The URL can be used to link to this page

Home My WebLink AboutCC 2014-01-13 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY COUNCIL WORKROOM 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 13, 2014 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Animal Shelter Project Update (15 Minutes) A.2 City Hall Project Update (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Appointment, Employment, and Duties of Public Employees to wit City Secretary C.0 Adjournment Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on January 10, 2014 at 5:02_ p.m. ist:' 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 — January 13, 2014 Page 1 of 4 CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, January 13, 2014 7:00 P.M. Hard copies of the full City Council agenda information packet are accessible prior to every regularly scheduled Monday Council meeting according to the following locations and schedule: ❑ City Hall on the day of the meeting Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 10 a.m. the day of every regularly scheduled Council meeting. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Recognizing Jared Miller former Assistant City Manager A.4 Special Presentation(s) and Recognition(s) Keep NRH Beautiful Christmas Lighting Winners presented by Mayor Pro Tem Rodriguez A.5 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.6 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 City Council Agenda — January 13, 2014 Page 2 of 4 requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of December 9, 2013 City Council Meeting B.2 Approve Investment Strategy and Investment Policy - Resolution No. 2014 -001 B.3 Authorize Jurisdictional Law Enforcement Agreement with Tarrant County College District B.4 Authorize a one year contract extension with Republic Waste Services of Texas, LTD. for solid waste and recycling services C.0 PUBLIC HEARINGS C.1 SUP 2013 -06 Public Hearing and Consideration of a request from Ralph Schwab for a Special Use Permit for an Accessory Structure larger than 500 square feet on 2.23 acres located at 8713 Stewart Drive - Ordinance No. 3290 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -10 Consideration of a request from Montage Development for a Final Plat of Steward Estates, 15 residential lots and 2 open space lots on 5.508 acres located at 6721 Crane Road D.2 RP 2013 -13 Consideration of a request from Claymoore Engineering for a Replat for Lots 2R1 and 2R2, Block 1, Davis -North Tarrant Parkway Addition on 15.394 acres located at 8450 Davis Boulevard E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 Authorization for construction contract for new animal shelter and approving project change order #1 F.2 Award Bid # 14 -007 for Bayou Banquet Decking Material at NRH2O to Home Depot in the Amount of $60,631.40 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 City Council Agenda — January 13, 2014 Page 3 of 4 H.1 Announcements - Councilman Barth H.2 Adjournment All items on the agenda are for discussion and /or action. Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on January 10, 2014 at `61. tYL. p.m. This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817 - 427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City Council Agenda — January 13, 2014 Page 4 of 4 City of North Richland Hills Work Session Work Session Meeting Agenda North Richland Hills City Hall City Council Workroom 7301 Northeast Loop 820 North Richland Hills, TX 76186 Monday, January 13, 2014 6:00 P.M. A.0 Discuss Items from Regular City Council Meeting A.1 Animal Shelter Project Update (15 Minutes) A.2 City Hall Project Update (15 Minutes) B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the followinq as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Appointment, Employment, and Duties of Public Employees to wit City Secretary C.0 Adjournment N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.0 Discuss Items from Regular City Council Meeting NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.1 Animal Shelter Project Update (15 Minutes) Presenter: Jimmy Perdue, Public Safety Director Summary: Staff will provide a follow -up to the previous discussions on the cost to construct the new animal shelter. General Description: During the last City Council work session, staff presented the current project cost for the construction of the new NRH Animal Adoption and Rescue Center. Due to the construction bids coming in over budget, staff was directed to seek options to reduce the cost of the facility. The presentation will provide the City Council with options to allow the project to proceed. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.2 City Hall Project Update (15 Minutes) Presenter: Jimmy Perdue, Public Safety Director Summary: Staff will provide the City Council with an update on the status of the City Hall construction project. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 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 N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. B.1 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Appointment, Employment, and Duties of Public Employees to wit City Secretary N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 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 76186 Monday, January 13, 2014 7:00 P.M. A.0 CaII to Order - Mayor Trevino A.1 Invocation - Councilman Turnage A.2 Pledge - Councilman Turnage A.3 Special Presentation(s) and Recognition(s) - Recognizing Jared Miller former Assistant City Manager A.4 Special Presentation(s) and Recognition(s) Keep NRH Beautiful Christmas Lighting Winners presented by Mayor Pro Tem Rodriquez A.5 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.6 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 December 9, 2013 City Council Meeting B.2 Approve Investment Strategy and Investment Policy - Resolution No. 2014 -001 B.3 Authorize Jurisdictional Law Enforcement Agreement with Tarrant County College District B.4 Authorize a one year contract extension with Republic Waste Services of Texas, LTD. for solid waste and recycling services C.0 PUBLIC HEARINGS C.1 SUP 2013 -06 Public Hearing and Consideration of a request from Ralph Schwab for a Special Use Permit for an Accessory Structure larger than 500 square feet on 2.23 acres located at 8713 Stewart Drive - Ordinance No. 3290 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. D.1 FP 2013 -10 Consideration of a request from Montage Development for a Final Plat of Steward Estates, 15 residential lots and 2 open space lots on 5.508 acres located at 6721 Crane Road D.2 RP 2013 -13 Consideration of a request from Claymoore Engineering for a Replat for Lots 2R1 and 2R2, Block 1, Davis -North Tarrant Parkway Addition on 1 5.394 acres located at 8450 Davis Boulevard E.0 PUBLIC WORKS F.0 GENERAL ITEMS F.1 Authorization for construction contract for new animal shelter and approving project change order #1 F.2 Award Bid # 14 -007 for Bayou Banquet Decking Material at NRH2O to Home Depot in the Amount of $60,631.40 G.0 EXECUTIVE SESSION ITEMS G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda H.0 INFORMATION AND REPORTS H.1 Announcements - Councilman Barth H.2 Adjournment N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.0 CaII to Order - Mayor Trevino N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.1 Invocation - Councilman Turnage N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.2 Pledge - Councilman Turnage N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.3 Special Presentation(s) and Recognition(s) Recognizing Jared Miller former Assistant City Manager NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.4 Special Presentation(s) and Recognition(s) Keep NRH Beautiful Christmas Lighting Winners presented by Mayor Pro Tem Rodriguez Presenter: Kathy Luppy Keep NRH Beautiful annually recognizes residents for beautifully decorating the outside of their homes during the holiday season. The 2013 Christmas Lighting winners are: Area 1: Charles & Dianna Darden, 6616 Briley Drive Area 2: Rick & Penny Frazier, 4415 Mackey Area 3: Paul & Judy Paschall, 4809 Fairway Area 4: Robert Simmons, 7437 North Richland Boulevard Area 5: Gary & Dianne Spradling, 8609 Lantana Area 6: Chuck O'Toole, 7141 Goodnight Ranch Road Area 7: Cameron & Nicole Weiss, 7205 Stoneybrooke Area 8: Ashlee & Mike Kelley, 7603 Douglas Area 9: Steven & Tamra Pfeifer, 8200 Wood Ridge Drive N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.5 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. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. A.6 Removal of Item(s) from the Consent Agenda N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. 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. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. B.1 Approval of Minutes of December 9, 2013 City Council Meeting Presenter: Patricia Hutson, City Secretary Recommendation: To approve the minutes of the December 9, 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 — DECEMBER 9, 2013 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 9th day of December 2013 at 6:00 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Staff Members: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Scott Turnage Tim Welch Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples Mary Peters John Pitstick Larry Koonce Stan Tinney JoAnn Stout Chris Amarante Craig Hulse Kyle Spooner Mark Mills Kirk Marcum Chun Mezger Clayton Comstock Mike Hamlin Mike Young Don Wertzberger Absent: David Whitson Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary City Attorney Public Information Officer Director of Planning & Development Finance Director Fire Chief Neighborhood Services Director Director of Facilities & Construction Economic Development Director Information Services Director Budget Director Assistant Fire Chief Humane Services Supervisor Senior Planner Assistant Police Chief Police Captain Project Manager Council, Place 5 Call to Order Mayor Trevino called the work session to order at 6:00 p.m. A.0 Discuss Items from Regular City Council Meeting There were no questions from the Council. A.1 Animal Adoption and Rescue Center Update and Discussion Mr. Hindman recapped the history of the proposed new Animal Adoption and Rescue Center facility approved by the voters in the 2003 bond election and the funding for the facility. Construction bids for the project were opened in October and the bids were higher than projected due to changes in market conditions. Chief Perdue reviewed the current design for the facility and discussed with Council possible options for consideration. After considerable discussion, Council consensus was for Staff to work with the best value bidder and discuss options to reduce the cost of the project. B.0 EXECUTIVE SESSION - The City Council may enter into closed Executive Session to discuss the following as authorized by Chapter 551, Texas Government Code B.1 Executive Session: Pursuant to Section 551.071 Texas Government Code to consult with city's attorney to seek advice about pending or contemplated litigation; or a settlement offer; or on a matter in which the duty of the attorney to the governing body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code B.2 Executive Session: Pursuant to Section 551.072, Texas Government Code to deliberate the purchase, exchange, lease or value of real property in the south sector of the city B.3 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment. Evaluation, Duties of Public Employees - City Secretary Mayor Trevino advised that due to time constraints Council would not be able to complete their discussion of the three executive session items prior to the Council meeting. Council will adjourn to Executive Session and begin discussion, and will recess Executive Session for the regular council meeting and then following the regular meeting reconvene in Executive Session to finish discussion. Mayor Trevino announced at 6:50 p.m. that the Council would convene into Executive Session as authorized by Chapter 551, Texas Government Code, pursuant to the following sections: 1) Section 551.071 to consult with attorney to seek advice about pending or contemplated litigation; or on a matter in which the duty of the attorney to the city council under Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code; 2) Section 551.072 to deliberate the purchase, exchange, lease or value of real property in the south sector of the city; and 3) Section 551.074 for personnel matters to deliberate the employment, evaluation, duties of public employees, specifically City Secretary. RECESS TO REGULAR SESSION Mayor Trevino recessed the work session at 7:00 p.m. and announced that Council would convene into Regular Session and would return after Regular Session to continue discussion of the Executive Session items. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order December 9, 2013 at 7:06 p.m. Present: Absent: ROLL CALL Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Scott Turnage Tim Welch Staff: Mark Hindman Karen Bostic Jimmy Perdue Mike Curtis Vickie Loftice Patricia Hutson George Staples David Whitson Mayor Mayor Pro Tem, Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 Council, Place 7 City Manager Assistant City Manager Director of Public Safety Managing Director Managing Director City Secretary Attorney Council, Place 5 The Council recognized Jackson Bradshaw, Troop 905. Mr. Bradshaw is working on his Citizen in Community and Communications merit badges. A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance assisted by Jackson Bradshaw, Scout Troop 905. A.3 SPECIAL PRESENTATION AND RECOGNITIONS) 2013 United Way Campaign Presentation Karen Bostic, Assistant City Manager, introduced Sharon Davis, Assistant Parks and Recreation Director and chair of the 2013 United Way Campaign Sharon Davis, United Way Committee Chair, advised this year's United Way campaign goal was $38,000 and the employees raised a total of $42,171.98 during the campaign. The members of the 2013 United Way Campaign Committee were recognized. Because of the inclement weather, the representative from Tarrant County United Way was unable to be present to receive the check. None. None. A.4 CITIZENS PRESENTATION A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF NOVEMBER 11, 2013 CITY COUNCIL MEETING B.2 APPROVE A RESOLUTION AUTHORIZING AND ENDORSING THE APPLICATION FOR THE 2014 "OUR TOWN" GRANT PROGRAM BY THE NATIONAL ENDOWMENT FOR THE ARTS FOR VARIOUS CREATIVE PLACEMAKING PROJECTS ASSOCIATED WITH THE NEW CITY HALL - RESOLUTION NO. 2013 -023 B.3 APPROVE CONTRACT WITH SHI GOVERNMENT SOLUTIONS FOR MICROSOFT ENTERPRISE SOFTWARE AGREEMENT COUNCILMAN LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS C.1 SUP 2013 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RSMC PROPERTIES, LLC FOR A SPECIAL USE PERMIT FOR A BAR/TAVERN LOCATED AT 5209 RUFE SNOW DRIVE - ORDINANCE NO. 3285 Mayor Trevino opened the public hearing. Mr. Ron McFarland, applicant and owner of the property at 5209 Rufe Snow, appeared before the Council. Mr. McFarland requested a special use permit for a bar /tavern which will allow him to continue to operate Sparks Sports Bar as a smoking establishment after January 1 when the new smoking ordinance goes into effect. Mr. McFarland advised that Sparks Sports Bar has been operating for eight years as an over 21 smoking sports bar and restaurant. Because of alcohol regulations requiring restaurants /bars deriving 75 percent or more of total revenue from the sale of alcoholic beverages for on- premise consumption to obtain a special use permit, Mr. McFarland has been operating the sports bar in conjunction with shared revenues with Dickey's Barbeque. Under the new smoking regulations, SUP - approved bars /taverns are exempted from the "no smoking" regulations. Mr. McFarland is requesting to separate the restaurant from the sports bar and the SUP permit will allow him to operate as a bar /tavern as a smoking establishment and exceed the 75% percent threshold for alcohol sales. Sparks will be separated from the restaurant with separate entrances and restrooms. Mr. John Pitstick, Director of Planning, presented Staff's report and evaluation of the request and the Planning and Zoning Commission's recommendation for approval. Council was advised the applicant had agreed to add landscaping in the front as part of the special use permit to conform to the recently approved Grandy's improvements. The Planning and Zoning Commission's general discussion regarding their recommendation of approval included: 1) Sparks Sports Bar has existed as an ongoing neighborhood bar separate from a restaurant for several years without any concerns or enforcement issues. 2) The Commission saw a need within the community for allowing separate smoking establishments for local adult residents who are now not able to smoke in public buildings or restaurants. 3) Their recommendation was also based on the large size of the existing building and the ability to fully occupy the building with two land uses. Full separation between a restaurant and a bar allows for occupancy of the entire building and allows adult smokers to smoke in the bar and protection of individuals and families who do not smoke in a "smoke free" restaurant environment. Staff does not have a recommendation primarily because this is the first request in the city for a bar/tavern. However, if Council is supportive of the bar/tavern designation, the Planning & Zoning Commission recommended that the bar/tavern be limited to the current 4600 square footage of Sparks Sports Bar. Mayor Trevino called for public comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN WELCH MOVED TO APPROVE SUP 2013 -09, ORDINANCE No. 3285, WITH THE REQUIREMENT OF LIMITING SPARKS TO THEIR CURRENT 4,600 SQUARE FOOTAGE, WITH THE LANDSCAPING REQUIREMENTS AND ADDITIONAL RESTROOMS. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.2 SDP 2013 -01 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HAMILTON CONSULTING, LLC FOR A SPECIAL DEVELOPMENT PLAN CONTAINING SOME FRONT -ENTRY GARAGE UNITS AT THE BRIAR POINTE TOWNHOMES LOCATED ON 1.998 ACRES AT 8328 AMUNDSON DRIVE - ORDINANCE NO. 3286 APPROVED Mayor Trevino opened the public hearing. The applicant, Mr. Keith Hamilton, Hamilton Consulting, came forward to present the request. Mr. Hamilton reviewed the history of the 1.66 -acre development and its inactivity since the housing market decline. The developer has since acquired an additional .44 acre that was not part of the original RI -PD and the City has rezoned the property to be within the General Mixed Use Character Zone of the Smithfield Transit Oriented Development District. Mr. Hamilton has been approached by Innovation Builders to develop the 1.998 acres with a townhome /duplex product. The purpose of the Special Development Plan request is to allow front -entry garages on 6 of the 17 planned lots. The six lots back up to Dick Faram Park and will be considered premium lots by the builder. The development will consist of 17 townhomes with a minimum square footage of 1,600 square feet and 85 percent masonry. The front entry garages on lots 11, 13 and 14 are to have separated - single doors with masonry column divide, all front -entry garage doors are to be decorative wood and driveways are to be decorative concrete. The front entry garages will be setback no more than 14.5 feet from street curb to deter residents from parking in driveways. Mr. Clayton Comstock, Senior Planner, presented Staff's report and the Planning and Zoning Commission's recommendation for approval. Mayor Trevino called for public comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE SDP 2013 -01, ORDINANCE NO. 3286 WITH THE STIPULATION THAT A RIBBON OF LANDSCAPE BE PLACED AT THE FRONT ENTRANCE OF THE FRONT ENTRY GARAGE UNITS. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. The City Attorney requested clarification on the ribbon of landscape. THE MOTION WAS MODIFIED TO REQUIRE THE LANDSCAPE STRIP TO BE A MINIMUM WIDTH OF 4 FEET WIDE WITH A DEPTH TO THE FRONT PROPERTY LINE. MOTION TO APPROVE AS MODIFIED CARRIED 6 -0. C.3 ZC 2013 -16 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH 100, FLP FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R -2 SINGLE FAMILY RESIDENTIAL FOR 13.026 ACRES LOCATED NEAR THE SOUTHWEST CORNER OF BELSHIRE DRIVE AND PRECINCT LINE ROAD - ORDINANCE NO. 3287 APPROVED Mayor Trevino opened the public hearing. Dustin Austin, 700 W. Harwood, Hurst, representing the applicant presented the item. The applicant is requesting a zoning change to R -2 Single Family Residential for a 13.026 -acre parcel. The parcel will be the final tract of Thornbridge East Phase 5 and 6 located south of Precinct Line and Belshire Drive and will consist of 43 residential lots with a detention pond at the southwest corner. Mr. John Pitstick, Director of Planning, presented staffs report and the Planning & Zoning Commission's recommendation for approval. The proposed R -2 zoning is not consistent with the Comprehensive Land Use Plan but the existing Thornbridge residential development has two street stubs into the area that suits the continued development of the Thornbridge subdivision. The site is also mid -block between intersections better suited for commercial development. It is the opinion of the Staff that a change of land use from "Neighborhood Service" and "Parks /Open Space" to "Low Density Residential" is appropriate as part of the zoning change request. Staff is therefore recommending approval of the ordinance with the change of the Comprehensive Land Use Plan. Mayor Trevino called for public comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. MAYOR PRO TEM RODRIGUEZ MOVED TO APPROVE ORDINANCE NO. 3287, ZC 2013 -16. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.4 ZC 2013 -22 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM RED ARCHITECTURE + PLANNING FOR A ZONING CHANGE FROM C -1 COMMERCIAL TO RD -PD REDEVELOPMENT PLANNED DEVELOPMENT FOR LOT A, BLOCK 4R, SNOW HEIGHTS NORTH ADDITION ON 0.5142 ACRES LOCATED AT 5100 RUFE SNOW DRIVE - ORDINANCE NO. 3288 APPROVED Mayor Trevino opened the public hearing. Mr. Kofi Addo, CEI Engineering Associates, representing the applicant presented the item. The applicant is requesting to change the zoning from C -1 Commercial to RD -PD Redevelopment Planned Development for a Chipotle Mexican Grill. The site cannot accommodate the required landscape setbacks and parking spaces and the RD -PD will allow for landscape and parking variances. The applicant has only been able to get 19 parking spaces on the site but has an agreement with Oncor to the use the paved area on the adjacent Oncor right -of -way for 11 additional parking spaces. Mr. Clayton Comstock, Senior Planner, presented Staff's report and the Planning and Zoning Commission's recommendation for approval. Mayor Trevino called for public comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILWOMAN WRIGHT OUJESKY MOVED TO APPROVE ORDINANCE NO. 3288, ZC 2013 -22. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.5 ZC 2013 -23 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM HOWE INVESTMENT COMPANY, LLC ON BEHALF OF WESLEY D. BANNISTER FOR A ZONING CHANGE FROM R -1 -S SPECIAL SINGLE FAMILY RESIDENTIAL TO R -2 SINGLE FAMILY RESIDENTIAL FOR A PORTION OF LOT 1, BLOCK 1, BANNISTER ESTATES LOCATED AT 7223 EDEN ROAD - ORDINANCE NO. 3289 APPROVED Mayor Trevino opened the public hearing. Mr. Keith Hamilton, representing Howe Investment Company, presented the request. The zoning change request is the result of the adjacent "Harmon Farms" development. The property is being subdivided and the back portion of the property is being contributed to Harmon Farms. The remaining lot will continue to serve as the Bannister's residence and will fall below the R -1 -5 zoning required minimum lot area of 1 acre. The proposed R -2 zoning will make it consistent with the remainder of the development and the lot will conform to current lot area requirements. Clayton Comstock, Senior Planner, presented Staff's report and the Planning and Zoning Commission's recommendation for approval. Mayor Trevino called for public comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN TURNAGE MOVED TO APPROVE ZC 2013 -23, ORDINANCE NO. 3289. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.6 TR 2013 -06 PUBLIC HEARING AND CONSIDERATION OF AMENDMENTS TO SECTION 118- 464(4A) TOWN CENTER SIGN TABLE FOR PERMITTING CERTAIN SIGNS PROJECTING FROM THE BUILDING FOR IDENTIFYING MULTIFAMILY DEVELOPMENTS IN THE TOWN CENTER ZONING DISTRICT - ORDINANCE NO. 3284 APPROVED Mayor Trevino opened the public hearing. Mr. John Pitstick, Director of Planning, presented the item. The purpose of the request is to amend the Town Center Sign Table to allow for a multifamily wall sign that is displayed above the first floor in a vertical manner that could project from the building. The vertical projection signs identifying the multifamily development would be allowed with the following stipulations: 1) no more than one projection sign per public street frontage; 2) no greater than 25 square feet in size; 3) projecting no more than 3.5 feet from the building; and 4) located above the first floor building facade. Mayor Trevino called for public comments in favor or opposition to the request. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCILMAN LOMBARD MOVED TO APPROVE ORDINANCE No. 3284. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.0 PLANNING & DEVELOPMENT Items to follow do not require a public hearing. D.1 RP 2013 -14 CONSIDERATION OF A REQUEST FROM BOMAC DAVIS INVESTMENTS, LLC FOR A REPLAT FOR LOTS 1R3, 2R, 3R, 7R, 8R, 9R AND 10, BLOCK 1, D.J. ANDERSON ADDITION ON 4.7320 ACRES LOCATED IN THE 8500 BLOCK OF DAVIS BOULEVARD APPROVED Mr. Brad Bowen, Trinity Partners Commercial Real Estate, Southlake, representing Bomac Davis Investments came forward to present the item. The applicant is requesting approval of a replat for the purpose of abandoning various access, drainage, and utility easements and to relocate them elsewhere on the property for a more efficient development layout and to respond to engineering documents. Mr. Clayton Comstock, Senior Planner, presented Staff's report and the Planning and Zoning Commission's recommendation for approval. COUNCILMAN WELCH MOVED TO APPROVE RP 2013 -14. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. No items for this category. E.0 PUBLIC WORKS F.0 GENERAL ITEMS F.1 AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC. IN THE AMOUNT OF $57,139.48 FOR THE PURCHASE OF EMERGENCY PUBLIC SAFETY RADIOS, BATTERIES, AND ACCESSORIES APPROVED Stan Tinney, Fire Chief, presented the item. Council is being requested to authorize the purchase of Emergency Public Safety radios, batteries, and accessories as part of the regular replacement process for equipment radio. COUNCILMAN LOMBARD MOVED TO AUTHORIZE PAYMENT TO MOTOROLA SOLUTIONS, INC. IN THE AMOUNT OF $57,139.48 FOR THE PURCHASE OF EMERGENCY PUBLIC SAFETY RADIOS, BATTERIES, AND ACCESSORIES AS PART OF THE REGULAR REPLACEMENT PROCESS FOR RADIO EQUIPMENT. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 AUTHORIZE PAYMENT TO PHYSIO - CONTROL, INC. IN THE AMOUNT OF $73,840.80 FOR THE PURCHASE OF TWO LIFEPAK 15 DEFIBRILLATORS APPROVED Stan Tinney, Fire Chief, presented the item. Council is being requested to authorize the purchase of two Lifepack 15 defibrillators. The defibrillators will replace defibrillators that are reaching the end of their life expectancy. COUNCILWOMAN WRIGHT OUJESKY MOVED TO AUTHORIZE PAYMENT TO PHYSIO- CONTROL, INC. IN THE AMOUNT OF $73,840.80 FOR THE PURCHASE OF TWO LIFEPAK 15 DEFIBRILLATORS. MAYOR PRO TEM RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 CAST A BALLOT FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS - RESOLUTION NUMBER 2013 -024 APPROVED Mr. Mark Mills, Director of Budget, presented the item. The purpose of the item is for Council to consider candidates for the Tarrant Appraisal District Board of Directors and to cast the City's allocated 38 votes for the candidate(s) of the Council's choosing. After a brief discussion, Council concurred with casting the City's allocated votes for John Eubanks COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION NO. 2013 -024, CASTING THE CITY OF NORTH RICHLAND HILLS' 38 ALLOCATED VOTES FOR JOHN EUBANKS. COUNCILWOMAN WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. 0.0 EXECUTIVE SESSION ITEMS G.1 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA ITEM B.2 THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY IN THE SOUTH SECTOR OF THE CITY Mr. Craig Hulse, Director of Economic Development, requested Council to authorize an agreement for economic development purposes for the purposes of facilitating Caliber Shooting Center. COUNCILMAN TURNAGE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ECONOMIC DEVELOPMENT PURPOSES WITH MYSTERE LIMITED PARTNERSHIP FOR THE PURPOSES OF FACILITATING CALIBER SHOOTING CENTER. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. H.0 INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Councilman Lombard made the following announcements. NRH2O's 2014 Season Passes are now on sale. Purchase before December 31st to receive a discount on the season pass, plus coupons and two free tickets for friends. For more information, please call 817 - 427 -6500 or visit www.nrh2o.com. City Hall and other non - emergency city offices will be closed for the holidays on December 25th and on January 1st. The December 23rd City Council Meeting has been canceled. The next meeting is scheduled for January 13th at 7 p.m. Kudos Korner — Tanya Hope at Municipal Court. A citizen from out of town sent a letter thanking Tanya for her helpfulness with a traffic citation. Despite the many times she must answer the same questions for information over the phone on a daily basis, Tanya was very personable and friendly and gave her all the information she required. She made the experience more pleasant than it could have been, the letter stated. H.2 ADJOURNMENT TO EXECUTIVE SESSION Mayor Trevino announced at 8:43 p.m. that Council would convene into Executive Session in the City Council Workroom. There will be no action needed as a result of Executive Session and the Council meeting will be adjourned in the Council Workroom following adjournment of Executive Session. 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.3 Executive Session: Pursuant to Section 551.074, Texas Government Code - Personnel: to Deliberate the Employment. Evaluation, Duties of Public Employees - City Secretary ADJOURNMENT Mayor Trevino adjourned the Executive Session at 9:00 p.m. and reconvened the regular session. Mayor Trevino announced there was no action required from Executive Session item B.3 and the meeting was adjourned at 9:00 p.m. Oscar Trevino — Mayor ATTEST: Patricia Hutson, City Secretary N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. B.2 Approve Investment Strategy and Investment Policy - Resolution No. 2014-001 Presenter: Larry Koonce, Finance Director Summary The Public Funds Investment Act ( "PFIA ") requires that the City Council review and adopt the City's Investment Strategy and Investment Policy annually. General Description: The City contracted with PFM Asset Management, LLC ( "PFM ") to provide Investment Advisory Services on October 1, 2009. PFM and City staff are annually reviewing the City's Investment Policy and Investment Strategy, ensuring the policy follows the guidelines of the Texas Government Code 2256, Public Funds Investment Act ( "PFIA "), as well as adhering to local policy. The annual review, as mandated by the PFIA, will occur each year before or after the City's new fiscal year begins. Any changes, edits or additions will always be guided by PFIA guidelines in the following order, Safety, Liquidity and Yield. There were no changes in the PFIA for 2014. Furthermore, there were no changes in the economic environment that would affect investment decisions. Therefore, the Investment Strategy and Investment Policy approved in 2013 will remain unchanged for 2014. Recommendation: Approve Resolution No. 2014 -001. NRr.H RESOLUTION NO. 2014 -001 WHEREAS, Chapter 2256, Texas Government Code requires that the governing body of all municipalities adopt an Investment Policy; and, WHEREAS, the City Council desires to conform to such requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the City of North Richland Hills hereby adopts the attached Investment Policy for the City of North Richland Hills. AND IT IS SO RESOLVED. PASSED AND APPROVED this the 13th day of January 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance CITY OF NORTH RICHLAND HILLS INVESTMENT STRATEGY JANUARY 13, 2014 PREFACE It is the policy of the City of North Richland Hills that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, and the adopted Investment Policy and Investment Strategy. In accordance with the Public Funds Investment Act (Texas Government Code 10, Chapter 2256), the City of North Richland Hills' investment strategies shall address the following priorities (in order of importance): • Understanding the suitability of the investment to the financial requirements of the City • Preservation and safety of principal • Liquidity • Marketability of the investment prior to maturity • Diversification of the investment portfolio • Optimization of interest earnings Effective investment strategy development coordinates the primary objectives of the City of North Richland Hills' Investment Policy and cash management procedures to enhance interest earnings and reduce investment risk. Aggressive cash management will increase the available "investment period" and subsequently interest earnings. Maturity selections shall be based on cash flow and market conditions to take advantage of various interest rate cycles. The City's investment portfolio shall be designed and managed in a manner responsive to the public trust and consistent with the Investment Policy. The City's Funds shall be analyzed and invested according to the following major fund types: I. Operating Funds II. Capital Improvement Funds III. Debt Service Funds IV. General Fund Balance Reserve V. Revenue Bond Reserves INVESTMENT STRATEGY In order to minimize risk of loss on a sale because of fluctuating market prices, investment maturities will not exceed the anticipated cash flow requirements of the funds. In general, the City will structure the investment portfolio so that investments mature to meet cash requirements for ongoing operations. From time to time, securities may be purchased at a 2 premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement secu rity: A. The yield has been increased, or B. The maturity has been reduced or lengthened, or C. The quality of the investment has been improved. Investment guidelines by fund type are as follows: I. Operating Funds The City of North Richland Hills Operating Funds are as follows: • General Fund • Special Revenue Funds o Special Investigation Fund o Drainage Utility Fund o Crime Control and Prevention District Fund o Promotional Fund a Economic Development Fund o Donations Fund o Parks and Recreation Facilities Development Fund o Grant Fund o Gas Development Fund o Traffic Safety Fund • Enterprise Funds a Utility Fund o Aquatic Park Fund a Golf Course Fund • Internal Service Funds o Facilities /Construction Management Fund a Fleet Services Fund o Self- Insurance Fund o Information Services Fund • Capital Projects Funds o General CIP Fund o Permanent Street Maintenance Fund o Sidewalk Maintenance Fund 3 • Component Units o Tax Increment Financing District 1 (TIF #1) o Tax Increment Financing District 2 (TIF #2) 1) Suitability - Any investment eligible in the Investment Policy is suitable for the Operating Funds. 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total Operating Fund investments. Market price fluctuations will occur. By managing the weighted average days to maturity for the operating fund portfolio to be less than 3 years and restricting the maximum allowable maturity to five years, the price volatility of the overall portfolio will be minimized. 3) Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity - The Operating Funds require the greatest short-term liquidity of any of the fund types. Short-term constant dollar investment pools and money market mutual funds shall provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification - Investment maturities shall be staggered throughout the fiscal year to provide cash flow based on the anticipated operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure not to exceed the weighted average maturity allowed by the Investment Policy, and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints, and cash flow requirements. 11. Capital Improvement Funds The City of North Richland Hills Capital Improvement Funds are comprised of the monies available from the sale of debt and other sources to finance capital improvement projects. Bond proceeds are segregated from operating funds on the general ledger and in investment accounts for arbitrage compliance purposes. Capital Improvement Funds include all funding for the design and construction of capital projects, including streets, drainage facilities, utility adjustments, park improvements, and municipal buildings as well as the acquisition of capital assets. 4 1) Suitability - Any investment eligible in the Investment Policy is suitable for Capital Improvement Funds. 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 1 O% of total Capital Improvement Fund investments. Market price fluctuations will occur. By managing the various Capital Improvement accounts in anticipation of cash flow requirements, the impact of market risk for the portfolio will be minimized. 3) Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity - The City's funds used for construction and capital improvement programs have reasonably predictable draw down schedules. Therefore, investment maturities shall generally follow the anticipated cash flow requirements. Investment pools and money market mutual funds shall provide readily available funds generally equal to one month's anticipated cash flow needs, or a competitive alternative for short-term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification - Market conditions and arbitrage regulations influence and limit the selection and the laddering of maturities of fixed rate investments for bond proceeds and other construction and capital improvement funds. When investing these types of funds, every effort will be made to at least meet the maximum allowed yield, and to select and ladder maturities to meet the cash flow needs of the funds. Maturities should not exceed the normal life of the underlying projects supported by the fund. 6) Yield - Achieving a positive spread to the applicable arbitrage yield is the desired objective for bond proceeds. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. III. Debt Service Funds The City's Debt Service funds include the General Debt Service Fund and the Sales Tax Revenue Debt Service Fund. The General Debt Service Fund is funded from ad valorem tax collections and transfers from various other funds. The Sales Tax Revenue Debt Service Fund is funded solely from transfers from the Park and Recreation Facilities Development Fund. 5 1) Suitability - Any investment listed as eligible in the Investment Policy is suitable for the Debt Service Funds. 2) Safety of Principal - All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 1O% of total Debt Service Fund investments. Market price fluctuations will however occur. By limiting the Debt Service Funds Portfolio maturity dates to the next scheduled debt service payment, the market risk of the overall portfolio will be minimized. 3) Marketability - Securities with active and efficient secondary markets are not necessary as the event of an unanticipated cash requirement is not probable. 4) Liquidity - Debt service funds have predictable payment schedules. Therefore, investment maturities shall not exceed the anticipated cash flow requirements. Investment pools and money market mutual funds may provide a competitive yield alternative for time deposits and short -term fixed maturity investments. A singular repurchase agreement may be utilized if disbursements are allowed in the amount necessary to satisfy any expenditure request. This investment structure is commonly referred to as a Flexible Repurchase Agreement. 5) Diversification - Market conditions influence the attractiveness of fully extending maturities to the next unfunded payment date. At no time shall the debt service schedule be exceeded in an attempt to bolster yield. 6) Yield - Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. IV. General Fund Balance Reserve The City's objective regarding the General Fund Balance is to maintain a sufficient fund balance to operate the City for a period of sixty days or 15% of the following year's budgeted expenditures. The amount of funds to be invested in non - liquid other - than - overnight investments shall be limited to not more than 50% of this amount of the General Fund Balance. 1) Suitability - Any investment eligible in the Investment Policy is suitable for General Fund Balance Reserves. 2) Safety of Principal — Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the General Fund Balance 6 Reserve. All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 10% of total General Fund Balance Reserve investments. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the three year maximum allowed by the Investment Policy. The maximum allowable individual maturity is restricted to five years. 3) Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. 4) Liquidity - The Fund Balance Reserve requires the liquidity necessary to cover the City's expenditures in the event of a cash shortfall. Short -term constant dollar investment pools and money market mutual funds shall provide daily liquidity and may be utilized as a competitive yield alternative to time deposits and fixed maturity investments. 5) Diversification — Maturing investments shall be reinvested within the desired maturity to provide cash flow in the event that cash is needed for the operating needs of the City. Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout three years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable securities and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. V. Revenue Bond Reserves Debt service reserves are required by bond covenants for a particular revenue bond issue. 1) Suitability - Any investment eligible in the Investment Policy is suitable for Debt Service Fund Reserves. 2) Safety of Principal — Generally, the investment quality of all securities allowed as investments in the Operating Funds will be allowable in the Debt Service Fund Reserve. All investments shall be in high quality securities with no perceived default risk. The maximum allowable investment in commercial paper shall be limited to 1O% of total Revenue Bond Reserve investments. Market price fluctuations will occur. Under no circumstance shall any investment from this portfolio cause the combined portfolio's weighted average maturity to exceed the maximum allowed by the Investment Policy. The maximum allowable individual maturity is restricted to 7 five years. 3) Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Active electronically traded markets will define an efficient secondary market. By utilizing the yield advantages of fixed income securities, maximum yield should be attained while meeting cash requirements. 4) Liquidity - The Debt Service Reserve Funds require the amount of liquidity necessary to convert securities into cash if needed for payment of debts on schedule. Short-term constant dollar investment pools and money market mutual funds shall provide liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. 5) Diversification - Market cycle risk will be reduced by diversifying the appropriate maturity structure throughout three years and through diversification by market sector. 6) Yield - Attaining a competitive market yield for comparable security -types and portfolio restrictions is the desired objective. The City's portfolio shall be designed with the purpose of obtaining an optimized rate of return, through budgetary and economic cycles, commensurate with the investment risk, policy constraints and cash flow requirements. 8 CITY OF NORTH RICHLAND HILLS INVESTMENT POLICY JANUARY 13, 2014 TABLE OF CONTENTS Page Preface 1 I. Purpose and Objectives 3 II. Scope 5 III. Responsibility and Control 6 IV. Investment Committee 9 V. Suitable and Authorized Investments 10 VI. Investment Parameters 14 VII. Investment Procedures 15 VIII. Custodial Credit Risk Management 18 IX. Arbitrage 20 X. Depositories 21 XI. Investment Policy Adoption 22 PREFACE "A public office is a public trust." Charles Sumner, 1872 If a public office is a public trust, then the trust must be administered properly. Public funds are acquired by governments largely through involuntary payments, particularly through taxation. In a modern democratic society, public officials are obligated to manage these funds in a disciplined manner. In most cases, laws govern the investment process. Laws alone however cannot compel public officials to a series of actions that assure the public's best interests. The actions of public officials responsible for investing public funds must be guided by knowledge, skills, systems, policies, procedures and confidence that can be described only as professional discipline. It is the policy of the City of North Richland Hills that, giving due regard to safety and risk of investments, all available funds shall be invested in conformance with these legal and administrative guidelines, and, to the maximum extent possible, at the highest rates obtainable at the time of the investment. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will be pursued to take advantage of investment interest as viable and material revenue to all operating and capital funds. Investment income will be used in a manner that will best serve the interest of the City of North Richland Hills. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. 1 I. PURPOSE AND OBJECTIVES A. Purpose The purpose of this document is to set forth the specific investment policy and strategy guidelines for the City of North Richland Hills. All investment activity shall be consistent with Texas law as defined in Government Code 10, Chapter 2256, known as the Public Funds Investment Act (the Act), and local law. - safety of investments and City funds - preservation of capital and protection of principal - maintenance of sufficient liquidity to meet operating needs - diversification of investments to avoid unreasonable risks - public trust from prudent investment activities - optimization of investment income for the City's portfolio The City is required under the Public Funds Investment Act, Section 5, to adopt a formal written Investment Policy regarding the investment of its funds and funds under its control. This policy is to be adopted annually to meet the requirements of the Act, and has been revised periodically to comply with updated state requirements. The City of North Richland Hills' Ordinance Number 2079 states that all investment activities and procedures shall be governed by a written Investment Policy. The Investment Policy addresses the methods, procedures, and practices that must be exercised to ensure the effective and judicious management of the City's funds. B. Objectives The City shall manage and invest its cash with four primary objectives, listed in the order of priority: safety, liquidity, public trust, and yield, expressed as optimization of investment income. The safety of the principal invested always remains the primary objective. All investments shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. An aggressive cash management program and investment policy will be pursued by the Investment Officer to take advantage of investment interest as viable and material revenue to all operating and capital funds. Cash management is defined as the process of managing monies in order to ensure maximum cash availability and maximum investment income on short -term investments of idle cash. The City's portfolio shall be designed and managed in a manner responsive to the public trust. Income from investments will be used in a manner that will best serve the interests of the City of North Richland Hills. 3 1. Safety Safety of invested principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit and interest rate risk. a. Credit Risk and Concentration of Credit Risk The City will minimize credit risk, the risk of loss due to the failure of the issuer or backer of the investment, and concentration of credit risk, the risk of loss attributed to the magnitude of investment in a single issuer, by: (1) Limiting investments to the safest types of investments, (2) Pre- qualifying the financial institutions and broker /dealers with which the City will do business, and (3) Diversifying the investment portfolio to minimize potential losses on individual issuers. b. Interest Rate Risk The City will manage the risk that the investment income and the market value of investments in the portfolio will fall due to changes in the general interest rates by: (1) Structuring the investment portfolio so that investments mature to meet cash requirements for ongoing operations. From time to time, securities may be purchased at a premium or traded for other securities to improve yield, maturity or credit risk. For these transactions, a loss may be incurred for accounting purposes to achieve optimal investment return, provided any of the following occurs with respect to the replacement security: A. The yield has been increased, or B. The maturity has been reduced or lengthened, or C. The quality of the investment has been improved. (2) Investing operating funds primarily in certificates of deposit, shorter- term securities, money market mutual funds, or local government investment pools functioning as money market mutual funds, (3) Diversifying maturities and staggering purchase dates to minimize the impact of market movements over time, and 4 (4) Limiting the maximum weighted average maturity of the investment portfolio to 3 years. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that investments mature concurrent with cash needs to meet anticipated demands. Because all possible cash demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same -day liquidity. 3. Public Trust All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. Investment officers shall avoid any transaction that might impair public trust in the City's ability to govern effectively. 4. Yield (Optimization of Investment Income) The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. II. SCOPE This investment policy applies to all financial assets of the City of North Richland Hills in all current funds, any funds to be created in the future, and any other funds held in custody by the City, unless expressly prohibited by law or unless it is in contravention of any depository contract between the City and its depository bank. However, this policy does not apply to the assets administered for the benefit of the City by outside agencies. These funds are accounted for in the City's Comprehensive Annual Financial Report and include: 5 Operating Funds • General Fund • Special Investigation Fund • Drainage Utility Fund • Crime Control and Prevention District Fund • Promotional Fund • Economic Development Fund • Donations Fund • Parks and Recreation Facilities Development Fund • Grant Fund • Gas Development Fund • Traffic Safety Fund • Utility Fund • Aquatic Park Fund • Golf Course Fund • Facilities /Construction Management Fund • Fleet Services Fund • Self- Insurance Fund • Information Services Fund • General CIP Fund • Permanent Street Maintenance Fund • Sidewalk Maintenance Fund • Tax Increment Financing District 1 (TIF #1) • Tax Increment Financing District 2 (TIF #2) Capital Improvement Funds Debt Service Funds General Fund Balance Reserve Revenue Bond Reserves The City will consolidate cash balances from all funds with the exception of bond proceeds to optimize investment income. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. RESPONSIBILITY AND CONTROL A. Delegation of Authority This Investment Policy and the outlining of investment practices and authorities is compiled in accordance with the Public Funds Investment Act, which requires the adoption of rules governing investment policies and strategies and the designation of an Investment Officer, as well as City Ordinance Number 2079 which designates investment officers and provides prudent investment rules. 6 Collateral requirements are created in accordance with the Public Funds Collateral Act (Texas Government Code 10, Chapter 2257). Ultimate responsibility and authority for all investment transactions and cash management reside with the City Manager and the City's Director of Finance. The Director of Finance is also responsible for considering the quality and capability of staff to be involved in investment management and procedures. The Director of Finance may delegate responsibility for the day to day investment activities to other qualified staff members. These staff members will be termed Investment Officers of the City. One of these Investment Officers will be designated the Primary Investment Officer by the Director of Finance to conduct daily investment activity and prepare required investment reports. Investment Officers will not conduct any investment or banking activities involving City funds until a resolution or ordinance giving them authority to do so has been approved by the City Council of the City of North Richland Hills. All participants in the investment process shall seek to act responsibly as custodians of public trust. B. Quality and Capability of Investment Management The City shall provide periodic training in investments for the designated Investment Officers and other investment personnel through courses and seminars offered by professional organizations, associations, and other independent sources approved by the Investment Committee in order to ensure the quality and capability of investment management in compliance with the Public Funds Investment Act. C. Training Requirements In accordance with the Public Funds Investment Act, all authorized Investment Officers shall attend an investment training session not less than once each state fiscal biennium and shall receive not less than ten hours of instruction relating to investment responsibilities. A newly appointed Investment Officer must attend a training session of at least ten hours of instruction within twelve months of taking over or assuming duties and attend an investment training session not less than once in a two year period that begins on the first day of the local government's fiscal year and consists of the two consecutive fiscal years after that date. The training shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an "independent source" from which investment training shall be obtained shall include: a professional organization, an institution of higher education, or any other sponsor certified to provide such training. D. Management and Internal Controls The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure the City's assets are protected from loss, theft, or misuse. The internal control structure shall be designed to 7 provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Director of Finance shall establish a process for annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: • Minimize risk of collusion • Separation of transactions authority from accounting and record keeping • Custodial safekeeping • Avoidance of physical delivery securities • Clear delegation of authority to subordinate staff members • Written confirmation for telephone (voice) transactions for investments and wire transfers • Development of a wire transfer agreement with the depository bank or third party custodian E Prudence The standard of prudence to be applied by the Investment Officer shall be the "prudent investor" rule, which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived." It should be noted that, in a diversified portfolio, occasional losses are inevitable and must be considered within the context of the overall portfolio's return. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the determination shall take into consideration the investment of all funds, or funds under the City's control, over which the Investment Officer had responsibility rather than a consideration as to the prudence of a single investment, and whether the investment decision was consistent with the written investment policy of the City. F. Indemnification The Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported in a timely manner and appropriate action is taken to control the effects of such adverse developments. The City shall provide for the defense and indemnification of any Investment Officer or Investment Committee member who is made party to any suit or proceeding, other than by actions of the City, or against whom a claim is 8 asserted by reasons of their actions taken within the scope of their service as Investment Officers or appointed members of the Investment Committee. Such indemnity shall extend to judgments, fines, and amounts paid in settlement of any such claim, suit or proceeding, including any appeal thereof. This protection shall extend only to members who have acted in good faith and in a manner which they reasonably believe to be in, or not opposed to, the best interests of the City. G. Ethics and Conflicts of Interest City staff involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair the ability to make impartial investment decisions. City staff should disclose to the City Manager any material personal financial investments in financial institutions that conduct business with the City and they shall further disclose positions that could be related to the performance of the City's portfolio. City staff shall subordinate their personal financial transactions to those of the City, particularly with regard to the timing of purchases and sales. An Investment Officer of the City who has a personal business relationship, as defined by the Public Funds Investment Act of 1997, Section 2256.005 (i), with an organization seeking to sell an investment to the City shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree of affinity or consanguinity to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship. A disclosure statement required under this section must be filed with the Texas Ethics Commission and the governing body of the City. IV. INVESTMENT COMMITTEE An Investment Committee shall be established to assist in monitoring the performance and structure of the City's portfolio and approved brokers. Members of this committee shall include the Director of Finance (as Chairman) and the Assistant Director of Finance as permanent members. Additional members, numbering no less than three, will be appointed at the discretion of the Director of Finance. The Primary Investment Officer will report to and make recommendations to the Investment Committee, but will have no vote concerning investment policy or suitability of investments. Any matters presented to the committee requiring a vote of the members shall be passed or denied by a simple majority. The Investment Officer or any other member of the committee shall have the power to call meetings of the committee. The committee shall meet no less than quarterly. The Investment Committee shall perform the following functions: 9 1. Approve the process of selecting authorized dealers, brokers, investment advisors, and safekeeping agents /custodians used by the City. 2. Review the City's general portfolio activity and performance for compliance to this policy and recommend any changes or amendments to this policy to the City Council. 3. Approve the Investment Strategy document, as prepared by the Investment Officer. This document is required by State law to be separate from the Investment Policy. The Investment Strategy will be a guide to the investment of all funds controlled by the City as described in Section II of the Investment Policy. The strategy is intended to adapt to changes in market conditions. 4. Advise the Investment Officer as to recommendations regarding investment strategy and portfolio performance. 5. Approve the purchase of any securities with maturities over three (3) years. 6. Immediately notify the Investment Officer of any information brought to their attention that materially affects the portfolio or the marketability of any investments purchased in accordance with the Investment Policy. 7. Oversee the activities of the persons designated to carry out investment transactions and inform the City Council of unaddressed concerns with the management of the City's investment portfolio. V. SUITABLE AND AUTHORIZED INVESTMENTS The City currently has a "buy and hold" portfolio strategy for the portion of the portfolio where maturity dates can be matched with cash flow requirements and investments are able to be purchased with the intention of being held until maturity. However, investments may be liquidated prior to maturity for the following reasons: - An investment with declining credit may be liquidated early to minimize loss of Principal - Cash flow needs of the City require that the investment be liquidated - An investment can be liquidated prior to maturity in the event that the gain and, or, overall benefit from selling and reinvesting the security is greater than the benefit that would be realized if the security continued to be held to maturity. This will occur primarily in the core portion of the city's portfolio that is available for longer term investment. 10 City funds governed by this policy may be invested in the instruments described below, all of which are authorized by Chapter 2256 of Government Code 10 (Public Funds Investment Act), with further restrictions imposed by local ordinances. Investments of City funds in any instrument or security not authorized for investment under the Act and City ordinance is strictly prohibited. The City will not be required to liquidate an investment that becomes unauthorized, for reasons other than loss of rating, subsequent to its purchase. All prudent measures will be taken to liquidate an investment that is downgraded to less than the required minimum rating. A. Authorized Investments 1. Obligations of the United States, its agencies, and instrumentalities 2. Direct Obligations of the State of Texas or its agencies 3. Collateralized Mortgage Obligations ( "CMOs ") directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States 4. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States 5. Obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality of not less than A or its equivalent by a nationally recognized investment rating firm 6. Certificates of deposit issued by a depository institution as permitted by Texas Public Funds Investment Act section 2256.010. Certificates of deposit must be guaranteed or insured by the Federal Deposit Insurance Corporation or its successor, and secured by obligations in a manner and amount as provided by law. 7. Fully Collateralized Repurchase Agreements that are structured in compliance with the Public Funds Investment Act. A flexible repurchase agreement can be utilized for the investment of bond proceeds to meet projected cash outflows. Repurchase agreements must be: secured by a combination of cash and obligations of the United States or its agencies and instrumentalities; pledged to the City or held in the City's name; deposited at the same time the investment is made; and have a defined termination date. Flexible repurchase agreements (Flex - Repos) must be 11 purchased through a primary government securities dealer, as defined by the Federal Reserve, or financial institutions doing business in this state. Flex -Repos may be utilized on new bond issues as deemed necessary and advantageous to the City. Repurchase Agreements will only be executed with counterparties that have signed a TBMA Tri -Party Repurchase Agreement with the City. 8. Commercial Paper a. Commercial Paper is an authorized investment of this policy if the commercial paper: (1) Has a stated maturity of 270 days or fewer from the date of issuance; and (2) Is rated not less than A -1 or P -1 or an equivalent by at least: (a) Two nationally recognized credit rating agencies; or (b) One nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. 9. Mutual Funds a. No -load Money Market Mutual Funds are acceptable investments provided they are registered and regulated by the Securities and Exchange Commission, have a dollar- weighted average stated maturity of 90 days or less, maintain a stable net asset value of $1 per share, and provide the City with a prospectus and other information required by the Securities Exchange Act of 1934 or the Investment Company Act of 1940. b. No -load Mutual Funds are acceptable investments provided they are regulated by the Securities and Exchange Commission, have an average weighted maturity of less than two years, are invested exclusively in obligations as expressed in Section 2256, subchapter A, are continuously rated not less than AAA or its equivalent by at least one nationally recognized credit rating agency, and conform to all requirements under the Public Funds Investment Act relating to the eligibility of investment pools to receive and invest funds of investing entities. 10. Investment Pools a. Investment pools must provide the Investment Officer with an offering circular or other similar disclosure instrument that contains specific and detailed information required by the Act. Additionally, the pool shall provide transaction confirmations, detailed monthly transaction 12 summaries, and monthly performance reports to the Investment Officer. The specific requirements for authorized investment pools are detailed in the Public Funds Investment Act, Subchapter A, Section 2256.016. Authorized pools must maintain credit ratings no lower than AAA or AAAm or an equivalent rating by at least one nationally recognized rating service. An investment pool shall invest the funds it received from entities in authorized investments permitted by the Public Funds Investment Act. An Investment pool created to operate as a money market mutual fund must maintain a maximum weighted average maturity not to exceed 90 days and maintain a net asset value of $1 per share with the market value per share between .995 and 1.005. Any investment pool that does not meet the requirements of one that is created to function as a money market mutual fund must maintain a maximum average dollar weighted maturity that does not exceed 365 days (or 366 days in the case of leap year) and must provide a fixed interest rate and a fixed maturity term for each pool position. b. In order to participate in an investment pool, the City Council must approve by resolution or ordinance a Participation Agreement or Inter -local Agreement to be executed with the State or Inter -local authority responsible for the investment pool. This agreement will specify the City's authorized representatives and the standard delivery instructions for fund transfers and information reports. B. Unauthorized Investments The following investment instruments are specifically not authorized: 1. Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage - backed security collateral and pays no principal (Collateralized Mortgage Obligations (CMO) - derived Interest Only Strips), 2. Obligations whose payment represent the principal stream of cash flow from the underlying mortgage - backed security collateral and bears no interest (CMO- derived Principal Only Strips), 3. Collateralized Mortgage Obligations that have a stated final maturity date of greater than ten (10) years, 4. Collateralized Mortgage Obligations whose interest rates are determined by an index that adjusts opposite to the changes in a market index (Inverse Floaters), 13 5. Certificates of Deposit and other investments issued by Savings and Loans, B. Share Certificates and other investments issued by Credit Unions, and 7. Guaranteed Investment Contracts. VI. INVESTMENT PARAMETERS A. Diversification Diversification of funds and investments must be accompanied by competitive bidding of all investments to assure diversification among securities dealers. Diversification is necessary to reduce the portfolio's credit and market risks, while helping the portfolio attain a market rate of return. The City shall seek to conduct its investment transactions with several competing, reputable investment security dealers and brokers to protect principal while optimizing interest opportunities. To assure diversification of financial institutions, business involving two party transactions (i.e. repurchase agreements) with any one investment broker should be limited to thirty percent (30 %) of the par value of the total portfolio for any reporting period. In this way, a bankruptcy, receivership, or legal action would not immobilize the City's ability to meet payroll, operating, or other expenses. It is the policy of the City to diversify its investment portfolio so that reliance on any one issuer or broker will not place an undue financial burden on the City. B. Investment Type Depositories for Municipal Funds (Chapter 105, Local Government Code), the Public Funds Investment Act (Chapter 10, Government Code), and City Ordinance Number 2079 authorize depositories and define allowable investment programs for municipal governments. It is the policy of the City to purchase only securities authorized by both the Public Funds Investment Act and Section V., subsection A., of the City's investment policy. Market risk shall be minimized by diversification of investment types. The following limits, by instrument, are established for the City's total portfolio: 14 1. Repurchase Agreements 50% 2. Certificates of Deposit 30% 3. U.S. Treasury Notes /Bonds /Bills 100% 4. U.S. Agencies and Instrumentalities 75% 5. Commercial paper 10% 6. State and Local Bonds and Notes 20% 7. Money Market Mutual Funds 80% 8. Mutual Funds 15% 9. Investment Pools 100% The maximum maturity of any given investment in the portfolio shall not exceed a final, stated maturity of 5 years from the date of purchase and overall portfolio weighted average maturity is not to exceed 3 years. Reductions in the size of the portfolio due to cash outflows may cause an investment type to exceed the maximum percentage allowed for that investment type. In such situations, securities will be sold to reduce the percentage to allowable levels only if no loss will be realized from the sale. If a loss will be realized, then the investment may be held to maturity. To allow for efficient and effective placement, a singular repurchase agreement can be utilized for the investment of bond proceeds, which exceeds the 50% limitation. VII. INVESTMENT PROCEDURES The City's portfolio shall be designed with the objective of obtaining a rate of return through budgetary and economic cycles, commensurate with the investment risk constraints and the cash flow requirements. The risk - return relationship will be controlled through the investment parameters, operating 15 requirements, and guiding policies of the City Council. Market value of all securities owned will be compared to current book value of those securities to determine portfolio performance on a quarterly basis. Safety of principal is the foremost objective of this investment policy. The City will practice competitive bidding when purchasing all investments to guarantee the highest rate of return for the desired maturity date. The right is reserved to reject the most financially favorable bid if it is potentially disruptive to the investment strategy or portfolio composition of the City. A. Approval of Broker /Dealers It is the policy of the City to purchase securities only from those institutions on the City's approved list of broker/dealers and banks. The Investment Committee shall at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. All securities dealers must be registered and certified with the Texas State Securities Commission, National Association of Security Dealers ( "NASD ") and Securities and Exchange Commission ( "SEC "). Those firms that request to become qualified bidders for securities transactions, including financial institutions, banks, money market mutual funds, and local government investment pools, will be required to provide a completed broker/dealer questionnaire that provides information regarding creditworthiness, experience, and reputation. Additional requirements include a certification stating that the firm has received, read, understood, and agreed to comply with the City's investment policy and implemented reasonable procedures and controls to preclude investment transactions that are not authorized by the City's investment policy. This list may be revised by the Investment Committee as the City's investment needs change. The Investment Committee shall approve all broker/dealers and shall also have the ability to limit the number of authorized securities dealers /banks doing business with the City. All banks authorized to sell securities to the City will be Federal Reserve member banks and must be approved by the Investment Committee. No investments will be placed with Savings and Loan Institutions or Credit Unions. It is the policy of the City to purchase securities from those institutions on investment manager's approved list. The City authorizes the investment manager to engage in security transactions with broker/dealers on a carefully monitored broker/dealer list. The Investment Committee shall at least annually review the list of broker/dealers with investment manager. B. Investment Transactions 16 It is the policy of the City of North Richland Hills to require competitive bidding for all individual security purchases and sales except for transactions with money market mutual funds and local government investment pools. A minimum of three bids must be obtained to ensure a competitive price for the transaction. All investment transactions must be approved by the Assistant Director of Finance, of the Director of Finance, or registered investment advisor as appointed by the City Manager to execute transactions on behalf of the City, or in their absence, an authorized Investment Officer. All securities purchased shall require delivery on the settlement date to the City or its third party accounts on a delivery versus payment ( "DVP ") basis, with the exception of investment pools and mutual funds. By so doing, City funds are not released until the City has received, through the Federal Reserve wire, the securities purchased. C. Investment Reporting The Public Funds Investment Act and City Ordinance Number 2079 require the preparation of quarterly management reports and an annual report of all investment transactions of the City be presented to the City Council. The fourth quarter report for the fiscal year will be considered as the annual report. The Primary Investment Officer will prepare the required quarterly and annual reports for evaluating investment portfolio performance. The reports will be approved and signed by all members of the Investment Committee. The reports will include the following information, as required by the Public Funds Investment Act: 1. A summary narrative of investment activity and portfolio performance over the Period 2. Size and composition of portfolio at the beginning and end of the reporting period 3. List all investments according to the fund for which they were purchased 4. Beginning and ending book and market value for all securities held 5. Beginning and ending book and market value for the total portfolio 6. All additions and changes to the market value during the period 7. State the compliance of the portfolio to the investment policy and the Public Funds Investment Act 8. Yield 9. Diversification of investments 10. Total sales, maturities, and purchases 17 11.Accrued interest 12. Performance compared to an established benchmark These quarterly reports should be used along with the annual report to fully evaluate and explain market trends and adjustment of investment strategies to manage market fluctuations. The annual report will show on a fiscal year basis the results of the overall investment strategy. The quarterly reports will conform to GAAP and be reviewed annually by the City's independent auditor, with results reported to the City Council. D. Marking to Market Market value of all securities in the portfolio will be determined on a quarterly basis. These values will be obtained from a reputable and independent source and disclosed to the governing body in the quarterly investment report. VIII. CUSTODIAL CREDIT RISK MANAGEMENT A. Safekeeping and Custodial Agreements The laws of the State of Texas and prudent treasury management require that all purchased securities shall be held in safekeeping by either the City, a City account in a third party financial institution, or the City's safekeeping account with its designated depository bank. All securities owned by the City shall be held by a third party safekeeping agent, or in the Federal Reserve Bank, except for certificates of deposit that have FDIC insurance provided. For certificates of deposit with FDIC insurance, the City will hold the deposit receipt. Transfers of securities in safekeeping shall be processed with written confirmations. The confirmation will be used for documentation and retention purposes. One of the City's designated Investment Officers must approve release of collateral prior to its removal from the safekeeping account. B. Collateral Policy Consistent with the requirements of Texas law as defined in Government Code 10, Chapter 2257, known as the Public Funds Collateral Act, it is the policy of the City to require full collateralization of all City investments other than obligations of the United States and its agencies and instrumentalities. Collateral on investments shall be maintained by an appropriate third party safekeeping agent, as designated by the City. This policy also applies to any deposits held in an approved depository in excess of the amount protected by FDIC insurance. 18 The City of North Richland Hills shall accept only the following securities as collateral: 1. FDIC insurance coverage 2. A bond, certificate of indebtedness, or Treasury Note of the United States, or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States 3. Obligations of the United States, its Agencies, and Instrumentalities 4. A bond of the State of Texas or of a county, city, or other political subdivision of the State of Texas having been rated as investment grade (investment rating no less than "A" or its equivalent) by a nationally recognized rating agency with a remaining maturity of ten (10) years or less Certificates of deposit plus accrued interest per non - depository bank do not need to be collateralized pursuant to this policy as long as FDIC insurance is provided. Certificates of Deposit, including accrued interest must be secured by approved collateral for the amount in excess of FDIC insurance coverage. Collateral is valued at current market plus interest accrued through the date of the valuation. Collateral shall be marked to market daily to determine if adequate collateralization is being maintained. Repurchase agreement collateral must be maintained at the following levels, with respect to repurchase agreement par value plus accrued interest: Maturity of U. 5. Treasury Other Collateral Securities Securities 1 year or less 101% 102% 1 year to 5 years 102% 105% Over 5 years 103% 110% Collateral levels should be maintained during an investment transaction. The amount placed in the bank to cover the cost of a security purchase should be fully collateralized in the event the security fails to be delivered to the safekeeping agent. Collateralized investments often require substitution of collateral. Any broker or financial institution requesting substitution must contact the Primary Investment Officer, or in his absence any other authorized Investment Officer, for approval and settlement. The substituted collateral's value will be calculated and the 19 substitution approved if its value is equal to or greater than the original collateralization level. The Director of Finance, or an authorized designee, must give immediate notification of the decision to the bank or third party holding the collateral. Substitution is allowable for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Director of Finance may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Collateral shall be audited at least annually by the City's independent audit firm, and may be audited by the City at any time during normal business hours of the safekeeping party. The financial institutions with which the City invests and/or maintains other deposits shall provide, as requested by the City, a listing of the City's certificates of deposit and other deposits at the institution and a listing of collateral pledged to the City marked to current market prices. The listing shall include total pledged securities with the following information: Name Type /description CUSIP Par value Current market value Maturity date Moody's or Standard & Poor's rating (both if available) Under Chapter 2257, Public Funds Collateral Act, substitution and release of collateral must be approved by the governing body. City of North Richland Hills Ordinance Number 2079 Section 3 delegates the Investment Officers' overall responsibilities to ensure that investment objectives are accomplished, and therefore, the authority to release and substitute collateral as deemed necessary and reasonable within the guidelines of this policy. IX. ARBITRAGE The Tax Reform Act of 1986 (Title 26 U.S.C. Section 148) provides limitations on the City's yield from investing tax - exempt bond proceeds and debt service funds. These arbitrage rebate provisions require that the City compute earnings on investments from each issue of bonds on a periodic basis to determine if a rebate is required. To determine the City's arbitrage position, the City is required to calculate the actual yield earned on the investment of the funds and compare it to the yield that would have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provisions state that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of any excess earnings. These restrictions require extreme precision in the monitoring and record keeping of investments, particularly in computing yields to ensure 20 compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's investment position relative to the arbitrage restrictions is to continue pursuing the maximum yield on applicable investments while ensuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and to rebate excess earnings, if necessary. X. DEPOSITORIES The Texas City Depository Act, Local Government Code Chapter 105, prescribes procedures for selection of a city depository designating that both general -law and home -rule cities are "authorized to receive applications (as depository) for the custody of city funds from any banking corporation, association, or individual banker doing business within the city." This clause indicates that cities are not required to designate one central depository. The City of North Richland Hills will, through a request for proposals process, designate one or more banks to serve as its primary depository(ies) to maximize investment capabilities and minimize banking cost. The depository designation does not limit investment activity to one financial institution. The consideration the City of North Richland Hills will use to execute a banking services contract will include: • Ability of Bank to perform and provide the required and requested services • Reputation of bidder and quality of services provided • Cost of banking services • Interest paid on interest bearing accounts and deposits • Earnings credit calculation on account balances • Completeness of proposal and agreement to points outlined in the request for proposals • Convenience of locations • Previous service relationship with the City • Financial strength and stability of institution Obtaining competitive proposals on the City's depository specifications will be the responsibility of the Director of Finance. Selection of the depository shall be based on the institutions offering the most favorable terms and conditions for the handling of City funds and the services available to the City. The maximum term for a depository contract under State law is five years. The City's contract shall not exceed five years. A performance review will be conducted at least once every six months by the Investment Committee to evaluate the working relationship between the City and the depository bank. Special banking needs may be contracted for by the City outside the depository contract if approved by City Council. If a depository does not meet the City's 21 requirements in the banking services contract, the bank will be required to meet the requirements within ninety days or lose the depository contract. XI. INVESTMENT POLICY ADOPTION The investment policy shall be adopted by ordinance or resolution of the City Council. It is the City's intent to comply with state laws and regulations. The policy shall be reviewed annually by the Investment Committee and the City Council. City Ordinance Number 2079 states that policy revisions that require enactment due to updates of applicable state or federal laws may be authorized by the City Manager; however, other significant revisions must be approved by the City Council. 22 N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. B.3 Authorize Jurisdictional Law Enforcement Agreement with Tarrant County College District Presenter: Mike Hamlin, Assistant Police Chief Summary: The City of North Richland Hills and the Tarrant County College District (TCCD) Police Department desire to enter into a mutual agreement for the provision of assistant law enforcement services for the portion of the TCCD Northeast campus that is within the city limit boundaries of the City of North Richland Hills. General Description: The City of North Richland Hills and TCCD have agreed that, for the provision of law enforcement assistance services between the independent police agencies, the TCCD Police Department shall assume primary jurisdiction of the property reflected in the maps attached as Exhibit A and wholly identified as Tarrant County College, Northeast Campus. The North Richland Hills Police Department shall retain concurrent jurisdiction, subject to any special requests for assistance by the TCCD Police Department or exigent circumstances requiring immediate response. The term of this agreement is for a one -year period beginning on October 1, 2013 and will automatically renew from year to year unless terminated in accordance with this Agreement. Recommendation: To approve a Jurisdictional Law Enforcement Agreement with Tarrant County College District STATE OF TEXAS COUNTY OF TARRANT § In consideration of the mutual covenants, promises, and agreements contained herein, this agreement is made and entered into between the City of North Richland Hills, a home rule municipal corporation of the State of Texas, located within Tarrant County, Texas (hereinafter referred to as "City,") acting by and through Mark Hindman, its duly authorized City Manager, and Tarrant County College District, an institution of higher learning in the State of Texas (hereinafter referred to as "TCCD,") acting by and through Angela Robinson, its Vice Chancellor for Administration and General Counsel. RECITALS This Agreement is made under the authority granted to the City and TCCD pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, TCCD is a state institution of higher education maintaining and operating one partial campus, Northeast Campus, within the city limits of North Richland Hills, Tarrant County, Texas; and WHEREAS, the Texas Education Code, Section 51.203, confers on commissioned peace officers of state institutions of higher education jurisdiction in the county of the institution; and WHEREAS, the Texas Local Government Code, Section 341.001 and 341.021, confer on commissioned peace officers of the City of North Richland Hills jurisdiction within the city limits and for certain purposes throughout Tarrant County, Texas; and WHEREAS, TCCD and North Richland Hills each possess and operate their own police departments which have concurrent jurisdiction as to some portions of Tarrant County; and WHEREAS, TCCD and North Richland Hills each find that this undertaking is necessary for the benefit of the public and that each party has legal authority to provide the governmental function which is the subject matter of this agreement; NOW, THEREFORE, in consideration of the mutually beneficial relationship as herein expressed, the parties agree as follows: AGREEMENT 1 The term of this agreement is for a period beginning on October 1, 2013, and ending on September 30, 2014, and shall thereafter automatically renew from year to year on a October 1st through September 30th duration unless terminated in accordance with this Agreement. 2. This written Agreement is designed to address law enforcement functions for only that portion of TCCD Northeast campus that is within the incorporated city limit boundaries of North Richland Hills, Tarrant County, Texas. The City of Hurst, Tarrant County, Texas and TCCD possess a previously established and existing Agreement for law enforcement functions for that portion of the TCCD Northeast campus that is within the incorporated city limits of Hurst, Tarrant County, Texas. No part of this Agreement is designed or intended to address or establish law enforcement functions within the City of Hurst, Tarrant County, Texas. 3. This Agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify the effective date of the termination. 4. TCCD and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions of this Agreement, each party shall provide written notice to the other as soon as reasonably possible after the non - breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 15 days, the non - breaching party shall have the right to declare this Agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 5. The North Richland Hills Police Department shall retain concurrent jurisdiction, subject to any special requests for assistance by the TCCD Police Department or exigent circumstances requiring immediate police response. 6. TCCD Police Department shall assume primary jurisdiction of the property reflected in the maps attached as Exhibit A. The maps shall be updated immediately upon any change by providing any revision, update, or listing of change to the North Richland Hills Police Department. 7. The North Richland Hills Police Department shall retain primary jurisdiction over non -TCCD owned property and streets subject to such assistance as may be requested of the TCCD Police Department. The TCCD Police Department may exercise police powers over non -TCCD owned property and streets in exigent circumstances requiring immediate police response, provided that notification of such action is made as soon as possible to the North Richland Hills Police Department Communications Section. 8. In the event the TCCD Police Department requests the assistance of the North Richland Hills Police Department to act as the primary jurisdictional authority, the North Richland Hills Police Department reserves the right to respond and/or remain until the incident has been concluded. Either party, at its sole discretion, may decline a request, withdraw personnel and/or, discontinue participation in any activity initiated pursuant to this Agreement. In all cases when North Richland Hills Police employees respond at the request of TCCD, TCCD shall participate in joint command of the situation. The North Richland Hills official commanding the situation, resultant of such a request, shall do so in accordance with applicable laws and statutes, the North Richland Hills Police Department General Orders, and North Richland Hills Police Department Standard Operating Procedures. Such official shall have on -scene command authority over the placement and role of any concurrent jurisdictional officers. Concurrent jurisdictional officers shall notify the primary jurisdictional dispatcher prior to their presence at the incident scene and shall make a diligent attempt to notify the primary jurisdictional commanding officer at the scene. 9. North Richland Hills Police Department and TCCD shall identify and appoint respective law enforcement liaisons so as to facilitate communications and interactions between the two parties regarding administrative matters, routine communications, and the maintenance of this Agreement. Exigent circumstances or matters requiring immediate law enforcement response will be managed and controlled by on -duty or responding law enforcement supervision and personnel. 10. North Richland Hills Police Department officer(s) executing a (planned) search and/or arrest warrant on TCCD property shall notify, in advance, the chief of the TCCD Police Department, designee, or liaison and request accompaniment by TCCD Police personnel if so available to respond. After proper notification, the TCCD Police Department may elect to decline or provide limited assistance; however, nothing in this agreement should be interpreted to prohibit a North Richland Hills Police Department officer from lawfully serving any valid warrant. When possible, North Richland Hills Police Department officer(s) should not take enforcement action against a student while in a classroom /learning environment, excluding emergency or exigent circumstances. 11 Follow -up investigations shall be conducted and completed by the agency which originally handled the incident within the scope of their primary jurisdiction. 12. The communication section shall maintain records of any calls- for - service received which are referred to the other's jurisdiction. When dispatching a unit to another party's primary jurisdiction, the dispatching unit will notify the communication section with primary jurisdiction. 13. The communication section and/or the record repository section for each party shall maintain records of any calls- for - service received and law enforcement action taken which are referred to or occurred within the jurisdictional boundary of the other party. Each party may make available copies of recorded information, upon request, to the other party. Retention of records gathered as the result of a law enforcement action are subject to statutory retention requirements. 14. Each party's criminal investigation records may be provided to the other party, upon request, and for matters related to TCCD campus, properties, students, facility, and staff. This agreement should not prohibit or impede the communication or investigation of criminal offenses occurring within TCCD jurisdiction. 15. Each party to this Agreement expressly waives the right granted by Section 362.003 (c), Texas Local Government Code, to request reimbursement for services performed under this agreement with the exception of services provided to other agencies for a fee and described through an existing agreement. 16. Any law enforcement officer or other person who is assigned, designated, or ordered by the chief law enforcement officer of the department which regularly employs them to perform police or peace officer duties pursuant to this Agreement shall receive the same wage, salary, pension, and all other compensation and all other rights for such service, including injury or death benefits, and worker's compensation benefits, the same as though the service had been rendered within the primary jurisdictional limits of the department where the officer is regularly employed. Moreover, all wage and disability payments, including worker's compensation benefits, pension payments, damage to equipment and clothing, medical expenses, and expenses of travel, food, and lodging shall be paid by the department which regularly employs such person in the same manner as though service had been rendered within the primary jurisdictional limits of the department where the officer is regularly employed. 17. In the event that any person performing law enforcement or police protection pursuant to this Agreement shall be cited as a party to any civil lawsuit, state or federal, arising out of performance of those services, that person shall be entitled to the same benefits they would be entitled to receive if such civil action had arisen out of the performance of their duties as an officer of the department where they are regularly employed and within the primary jurisdictional limits of the department by which the officer is regularly employed. 18. Neither the City nor TCCD shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officer, members, agents, servants, employees, or officers of the other. 19. Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except for acts in violation of the law. 20. It is expressly understood and agreed that, in the execution of this Agreement, no party waives nor shall be deemed hereby to waive any immunity of defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. 21 Law Enforcement services, and all other services reasonably related thereto, which are provided under this Agreement shall be performed in accordance with the General Orders, Standard Operating Procedures, Rules, Regulations, and Ordinances of the department by which each such officer or employee providing such services is employed, and in conformity applicable laws of the State of Texas and the United States. 22. This Agreement is entered into subject to the City Charter and Ordinances of the City of North Richland Hills as they may be amended from time to time and is subject to and is to be construed, governed, and enforced under all applicable State of Texas and United States laws. 23. City and TCCD, in the execution, performance, or attempted performance of this contract and Agreement, will not discriminate against any person or persons because of sex, race, religion, color, or national origin, nor will TCCD permit its agents, employees, subcontractors, or program participants to engage in such discrimination. 24. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph, or other part of this Agreement shall be determined to be invalid by a court, federal or state agency, board, or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 25. The failure of City or TCCD to insist upon the performance of any term of provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City or TCCD's right to assert or rely upon any such term or right of any future occasion. 26. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance, or non - performance of this contract and Agreement, venue for said actions shall lie in Tarrant County, Texas. 27. This written instrument constitutes the entire Agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral, or written Agreement which purports to vary from the terms hereof shall be void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in North Richland Hills, Tarrant County, Texas this day of , 20 Recommended by: CITY OF NORTH RICHLAND HILLS POLICE DEPARTMENT TARRANT COUNTY COLLEGE DISTRICT BY: Jimmy Perdue Date Angela Robinson Date Director of Public Safety Vice Chancellor for Administration General Counsel CITY OF NORTH RICHLAND HILLS Mark Hindman City Manager Date APPROVED AS TO FORM AND LEGALITY George Staples City Attorney Date ATTEST: City Secretary Date Authorization Contract No. M &C: Exhibit A Tarrant County College District Northeast Campus Maps NRH2O - t4 Clry of N.R.N. Tee Rood Tennis Courts • CHy of Hurst Abrev. Building Name AbreV Building Name NACB Academic Classroom NHPE Health & Physical Education NADM Administration NHSC Health Sciences NBSA Building Services NIMC Instructional Media Center NESS Business & Social Sciences NLIB Library NCAB Communication Arts NMPC District Multi - Purpose Center NDSC District Service Center NSCE Science East NFAB Fine Arts NSCW Science West NFAC Faculty Offices NSTU Student Center NTAB Technology & Arts • 7il pijo111m I robil nni ntro • �N1�l�IR1�1i Portion of TCCD Northeast Campus (addressed in this agreement). Portion of TCCD Northeast Campus (not addressed in this agreement). Tarrant County College NE Campus Location Map NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. B.4 Authorize a one year contract extension with Republic Waste Services of Texas, LTD. for solid waste and recycling services Presenter: Karen Bostic, Assistant City Manager Summary: The City's five year contract for solid waste and recycling collection services with Republic Waste Services of Texas, Ltd., expired on January 31, 2013. The contract includes the option to extend the contract for two additional one year terms, and this agenda item is a request to authorize the final one year extension to the original contract. General Description: On December 10, 2007, City Council approved a contract with Republic Waste Services of Texas. Ltd. to provide solid waste and recycling collection services to the City of North Richland Hills. The contract was for a five year period beginning February 1, 2008 and ending January 31, 2013. Included in the contract is an option to extend the contract for two additional one year terms. Staff is recommending Council approve the final one year extension. All conditions included in the original contract would remain in place with the extension. Contract terms include: • Two times a week "take all service on Monday /Thursday or Tuesday /Friday • Once a week residential curbside recycling on one of the regularly scheduled trash days • Annual adjustments to rates equal to 3.25% or DFW CPI, whichever is greater, but not to exceed 4.5% • Curbside Christmas tree collection, plus central drop -off locations • $15,000 donation each year to Keep NRH Beautiful • $10,000 per year donation for senior programming • Landfill privileges for residents at a discounted rate • Dedicated route supervisor for North Richland Hills Overall satisfaction with Republic's performance has been good. As this is the final extension of the contract, Staff will develop a Request for Proposals to seek a company to provide solid waste and recycling collection services for the City at the expiration of this one year extension on January 31, 2015. Recommendation: Authorize the final one year extension to the Solid Waste and Recycling Collection contract with Republic Waste Services of Texas. Ltd. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. C.0 PUBLIC HEARINGS N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. C.1 SUP 2013 -06 Public Hearing and Consideration of a request from Ralph Schwab for a Special Use Permit for an Accessory Structure larger than 500 square feet on 2.23 acres located at 8713 Stewart Drive - Ordinance No. 3290 Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: Ralph Schwab is requesting a Special Use Permit for an existing accessory structure greater than 500 square feet in area on a single- family property located at 8713 Stewart Drive. CASE DESCRIPTION: Recently, it was brought to the attention of the Neighborhood Services Department that a new large metal accessory building had been built on Stewart Drive without City Council approval of a Special Use Permit or any building permits or inspections. This SUP application is therefore a retroactive approval request of an existing accessory building totaling approximately 3,100 square feet with an additional 700 square foot carport. One 1,600 square foot portion of the building has been there for decades, but an addition of 1,500 square feet was made just recently. If the Special Use Permit is approved, city staff will be able to officially issue the building permit, inspect the building, and permit it to be occupied. USE OF ACCESSORY BUILDING: City staff is also concerned about the use of the building and reminds the City Council that NRH's definition of a "Customary Home Occupation" specifically excludes contractor's offices and carpenter, electrical and plumbing shops. Mr. Schwab is the President and Owner of Ralph Schwab Roofing, whose business website identifies this residential address as the business address. Residential accessory buildings are meant for personal use, such as hobby garages, personal storage, extra vehicle storage, recreation, etc. IMPROVEMENTS: The metal building as it was installed is a subtle, neutral gray color with white doors. In keeping with previous SUP approvals, the applicant has agreed to provide a four foot wainscot of rock /stone at the base of the entire building —both old and new portions —and the columns of the carport. A total of seven evergreen trees are also provided to help screen and soften the west and north facades from adjacent residences and the applicant has also agreed to paint the white doors a color that is more neutral and less stark. At least one wall pack light fixture was installed that staff would request be changed out to one that conforms to the new lighting standards. Aerial photographs from 2001 (left), 2009 (middle) and 2013 (right) show the progression of the accessory building expansion. The original accessory building has been on the property for decades, but the eastern carport addition (middle) and the western building addition (right) were installed without SUP approval, permits or inspections. A view of the accessory building from the street. The applicant has agreed to apply a 4- foot masonry wainscot around the base of the entire building, install evergreen trees on the west (left) and north (opposite) side of the building, and paint the doors a more neutral color. EXISTING ZONING: "R -1 -S" Special Single Family Residential EXISTING PLATTING: The property was platted as Lot 1, Block 1, Schwab Addition in 1998. ADJACENT ZONING /LAND USE: North: AG / Low Density Residential East: R -2 / Low Density Residential South: R -1 / Low Density Residential West: R -1 / Low Density Residential THOROUGHFARE PLAN: The property fronts Stewart Drive, an "R2U" Local Street. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their December 19, 2013 meeting and voted to recommend approval (5 -0) subject to the applicant's agreement to apply a four foot masonry wainscot to the building and carport columns. STAFF RECOMMENDATION: Approval of SUP 2013-06, subject to the applicant's agreement to: 1. apply the four foot masonry wainscot to the entire building as well as the carport columns; 2. paint the white doors a color that is more neutral and less stark; and 3. replace the light fixture(s) to conform to current outdoor lighting standards. Staff will remind the applicant of the provisions of Section 118 -727, Customary Home Occupations. LOCATION MAP 3 S Stewart Dr 3 0 En a' Copper Canyon Rd AERIAL MAP PROPERTY OWNER NOTIFICATION NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case #: SUP 2013- 06 Applicant: Ralph Schwab Location: 8713 Stewart Dr You are receiving this notice because you are a property owner of record within 284 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to Consider a request from Ralph Schwab for a Special Use Permit for an accessory structure larger than 500 square feet located at 8713 Stewart Drive. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 19, 2013 If recommended for approval by the Planning and Zoning Commission, this request will be heard by the City Council on: CITY COUNCIL MONDAY, JANUARY 13, 2014 Both Meeting Times: 7:00 P.M. Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills. Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 LIST OF NOTIFIED PROPERTY OWNERS Schwab, Ralph G 8713 Stewart Dr NRH Tx 76182 -4249 Cooley, Kent R Etux Marilyn S 8724 Amundson Dr NRH Tx 76182 -4201 Gorbet, Paul W 8720 Amundson Dr NRH Tx 76182 -4201 Schwab, Ralph G Etux Janice 871 Stewart Dr NRH Tx 76182 -4249 Wheeless, William Etux Deborah 6832 Simmons Rd NRH Tx 76182 -4259 Burleson, Mark E Etux Jeannie 8725 Stewart Dr Fort Worth Tx 76182 -4249 Regional Rail Row Co Attn: Dallas Area Rapid Transi PD Box 660163 Dallas Tx 75266 -0163 Hix, Barbara Sue 6633 Chilton Dr Fort Worth Tx 76182 -4223 Hancock, Joe 6828 Simmons Rd NRH Tx 76182 -4259 Gorbet, Paul W 8720 Amundson Dr NRH Tx 76182 -4201 Stewart Patricia A 8708 Stewart Dr NRH Tx 76182 -4248 ORDINANCE NO. 3290 SUP 2013 -06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED 500 SQUARE FEET ON PROPERTY LOCATED AT 8713 STEWART DRIVE; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; 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 and site plan to allow an accessory structure to exceed 500 square feet located at 8713 Stewart Drive. 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 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 13th day of January, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director 19. tiCRALL IMAM, S 84° : 5f 117.61' N 88°77'4WE 94.95' SITE PLAN HANDED WIRE FENCE N 88 °50'52T 25420' 75' N,www,' Easeser -- --• -- REFVJ NS rs WIRE FENCE r I STOCKADE FENCE POOL s } MEREST. F,.P, 0 L 1 %' 9HILIDM LIRE FIFE R I MIKE Wu BREF 5 8913 '007/ 409.64' STEWART DRIVE Fs' ERLDIs45 L PAIL MKS sins dem LOLiT.R6 5 88°45'06W256.45' rv.AswDLE YOT• you - aewxT Fw.cr e?I 51T 51TE FLAN SCALES I'- 20' -0' TAR Tp .1* 41' —. —.— APOLO7AE I$MEG9. FAL FL. .1&1oID III lair maw -FRONT ELEVATION EGALl. i'q.1�' FORK! TORE PA,NTAp BLACK AO tonVO. 111 LEETSIDE ELEvATION ec.AL . 1146.1•-0' NOTE. !EC !ITC I.1.04 M4 LOCATION O! LANPECAPNO AS EPIC. pY TI# OFI CC EXCERPT FROM THE MINUTES OF THE DECEMBER 19, 2013 PLANNING AND ZONING COMMISSION MEETING SUP 2013 -06 Public Hearing and Consideration of a request from Ralph Schwab for a Special Use Permit for an Accessory Structure larger than 500 square feet on 2.23 acres located at 8713 Stewart Drive. Ralph Schwab, 8713 Stewart Drive, NRH, came forward requesting for an Accessory Structure to house his motor home. The construction has been built without a permit but with the instruction of the City Staff, plans are to do the landscape, brick work and painting required and permits will be obtained. Clayton Comstock said this request for the Special Use Permit for an Accessory Structure larger than 500 square feet which has already built but the applicant intends on complying with the Staff recommendations to complete a 4 foot tall wainscot and landscaping to the western facade to screen from adjacent residential properties. Staff recommends approval of this request. Steven Cooper asked Mr. Schwab if it was just an oversight on his part to construct the building without permits? Mr. Schwab said there was an existing shop already on the property and was only going to put an awning up, but decided to just construct the building then realized a permit should have been obtained. Chairman Shiflet asked the applicant about his roofing business and equipment stored on property. If recommended for approval to the City Council, it would not allow him to run a roofing business from his home. Mr. Schwab stated he owns other property and the trailers are for trimming trees on the existing properties in order to not keep a dumpster onsite. There are no intentions on running a business from the home address. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak on the matter. Seeing none, a motion was entertained. Steven Cooper asked Staff if anyone had received any comments or concerns from adjacent property owners. Clayton Comstock said not anyone that he aware of. APPROVED Don Bowen motioned to approve SUP 2013 -06 subject to the agreement with the City to apply the four foot masonry and carport columns. The motion was seconded by Mark Haynes. The motion passed (5 -0). N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. D.1 FP 2013 -10 Consideration of a request from Montage Development for a Final Plat of Steward Estates, 15 residential Tots and 2 open space lots on 5.508 acres located at 6721 Crane Road Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: Montage Development is requesting approval of a Final Plat for Steward Estates, an "R -2" Single Family Residential subdivision of 15 lots and two open space lots on 5.508 acres located on the west side of Crane Road between Main Street and Amundson Drive at 6721 and 6725 Crane Road. The two open space lots are 10-foot wide strips along Crane Road for a subdivision wall and landscaping. These lots are shown to be "owned and maintained by the homeowners association." SUBDIVISION VARIANCE REQUEST: The drainage that leaves Steward Estates at Design Point #1 in the southwest corner of the development (rear of Lot 9) does not comply with the criteria established in the Public Works Design Manual. Pursuant to Section 1 -05 of that Code, "Storm Drainage Improvements," Sub - Section B: "Basis of Design," Item 12: "Lot Grading" (fourth paragraph): Residential lot grading shall be conducted in a manner which will not allow runoff to cross more than two lots (including the lot on which the drainage originates) before it enters a street or drainage easement. If this is not possible, then a drainage easement must be provided and any necessary facilities shall be constructed and installed by the developer. The applicant has provided a letter requesting a variance to this requirement. A presentation by the City Engineer will be provided to City Council to explain the reason for the regulation and what the impacts might be if a variance were approved. Staff will only support approval of a variance if a drainage easement is acquired by either or both of the impacted properties. At that point, the variance would simply be to the construction standards for a concrete flume. A grass swale would likely be installed instead. PROCEDURE FOR VARIANCE APPROVAL: Subdivision variances are infrequent; however, the City Code does provide for their use in Chapter 110: "Subdivisions ". The specific section states as follows: Sec. 110 -42. Variances. The planning and zoning commission may recommend variances from these regulations to the city council upon written request from the subdivider stating the grounds for such variance. Where the city council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may recommend approval of a variance to these subdivision regulations, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided that the city council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: 1. The conditions upon which the request for a variance is based are unique to the property and are not applicable generally to other properties; 2. A tract has peculiar physical surroundings, severe topographical conditions, or unique environmental qualities worthy of protection; 3. Where a hardship to the owner would result rather than a mere inconvenience; or 4. The variance will not have an adverse effect on the intent of these provisions or the comprehensive land use plan. EXISTING SITE CONDITIONS: One 2,730 square foot single family residence — originally built in 1952 but likely added on to — sat on the whole 5.508 acres until recently. It has been demolished in anticipation of this development. PLATTING STATUS: Unplatted and currently described as Tracts 8, 8C and 8C1 of the Tandy K. Martin Addition, Abstract No. 1055. A Preliminary Plat for Steward Estates was approved by the Planning & Zoning Commission on August 15, 2013. EXISTING ZONING: "R -2" Single Family Residential. COMPREHENSIVE PLAN: "Low Density Residential" THOROUGHFARE PLAN: The development has access to Crane Road, which is designated as a "C2U" 2 -lane undivided minor collector with 60 feet of ultimate right -of- way. Being that most of the properties across Crane Road are all platted, this plat will dedicate what is necessary to achieve the ultimate 60 feet of right -of -way. SURROUNDING ZONING / LAND USE: North: AG Agricultural & R -2 Single Family / Low Density Residential South: R -2 Single Family Residential / Low Density Residential East: AG Agricultural & R -2 Single Family / Low Density Residential West: R -2 Single Family Residential / Low Density Residential ROUGH PROPORTIONALITY DETERMINATION: The public improvements necessary for the subdivision to develop in accordance with the City's minimum standards include the construction of a roadway section (Myranda Court), additional sanitary sewer infrastructure, water infrastructure, drainage facilities and sidewalks. The construction of these public infrastructure improvements is the required responsibility of the applicant/developer. 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 December 19, 2013 meeting and voted to recommend approval of both the Final Plat and the variance (6 -0), subject to the owner of Lot 13, Block 11, Glenann Addition being in agreement. STAFF RECOMMENDATION: Unless the applicant is able to acquire the appropriate executed drainage easement from either or both of the impacted lots on Paula Court prior to this item being considered by the City Council, staff recommends the denial of FP 2013 -10. LOCATION MAP AERIAL MAP LETTER FROM APPLICANT December 12, 2013 Planning Commission CITY OF NORTH RICHLAND HILLS P.O. Box 820609 7301 N.E. Loop 820 North Richland Hills, TX 76180 Re: STEWARD ESTATES, LOTS 1 -15, A & B, BLOCK 1 DRAINAGE VARIANCE REQUEST CASE: FP 2013 -10 Dear Planning Commission: This letter of intent is to request for a variance to the Section 110-42 relative to the Public Works Design Manual. The city ofNRH requires any drainage improvements to convey increased storm water flows shall be required. In this particular situation, we have reduced the post developed conditions at the southwest corner of the project (Design Point 1 as depicted on the Drainage Area Map) by rerouting the storm water flows to a proposed public street (Myranda Court) then into a existing public street (Jerry Court) which has drainage capacity in the street and ROW section to handle the upstream development. It should be note worthy, this proposed development has reduced the overall drainage issues to the adjacent neighbors which so many residents have been impacted. In conclusion, we request the Planning Commission to support the variance to construct downstream improvements. If you have any questions, please contact me. Sincerely, WELCH ENGINEERING, INC. celc, Timothy J. Welch, P,E. Cc: Derick Murway CALIserslTim Welch \ Documentsl 1- DOCUMENT5',1 -TRA? SEE R'201312 - COMSTOCK - Drainage Variance Request 12- 12- 13.wpd PAGE- 1 FINAL PLAT HZ MCs DOME? r —� elvDK COW ON ADDITION IV.ltlE .Ffd -VOS . PAGE 1e P.RTCr. l+ ' sou KIT Boa< 1 Q Aosog- MTHUDI.c me0: �I DAMS z rorara E42A47 pFSYS !AE he! 02117058937 aRTST car, I ,„ � Lw: I I I 4. / SENERAL NOTES: nc�ano M IC S Ear 7 COURT GLENANN ADDITION i map FILING .178 -19. PA I1 I RR T.G /, fr1 ill POINT Sr arreirMir Lar II I[I P NYY. ji0 i> RT L rarI dACDfWe /02 IDLY PYRPO. Men a ..0727 u® LR sum W A 11041. *1015 C 9009/190 2 LOCATION MAP A FINAL P1AT OF Steward Estates 711 AD31ICH TO THE DTY DI NORTH RICHLAND HILLS, TARRANT CDHNTY. IDEAS MD BONG SITUATED IR TI-E TARO( IL ALARM DJRSEY, ABSTRACT NO. 1055 DECEMBER 2013 15 RESIDENTIAL LOTS 2 DORSCH CPEN SPAS LOTS 0WERAEIELO{ER 0712009• MONTANE DEVELOPMENT CA. LLD 11121rNELSH DI0IEEEIe9O• HC. 5751SA ER ROIREVAR =KM. D, SUITE ]B3 �Nra 5 E A 25 TE 0 IDLER e• }14444 -5710 11244 [91 510 -2910 DWrACP. (EMS MAW' 01[ 3W-EM0 FAH ACE TIN NELW 5.008 ACRES 9M2xoR 111TFELO-HALL 2%MCC85 MSS CEDARS RDAs Su11E o: EMT CA. 10.55 Tolle CAM. [e1]) 5(0-285 e, 580 -2994 FAS 05N ACE ANM"SLLAMS RAT FILED AS INSTPIMDIT N0. 0 - (DED 3014 Ime 0501 2 FP 2013-1D Glenann Addition Third Filing EXCERPT FROM THE MINUTES OF THE DECEMBER 19, 2013 PLANNING AND ZONING COMMISSION MEETING C.4 FP 2013- 10 Consideration of a request from Montage Development for a Final Plat of Steward Estates, 15 residential lots and 2 open space lots on 5.508 acres located at 6721 Crane Road Derek Murway with Montage Development, 170 Players Circle, Southlake, TX came forward with a request for Final Plat of Steward Estates. Chairman Shiflet asked the applicant about the drainage concerns. Derek Murway answered stating when he bought the sight, there were as- builts showing storm drainage on the property. The engineer discovered there are no inlets to the storm drain. During the development phase, all intentions were to drain onto Crane Road into the storm drainage. The underground pipe does not tie into the storm drains. There will be a modified drainage plan with an expensive retaining wall endeavor to keep drainage from going onto any neighboring property. Chairman Shiflet stated that Jerry Court and Paula Court could be affected; it will be drastically reduced but concentrated. Are we improving or compounding for the house on Paula Court? Derek Murway stated we are drastically improving the issues and the homeowners do not want a drainage flume to take up a portion of their lot. The drainage flow from 13 to 5 will be a 60% decreased water volume. Tim Welch, Welch Engineering, 1308 Norwood Drive, Suite 200, Bedford, TX came forward stating the subdivision regulations for the City of NRH state we need to provide some kind of either drainage easement or an impact to the post - development condition. It does not say anything about the opportunity of where you can reduce the overall flows, we have met the intention of not increasing the run -off, but we have reduced the run -off. If there was an existing system in Crane Road that was available, a lot of this water would have been transposed over to that collection point. We also looked at a storm drainage system to the west to run there, but unfortunately, the older neighborhood has sidewalks and irrigation systems and violations to setbacks and other issues that make it cost - prohibitive. One of the solutions for this difficult site is to redirect the water into Jerry Court and also build a retaining wall which will help the neighbors to the south and overall making a positive impact on seven residential lots who have drainage problems. It will reduce over 60 % of the flow and will overall help many residential lots. Steven Cooper asked if in the future Crane Road would open up drainage would it be a simple modification to run the water down not feasible. Tim Welch said no, because now it is going east to west, you would have to tear up existing concrete and raise two feet then run back over. In the future, when Public Works makes the modifications on Main Street, bring the box culvert up and run into Jerry Court and enclosed into a drainage system. Don Bowen asked if drainage on both streets goes to Main Street and are we decreasing or increasing the Main Street flow. Tim Welch answered the flows presented are the same ones in the City of NRH 1985 Master Plan with the same calculations in the 2001 Study of Crane Road. It is just redirecting and going to Main Street. The future Capital Improvements will help take care of these issues. There was not adequate funding to make the connections in 2001 and no additional funding was given for the improvements on Crane Road. Clayton Comstock summarized stating the above mentioned request is for a Final Plat for 15 residential lots and 2 open spaces. There are no necessary easements required because a connection is there for the flume. The variance request is for lot grading as is relates to the Public Works Design Manual. Greg VanNieuwenhuize came forward stating the lots west of Jerry Court and north of Paula Court are getting about 13 cubic feet per second of water during the 100 year rain event. The engineers stated that amount of water is drastically reduced, but because the subdivision is draining from an easement onto property without an easement, Public Works criteria requires that drainage be contained within a drainage easement and an acceptable drainage structure, such as a flume, or the downstream owner's acceptable of the water they are getting. After speaking to both of the property owners at Lot 13 and 14, they want to speak about the concerns they have. Property owns at lot 13 are not in town at the time and want to wait until next week to decide. Public Works Department cannot support the variance until such time we know both property owners are in favor of the variance. Mark Haynes asked if on average if the flow has been at 13, how the flows compares between the properties affected. Greg VanNieuwenhuize said the 100 year rain event is fairly significant and is rarely seen. The 2007 rain events did not even hit 100, so that tells you how substantial a 100 year rain event is. No strict comparison can be really made. Steven Cooper asked for clarification of the proposal. There was general discussion about the variance and proposal. Clayton Comstock said regarding the Plat itself, the lot dimensions meet the Zoning Ordinance and Staff recommends approval of the Plat, the hang -up is on the variance request and Staff recommends waiting until the property owner has his questions addressed before recommending approval of the variance. The Planning and Zoning Commission can either recommend approval or denial of the variance to City Council, when City Council reviews the variance, they have 4 criteria they have to approve or deny the variance on. They are stated as such: 1. The conditions upon which the request for a variance is based are unique to the property and are not applicable generally to other properties; 2. A tract has peculiar physical surroundings, severe topographical conditions, or unique environmental qualities worthy of protection; 3. Where a hardship to the owner would result rather than a mere inconvenience; or 4. The variance will not have an adverse effect Chairman Shiflet asked the Commission if there was a consensus to allow a 3 minute presentation to citizens wishing to speak. Alex and Kelly Dixon, 6516 Paula Court, NRH came forward with their drainage concerns. He stated he is quite happy with the recommendations made and is in agreement with the development. Derek Murway asked if it would be acceptable to approve the request contingent upon meeting with the other property owner prior to City Council which will allow moving forward and not losing a month for development. APPROVED Bill Schopper motioned to approve the Plat for FP 2013 -10 and recommend approval of the variance subject to Lot 13 being in agreement. The motion was seconded by Don Bowen. The motion passed (6 -0). Don Bowen asked for clarification from Greg VanNieuwenhuize about the Public Works recommendation. He said if Mr. Day is of the same sentiment from Lot 14, we would recommend approval of the variance. Or if Mr. Day wants some sort of drainage easement and the developer is willing to construct it, he would no longer need the variance. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. D.2 RP 2013 -13 Consideration of a request from Claymoore Engineering for a Replat for Lots 2R1 and 2R2, Block 1, Davis -North Tarrant Parkway Addition on 15.394 acres located at 8450 Davis Boulevard Presenter: John Pitstick, Director of Planning & Development CASE SUMMARY: On behalf of property owners North Richland Centre I, LP, and Randall's Properties, Inc., Claymoore Engineering is requesting approval of a replat of 15.394 acres at the southeast corner of Davis Boulevard and North Tarrant Parkway. The replat would create two commercial lots —one large lot of 14.361 acres and one pad site lot along North Tarrant Parkway of 1.033 acre. The property is currently platted as Lot 2, Block 1, Davis -North Tarrant Parkway Addition, although deed records show the property has been subdivided by metes and bounds after platting, hence the multiple ownerships involved. The primary purpose of the plat is to correct lot boundaries in preparation for formal conveyance and possible future development. Future development would likely require further replatting. At that time, utility and access easements would be defined and formalized. This same property was brought to the Planning & Zoning Commission on December 20, 2012 under case RP 2012 -10. At that time, it was a replat for three lots instead of two. The applicant requested to withdraw that application prior to it being heard by City Council, so no formal approval was ever received. CURRENT ZONING: "C -1" Commercial COMPREHENSIVE PLAN: "Retail." The existing zoning and proposed lot configuration would support such uses. THOROUGHFARE PLAN: The lot has frontage on both Davis Boulevard and North Tarrant Parkway. Davis Boulevard is designated as a P6D 6 -lane divided arterial with 120 foot of right -of -way. North Tarrant Parkway is also designated as a P6D, with 200 feet of right -of -way. Adequate right -of -way exists along both frontages. ROUGH PROPORTIONALITY: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. The basis of the approval of the replat is the construction plan submitted for Davis -North Tarrant Parkway Addition Block 1, Lots 1 & 2 sealed by Christopher M. Jones, P.E. on 1/19/1999. These plans must be updated to reflect current City standards, but the essential drainage, water, sanitary sewer and paving elements are still required. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission considered this item at their December 19, 2013 meeting and voted to recommend approval (5 -0). STAFF REVIEW & RECOMMENDATION: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Staff recommends approval of replat request RP 2013 -13. LOCATION MAP North Tarrant Pkwy AERIAL PHOTO 41 , # ,INI ba_Liti y ' .•••,„ -4-i.4' i 17.-, ,.344..._,...,, • Lc .4,, 1,s. „ ,_,__Irj R . . R---• - 7 ....' 1 • ,....! R et • NoethNial-rant Pkwy L--, .. . ..< . .. .. , . , N.,.:,._, R • - k ....k.i. , ' , di.-`24,c.,A '..,„J'"',..„.2_,„,;: "1 ,, i ----..- „, , 11..3.. , — • ..* r—r : • k .ii 1 ... 4 7-1- Ilk , NW ''' ...-. ; ' ' , '; \ [mo ' in 'IP"' r! - v •,, A 0 .., , *3(r.fr ' ' - -,., ., . , , , r ‘ .g REPLAT EXHIBIT 500, ,5750 wry 10 NYHr•111 [4555. by 055,5P ord wona1;lx. 1.713 bee wd ord.eu• a., • • et, are b Pr. erd ottlaing aln.. re, Weer gem,. CrossAoms Is rep■Ped tekeen cr:Jxml UV 2P I and!. 2R2 M .,.,,bd,SI 0d.134 thc ir= cr .161 rcd camrc cpn=nc. Cn3.3.45.5 31531 rnFoi. onnarha 1tRASte ■:5•115 21.,,ornr055,11•45 51., .115001. tone .5...Yroidrcr Oty 50 II,. rn:rnnwn cceekerVa'A iv... T /I my 1..... . Frd •A1t:c .1 [Ku -A19-I-Q-6R13,,„,„ - - - - - - - 15,51-01.14.15.4534.45 50.55.0001.10.53.5.11.1,0.5 , occ•'%%.15:ccnal5"Lc..7:137.2250%...1•05c1557. •••55095,1-c55.175.015.5 Cm. BEGINNING ' ,,,..:,-; - r:=..:e121.1.;....ccat=ir (1111$114111)v / / / / / / / , ..,..,. ,/,54' 1 (.709•74.44Ac8 mres r■ I / ., -e ,so.....z:ved 6 , 1 f 1 /-___. --.,_.. Coma, R.1.2,1,1A 1.151508.3 07 5.1.1045 rc.11585,33.0.11.351• 5.3 01455.31.1 to 13 71F 7...,.. NM t ge. ----- •=.1.••1,40.4.4.•:.7.014 4.5.5 4.5:415.= ••,..40014..-.5'15 •• .554404 5.8. latet-•=.1■14:=1-1====r1rer `'`'''' Pcileiruf Addrcr, I NCRTH TARRANT i V•95.177'51'170==f051=.11r*"'"""'''''' N. S.., Ms-, •30.1 0.4 cLan..3.- Cd*CP A Ptle a7FF, 81:1350110 el bl•• darcro 1 la erRFA, 10,17,1:, a TE 0,03.517,1=0 7 FR -5.351C.DI [Mr.. :■•••15 51, .. r• ea. 3015,L cp.. 8,1:1 4.04 / / i ' -. N. Lora,07 •.. :•,,,,mar kourrort PRT•Ci , -7 7 I '- -..) I Ili L11-7,7Lrr- _ 1....s i (.15770116 I r LCT 21I2 i / : ,.. 1 , rWp,r, ..L.-71514-.. EY .., ..! ..,..,4,0111c00:„..,A.40,TC03; ta, ,i ;', tL,....„:„...4.:1,.......vIrr,514821....==;....:.:=....7113.545:7=:,71.7".,..,....7c,......27...:0:::.14;71.01518..:11.,....::. ' ' '".'"'.. ; I 54.41.41583•111155 81.115 ; ' '' W67013=1:7•51;-,,;4' 40.05.54 5.3415.1508.aeml la. i i );I / / / Gctra,'''''',Orrrs"pa UV ---51 -."- \1 '' ', r ..,.... A ... le ...Ye 54 5 "Wer.53 , 1 :, ,.. .....r ..., - 1,,a, vo uk, :i....., -WY.. 62Nroa, Ca n r4.,Pts li o OPP 1 CPMFODESS5c&E,T . .1. II . .,..._ 1 ; r----- 1 ----,* ,.......,.. cr car, b., rrem uruer , ep.ur onna gram iftl / 1.5. Y5b1a.1.,,rml'' - ---4,5---Erdb.we.- 1 .75 543531.15451.014:51 1 C 1 ,i 55.5 30140855...:•505L0_5345,,:51 I /I V Mr p•Wr .. .1.3-1,snno Wal,ro .0;1 stn,rtr no,o7 r• . i / / . . ' ' , : / 1 . - 4, ) Asyr , .. ,,,,,,,:•••••••••••••,_ • . 11.7: .... . -, ''''''' ''' ha. J 352. .5J 153651 Pap , Vl• ,....-..:. ,04.51-0,0 7.1,7 / Cr-,- 57:P / / =RTC!. 15,1-19 PM1n i r•7 I I c;;::::::. / ,..• '0•• ., r,,-:,/,ime,1=IrN pc (T / / •,. ) / / / I, r- EV vE: - - --'74"0., / ,...„ ,; , , % ',."..../ •g1,17.,:koe 5•780'r ' 6 1.15 / / 3, LOT 211 ••• 14-461 ACES ,4......,,61.5.,55.1 Si) ,........N,. / .... ^,.. ..,..9......,Fir t. .. I :AM! 01- NAGI .16 FRITYIWW0 --1.,111:6 , •'••' • 1.41_ 9&39•7.,:i 91 ...',7 J- F1555, ,/,;1/ \ •, .. =Law on / / _..., / / ati. P.R. .0 -- --. - ______ e.....,./ / / / r ,. A,- • -., /,' ,,,,, II , . , z ,./ .. .,__] ,.. L, 2..8111 I 1 / / /1 / / :k•'-• <;5' / 1.Xrva Nrrrh -prrr.rr C....Y.*, .■.. Pm 478;I .-• '•z / / / / 153,1085r1814.7 .......//‘ C1.3C1,4'S A. Pooe -0735' P3,11120•4473,110- ' -,=.- 5.5•557. 0•'..;.:' / / / .:1•4:,,13_r 44 • 0 / / / I ,-• -1 ORM- „._//,/ # 15.394 ACRES r,,,,r,,,,r, i / / r 'r---. .? 1670,583 S.F1 f• 1 /PAT OF TZACT 5 .• / 7..r....7. 247.7..T7.-.7.-.-,. ••,, -,-. •=-., I I . , . ••,. I M.O. M., 1,55 .5.1,5 • -1-1:M7=T -",-r."2.: L., ..•=75'. ":1'...'... . 7r heene••■.3. '.... .ZE..,. it :L.::'.N .31741=iig•iirr, .21..10 •f'. / ,.. , ,,..,, : 3FEN1WZCO ESTATE ' Va. 3 PO-92, ,G. 31 IL'..brokoar....^. 15 5:11.77. ''''''94 • 40,1 1 1 4.535105.5.11,0.82 ,,.... - 43051 1. 8881,019 \ 1,71 Pli I.0 I 7,73 Lcr ELOCHlil Am •20•21. eN ,11.7.910.04.W. 7."::"'D3R-use 505ST. 1 01 Cr A 5b13 2122 L'31 9 Ld” 113 1, My:awn!, IROC* 2 113117 I I T„,44 0 I. I Procra Ccti-et A, Sire 4134 PPIC.T L THDPNINAY E33M FV1T-CSAVM) 34 14 341 Lel '.612 POrit■ID TTO WU( 2 *crEe. V 13.534o47413 ' 17 Ill I 3_CCH ..acrer,...S. 414 T 1 J_ 5,1,1 - IANSHSICOSTIS. 53514.01158533336.15 1401 • 10.01411.1.11,51111 0125551. 1385.11 414421410 .111v. A. WI A )_ 085 in,. 51c xrs. _ff5._ 55_ NMI City Casa #2013-13 LOT 2R1 &2R2O13OCK1 DAYIS-NORTN TARRANT PARKWAY ADDITION 14241re1,10. 21.001 I. 1311/032111 011:104 57-1-11-01. •21412.., 0 PPM e7 59 OF 5-.5., 0,75,, 03111.1.a5.1. 57.15,11035 .0 5 1. 1 ••5., ,5115:45 150 554 501 "...• •41-4 111 I Be&gi Gran. Inc EXCERPT FROM THE MINUTES OF THE DECEMBER 19, 2013 PLANNING AND ZONING COMMISSION MEETING C.2 RP 2013 -13 Consideration of a request from Claymoore Engineering for a Replat for Lots 2R1 and 2R2, Block 1, Davis -North Tarrant Parkway Addition on 15.394 acres located at 8450 Davis Boulevard. CONTINUED FROM THE NOVEMBER 21, 2013 MEETING Clay Kristy, Claymoore Engineering, 2328 Lotus Avenue, Fort Worth, came forward with a request to create two separate lots, one for the client to retain and the other for another company to purchase. There was previous development planned for this property, but at this time there is no knowledge of the intended development. Clayton Comstock said this request for Replat at the stated address is to combine different parcels into just two parcels for future development. All access, utility and drainage easements seen are based on a previous development approval and it is intended this will be replatted again in the next year or two to accommodate future development. Staff recommends approval. APPROVED Mark Haynes motioned to approve RP 2013 -13. The motion was seconded by Steven Cooper. The motion passed (5 -0). N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. E.0 PUBLIC WORKS No items for this category. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. F.0 GENERAL ITEMS N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. F.1 Authorization for construction contract for new animal shelter and approving project change order #1 Presenter: Jimmy Perdue, Public Safety Director Summary: City Council is being asked to authorize the City Manager to execute a Construction Contract with Modern Contractors for the construction of a new Animal Adoption and Rescue Center in the amount of $4,178,000 and approve change order #1 to the contract which reduces the contract amount by $515,500 making the final approved contract amount $3,662,500. General Description: The current animal shelter opened in 1987. In 2002, after 15 years of continuous use, the City realized that it needed to upgrade its facility and create a more modern and efficient facility utilizing the newest technology and design. As part of the 2003 bond election, voters approved general obligation bonds that when combined with donations would support the construction of a new facility at an estimated project cost of $3,000,000. Over the course of the next 10 years the City looked at various approaches to the new center ultimately deciding to construct a new facility on City owned land at Dick Fisher Dr. North and Iron Horse Boulevard. Due to the increase in construction costs a revised project budget of $3,413,850 was established for the project. Quorum Architects was hired by the City in October, 2012 to complete the design of the facility. This work was completed in October 2013 and consisted of a facility with 10,303 sf. with an estimated construction cost of $2,681,000. A request for qualifications was issued seeking qualified contractors to bid on the project and a total of 10 bids were received on October 17, 2013. The construction bids ranged from a low of $3,950,000 to a high bid of $4,964,000. Three of the bids submitted were rejected for failing to follow the proper submitting criteria. The following companies submitted bids: • Cooper General Contractors • Struhs II Contractors • Tegrity Contractors • Schmodlt Contractors • Ratliff Contractors • Imperial Contractors • Mart Contractors • Modern Construction • Steele Freeman • Joe Funk Construction A review committee was appointed by the City Manager comprised of a wide cross section of City Department directors, city staff and representatives from Quorum Architects. The committee reviewed the bids based on which proposal offered the best value to the City. The committee ultimately decided to recommend awarding the construction bid to Modern Contractors with a base bid of $4,178,000. Modern Contractors is a certified minority owned business with its offices in Bedford Texas. They are currently constructing an Emergency Operations Center /Animal Shelter for Hood County and recently completed the City of Euless Natatorium /Family Life Center. They have worked extensively with Quorum Architects and specifically have built the animal shelters in Lewisville, Carrollton and Cedar Hill. It was this depth of experience with similar projects and a familiarity with our architect that weighed significantly in the recommendation. All of the entities that were contacted gave positive comments and recommended them for any future projects in their City. The two remaining lower bidding contractors had neither the experience in constructing adoption centers or familiarity with Quorum. The committee felt that Modern would be able to bring the best value to the project and construct a facility to the community expectations. Following the selection, city staff met with representatives of Modern Contractors and Quorum Architects to value engineer the project and look for potential reductions in the overall cost of the project. The goal of the group was to avoid reducing the size of the facility as well as the general feel of the building. Working in a collaborative manner the group was able to identify savings of $515,500 while still maintaining the character of the original design. This reduction makes the final construction budget $3,662,500. Recommendation: To authorize the City Manager to execute a construction contract with Modern Contractors for $4,178,000 for the construction of the new NRH Animal Adoption and Rescue Center and approving project change order #1 in the deduction amount of $515,500. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. F.2 Award Bid # 14-007 for Bayou Banquet Decking Material at NRH2O to Home Depot in the Amount of $60,631.40 Presenter: Vickie Loftice, Managing Director Summary: The City Council is being asked to award the contract for purchase of replacement decking material for the Bayou Banquet areas at NRH2O Family Waterpark to Home Depot. General Description: Funding is available for this project in the currently approved Capital Project Budget for WP1401, Bayou Banquet Decking Replacement. The existing decking located throughout the park has been in place since 2006. The current deck is wearing out and has started to warp and crack in numerous places. Over the years staff has patched and replaced smaller sections of decking, however, replacement decking of the same manufacturer and color is no longer available. For improved product performance and longevity staff is recommending Trex, a wood - alternative composite decking that is low maintenance and good quality. The material is resistant to fading and staining and it will not warp. The specified 2" thickness of the material will be compatible with the existing support structures and joists. Notice of the City's intent to bid was advertised in the local newspaper as required by state statute and posted on the City's website. Notice of the City's intent to bid was also sent to 43 vendors requesting them to participate in this bid process. Home Depot was the only vendor to respond to the bid. Based on previous estimates for budgeting purposes the bid is well within range of anticipated costs. Recommendation: To Award Bid # 14 -007 for NRH2O Bayou Banquet Decking Material to Home Depot in the Amount of $60,631.40. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. G.0 EXECUTIVE SESSION ITEMS N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. G.1 Action on Any Item Discussed in Executive Session Listed on Work Session Agenda N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. H.0 INFORMATION AND REPORTS NRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. H.1 Announcements - Councilman Barth Announcements City Hall and other non - emergency city offices will be closed on Monday, January 20th. The NRH Public Library and Senior Center will also be closed. Garbage and recycling will be collected as normally scheduled. NRH2O is hosting the annual Polar Plunge on Saturday, January 25th benefiting the Special Olympics. Registration will begin at 9:00 a.m. and the event will start at 10:00 a.m. For more information, visit NRH2O.com /plunge. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Campaign Chair Cecilia Barham and Team Captains Ricky Bryant, Tina Earle, James Edwards, David Smith, Kyle McAfee, and John Pitstick — A letter was received thanking city employees for putting time and effort into ensuring that the 2013 American Heart Association's Heart Walk was a success. More than 96 city employees participated in the walk raising $12,500. The association was grateful for everyone's dedication and looks forward to partnering with city employees again for the 2014 Heart Walk. N RRH COUNCIL MEMORANDUM From: The Office of the City Manager Date: 1 -13 -2014 Subject: Agenda Item No. H.2 Adjournment