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HomeMy WebLinkAboutCC 2007-08-13 AgendasCITY OF NORTH RICHLAND HILLS CITY COUNCIL WORK SESSION AGENDA NORTH RICHLAND HILLS CITY HALL PRE - COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 13, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 I R 2007 -096 Red Light Enforcement Update (20 Minutes) A.3 I 2007 -097 Review of PEACE Program (15 Minutes) A.4 Adjournment ('Prtifiratinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 10, 2007. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TEXAS Monday, August 13, 2007 7:00 P.M. 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: ❑ Library on the Friday prior to the meeting (available electronically) ❑ City Hall on the day of the meeting (hard copy available) Additionally, the agenda packet is available for download from the City's web site at www.nrhtx.com after 5:00 p.m. on the Friday prior to every regularly scheduled Council meeting. - - -- - -- - -- - -- - -- - - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - - -- - -- - -- - -- - -- - -- - -- - -- - -- - - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- A.0 Call to Order - Mayor Trevino 1 =�1� � � • � �•iRT•�IP i�iii: - �1'i'�i A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognitions ): IR 2007 -099 Distinguished Budget Presentation Award for Fiscal Year 2006/2007 A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 23, 2007 City Council Meeting B.2 PU 2007 -038 Inter -local Agreement with The Cooperative Purchasing Network — Resolution No. 2007 -049 B.3 FP 2007 -02 Consideration of a Request from Otis Lee of CivilWorks Engineering to Approve a Final Plat of Lots 1R, 2 -4, Block 1, DJ Anderson Addition, (Located in the 8500 Block of Davis Blvd - 5.049 acres). B.4 FP 2007 -09 Consideration of a Request from Mark Comis of Royal Building Corporation to Approve a Final Plat of Lots 1 -2, Block 1, Creekside Estates, (Located on Simmons Road and Stewart Drive - 0.8768 acres). C���1�J:J�[ypl�:1:71�Ce C.1 ZC 2007 -09 Public Hearing and Consideration of a Request from Johnson Diversified Enterprises, Inc. to Approve a Zoning Change from "C -1" Commercial to "R -PD" Residential - Planned Development (Located in the 6800 Block of Hightower Drive - 22.30 acres) - Ordinance No. 2942 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS No items for this category. ;98 �e1:l11:11:7:1011 :1LTA F.1 CN 2007 -065 Setting Date for Public Hearings for 2007 -2008 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.2 CN 2007 -066 Setting Dates for Public Hearing on Proposed Tax Rate and Record Vote on Placing the Tax Rate Adoption of the September 10, 2007 Council Meeting F.3 INFORMATION & REPORTS - IR 2007 -100 TRTC: The Future of Transportation - presented by The Honorable Mayor Ken Sheffer, City of Burleson F.4 INFORMATION AND REPORTS - Councilman Turnage F.5 Adjournment All items on the agenda are for discussion and/or action. ('Prtifiratinn I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on August 10, 2007. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817427 -6060 for further information. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre - Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 13, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meetinq A.2 IR 2007 -096 Red Light Enforcement Update (20 Minutes) A.3 I 2007 -097 Review of PEACE Program (15 Minutes) A.4 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -13 -2007 Presented by: Agenda No. A.1 Subject: Discuss Items from Regular City Council Meeting INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -096 Date: 08/13/2007 Subject: Red Light Enforcement Program Update The Automated Red Light Enforcement Camera program began on April 30, 2007 with the installation of a camera at the southbound approach of the intersection of Rufe Snow Dr. and Mid - Cities Blvd. The program included an initial 30 -day warning period during which time warning letters were issued and no fines were incurred. After the warning period expired, the City began issuing Notice of Violations. Through August 6, 2007, 173 notices have been printed and mailed. More details as to the experience and statistics thus far will be presented at the Monday Council worksession. Cameras installed at the northbound and southbound approaches of the intersection of Rufe Snow and Dick Lewis Dr. intersection recently became operational. Additional high - traffic intersections have been designated as locations for future camera installations. Since these locations are on a state highway, plans for these approaches have been submitted to the Texas Department of Transportation and final approval is expected in August. These intersections are: Davis Blvd. at Maplewood Dr. - northbound and southbound Davis Blvd. at Harwood Rd. - northbound Davis Blvd. at Lola Dr. - southbound Mid - Cities Blvd. at Davis Blvd. - east bound 1 -820 access road at Rufe Snow Dr. Our Ordinance was recently updated to comply with the changes made to the state law governing red light cameras. In addition, the City hired a hearing examiner to review appeals of red light violations, and the Council will soon appoint its required citizen advisory committee to advise on the operation of the program. Respectfully Submitted, Jimmy Perdue Chief of Police ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -097 Date: August 13, 2007 V Subject: P.E.A.C.E. Programs P.E.A.C.E. is an umbrella program that stands for Public participation, Education and, Assistance for a Cleaner Environment. The purpose of P.E.A.C.E. is to combine similar programs and resources to provide assistance to residents in need with property maintenance and ultimately to improve the quality of life in our community. Programs included under the P.E.A.C.E. umbrella are LOOKS, LitterNot, Neighborhood Initiative Program, Community Development Block Grant, the TXU funded Special Emergency Projects and the new Tarrant County Home Funds. This evening the emphasis will be on the Neighborhood Initiative Program, the TXU funded Emergency Special Projects and the Tarrant County Home Funds. Through the LOOKS program citizens are educated on code requirements and can monitor and report valid code violations. The LitterNot program identifies public areas within our community where litter constantly accumulates and becomes an eye sore. Keep NRH Beautiful solicits community involvement and monitors these areas to ensure that these areas are maintained by volunteers. The Neighborhood Initiative Program utilizes donations and volunteers to complete property maintenance projects for the elderly, disabled and single parents. In the last six months over 50 projects have been completed by volunteers. The program continues to grow as church groups and businesses contribute volunteer hours and funding. An additional $90,000 one time allotment was made from the TXU funding for emergency repairs such as heating and air conditioning, plumbing repairs, etc. for qualifying citizens with those special needs. Two citizens have been helped through this program this year. Community Development Block Grants are available for qualifying citizens who are in need of housing repairs such as roof, foundation, plumbing, electrical, weatherization. According to the Tarrant County Community Development and Housing Division 7 CDBG projects were completed in 2005, 3 in 2006 and one so far in 2007. There are 3 other projects in progress and 7 on the waiting list. ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS � The Tarrant County Home Fund will be used to subsidize the Community Development Block Grant in helping low income, elderly, mentally /physically disabled, or single parents in maintenance of their homes, often eliminating code violations or repair of substandard housing. HUD now requires each city to match 114 the cost of the repair of a home, with a minimum match money set of $25,000 /per city. For a $25,000 match HUD will set aside $100,000 through the Home Fund grant. The $25,000 that the city is required to match can come from several sources but must be non - federal money. The City may waive inspection fees, permit fees, etc., which can go towards the match. A minimum of $1,000 and a maximum of $23,000 can be spent per house for repairs. Another related program the Council authorized is a utility assistance program with the use of the TXU settlement funds. These funds assist individuals who qualify for assistance due to their income situation, loss of job, disabled, etc and who are qualified and reviewed through the Community Enrichment Center. Thus far nine (9) residents have been assisted through this program for water utility assistance. Again this program is to assist with individuals who are having unusual situations. This presentation is for informational purposes only and does not require City Council action. Respectfully submitted, Joann Stout Director of Neighborhood Services Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 8 -13 -2007 Agenda No. A.4 City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76180 Monday, August 13, 2007 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Councilman Barth A.2 Pledge - Councilman Barth A.3 Special Presentation(s) and Recognition(s): IR 2007 -099 Distinguished Budget Presentation Award for Fiscal Year 2006/2007 A.4 Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. The Texas Open Meetings Act prohibits deliberation by the Council of any subject which is not on the posted agenda, therefore the Council will not be able to discuss or take action on items brought up during the citizens presentation. A.5 Removal of Item(s) from Consent Agenda B.0 CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. B.1 Approval of Minutes of July 23, 2007 City Council Meetinq B.2 P 2007 -038 Inter -local Agreement with The Cooperative Purchasing Network — Resolution No. 2007 -049 B.3 FP 2007 -02 Consideration of a Request from Otis Lee of CivilWorks Engineering to Approve a Final Plat of Lots 1 R, 2 -4, Block 1, DJ Anderson Addition, (Located in the 8500 Block of Davis Blvd - 5.049 acres). B.4 FP 2007 -09 Consideration of a Request from Mark Comis of Royal Building Corporation to Approve a Final Plat of Lots 1 -2, Block 1, Creekside Estates, (Located on Simmons Road and Stewart Drive - 0.8768 acres). C.0 PUBLIC HEARINGS C.1 ZC 2007 -09 Public Hearing and Consideration of a Request from Johnson Diversified Enterprises, Inc. to Approve a Zoning Change from "C -1" Commercial to "R -PD" Residential - Planned Development (Located in the 6800 Block of Hightower Drive - 22.30 acres) - Ordinance No. 2942 D.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.0 PUBLIC WORKS No items for this category. F.0 GENERAL ITEMS F.1 GN 2007 -065 Setting Date for Public Hearings for 2007 -2008 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets F.2 GN 2007 -066 Setting Dates for Public Hearing on Proposed Tax Rate and Record Vote on Placing the Tax Rate Adoption of the September 10, 2007 Council Meetinq F.3 INFORMATION & REPORTS - I 2007 -100 TRTC- The Future of Transportation - presented by The Honorable Mayor Ken Sheffer, City of Burleson F.4 INFORMATION AND REPORTS - Councilman Turnage F.5 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Call to Order - Mayor Trevino Council Meeting Date: 8 -13 -2007 Agenda No. A.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Invocation - Councilman Barth Council Meeting Date: 8 -13 -2007 Agenda No. A.1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Pledge - Councilman Barth Council Meeting Date: 8 -13 -2007 Agenda No. A.2 CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -13 -2007 Presented by: Charles Cox Agenda No. A.3 Subject: Special Presentation(s) and Recognitions): IR 2007 -099 Distinguished Budget Presentation Award for Fiscal Year 2006/2007 Recommendation: No action necessary INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -099 r, Date: August 13, 2007 Subject: Special Presentation — Distinguished Budget Presentation Award for Fiscal Year 2006/2007 The City of North Richland Hills has received the Distinguished Budget Presentation Award for its Annual Budget for the fiscal year beginning October 1, 2006. The Budget Award is a prestigious national award presented by the Government Finance Officers Association of the United States and Canada (GFOA) recognizing conformance with the highest standards for preparation of exemplary budget documents. The Distinguished Budget Presentation Award is valid for a period of one year only. The City has received a Distinguished Budget Presentation Award for the last seventeen years. Governments participating in the program submit copies of their approved budget documents for review by an impartial panel of budget experts. Each budget document is evaluated using a comprehensive checklist with four guidelines. The guidelines are designed to assess how well an entity's budget document serves as: a policy document, a financial plan, an operations guide and a communications device. The focus of the Budget Review program is on the management elements of the budget document and its effectiveness in a policy and public environment. Its emphasis on the Performance Measures brings accountability to government through documentation and further assists City Council and management through long range policy planning for the City's future. It is generally found that jurisdictions whose budget documents are properly prepared tend to avoid many of the common weaknesses in governmental financial management. The program encourages participants to address the needs of elected officials, the public and interested parties in financial policies of the City, and encourages guidance in operations and improvements. It helps avoid the tendency of budgets to become static, directionless financial documents. A good budget document also provides an excellent opportunity to communicate with the public, the financial community and the media. It reinforces the needs of non - technicians to obtain a general understanding of governmental finance through the budget document. Mr. Charles Cox, Director of Finance, City of Farmers Branch, and current President of the GFOA Board of Directors, will be at the Council meeting to present the Distinguished Budget Award to the City. No action is needed by Council, but we do commend Karen Bostic, Managing Director Administrative /Fiscal Services and Drew Com, Budget and Research Director, for their professional efforts in the City's receiving this prestigious award for the seventeenth consecutive year. This award also represents the efforts of many others as budget preparation is a total team effort starting with the leadership of City Council and management, followed by the hard work of each City Department. Respectfully Submitted, Larry J. Cunningham City Manager ISSUED BY THE CITY MANAGER I NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -13 -2007 Presented by: Agenda No. A.4 Subject: 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. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Removal of Item(s) from Consent Agenda Council Meeting Date: 8 -13 -2007 Agenda No. A.5 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -13 -2007 Presented by: Agenda No. B.0 Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -13 -2007 Presented by: Agenda No. B.1 Subject: Approval of Minutes of July 23, 2007 City Council Meeting Recommendation: To approve the minutes of the July 23, 2007 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 — J U LY 23, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 23rd day of July, 2007 at 6:00 p.m. in the Council Work Room prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Place 3 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 David Whitson Council, Place 5 Tim Welch Council, Place 7 Staff Members: Larry J. Cunningham City Manager Jim Starr Interim Assistant City Manager Ogden Bo Bass Assistant City Manager Karen Bostic Managing Director Administrative /Fiscal Services Patricia Hutson City Secretary George Staples City Attorney Mary Edwards Public Information Officer Elizabeth Reining Assistant to City Manager John Pitstick Director of Planning & Development Larry Koonce Finance Director Mike Curtis Public Works Director Vickie Loftice Parks & Recreation Director Jimmy Perdue Police Chief Drew Corn Budget Director Thomas Powell Support Services Director Jamie Brockway Purchasing Manager Greg VanNeiuwenhuize Assistant Public Works Director Kirk Marcum Assistant Fire Chief Absent: Scott Turnage Council, Place 6 fall to (-)rrlar Mayor Trevino called the work session to order at 6:00 p.m. A.1 Discuss Items from Regular City Council Meetinq Agenda Item F.2 — CN 2007 -061 - At the request of Mayor Trevino, Mr. Pitstick discussed the effective date for the proposed Gas Well Drilling and Prevention ordinance. Mr. Pitstick advised that the Harding Company had been working for several months on a site within the City and their application is ready for submittal. They do not have a problem with the ordinance, but have requested an effective date of one week later. Staff has been working with the Harding Company and they are agreeable to an August 1 effective date. A.2 I R 2007 -089 Review Calloway Creek Study Ms. Vickie Loftice, Director of Parks and Recreation, explained that the purpose of the Lakes at Calloway Creek Study was to evaluate the feasibility and costs associated with creating a lake(s) or other attractive feature within Calloway Creek between North Hills Hospital and the new Medical Office Building. Ms. Loftice clarified that the improvements to the creek are separate from the future trail currently under design. The trail project will not include any improvements to the channel. Funding for the trail is provided through Parks' /2 Cent Sales Tax and an Intermodal Surface Transportation Enhancement (ISTEA) grant. Funding for improvements to Calloway Creek has not yet been allocated. The LopezGarcia Group was selected to perform the Lakes at Calloway Creek Study. Mr. Richard Albin with LopezGarcia presented a PowerPoint presentation giving an overview of the study and report. Council was shown a location map of the study area, current floodplain limits and the effect of the proposed improvements on the floodplain, existing channel conditions and concept plans of proposed channel and lake improvements. Council was advised that if the project should be approved it will take approximately 2 1/2 years to complete. In response to questions from Council, Mr. Albin discussed the depth of the lakes and silt build up in the channel. After discussion by Council, the consensus was to move forward with allocating funding for the proposed improvements to Calloway Creek and to coordinate the trail system project with the improvements. A.3 IR 2007 -090 Upcoming Police Department Community Meetings Chief Perdue advised the Police Department will be hosting a series of public meetings within each geographical district to encourage communication between the citizens and police officers. The meetings will provide information on services the Police Department provides to the community. Efforts will be made to keep the meetings focused on police matters. Any questions related to other non - police municipal services will be forwarded to appropriate departments to follow up. The meetings are not intended to be political forums, but an opportunity for the Police Department to communicate with citizens. Plans are to schedule the first three district meetings in the September to November time frame this year with the remaining meetings scheduled in early 2008. B.0 EXECUTIVE SESSION - Pursuant to Section 551.071, Texas Government Code to Consult with Attorney about Pending Litigation Mayor Trevino announced at 6:29 p.m. that the Council would adjourn to Executive Session as authorized by Section 551.071 of the Texas Government Code to consult with the City Attorney about the following pending litigation: a) Davis v. NRH, et al. - Civil Action No. 4:00 -CV- 438 -Y; b) Friend v. City of North Richland Hills, et al. - No. 342- 218419-06; c) Rodgers v. City of North Richland Hills - No. 06- 437021; d) MK Media, LLC and Markham Kopang v. Officer Lowery (City of Garland) and Todd Espy (City of North Richland Hills) No. 07- 04200 -K. C.0 Adjournment Mayor Trevino announced at 6:37 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.0 CALL TO ORDER Mayor Trevino called the meeting to order July 23, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Suzy Compton John Lewis Ken Sapp Tim Barth David Whitson Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson George Staples Absent: Scott Turnage Mayor Mayor Pro Tem, Council Place 3 Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 5 Council, Place 7 City Manager Assistant City Manager City Secretary Attorney Council, Place 6 A.1 INVOCATION Councilman Whitson gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Whitson led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) YARD OF THE MONTH AWARDS JULY 2007 Councilman Lewis and Diane Spradling, Keep NRH Beautiful Commission member, recognized the following Yard of the Month recipients for the month of July: Gene and Cheryl Lambright, 6621 Briley Drive; Elizabeth Huski, 4708 Deville Drive; Charles & Cathy Mayberry, 6353 Skylark Circle; Henry & Lupe Sandoval, 5805 Steeplewood Drive; Sam and Malta Akins, 8600 Beetle Nut Lane; Russell & Rebecca Wolff, 6717 Hadley Drive; Frank Kossler, 8800 Thornway Drive; Richard Morton, 7801 Miracle Lane; Ricky & Cindy Addington, 7840 Waterford Lane. The recipient of the Business Landscape award was North Hills Funeral Home, 8525 Mid Cities Boulevard. A.4 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, advised that in regards to Lot 1, Block 4 Emerald Lakes, she had requested at previous citizens presentations that her questions be answered in writing and that she was still waiting. Mr. Bass, Assistant City Manager, advised of the responses the City had provided. Mr. John Hagen, 6404 Westgate Drive, advised that for the last 17 years he had been requesting that the section of Cardinal between Davis and Amundson be brought up to standard and inquired how he could get the road placed into the city budget for improvement. Mayor Trevino asked Greg VanNeiuwenhuize, Assistant Public Works Director, to meet with Mr. Hagen following Citizens Presentation and requested that Public Works Director Mike Curtis explain the capital budget process and the amount of funds spent annually for road improvements. Mr. Curtis explained how streets are identified for improvement in the Capital Improvements Budget and the source of funding for the reconstruction of streets. Mr. Curtis advised that the voters did not approve this section of Cardinal in the 2003 Bond Program and he explained why the street was not on the plan for reconstruction. Mr. Curtis advised that $800,000 is funded annually in the Street Maintenance program for the maintenance of streets and that Cardinal is one of the streets looked at and maintained under the Street Maintenance Program. None. A.5 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS ❑ PPRnvPn B.1 APPROVAL OF MINUTES OF JULY 9, 2007 CITY COUNCIL MEETING B.2 GN 2007 -059 APPROVE AGREEMENT WITH TARRANT COUNTY TAX ASSESSORICOLLECTOR FOR THE COLLECTION OF CITY PROPERTY TAXES - RESOLUTION NO. 2007 -048 B.3 PU 2007 -033 AWARD BID NO. 07 -1393 FOR THE 2007 STREET SUB -GRADE STABILIZATION PROJECT TO MCCLENDON CONSTRUCTION COMPANY IN THE AMOUNT OF $64,367.50 B.4 PU 2007 -036 AWARD BID NO. 07 -1394 VARIOUS CITY FACILITY INTERIOR & EXTERIOR RENOVATIONS TO FAST -TRAK CONSTRUCTION IN THE AMOUNT OF $134,483.52 COUNCILMAN SAPP MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.0 PUBLIC HEARINGS There were no items for this category D.a PLANNING & DEVELOPMENT There were no items for this category. 111= 111111617felN'24 -1 E.1 G 2007 -062 RECOMMEND AWARD OF BID FOR THE 31ST YEAR CDBG PROJECT (RITA BETH STREET PAVING IMPROVEMENTS FROM GLENVIEW DRIVE SOUTH TO DEAD END) TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $248,908.00 ❑ PPRnvPn Mr. Mike Curtis, Public Works Director, presented the item. Council approved Rita Beth Street, from Glenview Drive south to dead end, in February 2005 for inclusion in the 31 st year Community Development Block Grant (CDBG) project. Tarrant County administers the program awarding the engineering agreements and construction contracts. Because the City is a direct entitlement city for CDBG funds, Tarrant County gives the City an opportunity to recommend to the Commissioner's Court the award of the contract. Tarrant County received nine bids in January 2007 and on April 9, 2007 the Public Works Department recommended to Council the award of a Project contract to the low bidder Estrada Concrete. The recommendation was based on Estrada's low bid and interviews conducted by NRH staff and Tarrant County's engineering consultant. Prior to staff recommending the award to Estrada Concrete on April 9, staff discussed with the contractor that the City did not allow streets to be poured by hand but required the use of a paving machine. The contractor indicated that they would construct the project with a paving machine for their original bid amount. After award of the project to Estrada and during the pre - construction meeting, Estrada Concrete indicated they would need an additional $32,000 to use a paving machine for the project. The revised bid amount moved Estrada Concrete from the low bidder to fourth lowest bidder. Estrada Concrete has submitted a letter to Tarrant County requesting to be released from the contract. Tarrant County has released Estrada Concrete and Council is now being requested to recommend the award of the bid to the second lowest bidder, McClendon Construction in the amount of $248,908. There were no questions from the Council. COUNCILMAN WELCH MOVED TO APPROVE GN 2007 -062, RECOMMENDING THE AWARD OF BID FOR THE 31 ST YEAR CDBG PROJECT (RITA BETH STREET FROM GLENVIEW DRIVE SOUTH TO DEAD END) TO MCCLENDON CONSTRUCTION IN THE AMOUNT OF $248,908.00. COUNCILMAN WHITSONN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. E.2 PU 2007 -035 AWARD BID NO. 07 -1388 FOR FLOW METER EQUIPMENT TO MACAULAY CONTROLS COMPANY IN THE AMOUNT OF $28,423 APPROVED Mr. Mike Curtis, Public Works Director, presented the item. The flow monitoring equipment will allow city staff to monitor and study the impact of rain events on the City's sanitary sewer system. Council was given a brief explanation of how the equipment functions and the benefits of the equipment. Four vendors submitted bids for the equipment with the low bidder not meeting the bid specifications. The low bidder's equipment utilized Doppler technology instead of the requested Radar technology. The three remaining bids met all of city specifications and included optional equipment. The Public Works Department is recommending that the optional equipment not be purchased at this time because it exceeds the department's approved budget. Public Works is recommending the award of the bid to Macaulay Controls in the amount of $28,423.00. In response to questions from the Council, Mr. Curtis explained what was included in the optional equipment and the difference between Doppler technology and Radar technology. COUNCILMAN LEWIS MOVED TO APPROVE PU 2007 -035 AWARDING BID NO. 07 -1388 FOR FLOW METER EQUIPMENT TO MACAULAY CONTROLS COMPANY IN THE AMOUNT OF $28,423. MAYOR PRO TEM COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. GENERAL ITEMS F.1 GN 2007 -060 RENAMING SIMMONS ROAD BETWEEN MID - CITIES BOULEVARD AND GRAND AVENUE - ORDINANCE NO. 2947 ❑ PPRnvPn Ms. Keely Roberts, representing the Youth Advisory Committee, presented the item. The 2007 Senior Class of Birdville High School requested the City to rename the portion of Simmons Drive between Mid - Cities Boulevard and Grand Avenue to Hawk Avenue, reflecting the street's proximity to Birdville High School. The Youth Advisory Committee worked with the Senior Class on their request and recommended the change to Council. The Council referred the request to the Naming Board at June 25 Council meeting. Mayor Pro Tem Compton, Chair of the Naming Board, advised the Naming Board met on July 9 to consider the proposal and unanimously agreed to recommend the name change to Council. Ms. Elizabeth Reining, Assistant to City Manager, advised street signs reflecting the new name on the portion of Simmons between Mid - Cities Boulevard and Grand Avenue will be installed in about a month with the exception of the backlight sign on Mid - Cities. The Mid - Cities sign will take four to six months to replace. MAYOR PRO TEM COMPTON MOVED TO APPROVE G N 2007 -060, APPROVING ORDINANCE No. 2947 RENAMING SIMMONS ROAD To HAWK AVENUE BETWEEN MID - CITIES BOULEVARD AND GRAND AVENUE. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 GN 2007 -061 CONSIDER AMENDMENT TO CHAPTER 104 GAS WELL DRILLING AND PRODUCTION - ORDINANCE NO. 2945 APPROVED Mr. John Pitstick, Director of Planning and Development, presented the item. The initial Gas Well Drilling and Production Ordinance was approved November 14, 2005. Since that time there have been significant changes in technology in gas drilling in the Barnett shale and as a result, Staff is recommending changes to the ordinance. Meetings were held to receive input from Council, Gas Board of Appeals and gas well operators and pipeline companies. Primary changes to the ordinance include: 1} requiring close loop systems exclusively; 2} increasing fees; 3} new screening standards; 4} limiting hours of operation; 5} new pipeline regulations; 6} exempting distance setbacks in city parks; 7} increasing setbacks from drill sites for new construction; 8} requiring concrete access roads; 9} drilling in floodway with FEMA approval; 10} allowing compressors and compressor sites with approval from the Gas Board of Appeals; 11} allowing gas operators and pipeline companies to provide proper security and documentation for self insurance. Staff is recommending approval of the ordinance with an effective date of August 1, 2007, which will allow a current gas drilling operator in the process of obtaining his permit from being negatively impacted. COUNCILMAN SAPP MOVED TO APPROVE GN 2007 -061, APPROVING ORDINANCE No. 2945 REVISIONS TO CHAPTER 104 GAS DRILLING AND PRODUCTION, WITH AN EFFECTIVE DATE OF AUGUST 1, 2007. COUNCILMAN EARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 PU 2007 -034 AWARD BID NO. 07 -1395 FIRE STATION 2 & 3 APPARATUS BAY PAINTING PROJECT TO KUROSKY & COMPANY PAINTING CONTRACTORS IN THE AMOUNT OF $64,861 AND AWARD BID ALTERNATES 1 & 2 FOR RE- PAINTING THE APPARATUS BAY FLOORS AT FIRE STATIONS 1 & 4 TO RBI CORPORATION IN THE AMOUNT OF $39,411.13 APPROVED Mr. Thomas Powell, Support Services Director, presented the item. The scope of the project consists of a base bid and alternates. The base bid is for the painting of the apparatus bays at Fire Stations 2 & 3 as approved in the 2006107 Capital Improvements Budget. The project will include painting of the ceilings, walls, interior of all overhead doors, and the apparatus bay floors. Four bids were received from vendors with Kurosky and Company Painting Contractors submitting the lowest acceptable bid for the base project in the amount of $64,861. The bid also included alternates for the repainting of the apparatus bay floors at Fire Stations 1 & 4. Shortly after the completion of the new stations, it was brought to the attention of the contractor that the paint on the apparatus bay floors was blistering and peeling. Before the issue could be resolved the contractor filed bankruptcy. The City Attorney has been working with the Bonding Company to resolve the issue. The Bonding Company has requested bids for repainting of both bay floors. The City subsequently requested bids for the repainting during the bid process for the painting of the bays at Fire Stations 2 and 3. The alternate bids received were good bids and Staff is recommending the award of the bid alternates for the repainting to resolve the issue with the bay floors peeling and allowing the original construction project to be closed. The City Attorney will continue to negotiate for the reimbursement of the cost with the Bonding Company. RBI Corporation is the low bidder for Alternates 1 and 2 in the amount of $39,411.13. Staff's recommendation is to award the bid for Fire Stations 2 & 3 Apparatus Bay Painting Project to Kurosky & Company Painting Contractors in the amount of $64,861.00 and award bid alternates for re- painting the apparatus bay floors at Stations 1 and 4 to RBI Corporation. COUNCILMAN LEWIS MOVED TO APPROVE PU 2007 -034, AWARDING BID No. 07 -1395 FIRE STATIONS 2 AND 3 APPARATUS BAY PAINTING PROJECT To KUROSKY & COMPANY PAINTING CONTRACTORS IN THE AMOUNT OF $64,861.00 AND AWARD BID ALTERNATES 1 & 2 FOR REPAINTING THE APPARATUS BAY FLOORS AT FIRE STATIONS 1 & 4 To RBI CORPORATION IN THE AMOUNT OF $39,411.13. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.4 GN 2007 -063 AMEND ARTICLE X OF CHAPTER 54 OF THE CODE OF ORDINANCES - AUTOMATED TRAFFIC SIGNAL CONTROL TO CONFORM TO THE REQUIREMENTS OF CHAPTER 707 OF THE TEXAS LEGISLATURE 80TH SESSION, SB1119 - ORDINANCE NO. 2946 APPROVED Police Chief Jimmy Perdue presented the item. Council approved in November 2006 an Automated Traffic Enforcement Program. With the passage of SB 1119, the City's ordinance must be modified to remain in compliance with the requirements of State law. Highlights of SB 1119 included: • Requiring Council to appoint the person responsible for hearing appeals to red light camera violations. The next agenda item addresses this requirement. • Requires fifty percent of net revenues from civil penalties collected be sent to the comptroller for deposit in the regional trauma account established under Section 782.002 of the Health and Safety Code. • Requires traffic engineering study and data collection before the installation and the submission of a report of accident following implementation. • Prohibits sending unpaid violator information to a credit bureau. • Allows for the Texas Department of Transportation to refuse to register vehicle for nonpayment of fine. • Requires the municipality set the yellow signal at a minimal change interval in accordance with the Texas Manual of Uniform Traffic Control Devices. • Requires the creation of a citizen advisory committee to advise the local authority on the installation and operation of a photographic traffic signal enforcement program. In response to questions, Chief Perdue further explained the enforcement provisions and the location of the cameras and signage. COUNCILMAN BARTH MOVED TO APPROVE GN 207 -063, ORDINANCE No. 2946. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.5 GN 2007 -064 APPROVE APPOINTMENT OF AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM HEARING OFFICER, MS. CHERYL DEAN APPROVED Police Chief Jimmy Perdue presented the item. The passage of SB 1119 requires the Council to approve the appointment of a hearing officer to hear appeals to red light camera violations. The position was advertised by the City and after a thorough interview process, Ms. Cheryl Dean is recommended for appointment as the hearing officer. Chief Perdue advised Council of a typographical correction that had been made to the Independent Contractor Agreement. COUNCILMAN WELCH MOVED TO APPROVE GN 2007 -064, APPROVING THE APPOINTMENT OF MS. CHERYL DEAN AS THE HEARING OFFICER FOR PHOTO ENFORCED RED LIGHT VIOLATIONS. MAYOR PRO TEM COMMPTONN SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.6 ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA No action needed. F.7 INFORMATION AND REPORTS Councilman Welch made the following announcements. Dive -in Movies continue for two more Friday nights at NRH20. Join us on July 27th for "Barnyard" and August 3rd for "Jaws." Dive -in Movies are free with paid admission to the park. For more details, please call 817- 427 -6500. The North Richland Hills Fire Department is offering a CPR class from 6 to 10 p.m. on Thursday, July 26th. The class will be held in the Fire Administration Training Room at 7202 Dick Fisher Dr. The cost is $25. To register or get more information, please call 817- 427 -6900. The City of North Richland Hills conducts a test of the 10 outdoor emergency warning sirens on the 1St Wednesday of each month. The next test is scheduled for 1 p.m. on August 1St. The test will not be performed if threatening weather is near or there is low cloud cover. For more information, please call 817- 427 -6900 Kudos Korner - Staff, Utility Billing /Finance Department. A card was received from a long -time resident thanking the entire staff for the exceptional service that she has received for over 50 years. Any questions or problems that she asked were always answered or handled quickly and with professionalism. She stated that other public agencies would do well to take note from these City employees. F.7 ADJOURNMENT Mayor Trevino adjourned the meeting at 8:02 p.m. Oscar Trevino — Mayor ►=ri9 =iii Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: Finance Council Meeting Date: 8 -13 -2007 Presented by: Larry Koonce Agenda No. B.2 Subject: PU 2007 -038 Inter -local Agreement with The Cooperative Purchasing Network — Resolution No. 2007 -049 The Cooperative Purchasing Network is available for use by public /private schools, universities, cities, counties and other government entities. Entering into an inter -local agreement with The Cooperative Purchasing Network and becoming a Cooperative member would allow the City to take advantage of savings for goods and services ranging from audio visual equipment, janitorial supplies, and library books to vehicles. The Cooperative Purchasing Network (TCPN) is a national purchasing program founded in 1997 by a consortium of area entities and is administered by Region 4 Education Service Center in Houston with an office in Austin and a local Marketing Representative located in the Bedford area. TCPN currently has one hundred forty four (144) Texas Municipalities as members, and employs twenty -one (21) staff members to administer approximately two hundred (200) contracts. The cities of Arlington, Grapevine, Bedford, Colleyville, Euless, Haltom City, Fort Worth, and Keller, are just a few of the surrounding cities who are current members. Pooling the efforts of a large number of entities creates greater purchasing power for local governments. The Local Government Code states that a purchase made under a cooperative purchasing program satisfies any State laws that would require the City to solicit competitive bids. The Cooperative intent is to extend options to local governments and other political subdivisions. Participation in this program will be cost effective to the City by providing the legally required competition for contracts on commonly purchased items, thereby saving the City the cost of going through the competitive bid process. Council has authorized several of these inter -local agreements which are very beneficial to North Richland Hills. By having available contracts through numerous inter -local agreements, the City Purchasing division is able to compare pricing and it allows a quicker turn around time for our end users while saving the City the cost and time of going through the competitive process ourselves. Recommendation: To approve Resolution 2007 -049 760 It-A 211 RESOLUTION NO. 2007 -049 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT The City Manager is hereby authorized to execute the inter -local agreement with The Cooperative Purchasing Network authorizing the City to purchase goods and services from vendors selected through the competitive bid process. PASSED AND APPROVED this the 13th day of August, 2007. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor = l:I,: t0l 1FA=1Il =la1101010LTII=A24 IQ111I =10A411 WE George A. Staples, City Attorney APPROVED AS TO CONTENT: Larry Koonce, Director of Finance INTERLGCAL AGREEMENT Region 4 Education Service Center Contracting Parties City of North Richland Hills Tarrant County Public Entity County - District Number Region 4 Education Service Center 101 - 950 County - District Number This agreement is effective August 15, 2007 and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non - renewal. This agreement may be terminated with or without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.1 02. The purpose of this cooperative is to obtain substantial savings for member school districts and public entities through volume purchasing. Role of the Purchasing Cooperative 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. Role of the Member School District or Public Entity: 1. Commitment to participate in the program as indicated by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 6. Pay vendors in a timely manner for all goods and services received Authorization: Region 4 Education Service Center and The Cooperative Purchasing Network (TCPN) executed a contract to provide cooperative purchasing opportunities to school districts and public entities. Please send a signed Interlocal Agreement to Region 4 ESC, Attn: TCPN, 7145 W. Tidwell, Houston, TX 77092 -2096. Public Entity Authorized Signature City Manager Titl e Date Jamie Brockwa Contact Person Purchasing Mana er Title ot Contact Region 4 Education Service Center Authorized Signature Deputy Director, Financial Services /CFO Title Date Stuart Verdon- Director -TCPN Contact Person (713)-744-8115 Telephone u m er CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 8 -13 -2007 Agenda No. B.3 Subject: FP 2007 -02 Consideration of a Request from Otis Lee of CivilWorks Engineering to Approve a Final Plat of Lots 1R, 2 -4, Block 1, DJ Anderson Addition, (Located in the 8500 Block of Davis Blvd - 5.049 acres). Case Summary: The applicant, Otis Lee of Civilworks Engineering, proposing this final plat of a 5.049 acre tract. A recent zoning change to "CS" community services was approved by City Council on what is indicated as lot 3. The remaining lots remained under there existing zoning of office and community services. Two access points from Davis Blvd. will serve the subdivision. These access drives just recently received driveway permit approval from TxDOT. A site plan is under review by the Development Review Committee for a Pre - School on lot 4. Site plan review for development will take place on other lots as developments are proposed. Current Zoning: Lots 1 R and 2: "C -2" Commercial Lot 3: "CS" Community Services Lot 4: "0-1 " Office Thoroughfare Plan: All lots have either access by a public access easement or frontage on Davis Boulevard, a 6 -lane, divided, arterial street (P6D) with 120 feet of right of way. Comprehensive Plan: The Comprehensive Plan depicts office uses for this area. The lots proposed by this plat are consistent with the plan. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the improvements indicated on the public infrastructure construction plans this subdivision will be required to assume 100% of the amount required for improvements. Planning and Zoning Commission Recommendation: Approved final plat request by vote of 5 -0. Recommendation: Approval of final plat. Review Schedule: Application: 2119107 Final Hearing: 8113107 Total Review Time: 25 weeks LOCATION MAP Mr I im 'A J XT jj I im EXCERPT FROM THE AUGUST 2, 2007 PLANNING AND ZONING COMMISSION MINUTES FP 2007 -02 CONSIDERATION OF A REQUEST FROM KEVIN MILLER OF CIVILWORKS ENGINEERING TO APPROVE A FINAL PLAT OF LOTS 1 R, 2 -4, BLOCK 1, DJ ANDERSON ADDITION, (LOCATED IN THE 8500 BLOCK OF DAVIS BLVD — 5.049 ACRES) Ottis Lee, 1192 Boling Ranch Rd. North, Azle, is representing the property owners. Mr. Lee expressed his appreciation to city staff for working with them on this project and requests approval. Bill Schopper asked if there were any issues or concerns on this plat? Eric Wilhite came forward and stated this plat meets all the subdivision rules and regulations and has been approved by the Development Review Committee. It completes a four lot subdivision along Davis Blvd and will include a proposed development on the back portion, Lot 4 which is currently going through staff site plan review. In the near future there will be a site plan review for the remaining lots as they are developed. Staff recommends the commissions approval. Bill Schopper asked if there were any questions or discussion for the applicant or city staff? Hearing none he asked for a motion. 1 ►� »:I�VI =1 01 Mark Haynes motioned to approve FP 2007 -02, seconded by Don Bowen. The motion was carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 8 -13 -2007 Agenda No. B.4 Subject: FP 2007 -09 Consideration of a Request from Mark Comis of Royal Building Corporation to Approve a Final Plat of Lots 1 -2, Block 1, Creekside Estates, (Located on Simmons Road and Stewart Drive - 0.8768 acres). Case Sum mary: The applicant, Mark Comis of Royal Building Corporation, is proposing to final plat this 0.8768 acre tract for development of two single family residences. Current Zoning: "R -1" (single- family residential) Thoroughfare Plan: Both lots have frontage on Simmons Road, a 2 -lane, undivided, residential street (R2U) with varying width right of way. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lots proposed by this plat are consistent with the plan. Staff Review /Rough Proportionality Determination: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. The city's engineer has determined that based on the improvements indicated on the public infrastructure construction plans this subdivision will be required to assume 100% of the amount required for improvements. Planning and Zoning Commission Recommendation: Approved final plat request by vote of 5 -0 Recommendation: Approval of final plat. Review Schedule: Application: 6104107 Final Hearing: 8113107 Total Review Time: 10 weeks LOCATION MAP Lw 0. j vwz"' L r-6 I 1p A P 0. j vwz"' L r-6 EXCERPT FROM THE AUGUST 2, 2007 PLANNING AND ZONING COMMISSION MINUTES FP 2007 -09 CONSIDERATION OF A REQUEST FROM MARK COMIS OF ROYAL BUILDING CORPORATION TO APPROVE A FINAL PLAT OF LOTS 1 -2, BLOCK 1, CREEKSIDE ESTATES, (LOCATED ON SIMMONS ROAD AND STEWART DRIVE - 0.8768 ACRES) Mark Comis, 7921 Starnes, North Richland Hills, came forward with his request to divide the property into two lots in order to build homes on the property. Eric Wilhite said this is a final plat for a 0.8768 acre tract of land being divided into two lots. He mentioned that this was heard recently by this commission and recommended for a zoning change to R -1 by the commission; both lots meet the R -1 district development standards. The Development Review Committee has reviewed this plat and it meets all subdivision rules and regulations therefore, staff recommends approval. Bill Schopper asked if there were any questions or discussion for the applicant or city staff regarding this request? 1 ►� »:I�VI =1 01 Steven Cooper, seconded by Kelly Gent motioned to approve FP 2007 -09. The motion was carried unanimously (5 -0). CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PUBLIC HEARINGS Council Meeting Date: 8 -13 -2007 Agenda No. C.0 CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 8 -13 -2007 Agenda No. CA Subject: ZC 2007 -09 Public Hearing and Consideration of a Request from Johnson Diversified Enterprises, Inc. to Approve a Zoning Change from "C -1" Commercial to "R- PD" Residential - Planned Development (Located in the 6800 Block of Hightower Drive - 22.30 acres) - Ordinance No. 2942 Planned Development Case Summary: The applicant, Ben Johnson of Johnson Diversified Enterprises, Inc., is requesting approval of a zoning change from "C -1" Commercial to "R -PD" Residential Planned Development. The site is 22.29 acres that is located near the south -east intersection of Rufe Snow Drive and Hightower Drive. This request represents planned development for residential that is over the ten (10) acre maximum size for a RI -PD (residential infill planned development) and therefore it is not an RI -PD. It is an R -PD, Residential - Planned Development, as provided for in the Zoning Ordinance. The site development proposal includes a unique lot layout and housing product in a residential community development that creates a complete living environment thru the use of streetscape and site improvements and amenities. The design principles and guidelines are very similar to those established in the RI -PD development regulation and review process. Open space amenities, short block lengths and curvilinear streets are being incorporated as well as a mix of housing type product. The development proposal includes over one and a half acres of community open space with other green space areas of nearly one acre. The applicant has submitted as part of this zoning request a site plan layout illustrating sub - division layout and lots for three housing type products. The site plan was reviewed by the Planning and Zoning Commission as part of the zoning request. A portion of the site plan has been included in your packets as a hard copy. The Development Review Committee believes that this R -PD proposal in this location represents an opportunity to create a sustainable residential development as well as acting as a transitional land use project. West of the project is future commercial development. Multi- family apartments and additional commercial as well as an elementary school are located on the North with an existing gas well site placed to the east. The commercial center located to the north is currently under performing. This combination of immediately adjacent land uses forms the basis for the recommendation for an R -PD of this nature. In addition, there are approximately 200 R -2 residential lots platted and under development East of the site on Hightower. Existing Site Conditions: The site is currently vacant with limited tree vegetation scattered along the edges of the site. The site is predominantly flat in nature with minor topographic relief. One of the significant development site constraints is the current drainage issues that exist on the site. Primarily the conveyance of storm water starting from Rufe Snow and needing to be conveyed to the property located to the east. This has been one of the significant issues that has hindered or prevented the development of the property. The applicant has reached agreements with adjacent property owners in order to facility the necessary drainage facilities. Thoroughfare Plan: The sites primary access will be from Hightower Drive a C4U collector with 68 feet of right of way. There will also be emergency access to the west by an emergency access easement connecting to and through the adjacent commercial properties to Rufe Snow. Comprehensive Plan: The Comprehensive Plan depicts retail /commercial in this area. A 300 +1- foot depth commercial frontage will still exist along the Rufe Snow right of way. In the review of the zoning proposal staff evaluated the aspect of the property's commercial viability now and in the future. Plat Status: The applicant, upon zoning approval, will submit a preliminary plat based on the PD site plan lot layout and design. Adjacent Zoning 1 Land Use: North: City right -of -way - MF -71 apartments East: "R-2"/ single family South: "R -6 -7 1 Townhome (developed as detached) West: "C -1" 1 vacant commercial Land Use Summary: • Total acreage 22.3 acres • Number of lots 95 residential 13 common open space • Cross density 4.2 dlu per acre (gross) • Open space 1.2 acres (primary open space area, approximately .57 acres of other landscape open space pockets. A detailed landscape plan will be submitted for review. Minimum Lot Dimensions /Setbacks: • Min. house size 2,000 square foot minimum • Min. lot area 5,000 square foot • Min. lot width 50 foot minimum • Min. lot depth 110 foot • Min. front setback 15 foot • Min. side setback 1 foot and 5 feet • Min. rear setback 7.5 feet (main structure /garage) 20 feet for rear entry garage • Max. height 35 feet Development amenities: • Enhanced concrete pavers in pedestrian crosswalk areas of street, and grouped mailbox areas; • Landscaped open space areas with sidewalks, open space pockets and entrance; • Open space includes neighborhood pavilion and landscape plantings; • Established Homeowners Association (HOA), will maintain open space; • Decorative grouped mail boxes; • Decorative street light fixtures Housing amenities: • Combination enhanced masonry facade elevations; • Decorative wood garage doors when facing front yard, decorative metal doors on ally facing; • Minimum lot landscaping requirements; • Enhanced roofing material. Planning and Zoning Commission Recommendation: Approval of Ordinance No. 2942 - Zoning Change Request with the following conditions: 1. Remove stucco and flat roofs be removed from the design guidelines 2. Staggered trees with minimum 3 inch caliper on 20 feet spacing along the 30 feet buffer easement area to south. The motion carried unanimously (5 -0). Recommendation: To approve Ordinance No. 2942 and uphold the recommendation of the Planning and Zoning Commission ZC 2007 -09 request for R -PD zoning including site plan and design guidelines manual. Review Schedule: Application: 4116107 Final Hearing: 8113107 Total Review Time: 17 weeks LOCATION MAP NOTICE OF PUBLIC HEARING "H,t . NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS r ; � PLANNING AND ZONING COMMISSION Case #: ZC 2007-09 Applicant: Johnson Diversified Enterprises, Inc Location: 680IO Bllock Of Hightower Drive (22.30 acres) You are receiving this notice becauuise you are a property owner of record 'Within 200 feet of the property shown can the attached reap, Purpose of (Public Hearinc¢: A public hearing is being held to consuder a request from Johnson Diversified Enterprises, Inc. to rezone 22,30 acres of land frorn C -t" Commercial to `R-PD' Residential Planned Development, located) in the 6800 Block of Hightower Drive. Public Hear'ino 'Schedule: Public IHearlirig Cates: CITY COUNCIL MEETING MONDAY, AUGUST 113, 2007 Meeting Time 7 :010 P.M, . Meeting Location: CITY COUNCIL CHAMBERS 7301 N., E. LOOP 820 NORTH RICHLAND] (HILLS, TEXAS If you have any questions or wish to submit a potition or letter concernlin;!g the above request, please contact: Planning Department City of (earth Ric-11-ilar-d Hills 7301 Northeast Loop 320 North Rich Iand Bills. Texas r "r:3 18i,1 Phone (8171427-6300 Fax {'317; 427- 6,30.3 PROPERTY OWNER NOTIFICATION LIST North Richland Hills Plaza LP AR-Haverhill Lid IEW Frisco Health Investments LP 5455 Wilshire Blvd Ste 1807 19310 Stoinegate Dr 21726 Hardy Oak Los Angeles, CA 90036 Birmingham, AL 35242 San Antonio,, TX 78258 Dave and Cyrthia Brandon 6856 Megan Ln Fort Worth, TX 76180 Brett and Maideena Downing 6845 Hadley Dr Fort Worth, TX 7611601 Jody and Kerensa Miller 6851 DnIfield Cir VJ Fort Worth, Tx 76180 Shawn Srnajstral 6901 Driffielild Cir North Rilichland. Hills, Tx 7161810 Micillael Magee 6913 Diriffie7d Cir North Richland Hills, Tx 76180 Matthevv and ILara Yates 6925 Driffield Cir North Richland Hills, Tx 76180 Vlichael and Cynthia Mickt7itis 6937 Driffield Cir North, Richland Hihs, Tx 76180 Ruben and INc-irma Cerda 6949 Driffield Clir Fort Worth, TX 76180 Tj,rothy and Uircla Pierce 16837 HadIIey Dr Fort Worth, TX 76160 Jerome and Deborah Gray 16849 Hadley Dr Fort Worth, TX 76181 Stephanie and Ben Deloach 6855 Driffield Cir YJ Fort Worth, Tx 76 180 JamIe and Gacna Wahkinr7ey 89,05 Driffield Cir North Rilchila Ind Hills, Tx 761801 Gigii MoencIn 6917 Diriffj&ld Cir North Richland Hills. Tx 76180 Mark Schmidt 6929 Driffield Cir North Richland Hills, Tx 76180 Richard and Keliy Anthony 6941 Driffield Cir North Richland Hills, Tx 76180 Anthony Branch PO Box 8712 Fort Worth, TX 76124 I and Sandi Statihopulo 6841 Hadley Cur Fort Worth, Tx 76180 M&P Rufe Snow LP Attn Ira Morgan 310 Grant St Ste 730 Pittsburgh, PA 15219 Pi-ic Spooner 5605 Guadalajara Or NRH , Tx 761,80 Christopher and Vairessa SIlay 6909 Driffield cir North Richland Hills, Tx 76180 Scott Schroder 6921 Driffield Ciir North Richland Hills, Tx 76180 Josh Archer 6933 Driffield Cir North Richland Hills,, Tx 761810 Todd and Amber Topley 6945 Driffield Cir North Richland Hills, Tx 7161810 Karen Kee 6856 Dnffield C4 E North Richland Hi Ills, Tx 76160 Edward and IDeidrae Suda Jessica and Justin Sap.hien Todd and Ann Lavergne 6852 Driffield Cllr E 6908 Driffield Cir 806 La Sierra Ct North Richland Hills, Tx 76180 North Richland IHills, Tx 76180 Crowley, TX 760136 PROPERTY OWNER NOTIFICATION LIST (CONTINUED) Jerry Powelf 'I hornas Baker Scott Fisher 6916 Driffield -cir 69201 Driffield Or 6924 Dnffield Cir North Rliichland II Tx 76180 North Richland II fills, Tx 76180 North Rich I and Hills, Tx 76180 Stacy DUickworth 6928 Driffield Cir North Richland I Tx 76180 Hank Loyd 6940 Driffield it North Richland 11-10s, Tx 7618D Violeta Zer:uche 6932 Driffield Oir North Richland Mills, Tx 76180 Robert II PO Box 28157 Spokane WA 99228 Arnett IBerkstresser 6936 Driffield Cir North Richland Hills. Tx 76180 Fairway Realty LIP 1`0 Box 541,927 Dallas. TX 75354 Farway Realty LIP VIVilson Creek Stake Place LTD Graham Rainch Partners LTD 2287 W NVV Hwy 2610D Eldorado Pkvq Ste 210 6617 PirecInct Line Rd Ste 200 Dallas, TX 75220 McKinney, TX 75D70 INorth Richland III Tx 716180 EXCERPT FROM THE JUNE 21, 2007 PLANNING AND ZONING COMMISSION MINUTES ZC 2007 -09 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM JOHNSON DIVERSIFIED ENTERPRISES, INC. TO APROVE A ZONING CHANGE FROM "C -1" COMMERICAL TO "R -PD" RESIDENTIAL — PLANNED DEVELOPMENT (LOCATED IN THE 6800 BLOCK OF HIGHTOWER DRIVE — 22.30 ACRES) Chairman opened the public hearing at 7:15 p.m. Ben Johnson, 1712 Oaknoll Drive, Colleyville, TX came forward. He gave a power point presentation on the proposed planned development. The site is approximately 22 acres made up of two different tracts. He explained he was going to give information about the surrounding property. There is existing commercial on the west side of the Rufe Snow with a strip center with thriving businesses there. The east side of Rufe Snow has an anchor tent and strip centers and pad sites that are thriving as well. There are multifamily, commercial, and duplexes in the existing area and single family detached as well. The presentation indicates there is a transitional land use north of Hightower. Foster Village Elementary and Legacy Park are close to the proposed development and he feels it would be a nice addition for the residents. He feels that when this development is in place along with Phase III of Graham Ranch, the vacant anchor tenants on deep tracts on Hightower and Rufe Snow and Mid Cties would be stimulated again. He stated in Phase I and Phase II of Graham Ranch, Public Works improved the drainage area from east going west and it was designed to handle the drainage of this area. He is proposing to continue the east to west drainage and carry it all the way to Hightower. He stated he has come together with Mr. Graham and partners of Graham Ranch Development with a development agreement in place to the benefit all of the residents. He is proposing to build the drainage that would complete the Phase III when it is ready to be developed. The site is 22.29 acres with all the attributes of an RI -PD. There are three different product groups in it: front loaded single family with rear detached garage, front loaded single family with front detached garage, and single family rear attached garage. Other development amenities included: full size streets with 50 feet of right of way, landscaped opened space with sidewalks maintained by HOA, lighted trails, decorative grouped mail boxes, curvilinear streets, decorative street light fixtures, and a 30 foot landscape buffer between new homes and existing neighborhood with engineered wood fence on property line and iron fencing on back of property. Also, trees will be planted between curb and sidewalk, a pavilion with fireplace and barbeque facilities will be provided, and decorative iron work for street lights and signage will be featured. Eric Wilhite came forward stating that because of the number of lots in this subdivision, secondary emergency access would be required. An emergency access easement connecting to and though the adjacent commercial properties to Rufe Snow would help this requirement. Eric Wilhite stated that staff has not reviewed full blown engineering plans on this, but based on earlier discussions and preliminary engineering he feels this would take care of a significant amount of drainage issues that exist on the property. The different housing products will have a minimum 2000 square feet which is above the standard ordinance size; lots are 50 x 110 which create more open space, enhanced pavers, and other elements that are not in straight zoning. Staff reviewed and recommends approval. Mark Schmidt, 6929 Driffield Circle, North Richland Hills, came forward with concerns on the proposed fence in the new planned development. He stated it would be unsightly to him and other neighbors to view the steel poles. He also requested an 8 foot fence as opposed to 6 foot for privacy. He requested that the homeowners association maintain the buffer zone between the two properties, planting trees dense enough that when they reach maturity they would block the line of sight between the two properties. He also had concerns about drainage once the new subdivision goes in and asks for the city to assist in the matter. Chairman Shiflet explained that it would be not feasible to put an 8 foot fence behind the property. The proposed 30 foot buffer and easement assist in privacy and appearance and two feet would not make that much difference. Bill Schopper mentioned that with the way the houses are positioned on the property with front loaded rear garages, it will allow more privacy without 8 foot fences. Scott Schroder, 6921 Driffield Circle, North Richland Hills, came forward with concerns over view, fences, drainage issues and tree preservation. Bill Schopper stated that the proposed drainage would be reinforced concrete piping underneath the drainage easement which would eliminate the matter. Eric Wilhite came forward to address the tree preservation ordinance which has certain clauses to protect the existing trees. If grading or engineering necessities cause removal of trees there is not tree preservation litigation. There is no tree survey at this time to determine who owns the existing trees. Rick Anthony, 6941 Driffield Circle, North Richland Hills, came forward with concerns of drainage. He stated he was very impressed with Mr. Johnson going door to door and having a community meeting explaining the proposed planned development. However, due to previous years of significant drainage issues and his house flooding, he is very concerned about the final drainage plans and how the new development elevations will further impact the situation. Tree perseveration, pond drainage from the field, property taxes and the natural gas lines were also concerns. Chairman Shiflet stated to Mr. Anthony that he has full confidence in City Staff and their engineering design with the cities' final drainage plans. We have completely different standards today by which these plans are developed compared to 20 years ago. An example would be 100 year flood plain verses the 25 year flood plain that was in place when his subdivision was built. Brenda Cole spoke regarding property tax increases. If the houses going in behind his property cause his taxes to go up, then his market resale value would also increase. She explained this should cause minimal impact on his taxes. Bill Schopper stated that this planned development is changing the land use based on the comprehensive land plan, the city is able to manage the development more closely than if commercial property were going in. This should provide much comfort and effective drainage when it is complete. He mentioned that this is not the appropriate time to address the site plan, but it would make sense that the water should go to Rufe Snow and not Hightower. Mark Howell, 3100 Carrisbrooke Ct, Colleyville, TX spoke in favor of the proposed development. He is one of the developers on the Graham Ranch Phase I and Phase II projects and feels certain this will resolve the drainage issues. Don Hevenson with Fairways Realty came forward to speak in favor of the proposed development. He stated this solves the drainage problem and existing vacant commercial property will now likely have interested tenants. Brenda Cole asked Mr. Johnson about the awnings and flat roofs on the plans. She asked if the planned development allows stucco in residential. She is concerned about the resale of properties with stucco on them. Eric Wilhite come forward and stated true stucco would be allowed in this planned development because it meets meets certain requirements, minimum 8 ft. from base level and maximum 15% total elevation. Mike Benton asked Ben Johnson to address the drainage issues. Mr. Johnson stated he went to every house that got the notice from the city and has a petition with about 18 signatures in support of the proposed development. He states based on his discussions with homeowners there are legitimate drainage concerns in the area. He stated there are certain guidelines and performance standards that have to be met with the UBC and he intends to comply with them. The channel is more than adequate for residential than remaining commercial as it was originally zoned. Professional engineers will be designing the plans and city staff will have the final approval. He said in the 30 foot easement there would be a reinforced concrete pipe carrying water from adjoining commercial to drainage he is building on the east side. The alley ways will be built as an inverted crown and will allow water to go down underneath. There will be temporary water diverters and dams in place if it rains a lot during construction. The water from the pond will not be pumped into the yards on Driffield but down the channel. He is looking forward to helping the people solve their drainage issues. Regarding fences, Mr. Johnson stated he is proposing a new fence, but would go to every homeowner and they would be required to sign a release and grant him an easement to take down their fence. He plans to offer them a better made fence on the property lines but will honor their request on whether to remove it or not. If he is paying for the fence, then he would like the more attractive side to face his subdivision. Mr. Johnson explained that regarding trees, with 93 lots proposed there are over 180 trees to be put in not including open spaces. This would be adequate to provide privacy to the homeowners and meet the requirements of the tree ordinance. Mike Benton asked how far apart the trees would be planted? Mr. Johnson said that final plans have not been determined but staff can make recommendations. Mike Benton asked Greg VanNeiwenhuize to address drainage issues. Greg VanNeiwenhuize came forward and stated the general drainage runs southeasterly. At a recent meeting with Mr. Anthony to observe the flooding, he seems to think the stock tank must have overflowed based on the amount of water they received. Mr. VanNeiwenhuize stated that Mr. Johnson's proposed plan would require him to pick up all that water. He wanted to make sure the Anthony's and others were aware that if they are getting lot to lot drainage, then that would still continue. Mr. Johnson would only be responsible to pick up what is on his property. He addressed the comment made about the Graham Ranch well draining to the west. He stated it did not, it drained from the east to Calloway Creek. If this zoning request is changed, it would exceed our drainage requirements. Chairman Shiflet asked if there were any others wishing to speak for or against? There being none, he closed the public hearing at 8:28 p.m. Brenda Cole asked Eric Wilhite would the distance of the sporadic trees be addressed at the platting stage? Eric said no, they would need to make a motion right now that during finalized landscaping plans minimum spacing would be addressed when the detailed landscape plan is submitted. Bill Schopper and Brenda Cole stated they would like to see the word "stucco" and "built up roofs" removed from the R -PD proposal. APPROVED Bill Schopper motioned to approve ZC 2007 -09 with the amendment to state "remove stucco and flat roofs to be removed from the design guidelines and staggered trees with minimum 3 inch caliper on 20 foot spacing along the 30 foot buffer easement area." The motion was carried unanimously (5 -0). Steven Cooper and Mark Haynes were absent. EXHIBIT A Property Description Being a tract of land in the William Mann Survey, Abstract No. 1010, Tarrant County, Texas and being that same tract of land described in a deed to Wilson Creek Stake Place, Ltd. and recorded under Tarrant County Clerk's File No. D204075906. Said tract being more particularly described as follows: Beginning at a 112" capped iron found at the northwest corner of the Wilson Creek Stake Place tract, in the southerly line of Hightower Drive and at the northeast corner of Lot 3, Block 1, Hightower Plaza, an addition to the City of North Richland Hills as shown on the plat recorded in Cabinet A, Slide 4032, Plat Records, Tarrant County, Texas; Thence S 89 degrees 52 minutes 25 seconds E with the northerly line of the Wilson Creek Stake Place tract and the southerly line of Hightower Drive, 281.56 feet to a 518" iron with cap set; Thence S 89 degrees 40 minutes 50 seconds E with the northerly line of the Wilson Creek Stake Place tract and the southerly line of Hightower Drive, 238.17 feet to a 112" iron found at the northeast corner of the Wilson Creek Stake Place tract and in the westerly line of a 37.001 acre tract described in a deed to Billy J. Graham and Ernestine Graham and recorded in Volume 4204, Page 116, Deed Records, Tarrant County, Texas; Thence S 00 degrees 25 minutes 29 seconds E with the easterly line of the Wilson Creek Stake Place tract and the westerly line of said Graham tract, 1,111.08 feet to a 518" iron found at the southeast corner of the Wilson Creek Stake Place tract and at the easterly northeast corner of a tract of land described in a deed to Fairway Realty, L.P. and recorded under Tarrant County Clerk's File No. D204034811. From said 518" iron found a 112" capped iron found bears N 14 degrees 57 minutes E, 0.72 feet and another 112" capped iron found bears N 21 degrees 52 minutes E, 0.95 feet; Thence S 89 degrees 33 minutes 35 seconds W with the southerly line of the Wilson Creek Stake Place tract and a line of said Fairway Realty tract, 518.41 feet to a 112" capped iron found at the southwest corner of the Wilson Creek Stake Place tract and an "ell" corner of said Fairway Realty tract; Thence N 00 degrees 29 minutes 27 seconds W with the westerly line of the Wilson Creek Stake Place tract and a line of said Fairway Realty tract, at 730.23 feet pass a 112" capped iron at the southeast corner of said Lot 3, Block 1, Hightower Plaza, at 790.98 feet pass a 518" capped iron set by a bent 112" iron at the northerly northeast corner of said Fairway Realty tract and continue on with the westerly line the Wilson Creek Stake Place tract and the easterly line of said Lot 3, Block 1, Hightower Plaza for a total distance of 1,117.02 feet to the point of beginning and containing 13.278 acres or 578,369 square feet. Property Description Being a 9.209 acre tract of land in the WiiIliam Mann Survey, Abstract No. 1010, Tarrant County, Texas and being an easterly portion of a 15.62 acre tract described in a deed to Fairway Realty, L.P. and recorded under Tarrant County Clerk's File No. D204034811. A portion of said 9.209 acre and 15.62 acre tracts are also a portion of Lot 3, Block 1, Hightower Plaza, an addition to the City of North Richland Hills as shown on the plat recorded in Cabinet A, Slide 4032, Plat Records, Tarrant County, Texas. Said 9.209 acre tract being more particularly described as follows; Beginning at a 518" iron with cap set at the southeast corner of said 15.62 acre tract, at the southwest corner of a 37.001 acre tract described in a deed to Billy J. Graham and Ernestine Graham and recorded in Volume 4204, Page 116, Deed Records, Tarrant County, Texas and at the northeast corner of Block 1, Windsor Park, an addition to the City of North Richland Hills as shown on the plat recorded in Volume 388 -201, Page 3, said plat records; Thence S 89 degrees 31 minutes 42 seconds W with the southerly line of said 15.62 acre tract and the northerly line of Block 1, Windsor Park, at 702.67 feet pass a 112" capped iron found at the northwest corner of Block 1, Windsor Park and the northeast corner of Lot 6R, Block 7, Richfield Addition, an addition to the City of North Richland Hills as shown on the plat recorded in Cabinet A, Slide 11067, said plat records and continue on with the southerly line of said 15.62 acre tract and the northerly line of said Lot 6R, Block 7, Richfield Addition for a total distance of 817.99 feet to a 518" iron with cap set; Thence N 00 degrees 30 minutes 17 seconds W, at 908.58 feet pass a southerly line of said Lot 3, Block 1, Hightower Plaza and continue on for a total distance of 991.30 feet to a 518" iron with cap set in the northerly line of said 15.62 acre tract; Thence N 89 degrees 30 minutes 33 seconds E with the northerly line of said 15.62 acre tract, 300.04 feet to a 518" iron with cap set by a bent 112" iron at the northeast corner of said 15.62 acre tract, in the easterly line of said Lot 3, Block 1, Hightower Plaza and in the westerly line of a tract of land described in a deed to Wilson Creek Stake Place, Ltd. and recorded under Tarrant County Clerk's File No. D204075906; Thence S 00 degrees 29 minutes 27 seconds E with an easterly line of said 15.62 acre tract, the easterly line of Lot 3, Block 1, Hightower Plaza and the westerly line of said Wilson Creek Stake Place tract, at 60.75 feet pass a 112" capped iron at the southeast corner of Lot 3, Block 1, Hightower Plaza and continue on with an easterly line of said 15.62 acre tract and the westerly line of said Wilson Creek Stake Place tract for a total distance of 790.98 feet to a 112" capped iron found at an "ell" corner of said 15.62 acre tract and at the southwest corner of said Wilson Creek Stake Place tract; Thence N 89 degrees 33 minutes 35 seconds E with a line of said 15.62 acre tract and the southerly line of said Wilson Creek Stake Place tract, 518.41 feet to a 518" iron found at the easterly northeast corner of said 15.62 acre tract, at the southeast corner of said Wilson Creek Stake Place tract and in the westerly line of said 37.001 acre tract. From said 518" iron a found 112" capped iron bears N 14 degrees 57 minutes E, 0.72 feet and another found 112" capped iron bears N 21 degrees 52 minutes E, 0.95 feet; Thence S 00 degrees 25 minutes 29 seconds E with an easterly line of said 15.62 acre tract and the westerly line of said 37.001 acre tract, 200.13 feet to the point of beginning and containing 9.209 acres or 401,133 square feet. 01V FKv'[q1U Coiranoic,01 Area Au. blAft1l V."'d r'rM Typk�.( ZJ N1.Y M. Exhibit B IF2 M PY C.k"o e ..'.M B Fwomyt Load" SFD Front G�ag� SFDL ,6 FxnfStiw 0 Rear Loac Alley Lots — T,,L11A 2V Aftj R.41 VV. "h1h, Lk.11 dw_1 Wl- L191 W � �� MO 1-,7" k" Al �' BI FY K, OiM 5kW'�rojl' . . ..... ........ E . �j d P�bj 0M A, , Y all, PY C.k"o e ..'.M B Fwomyt Load" SFD Front G�ag� SFDL ,6 FxnfStiw 0 Rear Loac Alley Lots — T,,L11A 2V Aftj R.41 VV. 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Trash at Imt..b- tarmy. anwvw,dWlnprrr,mmrm ORDINANCE NO. 2942 ZONING CASE ZC 2007 -09 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 22.30 ACRE TRACT OF PROPERTY LOCATED SOUTH OF HIGHTOWER DRIVE, EAST OF RUFF SNOW DRIVE FROM C -1 (COMMERCIAL) TO R -PD (RESIDENTIAL - PLANNED DEVELOPMENT) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 22.30 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal descriptions attached hereto as Exhibit A from C- 1(Commercial) to R -PD (Residential- Planned Development) zoning and approving the site plan attached hereto as Exhibit B. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 13th day of August, 2007. Fill i11 =iii Patricia Hutson, City Secretary Oscar Trevino, Mayor ►= l:1,: t0l 1FA=1ll ilat0l01NLhWA24IQ111I =10A4kWif George A. Staples, City Attorney APPROVED AS TO CONTENT: John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. Council Meeting Date: 8 -13 -2007 Agenda No. D.0 Department: City Secretary Presented by: Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 8 -13 -2007 Agenda No. E.0 Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 8 -13 -2007 Agenda No. F.0 CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -13 -2007 Presented by: Drew Corn Agenda No. F.1 Subject: CN 2007 -065 Setting Date for Public Hearings for 2007 -2008 City Budget, Parks and Recreation Facilities Development Corporation and Crime Control and Prevention District Budgets It is necessary for City Council to set public hearings on the proposed 2007 -2008 City Budget, proposed projects and operations of the Park and Recreation Facilities Development Corporation, and the Crime Control and Prevention District budgets. Per House Bill 3195 from the 80th Texas Legislative Session, it is now necessary to state the increase in property tax revenue no matter the cause; whether the increase is based on increased property values, new construction or an increased tax rate. The proposed property tax rate has remained the same but due to new construction and increased values of existing property, proposed property tax revenue will increase over fiscal year 2006 -2007. The new language prescribed by the legislation is as follows: This budget will raise more total property taxes than last year's budget by $953,427 or 4.68 %, and of that amount $538,725 is tax revenue to be raised from new property added to the tax roll this year. The new language must be included in the cover sheet of the budget document, as part of the Council action adopting the budget and in the published notice of public hearing. In addition, this recent legislation requires the posting of the proposed budget on the City website. The City has made the proposed budget available online at www.nrhtx.com. The proposed budget is also available at the City Secretary's Office and at the NRH Library. A published notice will be required for each public hearing per the City Charter and State law. Each hearing is set for August 27, 2007 beginning at 6:15 p.m. for the Park and Recreation Facilities Development Corporation, 6:30 p.m. for the Crime Control and Prevention District, and 7:00 p.m. for the City Budget. A copy of the notices accompanies this coversheet. The City Budget notice of public hearing includes the new required statement. Recommendation: Set the date for the public hearings on the Park and Recreation Facilities Development Corporation at 6:15 p.m., the Crime Control and Prevention District at 6:30 p.m., and the annual City Budget at 7:00 p.m. on August 27, 2007. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:15 p.m. on August 27, 2007 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas, on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog /animal parks, playground equipment, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING ON 2007 -2008 PROPOSED ANNUAL BUDGET NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2007- 2008 proposed annual budget during the meeting to be held at 6:30 p.m. on August 27, 2007 at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING 2007 -2008 PROPOSED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2007 -2008 proposed annual budget on Monday, August 27, 2007 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. This budget will raise more total property taxes than last year's budget by $953,427 or 4.68 %, and of that amount $538,725 is tax revenue to be raised from new property added to the tax roll this year. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www. n rhtx . co m. CITY OF NORTH RICHLAND HILLS Department: Budget Council Meeting Date: 8 -13 -2007 Presented by: Drew Corn Agenda No. F.2 Subject: CN 2007 -066 Setting Dates for Public Hearing on Proposed Tax Rate and Record Vote on Placing the Tax Rate Adoption of the September 10, 2007 Council Meeting In follow up to the 2007 -2008 Budget Work Session, it is necessary to begin the notice and public hearing procedures to establish a tax rate for the next fiscal year in accordance with the City Charter and State law. At the Work Session, Council consensus was to set the tax rate at 57¢, which is the same tax rate as the current year. If approved, this will be the 15th consecutive year the tax rate has been 57¢. Per Senate Bill 567 of the 791h Texas Legislative Session, if a municipality imposes a tax rate that exceeds the effective tax rate, the municipality is required to have a record vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. The effective tax rate is 56.4932¢ which is lower than the proposed tax rate of 57¢. As a reminder, the effective tax rate is the rate that would be applied to the July 2007 property tax values that would provide the same amount of revenue as the current tax year. State law further requires that a municipality hold two public hearings if the proposed tax rate exceeds the effective tax rate. The first tax rate public hearing is proposed to be held on August 27, 2007, a regularly scheduled Council Meeting with the second public hearing proposed for a Special Council Meeting on August 30, 2007. State law requires that a tax rate be adopted no sooner than 3 days after the second public hearing and no later than 14 days after the second public hearing. It is proposed that the tax rate be adopted at the September 10, 2007 Council meeting. After proposing a tax rate and scheduling the two public hearings, the City must notify the public of the hearings. Per State law, A "Notice of Public Hearing on Tax Increase" will be published in the Fort Worth Star Telegram as a quarter page ad. Staff intends to publish the notice on August 20, 2007, the required seven days prior to the first public hearing on the proposed tax rate. The notice will include Council members' votes on the proposal to consider the tax increase or proposing a tax rate over the effective rate. The notice will also include: comparison of the proposed budget with current year's budget; calculations of total appraised value and total taxable value, bonded indebtedness, comparison of the proposed tax rate with current year's tax rate; and comparison of residence homestead values. A copy of the draft notice accompanies this coversheet. Recommendation: That a record vote be taken to place the adoption of the tax rate of 57¢ on the September 10, 2007 Council Agenda, and set the first public hearing on the 57¢ tax rate for Monday, August 27, 2007 during the regular 7:00 p.m. City Council meeting and set the second public hearing on the 57¢ tax rate for Thursday, August 30, 2007 during a special 6:00 p.m. City Council meeting. Notice of Public Hearing on Tax Increase The CITY OF NORTH RICHLAND HILLS will hold a public hearing on a proposal to increase tax revenues from properties on the tax roll in the preceding tax year by 0.897 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The public hearings will be held on August 27, 2007 at 7:00 pm and August 30, 2007 at 6:00 pm at North Richland Hills City Hall City Council Chambers, 7301 N.E. Loop 820, North Richland Hills, Texas. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: AGAINST: PRESENT and not voting: ABSENT: Comparison of Proposed Budget with Last Year's Budget The applicable percentage increase or decrease (or difference) in the amount budgeted in the preceding fiscal year and the amount budgeted for the fiscal year that begins during the current tax year is indicated for each of the following expenditure categories: Maintenance and operations 8.33% increase Debt service 0.32% decrease Total expenditures 4.91 % increase Total Appraised Value and Total Taxable Value as calculated under section 26.04, Tax Code Preceding Tax Year Current Tax Year Total appraised value* of all property $3,702,790,581 $3,927,589,785 Total appraised value* of new property ** $82,101,220 $94,642,358 Total taxable value*** of all property $3,407,141,199 $3,575,307,295 Total taxable value*** of new property ** $72,776,463 $94,642,358 Bonded Indebtedness Total amount of outstanding and unpaid bonded indebtedness $67,986,931 Tax Rates Adopted tax rate for the preceding tax year $0.570000 per $100 in value Proposed tax rate forth e current tax year $0.570000 per $100 in value Difference in the proposed tax rate and the adopted tax rate for the preceding tax year $0.000000 per $100 in value Percentage increase in the proposed tax rate the adopted tax rate For the preceding tax year 0.00% increase (These tax rate figures are not adjusted for changes in the taxable value of property.) Comparison of Residence Homestead Values Average appraised and taxable values on residence homesteads are compared from the preceding tax year and the current tax year. Preceding Tax Year Current Tax Year Average residence homestead appraised value $138,800 $144,417 Homestead exemption amount for the taxing unit $20,820 $21,663 (excluding special exemptions for persons 65 years of age or older or disabled) Average taxable value of a residence homestead $117,980 $122,754 Comparison of Residence Homestead Taxes The taxes that would have been imposed in the preceding tax year on a residence homestead at the average appraised value (excluding special exemptions for persons 65 years of age or older or disabled) are estimated to be $672.49. The taxes that would be imposed in the current tax year on a residence homestead appraised at the average appraised value in the current tax year (excluding special exemptions for persons 65 years of age or older or disabled), if the proposed tax rate is adopted, are estimated to be $699.70. The difference between the amount of taxes on the average residence homestead in the current tax year, if the proposed tax rate is adopted, and the preceding tax year would be an increase of $27.21 in taxes. "Appraised value" is the amount on the appraisal roll and defined by Section 1.04(8), Tax Code. "New property" is defined by Section 26.012(17), Tax Code. r "Taxable value" is defined by Section 1.04(10), Tax Code. EXPLANATION OF NOTICE BELOW The City of North Richland Hills is proposing a 57� tax rate for the coming fiscal year. The City has maintained this same 57� tax rate for fifteen consecutive years. The Notice below is required by the State of Texas to be published regarding the tax rate and property taxes because of increases in overall taxable values as of January 1, 2006. Your individual taxes may decrease, stay the same or increase depending on the change in the taxable value of your property. Disabled citizens and citizens over sixty - five years of age who reside in the same property as last year will pay the same property tax as last year. The City Council and management of the City of North Richland Hills are proud of the progress we have made while demonstrating sound financial management of our Citizens' tax dollar CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -13 -2007 Presented by: Mayor Ken Sheffer, City of Burleson Agenda No. F.3 Subject: INFORMATION & REPORTS - IR 2007 -100 TRTC: The Future of Transportation - presented by The Honorable Mayor Ken Sheffer, City of Burleson INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. I 2007 -100 r, Date: August 13, 2007 Subject: TRTC: The Future of Transportation At the August 13, 2007 Regular City Council Meeting, Ken Sheffer, Mayor of Burleson and Tarrant Regional Transportation Coalition board member, will update the Council on what the Tarrant Regional Transportation Coalition (TRTC) is doing to prepare for the future transportation needs of North Texas. The TRTC is a non profit organization that specifically advocates for transportation issues affecting the western half of the Metroplex. As you know, Mayor Trevino is the current chair of the TRTC. The TRTC builds a coalition of like minded governments, educates the public about transportation needs and encourages people to act to better transportation in the western half of the Metroplex. Mayor Sheffer will be presenting to Council a population forecast for North Texas and explain what the continuing boom in population means to our various transportation needs. Mayor Sheffer will also talk about projects that will alleviate some of the growing congestion problems, including the NE Loop 820 expansion. Finally, Mayor Sheffer will discuss budgeting concerns projects could face. Respectfully Submitted, Odgen "Bo" Bass Assistant City Manager ISSUED BY THE CITY MANAGER i NORTH RICHLAND HILLS, TEXAS CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 8 -13 -2007 Presented by: Councilman Scott Turnage Agenda No. F.4 Subject: INFORMATION AND REPORTS - Councilman Turnage Announcements The City of North Richland Hills will display its Artists at Work employee art exhibit August 17th through August 25th in the Recreation Center Assembly Room. For more details, please call 817- 427 -6614. The Companies in Action Volleyball Tournament will be held on Saturday, August 18th, at the NRH Recreation Center. Local businesses interested in competing in this event should call 817- 427 -6600 for more details. Richland Tennis Center is celebrating its 10th Anniversary from 1:30 p.m. to 5 p.m. on Sunday, August 26th. There will be free tennis drills, refreshments, door prizes and more. For more information, please call 817- 427 -6680. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Paul Faulks, Public Works Utility Department A phone call was received from a resident praising Paul for responding to a sewer problem so quickly. The resident said Paul was very professional and pleasing in the manner in which he resolved the problem. Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 8 -13 -2007 Agenda No. F.5