The URL can be used to link to this page

Home My WebLink AboutCC 2007-07-09 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, July 9, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meeting A.2 IR 2007 -080 Review Criteria for Solid Waste Request For Proposal (25 Minutes) A.3 IR 2007 -082 Review of Proposed Changes to Gas Well Drilling & Production Ordinance (25 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 July 6, 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, July 9, 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 A.1 1 nvocation - Mayor Pro Tem Compton A.2 Pledge - Mayor Pro Tem Compton A.3 Special Presentation(s) and Recognition(s) 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 June 14, 2007 City Council Work Session B.2 Approval of Minutes of June 25, 2007 City Council Meeting C.0 PUBLIC HEARINGS C.1 ZC 2007 -05 Public Hearing and Consideration of a Request from Tho Thi Dinh to Approve a Zoning Change from "R -2" Single Family Residential to "NS" Neighborhood Services (Located at 7917 Glenview Drive - 0.83 acres) - Ordinance No. 2944 C.2 FP 2007 -04 Consideration of a Request from Tho Thi Dinh to Approve a Final Plat of Lot 7, Block 1, Richland Heights Addition (Located at 7917 Glenview Drive - 0.83 acres). C.3 RP 2007 -02 Public Hearing and Consideration of a Request from Michael Butler to Approve a Replat of Lot 1, Block 4, Mollie B. Collins Addition into Lots1 R and 2, Block 4, Mollie B. Collins Addition (Located in the 6800 Block of Smithfield Road - 1.78 acres). C.4 RP 2007 -05 Public Hearing and Consideration of a Request from J &J NRH FLP to Approve a Replat of Lots 43R, Block 1, Forest Glenn West Addition, Lot 3, Block 1, Hilltop Acres Addition, and Tract 2A3, A1266 into Lots 4381, 64, 65, and 66, Block 1, Forest Glenn West Addition (Located in the 7800 Block of Forest Hills Court - 2.323 acres). C.5 ZC 2006 -19 Public Hearing and Consideration of an Appeal of Denial of the Zoning Change by the Planning and Zoning Commission of a Request from B. H. & L. Joint Venture, represented by Mr. John Barfield, to Approve a Zoning Change from "C -1" Commercial to "R -2" Single Family Residential (Located in the 8700 Block of North Tarrant Parkway - 5.347 acres) - Ordinance No. 2943 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 G N 2007 -055 Suspension of 2006 Interim Rate Adjustment Proposed by Atmos Energy Corporation, Mid -Tex Division - Resolution No. 2007 -047 F.2 G N 2007 -056 Appointments to Boards and Commissions F.3 C N 2007 -057 Appointments to Civil Service Commission - Places 1, 2 and 3 F.4 CN 2007 -058 Appointments to Park and Recreation Facilities Development Corporation - Places 2, 4 & 6 F.5 INFORMATION AND REPORTS - IR 2007 -083 Citizen Presentation Followup F.6 INFORMATION AND REPORTS - Councilman Whitson F.7 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 July 6, 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, July 9, 2007 6:00 P.M. A.1 Discuss Items from Regular City Council Meetinq A.2 I 2007 -080 Review Criteria for Solid Waste Request For Proposal (25 Minutes) A.3 IR 2007 -082 Review of Proposed Changes to Gas Well Drilling & Production Ordinance (25 Minutes) A.4 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -9 -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 -080 Date: July 9, 2007 Subject: Review Criteria for Solid Waste Request for Proposal The contract between the City of North Richland Hills and Allied Waste (formerly Trinity Waste) expires January 31, 2008. At the March 26, 2007 Council Worksession, Staff discussed with Council the options available concerning the solid waste contract. The options include negotiating with Allied Waste for a new solid waste contract, negotiating with another vendor for a solid waste contract, or issuing a Request for Proposal (RFP) to seek vendors for this service. Council consensus was for issuing a Request for Proposal. In 2002 Staff began the process of seeking a solid waste contract by negotiating with Trinity Waste to extend the existing contract, which contained extension provisions. After several months of negotiations it was determined that it would be in the city's best interest to seek proposals for the service. The Request for Proposal was issued in August 2002 and required all companies to submit a base proposal which was equivalent to the services negotiated in the proposed contract extension with Trinity Waste, at a price that was more favorable. The RFP also allowed for alternate proposals such as once a week pick -up, use of polycart containers, and four to six day pick -ups. The City received four proposals, a no -bid from one company, and no response from a sixth. The four vendors that submitted proposals were Community Waste Disposal, Duncan Disposal, I.E.S.I., and Trinity Waste Services. A committee reviewed the RFP's and made a recommendation to Council that Trinity Waste Services was the lowest price and included favorable contract terms. The terms of the current contract include: • Twice a week curbside "take all" service on Mondays and Thursdays • Curbside recycling on either Monday or Thursday one time per week • No rate increase for the 5 year term of the contract • Curbside Christmas tree collection • Free service to all city owned facilities • Sixty free hauls of 30 yard roll -off containers for community clean -up programs • $15,000 per year donation to Keep NRH Beautiful and $10,000 per year for senior citizen programming • Most favored nations clause ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS We would propose using the same approach as was used the last time the Solid Waste RFP was issued. If we use a similar approach to last time, the City would request a base bid that would be a service level at least equal to what we currently have. This approach would also allow alternate proposals be submitted in addition to the base proposal to allow companies to submit service options that we may not be aware of and may provide improved service for our customers. If alternates are submitted, this could also help us determine if our existing service is the optimal way to collect solid waste in the city. We would also like to add performing a "pre- screening" of vendors so that only experienced, reputable vendors submit proposals. As in the previous RFP we would include wording to the affect that all inquiries must go through a single staff contact and that to contact any other city official will result in disqualification of the proposer. When the proposals are received, we will appoint a staff committee to perform analysis of the proposals as well as make recommendations to management and Council. Staff would like to get Council input as to what you would like to see included in the next Solid Waste & Recycling contract for the City. For example: • Do you want to continue with twice a week garbage collection and once a week recycling? • Do you want to continue to have the entire city picked -up on the same day? • Do you want to continue with "take all" service or move to a weekly, bi- weekly or monthly bulky pick -up day? • Do you want to continue providing the option of backdoor service? • Do you want the residential solid waste provider and the commercial solid waste provider to continue being the same company or do you want to look at having different providers for residential and commercial? • Do you want to allow more than one commercial solid waste provider in the city? • Do you want another five year contract or would you prefer a shorter or longer contract period? • Do you want contract extension provisions included in the contract? • Do you want a contract that provides for no rate adjustments during the contract period or do you want an adjustment such as a fuel factor or consumer price index (CPI) adjustment included in the contract? Again, our interest in this worksession discussion is to get from Council any suggestions or thoughts as to the type of service Council would like to have and any specific provisions we should ask for in the request for proposals. The questions above are not intended to be the only ones to be answered, but are specific ones we would like direction on. The estimated schedule for the RFP process would be to issue the RFP on Monday, July 23 with proposals due back to the city on August 13. September 10 staff would seek Council approval to enter into contract negotiations with contract approval by City Council on October 8. As discussed with Council previously, it is important to begin the process of requesting proposals soon in order to have a decision by fall since the solid waste contract expires in January, 2008. On Monday night we will be updating Council on the RFP process as well as seek Council input on what, if any, changes Council would like to see in the next solid waste contract. Respectfully Submitted, Karen Bostic Managing Director INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -082 �' Date: July 9, 2007 Subject: Proposed Changes to Gas Well Drilling & Production Ordinance This item is being brought forward to City Council as a review of proposed changes to the Gas Drilling & Production Ordinance. The existing Gas Drilling & Production Ordinance No. 2862 was adopted on November 14, 2005. Significant changes have occurred in the technology in gas drilling in the Barnett Shale and several changes are also being proposed regarding safety and quality standards. As a result of several technical changes to drilling in the Barnett Shale and in an effort to provide the best safety and quality standards, staff is proposing to make changes to the existing Gas Drilling & Production Ordinance. The Development Review Committee along with key staff have reviewed area cities ordinances and worked diligently to bring forward revisions that are fair to operators, safe and unobtrusive to the community and reflect current technology. Proposed changes were presented to City Council in a work session on June 11, 2007. Staff has also presented these changes to the Gas Board of Appeals on Thursday, June 28 and met with Gas Well Operating Companies on June 29. Several questions were made by Council members, and these have been taken into consideration, and will be addressed in the comments. Staff is proposing to review updated changes with City Council during the July 9, 2007 Work Session. Please see attached outline of proposed changes. We hope to receive final direction from City Council and be back with the formal adoption of the new Gas Drilling & Production Ordinance on July 23, 2007. Respectfully Submitted, John Pitstick Director of Planning & Development ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS City Council concerns over setbacks and hours of operation City Council expressed concerns at the June 11, 2007 work session regarding maintaining a 300 foot setback from tank batteries and restricting hours of operation to daylight hours for all fracturing operations. The proposed new ordinance maintains a 300 foot setback from tank batteries to existing structures. Changes have been made to restrict all operations other than drilling from 7 am to 7 pm Monday through Saturday. The only other proposed change to setbacks includes an increase of setbacks for new buildings and residences after drilling has occurred. Staff is recommending an increase of setbacks from 150 feet from the drill hole to 150 foot setback from the outside boundary or fence of the final production site. Staff feels this change will establish an effective boundary without negatively affecting new building and development surrounding gas production sites. Proposed Gas Drilling Ordinance changes that increase standards and benefit City - Requiring Closed Loop Systems exclusively - Increasing fees ($5,000 to $10,000 for each well) -New screening standards (requiring chain link fences with wooden slats during drilling and concrete walls within 90 days of completion of drilling) - Restricting hours of operation (only allowing 2417 operations during drilling, all other activities restricted to 7 am to 7 pm Monday through Saturday) -New pipeline regulations (new right of way use agreements with fees, plans, liability and insurance requirements) - Exempting distance setbacks when drilling in city parks with City Council approval (separate agreement approved by City Council for all damages and separate stipulations for improving or reestablishing site) - Increasing setbacks from drill sites for new construction after drilling has occurred from 150 feet from drill hole to 150 feet from the outside boundary or fence of the drilling site. - Requiring concrete access roads with final production (previous standard allowed gravel roads) Proposed Changes that benefit Gas Drillinq Operators -new revisions allow drilling in the floodway with FEMA approval -new revisions allow compressors and compressor sites with approval from the Gas Board of Appeals Concerns from Gas Operators regarding proposed new ordinance - Clarification of hours of operation (Gas Companies are requesting set up time in the early morning or nighttime hours to prepare sites for fracturing and other operations that occur during daylight hours) -Self Insurance (Gas Companies are requesting a change in the insurance requirements if they are self insured. They are proposing to add the following language - "In the event Operator has a market capital worth exceeding one billion dollars, and proof of the insurance required herein is provided, such letter of credit and bond shall not be requiredF) -Salt Water Wells — (Gas Companies are requesting the ability to use salt water wells to dispose of waste water from drilling operations. They claim that these wells can be established with little effect on the environment because they are connected with salt water aquifers deep in the earth and will significantly reduce traffic to and from the drilling site to haul off used water. - Consideration of Open Pit Systems — (Gas Companies are requesting the consideration of open pit systems for certain sites under Gas Board of Appeals approval.) NO CHANGES TO EXISTING DRILLING SETBACKS -600 feet from drill hale and 300 feet from tank batteries -Gas Board of Appeals can reduce setback to 300 feet from tank batteries and 150 from drill hale with surrounding property owner approval PROPOSED ORDINANCE INCREASES SETBACKS FOR NEW CONSTRUCTION AFTER DRILLING HAS OCCURRED - Current regulations allow construction of new residences at 150 feet from drill hole -New proposed regulations require all newly constructed buildings to be at least 150 foot setback from outside boundary or fence of drill site COMMENTS FROM GAS COMPANIES Heather Barcia onesapeake Permitting and Re Analyst ENERGY July 3, 2007 John Pitstick Director of Planning & Development City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76182-0609 Listed below are the five main areas that Chesapeake would like considered in the revised ordinance changes, 1. Boundary setbacks — boundary should be measured from the edge of the padsite or masonry wall; approximately 150 feet to the nearest protected structure 2. Pipeline increase fuming from 910 to 180 days to allow adequate time for Pipeline Company to react and plan accordingly. a. Section 104-34 (i); Relocation of pipeline — 180 days b. Section 104-34 (k); Removal of Pipeline —180 days c. Section 104-34 (k); City's Right to remove — 180 days d. Section 104-34 (k); Restoration of Prop" — 180 days e. Section 104-35; As -Built Plans and Maps — 180 days 3. Hours of Operation (Tracing) — restrict actual fracing operations between sunset and sunrise, However, allow other fracing preparations to occur around the clock but the physical operations of fracing will not start until sunrise. 4. Allow operators to drill and operate Salt Water Disposal wells with the city limits. 5. Concrete access roads to the pad site — consider maintaining gravel roads to the pad site (possibly mud shakers, recycled asphalt or something similar that reduces dust). Road to be constructed 90 days after the final well is producing on the pad site. Please feet free to contact me with any questions or comments. Sincerely, Heather Barcia Chesapeake Energy Corporation 301 Commerce Street, 4600 - Fort Worth,'ruxas 76102 • $17-870,1250 - hbarciaritchkenmgy.com I VHARDING COMPANY (214) MI-4292 1.346.5 Midway Road Suite 400 Dallas, Texas, 75244 July 2, 2007 City of North Richland Hills 7301 NE Loop 820 North Richland Hills, TX 76180 Attn: Mr. John Pitstick RE-. Revisions to North Richland Hills Gas Drilling Ordinance Gentlemen: Thanks for the invitation to the meeting last Friday, June 29,200:7 concerning the revisions to the North Richland Hills gas drilling ordinance. We think a tremendous amount of discussions came out of this and we appreciate the opportunity to voice opinions and comments from the Oil & Gas Industry side of things. That being said, we would like to offer the following comments to the existing ordinance and the proposed changes: Salt Water Disposal Wells (SWD): We would propose the city of North Richland Hills allow SWD wells to be drilled in the city. These wells arejust like the existing drilling of Gas wells with the exception of water that is produced off the producing wells will be injected back down these SWIG wells into formations that are permitted by the Rail Road Commission (RRQ & TCEQ The main reason is less oilfield traffic on the city road ways, safety issues with regards to trucking and much more economical to the Oil & Gas industry. Closed Loop Mud Systems: We would propose the city allow for Open Loop Mud systems when site specific requirements exist. I would go a step, further and recommend that the city ask for an environmental mitigation fee for Oil & Gas Operators wanting to use the open loop mud system could do so by paying into this fund. Example: The city of Midlothian has imposed a $25,000 fee per well. This will help both the city and the operators. The Open Loop Mud system is approved by the RRC. Concrete access roads to locations: We would propose the city allow for crushed pavement be placed onto these road ways in an effort to cut down on dust. By placing concrete onto these access roads, it will make it more difficult to move these roads for any future development that may come in. If the city is going to make the industry to this, then it should come in place after the "Final Well" has been drilled, completed and flowing to gas sales line. Hours of Operations for Fracturing: All formation fiacturing shall be conducted between 07:00 hrs to 19:00 hrs (lam to 7pm) Monday through Saturday. It is understood, however that other fracturing operations including preparation, assembly, perforating, disassembly and cleanup are exempt from the above time restrictions. If mechanical problems exist which will require actual pumping beyond the required time frames then notification to the Gas Inspector will be required. • Self Insurance Requirements. More cities are allowing larger companies to go to this type of insurance certification and having a letter of credit to go with it. We wished North Richland Hills would approve such a plan. • Set Back Limit*, far final production sites: We feel that an 801 set-back from our "Final production pad site to future construction will be sufficient. • Re-location of pipelines & As Built Pipeline Surveys: We feel that allowing the Operators additional days to provide this survey and work specified with regards to movement of pipelines should be moved fi-orn the existing 45 days to 180 days. Due to the increase nature of the work load in our industry, it may take several weeks to obtain a work crew to do such work. • Soft landscaping over Masonry Walls: We would propose to install "soft landscaping with additional trees and scrubs as apposed to the proposed 8' masonry walls. We feel every sight should be "sight specific,, in nature to make sure the fencing and landscaping blends into the natural surrounding and not stick out, Flow Back Operations: We need to flow these wells back immediately after our fracture treatments are complete thus the need to flow back our gas to the atmosphere in a "Controlled Manor" that will first be separated by mechanical devices and then burned in a "Controlled Manor" such as a fire stack. It does state in the current existing ordinance that we can obtain written approval from the Gas Inspector, Again, I appreciate the time and considerations you have allowed us to participate in your gas ordinance revisions and look forward to a continued long lasting successful working relationship with the Staff and city. If you have any questions or comments, please feel free to contact me at the letterhead address or my cell: (817) 798 -0771. Rc:a,,kd St eve mith VP Operations Harding Company Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7 -9 -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, July 9, 2007 7:00 P.M. A.0 Call to Order - Mayor Trevino A.1 Invocation - Mayor Pro Tem Compton A.2 Pledge - Mayor Pro Tem Compton A.3 Special Presentation(s) and Recognition(s) 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 June 14, 2007 City Council Work Session B.2 Approval of Minutes of June 25, 2007 City Council Meetinq C.0 PUBLIC HEARINGS C.1 ZC 2007 -05 Public Hearing and Consideration of a Request from Tho Thi Dinh to Approve a Zoning Change from "R -2" Single Family Residential to "NS" Neighborhood Services (Located at 7917 Glenview Drive - 0.83 acres) - Ordinance No. 2944 C.2 FP 2007 -04 Consideration of a Request from Tho Thi Dinh to Approve a Final Plat of Lot 7, Block 1, Richland Heights Addition (Located at 7917 Glenview Drive - 0.83 acres). C.3 RP 2007 -02 Public Hearing and Consideration of a Request from Michael Butler to Approve a Replat of Lot 1, Block 4, Mollie B. Collins Addition into Lots1 R and 2, Block 4, Mollie B. Collins Addition (Located in the 6800 Block of Smithfield Road - 1.78 acres). rl:7i►��I�r��I•"1•�171Ca: =10MMI • 1 7 :'[R- i�i�i•7iiilf:?I11�1:7:�� to Approve a Replat of Lots 43R, Block 1, Forest Glenn West Addition, Lot 3, Block 1, Hilltop Acres Addition, and Tract 2A3, A1266 into Lots 4381, 64, 65, and 66, Block 1, Forest Glenn West Addition (Located in the 7800 Block of Forest Hills Court - 2.323 acres). r •��i►��I�I•�iiMAWIpolM:MOW "10w�C• ITEU • 1 •0iiW. • M [7sRTZ", M We T Zoning Change by the Planning and Zoning Commission of a Request from B. H. & L. Joint Venture, represented by Mr. John Barfield, to Approve a Zoninq Change from "C -1" Commercial to "R -2" Single Family Residential (Located in the 8700 Block of North Tarrant Parkway - 5.347 acres) - Ordinance No. 2943 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 -055 Suspension of 2006 Interim Rate Adjustment Proposed by Atmos Energy Corporation, Mid -Tex Division - Resolution No. 2007 -047 F.2 GN 2007 -056 Appointments to Boards and Commissions F.3 GN 2007 -057 Appointments to Civil Service Commission - Places 1, 2 and 3 F.4 GN 2007 -058 Appointments to Park and Recreation Facilities Development Corporation - Places 2, 4 & 6 F.5 INFORMATION AND REPORTS - IR 2007 -083 Citizen Presentation Follow -up F.6 INFORMATION AND REPORTS - Councilman Whitson F.7 Adjournment CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Call to Order - Mayor Trevino Council Meeting Date: 7 -9 -2007 Agenda No. A.0 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Invocation - Mayor Pro Tem Compton Council Meeting Date: 7 -9 -2007 Agenda No. A.1 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Pledge - Mayor Pro Tem Compton Council Meeting Date: 7 -9 -2007 Agenda No. A.2 CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: Special Presentation(s) and Recognition(s) Council Meeting Date: 7 -9 -2007 Agenda No. A.3 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -9 -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: 7 -9 -2007 Agenda No. A.5 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -9 -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: 7 -9 -2007 Presented by: Agenda No. B.1 Subject: Approval of Minutes of June 14, 2007 City Council Work Session Recommendation: To approve the minutes of the June 14, 2007 City Council Work Session. MINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, PRE - COUNCIL ROOM, 7301 NORTHEAST LOOP 820, JUNE 14, 2007 — 6:00 P.M. 1. CALL TO ORDER Mayor Trevino called the work session to order at 6:10 p.m. Present: Oscar Trevino Mayor Suzy Compton Mayor Pro Tem, Council 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 Ogden Bo Bass Assistant City Manager Jim Starr Interim Assistant City Manager Karen Bostic Managing Director Administrative /Fiscal Services Patricia Hutson City Secretary Larry Koonce Director of Finance Drew Corn Budget Director Mary Edwards Public Information Officer Elizabeth Reining Assistant to City Manager Patrick Hillis Human Resources Director Mike Curtis Public Works Director Absent: Scott Turnage Council, Place 6 2. DISCUSS PLANNING AND PROGRAM OF SERVICES FOR FISCAL YEAR 2007/2008 City Manager Cunningham outlined the agenda. Purpose of the work session is to provide information regarding the City's 2007/2008 preliminary budget, information on current and future issues that will affect city services and impact the budget and to receive input from Council on planning next year's program of services. During budget preparations, the Council's goals and priorities, department priorities and needs of the community were taken into consideration. Council was reminded that information being presented and discussed was very preliminary. Mr. Larry Koonce, Finance Director, presented information on fiscal year 2005106 Fund Balances and the use of fund reserves and rebuilding reserves. Mr. Koonce discussed the reason for declining reserves in recent years and the efforts in 2006 to rebuild the reserves. Council was advised of challenges faced in the reserve funds for Information Services, Equipment Services, Building Services, Permanent Street Maintenance, CIP Pay -As- You -Go and the Insurance Fund. Councilman Barth present at 6:30 p.m. Mr. Drew Corn, Budget Director, reviewed the preliminary 2007 revised vs. adopted budget revenues and expenditures for the General and Utility Funds and highlighted the major impacts to the revenues and expenditures in the General Fund. Mr. Koonce discussed with Council the preliminary tax roll for 2007, the distribution of tax revenues and how the estimated General Fund Tax Revenues are calculated. Mr. Koonce explained the effective tax rate and the preliminary calculation of the effective tax rate at 57 cents. A brief overview was given of the fiscal year 2008 preliminary budget and a comparison was given of the 2007 adopted versus 2008 preliminary budget. Impacts to revenues and expenses in the General Fund for fiscal year 2008 were highlighted. Staff presented Council with the following current issues: • 2007 Citizen Survey — Council previously discussed conducting a survey every two years to receive feedback and understanding of citizen attitudes and perceptions about the quality of life in North Richland Hills and services provided by the City. Ms. Bostic discussed with council the citizen survey conducted in 2005 and plans to use it as a benchmark for future surveys. Staff sought direction from Council on whether they were supportive of conducting the Citizen Survey in 2007 and in continuing the survey process every two years. After a brief discussion by Council, the Council was supportive of conducting a survey in 2007 and confirmed their support of continuing the survey process every two years thereafter. • Radio Frequency Identification Device (RFID) — Mr. Starr presented information on a possible RFID Program in the Library. The implementation of an RFID Program in the Library would replace the current tagging system and allow more self -check out and introduce self check in. The system will tag and identify the library's collections, track loans, control inventory and provide security. The benefits of moving to the new system were explained. If funding were to be provided in FY 200712008, the Library Director does not believe the system would be implemented in time for the opening of the new Library and implementation would occur about May 2008. In order for the new system to coincide with the opening of the new library, the program would need to be funded in FY 200612007. Staff sought direction from Council on their support of the new technology, if they waned to amend the current budget by $231,300 for RFID and if Council supported including implementation of a RFID system as part of the capital program next fiscal year. Council questioned what other larger surrounding cities were using the system. Council requested Staff to further research and compare to libraries similar to North Richland Hills. Council was interested in the following information: ratios of the number of employees per book checked out since implemented, actual savings, percentage of loss, staffing to check -in books, etc. The Council agreed that they would like to receive more information before making a decision to support moving to the technology and they did not support the funding of the system in the 2006 budget. • New Library Opening and Transition — The opening of the new library will expand the City's library space by 18,000 square feet and circulation is anticipated to increase 25 %, adding 175,000 circulation transactions to employees' workloads. Council was advised of the projected increased costs to provide service and maintain the facility. Staff discussed with Council the physical move of the library's collections to the new facility. Because much of the shelving from the existing library is scheduled to be re -used, the move will require unloading the shelves, disassembling and moving steel shelving, re- installing in the new location and then moving the collection to its new location. Staff is recommending the library be closed to the public during the process, which could take three to four working weeks. Plans are to coordinate with other libraries in the community to accommodate North Richland Hills' residents during the transition. Staff requested direction from the Council on their support of the closing of the library during the move to the new facility for three to four weeks or having Staff evaluate keeping a portion of the Library open to provide minimal needs. The consensus of the Council was not to leave the library open to the public during the transition and Staff will look at options to accommodate the City's residents during the move. • Municipal Wireless Network — Council discussed at last year's Mid -Year Budget Work Session municipal wireless networking and directed Staff to acquire services for an assessment of the cost and feasibility of providing a City -wide mesh network. The City has negotiated a no cost assessment with RedMoon Inc. and the Information Services Department is in the process of completing a site /asset questionnaire from RedMoon. Upon completion, RedMoon will begin a physical assessment of the City and its assets. The next step will be for the City to implement a pilot wireless mesh system which will provide feedback regarding range, speed and reliability, as well as supply solid data regarding what applications and functions the City performs that can be mobilized. The pilot would cover a one square mile area and would be implemented and operational in fiscal year 200712008. A City -wide wireless mesh system implementation plan would be presented through the budget process as a capital project for fiscal year 200812009. Staff requested direction from the Council on their support of moving forward with a pilot wireless mesh network for the mobilization of City applications and after the pilot project is completed, does Council want Staff to explore the feasibility of expanding the wireless network to citizens in the future. Council asked to be provided with information on the costs to other cities that had a wireless network. After discussion, the consensus of the Council was to move forward with the pilot wireless network and for Staff to explore the feasibility of expanding the network. • Preventive Street Maintenance Program — Council approved in the current fiscal year an increase of $200,000 in the Preventive Street Maintenance Program from the Gas Fund. With the additional funding, Staff anticipated being able to improve the condition of many more streets, but due to inflation Staff was not able to improve as many as originally anticipated. Staff discussed with Council the impact inflation had on the program and provided Council with a comparison of what was estimated to be accomplished and what actually was accomplished. Staff sought direction from the Council on their desire to fund the program at the same level as last year ($800,000) or fund at the previous year's level ($600,000) if General Fund monies were to be used. Council was also asked if they were receptive to using the Gas Fund or General Fund Balance if Staff could not find excess of $600,000 in the General Fund for the program. After discussion, the consensus of the Council was to fund the program at the $800,000 level and to revisit the inflation factor next budget year. Council was also receptive to using the Gas Fund or General Fund Balance if monies in the General Fund could not be found to fund the excess of the $600,000. • Traffic Signal Synchronization — Mr. Curtis discussed with Council updating the timing plans for Davis Boulevard, Boulevard 26 and Mid Cities Boulevard and the effect it will have on improving traffic flow. The current timing plan is based on 2005 volumes and patterns and in the past two years there has been a significant increase in volume along the three thoroughfares. The least amount of improvement in traffic congestion will occur along Davis Boulevard due to the need for TxDCT to add additional lanes. It is estimated that the additional lanes will not be added for another two years. Council was asked if they would like to proceed with the updated timing plan for Davis Boulevard or wait until the additional lanes are added to the road. After discussion, the Council decided they preferred not to proceed with the updated timing plan for Davis Boulevard. • Increased Activity at Municipal Court — Ms. Bostic updated Council on workload increases in Municipal Court. Council was advised that a survey on the seven most written violations had been conducted among area cities and as a result of the survey, the Judge is proposing increases to fines in four areas. The Court is proposing the addition of personnel for document imaging, to implement state mandates that become effective September 1 and a collection program that would be run by the Municipal Court. Council was asked if they would be receptive to adding some additional personnel recognizing that additional revenues from adjusted fines can cover increased proposed expenditures. After discussion, the Council concurred that they would be receptive to some additional personnel. • Economic Development Initiatives — Mr. Starr discussed an economic development program that would encourage private investment in single- tenant buildings and community strip centers along the City's mature corridors — Rufe Snow Drive, Davis Boulevard and Boulevard 26. Three separate matching grant programs are proposed that will target needed improvements in the areas of sign removal, sign construction and facade improvement. Council was asked 1) if an economic development program for the City's three mature corridors is something Council would like to pursue in the upcoming year; 2) if Council wanted to target only one area, which corridor would Council want to focus on; and 3) would Council be receptive of utilizing funds from the Gas Funds to finance the pilot program. Council discussed whether to target the three mature corridors or to focus on only one area. The consensus of the Council was to focus on the City's three mature corridors. The Council was also receptive to utilizing funds from the Gas Fund to finance the pilot program. • Central Recreation Center — Mr. Starr advised of upcoming decisions needed on the proposed location of the new Recreation Center in Home Town, funding and programs to be offered. Citizens first identified a need for a centrally located recreation center in the Park System Master Plan. A 1998 study identified several recreational features as essential facility elements. Council was advised that some of the recommended elements may need to be revised given current trends and demands as well as reducing the scope of the project given current development and construction costs. Staff discussed with Council the Recreation Center's current recovery cost policy and the need for a policy decision if a decision is made to no longer require the new Center to recover operating costs using the current policy. Mr. Curtis discussed with Council the need to decide which method should be used for project delivery when the new Center is built. Three options were presented — Design — Award — guild, Design — Build, and Design — Construction Manager at Risk, and the pros and cons of each were highlighted. Council was asked 1) if they were still comfortable with the elements outlined in the previous studies, or does Council believe they should be different; 2) if there was a level of cost recovery that should be achieved or should an initial threshold amount be determined for membership costs; and 3) would Council be receptive to further evaluation of the Design - Award -Build concept, Design -Build concept or Construction Manager at Risk concept. After discussion, the Council advised they were comfortable with most of the elements outlined in the study and suggested that the Park and Recreation Board review the trends and demands for the various elements. Council also concurred with maintaining the current cost of recovery policy and was receptive to further evaluation of the three project delivery concepts. Staff was also asked to verify the cost recovery on the Center's current programs. • Iron Horse Maintenance Equipment Replacement — Mr. Starr advised that various equipment at the golf course was in need of repair and replacement. Staff discussed with Council that in the past the City loaned the Golf Course money to replace equipment. The Management Contractor for the golf course has created an equipment replacement schedule but never provided funds to pay for the equipment replacement. Staff discussed with Council the debt capacity for the golf course. Council was asked if they wanted to place the Golf Course maintenance equipment on a replacement schedule similar to other North Richland Hills equipment and if they were receptive to loaning the golf course funds to replace its maintenance vehicles and equipment and place on a delayed payment plan. After discussion, Council was in favor of placing the maintenance equipment on a replacement schedule and was receptive to loaning the golf course funds to replace its maintenance vehicles and equipment. • Leadership Career Development Program — Ms. Reining discussed the City's desire to implement a city wide leadership training program. Staff is proposing to implement the program in fiscal year 2007/2008 in the Fire Department. In following fiscal years other departments would be trained. Council was asked if they were willing to spend the needed funds for this purpose and if they supported the Fire Department being the first department to receive training. After discussion, Council was supportive of implementing the program and the Fire Department being the first department to receive the training. Council was also supportive of not only initially training the Fire Department but also including other departments in the initial training. Staff presented Council with the following future issues: • Boulevard 26 — Mr. Curtis discussed with Council the completion of the intersection improvements at Rufe Snow Drive and Glenview Drive later this year. With the completion of the intersection improvements, no other improvements have been planned. Council discussed and concurred with the allocation of capital funds over the next couple of years for new public improvements in the Boulevard 26 Corridor. • Online CitiCable Broadcasts — Ms. Bostic discussed with Council whether to provide streaming of City Council Meetings live on the web site and provide "on demand" playback of meetings or to continue offering a limited number of Citicable programs online at no additional cost to the City. The consensus was to contract with an outside company to provide full service streaming and on demand video services. • Branch Library — Staff discussed with Council possible options and locations for providing a branch library in the southern part of the City. Council indicated that they were still supportive of providing a branch library south of Loop 820. Mr. Hillis updated the Council on the Insurance Fund and the Compensation Plan. 3. ADJOURNMENT Mayor Trevino adjourned the work session at 10:09 p.m. ► =1,,:Z0]►1: 193 Oscar Trevino — Mayor ATTEST: Patricia Hutson — City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -9 -2007 Presented by: Agenda No. B.2 Subject: Approval of Minutes of June 25, 2007 City Council Meeting Recommendation: To approve the minutes of the June 25, 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 — JUNE 25, 2007 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of June, 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 John Lewis Council, Place 1 Ken Sapp Council, Place 2 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 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 Monica Solko Assistant 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 and Recreation Director Patrick Hillis Human Resources Director Thomas Powell Support Services Director Chris Amarante Construction Manager Jamie Brockway Purchasing Manager Absent: Suzy Compton Mayor Pro Tem, Place 3 David Whitson Council, Place 5 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 There were no items discussed. A.2 I R 2007 -072 Discuss Youth Advisory Committee Recommendation to Change Name of Simmons Drive Sarah Shive, Chair of Youth Advisory Committee presented the item. The 2007 Senior Class of Birdville High School proposes the entire length of Simmons Drive, from Mid - Cities Boulevard to Grand Avenue, be changed to Hawk Avenue. Simmons Drive is located directly west of Birdville High School and the 2007 Senior Class of Birdville HS wanted the street name to reflect its proximity to the school. The class approached the City about changing the name and was directed to the Youth Advisory Committee. The Senior Class and the Youth Advisory Committee are working together to get the name changed. She explained that the Youth Advisory Committee (YAC) has reviewed the request from Birdville High School seniors to change the name of Simmons Drive to Hawk Avenue and recommends the change to City Council. After brief discussion and questions by the Council, the consensus was to refer the request to the Naming Board for their consideration. A.3 IR 2007 -076 Property and Equipment Damage Report - April 13, 2007 Hail Storm Patrick Hillis, Human Resources Director, provided a PowerPoint presentation briefing Council on property and equipment damage caused by the April 13th hail storm. He explained that no major structural damage to any single building occurred. Damage to City property was caused by the large hail to vehicles, roof tops, windows, skylights and other outdoor items. Damage occurred to a number of different facilities and parks located throughout the City including: Fire Station #2, Fire Station #3, City Hall, Library, Recreation Center, NRH20, Fossil Creek Restroom, Northfield Concession /Restroom, Northfield Utility Building, Richland Tennis Center, Cross Timbers Pavilion, Walkers Creek Pavilion and Bridge, and the GE Pump Building. Initial property damage estimates put repair and replacement costs at approximately $980,000 minus the $25,000 deductible. A final settlement of the City's property claim should occur in August. Once the claim has been finalized permanent repairs will begin. There were no questions from the Council. A.4 I R 2007 -078 State Legislative Update Ms. Karen Bostic, Managing Director, updated the Council on the status of various city - related bills being tracked by the City. There were no questions from the Council. A.5 Adjournment Mayor Trevino announced at 6:24 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 June 25, 2007 at 7:00 p.m. ROLL CALL Present: Oscar Trevino John Lewis Ken Sapp Tim Barth Scott Turnage Tim Welch Staff: Larry J. Cunningham Ogden Bo Bass Patricia Hutson Monica Solko George Staples Absent: Suzy Compton David Whitson Mayor Council, Place 1 Council, Place 2 Council, Place 4 Council, Place 6 Council, Place 7 City Manager Assistant City Manager City Secretary Assistant City Secretary Attorney Mayor Pro Tem, Place 3 Council, Place 5 A.1 INVOCATION Councilman Turnage gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilman Turnage led the pledge of allegiance. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Councilman Welch presented a Proclamation for National Parks and Recreation Month to Vickie Loftice, Director of Parks and Recreation. A.4 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Debbie York, Environmental Resources Coordinator and Councilman Turnage recognized the following yard of the month recipients for June: Charles L. & Beverly Shaw, 6633 N. Onyx Drive; Jana Collier, 6741 Georgia Avenue; Mack & Sherry Wood, 5505 Club House; Anna Peters, 7700 Terry Dr.; Cher Paris, 5920 Barton Springs Dr.; Kathy Larson, 6936 Briardale Dr.; Tammy Gill, 9205 Grace Court; Abraham Andrews, 7121 Greenhill Trail; Cal & Liz Herron, 8629 Amhurst Court. Southwest Vision Center, 7728 Mid - Cities Blvd. Mario J. Contaldi, O.D. was recognized as the June Business Landscape Winner. A.5 CITIZENS PRESENTATION Mrs. Laverne O'Steen, 8429 Emerald Circle, showed Council a picture of a crumbling fence column and expressed her concerns. Mayor Trevino stated that the picture being shown was out dated and that repairs had been made. He asked Bo Bass, Assistant City Manager to update the Council at the next meeting with current pictures and status of the repairs made. or* MI T A.6 REMOVAL OF ITEM(S) FROM THE CONSENT AGENDA B.0 APPROVAL OF CONSENT AGENDA ITEMS ❑ PPRnvPn B.1 APPROVAL OF MINUTES OF JUNE 11, 2007 CITY COUNCIL MEETING COUNCILMAN TURNAGE MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. C.0 PUBLIC HEARINGS There were no items for this category. D.0 PLANNING & DEVELOPMENT There were no items for this category. E.0 PUBLIC WORKS E.1 PW 2007 -014 APPROVE INTERLOCAL AGREEMENT WITH TARRANT COUNTY FOR THE MAINTENANCE OF NORTH TARRANT PARKWAY (1800 WEST OF DAVIS BOULEVARD TO 2900 FEET WEST OF SMITHFIELD ROAD) - RESOLUTION NO. 2007 -037 APPROVED Mike Curtis, Director of Public Works presented the item. Tarrant County requires an annual interlocal agreement for all County owned roadways that are located within the city limits of a city. The annual maintenance agreement for North Tarrant Parkway is required in order to clearly define responsibilities between the County and the City. The interlocal agreement provided is similar to all previous maintenance agreements for North Tarrant Parkway with the exception of the length of roadway to be maintained by the County. The County is only planning to maintain the section of North Tarrant Parkway that they constructed. The City will be required to maintain the section of North Tarrant Parkway that was improved beginning at Precinct Line Road and ending approximately 1800 feet west of Davis Boulevard. COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION NO. 2007 -037. COUNCILMAN WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.0 GENERAL ITEMS F.1 PU 2007 -032 RECONSIDER ACTION ON BID NO. 07 -1390 ANNUAL CONTRACT FOR TRAFFIC MATERIALS SECTION "B ". APPROVED Larry Koonce, Director of Finance presented the item. At the June 11, 2007 meeting, Council awarded Section B of the Traffic Material Annual Contract to Centerline Supply based on a low bid of $24,542.50. As a result of an error in tabulation of the bids, Section B was awarded to the wrong vendor. Allied Tube and Conduit Corporation is the actual low bidder with a bid total for Section B of $23,510.70. It is therefore requested that the award of Section B to Centerline be canceled and this section be awarded to Allied Tube & Conduit Corporation. COUNCILMAN LEWIS MOVED TO APPROVE PU 2007 -032. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.2 GN 2007 -051 YOUTH ADVISORY COMMITTEE END OF YEAR REPORT APPROVED Sarah Shive, Chair of the Youth Advisory Committee presented the year -end report. COUNCILMAN BARTH MOVED TO APPROVE THE YOUTH ADVISORY COMMITTEE END OF THE YEAR REPORT. COUNCILMAN LENS SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.3 GN 2007 -052 YOUTH ADVISORY COMMISSION BY -LAW CHANGES Sarah Shive, Chair of the Youth Advisory Committee presented the item. During the past school year, the Youth Advisory Commission reviewed its by -laws and discussed possible changes to make to its governing rules. YAC believed it was time to re- evaluate its rules and make sure they were still current. Most of the changes proposed by YAC are clerical or made to make the document more readable. The most significant change to the by -laws is combining the sections on quorums and meeting requirements and tying both to the Texas Open Meeting Laws. COUNCILMAN WELCH MOVED TO APPROVE THE CHANGES TO THE YOUTH ADVISORY COMMISSION BY LAWS. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.4 GN 2007 -053 APPROVAL OF NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE APPROVED Elizabeth Reining, Assistant to the City Manager presented the item. The Youth Advisory Committee (YAC) has 6 members that graduated in May, 2007. YAC has 5 members that are returning and in good standing. According to the by -laws currently in effect these members are automatically re- appointed to one -year terms without Council approval. This leaves 7 vacancies on the 12 member board. In an effort to begin filling these vacancies, the following new members are recommended for appointment: • Hannah Bullington - Richland High School -Grade 12 • Katie Thornton -Richland High School -Grade 12 • Morgan Chaney - Richland High School -Grade 9 COUNCILMAN LEWIS MOVED TO APPROVE THE NEW COMMITTEE MEMBERS TO THE YOUTH ADVISORY COMMITTEE. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.5 GN 2007 -054 APPROVE RECOMMENDATIONS FOR NAMING OF THE NEW NORTH RICHLAND HILLS PUBLIC LIBRARY AND CHILDREN'S AREA - RESOLUTION NO. 2007 -046 ❑PPRC]VFn Councilman Barth presented the item. On June 8, 2007, the Naming Board met and reviewed the possible names for the new Library and various rooms within the Library. The Board, consisting of Mayor Pro Tem Compton, Councilman Turnage, and Councilman Barth recommended the Library be named the North Richland Hills Public Library, the children's area be named the Brinkley Children's Library and the activity room within the children's area be named Polly's Room. COUNCILMAN EARTH MOVED TO APPROVE THE NAME OF THE NEW LIBRARY AS "THE NORTH RICHLAND HILLS PUBLIC LIBRARY ", THE CHILDREN'S AREA TO BE NAMED "THE BRINKLEY CHILDREN'S LIBRARY" AND THE ACTIVITY ROOM WITHIN THE CHILDREN'S AREA TO BE NAMED "POLLY'S ROOM ". COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5 -0. F.6 INFORMATION AND REPORTS Councilman Sapp made the following announcements. Dive -in Movies continue on Friday nights at NRH20 Family Water Park. Join us on June 29th for "Jaws" and July 6th for "Happy Feet." Dive -in Movies are free with paid admission to the park. For more details, please call 817- 427 -6500. Join us on July 4th for the Quad Cities Family 4th Fireworks Show. The fireworks start at 9:30 p.m. They can be viewed from of the parking lots Wiley G. Thomas Coliseum in Haltom City and the ATI Career Training Center off of Boulevard 26 in North Richland Hills. Parking is free at both locations and will be available on a first come first served basis, so plan to arrive early. For more information, please call 817 -281 -9376. City Hall and other City offices will be closed on Wednesday, July 4th, in observance of Independence Day. Garbage service will not be impacted by the holiday. Kudos Korner - Bob Hagin, Parks & Recreation Department. An e -mail was received from a resident expressing appreciation to Bob for arranging for them to use the ball field and horseshoe pits for their three team tournament and hotdog cookout. The resident said the facilities were in great shape and everyone had a great time. F.7 ADJOURNMENT Mayor Trevino adjourned the meeting at 7:43 p.m. Oscar Trevino — Mayor ►=ri III =iii Patricia Hutson, City Secretary CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Subject: PUBLIC HEARINGS Council Meeting Date: 7 -9 -2007 Agenda No. C.0 CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 7 -9 -2007 Agenda No. CA Subject: ZC 2007 -05 Public Hearing and Consideration of a Request from Tho Thi Dinh to Approve a Zoning Change from "R -2" Single Family Residential to "NS" Neighborhood Services (Located at 7917 Glenview Drive - 0.83 acres) - Ordinance No. 2944 Case Sum mary: The applicant, Ms. Tho Thi Dinh, is requesting a rezoning of this 0.83 acre site from "R -2" Single Family Residential to "NS" Neighborhood Services for the purpose of building a small commercial development to operate her dress making and tailoring shop. A concept site layout has been reviewed and it appears all applicable building setbacks and development regulations could be met. A finalized site plan for the future development will be submitted for review by the Development Review Committee. Existing Site Conditions: The site currently has an old residential structure and detached garage. The site is characterized by being generally flat with turf grass and some trees scattered on the site. It is the intent of the applicant to raze the structure for new construction. Comprehensive Plan: The Comprehensive Land Use Plan depicts this area for commercial. The proposed use is consistent with the Plan. Thoroughfare Plan: The site has frontage on Glenview Drive, a four -lane, undivided collector street with Right Of Way being located in the City of Richland Hills. Surrounding Zoning 1 Land Use: North: "R -2" 1 Single family residential East: "R -2" 1 Single family residential South: City of Richland Hills/ Commercial West: "R -2" 1 Single family residential Planning and Zoning Recommendation: 5 -0 vote for approval of the rezoning request. Staff Recommendation: To approve Ordinance No. 2944 and uphold the Planning and Zoning commission and approve zoning change request ZC 2007 -05. Review Schedule: Application: 3112107 Final Hearing: 719107 Total Review Time: 17 weeks LOCATION MAP NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS � x PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 20,07 -05 Applicant: Tho Thi Dinh Location: 799117 Glenview Drive (.$3 acres) You are receiviing this notice because you are a property owner of record within 200 feet of the property shown on the attached imap. Purpose of Public Hearing: A pubilc hearing is being held to consider a request from Tho Thi Dinh to rezone .83 acres of land from "R -2° Single Family Residential to "ll Neighborhood 'Services, located at 7'917 Glenview Drive Public Hearing Schedule: Public Hearing (Dates: PLANNING AND ZONING COMMIS'S'ION THURSDAY, JUNE 21, 2007 If recommended for approval by the (Planning and Zoning Commission, this zoning, request will be heard by the City Council on. CITY COUNCIL MONDAY, JULY 9, 2087 Bath Meetings Time: 7:00 P.M. Batty Meetings Location; CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or Fetter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 18180 Phone X817) 427 -0300 Fax (817) 427 -6303 PROPERTY OWNER NOTIFICATION LIST MC Celu sniadk 4201 Lynn Ter Fort Worth, TX 76180 OTM Holdings LLC PO Box 11382 Fort Worth, TX 76110 Raye Shackelford Sievers 1004 Conan Or Fort Worth, TX 76180 Sue Jinn Williams 4904 Delta Ct Fort Worth, TX 76180 David Brown 79105 Glenview Dr Fort Worth, TX 76180 Raymond and Patsy Counts 4200 Lynn Ter Fort Worth, TX 761180 Dale and Paula Cole 1017 W Blluff 5t Fort Worth, TX 76102 Tommie Phelps 79240 Conn Dr Fort'WWorth, TX 76180 Tho ICtinh 7917 Glenview Car Richland Dills, TX 76180 Ernest and Alma Rayos 4201 Keeter Drive Fart Worth, TX 76180 Vicki Weldon 7908 Conn IL7r North Richland Hillis, TX 76180 ,Eyck Hybarger 7925 Glenview Dr Fort Worth„ TX 76180 Sarnmie Prather 7909 Glenview Dr Fort Worth, TX 76180 EXCERPT FROM THE JUNE 21, 2007 PLANNING AND ZONING COMMISSION MINUTES ZC 2007 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THO THI DINH TO APPROVE A ZONING CHANGE FROM "R -2" SINGLE FAMILY RESIDENTIAL TO "NS" NEIGHBORHOOD SERVICES (LOCATED AT 7917 GLENVIEW DRIVE — 0.83 ACRES) Chairman Shiflet opened the public hearing at 7:03 p.m. Micha Duffy, 601 W. Harwood Rd, Hurst, TX 76054 with Hamilton Duffy Engineering came forward representing the applicant. Mr. Duffy proposed to remove the existing residential structure and detached garage and build a small retail structure in its place. The required 4 ft. sidewalk along Keeter Drive will be addressed in the final plans. The owner wishes to maintain her dress shop with one -third to one -half of the structure and the remaining being several retail shops. Eric Wilhite came forward stating the comprehensive land use plan depicts this area for retail commercial and there would be a site planning process. He mentioned that, if anyone in the audience was concerned about the site plan change since there would still be adjacent residential zoning, the standard 6 ft. masonry screening fence and 15 ft landscape buffer would have to be installed as part of the zoning ordinance. Staff reviewed this zoning change and recommends approval. Bill Schopper asked if this was consistent with the Boulevard 26 plan? Eric Wilhite stated yes it is. Bill Schopper stated his concern with the converted residences on the south side of the street in Richland Hills and the new strip center on the north side. He asked if the design elements of Boulevard 26 would be incorporated into it. Eric Wilhite stated it is uncertain what would happen with the development of the Glenview Corridor, most likely it would be redeveloped into commercial property. Chairman Shiflet asked if there were any others wishing to speak for or against, there being none he closed the public hearing at 7:08 p.m. APPROVED Bill Schopper motioned to approve ZC 2007 -05, seconded by Mike Benton. The motion carried unanimously (5 -0). Steven Cooper and Mark Haynes were absent. EXHIBIT A Area Surveying, Inc. REGISTFIt FD PR01;E S'S IONAL LANs SliRVEFOR5 133 5hefr tld DJ%v Fm Won h_TY 741;4 B17- 29.'I -�i�61 FIELa NOTES Description for a tract of fund in the W. W. Wallace Survey, Abstract Number 1606, City of North Richland Hills, Tarrant County. Texas, and Being that tract of land described in a deed to Tho Thi Dinh, recorded in Volume 15913, Page 135, Deed Records, Tarrant County, Texas; and being described by metes and bounds as follows: BEGINNING at an 112" iron pin found in the west line of Keeter Drive, for the southeast corner of Lot 1, Block 1, Richland Heights Addition, Section 3, according to plat recorded in Volume 388 -11, Page 85, Plat Records, Tarrant County, Texas; THENCE SOUTH a distance of 181.00 feet to a 112" iron pin set with cap marked, "AREA SURVEYING" at the intersection of the North line of Glenview Drive with the West line of Keeter Drive; THENCE North 89 degrees 49 minutes 00 seconds West a distance of 2001.61 feet to a 112" iron pin set with cap marked, "AR EA SURVEYING" along the northerly line of Glenview Drive; THENCE NORTH at 179.40 feet passing a 5/8" iron pin found, in all, a total distance of 181.00 feet to a point in the south line of said Block 1; THENCE South 89 degrees 49 minutes 00 seconds East a distance of 200.61 feet along the south line of said Block 1, to the POINT OF BEGINNING, said described tract containing 0.83 of an acre of land. Field Notes based on the survey prepared_ by Roger W. Hart, R.P.L.S. Number 4484. m H m 2 x w t.N LL J-2 c; q k5 P � w 5 � us � z d- - - a n z S _w � W I t7 1), C SJ C3 I " m i r; titsl rl n "I I , Y ORDINANCE NO. 2944 ZONING CASE ZC 2007 -05 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 .83 ACRE TRACT OF PROPERTY FROM R -2 (SINGLE FAMILY RESIDENTIAL) TO NS (NEIGHBORHOOD SERVICES) 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 .83 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from R- 2(Single Family Residential) to NS (Neighborhood Services) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on this 9th day of July, 2007. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney =1;j, ;T0TFA=1llrilatOIK0]24 k11 =Ikq kii John Pitstick, Planning & Development Director CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 7 -9 -2007 Agenda No. C.2 Subject: FP 2007 -04 Consideration of a Request from Tho Thi Dinh to Approve a Final Plat of Lot 7, Block 1, Richland Heights Addition (Located at 7917 Glenview Drive - 0.83 acres) . Case Sum mary: The applicant, Tho Thi Dinh, is proposing to plat this 0.83 acre tract into one lot for a neighborhood services development. Ms. Dinh operates a dress making and tailoring shop and plans to develop the site in order to operate her business. Current Zoning: A zoning change is being requested concurrently with this final plat and, if approved, would change the zoning from "R -2" Single Family Residential to "NS" Neighborhood Services. The applicant intends to raze the existing structure and replace with new construction. Thoroughfare Plan: The site has approximately 200 feet of frontage on Glenview Drive, a 4 -lane, undivided minor arterial street with an ultimate Right of Way (ROW} of 70 feet, and 181 feet on Keeter Drive, a local street with 50 feet R.O.W. Comprehensive Plan: The Comprehensive Plan depicts office uses on this site. The proposed plat is consistent with the Plan. Staff Review /Rough Proportionality: The Development Review Committee has reviewed the plat and has determined that it complies with the Subdivision Ordinance. The city's engineer has determined that the developer will be required to construct a 4 foot sidewalk along Keeter Drive and include a 15 foot sewer easement along Glenview Drive. Planning and Zoning Recommendation: 5 -0 vote for approval of the rezoning request. Staff Recommendation: To uphold the Planning and Zoning Commission and approve final plat request FP 2007 -04. Review Schedule: Application: 3112107 Final Hearing: 719107 Total Review Time: 17 weeks LOCATION MAP Coin i Dir City of Richland Hills Feet Prepared by Planning 4/26107 01 62,5 125 250 375 5100 PUBLIC WORKS LETTER ?q1kH CITY OF NORTH RICHLAND HILLS MEMO TO: Chad VanSteenberg, Assistant Planner FROM: Glenn Smith, Engineer Associate SUBJECT: Richland Heights Addition; Block 1, Lot 7 Final Plat -- FP2007 -04 DATE: May 21, 2007 Public Works has reviewed the final plat submitted to this office on May 21, 2007. All Public Works' requirements have been met. cc: Greg Van Nieuwenhuize, Assistant Public Works Director ca uu 1g, Oil OALJ(J 10100) ;D -E :IN i 5 z 5 LF 5 Id ne 1g, Oil OALJ(J 10100) ;D -E z 1g, Oil 1g, '16 OALJ(J 10100) Id Al '16 EXCERPT FROM THE JUNE 21, 2007 PLANNING AND ZONING COMMISSION MINUTES FP 2007 -04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM THO THI DIHN TO APPROVE A FINAL PLAT OF LOT 7, BLOCK 1, RICHLAND HEIGHTS ADDITION Eric Wilhite came forward stating that the zoning change meets all subdivision rules and regulations staff recommends approval. APPROVED Mike Benton, seconded by Bill Schopper motioned to approve FP 2007 -94. The motion was carried unanimously (5 -0). Steven Cooper and Mark Haynes were absent. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 7 -9 -2007 Agenda No. C.3 Subject: RP 2007 -02 Public Hearing and Consideration of a Request from Michael Butler to Approve a Replat of Lot 1, Block 4, Mollie B. Collins Addition into Lots1 R and 2, Block 4, Mollie B. Collins Addition (Located in the 6800 Block of Smithfield Road - 1.78 acres). Case Summary: The applicant, Michael Butler, is requesting a replat of an existing 1.78 acre lot into two lots of 0.88 acres each. A public hearing is required on the replat because it is a residential replat and per State law, a hearing is required. Current Zoning: The zoning of the property is "R -3" Single Family Residential. The replated lots will far exceed the minimum lot area of 7,700 square feet required in R -3 zoning. Thoroughfare Plan: These replatted lots will each have 78.25 feet of frontage on Smithfield Road, a four lane undivided 50 foot R.C.W. collector. The plat indicates an additional 9 foot R.C.W. dedication. Comprehensive Plan: This plat is consistent with The Comprehensive Plan, which indicates low density single family uses. Staff Review: The Development Review Committee has reviewed the plat and has determined that it complies with both the Zoning and Subdivision Ordinances. Planning and Zoning Recommendation: 5 -0 vote for approval of the rezoning request. Staff Recommendation: To uphold Planning and Zoning Commission and approve replat RP 2007 -02. Review Schedule: Application: 2126107 Final Hearing: 719107 Total Review Time: 19 weeks LOCATION MAP PUBLIC WORKS LETTER fqfkH CITY OF NORTH RICHLAND HILLS MEMO TO: Chad WanSteenberg„ Assistant Planner FROM: Glenn Smith, Engineer Associate SUBJECT: Mollie B. Collins Addition, Block 4 —Lot 1R & 2 Replat — RP2007 -02 DATE: May 9, 2007 Public Works has reviewed the replat submitted to this office on May 2, 2007. All Public Works' requirements have been met. Staff would like to note that a detailed grading plan will be required when the ,property owner applies for a building permit. cc: {Greg van Nieuwenhuize„ Assistant Public Works Director W 2 x w J a x 'Ac 4M once..... 'y 1 X- aYURVP f {,XpY»adXkYXY r y la "k C? g , I f e {{ ti� I a I I I i I it II k m k2 EXCERPT FROM THE JUNE 21, 2007 PLANNING AND ZONING COMMISSION MINUTES RP 2007 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MICHAEL BUTLER TO APPROVE A REPLAT OF LOT 1, BLOCK 4, MOLLIE B. COLLINS ADDITION INTO LOTS 1 R AND 2, BLOCK 4, MOLL IE B. COLLINS ADDITION (LOCATED IN THE 6800 BLOCK OF SMITHFIELD ROAD — 1.78 ACRES) Chairman Shiflet opened the public hearing at 7:09 p.m. Michael Butler, 7308 Luther Ct, North Richland Hills 76180, came forward with this request. Chairman Shiflet asked what was currently on the lot and planned for the future? Mr. Butler stated it is currently under 2 acres with a residential structure on the front left of the property. They want to divide the property in half and build a home there. The house that is currently there would eventually be razed and another home built on that lot. Eric Wilhite came forward stating this residential replat is currently zoned R -3, the lots are going to be platted at 70 ft, based on the width and depth they far exceed the R -3 zoning and they meet all the subdivision rules and regulations. The comprehensive land use plan does indicate low density and this request is consistent with the land use plan, staff has reviewed and recommends approval. Chairman Shiflet asked if there were any others wishing to speak for or against? There being none he closed the public hearing at 7:13 p.m. 1 ►� »:I�VI =1 01 Bill Schopper motioned to approve RP 2007 -02, seconded by Don Bowen. The motion was carried unanimously (5 -0). Steven Cooper and Mark Haynes were absent. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 7 -9 -2007 Agenda No. C.4 Subject: RP 2007 -05 Public Hearing and Consideration of a Request from J &J NRH FLP to Approve a Replat of Lots 43R, Block 1, Forest Glenn West Addition, Lot 3, Block 1, Hilltop Acres Addition, and Tract 2A3, A1266 into Lots 4381, 64, 65, and 66, Block 1, Forest Glenn West Addition (Located in the 7800 Block of Forest Hills Court - 2.323 acres) . Case Sum mary: J &J NRH FLP represented by Owen D. Long & Associates is proposing a replat of 2.32 acres to include four (4) lots. This replat includes previously platted lots within separate subdivisions, and an unplatted tract. This plat will take a portion of the unplatted tract and combine it with previously platted lots, making them larger, and plat the remaining tract into a lot. The lot indicated on the plat exhibit as 43R -1, and lot 65 which was lot 3 in the Hilltop Acres Addition, are the two lots which were existing platted lots. The large area indicated as lot 64 includes the remaining portion of property that was previously unplatted. A public hearing is required on this replat since it is a replat of residential property. This is a requirement of State law. Current Zoning: "R -2" (single- family residential) Thoroughfare Plan: Two lots have frontage on Green Valley Drive, a 2 -lane, undivided, collector street (C2U) with 60 feet Right of Way (ROW}, and two lots on Forest Hills Court with 50 feet ROW. Comprehensive Plan: The Comprehensive Plan depicts low density residential uses for this area. The lot proposed by this plat is 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 Recommendation: 6 -0 vote for approval of the replat request. Staff Recommendation: To uphold the Planning and Zoning Commission and approve replat request RP 2007 -05. Review Schedule: Application: 2126107 Final Hearing: 719107 Total Review Time: 19 weeks LOCATION MAP NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING ef4 CITY OF NORTH RICHILAND HILLS PLANNING AND ZONING COMMISSION CITE' COUNCIL CAUSE #: RP 2007 -05 APPLICANT: John Barfieldl LOCATION: 7800 Block of Forest Hills Court, Forest Glenn West Addition You are receiving this notice because you are a property owner of record in the original subdivision within 2010 feet of the prop" shown on the attached map- Purpose of Public Hearing: A. Publlic Hearing will be held to consider a request from Jahn Barfield to replat Lot 43R, Block 1, Forest Glenn West Addition, Lot 3, Block '1, Hilltop Acres Addition, and a tract described as Abstract 1266, Tract 2A3 into Lots 43R1, 64, Fab, and 66, Block 1, Forest Glenn West Addition. Public Hearilng Schedule, Publluc Hearing bates. PLANNING AND ZONING COMMISSION THURSDAY, JUNE 7, 2007 If recommended for approval by the Planning and Zoning Commission, this case will be heard by the City Council on: CITY COUNCIL MONDAY, JULY 9, 2007 Both Meetings Time: 7:100 P.M. Bath Meetings Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland Hills 7301 INortheast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 4.27 -6303 PROPERTY OWNER NOTIFICATION LIST Mary Arlene Hurst 7909 Green Valley Or Fort Worth, TX 76180 Silveroak Land Company LIP 590D E Lancaster Ave Fort Worth, TX 76112 Joseph A Jr and Victoria Evola 7920 Forest View Ct N, Richland H illls, TX 761810 SU NRH 100 Faimily IRrtslup 700 VV Harwood Rd Ste A Hurst. I X 76,054 Kevin and Jennifer Cox 37019 BilIlie Faye Dr N, Richland Hills, TX 76180 Chintal Etvir Richard Taylor 7812 Forest Hills Ct Fort Worth. TX 76180 Thomas and Stelphanie Pulley 7824 Forest Hills Ct N. Rochlanid Hills, TX 76180 Ramon and Julia Ramirez 7,901 Fairwest Ct Fort Worth. TX 76102 Osleir anid,Maria Karnath Adiiene Jones 7913 Green Valley Dir PO Box B21508 Fort Worth, TX 761810 Fort Worth, ..1.X 76182 Joseph and Sandra Werthimanin John Jir and Cheryl R Leviens 8004 Arlie Ln 7916 Forest View CI N. Richland Hills, TX 76180 IN. Richland Hills, TX 76180 Clifford and Boninic Broyles ILisa Briggs 7924 Forest View Ct 78,05 Forest Hills Ct Fort Worth, TX 76180 N. Richland Hills, TX 76180 Michael and Glenda Clint Billy and Brenda Sharp 7800 Forest Hills Ct 7929 Green Valley Or N. Richland H il Is, TX 76180, N. Richland Hills, TX 76180 David and Dubbi Harlan Frank and Jljll III 7804 Forest Hills Ct 7808 Forest Hills Ct N. Richland Hills, TX 76180 N. Richland Hills, IX 76180 David and Sheryl IDaragherty Elias and Anna Khafil 7816 Forest Hills Ct 7820 Forest Hills Ct N. Hitichland Hills, ..I ..'X 76180 N. Richland Hills, TX 76180 Brian and Tara Greene Quality in Creation Inc 7809 Fairwest Ct 711 Central Dr N Riichland Hills, TX 76180 Colleyvifle, TX 76034 Silveroak III Carnpany LIP 51900 E Lancaster Ave Fort Worth. TX 76112 M� W x LW r J a imp WEN i j ��axrF ud MVIM "W"T +1 y F � � 4 r3 vj ,� rv, x d 1 M 1 I � Iwo x � A x. v 'v �m lux, � dg h ;q�8 w' w 6- P N ��t S "',u ra, �e � aw t 1 4 f J a� NOW " hu $' s Y p1 y pr H.: w r� c � I r I, n m NI a m � n, k s n rm s a w � EXCERPT FROM THE JUNE 7, 2007 PLANNING AND ZONING COMMISSION MINUTES RP 2007 -05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM J & J NRH FLP TO APPROVE A REPLAT OF LOTS 43R, BLOCK 1, FOREST GLENN WEST ADDITION, LOT 3, BLOCK 1, HILLTOP ACRES ADDITION, AND TRACT 2A3, A1266 INTO LOTS 43R1, 64,65, AND 66, BLOCK 1, FOREST GLENN WEST ADDITION (LOCATED IN THE 7800 BLOCK OF FOREST HILLS COURT -2.323 ACRES). Chairman Shiflet opened the public hearing at 7:09 p.m. Chairman Shiflet said that this is the replat for the just considered property and applicant has already stated what their plans are. He asked applicant if there was anything further? Charles Schultz, Owen D. Long & Associates, representing the applicant came forward and said that these lots would be compatible with everything that is in the Forest Glen West Subdivision. They will be building houses around the same size as what already exists. Anna Khalil, 7820 Forest Hills Ct, came forward in support of the application with conditions. First is the plat that will be 1.184 acres that is directly affected by their subdivision. She would like to know if the other two lots that are on Green Valley are already part of their subdivision? Mr. Schultz said no. Mrs. Khalil asked if the request is for these to become part of their subdivision? Mr. Schultz said yes. Mrs. Khalil asked if at any time would there be another street? ►►►r�y1"mFA 0.1 rorr•] Mrs. Khalil would like to know about the large acre lot. Mr. Schultz states that the owner is going to place one house on the lot. This is the original lot and they are taking a triangular piece off of her property and placing it as part of the other lot to make it a more desirable lot. With the original configuration it would have been hard to get a good placing for a house. Mrs. Khalil asked if the only access these other lots would have, even though they will be part of their subdivision, would be off of Green Valley Drive? Mr. Schultz said yes, same as these other two lots. Mrs. Khalil wants to know if this will be zoned R -2 even though the lot is bigger? Mr. Schultz said it is still zoned R -2. Mrs. Khalil would like to know if the applicant knows what the setback lines are there or does the applicant have to follow the same building code as the rest of the neighborhood? Mr. Schultz said that the applicant will be following the same building codes as the neighborhood. He said that it is his understanding that there are 4 nice big Oak trees and the applicant is going to try to place her house in the middle of the trees without having to remove any of them. Mrs. Khalil would like to know what the property owner will be doing with the retaining wa I I ? Mr. Schultz said she will be taking a portion of the retaining wall out and the remaining will stay the same. Mrs. Khalil asked if he is the architectural engineer for the company? Mr. Schultz said he is the engineer. Lisa Briggs, 7805 Forest Hills Court, came forward in support of the application. She is concerned about the noise, dirt and debris. She states they already have a dumping ground near there. She is concerned because the lot next to hers is already not well maintained. Mr. Schopper said this project will improve the situation because they will be placing a house on this property and the owners will maintain it. Mrs. Briggs said she is anxious for something to be done but also is anxious for the property to be maintained in the interim since it will be awhile before this project will be completed. She says they purchased their house when the development was nearly complete because they were trying to avoid the construction noise and dirt. Now with this project they are going to have to deal with this and her pool is already full of dirt everyday. She wants to make sure that everyone is going to clean up after themselves to keep it as clean as possible. Mr. Benton asked if we have building codes that require them to provide a type of dumping ground? Eric Wilhite said that is correct while a home is under construction. For now if there is an issue, staff can contact Neighborhood Services and they can go by and check for any current code violations. That can be addressed for the neighbors. He thinks that the lots will be built on quickly and this should alleviate the problems once they establish landscaping. In the interim, we will send Neighborhood Services over to check and see if there are any problems that are correctable. Mr. Schultz said if Mrs. Briggs will tell him what lot she is on, he will have his men go by there tomorrow to check out any problems. Mrs. Briggs states that she is on lot 42 in Forest Glen West. She would like to know about construction equipment blocking the street or blocking access for their driveways. Chairman Shiflet said that they are not supposed to block the streets or driveways. Eric Wilhite said that if anyone blocks her drive access or leaves vehicles or construction equipment for over a 24 hour period, the Police Department needs to be contacted. They enforce right -of -way issues. The construction trailers and equipment need to be pulled up on the property and if they are left on the street for over a 24 hour period, the vehicles can be ticketed for these offenses. Mrs. Khalil came forward with a few more questions. On the 1.184 acre she would like to know if any animals would be allowed on this property? Chairman Shiflet said not with the zoning they have for this property. Mrs. Khalil said that the house that is behind it has several animals and just wanted to make sure it wouldn't be the same? Chairman Shiflet said that if the zoning was for R -1 -S, then they would. Mrs. Cole asked if she means livestock animals? Mrs. Khalil said yes, she means cows and horses. The only other thing that she would have a concern about is their subdivision is 75 % developed. If the applicant already has specifications and plans, would the Homeowners Association have to approve what she is putting up if she constructs a detached or attached building at any point in time? Chairman Shiflet said that the city is not involved in any Homeowner Association. Mr. Schultz stated that the applicant's plans would have to be submitted to the Homeowner Associations architect for approval. Chairman Shifllet states that this does not involve the city. Eric Wilhite states that this would be enforced by the Homeowners Association. The only enforcement from the city's standpoint is that it must meet the minimum square footage which is 2000 square feet for the zoning of R -2. Chairman Shiflet closed the public hearing at 7:17 p.m. 1 ►� »:I�VI =1 01 Mark Haynes motioned to approve RP 2007 -05, seconded by Steven Cooper. The motion carried unanimously (6 -0). Don Bowen was absent. CITY OF NORTH RICHLAND HILLS Department: Planning and Development Presented by: Eric Wilhite Council Meeting Date: 7 -9 -2007 Agenda No. C.5 Subject: ZC 2006 -19 Public Hearing and Consideration of an Appeal of Denial of the Zoning Change by the Planning and Zoning Commission of a Request from B. H. & L. Joint Venture, represented by Mr. John Barfield, to Approve a Zoning Change from "C- 1" Commercial to "R -2" Single Family Residential (Located in the 8700 Block of North Tarrant Parkway - 5.347 acres) - Ordinance No. 2943 Case Summary: The applicant, B.H. & L. Joint Venture represented by Mr. John Barfield is requesting a rezoning of this 5.347 acre site for the purpose of constructing a single family residential subdivision. Street access to the site will be from North Tarrant Parkway. The site is located directly behind the Ross shopping center (formally Albertson's grocery), and north of the riding club. During the Development Review Committee review process of this case the applicant contacted staff and requested that the case be tabled in DRC pending a potential sale to a commercial user. Existing Site Conditions: The site is currently vacant with a mutual access easement running along the east side that serves the properties to the south and east. Comprehensive Plan: The Comprehensive Land Use Plan defines this area for commercial uses. The proposed use is not consistent with the Plan. Thoroughfare Plan: The site has frontage on North Tarrant Parkway, a P6D with 200 feet of Right of Way. Plat Status: The applicant has submitted a preliminary plat for approval concurrently with the zoning change request. The request for preliminary plat approval is contingent on this zoning change request being approved. Surrounding Zoning 1 Land Use: North: North Tarrant Pkwy. ROW - "R -2" 1 single family East: "C -1" 1 commercial South: "C -1" 1 commercial "AC" agricultural West: "R -2" 1 single family Planning and Zoning Commission Recommendation: 4 -1 vote for denial of the rezoning request. Staff Recommendation: To uphold the Planning and Zoning Commissions recommendation and deny the zoning change request. Staff believes that the tract does not create a connected residential subdivision and the property has both commercial value and development potential. Review Schedule: Application: 10/18/06 Final Hearing: 719107 Total Review Time: 38 weeks The 38 week review schedule was due in part based on a request by the applicant for the case to be tabled at DRC, due to a contract for sale pending for a project permitted in the existing zoning. LOCATION MAP NOTICE OF PUBLIC HEARING NOTICE OF IPUBLIC HEARING Y CITY OF NORTH RICH'LAND WILLS a` 5 CITY COUNCIL Case #: ZC 2006 -19 Applicant: John Barfield Location: 87700 Black of North Tarrant P'kwy. x(5.347 acres) You are receiving this notice because you alre a property owner of record within 200 feet of the plroperty shown on the attached map. Purpose of Public Hearing: A publlic (hearing lis being held to consider a request from John Barfield to rezone 5.347 acres of land from "C -11" Commercial try "R -2 '' Single Farnilfy Residential located in the 6700 Block of North Tarrant Parkway- Public Hearinca Schedule: Public Hearing Dates: CITY (COUNCIL MONDAY, JULY 9„ 2007 Meeting Time: 7 :0101P.M. Meeting (Location: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND (HILLS, TEXAS It you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department City of North Richland (Hills 7301 Northeast Loop 820 North Richland Hiilis, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 PROPERTY OWNER NOTIFICATION LIST Richland Hills Riding Club Richland Retail LP Joy andl Douglas Kiuso 8500 North Tarrant Pkwy 5148 Village Greek Dr 8613 Foxwoold Dr Fort Worth, TX 76182 Plano, TX 7'5093, Fort Worth, TX 76180 Charles and Debra Barnett 81628 Arnhuirst Court Fort Worth. TX 76180 Michael and Lynne Hipp 86 12 Amhiu rst Ct North Richland Hills, TX 76180 Albertsons, Inc PO Box 20 Boise, ID 83726 Vie( Minh and Kirnloan Do 8368 Valley Oaks Dr North Richland Hills, TX 76180 Thalia Forte 83610 Vallley Oaks Dir North Richland Hills, TX 76180 Charles and Wanda Lee Main 8617 Gleinbrook Dr North Richland Hills, TX 76180 Steven and Melody Garrison 8344 Valley Oaks Dr North Richland Hills, TX 76180 G H and Carolyn Cain 8620 Amhuirs( Court Fort Worth, TX 716180 Pamela Gailliard 1017 Soaring Way Marietta, GA 30062 TSC-228 LTD PRTNSHP 301 S Sherman St, Ste 100 Richardson, TX 75081 Jaw Homes Inc. 8208 Thornhill Dr North Richland Hills,, TX 76180 James and Zona Peterson 8620 Gleinmont Dr North Richland Hills, TX 761810 Keith and Candace Gerhardt 8352 Valley Oaks IDir North Richland Hills, TX 76180 Harrison and Heather Ford 8340 Valley Oaks IDr North Richland Hills, TX 76180 Curtis and Margaret McJunkin 86116 Amhiurst Court North Richland Hills, TX 76180 Daniel and Elizabeth Roy 8624 Annhurst Ct Fort Worth, TX 76180 B H & L Joint Vointuire 7100 W Harwood Rd, Ste A Hurst, TX 76054 Walter Zaleski 8364 Vaflicy Oaks Dr North Richland Hills, TX 716180 Jessaca and Robert Sibir 8356 Valley Oaks Dr North Richland Hills, TX 76180 Brian and Carol Bevis 8348 Valley Oaks Dr North Richland Hills, TX 761810 Clara Aline Shiveirs. 8333 Davis Blvd North Richland Hills, TX 76180 Kenneth and Lidia Braden John Andrew Wallace John and Joan Lovell) 8336 Valley Oaks Dr 8208 Thonnhill Dr 83'28' 'alley Oaks Dr North (Richland Hills, TX 76180 North Richland Hills, TX 76180 North Richland Hills, TX 76180 LETTER OF APPEAL B —H & L JOf VB rLMIE 7118 HA NVOOO M STE A HLWW, -FX 76054 W -W4KW PF1OM 817 M-71W FAX July 3, 2007 Mayor Oscar Trevino City Council of North Richland Hills would fake to request that the couna7 modify the plOnning S zoning decision of the Thursday, .tune 213t meeting. At that meeting, they denied "& L's request for rezoning CT2006 -1 9 from oommercial to single family. Mr. Jim Makh_ has deer: pushing this Iand for the last several years and has had one show of interest the entire time. He has been trying to worts with ttte Ming club with no success. He will be glad t�r appear at your meeting and present his opinion on the matter. r B-H L Joint Venture 1 Jahn W. Barkkl, Trust EXCERPT FROM THE JUNE 21, 2007 PLANNING AND ZONING COMMISSION MINUTES ZC- 2006 -19 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM B.H.& L JOINT VENTURE, REPRESENTED BY MR. JOHN BAREILD, TO APPROVE A ZONING CHANGE FROM "C -1" COMMERCIAL TO "R -2" SINGLE FAMILY RESIDENTIAL (LOCATED IN THE 8700 BLOCK OF NORTH TARRANT PARKWAY — 5.347 ACRES) Chairman Shiflet opened the public hearing at 8:32 p.m. Mark Long, 1615 Precinct Line Road, Hurst, TX , the engineer representing the developer, came forward. He spoke of the preliminary plat submitted for the proposed rezoning request. Curtis McJunkin, 8616 Ambers Ct, North Richland Hills, TX came forward voicing his concerns about the egress off of North Tarrant Parkway. He complained about the staggered entrances and if more residential was put in there, it would be even more of a concern. Chairman Shiflet answered stating there would be a median put in to create more turn lanes and accommodate more traffic. Chairman Shiflet stated he did not think residential would be a good fit because the request is not consistent with the comprehensive land plan. Bill Schopper asked what else is planned across the street from the proposed site? Eric Wilhite stated it was commercial retail use and he is not aware of any specific users at this time. North Tarrant will soon undergo construction for widening, therefore increasing traffic counts. He stated that staff does not recommend approval unless vacant tracts to the south develop at the same time. Brenda Cole stated she is relying on the expertise from the Economic Development Department when they say it is too quick to change the zoning because there is much potential for commercial use. Lee Bevis, 8348 Valley Oaks, North Richland Hills, TX came forward asking about the decision to change zoning. He had concerns about privacy and requested houses with no windows on the back of the second floor. Eric Wilhite stated this is for a straight zoning change so we couldn't address the subject of restricting second story windows, nor would the building code permit that because there would have to be egress since bedrooms would most likely be upstairs. Wood fencing would also have to be placed to comply with building code. Chairman Shiflet asked if there was anyone else to speak for or against? There being none, he closed the public hearing at 8:49 p.m. W=Ikq 11=1W Don Bowen moved to deny ZC 2006 -19, Brenda Cole seconded, motion to deny carried 4 -1; Mike Benton voting to approve. Steven Cooper and Mark Haynes were absent. EXHIBIT A BEING LOT 40, BLOCK 15. FOREST GLENN EAST ADDITION. PHASE I, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS. TARRANT COUNTY, TEXAS„ ACCORDING 'TO THE PLAT RECORDED IN CABINET A,. SLIDE 7160, PLAT RECORDS, TARRANT COUNTY„ TEXAS, AND (BEING DESCRIBED AS FOLLOWS- BEGINNING AT A 1/2'" IRON PIN FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, POINT BEING IN THE SOUTH R.O.W. (LINE OF NORTH TARRANT PARK'W'AY, POINT ALSO BEING THE NORTHEAST CORNER OF LOT 39, BLOCK 15, (FOREST GLENN EAST ADDITION„ I ALL ill, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS ACCORIDING TO THE PLAT RECORDED IIN CABINET A, 'SLIDE 7160, PLAT RECORDS. TARRANT COUNTY„ TEXAS; THENCE SOUTH 89 DECREES 38 MINUTES 55 'SECONDS EAST' 893.33 FEET ALONG SAID SOUTH R.O,W. LINE OF NORTH TARRANT PARKWAY TO A 1/2" IRON (PIN FOUND FOR THE NORTHWEST CORNER OF LOT 1R1, BLOCK 4, BRENTWOOD ESTATE'S, AN ADDITION TO THE CITY OF NORTH RICHLAND HALLS, TARRANT C LINTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 5331, PLAT RECORDS, TARRANT COUNTY„ TEXAS,; THENCE SOUTH OO DEGREES 10 MINUTE'S 16 SECONDS WEST 562.57 FEET ALONC THE WEST LINE OF LOTS 1R1 AND 2R1, SAID BLOCK 4, BRENTWOOD ESTATES TO A 1/2" IRON PIN FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5864, PAGE 2961 DEED RECORDS. TARRANT COUNTY, TEXAS, AND THE NORTHWEST CORNER OF A TRACT OF LANID AS DESCRIBED IN DEED RECORDED IIN VOLUME 4403. PACE 61, IDEED RECORD'S„ TARRANT COUNTY'. TEXAS, SAID POINT ALSO BERNC THE SOUTHWEST CORNER OF SAID (LOT 2R1, BLOCK 4„ BRENTWOOD ESTATES; THENCE NORTH 89 DEGREES 50 MINUTES 32 SECONDS 'WEST 414.26 FEET ALONG THE NORTH LIME OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5864, PAGE 295, TO A 1/2" IRON PIN FOUND FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND, AS DESCRIBED IN DEED RECORDED IIN VOLUME 5864, PAGE 296, POINT ALSO BEING IIN THE EAST LINE OF SAID BLOCK 15, FOREST GLENN FAST ADDITION, PHASE t; THENCE NORTH 00 DEGREES 119 MINUTES 54 SECONDS EAST 563.97 FEET ,ALONG SAID EAST LINE OF BLOCK 15, FOREST GLENIW EAST ADDITION, PHASE I„ TO THE POINT OF BEGINNING AND CONTAINING 5.347 ACRES OF LAND,. MORE OF LESS LW Mr W 2 x w T L " X" "a q r 5 MOWN n.Yi. $1'; �' e�✓ } ? u, ::i F-. g,. Qv IJN� �A 11 a �Qsy {_ w -to w F 31lyyA z 4 dlP ISS yy! G t 1 J'^d its , II j 7 a 4 i El h purr y n4 ^rr Q W _ . d 1 f2fdF S 9i &'N (.7 "I7W °t4 f I�1 ORDINANCE NUMBER 2943 ZONING CASE ZC 2006 -19 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 5.347 ACRE TRACT OF PROPERTY FROM C -1 (COMMERCIAL) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 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 5.347 acre tract of land located in the City of North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A and the site plan as Exhibit B from C- 1(Commercial) to R -2 (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. PASSED AND APPROVED on this 9th day of July, 2007. CITY OF NORTH RICHLAND HILLS Fill i11 =iii Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: 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: 7 -9 -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: 7 -9 -2007 Agenda No. E.0 Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7 -9 -2007 Agenda No. F.0 CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 7 -9 -2007 Agenda No. F.1 Subject: CN 2007 -055 Suspension of 2006 Interim Rate Adjustment Proposed by Atmos Energy Corporation, Mid -Tex Division - Resolution No. 2007 -047 Recently Atmos Energy Corporation, Mid -Tex Division served the City of North Richland Hills with a filing notifying the City of its intent to increase its distribution rates to all customers effective July 30, 2007. As you may recall, this type of increase is referred to as a GRIP filing which references the Annual Gas Reliability Infrastructure Program Rate Adjustment legislation that was passed in 2003 and is now codified in Texas Utilities Code Section 104.301. A GRIP filing allows interim utility rate adjustments to recover additional invested capital without filing a full rate case. These rates remain in place until a full rate study is conducted. This GRIP filing is for calendar year 2006 and would add a monthly surcharge of $0.59 on all residential customers, $1.47 for commercial customers and $28.74 for industrial customers. This is the fourth GRIP filing by Atmos in the last 2 1/2 years. The Railroad Commission will make a final ruling on whether the City gets reimbursed or not. The City has three option regarding this request. We can accept Atmos' proposed rate increase, deny it, or suspend. Suspension will provide 45 days beyond July 30 to review the proposed increase, analyze all necessary information, and take appropriate action related to the proposed increase. Staff believes this request should be suspended. In addition to suspension, Staff requests to participate with other cities in the Atmos Cities Steering Committee to hire and direct legal counsel and consultants to negotiate with Atmos, to make recommendations to the City regarding the proposed GRIP Rate Increase, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increase. The City's estimated share of this cost is $3,000 - $7,000, depending on what type of action is necessary on the part of the attorneys. Even though we will need to pay the cost upfront, we anticipate it will be reimbursed. Approval of the attached resolution would suspend implementation of the proposed GRIP rate increase within the City, authorize participation with the Atmos Cities Steering Committee in a review and inquiry into the proposed GRIP rate increase, authorize intervention in any Railroad Commission or court proceedings related to the proposed GRIP rate increases, require Atmos Energy Corporation to reimburse the City reasonable costs associated with the City's review of the GRIP rate increase filings or participation in any subsequent proceeding and require delivery of this resolution to Atmos and legal Counsel. Recommendation: Approved Resolution No. 2007 -047 760 It-A 211 RESOLUTION NO. 2007 -047 A RESOLUTION BY THE CITY OF NORTH RICHLAND HILLS, TEXAS SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID -TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE ( "ACSC ") IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS OF THE PROPOSED RATE ADJUSTEMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, the City of North Richland Hills, Texas ( "City ") is a gas utility customer of Atmos Energy Corp., Mid -Tex Division ( "Atmos Mid -Tex" or "the Company "), and a regulatory authority with an interest in the rates and charges of Atmos Mid -Tex; and WHEREAS, Atmos Mid -Tex made filings with the City and the Railroad Commission of Texas ( "Railroad Commission ") on or about May 31, 2007, proposing to implement interim rate adjustments ( "GRIP rate increases "), pursuant to Texas Utilities Code §104.301, on all customers served by Atmos Mid - Tex, effective July 30, 2007; and WHEREAS, Atmos Mid -Tex was recently granted a rate increase as a result of its filing in GUD No. 9670 in which the Final Order was only signed on March 29, 2007; and WHEREAS, in GUD No. 9670, it was determined that Atmos Mid -Tex had inappropriately included certain expenditures in its prior GRIP rate increases for rate years 2003, 2004, and 2005; and WHEREAS, it is incumbent upon the City, as a regulatory authority, to examine this latest GRIP filing to determine its compliance with the Texas Utilities Code; and WHEREAS, ratepayers of Atmos Mid -Tex, including the City and its residents, will be adversely impacted by the proposed GRIP rate increases; and WHEREAS, it is advantageous for the City and its citizens to coordinate the City's response to Atmos' filing with similarly situated municipalities; and WHEREAS, the City has benefited from prior participation with the Atmos Cities Steering Committee ( "ACSC "); and WHEREAS, it is efficient and cost beneficial for the City to again coordinate review of the reasonableness of the proposed GRIP rate increases and joint participation in any proceedings at the Railroad Commission related to the proposed GRIP rate increases; and WHEREAS, the Executive Committee of ACSC has recommended suspension and established a budget for evaluation of the Atmos filing; and WHEREAS, a GRIP proceeding involves rate making, entitling cities to reimbursement of reasonable rate case expenses; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. THAT the July 30, 2007 effective date of the GRIP rate increases proposed by Atmos Mid -Tex is hereby suspended for the maximum period allowed by law to permit adequate time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. SECTION 2. THAT the City is authorized to cooperate with ACSC to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP rate increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP rate increases. SECTION 3. THAT the City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP rate increases. SECTION 4. THAT Atmos Mid -Tex shall promptly reimburse the City's reasonable costs associated with the City's ratemaking activities related to the proposed GRIP rate increases. SECTION 5. THAT a copy of this Resolution shall be sent to Atmos Mid -Tex, care of Charles R. Yarbrough, II, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink, 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this the 9th day of July, 2007. CITY OF NORTH RICHLAND HILLS ATTEST: Patricia Hutson, City Secretary Oscar Trevino, Mayor George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Managing Director CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7 -9 -2007 Agenda No. F.2 Subject: CN 2007 -056 Appointments to Boards and Commissions The terms of office for the individuals serving on the Boards and Commissions in Places 1, 3, 5, and 7 expired June 30. In addition, Councilman Whitson's nomination to move Kelly Cent from the Ex Officio /Alternate positions on the Planning and Zoning Commission and Capital Improvement Advisory Commission to Place 5 creates a vacancy. For the boards listed below, Chapter 2, Article I 11, Section 2 -121 c of the Code of Ordinances states that the City Council will act upon Council member nominations. The following nominations have been submitted for Council consideration at this time: Keep North Richland Hills Beautiful Commission Place 1 Teresa Hebert Place 5 Dianna Madar Place 7 Holly Bullington Board of Adjustment Place 1 Place 3 Place 5 Place 7 Library Board Place 1 Place 3 Place 5 Place 7 Leslie Jauregui Jim Kemp Tommy Duer Jerry Henry Don Tipps Mary Shilcutt Avis Crisp Jane Birkes Park and Recreation Board Place 1 Ricky McElroy Place 3 Brad Greene Place 5 Marty Kusmierski Place 7 Mike Filis Page 2 of 2 Planning & Zoning Commission and Capital Improvement Advisory Committee Place 1 Mark Haynes Place 3 Don Bowen Place 5 Kelly Cent Place 7 Steven Cooper Ex Officio Dianna Madar Substandard Building Board Place 1 Carry Cope Place 5 John Larriviere Place 7 Bob McCary Teen Court Advisory Board Place 1 Michael Birkes Place 3 Ronald Moore Place 5 Danny Perkins The terms of office for Places 1, 3, 5 and 7 will expire June 30, 2009. The individual appointed to the Ex Officio/ Alternate positions on the Planning and Zoning Commission and Capital Improvement Advisory Committee will fill the unexpired term. Recommendation: To take action on the above listed appointments CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7 -9 -2007 Agenda No. F.3 Subject: CN 2007 -057 Appointments to Civil Service Commission - Places 1, 2 and 3 The terms of office for the individuals serving in Places 1, 2 and 3 on the Civil Service Commission expired June 30, 2007. The Charter stipulates that these appointments are mayoral appointments with confirmation by two- thirds vote of the Council. Mayor Trevino is recommending the following individuals for Council confirmation: Place 1 Sally Bustamante term expires 6/30/2008 Place 2 September Daniel term expires 6/30/2008 Place 3 gill Fenimore term expires 6/30/2009 Recommendation: To take action on the Mayor's appointments. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 7 -9 -2007 Agenda No. F.4 Subject: CN 2007 -058 Appointments to Park and Recreation Facilities Development Corporation - Places 2, 4 & 6 The terms of office for the Board Members serving in Places 2, 4 and 6 on the Park and Recreation Facilities Development Corporation expired on May 1, 2007. The Corporation's Articles of Incorporation and Bylaws state that appointments to the Board of Directors are to be made by the City Council and that Places 1 -4 are designated for Council Member Directors and Places 5 -7 are designated for Citizen Member Directors. Because of the purpose of this Board, practice has been to select current members of the Park and Recreation Board to serve on this Board. The places with expired terms are: Place 2 - Council Member Director (Councilman Lewis - incumbent) Place 4 - Council Member Director (Councilman Barth - incumbent) Place 6 Citizen Member Director (Park Board Member Tom Lombard — Incumbent) Other board members whose terms have not expired are: Councilman Whitson, Place 1; Mayor Trevino, Place 3; Tracye Tipps, Place 5; and Brad Greene, Place 7. Recommendation: To appoint 1) Council Member Directors to Places 2 and 4, terms expiring May 1, 2009 2) A Citizen Member Director who is also serving on the Park and Recreation Board to Place 6, term expiring May 1, 2009. ��7iVAII501A NORTH RICHLAND HILLS Department: City Manager's Office Council Meeting Date: 7 -9 -2007 Presented by: Bo Bass Agenda No. F.5 Subject: INFORMATION AND REPORTS - IR 2007 -083 Citizen Presentation Follow -up INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2007 -083 r, f Date: July 9, 2007 Subject: Citizen Presentation Followup At the June 25, 2007 Regular Meeting of the City Council Ms. Laverne O'Steen addressed the Council with her concerns associated with Emerald Lakes. She displayed to Council and the audience a photograph of a masonry column with missing bricks near its base. The impression given to the observer was that Ms. Osteen was implying that the column was currently damaged and that no repair work had been attempted by the Emerald Lakes Home Owners Association. City staff was aware that the Emerald Lakes Home Owners Association had previously completed repairs to this specific column as well as many other elements of the lake and wall system. Photographs taken by City staff within the past two weeks accompany this report and clearly show that repairs have been completed on this column in a craftsman like fashion. In addition, Ms. Osteen made reference to a City Ordinance which establishes a fifteen (15) degree tilt as the maximum allowed before repairs are mandated. Engineering staff has measured the tilt of the wall referred to by Ms. Osteen and has determined that it does not exceed seven (7) degrees. Respectfully Submitted, Ogden "Bo" Bass, AICP Assistant City Manager ISSUED BY THE CITY MANAGER NORTH RICHLAND HILLS, TEXAS 1 0 i "1 :1 iLOlrovrii Column Photo #2 CITY OF NORTH RICHLAND HILLS Department: City Secretary Council Meeting Date: 7 -9 -2007 Presented by: Councilman David Whitson Agenda No. F.6 Subject: INFORMATION AND REPORTS - Councilman Whitson Announcements Dive -in Movies continue on Friday nights at NRH20. Join us on July 13th for "Open Season" and July 20th for "Charlotte's Web." Dive -in Movies are free with paid admission to the park. For more details, please call 817- 427 -6500. Help Keep NRH Beautiful! Join friends and neighbors for a LitterNot Cleanup event from 9 a.m. to noon on Saturday, July 21st. Volunteers should meet at Neighborhood Services, 7200 -C Dick Fisher Drive South. For more information, please call 817 -427- 6651. Join us for the annual Rec Expo and Open House from 9:30 a.m. - 1:30 p.m. on Saturday, July 28th, at the NRH Recreation Center. There will be games, activities, free chair massages and more. For more information, please call 817- 427 -6600. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Municipal Court Staff A call was received from a customer expressing gratitude for the assistance he received in paying his citation. He said everyone was very professional and courteous. In his travels over the country, he has never had as pleasant of an experience as he encountered in North Richland Hills. He praised the clerks for their attitudes, kindness and willingness to make the experience less painful. Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 7 -9 -2007 Agenda No. F.7