and Recreation Facilities Development Corporation. The terms of office for the Board Members serving in Places 2, 4 and 6 on the Park and 'Recreation Facilities Development Corporation expired on May 1, 2013. The Place 7 position has also been vacated. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1 -4 are designated for Council Member Directors and Places 5- 7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve as the citizen members on this Board. Council is being asked to make appointments to the following places: Place 2 - Council Member Director (Mayor Pro Tern Rodriguez- incumbent) Place 4 - Council Member Director (Councilman Barth - incumbent) Place 6 - Citizen Member Director (Vacated by Jay Crane) Place 7 - Citizen Member Director (Vacated by Brad Greene) Other board members whose terms have not expired are: Councilman Whitson, Place 1; Mayor Trevino, Place 3; and Tracye Tipps (Parks Board Member), Place 5. Current members of the Park and Recreation Board for consideration to the two vacant citizen member positions are: Suzy Compton, Russ Mitchell, Paul Pena, Marty Kusmierski, Dianne Spradling, Mike Filis, and Beverly Hunt (Alternate). COUNCILMAN LOMBARD MOVED TO NOMINATE APPOINTMENTS OF MAYOR PRO TEM RODRIGUEZ, PLACE 2, COUNCILMAN BARTH, PLACE 4, DIANNE SPRADLING, PLACE 6 AND SUZY COMPTON, PLACE 7. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. G.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action required. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilwoman Wright Oujesky made the following announcements. The NRH Centre is hosting a family fun night this Friday, July 26th from 5:30 to 8:30 p.m. There will be swimming, children's activities, entertainment and refreshments. Visit the NRH Centre website or call 817 - 427 -6600 for more details. Grab your bicycle, helmet and bottled water and enjoy an evening ride with Mayor Oscar Trevino. 'Round the Town with Oscar takes place the first Tuesday of each month at 5:45 p.m. Cyclists meet at the NRH Centre parking lot, 6000 Hawk Ave. The rides are approximately 10 miles and incorporate both the NRH trail system and on- street routes. The next ride will be on Tuesday, August 6th. The North Richland Hills Public Library is hosting a 3D Printer Expo on Saturday, August 10th from 10 a.m. to 2 p.m. This event will feature 3D printed objects, a robotic drawing machine and CAD demonstrations. The expo will be in the Community Room with some demonstrations in the lobby. The Library is located at 9015 Grand Ave. For more details, visit the library's website or call 817 -427 -6800. Kudos Korner - An email was received from a citizen regarding the recent Star Wars event held at the Library. She said the activities were enjoyable and the staff and volunteers were very nice. She noted that Michael, who ran the light saber training, was especially patient with the kids and funny too. She wanted to thank Michael and everyone involved and let them know how much they are appreciated. H.2 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:27 p.m. Oscar Trevino — Mayor 1_1 a 11 16 Patricia Hutson, City Secretary M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. B.2 Consider an Ordinance Amending Section 10 -153 of the Code of Ordinances, the Definition Section of the Ordinance regulating Sexually Oriented Businesses - Ordinance No. 3261 Presenter: George Staples, City Attorney Summarv: Council is being asked to consider amending one of the definitions in the City's sexually oriented business ordinance. General Descrir)tion: Section 10 -153 is the definitions section of our ordinance regulating sexually oriented businesses. Businesses which have employees in a state of nudity are subject to licensing and regulation. These terms are currently defined as follows: !Nudity or state of nudity means less than completely and opaquely covered: (1) Human genitals, pubic region, or pubic hair; (2) All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast; (3) Human buttock; or (4) Any combination of the above. Recently there have been news stories involving waitresses in unlicensed establishments in other cities who have been wearing paint over specified areas and claiming that this is sufficient. In an effort to stay ahead of the issue, we have drafted an amendment to Section 10 -153 of the Code of Ordinances. We will follow up with an amendment to the zoning ordinance conforming relevant provisions. Recommendation: To approve Ordinance No. 3261 H 91N511r:f11 11! IQ: a►C01wilt �3 AN ORDINANCE AMENDING SECTION 10 -153 OF THE CODE OF ORDINANCES OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AND THE DEFINITION OF THE TERM "NUDITY OR STATE OF NUDITY "; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council finds that amendment herein established is in the best interest of the health, safety and welfare of the citizens of North Richland Hills, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That the definition of the term "nudity or state of nudity' contained in Section 10 -153 of the Code of Ordinances of the City of North Richland Hills, Texas is hereby amended to read as follows: "Sec. 10 -153. Definitions. Nudity or state of nudity means less than completely and opaquely covered: (1) Human genitals, public region, or pubic hair; (2) All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast; (3) Human buttock; or (4) Any combination of the above. For purposes of this definition, body paint, body dyes, tattoos, liquid latex, whether wet or dried, and other similar substances shall not be considered an opaque covering. Section 2: Any person, firm or corporation who violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined an amount as provided in section 1 -13 of the North Richland Hills Code of Ordinances. Section 3: The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of North Richland Hills. Section 4: This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 12th day of August 2013. ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor George A. Staples, City Attorney M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -201 Subject: Agenda Item No. C.0 PUBLIC HEARINGS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. C.1 SUP 2013 -04 Public Hearing and Consideration of a Request from Chesapeake Energy for a revised Special Use Permit to add additional landscaping at the TCCD South Gas Well Pad Site located at 828 W. Harwood Rd. - Ordinance No. 3259 Presenter: John Pitstick, Planning & Development Director APPLICANT: Chesapeake Energy with permission from the property owner, Tarrant County College District. CASE SUMMARY: Chesapeake Energy has made application for a revised Special Use Permit to request additional landscaping along Boulevard 26 in an effort to mitigate and partially hide the height of holding tanks visible from Boulevard 26 above an 8 foot masonry screening wall. Chesapeake Energy is requesting to install a series of grassed berms along Boulevard 26 in front of the gas well pad site with meandering trees. The TCCD gas well pad site includes a 3.2 -acre pad site on Tarrant County College Northeast Campus property. The original SUP for the gas well site approved in 2009 included line of site drawings indicating that all proposed holding tanks would not be visible from surrounding streets. However, the masonry wall was constructed first and then the interior pad site was graded in an elevated manner leaving the 8 foot tanks exposed over the walls along Boulevard 26. The Gas Well Drilling & Production ordinance approved in 2005 states that a masonry wall with landscaping shall be required to enclose and visually screen the well and all associated equipment. Staff has worked with Chesapeake Energy for over a year to reach an appropriate solution to the exposed tanks. Options have included excavating to lower the existing tanks; replacing the tanks with lower profile containers; and replacing the masonry wall with higher wall sections. These solutions have been problematic from either party because of overall costs, interruption in gas services or creating "Band -Aid" approaches for screening that would not meet the intended aesthetical and screening standards of the ordinance. The recommended Special Use Permit submittal includes a series of meandering grassed berms with trees along Boulevard 26 that would not totally screen the exposed tanks but would provide natural clusters of trees to take the public's eyes away from the exposed tanks. Chesapeake Energy is requesting to construct eight berms with 28 new trees including Cedar Elms, Red Oaks and Chinese Pistache. Chesapeake Energy has received permission from the Tarrant County College District and from TXDCT to install the new landscaping along Boulevard 26. BACKGROUND: The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. Essentially, the City can require additional stipulations beyond the regulations in Chapter 104: "Gas Well Drilling and Production" of the City Code to enhance visibility and aesthetics. In this effort, Chesapeake is proposing to mitigate a created visible violation through a Special Use Permit by offering additional landscape improvements. Four gas wells have been completed at the TCCD site thus far. Chesapeake Energy anticipates three more wells at this site in the future. The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff for each of the proposed gas wells. This permitting process requires the gas operator to demonstrate compliance with the technical details, safety issues and the other regulations indicated in Chapter 104. EXISTING ZONING: Because of the Tarrant County Community College's Northeast Campus, the property is currently zoned "U" School, Church and Institutional District. The Special Use Permit "overlay" also applies to just the Chesapeake pad site area. REVIEW OF GAS WELL REGULATIONS: An SUP for a gas well is only required when the proposed gas well site is located in a zoning district other than Agricultural, Residential or Hometown Edge zoning districts. Chesapeake will need to make a separate variance application and receive approval from the Gas Board of Appeals prior to the drilling of any new wells that are within 600 feet from the apartment complex across Boulevard 26. Additionally, it should be noted that the Gas Board's guidelines require notification of all property owners within 600 feet of the actual pad site, while the SUP only involves notification of property owners within 200 feet of the pad site. STAFF RECOMMENDATION: This is a very visible site from thousands of people traveling daily along both Harwood Road and Boulevard 26. This site is close to NRH2O and Home Town and will also be very visible from students, faculty and visitors to Tarrant County College. Staff has worked closely with Chesapeake Energy representatives for more than a year to reach a recommended solution for the exposed holding tanks. The Gas Well Ordinance does not allow well sites to have exposed equipment visible from public areas. However, in this specific case staff recommends approval of Ordinance No. 3259, SUP 2013 -04 with the addition of a series of grassed berms and 28 new trees along Boulevard 26 to provide a natural screen from the traveling public and maintain a tan color on the holding tanks to blend with the existing masonry wall to camouflage the exposed tanks. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, July 18 and voted 4 -0 to recommend approval of SUP 2013 -04 with the addition of grassed berms, additional trees along Boulevard 2E and to maintain a tan color on the holding tanks. LOCATION MAP AERIAL PHOTO AERIAL PHOTO 11 PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case Numbers: SUP 2013- 04 Applicant: Chesapeake Energy Location: 828 W Harwood Rd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Tearing is being held to consider a request from Chesapeake Energy for a revised Special Use Permit to request additional landscaping at the TCCD South Gas Well Pad Site located at 828 W Harwood Road, Public Hearina Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JULY 18, 2013 CITY COUNCIL 7:00 PM MONDAY, AUGUST 12, 2413 Meeting Location: CITY COUNCIL CHAMBERS 7341 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact; Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 NOTIFIED PROPERTY OWNERS Tarrant County Junior College 5301 Campus Dr Fort Worth Tx 76119 -5926 Mesquite Creek Dew Inc PO Box 105035 Atlanta Ga 30348 -5035 Ap W,p Green Reit LLC 2323 Investments LLC 8 Greenway P°Iz P9 Box 172047 Houston Tx 77046 -0890 Arlington Tx 76003 -2047 ORDINANCE NO. 3259 SUP 2013 -04 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ADD ADDITIONAL LANDSCAPING AT CHESAPEAKE ENERGY'S TCCD SOUTH GAS WELL; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by approving a special use permit to allow Chesapeake Energy to add additional landscaping at the TCCD South Gas Well located at 828 W. Harwood Road. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 12th day of August, 2013. 101k was] A►C0]:49:1NIs]:1W,1►I III: III% Oscar Trevino, Mayor F-11 1111 *16 Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney tlz tomLsm) aY� � tl AUVNIA1138d ,j In rn 0 L J > M M - a �2 0 m mexq � " t y I i 41 a ue= � W3931 mexq � " t y I i aNYIHDIN $411JON ilSIHX3 dns 1 V4 �� aal; }t,� 41 aNYIHDIN $411JON ilSIHX3 dns 1 V4 �� aal; }t,� A8VNIIII138d V. tl iii z T C 1 > - 0 m m g -0 r - x rn r g - u Z Nn LA 0 1 M C : 0 1 0 z 'NVO au svxai :w RIM'HVGRO-- yr rre mw, T . C, IAO SOF0019 ti 0' 11 N 'NVO au svxai :w RIM'HVGRO-- yr rre mw, T . C, IAO SOF0019 ti 0' 11 Ml ow"I Ail 1.7 DOUSL5 CHEIZ VALVE WIT" Y-STRAMER = I!DLATION VL'AVe 02 _IRRI DETAIL I—E L &L A I U r4. 03 �HIW DETAIL 07 Mq�TION FIXTURE TREE BUBBLER Of !UTTATIC DRAIN VALVE 05 _IAToffN PMURE - ROTOR HEAD ter n rd bCn 4 04 ZT TROL VALVE DETAIL m� J'� NORTH RICHLAND M M T —I W T V– z 0 F- LL , Z o Z w o (L cn cs z a 00 L) w LL LL 3: I i ;-d O� Ursapeik,e PREUMINARY FMNNMWN*MV m3mEza BZ M� IRF � MON 25 EXCERPT FROM THE MINUTES OF THE JULY 18, 2013 PLANNING AND ZONING COMMISSION MEETING SUP 2013 -04 Public Hearing and Consideration of a Request from Chesapeake Energy for a revised Special Use Permit to add additional landscaping at the TCCD South Gas Well Pad Site located at 828 W. Harwood Rd. Leah King, with Chesapeake Energy, 100 Energy Way, Fort Worth, TX carne forward with a request for Special Use Permit to add additional landscaping and irrigation at the front of the TCCD South Gas Well Pad Site to screen the equipment from surrounding properties and roadways. Chairman Shiflet asked what would be the caliper of the trees. Leah King gave a description of the landscaping that will surround the property indicating 3 inch caliper trees. John Pitstick came forward stating Chesapeake is requesting a SUP to mitigate and partially hide the height of the holding tanks visible from Boulevard 25 above an 8 foot masonry screening wall. Landscaping and irrigation will also be installed to mitigate visibility. Chairman Shiflet asked if the top parts of the tanks can be maintained in an earth tone color? John 'Pitstick said yes, it is on the staff recommendation to have earth tone on the tanks. The Public Hearing was opened; no one came forward to speak so the hearing was closed. APPROVED Don Bowen motioned to approve SUP 2013 -04 as requested by staff to include the addition of grassed berms, additional trees along Boulevard 26 and maintain a tan color on the holding tanks. The motion was seconded by Mike Benton. The motion passed unanimously (4 -0). M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. D.1 FP 2013 -09 Consideration of a Request from Winkelmann & Associates, Inc. for a Final Plat of North Tarrant Marketplace, 11 lots on 26.94 acres at the southwest corner of North Tarrant Parkway and Precinct Line Road. Presenter: Clayton Comstock, Senior Planner CASE SUMMARY: On behalf of Newquest Properties, Chesapeake Land Development Company and Jeddiah J. Bell, Jr., Winkelmann & Associates, Inc. is requesting approval of a Final Plat for 11 commercial lots on 26.94 acres at the southwest corner of North Tarrant Parkway and Precinct Line Road. The developer, Newquest Properties, plans to immediately construct a 123,000 square foot grocery anchor, associated gasoline pumps, and a 16,800 square foot retail strip building. Eight retail /restaurant pad sites would either follow or coincide with the construction of the major anchor development. CURRENT ZONING: City Council approved case ZC 2013 -05, the "NR -PD" Non - Residential Planned Development zoning for this development, at their June 24, 2013 meeting. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Retail" uses for the area. PLAT STATUS: The property is currently described as Lot 7, Block 1, Davis -North Tarrant Pkwy Addition; Lot 3B1 of the Brentwood Estates Addition; and as three unplatted tracts within the W.C. Newton Survey, Abstract No. 1182. This plat establishes a new subdivision name, "North Tarrant 'Marketplace." This Final Plat is consistent with the submitted engineering plans and the Preliminary Plat approved by the Planning & Zoning Commission on June 20, 2013. In order to accommodate the development, current two current easements are proposed to be abandoned. These abandonments are contingent on the platting of new easements, and in the case of the exclusive sanitary sewer easement, the construction and acceptance of a new sanitary sewer main. Because the easements were dedicated by separate instrument, they must be abandoned by separate instrument and not simply by plat. The Developer has requested that these abandonments accompany the plat to address the issue of any encumbrances which may impact the project, and to clearly demonstrate the City's willingness to vacate the easements. THOROUGHFARE PLAN: The property has frontage on North Tarrant Parkway and Precinct Line Road. North Tarrant Parkway is identified on the Thoroughfare Plan as a "P6D" six -lane divided principal arterial with 200 feet of right -of -way. Adequate right -of -way exists along this property's frontage, however traffic generated by this development warrants a mid - block traffic signal to be shared with the Wal -Mart entrance at the existing median cut. An additional median opening was requested further east and will also be shared with an existing driveway for Wal -Mart directly across from the existing driveway serving the Murphy USA gas station on the Wal -Mart property. Pavestone crosswalks consistent with the theme along North Tarrant Parkway will be provided at all four driveway entrances to the development along this corridor. P. TA fIFMi F P��WAT I T 5 c , One new traffic signal and one new median opening along North Tarrant Parkway will be required. Precinct Line Road is designated as a "P7U" seven -lane undivided principal arterial with 130 feet of right -of -way. Adequate right -of -way exists along this property's frontage. One restricted (full-in/right-out) driveway with a deceleration lane for southbound Precinct Line traffic exists on the property and will remain. A residential driveway at the southeast corner of the development will be converted to a 30' wide full - access commercial driveway. An internal access point is being provided to allow this new commercial driveway to also serve the property to the south when it develops in the future. TxDOT has provided conceptual approval of this configuration. STAFF REVIEW: The Development Review Committee has reviewed the proposed Final Plat and has certified that it meets all applicable zoning and subdivision regulations. ROUGH PROPORTIONALITY: The public improvements necessary for the Subdivision include the installation of water, sanitary sewer, and drainage facilities. The construction of these public infrastructure items is required for the development of the Subdivision as proposed by the developer. Therefore, the developer will be required to assume 100 % of the amount required for the water, sanitary sewer, drainage and paving public infrastructure improvements indicated on the final approved public infrastructure construction plans for the Subdivision except as specified otherwise in this paragraph. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their July 18, 2013 meeting and voted to recommend approval (4 -0). STAFF RECOMMENDATION: Approval of FP 2013 -09 and approval of two contingent easement abandonments. 110I0°lI[e]k I�j1_1 Z4el� L IJ �i C os C- North Tarrant Pkwy r — j �- fIII r 0 0 CL J Q W Q P &Z- APPROVED PRELIMINARY PLAT (6/20/2013) 5 11 L h'1 _ �f Vi . . r� wcnxr xaP ff.n.Y � ARATAB! �B Mg EVAMOH LEGEND Fg n I sx151. re'ffi= neeF xore .esr.r,1.� M.l,:.A msA M nW I�ry �.N eelrerrn S5 E W] Ae � ur le kre. xewrrst Ydl,rl aces k1$m M psl NUAUww. N. TA PARKWAY' x�.w.eurr _ m•.� r 99528 _ l k— I E. .. g 29P .,,. ..... LJ HE TABLE .r LINE TAB LE IJNETABLE CU RVE TAFU_ � o ex+sm x. eee•u m nmm ppr.r :vs v L. w-, + — _ ws tw•c •sr,a w.� trsz�+w ?mms.W Lm m t . +o- 1'LtY V'OW! � c vesl laooa ,e. .i BTYBT,RW I81 cevm a sar , I 66 A sorts v�pig L% : r ur wrr, swc saw Ld c... u.l e. sLP.aes sr� � a�vwxE wnl,ow ve xevs>brw mas � « I w wm• o. ,r i,-wr ,AAA >..� :.a ��$low nam HmvnHw u ac.u• ur v W i55 us t, -- � 1.+ woaaer ..sr uF us sn nme —11 u - -- ±. 3H"`.K OUR TABLE a M Y31H �xN ao .el raae N m iieu,s LO I + �i�y[ YN Va :a:eeaG erars,m, H-U, 8iL'lA C e1 � Tt4 �3 ;I 3i U E 3 E I u Q a. I.- W ac u S Q e � Q F 2 F Q' � E NORTH TARRANr _ MARKETPLACE Larst tt�wtn d LNG ALL #LCfi 9 A9La 11' � iNWf C4MMIMI69,HiE%FBAWIJBrtIW TRACT. GC iB2'JBt]C�18BALL DF BELL FAMILY + nnM3� WTCF Y [YM$ ECrc BLm4[v�, ra nnC ( iHC C iP i1rICFM]RnIPn11LMn 11118 ttRRN!7 FG14Tt iEeM1e FINIAL PLAT k�J N R9FAiEVNTIQM Lf�Gt'NG ca, uv� r amF � nwriuuEHr p pzrrW4 . x FolflmYeBaW lw xmaea`n�atumna — " - dw,v roparx ,runm. � r - - waT u �� 1,855 f# 'Le tl9RTN YYlMM aw.` � � •,• °'°•: Ix _ "L J JI +Y xb 7 r LI I� I I f 72= uc ui -.,.. ,.., TER� - wv i+ w ® Nq B.ATFP.mN. �•LlArtFG.a... _. pnEp_ 4 sHE i Y NAB kOWrg TAMlANT -- Sf6RR SCE BEING ALL If LOTi. 810G( 1 LVJl44NORM TM T PAS t VAMnM CABINS & &LM n s irxr KT.=s GC 6& 2T L:P� aFA u a. _ 6 SJR NC 26 �OfM OF iIC Tllp415��4 .. G $ � � HiVltQ43�� BESYBnc - 11 u p � � x ua'wc n &I � Ixa w _ c o oMTUefMrFKAT¢ �iiE S14 Wt�iTtm 4yawlu{.LC.INJM JItm'��I S.CNLce ENI Gn:ll'$.ve &AI CFpx eel rep.eaece ma elmaarp we ul=ele .s. [Npe anVS Ae u N :Yer >dPdS .nPy Oae Te rm .� rna. mrr rtTnrt. � x.: wrC rm x ra! s� m mva zu rvww.ti xvin urrun aY . -r. nuy e.. rc.a esv. nrrr s . �: .®ae nti..y inn Yr:.. -�krw. m)2Y�[l'u �". N. `+�"vm =kw'li � ° n"Yw r w r `" d N��iam[ Laar t�H:Fa y. �� daa �..N,.a.•mn�.aer�e, mY a,aa wrx tro ermrm em�aariow �� s'.xr :eF axrerruw re 1.dV5 Fcp �Hi, roacicxPaY 7ra�Ora�t,... -slat. wn pwaow wryar Ra RP!`!•Yd a Fao d pxda�w2 �•� UI!EIXC S rt.ym;xy.ryr;ervy lMYM.ry!lJtw lieJmtlPN'n LL'eit+: w:pie eYtm'nxs rc w�Eeemra�m�rade.mad »a:mmx:. ruse +romTwaa .siiwrn ry me?,Maaravr.cbua lvnan�AU�Ta°etKaru. wCOan:.q ewi � .:rse61m9wf'.ru,rrryfe»er. tre NuaPelaactw�Ha CawY6etvlaeuau a ui rxanm[ aenz.-nt�rv�P v ma �w :alc:.ct. a darn: dEx L dd.1e varaa vn�ve wTe :: S�Yfi�EL.c 1i "..era��n�'W 9t{ MwJ�xpxe< mav�ISExiIYeJtxi du, C:I: Y!s- ti:r... ie[en aA9[�e� Wrcr,F fe I OA :tl.•%:.Y.wa`- V!w- rrc.a'Sx✓��btA^ taws -Nn. K[vxn .rem - .a nC,Tro�sM. [!3it - rt+xlry MNaa IeT+yaa T9 YrA r[pr. {arcrc T�ri�Il. i...l.rra aerw aCMw»Se rvletl h.Ib[netl TE n� e� .q1 °m,a,. m tfa- er,•envvnl:l doer I.c d sea swan Ln Rmt iwE[4.EY 4r Wr•pr.a.v;ewMrrk wsryl.: r«a4nwrweg rrewr roawevr gain m,�a Tms 3e.eaatrm.dl�_eB f�axa a acl��ra�Mr:c -� ,imv - rlr a rs. Peac eaV'u'arysP WYwI.'xb'ema, aea rtae to rayaar ssrc•M ran EW Rx. Ef e{ [rrrnaYC elay'I I T-1l1 tl'+e! II'ea1 ui' —11 11 d - al aa}a.m lure w.GW p �+NY ib P rkN layrpagF Zy to PPFSaa: myen u�eri. �as rn uRaayr eanuvh ua areo nx ww ✓x nae,Lxv�v re.IYx hxrxv ewPUx uwn4eurve lrs aYr.Fxa Iae - w5e r - �Y rr•m nm OYlrT4CFT a>.�ted k=matu�ee v.e � E, r:.�nve<watr�.am n,trN efNIEC['.6K9 cwmwTeasar M M�vi�ax Carti Pqm': U'r [x' aaaaPua!tl+ rv.aV ewaete p�a:a Ynry ri nenl�t aYUa CYSJrfCt TPI — 1 a. pw. waxp�e n • �wa W ar�.�tl..�s� eaev cwaa «uFer � - riF.wa.,.,E � as .yr�znYyef[n WU OFT fd£+ rasa4apwwr. •w. rort - va: .I .rA.eor+/%N 1�e mettd[e n-»� �h a+Mys Aso [�reabxYx rsswta-a a 41ro vll .iyekea {r1luFSN aiNa n °vi• ruRea ltRn'�ttekM ear[. -a xeq- anHweY � F•eYmtrL Uer6 Y+axwranRUrt �n s'tR E v sue vf�.N.r Even'aFww.e ' +\ Sa �' �w1rsW�ry rNrv•w[saMU�. TrYlro �aEn �� nearx - ts.md.AY2 wz¢CHoarer[erck 1 x�fwe..dCw .. eNe.Yr.•v6i4c Ysua.oPS.r�ey aar: Re•rrA i!k. i YYnalNrr n.�M!w A�� k H 61F� trad'Wl adk.f MB- 4.a C[+6uwry NORTH TARR ;NT - -�— MARKETPLACE LnTa { -n a - -nacl BEIw6 0.L OF LOTI. BLOCK T.OAY6wCFTH m &rLri a, uICE 1 T a M M201MI6 HLLX KILL FAMDIOw TFAGi, �141lN � Bdl1 L� KILL FflrBY Ta u[ TYf YIfaMO Sti "N.IH P G :�nrv�THBw u Am P. � } Ra[ n � o -E.m sv ss IW Vfaw 1Vjnkelmann WEFT / i y N. TARRANT PARKWAY OW RIGHT-OF4ZAY) 1.655.04 Li W48'1 0' E — - — — — — — — — . . . . . . xxai � ff -- Inv MTG — LIVE ul L.T 1a . ....... .. .P PANE LOT 11 LOT 0 Lor z NDWrH TAFMANT KAIUMPLACE j BLOOKI LOT 7 LOT 2 — m — — — L I 595,26 71!1 1s. -- ------- M rx - �---r" °i ?�� i �? „ I+— r�r�C✓I jT L 6 I;� � «: .,.. �� Nae�eP rfr- -' _ _ - `— re��rr�wca ,. t7 Al � �I � � � w° � � �� LOT 3 2 c4 I LOT 4 Hil E 1,252.37' N 89'57r46" POINT OF EXCERPT FROM THE MINUTES OF THE JULY 18, 2013 PLANNING AND ZONING COMMISSION MEETING FP 2413 -09 Consideration of a Request from Winkelmann & Associates, Inc. for a Final Plat of North Tarrant Marketplace, 11 lots on 26.94 acres at the southwest corner of North Tarrant Parkway and Precinct Line Road Michael Clark, representative with Winkelmann & Associates, 6750 Hillcrest Plaza, Suite 325, Dallas, TX came forward presenting the item which is a culmination of the SUP, Site Plan, Zoning Change and Preliminary Plat which have all been brought before this commission over the past several months. We are requesting approval of the Final Plat in order to move forward with the project. Clayton Comstock came forward presenting the item for Final Plat of the North Tarrant Marketplace, which they have announced to be a Kroger Marketplace, on the corner of North Tarrant Parkway and Precinct Line Road. In addition, there will be a 17,000 lease shopping strip and fuel center. Staff recommends approval of this item. APPROVED Kathy Luppy motioned to approve FP 2013 -09. The motion was seconded by Mike Benton. The motion passed unanimously (4 -0). CONTINGENT ABANDONMENT OF EASEMENT GRANTOR: City of North Richland Hills, Tarrant. County, Texas Grantor, contingent on the platting of the property underlying the easement described herein and platting of a new Public Access, Drainage and Sanitary Sewer Easement to replace the easement herein abandoned, hereby abandons the following described easement: EASEMENT ABANDONED: A 15,733 square foot public access, drainage and sanitary sewer easement located in the T Peck Survey, Abstract No. 1209 and in the W. C. Newton Survey, Abstract No. 1183 North Richland Hills, Tarrant County, Texas, described in Exhibits A hereto Crrantor, having no further need therefor after such platting, hereby abandons and releases the easements described above and on such Exhibits effective upon approval of a plat of the property as described above. CITY OF NORTH RICHLAND HILLS i Mark. Hindman, CityMatnager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT This instrument was acknow=ledged before me on this date by Mark Hindman, City Manager of the City of North Richland Hills, a "Texas uauriicipality, who acknowledged to are that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. GIVEN T- TINDER MY HAND AND SEAL OF OFFICE, this day of August, 2013. Notary Public in and for The State of Texas LEGEND APPROXIMATE LOCATION CARS 172" IRON ROD WITH RED PLASTIC CAP STAMPED I." SET ar OF ABSTRACT LINE XCF "]C CUT IN CONCRETE FOUND FOR CORNER CM CONTROLLINGMONUMEHT BMON BRA$$ MOM MEN T FOUND FOR CORNER L.INETA13LE IRF IRON ROD FOU HD FOR CORNER gg ° sl �i T N PHF PIC NAIL FOUND FOR CORNER � r LINE # BEARING DISTANCE N. TARRANT PARKWAY ° U N °4rs9E 12 fill (VARIABLE WIDTH RIGHT -CF -WAY) a L2 SW18'SI "E 97 -31' I L3 Naa °47TWE 1750 ff POINT OF 95' SANK � 0' BEN'ER � IBEGINNINGI EASEM. .74'a 1'� _�Q�' L ' CABINET SLIDE1171a S9pI FH0. x� I — 8 SANITARY SEWER EASEIIIENT CC 1020703BS55 PUDLIC ACC S, DRAINAGE 8i -- SANITARY SEWE R EASEUENT , CABINET A, SLIDE 57716 LOT 7, BLOCK 1 ITO BE ABANDONED BY DAVIS -NORTH TARRANT SEPARATE INSrRUGdEMry PARKWAY ADDITION � w CABINET A, SLIDE 11710 NORTH TEXAS 4 AC41-ISITION, L.LC- STREET RO -W- DEDICATION CC #Is2a613&616 CABINETA, SLIDE 11710 �w PORTION OF TRACT 36 R BRENTWOOD ESTATES Z y VOLUME 3W97, PAGE 31 � L1 PUBLIC ACCESS. DRAINAGE & SAN TARY SEV EASEMENT ABANDONMENT I"11 0,361 ACRES (15,733 SR FT.) I x PUBLIC ACC£S5, DRAINAGE 70 7 & SANITARY SEVIER €ABEMENT cc9rD LAS 50.46 G ) m CURVE TABLE ; 6 Ns3 °a�aB toCIRF Q NC. DELTA RADIUS LENGTH CH. L CH. S O �g � 37.39 Iv N88 °47'59 E Cz C4 d ti ae•�'�• �9.sa rr.rs r0.oa ' s4e•1z'o1.E �,� n 583°4 �G CZ 18'x79' 149156 64,73 61.45' N74°301WE $ 'g 475 IV-1 C.b 45yu C3 1WWaB' 3111 76AU 741x• N76 °57'4WE ! g3•�' ca W2749- 2S5B a -at' a :al BB7 °5426 Vi Bearings shown hereon are based upon an on-4he- ground ce 9"16'54" 2atmr 46.5z 45.47• sn- o5'1dw Survey performed in the field on the 7th day of August, za12, L" r the City of North Richland Hills Geodetic Control C6 1420AV 209.50 50,20 MOT 331-37'ae'w Stations "GPS - 28" and "G PS 30 ", along the west Nine of Lot C7 ,IaYtIX04" 74,50' 117 905.38' N4B °12'x7 "W 7, 11111 1, QaY111III9 Tarrant Pa11 Addilfan I Wing a I - 90' wring of North 01 deg 12 min 01 sec West (plat - •� ! N00 ° 41'24W1, recorded in Cabinet A, Slide 11710, P.R- T.C.T. BOWE L. BELL ESTATE VOLUME 2531, PAGE 234 Winkelman l PUBLIC ACCESS, DRAINAGE & �11T► I r C]F r ! V & n�tasocigxcs, Inc. �+ I ��4 :..,.,� I ! `� T1:A q SANITARY SEWER E A SEMENT ABANDONMENT EXHIBIT SHEET CONSULTING CIVIL ENOINIras SI1N1MR Wx 91M• WLL41,� A4 T� 30 k4tl -TOBA f PRELIMINARY -- This 0 -361 ACRES (15,733 SQ. FT.) documents tcorded not be Tmme5lrre�+x¢N °.>o�s�m r.a, -,� NEWQUEST PROPERTIES C�Y1TiCBI 9 for any purpose. OF FgS$1 Scale, 1:109 f � 4 13807 W. SAM HOUSTON PARKWAY Date; 03.25 -13 RM� 5V � I N., SUITE 200 DNq, File: eMil -ESM ACCESS- ABAND -E%FI }• -IT- OUS 1 T ON TEXAS 77949 PrOWNo.: seatl.oU Gt5gAlMIJ RVEY Eeae— IA5B411- ESMT•ACCESS- ABAND -E%HA g PROPERTY DESCRIPTION Public Access, Drainage & Sanitary Sewer Easement Abandonment 0.351 acres (15,733 sq. ft. STATE OF TEXAS § COUNTY OF TARRANT § BEING a track of land situated in the T. PECK SURVEY, ABSTRACT NO. 1209 and the W. C. NEWTON SURVEY, ABSTRACT NO. 1182, in the city of City of North Richland Hills, Tarrant County, Texas, and being all of a public access, drainage and sanitary sewer easement described in deed as recorded in County Clerks Instrument No. D207038555, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an X" cut in concrete found for corner on the South right -of - -way line of North Tarrant Parkway, a variable width right - of - way, said point being the Northwest corner of Lot 7, Block 1, Davis -North Tarrant Parkway Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the Plat thereof recorded in Cabinet A, Slide 11710, Official Public Records, Tarrant County, Texas; THENCE South 01 deg 12 min 01 sec East, departing said South right -of -way tine of North Tarrant Parkway, a distance of 249.07 feet to a PK nail found for the Southwest corner of said Lot 7; THENCE North 88 deg 47 min 59 sec East, along the South line of said Lot 7, a distance of 12.50 feet to a point for comer; THENCE South o1 deg 12 min 01 sec East, departing the South line of said Lot 7, a distance of 111.96 feet to a point for corner, said point being the beginning of a curve to the left having a radius of 49.50 feet, a central angle of 89 deg 59 min 39 sec, a chord bearing of South 46 deg 12 min 01 sec East and a chord length of 70.00 feet; THENCE along said curve to the left, an arc distance of 77.75 feet to a point for corner; THENCE North 88 deg 47 min 59 sec East, a distance of 37.36 feet to a point for comer, said point being the beginning of a curve to the left having a radius of 199.50 feet, a central angle of 18 deg 35 min 29 sec, a chord bearing of North 79 deg 30 min 15 sec East and a chord length of 64.45 feet; THENCE along said curve to the left, an arc distance of 64.73 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 318.50 feet, a central angle of 13 deg 30 min 38 sec, a chord bearing of North 75 deg 57 min 49 sec East and a chcrd length of 74.93 feet; THENCE along said curve to the right, an arc distance of 75.10 feet to a point for corner; THENCE North 83 deg 43 nun 08 sec East, a distance of 50.00 feet to a point for comer on the Westerly right -of -way line of 'Precinct Line Road, a variable width right -of -way, THENCE South 05 deg 15 min 52 sec East, along said Westerly right -of -way line of Precinct Line Road, a distance of 37.31 feet to a point for comer, said point being the beginning of a non - tangent curve to the Left having a radius of 29.50 feet, a central angle of 08 deg 22 min 43 sec, a chord bearing of South 87 deg 54 min 29 see West and a chord length of 4.31 feet; (Continued on Sheet 3) ,1t�I Win kelmann ! I lfV & Associates, inc, c COF C� CONSULTING :'I'AL ENGINEER$ SURVEYORS r P l y ;..,..... L' � •3$ Tg "mcE, awc say [oaxl.00-�wv mw PRELIMINARY — This roc ;vc� ace —rwe I recorded document shall not be Hut MOM 12a1� LOPMT 02012, YKkd 5baoualae, },G for any purpose. Scale: HM c "'8aslo� E1 �r� Date: Oa251e Dmi. File! 58411 -ESNT•ACCE8S.AHAND -E7.H PmectNa: 6e4tE.00 PUBLIC ACCESS, DRAINAGE & SANMARY SEWER EASEMENT ABANDONMENT EXHIBIT SHEET 0.361 ACRES (15 133 SQ, FT) 2 NEWQUEST PROPERTIES OF 3807 W. SAM HOUSTON PARKWAY N., SUITE 200 3 HOUSTON, TEXAS 77040 U:bNAU 1)3UXVLY+_asameN5bU411 f- AA:L;tSUAUML}GXN." (Continued from Sheet 2) THENCE departing said Westerly right-of-way line and along said non - tangent cure to the left, an arc distance of 4.31 feet to a point for comer, THENCE South 83 deg 43 min 08 sec West, a distance of 45.70 feet to a point for corner and the beginning of a curve to the left having a radius of 281.50 feet, a central angle of 09 deg 15 min 54 sec, a chard bearing of South 79 deg 05 min 10 sec West and a chord length of 45.47 Feet; THENCE along said curve to the left, an are distance of 45.52 feet to a point for corner and the beginning of a curve to the right having a radius of 200.50 feet, a central angle of 14 deg 20 min 44 sec, a chord bearing of South 81 deg 37 min 36 sec West and a chord length of 50.07 feet, THENCE along said curves to the right, an arc distance of 50.20 feet to a point for comer; THENCE South 88 deg 47 min 59 sec West, a distance of 83.08 feet to a point for comer and the beginning of a curve to the right having a radius of 74.50 Feet, a central angle of 90 deg 00 min 04 sec, a chord bearing of North 46 deg 12 min 01 sec West and a chord length of 105.36 feet; THENCE along said curve to the right, an arc distance of 117.03 feet to a point for comer; THENCE North 01 deg 12 min 01 sec West, a distance of 361.02 feet to a point for comer being situated in the south right -of -way line of aforementioned North Tarrant Parkway and the north line of aforementioned North Texas Acquisition, L.L.C. tract; THENCE North 88 deg 47 min 59 sec East, along said common line, a distance of 12.50 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 0.361 acres or 15,733 square feet of land, more or less. Bearings shown hereon are based upon an on- the - ground 'Surrey performed in the Field on the 7th day of August, 2012, utilizing the City of North Richland Hills Geodetic Control Stations "GPS -28" and "GPS -30 ", along the west line of Lot 7, Block 1, Davis -North Tarrant Parkway Addition having a bearing of North 01 deg 12 min 01 sec West (plat N00 °41'24 "W) recorded in Cabinet A, Slide 11710, Official Public Records, Tarrant County, Texas, Winkelmann PUBLIC ACCESS, DRAINAGE& G'.)59 1l5URVE1REB8a naW. 1iH11- ESGTr,ACCESS-,46AND- E -KRdwa �* 6G 1i5ffiIlCI$[ES� Inc, °S� 0 F ry �� CAIITARY GFiNEASEMENT EASEMENT CUe19B1LYY24' CIYIL fHl11HEBR9 911 R4CY(1R'3 ST�A !{ ABANDONMENT EXHIBIT SHEET 3 KWAY OF — M" w�� P ME M PRELIMINARY -- This 0.361 ACRES (15,733 SQ. FT) dVW9. Tf1AY TS]9 [937] WO -999 fA T*m�n9�rwnlG+]Wwbnw document steall not be NEWQ'UEST PROPERTIES recorded for any purpose SCi360; 38 07 W. SAKI HOUSTON PAR Date. 12 � �+. �lS9 SY� �Q 9,�p... -,.... N., SUITE �QO - ,48AH0.E1CH a� U R /� �+. y,� T prtt[BCI No.: 54111.40 59411- EShie- ACCESS _„ I IIU JT�iV TClV1S 77040 CONTINGENT ABANDONMENT OF EASEMENT GRANTOR: City of North Richland Hills, Tarrant. County, Texas Grantor, contingent on the platting of the property underlying the easement described herein and platting of a new sanitary sewer easement to replace the easement herein abandoned, and construction by the owner of the property of a sanitary sewer main in such new easement hereby abandons the following described easements: EASEMENT ABAINUONED: A 22,766 square foot sanitary sewer easement located in the T Peck Survey, Abstract No. 1209 North Richland Hills, Tarrant County, Texas, described in Exhibit A Grantor, having no further need therefor after such platting and construction, hereby abandons and releases the casement described above and on such Exhibits cffedivc upon approval of a plat and construction and acceptance of anew sanitanr sewer line of the property as described above. CITY OF NORTH RICHLAND HILLS L-M Mark Hindman, City Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this date by Mark Hindman, City Manager of the City of North Richland Hills, a'Texas municipality, who acknowledgedto me that he executed same for the purposes and consideration, and in the capacity therein expressed, as the act and deed of such municipality. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of August, 2013. Notary Public in and for The State of Texas N I ra ACQUISITION, LL-C. oN U4no I PORTION OF TRACT 313 m F S N BRENTWOOD ESTATES Y 0' 50' 100' p o IRF Scale T' =100' I 4 a FK NAIL FOUND FOR CORNER NORTH TEXAS � Ri ACQUISITION, LL-C. oN CC #D208138616 I PORTION OF TRACT 313 I I r BRENTWOOD ESTATES 1 1111 VOLUME 3M -97, PAGE 31 B RASS MONUMENT FOUND FOR CO RNER SANITARY SEWER ABANDONMENT W 0.523ACRES (22,786 512 FT.) W w N89 °3218 "E 891 -37' u3 S89 °32'1 8 'W 887.26' J T NORTH BOUNDARY U LINE OF BELL TRAC PER BOUNDARY UNE AGREEMENT ARID DEED CCiO 020935X1®3 JEDDIAH .JOHNSON BELL JR., DICKY LEE SELL DANNY WAYNE BO=LL DEBRA SUSAN BELL CC #0209011790 1 I - 1Jf' O1RF 20' SANITARY SEWER EASEMENT CC #D2070594 Sno °41'24 "E 24.99' N 470215" E S 89°32'iB° W 87 -45' STREET R.O.W. DE CABINET A, SLIDE C M Z. 'X Q PAINT OF N 88'23'04" IN 213-73' 1 BEGINNING POINT OF 1�2M MENCI NG Winkelmann G:L59MI 11SURVEYIEa n ON59411 ESPAT- ABAND•EXI[1.0" & Associates, Inc. e CONSULTING CIVIL ENGINEERS SUaVEY8R5 �' ayld 3 �$ rid 9 "�uneo-xe °tb, i f OIVARD p TAY IV= I T., 64 a° IaaeccaL lta1 -n Scale: f:10a � C}� Dale: 031013 t7Wq. �IIa: 5941,.E9Arre4BANCFE7CH SU Rv ProledNo., 69411.00 LEGEND GaiS W' IRON ROD WTN RED PLASTIC CAP STA9APW'W.A L" SET FOR 0.523 ACRES CORNER .CCF . X"CLm IN CONCRETE FOUND FOR CORNER CM CONTROLLING MONUMENT Bn1ON B RASS MONUMENT FOUND FOR CO RNER IRF IRON ROD FOUND FOR CORNER PKF FK NAIL FOUND FOR CORNER Winkelmann G:L59MI 11SURVEYIEa n ON59411 ESPAT- ABAND•EXI[1.0" & Associates, Inc. e CONSULTING CIVIL ENGINEERS SUaVEY8R5 �' ayld 3 �$ rid 9 "�uneo-xe °tb, i f OIVARD p TAY IV= I T., 64 a° IaaeccaL lta1 -n Scale: f:10a � C}� Dale: 031013 t7Wq. �IIa: 5941,.E9Arre4BANCFE7CH SU Rv ProledNo., 69411.00 Bearings shown hereon are based upon an on4he -ground Survey performed in the field on the 71h day of August, 2012, utilWrIg the Chy of North Richland Hills Geodetic CDnlrol Slations "GPS -28" and "GPS -39 ", along the west line of Lot 7, block 1, Davis -North Tarrant Parkway Addition having B bearing of North 01 deg 12 min 01 sec West (plat - N00 °41'24 "W), recorded In Cabinet A. Slide 71790, P.R.T.C.T. SANITARY SEWER EASEMENT ABA vU ; "tiiEN T EnFL,I31T 0.523 ACRES SHEET (22,766 SQ. FT.) 1 NEWQUEST PROPERTIES 8807 W. SAM HOUSTON PARKWAY OP N., SUITE 200 3 HOUSTON, TEXAS 77040 Bearings shown hereon are based upon an on4he -ground Survey performed in the field on the 71h day of August, 2012, utilWrIg the Chy of North Richland Hills Geodetic CDnlrol Slations "GPS -28" and "GPS -39 ", along the west line of Lot 7, block 1, Davis -North Tarrant Parkway Addition having B bearing of North 01 deg 12 min 01 sec West (plat - N00 °41'24 "W), recorded In Cabinet A. Slide 71790, P.R.T.C.T. SANITARY SEWER EASEMENT ABA vU ; "tiiEN T EnFL,I31T 0.523 ACRES SHEET (22,766 SQ. FT.) 1 NEWQUEST PROPERTIES 8807 W. SAM HOUSTON PARKWAY OP N., SUITE 200 3 HOUSTON, TEXAS 77040 Bearings shown hereon are based upon an on -the -ground Survey p"i in the field on the 7th day of August, 2012, utilizing the City of North Richland Hilts Geodetic Control Stations "GPS -28" and "GPS -3T, along the west line of Lot 7, Block 1, Da%rls-Nor[h Tarrant Parkway Addition having a hearing of North 01 deg 12 min 61 sec West (plat - NOC °41'24°W}, recorded In Cabinet A, Slide 11710, P.R-T.C.T. NORTH TEXAS ACOLIISITICN, L.LC. CC #D2D6138016 PIO RT1ON OF TRACT 3B BRENTWOOD E=STATES VOLUME -MB-97. PAGE 31 SANITARY $EWER LEGEND CIR6 5l3" IRON Ron WITH RED PLASTIC CAP STeVJPEO'YJ.A.I- °SET FOR CC #9)199212928 CORNER XCF "}C CUT IN CONCRETE FOUND FOR CORNER i19 Cm C ONTROLLIHG MONUMENT LLI BMON ER A88 MON UME HT FOUND FOR CORNER N IRF iROM ROD FOU ND FOR CORN ER PHF P HAL FOUND FOR CORNER N. TARRANT PARKWAY 5,0' 1? (VARIABLE VVIt3TH RIGHT -OF -WAY) Scab 1 " =1 DO' Bearings shown hereon are based upon an on -the -ground Survey p"i in the field on the 7th day of August, 2012, utilizing the City of North Richland Hilts Geodetic Control Stations "GPS -28" and "GPS -3T, along the west line of Lot 7, Block 1, Da%rls-Nor[h Tarrant Parkway Addition having a hearing of North 01 deg 12 min 61 sec West (plat - NOC °41'24°W}, recorded In Cabinet A, Slide 11710, P.R-T.C.T. NORTH TEXAS ACOLIISITICN, L.LC. CC #D2D6138016 PIO RT1ON OF TRACT 3B BRENTWOOD E=STATES VOLUME -MB-97. PAGE 31 SANITARY $EWER EASEMENT CC #9)199212928 SANITARY 5ENER i i19 ABANDONMENT L LLI 580 ° 58'03 "E 0 0.623 ACRES c co am Winkelmann �9 of Associates, one. MIASUOPIU Wit, ENGINEERS SURVEYORS saw N Unw i a c v.m U. Pulw6, 1GU5 MF2u [f .vrtra49 CFY cv� s yman Regxonm nn eR ScA6: 1:100 Dale: os -Tara D", Flee; 59411- ESMT -A &AND -EX14 Praleci tto.: 34411.00 G'4WMI 1 USURVEY1EasLmenft1 `]1- ESMT- MWU-00 Ldn SANITARY SEWER EASEMENT ABANDONMENT EXHIBIT 0.523 ACRES SHEET (22,766 SQ. FT) 2 NEWOUEST PROPERTIES OF 8807 W. SAM HOUSTON PARKWAY N., SUITE 200 3 HOUSTON, TEXAS 77440 PROPERTY DESCRIPTION Sanitary Sewer Easement Abandonment 0.523 acres (22,766 sq. It.) STATE OF TEAS § COUNTY OF TARRANT § BEING a tract of land situated In the T. PECK SURVEY, ABSTRACT NO. 1209, in the City of North Richland Hills, Tarrant County, Texas, and being a portion of a sanitary sewer easement described in deed as recorded in County Clerk's InMrument No. DI 99212928, Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 112 -inch Iron rod wilh a red plastic cap stamped °W.A.I," set for comer on the South right- of-way line of North Tarrant Parkway, variable width right-of-way, said point being the most Easterly Northeast comer of a tract of land described in deed to Jeddiah Johnson Bell, Jr., Dicky Lee Bell, Danny Wayne Bell, and Debra Susan Bell as recorded in County Clerk's Instrument No. D209011790, Official Public Records, Tarrant County, Texas; THENCE North 88 deg 23 min 04 sec West, along the North line of said Bell tract, a distance of 213.73 feet to a 51&inch iron rod found for comer; THENCE North 02 deg 02 min 15 see East, continuing along the North line of said bell tract, a distance of 25.17 feet to a 112 -Anch Iron found for comer; THENCE South 89 deg 32 min 18 sec Vilest, continuing along the North line of said Bell tract, a distance of 87.45 feet to the POINT OF BEGINNING, said point being on the South line of said sanitary sewer easement; THENCE along the Southerly line of said sanitary sewer easement, the following courses and distances: South 89 dag 32 min 18 sec West. a distance of 887.26 feet to a paint tar comer; North 00 deg 27 min 42 sec West, a distance of 9.0E feet to a point for Corner, North 80 deg 55 min 53 see West, a distance of 38.56 feet to a point for corner, THENCE North 01 deg 11 min 50 sec West, over and across said sanitary sewer easement, a distance of 15.25 feet to a point for comer cn the Nanh line of said sanitary sewer easement; THENCE South 80 deg 5B min 03 sec East, along the North line of said sanitary sewer easemenl, a distance of 34.49 feet to a point for comer, THENCE North 89 deg 32 min 18 sec East, continuing along the North line of said sanitary sewer easement, a distance of 891.37 feet to a point for comer; THENCE South 00 deg 41 min 24 sac East, a distance of 24.99 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 0.523 acres or 22,788 square feet of laird, more or less. Bearings shown hereon are based upon an on- the -ground Survey performed in the field on the 71h day of August, 2012, utilizing the City of North Rich] and Hills Geodetic Control Stations 'GPS -28" and "G PS-3(Y', along the west Tina of Lot 7, 61ock 1, Davis -Narih Tarrant Parkway Addition having a bearing of North 01 deg 12 min 01 sec West (plat - 1100 °41'24 "W), recorded I Cabinet A, Slide 11710, Official Public Records, Tarrant County, Texas. Winkelmann & Associates, Inc. LGNSy 0114a CIVIL rNGlr&ERS SURVMR!, er:a 11LLa!ESf r Uw aurr 4--r MM. S " "fe (siej 4. -- F Tie aghrmp Aeglctwma �m ao -1 su[eenm 1sa� err+�r m �u�+,wmoM Scale: t4fA oste: 03.1 &13 DWU. Fife: 8All-ESMT- -MI Pr4led No- - 5911rn0 F F SANITARY SEWER EASEMENT -� , �� ADA"'DON y1T EXHIBIT r�ur� 1v P g ss Ta��y a� 0.523 ACRES SHEET - (22,766 SQ. FT) M R r��x r �nY ui i .... NEWQUEST PROPERTIES � OP g a °�� 8807 W. SAKI HOUSTON PARKWAY OF D S u �yF N., SUITE 200 *� J HOUSTON, TEXAS 77040 G:L%4111 M RVEYkEasen MsZB41 I•ESMT -ABA NO -EAh Tog M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. E.0 PUBLIC WORKS No items for this category. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. F.0 GENERAL ITEMS M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. F.1 Setting the Date for the Public Hearing for the FY 201312014 City Budget, FY 201212013 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District Presenter: Mark Mills, Budget Director Summary: The City Council is asked to set the public hearing dates for the proposed FY 2013/2014 City Budget, FY 2012/2013 Revised City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District. General Descrirstion: The City Council is asked to set the dates for the upcoming public hearings. Each hearing is planned for Monday, August 26, 2013. The Park and Recreation Facilities Development Corporation public hearing would be held at 6:15 p.m., and the Crime Control and Prevention District public hearing would be held at 6:30 p.m. The 'hearing for the FY 2013/2014 Proposed Budget and the FY 2012/2013 Revised Budget will be conducted as part of the regular City Council meeting, beginning at 7:00 p.m. In addition to setting these dates in a public meeting, a published notice will be required for each public hearing per the City Charter and State law. A copy of each notice accompanies this cover sheet. In compliance with State law, the proposed budget has been made available at the City Secretary's Office and at the North Richland Hills Public Library. Recommendation: Set the date for the public hearings as August 26, 2013, with the Parks and Recreation Facilities Development Corporation occurring at 6:15 p.m., the Crime Control and Prevention District occurring at 6:30 p.m. and the annual City Budget occurring as an item on the agenda for the 7:00 p.m. City Council meeting. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:15 p.m. on August 26, 2013 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog /animal parks, playground equipment, construction and/or renovation of recreation facilities, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the 'Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2013- 2014 proposed annual budget during the meeting to be held at 6:30 p.m. on August 26, 2013 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING 2013 -2014 PROPOSED ANNUAL BUDGET 2012 -2013 REVISED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2013 -2014 proposed annual budget and the 2012 -2013 revised annual 'budget on Monday, August 26, 2013 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers„ 7301 N.E. Loop 820, North Richland Hills, Texas. This budget will raise more total property taxes than last year's budget by $660,829, or 2.9 %, and of that amount $351,464 is tax revenue to be raised from new property added to the tax roll this year. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. F.2 Conduct a Vote on Placing the Tax Rate Adoption on the Agenda of the September 9, 2013 City Council Meeting Presenter: Mark Mills, Budget Director Summarv: The City Council is requested to vote to place the adoption of the tax rate as an action item on the September 9, 2013 Council Regular Agenda. General Description: In follow up to the FY 201312014 Budget Work Session, it is necessary to begin the process to of establishing a tax rate for the next fiscal year, in accordance with the City Charter and State law. At the Budget Work Session, a tax rate of 610 per $100 of taxable valuation was proposed. This is the same as the currently adopted tax rate of 610. Per Section 26.05(4) of the Tax Code, the City Council cannot adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The City of North Richland Hills' proposed tax remains below both the effective tax rate of 61.01112¢ and the rollback rate of 62.0977¢. As a result, the City of North Richland Hills is not required to conduct public hearings on the tax rate. The proposed tax rate will be presented as part of the public hearing on the FY 2013114 Proposed Budget. State law requires that the City Council vote to place the adoption of the tax rate on a future City Council agenda as an action item. The date for this vote is planned for September 9, 2013. This vote would appear as an action item on the agenda for the regular City Council meeting. Recommendation: That a vote be taken to place the adoption of the tax rate as an action item on the Monday. September 9, 2013 City Council agenda. M KH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. F.3 Amending Section 106 -1 3 Ordinances to Conform Ordinance No. 3260 Presenter: George Staples, City Attorney Date: 8 -12 -2013 of the North Richland Hills Code of City Sign Regulations to State Law - Summarv: During the last legislative session the Texas Legislature amended laws concerning electioneering on the grounds of public buildings during early and regular voting. Ordinance No. 3260 will conform the City's sign regulations to the new State law. General Description: The last legislature ;passed HB 259 which amends Sec. 61.003 of the election code to provide that the owners of public buildings used for polling cannot during early or regular voting times restrict electioneering outside the area where electioneering is prohibited by state law. It provides that the entity can enact reasonable regulations concerning the time, place, and manner of electioneering. "Electioneering" is defined to include the posting, use, or distribution of political signs or literature. This conflicts with Sec. 109- 13(c)(6)(i) of the North Richland Hills Code of Ordinances which prohibits political signs on public property, with a few exceptions: Political signs shall not be placed on public property or within any federal, state or local public right -of -way, except that political signs less than three feet in height and with no more than six square feet of sign face on any side may be placed in public right - of -way, other than a median, with no portion of such sign closer than three feet from the back of the curb, or, if no curb, from the edge of the pavement of streets classified by the city's thoroughfare plan as arterial PBD, M6D, M4D, P71J, M5U or M4U or collectors classified as C4U or C2U as long as such sign is not placed in right of way adjacent to an occupied residence or adjacent to publicly owned land other than a road. No sign shall be placed within 30 feet of an identical sign. Signs shall not extend over the sidewalk or street. The proposed amendment provides a new subsection k to address the legislative mandate: k. Notwithstanding the other regulations of this chapter, for any building owned by the city used for voting, unlighted political signs not exceeding three feet in height and with no more than six square feet of sign face on any side may be posted on the grounds of such building outside the distance where electioneering is prohibited by the State during any voting period defined as beginning with the commencement of early voting by personal appearance and ending after the polls close on the last day for early voting by personal appearance for an early voting polling place, and beginning when the polls open on election day and ending when the polls close on election day for an election day polling place. (See Sec. 43.431(f), Texas Election Code) Such signs shall not overhang any sidewalk or driveway.'' The City Attorney is recommending the passage of Ordinance No. 3260 Recommendation: Approve Ordinance No. 3260 M RH ORDINANCE NO. 3260 AN ORDINANCE AMENDING SECTION 106 -13 OF THE CITY OF NORTH RICHLAND HILLS, TEXAS CODE OF ORDINANCES AND CONFORMING CITY SIGN REGULATIONS TO STATE LAW. WHEREAS, THE Texas Legislature during the past session amended laws concerning electioneering on the grounds of a public 'building during early and regular voting and WHEREAS, the City Council desires to conform its regulations to state law, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 106- 13(c)(6) of the North Richland Hills Code of Ordinances is hereby amended by adding a new Subsection (k) which shall read as follows "Sec. 106- 13(c)(6) political signs. k. Notwithstanding the other regulations of this chapter, for any building owned by the city used for voting, unlighted political signs not exceeding three feet in height and with no more than six square feet of sign face on any side may be posted on the grounds of such building outside the distance where electioneering is prohibited by the State during any voting period defined as beginning with the commencement of early voting by personal appearance and ending after the polls close on the last day for early voting by personal appearance for an early voting polling place, and beginning when the polls open on election day and ending when the polls close on election day for an election day polling place. (See Sec. 43.031(f), Texas Election Code) Such signs shall not overhang any sidewalk or driveway." Section 2: This ordinance shall be in full force and effect immediately upon passage. PASSED AND APPROVED on this the 12th day of August 2013. F -A W s Patricia Hutson, City Secretary Oscar Trevino, Mayor 1 URWO ►J= Ill _[:a1197010iiiFA211l1xHi141vim George A. Staples, City Attorney M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. F.4 Selective Traffic Enforcement Program FY 2014 Grant - Resolution No. 2013 -014 Presenter: Andy Kancel, Assistant Police Chief Summarv: The Texas Department of Transportation (TxDOT) provides grant programs to support the mission of the Selective Traffic Enforcement Program (STEP), which is to reduce the number and severity of vehicular crashes throughout the state. The North Richland Hills Police Department has received notification from TxDOT that grant funds have been allocated under the STEP 2014 Program to reimburse for overtime hours incurred while conducting enforcement for speed compliance, increased DWI enforcement and intersection control. General Description: To receive the grant funds, the City of North Richland Hills is required to enter into a grant agreement with TxDOT. The City of North Richland Hills agrees to fund overtime for 928 projected additional man -hours targeting speed compliance, impaired drivers and intersection control throughout this period. The Police Department will seek reimbursement from TxDOT at the conclusion of each month for overtime and mileage costs incurred each month. The maximum amount of the grant is $68,978.29. The City's matching amount of $19,514.13 represents 28.3% of the total wages and 100% of the administrative costs for the program, vehicle costs, etc. The Grant becomes effective on the date of final signature of both parties and ends on September 30, 2014, unless terminated or otherwise modified. The attached resolution will authorize application for the grant and appoint the City Manager as the agent to act for the City relative to the grant. Recommendation: Approve Resolution No. 2013 -014 M RH RESOLUTION NO. 2013 -014 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: WHEREAS, The City of North Richland Hills, Texas possesses legal authority to apply for the STEP 2014 Program Grant and make appointments for the conduct of business relative to the Grant; and WHEREAS, The City Council of 'North Richland Hills finds it in the best interest of the citizens of North Richland Hills to provide for increased enforcement for speed compliance and additional enforcement hours targeting impaired drivers during fiscal year 2014. WHEREAS, The City Council of North Richland Hills finds that these two violations of the law unquestionably cause our citizens injury and property damage. WHEREAS, The City Council of North Richland Hills agrees to fund overtime hours to provide for this additional enforcement during fiscal year 2014, in anticipation of reimbursement from the Texas Department of Transportation as set forth in the Grant Agreement. WHEREAS, The City Council of North Richland Hills designates City Manager Mark Hindman as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. NOW THEREFORE BE IT RESOLVED, that the City Council of North Richland Hills approves submission of the grant for the STEP 2014 Program. PASSED AND APPROVED this the 12th day of August, 2013. CITY OF NORTH RICHLAND HILLS Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney City of North Richland Hills STEP 2014 BUDGET SUMMARY Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries $43,398.00 0 $43,398.00 (200) Fringe Benefits $6,066.16 $13,567.33 $19,633.49 Category I Sub- 'total $49,464.16 $13,567.33 $63,031.49 Category II - Other Direct Costs (300) Travel $0 $2,491.35 $2,491.35 (400) Equipment $0 $0 $0 (500) Supplies $0 $1,455.45 $1,455.45 (600) Contractual Services $0 $2,000.00 $2,000.00 (700) Other Miscellaneous $0 $0 $0 Category II Sub -Total $0 $5,946.80 $5,946.80 Total Direct Costs $49,464.16 $19,514.13 $68,978.29 Category III - Indirect Costs (800) Indirect Cost Rate $0 $0 $0 Summary Total Labor Costs $49,464.16 $13,567.33 $63,031.49 Total Direct Costs $0 $5,946.60 $5,946.80 Total Indirect Costs $0 $0 $0 Grand Totals $49,464.116 $19,514.13 $68,978.29 I Fund Sources (Percent Share) 1 71.71% 28.29% Texas Traffic Safety Pragram GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minim and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall fiirni the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A- 1101); OMB Circular A -87; OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the fiuture are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(x) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget, specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with Attachment E, Traffic Safety Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or I11) in the approved Project Budget without a grant (budget) amendment, as long as the oventin does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department prior to the Request for Reimbursement being approved. This notification must be in the form of an attachment to the Request for Reimbursement that covers the period of the overrun. This attachment must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In Attachment E of the Grant Agreement, Traffic Safety Project Budget (Form 2077 -LE), Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, " PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrim funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, " PI &E Activities." The TxDOT amount for Subcategory B, " PI&E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with nmderrun finds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with Attachment E, Traffic Safety Project Budget, within the time frame specified in the Grant Period on page 1 of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT fiends cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Institutions of Higher Education; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in Attachment D, Action Plan, within thirty (30) days after the end of the billing period. The Subgrantee will use billing forms acceptable to the Department. The original Request for Reimbursement, with the appropriate backup documentation, must be submitted to the Department address shown on Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for Reimbursement without backup documentation, must be submitted to this same address. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty -five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period, which is specified on page 1 of this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient finding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE S. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the parties within the Grant Period, as specified on page 1 of this Grant Agreement. ARTICLE G. ADDITIONAL WORD AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work . will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action Plan, the Subgrantee shall submit a performance report using forms provided or approved by the Department. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPS), performance reports must be submitted monthly. The performance report will include, as a minim (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance and Administrative Evaluation Report electronically within thirty (30) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE S. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified on page l of this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a goverment entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern.. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified on page 1 of this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal fiords are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non- Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract corder this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona tide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Suubgzantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own properly management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department.. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department. ARTICLE 22. CIVIL RIGHTS COMPLL4NCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally - assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination : The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal hinds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal finds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a dime (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrarntee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Older 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded tinder this Grant Agreement to certify its eligibility to receive federal grant fiends, and, when requested by the Department, to fin a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non -profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Lender Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http:llwww. dot .state.tx.us /cso /default.htm. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e -mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, . targets achieved) • Document any progress towards self - sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department - approved grant management training. D. Attend meetings according to the following:. 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district- managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state fiends. J. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356.. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety AdministrationlIntemational Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.buckleur)texas.com . M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. F.5 Consider Ordinance Amending Section 98 -142 of the North Richland Hills Code of Ordnances Adopting an Additional Amendment to the 2006 Residential Code - Ordinance No. 3262 Presenter: Dave Pendley, Building Official Summarv: The proposed Ordinance No. 3262 is a housekeeping measure that modifies the 2006 International Residential Code by providing a means for city staff to gain entrance to a rental property that happens to be occupied. General Description: The City of North Richland Hills ( "City ") adopted Ordinance No. 3162 (effective October 24, 20111) which requires an owner of a "residential rental unit" to obtain a Certificate of Occupancy ( "CO ") prior to the unit being occupied by a new tenant. In order to obtain the CO, the Building Official must inspect the unit for compliance with the city's Code of Ordinances ( "Code "). There are three narrow exceptions to this requirement: (1) if the unit is occupied by a member of the owner's immediate family; (2) if there was a necessity to rent the unit to prevent foreclosure or similar economic hardship; and (3) if the unit was inspected within the prior year and no complaint has been received regarding such unit. The ordinance itself is silent as to the issue of how the building official will get access to the property to perform the inspection, although obviously the owner could consent. The International Residential Code which this ordinance amends has a provision ,providing for remedies provided by law if entry into an unoccupied building is refused, but is silent as to any remedy if the premises are occupied. Case law indicates that a requirement for the owner to consent subjects him to a warrantless search which violates the US Constitution's protection against unreasonable searches and seizures. This is easily addressed by providing for an administrative search warrant. An amendment has been drafted. Recommendation: Approve Ordinance No. 3262 NRH A]NI]I►1.►'[a] :8 I'll [e][s3►.l*3 AN ORDINANCE AMENDING SECTION 98 -142 RICHLAND HILLS CODE OF ORDINANCES, ADDITIONAL AMENDMENT TO THE 2006 RESIDENTIAL {CODE, PROVIDING FOR ESTABLISHING A PENALTY; AUTHORIZING PI ESTABLISHING AN EFFECTIVE DATE. OF THE NORTH ADOPTING AN INTERNA TIONAL SEVERABILITY; JBLICATION AND WHEREAS, the North Richland Hills City Council has previously adopted the 2006 International Residential Code with amendments recommended by the North Central Texas Council of Governments and other amendments proposed by staff in order to better provide for the safety of its residents and their property; WHEREAS, the North Richland Hills City Council desires to adopt an additional amendment to the 2006 International Residential Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 98 -142 of the North Richland Hills Code of Ordinances be amended by amending Exhibit "A" to add an additional amendment to the 2006 International Residential Code to read as follows "** Amend section R104.6; change to read as follows: R104.6 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official or his designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If entry is refused by the occupant, the building official shall have recourse to the remedies provided by law to secure entry. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused by the owner or other person having charge or control of the structure or premises, the building official shall have recourse to the remedies provided by law to secure entry." Section 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 3: Any person, firm or corporation violating any provision of this ordinance 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 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as provided by law. Section 5: This ordinance shall become effective immediately upon passage. AND IT IS SO ORDAINED. PASSED AND ADOPTED on 12th day of August 2013. la ATTEST: Patricia Hutson, City Secretary 11 WKS] M k , 15C A 11:1NDUIW- Al`I ell: III Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Dave Pendley, Building Official M KH COUNCIL MEMORANDUM From The Office of the City Manager Subject: Agenda Item No. F.E Consider Appointments Committee Date: 8 -12 -2013 to the Economic Development Advisory Presenter: Craig Hulse, Economic Development Director Summarv: The Economic Development Advisory has three members whose terms expire in August 2013. All three members have expressed their willingness to continue their service. General Descrirstion: In 1998 City Council created this Committee as a way to maintain good communications with existing employers while providing feedback to Economic Development staff on key topics that impact local businesses and the local economy. Members consist of business leaders that serve staggered, two year terms. The Economic Development Advisory has three members whose terms expire in August 2013. All three members have expressed their willingness to continue their service. They are: Cindy Brewington — Edward Jones Investments Randy Moresi — North Hills Hospital Mark Wood — Howe Wood & Company Recommendation: Approve the reappointment of Ms. Cindy Brewington, Mr. Randy Moresi and Mr. (Mark Wood to the Economic Development Advisory Committee whose terms will expire August 2015. M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. F.7 Appointments to Red Light Camera Advisory Committee Presenter: Patricia Hutson, City Secretary Summarv: Council is being asked to approve the annual appointments to the Red Light Advisory Committee. General Description: In accordance with State Law and Article X of Chapter 54 of the North Richland Hills Code of Ordinances, the Mayor and each member of Council is required annually to appoint an individual to serve on the Red Light Camera Advisory Committee. The committee's purpose is to advise the Council on the installation and operation of a photographic traffic signal enforcement established under Article X of Chapter 54. The Council members have submitted the following names for appointment to the Red Light Advisory Committee. Their terms of office will expire June 30, 2014. Mayor Trevino Jim Bowen Mayor Pro Tern Rodriguez Bob McCary Councilwoman Wright Oujesky Scott Wood Councilman Lombard Charlie Ott Councilman Barth Steve Koons Councilman Whitson Jerry Tyner Councilman Turnage Pam Hansen Councilman Welch Karen Williams Recommendation: Approve the appointments to the Red Light Advisory Committee submitted by the Council, term expiring June 30, 2 014. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. G.0 EXECUTIVE SESSION ITEMS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda ? RESOLUTION NO. 2013 -019 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, DECLARING THE 6 NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO LAND DESCRIBED HEREIN, AND AUTHORIZING THE 8 ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE PUBLIC USE AND 10 PURPOSE OF A PUBLIC ROADWAY, PUBLIC SIDEWALK AND PUBLIC PARKWAY, AND 12 AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE 14 THE PROPERTY. 16 WHEREAS, the City Council of the City of North Richland Hills, Texas ( "City Council "), has determined that the property described in Exhibits A and B 18 hereto, is appropriate for use by the City of North Richland Hills for the public use and purpose of a public roadway, public sidewalk and public 20 parkway and that there exists a public necessity to acquire the property herein described, for such public project; and 22 WHEREAS, the City Council desires to acquire the property described in Exhibits A ?4 and B hereto for the aforementioned public uses because such property is necessary for completion of the public use and purpose of a public 26 roadway, public sidewalk and public parkway, in the City of North Richland Hills, Texas; and 28 WHEREAS, the City Council finds that all necessary steps to acquire the needed 30 property interests, including but not limited to the retention of appraisers, engineers and other consultants and experts, and that a bona fide offer in 32 the amount of the appraisal has been offered the owners and that the Landowner Bill of Rights has been tendered to the owners and that the 34 City's representatives have attempted to negotiate the purchase price but that such negotiations have been unsuccessful and that it is 36 necessary to institute condemnation proceedings to acquire the property described in Exhibits A and B hereto; NOW THEREFORE, 38 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH 40 RICHLAND HILLS, TEXAS, THAT: 42 Section 1: All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council of the City of North 44 Richland Hills, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. 46 Section 2: The City Council hereby finds and determines that a public purpose and 48 necessity exists for the City of North Richland Hills to acquire the 1 ? property described in Exhibits A and B hereto for a public use, to wit a public roadway, public sidewalk and public parkway, all as part of said 4 public roadway, public sidewalk and public parkway project, and to acquire the necessary property rights in such described property from the 6 owner of such property, JMB Income Properties, Ltd. — X and any lienholder(s) and /or parties in interest. 8 Section 3: The City Attorney, or designee, is authorized and directed to acquire the 10 required property rights for the City of North Richland Hills, and to acquire said rights in compliance with law. Moreover, the City Attorney, 12 or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights including to institute 14 proceedings in eminent domain. 16 PASSED AND APPROVED on the 12` day of August, 2013. 18 CITY OF NORTH RICHLAND HILLS 20 22 By: Oscar Trevino, Mayor 1 4 26 ATTEST: 28 30 Patricia Hutson, City Secretary 32 APPROVED AS TO FORM AND LEGALITY: 34 36 George A. Staples, Jr., City Attorney 2 LEGAL DESCRIPTION BEING 0.212 acre of land located in the W. W. WALLACE SURVEY, Abstract No. 1606, Tarrant County, Texas, and being a portion of the tract of land conveyed to JMB Income Properties, Ltd. by the deed recorded in Volume 8051, Page 316 of the Deed Records of Tarrant County, Texas. Said 0.212 acre of land being particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod marked "Brittain & Crawford ", set at the East corner of Lot 1, Block E, CALLOWAY FARM ADDITION, to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 1590 of the Plat Records of Tarrant County, Texas and said point lying in the North boundary line of Lot 1 R, Block D CALLOWAY FARM ADDITION, to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Volume 388 -186, Page 78 of the Plat Records of Tarrant County, Texas; THENCE N 42 23'46" W 186.72 feet, along the Northeast boundary line of said Lot 1, Block E, to an "X" cut in concrete, set at the North corner of said Lot 1, Block E, lying in the Southeast right -of -way line of State Highway No. 26 (Grapevine Highway); THENCE N 47 36' 14" E 49.76 feet, to a PK nail, set in the Southwest boundary line of aforesaid Lot 1 R, Block D; THENCE S 42° 23'46" E 167.10 feet, along the Southwest boundary line of said Lot 1R, Block D, to a PK nail, set at the beginning of a curve to the right; THENCE SOUTHWESTERLY 31.42 feet, along said curve to the right having a radius of 20.00 feet, a central angle of 90° 00' 00" and a chord bearing S 02° 36' 14" W 28.28 feet, to a PK nail, set at the end of said curve; THENCE S 48 W 29.76 feet, to the POINT OF BEGINNING containing 0.212 acre (9,219 square feet) of land. G: \2012 \LEGALS \KH \NRH City Hall 0.212 acre ND H FLOOD NOTE: BRITTAIN &CRAWFORD RICH ND ... NO PORTION OF THIS PROPERTY LIES WITHIN A NEAR FLOOD LAND SURVEYING & TOPOGRAPHIC MAPPING i HAZARD ZONE, ACCORDING 70 THE NATIONAL FLOOD INSURANCE PROGRAM'S FLOOD INSURANCE RATE MAP FOR TARRANT COUNTY, (ell) sm -o211 - .-. (en) TEXAS, AND INCORPORATED AREAS, COMMUNITY -PANEL NUMBER FAx No (817) 926 - 9347 48439CO205K, MAP REVISED SEPTEMBER 25, 2009. P.d WX 11374 • 3908 SIXTH TRLLwaT roar e-TH. n:wa 7d1 10 a coon: mmme6dam�- �o.fom.wm B1fE HURST D LEGAL DESCRIPTION VICINITY MAP NOT TO SCALE BEING 0.212 acre of land lo-Aled In We W. W. WALLACESURVEY,ADatracl No. 180E Tananl County, Texas, antl beMp a portion d the vad d Medconveyed a JMB Inmme Prdpw1b Ltd. by the deed recorded M Volume 8051, Page 3Md the Deetl RewNa dTarranl Count', Texas. Sold 0.212 Mae d ]antl b,]N perBUYdy desoibed by melee end bounds as lell : WE DAK 2 -15 (50')Q BEGINNING A 1 ?Iron rod marked'Britaln 6 Crawford, sM at the East comer of Wt 1, Black E, CALLOWAY FARM ADDITION, to the Cry tllbdtr RkNentl XIIY, TertaM County, Taxes /v - IRON ROD FOUND c dingWMeplatrec WMC:b A,SWO1590dtMPYl Rec ofTarranl y ( 1/2 WITH AN ALUMINUM CAP so Count', Te ac end sand pdn[ y p H the NaI boundary Ina d Lol 1R, Bbd D tit �V� STAMPED RPLS 4873) CALLOWAY FARM ADDITION, b she ClydNmOh Richland Hills, Tarrant County, Texas OLIVE OAK 18 (40) seeming b she plat recorded In Volms SWISS, Pep. 78 or she Plat Record. of Tenant THENCE N 02' 23 W 186.72 feet done the NoMeasl boundary Me of said Lot / 1, Block E,ban'X ^td MCOncrele,cd et the Nwlhomerde.M 1p t, Black E, IyMg Mih. �` .`` _i 19•' 9 0 / \ C LIGHT Sculheast dghd l ay I of State Highway No. 26 (G 4h Wm HlghwayY. STANDARD OLNE OAK 18 (4D') BASE \ THENCE N47'36'ICE 49.76 Wt. ba PK d H. set In she Soutbvasl boundary Ina ab.seld Lot 1R, Blod D; PK •- a THENCE S42'23'46'E 187.10 feel, Meng Y Soutbvest boundary Me dsaid Lot 1 R. $ff Bock D, to a PK nag, set at the beginning of a curve b We right. THENCE SOUTHWESTERLY 31A2 b.t, ebne mM WM o the dght hm" a radius d 20.0 IeaLacenirM angle of9m W'00'andacwrd beedrg902 '36'14'W 28.28betbaPKoall,edet YOLD 0 me and of said curve; SIGN f l J 4 •l," \ fd. T �q, THENCE S 48'20' 24'W 29.]8 teat, b the POINT T OF BEGINNING conMl 0.212 acre SET 80 Q 1.D• (9,219 square fe.g land. Ofd O_ + LIGHT . - - / A� LI � 0212 AC (9,219 SQ. PT.) �j sr�uARD awA.` O �p q 0.7' \ •J` O °o.. PK NAM. R =20.00' \ / LOT f, BLOCK £ +� r e @ J SET L:81.42' ' CALLOWAY FARM ADDIRON , CAB. A, SL. 1590 9 a CH =S 02 if P. R. T. C. T. 28.28' & �} PK NA0. SET CERTIFICATION Sf TO: THE CITY OF NORTH RICHLAND HILLS; O F R The undersigned does hereby certfly that a survey was this day made on the gro und on 9 D the property legally described hereon or In attached Rdd notes prepared by the / undersigned, and Is correct; that there are no visible dscrepandes, Conflicts, shortages AC N NAP LEGEND: SGV - SPRINKLER VALVE CONTROL O erlapping d improvements, visible - R - �' AS - RRE C SYSTEM SYSTEM AUU S TO SPRINKLER SLT -LIG SHHT T STATAf NOARO SEWER CIFiWOL1T r' In area, bounda fine conflicts, encroachments, Dv easements Or rlghis -Of -Way, except as shown on the pal hereon; that said property has BC - BRICK COLUMN SP - STEEL POST 'BOLLARD• POINT OF BEGINNING amen to and from a public roadway; and, that the plat hereof correct is a true, co and CC - CONCRETE COLUMN SV - SPRINKLER VALVE (1 /2' WON ROD MARKED accurate representation of the property described herdnabove. Further, the undersigned CYP - CORRUGATED METAL PIPE T SB_ - TELEPHONE PANEL 'BItl1TNN A CRAWFORD% SET) hereby celafles that he has calculated the quantity of lend or acreage Contained within GI E BOX 758 - TRAFFIC SIG BOX - INLET - NAL G GRATE WIEf PP -POWER POLE o the bast shown on this plat of survey and described hereon or In said attached field GM - CAS METER RCP - RONFORCED CONCRETE PIPE / notes, and certifies that the quantity of land shown Is mrrecl. No portion of this property GR - GUARD RAIL WY - WATER METER HR le totaled wIB11n a 100.year flood hazard area. - HAND UAL WW - WINGWALI. /o JAHSS - SAN. SEWER MANHOLE W -VA - WATER VAULT MHTEL - TELEPHONE MANHOLE WV - WATER VALVE / / o SURVEYED ON THE GROUND I DECEMBER 28, 2012 �� ti P.�gt cgfa 0 CHRIS L. BLEVINS 81•� TB •. ....................... RIS L. BLEVINS Z V o l 166. 1 / / A 5)92 it REGISTERED PROFESSIONAL a / Ja' ill.' T f 9^;•:cs 5;: y -.f 0� LAND SURVEYOR .b C R' O SURNE STATE OF TEXAS NO. 5792 x / GALLOWAY F SURVEY MAP LOT IR, I. A B ARM ADO /1 OF 78 O / ' Va. BBB R.T.0 7B 0.212 ACRE OF LAND P.R.XC. r. / LOCATED IN THE T W.W. WALLACE SURVEY ABSTRACT No. 1606 10 0 10' 20' 30• NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS GRAPHIC SCALE: 1 = 10' (J.U.) ... Projects\ KH -NRH -CITY HALL \KH -NRX -CITY HR.L- Boundary Survey -50 Foot Stdp.d.q M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. H.0 INFORMATION AND REPORTS M RH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject: Agenda Item No. H.1 Announcements - Councilman Turnage Announcements Registration is underway for adult softball leagues. The fall softball season begins September 9th. To sign up or get more information, visit the Athletic Division website or c a l l 817- 427 -6619. The City reminds residents that Stage 1 water conservation is in effect. Outdoor watering is limited to no more than twice per week based on address. Watering is also prohibited between 10 a.m. and 6 p.m., except when watering by hand or soaker hose. For more information, please visit our website or call the Water Conservation Hotline at 817- 427 - 6450. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize. Joyce Fister of the Neighborhood Services Department - A resident emailed thanks and appreciation for Joyce, who took time out of her weekend to assist him. The resident said he was unable to come by the Neighborhood Services Office during normal business hours to pick up a voucher for disposing of hazardous waste. Joyce made arrangements to come in on a Saturday morning to help him. "The citizens of North Richland Hills are fortunate to have an employee such as Joyce serving their needs," he said. M KH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 8 -12 -2013 Subject Agenda Item No. H.2 Adjournment