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Home My WebLink AboutCC 2014-12-08 Agendas k4FItH NOKTH KICHL.F,ND HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 7301 NORTHEAST LOOP 820 NORTH RICHLAND HILLS, TX 76180 MONDAY, DECEMBER 8, 2014 WORK SESSION: 5:15 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss Items from Regular City Council Meeting 2. Discuss Neighborhood Revitalization Program. 3. CAD/RMS Shared Services Project Update 4. Discuss Trinity Regional Water District proposed schedule for Stage 2 watering. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. 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. 1. Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real Property--(1) South Sector of the City; and (2) Iron Horse Boulevard 2. Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - City Manager. 3. Section 551.087: Deliberation Regarding Economic Development Negotiations in the south sector of the City. REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER Monday December 8, 2014 City Council Agenda Page 1 of 4 A.1 INVOCATION - COUNCIL MEMBER RODRIGUEZ A.2 PLEDGE - COUNCIL MEMBER RODRIGUEZ A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 Representative Stephanie Klick recognizing City of North Richland Hills - TML Excellence Award. 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. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. 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 Approve Minutes of the November 10, 2014 City Council Meeting. B.2 Approve payment to Motorola Solutions, Inc. for public safety radios and accessories in an amount not to exceed $95,000. B.3 Approve purchase from Caldwell Country Chevrolet for seven Chevrolet Tahoes in the amount of $265,615. B.4 Approve purchase from Romco Equipment for an asphalt paver in the amount of $185,843. B.5 Award bank depository service contract (RFP 14-025) to JP Morgan Chase, Inc. B.6 Approve Resolution No. 2014-031, Authorizing And Endorsing The Application For The 2015 "Our Town" grant program by the National Endowment for the Arts for various creative placemaking projects associated with the new City Hall. C. PUBLIC HEARINGS C.1 TR 2014-05, Ordinance No. 3343 Public Hearing and consideration of amendments to Sections 118-1, 118-718, and 118-719 of the North Richland Hills Code of Ordinances (Zoning Ordinance) regarding regulations for solar energy systems and other accessory structures. C.2 ZC 2013-18, Ordinance No. 3346 Public Hearing and consideration of a request from Donald Cheeks for a Zoning Change from "R-2" Single Family to "R-1-S" Special Single Family on 1.943 acres located at 8213 Forrest Lane. (Withdrawn by Applicant) Monday December 8, 2014 City Council Agenda Page 2 of 4 I • C.3 SUP 2014-12, Ordinance No. 3347 Public Hearing and consideration of a request from Donald Cheeks for a Special Use Permit for an Accessory Structure greater than 500 square feet on 1.943 acres located at 8213 Forrest Lane. C.4 SDP 2014-02, Ordinance No. 3348 Public Hearing and consideration of a request from Chesapeake Operating, LLC for a Special Development Plan for the BJG Gas Well Pad Site on 1.91 acres at 6412 Davis Boulevard. C.5 ZC 2014-16, Ordinance No. 3345, Public Hearing and consideration of a request from Greg & Tina Clifton for a Zoning Change from "AG" Agricultural to "R-2" Single Family on 2.79 acres located at 7221 Eden Road. D. PLANNING AND DEVELOPMENT D.1 FP 2014-13 Consideration of a request from Greg & Tina Clifton for a Final Plat for Lot 2, Block 1, Bannister Estates on 2.733 acres located at 7221 Eden Road. D.2 FP 2014-11 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3A on 1.655 acres located in the 6900 block of Chisholm Trail. D.3 FP 2014-12 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3B on 7.733 acres located in the 6800 blocks of King Ranch Road and Four Sixes Ranch Road. E. PUBLIC WORKS E.1 Consider Resolution No. 2014-030, recommending award of bid for the 39th Year Community Development Block Grant (CDBG) project to McClendon Construction for paving of Jennings and Dude Court. F. GENERAL ITEMS F.1 Consider Ordinance No. 3344, awarding the solid waste and recycling collection contract to Republic Waste Services. G. EXECUTIVE SESSION ITEMS H. INFORMATION AND REPORTS - COUNCIL MEMBER BARTH { H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on December 5, 2014 at 3:00 PM. n►" ntui , N TrtlCly 144 CUL ' •.;0" ■..+A o: r i IP City Secreta �, h Su, Monday December 8, 2014 City Council Agenda ow- Page 3 of 4 r P This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. � t REMOVED PROM POSTING D DATE BY: Monday December 8, 2014 City Council Agenda Page 4 of 4 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Discuss Items from Regular City Council Meeting Presenter: Mark Hindman, City Manager Summary: The purpose of this item is to allow City Council the opportunity to discuss any item on the regular agenda. General Description: The purpose of this standing item is to allow City Council the opportunity to inquire about items that are posted for discussion and deliberation on the regular City Council agenda. City Council is encouraged to ask staff questions to clarify and/or provide additional information on items posted on the regular or consent agenda. City Council may also elect to move items from the regular agenda to the consent agenda upon receiving clarification from staff on posted regular agenda items. Packet Pg.6 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Discuss Neighborhood Revitalization Program. Presenter: Craig Hulse, Director of Economic Development Summary: Economic Development Director Craig Hulse will make a presentation to Council regarding the Neighborhood Revitalization Program. General Description: The availability of quality housing stock is imperative to maintain the City's superior quality of life that current residents enjoy while enhancing support of the local business base. In an effort to accomplish this, City Council authorized funding in fiscal year 2015 to support a new branch to the City's Neighborhood Initiative Program tree called the Neighborhood Revitalization Program. Staff will be updating City Council on the new program that aims to revitalize targeted residential subdivisions by stimulating the: • Renovation of single family homes • Purchase of single family homes by owner occupants • Support of local businesses Packet Pg.6 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: CAD/RMS Shared Services Project Update Presenter: Mike Hamlin, Assistant Police Chief Summary: The purpose of this item is to provide City Council with updated information in a PowerPoint presentation on the replacement project related to the Public Safety Departments' Computer Aided Dispatch and Records Management System (CAD/RMS) that is shared among the partner cities. General Description: In 2013, the City of North Richland Hills, along with the partner cities of the Shared Service Public Safety effort, began moving forward with the research, identification, and ultimate replacement of the Computer Aided Dispatch (CAD) / Record Management System (RMS) CRIMES software. In December of 2013 and March of 2014, a series of comprehensive meetings commenced with Fire, Information Services, and Police representatives of the partner cities to develop the specifications for a replacement CAD/RMS solution that will meet the needs of each agency well into the next decade. In April 2014, a request for a proposal document was made available to potential vendors. The vendor pricing quotes and contractual negotiations have been evaluated by the partner cities' user group steering committee and a City proposal review committee. Vendors who submitted the most favorable proposals were invited to conduct software demonstrations in September. The steering committee has identified two vendors which ranked above the rest of the group. The steering committee is requesting approval to negotiate with the highest ranked vendor and then move on to the second ranked vendor if a deal is not able to be reached with the first vendor. Due to the nature of the negotiations neither of the two highest ranking vendors is being named at this time. While, contract negotiations have not been completed, both vendors have informed the City that prices will rise significantly after January 1, 2015, based on deep discounts currently being offered in 2014. Since negotiations are not complete and since there is not another City Council meeting in December both vendors have indicated that if they have a letter of intent prior to the end of the year they will honor the 2014 discounted pricing. Therefore; staff is recommending the City Manager issue a letter of intent with the chosen vendor, a proven leader of robust RMS, CAD, and Mobile Data software. For nearly 30 years, the Packet Pg.7 D r4 NO&TH KICHLAND HILLS chosen vendor has provided innovative and reliable law enforcement software systems to police departments nationwide. It is anticipated that a recommendation to Council for approval of the contract agreement will occur during the first quarter of 2015. At that point in time the City Council will have full information on the proposed vendor and the proposed price for these services. The City Council will have full authority to approve or deny the request. Packet Pg.8 D r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Discuss Trinity Regional Water District proposed schedule for Stage 2 watering. Presenter: Mark Hindman, City Manager Summary: The Fort Worth Wholesale Water & Wastewater Advisory Committee will meet on December 10, 2014. At this meeting the committee will discuss options for Stage 2 watering schedule. As a wholesale customer, the City, has been asked to provide input at the December 10 meeting. General Description: The Fort Worth Wholesale Water & Wastewater Committee will meet on December 10, 2014. At this meeting, the committee will receive input from wholesale customers regarding the watering schedule for Stage 2. According to the Tarrant Regional Water District's Drought Contingency Plan, once water storage levels fall below 60% of capacity all District customers must initiate Stage 2 watering restrictions. Stage 2 watering restrictions allow for watering one day per week only. Currently, Tarrant Regional Water District storage levels are at 61.7%. Depending on the amount of rainfall received the water level could dip below 60% in the next month. As a member of the committee, Council Member Welch received notification that Stage 2 watering restrictions were included on the agenda for the December 10 meeting and requested an item be placed on the Council Work Session agenda to allow Council the opportunity to discuss the proposed watering schedule. Proposed Stage 2 Drought Watering Schedule 1x/Week All Customers Water Customer Watering Day No watering Monday Commercial Tuesday Schools Wednesday Government Thursday No Watering Friday Even Address Residential Saturday Odd Address Residential Sunday Automatic and hose-end sprinklers may not be used between 10:00 a.m. and 6:00 p.m. Hand-watering, drip irrigation and soaker hoses may be used any day and any time. Packet Pg.9 D r4 NORTH KICHLAND HILLS Packet Pg. 10 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Section 551.072: Deliberate the Purchase, Exchange, Lease or Value of Real Property--(1) South Sector of the City; and (2) Iron Horse Boulevard Presenter: Craig Hulse, Director of Economic Development Packet Pg. II D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - City Manager. Presenter: Mark Hindman, City Manager Packet Pg. 12 D CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Section 551.087: Deliberation Regarding Economic Development Negotiations in the south sector of the City. Presenter: Craig Hulse, Director of Economic Development Packet Pg. 13 A.3.1 r4R NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Representative Stephanie Klick recognizing City of North Richland Hills - TML Excellence Award. Presenter: Mark Hindman, City Manager Summary: State Representative Stephanie Klick will be in attendance to present a Texas House Resolution commending the City of North Richland Hills for being a recipient of the Texas Municipal League Excellence Award. General Description: The City of North Richland Hills received the 2014 Municipal Excellence Award in the Management Innovations category over 25,000 population at the Annual Texas Municipal League conference. The award recognizes the city's Skills for Success employee training program. Skills for Success is an annual, mandatory employee in-service training day that the city began in 2013. The training offers a variety of classes to improve the skills of the city's workforce, while at the same time improving employee morale and teamwork. The curriculum focuses on developing important work-related skills for employees and supervisory staff which includes, but is not limited to customer service, communication, ethics and leadership. Recommendation: N/A Packet Pg. 14 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Approve Minutes of the November 10, 2014 City Council Meeting. Presenter: Alicia Richardson, City Secretary Summary: The minutes are listed on the consent agenda and approved by majority vote of Council at the City Council meetings. General Description: The City Secretary's Office prepares action minutes for each City Council meeting. The minutes for the previous meeting are placed on the consent agenda for review and approval by the City Council, which contributes to a time efficient meeting. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. Recommendation: To Approve the November 10, 2014 City Council Meeting Minutes. Packet Pg. 15 B.1.a 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 NOVEMBER 10, 2014 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 10th day of November 2014 at 5:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor S Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 ° Tom Lombard Council, Place 3 a Tim Barth Council, Place 4 David Whitson Council, Place 5 0 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager c Mike Curtis Managing Director Vickie Loftice Managing Director Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary N George Staples City Attorney o Mary Peters Public Information Officer John Pitstick Director of Planning & Development Craig Hulse Director of Economic Development Stan Tinney Fire Chief Z Rick Scott Interim Director of Neighborhood Services Monica Solko Assistant City Secretary Kristin James Assistant to City Manager Kirk Marcum Assistant Fire Chief Mike Hamlin Assistant Police Chief a Mike Young Assistant Police Chief Dave Pendley Chief Building Chief Caroline Waggoner City Engineer Clayton Comstock Senior Planner November 10, 2014 City Council Minutes Page 1 of 15 Packet Pg. 16 B.1.a Call to Order Mayor Trevino called the meeting to order at 5:30 p.m. 1. Discuss items from regular City Council meeting. There were no questions from Council. 2. Discuss revisions to accessory buildings regulations--Section 118-718, City of North Richland Hills Code of Ordinances. Senior Planner Clayton Comstock reviewed with Council three proposed options to 0 revise the accessory structure regulations. (1) no change—zoning district shall be S allowed one permanent accessory building up to 500 square feet. Applicants in AG 2 0 (agricultural) and R-1-S (residential) zoning district may request a Special Use Permit o' for an accessory building greater than 500 square feet; (2) allow all zoning districts one Q permanent accessory building no greater than 500 square feet and require a Special a Use Permit for all zoning districts for an accessory building greater than 500 square feet or; (3) allow all zoning districts one permanent accessory building no greater than 500 ° square feet and provide ability to increase accessory building size by 2.5% for lots between 20,000 and 40,000 square feet with a maximum of 1,000 square feet for such accessory building. Lots with less than 40,000 square feet, in any zoning district, may E request a Special Use Permit to exceed 1,000 square feet for an accessory building. – Council directed staff to move forward with option 3. C U EXECUTIVE SESSION Mayor Trevino announced at 5:48 p.m. that the Council would adjourn into Executive N Session as authorized by Chapter 551, Texas Government Code, specifically Section ° 551.071 to confer with attorney to seek advice about pending or contemplated 0 litigation—Smithfield Road project eminent domain; 551.072 to deliberate the purchase, >_ exchange, lease or value of real property in the south sector of the city and Iron Horse c Boulevard; Section 551.074 to deliberate the employment, evaluation, and duties of Z public employees – City Manager; and Section 551.087 deliberation regarding economic development negotiations in the south sector of the city. Executive Session E began at 5:49 p.m. and concluded at 7:00 p.m. Q Mayor Trevino announced at 7:00 p.m. that Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A. CALL TO ORDER November 10, 2014 City Council Minutes Page 2 of 15 Packet Pg. 17 B.1.a Mayor Trevino called the meeting to order November 10, 2014 at 7:06 p.m. ROLL CALL Present: Oscar Trevino Mayor Rita Wright Oujesky Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 David Whitson Council, Place 5 Scott Turnage Council, Place 6 Tim Welch Council, Place 7 13 S Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager 0 Paulette Hartman Assistant City Manager a Mike Curtis Managing Director Vickie Loftice Managing Director o Jimmy Perdue Director of Public Safety Alicia Richardson City Secretary George Staples City Attorney Monica Solko Assistant City Secretary A.1 INVOCATION 3 0 U Council member Lombard gave the invocation. U A.2 PLEDGE N 0 Council member Lombard led the pledge of allegiance to the United States and Texas flags. >_ A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) Z A.3.1 2014 CERTIFICATE OF ACHIEVEMENT FOR PLANNING EXCELLENCE BY THE TEXAS CHAPTER OF THE AMERICAN PLANNING ASSOCIATION AND RECOGNITION OF DON BOWEN AS THE 2014 TEXAS PLANNING COMMISSIONER OF THE YEAR. a Texas Chapter President of the American Planning Association Wendy Shabay recognized and presented the 2014 Certificate of Achievement for Planning Excellence to the Planning and Development department. Director of Planning and Development John Pitstick accepted the award on behalf of the city. Ms. Shabay also recognized and presented Planning and Zoning Commissioner Don Bowen with the 2014 Texas State Planning Commissioner of the Year Award. November 10, 2014 City Council Minutes Page 3 of 15 Packet Pg. 18 B.1.a Mayor Oscar Trevino recognized and presented Planning and Zoning Commissioner Don Bowen with a proclamation. A.3.2 2014 INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE AWARDS - OUTSTANDING ACHIEVEMENT IN LAW ENFORCEMENT VOLUNTEER PROGRAMS AND EXCELLENCE IN VICTIM SERVICES. Director of Public Safety Jimmy Perdue presented the Excellence in Victim Services Award to Christi Garcia. The City of North Richland Hills received the award during the 2014 International Association of Chiefs of Police annual conference in Orlando, Florida. The City's Crime Victim's Liaison Joint Program is collaboration between the cities of Richland Hills, Watauga and Haltom City. The award recognizes law enforcement agencies that demonstrate an innovative approach to meeting the needs of crime victims within their communities. Mr. Perdue also presented the Outstanding o' Achievement in Law Enforcement Volunteer Programs to the North Richland Hills Police Q Department Volunteers in Police Service (VIPS). The award recognizes volunteer a programs that demonstrate innovative, effective practices for augmenting sworn or civilian staff and/or improving service delivery to their communities. ° AA CITIZENS PRESENTATION Mayor Trevino announced that the City Secretary received a few public meeting appearance cards to speak about solar panels. Mayor Trevino announced that comments on any matter on which staff has scheduled or will be scheduled at a board, C U commission, or committee meeting to solicit citizen input are deferred to the appropriate board meeting. The Planning and Zoning Commission is scheduled to receive comments at their meeting in November. Mayor Trevino announced that Council may o suspend the rules to receive public comment. There being no motion to suspend the N rules, Mayor Trevino announced that Council would not receive comments on ° discussion pertaining to solar panels. >_ Mr. Steve Dennis, 7450 NE Loop 820, commented on the City's smoking ordinance. o' Mr. Dennis mentioned that the motel he resides in is not effectively enforcing the Z smoking ordinance. Mr. Dennis asked Council to consider amending the ordinance that would allow hotel management to monitor the ordinance. E A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA Q There were no items removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVE MINUTES OF THE OCTOBER 27, 2014 CITY COUNCIL MEETING. November 10, 2014 City Council Minutes Page 4 of 15 Packet Pg. 19 B.t.a B.2 APPROVE RESOLUTION NO. 2014-029, AWARD OF BID FOR THE 40TH YEAR CDBG PROJECT-HARMONSON ROAD SANITARY SEWER REHABILITATION. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. C. PUBLIC HEARINGS C.1 RP 2014-05 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DUSTIN AUSTIN ENTERPRISES, INC FOR A REPLAT OF LOTS 14R AND 15R, BLOCK 2, WOODBERT ADDITION LOCATED AT 8213 AND 8217 SAYERS LANE. o APPROVED Q ti Mayor Trevino opened the public hearing and called on Senior Planner Clayton Comstock to present the item. Senior Planner Clayton Comstock presented item to Council. The request seeks a replat to shift the existing lot line 15 feet to the west, which would allow the appropriate setback for the existing home. The request, if approved, would also permit the applicant to construct a residential home on the vacant lot. The Planning and Zoning c Commission, at their October 16, 2014 meeting, recommended approval by a vote of 4- 0. U Applicant representative Mike Davis presented request and was available to answer o questions from Council. N 0 Council did not have any questions for staff or the applicant's representative. Mayor Trevino asked for anyone wishing to speak on the item to come forward. There E being no one wishing to speak, Mayor Trevino closed the public hearing. z MAYOR PRO TEM WRIGHT OUJESKY MOVED TO APPROVE RP 2014-05. COUNCIL MEMBER WHITSON SECONDED THE MOTION. E is MOTION TO APPROVE CARRIED 7-0. Q C.2 ZC 2014-17, ORDINANCE NO. 3342 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM LEVART PROPERTIES, LLC FOR THE PURPOSE OF REMOVING A PREVIOUSLY APPROVED SPECIAL USE PERMIT FROM THE PROPERTY LOCATED AT 4005 RUFE SNOW DRIVE. APPROVED November 10, 2014 City Council Minutes Page 5 of 15 Packet Pg.20 B.t.a Mayor Trevino opened the public hearing and called on Senior Planner Clayton Comstock to present the item. Senior Planner Clayton Comstock presented item to Council. The request to rezone the property located at 4005 Rufe Snow Drive includes repealing Ordinance No. 3144 that approved Special Use Permit (SUP) 2010-02. The previously approved SUP allowed a "moving and storage business" use for the property. If approved, Ordinance No. 3342 will repeal SUP 2010-02, but retain the existing zoning designation of C-2. The Planning and Zoning Commission, at their October 16, 2014 meeting, recommended approval by a vote of 4-0. In response to Council member Whitson's question, Mr. Comstock informed Council the removal of the Special Use Permit would not necessarily negate applicant's S responsibility to provide landscaping. If the applicant has 75% or more building valuation improvements; the required landscaping would be dictated by the landscape o' ordinance. CL CL Q Council member Whitson clarified that applicant would not be required to provide landscaping if there is no increase in valuation of the building. ° Mr. Comstock clarified that the applicant would not be required to provide landscaping if there is no increase in valuation. However, if the applicant constructs a parking lot the new construction would need to comply with the parking lot standards of the landscape — ordinance. 0 U Applicant Paul Edward presented request and was available to answer questions from Council. 0 Council member Whitson asked Mr. Edwards to elaborate on the proposed landscaping. N 0 Mr. Edwards informed Council the proposed landscaping would include a tree. 0 E 0 Mayor Trevino asked for anyone wishing to speak on the item to come forward. There 0 being no one wishing to speak, Mayor Trevino closed the public hearing. Z COUNCIL MEMBER LOMBARD MOVED TO APPROVE ORDINANCE NO. 3342. COUNCIL MEMBER E RODRIGUEZ SECONDED THE MOTION. is Mayor Trevino commented that he understands Council member Whitson's concern. a While the Council does not have the ability to require additional landscaping; the City would be remiss if they did not take the opportunity to discuss the importance of landscaping with applicant's during the submittal process. MOTION TO APPROVE CARRIED 6-1,WITH COUNCIL MEMBER WHITSON VOTING AGAINST. November 10, 2014 City Council Minutes Page 6 of 15 Packet Pg.21 B.t.a Mayor Trevino announced that he would recess the Council meeting at 7:46 p.m. in order for the Council to convene as the Landscape Review Board. Mayor Trevino reconvened the Council meeting at 7:58 p.m. D. PLANNING AND DEVELOPMENT D.1 FP 2014-10 CONSIDERATION OF A REQUEST FROM C AND G CUSTOM HOMES FOR A FINAL PLAT OF HAWKS RIDGE ADDITION; BEING 15 RESIDENTIAL LOTS ON 5.415 ACRES LOCATED AT 8900 AND A PORTION OF 8820 MARTIN DRIVE. APPROVED S Senior Planner Clayton Comstock presented item. Council previously approved "R-2" zoning for the property at their August 25, 2014 meeting. The request before Council ° tonight is to consider a final plat for Hawks Ridge that is a 14-lot "R-2" residential C subdivision on 5.415 acres located at 8900 Martin Drive and the replat of an existing home at 8820 Martin Drive. The plat includes a 54-foot strip of property in the Dennis o Lang Addition into the subdivision to provide for the creation of Lots 1-4, Block 2. The Planning and Zoning Commission, at their October 16, 2014 meeting, recommended approval by a vote of 4-0. In response to Council member Welch's question, Mr. Comstock informed Council the applicant included a note (#8) on the plat that indicates the easement can be c abandoned once Michelle Street is extended to the east. Applicant representative Osama F. Nashed with A.N.A. Consultants presented request and was available to answer questions from Council. N 0 COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE FP 2014-10. COUNCIL MEMBER WHITSON L d SECONDED THE MOTION. E d MOTION TO APPROVE CARRIED 7-0. Z E. PUBLIC WORKS E There were no items for this category. a F. GENERAL ITEMS F.1 CONSIDERATION OF THE USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY FOR A PUBLIC USE, SUCH BEING A RIGHT OF WAY FOR WIDENING SMITHFIELD ROAD — RESOLUTION NO. 2014-028. APPROVED November 10, 2014 City Council Minutes Page 7 of 15 Packet Pg.22 B.t.a COUNCIL MEMBER LOMBARD MOVED THAT THE CITY COUNCIL AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE FOLLOWING DESCRIBED PROPERTY FOR THE SMITHFIELD ROAD WIDENING PROJECT,A PUBLIC USE AND ADOPT RESOLUTION NO. 2014-028. COUNCIL MEMBER WELCH SECONDED THE MOTION. PARCEL 1: BEING A PART OF THAT CALLED 4.847 ACRE TRACT OF LAND LOCATED IN THE JOHN H. BARLOUGH SURVEY, ABSTRACT NO. 130 IN THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS DESCRIBED IN DEED TO WOODBRIAR MANAGEMENT LTD., RECORDED IN VOLUME 11976, PAGE 305 IN THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: w COMMENCING AT THE SOUTHWEST CORNER OF A 4.2660 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO QUIKTRIP CORPORATION, AS RECORDED IN DOCUMENT NO. D212025704 IN THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS , BEING THE INTERSECTION OF THE EXISTING EAST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD AND THE NORTH RIGHT-OF-WAY LINE OF NEWMAN DRIVE; C THENCE SOUTH 03 DEGREES 52 MINUTES 25 SECONDS EAST, ACROSS SAID NEWMAN DRIVE, ti 0 A DISTANCE OF 37.44 FEET TO THE POINT OF BEGINNING, BEING AT THE INTERSECTION OF SAID EXISTING EAST RIGHT-OF-WAY LINE AND THE SOUTH RIGHT-OF-WAY LINE OF SAID NEWMAN DRIVE AND BEING THE NORTHWEST CORNER OF SAID CALLED 4.847 ACRE TRACT OF LAND; THENCE SOUTH 89 DEGREES 55 MINUTES 16 SECONDS EAST, ALONG THE SOUTH RIGHT-OF- WAY LINE OF NEWMAN DRIVE, A DISTANCE OF 24.87 FEET; THENCE SOUTH 43 DEGREES 51 MINUTES 22 SECONDS WEST, DEPARTING SAID SOUTH V RIGHT-OF-WAY LINE,A DISTANCE OF 13.85 FEET TO A POINT FOR CORNER; U THENCE SOUTH 02 DEGREES 22 MINUTES 00 SECONDS EAST, A DISTANCE OF 28.33 FEET TO N AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A c RADIUS OF 1,034.00 FEET,WHOSE CHORD BEARS SOUTH 01 DEGREE 15 MINUTES 15 SECONDS EAST,A DISTANCE OF 40.15 FEET; d THENCE SOUTHEASTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A z CENTRAL ANGLE OF 02 DEGREES 13 MINUTES 29 SECONDS, AN ARC LENGTH OF 40.15 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 08 MINUTES 31 SECONDS EAST, A DISTANCE OF 329.62 FEET TO AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING A Q RADIUS OF 216.00 FEET, WHOSE CHORD BEARS SOUTH 32 DEGREES 49 MINUTES 11 SECONDS EAST,A DISTANCE OF 233.24 FEET; THENCE SOUTHEASTERLY, ALONG THE SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 65 DEGREES 21 MINUTES 21 SECONDS, AN ARC LENGTH OF 246.39 FEET TO A POINT FOR CORNER; November 10, 2014 City Council Minutes Page 8 of 15 Packet Pg.23 B.t.a THENCE NORTH 69 DEGREES 53 MINUTES 49 SECONDS EAST A DISTANCE OF 14.28 FEET TO AN IRON ROD ON THE NORTHERLY RIGHT-OF WAY LINE OF DAVIS BOULEVARD AND BEING ON A CIRCULAR CURVE TO THE LEFT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 2,924.79 FEET, WHOSE CHORD BEARS SOUTH 24 DEGREES 41 MINUTES 20 SECONDS WEST,A DISTANCE OF 87.56 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTHERLY RIGHT OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01 DEGREE 42 MINUTES 55 SECONDS,AN ARC LENGTH OF 87.57 FEET TO POINT FOR CORNER; THENCE NORTH 21 DEGREES 30 MINUTES 54 SECONDS WEST A DISTANCE OF 13.73 FEET TO d A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 284.00 FEET, WHOSE CHORD BEARS NORTH 51 DEGREES 36 MINUTES 45 SECONDS WEST,A DISTANCE OF 136.31 FEET; 0 L THENCE NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE TO THE RIGHT, C THROUGH A CENTRAL ANGLE OF 27 DEGREES 46 MINUTES 17 SECONDS, AN ARC LENGTH OF 137.66 FEET TO A POINT FOR CORNER; c THENCE NORTH 77 DEGREES 42 MINUTES 49 SECONDS WEST A DISTANCE OF 6.86 FEET TO A POINT FOR CORNER IN THE EXISTING EAST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, A DISTANCE OF 576.22 FEET TO THE POINT OF BEGINNING AND o CONTAINING 22,010 SQUARE FEET OR 0.5053 ACRES OF LAND, MORE OR LESS; V U TOGETHER WITH DRAINAGE AND TEMPORARY CONSTRUCTION EASEMENTS OUT OF SUCH DESCRIBED WOODBRIER PROPERTY AS FOLLOWS: N 0 DRAINAGE EASEMENT 1 L BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD WITH THE MOST EASTERLY POINT OF THE NEW SMITHFIELD ROAD RIGHT OF WAY LINE AS DESCRIBED IN THE RIGHT OF WAY PARCEL HEREIN; 0 z THENCE SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD 12.41 FEET TO AN IRON ROD FOR CORNER SUCH POINT BEING AT THE INTERSECTION OF THE NEW NORTH RIGHT OF WAY LINE OF SMITHFIELD ROAD DESCRIBED IN THE RIGHT OF WAY PARCEL HEREIN AND SUCH NORTH RIGHT OF WAY LINE OF DAVIS Q BOULEVARD; THENCE SOUTH 69 DEGREES 53 MINUTES 49 SECONDS WEST,A DISTANCE OF 14.28 FEET TO AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 216.00 FEET, WHOSE CHORD BEARS NORTH 64 DEGREES 58 MINUTES 02 SECONDS WEST,A DISTANCE OF 4.00 FEET; November 10, 2014 City Council Minutes Page 9 of 15 Packet Pg.24 B.t.a THENCE NORTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 01 DEGREE 03 MINUTES 40 SECONDS, AN ARC LENGTH OF 4.00 FEET TO AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, NOT BEING COMPOUND TO THE PRECEDING COURSE, HAVING A RADIUS OF 2,938.79 FEET, WHOSE CHORD BEARS NORTH 25 DEGREES 34 MINUTES 06 SECONDS EAST, 22.72 FEET; THENCE NORTHEASTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00 DEGREES 26 MINUTES 35 SECONDS, AN ARC LENGTH OF 22.72 FEET TO AN IRON ROD FOR CORNER; THENCE SOUTH 64 DEGREES 12 MINUTES 37 SECONDS EAST, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 266 SQUARE FEET OR 0.0061 ACRES OF LAND, MORE OR LESS. S d DRAINAGE EASEMENT 2 BEGINNING AT THE MOST SOUTHERLY CORNER OF THE RIGHT OF WAY PARCEL DESCRIBED C HEREIN AT THE INTERSECTION OF THE NEW SOUTH RIGHT OF WAY LINE OF SMITHFIELD WITH THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD; c THENCE SOUTHWESTERLY, CONTINUING ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF DAVIS BOULEVARD AND ALONG A CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 00 DEGREES 10 MINUTES 30 SECONDS, AN ARC LENGTH OF 8.64 FEET TO AN IRON ROD FOR CORNER; THENCE NORTH 66 DEGREES 20 MINUTES 38 SECONDS WEST, DEPARTING SAID NORTHERLY V RIGHT-OF-WAY LINE, A DISTANCE OF 14.00 FEET TO AN IRON ROD FOR THE POINT OF U CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 2,638.76 FEET, WHOSE CHORD BEARS NORTH 23 DEGREES 50 N MINUTES 18 SECONDS EAST, A DISTANCE OF 18.71 FEET; c L THENCE NORTHEASTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 00 DEGREES 21 MINUTES 53 SECONDS, AN ARC LENGTH OF 18.71 FEET TO AN IRON ROD ON A CIRCULAR CURVE TO THE LEFT, NOT BEING REVERSE TO THE PRECEDING z COURSE, HAVING A RADIUS OF 284.00 FEET, WHOSE CHORD BEARS SOUTH 65 DEGREES 04 MINUTES 22 SECONDS EAST, A DISTANCE OF 4.22 FEET; THENCE SOUTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 00 DEGREES 51 MINUTES 04 SECONDS, AN ARC LENGTH OF 4.22 FEET TO Q AN IRON ROD FOR CORNER; THENCE SOUTH 21 DEGREES 30 MINUTES 54 SECONDS EAST, A DISTANCE OF 13.73 FEET TO THE POINT OF BEGINNING AND CONTAINING 214 SQUARE FEET OR 0.0049 ACRES OF LAND, MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT 1 November 10, 2014 City Council Minutes Page 10 of 15 Packet Pg.25 B.t.a BEGINNING AT THE MOST EASTERLY CORNER OF THE RIGHT OF WAY PARCEL DESCRIBED HEREIN AND BEING IN THE NORTHERLY RIGHT OF WAY LINE OF DAVIS BOULEVARD; THENCE SOUTHWESTERLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 2,924.79 FEET, WHOSE CHORD BEARS SOUTH 25 DEGREES 36 MINUTES 54 SECONDS WEST THROUGH A CENTRAL ANGLE OF 00 DEGREES 08 MINUTES 14 SECONDS, AN ARC LENGTH OF 7.00 FEET TO AN IRON ROD FOR CORNER AT THE INTERSECTION OF SAID NORTHERLY RIGHT-OF-WAY LINE AND THE NEW EAST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD; THENCE SOUTH 69 DEGREES 53 MINUTES 49 SECONDS WEST, DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG SAID NEW EAST RIGHT-OF-WAY LINE, A DISTANCE OF 14.28 FEET TO AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 216.00 FEET, WHOSE CHORD BEARS NORTH 32 DEGREES 49 MINUTES 11 SECONDS WEST,A DISTANCE OF 233.24 FEET; 0 CL CL THENCE NORTHWESTERLY, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 65 DEGREES 21 c MINUTES 21 SECONDS,AN ARC LENGTH OF 246.39 FEET TO AN IRON ROD FOR CORNER; d THENCE NORTH 00 DEGREES 08 MINUTES 31 SECONDS WEST, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE, A DISTANCE OF 329.62 FEET TO AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1,034.00 FEET, WHOSE CHORD BEARS NORTH 01 DEGREE 15 MINUTES 15 SECONDS WEST, A DISTANCE OF 40.15 c FEET; V THENCE NORTHWESTERLY, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 02 DEGREES 13 N MINUTES 29 SECONDS,AN ARC LENGTH OF 40.15 FEET TO AN IRON ROD FOR CORNER; c L THENCE NORTH 02 DEGREES 22 MINUTES 00 SECONDS WEST, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE,A DISTANCE OF 28.33 FEET TO AN IRON ROD FOR CORNER; 0 z THENCE NORTH 43 DEGREES 51 MINUTES 22 SECONDS EAST, CONTINUING ALONG SAID NEW EAST RIGHT-OF-WAY LINE, A DISTANCE OF 13.85 FEET TO AN IRON ROD FOR CORNER AT THE 4) INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE AND THE SOUTH RIGHT OF WAY LINE OF SAID NEWMAN DRIVE; Q THENCE SOUTH 00 DEGREES 23 MINUTES 59 SECONDS WEST, DEPARTING SAID NEW EAST RIGHT-OF-WAY LINE AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 78.42 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 08 MINUTES 31 SECONDS EAST, A DISTANCE OF 187.60 FEET TO A POINT FOR CORNER; November 10, 2014 City Council Minutes Page 11 of 15 Packet Pg.26 B.t.a THENCE NORTH 89 DEGREES 51 MINUTES 29 SECONDS EAST, A DISTANCE OF 3.00 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 08 MINUTES 31 SECONDS EAST, A DISTANCE OF 142.02 FEET TO A POINT FOR CORNER; THENCE NORTH 89 DEGREES 51 MINUTES 29 SECONDS EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 201.00 FEET, WHOSE CHORD BEARS SOUTH 32 DEGREES 17 MINUTES 12 SECONDS EAST, A DISTANCE OF 213.89 FEET; THENCE SOUTHEASTERLY, ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 64 DEGREES 17 MINUTES 22 SECONDS, AN ARC LENGTH OF 225.53 FEET TO A POINT S FOR CORNER; 0 L THENCE NORTH 25 DEGREES 34 MINUTES 07 SECONDS EAST, A DISTANCE OF 1.95 FEET TO A C POINT FOR CORNER; ti ti 0 THENCE SOUTH 65 DEGREES 39 MINUTES 27 SECONDS EAST, A DISTANCE OF 14.01 FEET TO THE POINT OF BEGINNING AND CONTAINING 7,027 SQUARE FEET OR 0.1613 ACRES OF LAND, MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT 2: BEGINNING AT AN IRON ROD AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE c OF DAVIS BOULEVARD WITH THE NEW SOUTH RIGHT OF WAY LINE OF SMITHFIELD ROAD V DESCRIBED IN THE RIGHT OF WAY PARCEL HEREIN; U THENCE SOUTHWESTERLY, CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND N ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 00 DEGREES 08 c MINUTES 45 SECONDS,AN ARC LENGTH OF 7.44 FEET TO A POINT FOR CORNER; THENCE NORTH 65 DEGREES 39 MINUTES 27 SECONDS WEST, A DISTANCE OF 9.14 FEET TO d A POINT FOR CORNER; 0 z THENCE NORTH 24 DEGREES 20 MINUTES 33 SECONDS EAST, A DISTANCE OF 2.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 299.00 FEET,WHOSE CHORD BEARS NORTH 58 DEGREES 06 MINUTES 43 SECONDS WEST, A DISTANCE OF 78.53 FEET; Q THENCE NORTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 15 DEGREES 05 MINUTES 29 SECONDS, AN ARC LENGTH OF 78.76 FEET TO A POINT FOR CORNER; THENCE NORTH 39 DEGREES 26 MINUTES 02 SECONDS EAST, A DISTANCE OF 5.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT, NOT BEING TANGENT TO THE November 10, 2014 City Council Minutes Page 12 of 15 Packet Pg.27 B.t.a PRECEDING COURSE, HAVING A RADIUS OF 294.00 FEET, WHOSE CHORD BEARS NORTH 43 DEGREES 51 MINUTES 57 SECONDS WEST,A DISTANCE OF 68.61 FEET; THENCE NORTHWESTERLY, ALONG SAID CIRCULAR CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 13 DEGREES 24 MINUTES 04 SECONDS, AN ARC LENGTH OF 68.76 FEET TO A POINT FOR CORNER ON THE EXISTING EAST RIGHT-OF-WAY LINE OF SMITHFIELD ROAD; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS EAST, ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, A DISTANCE OF 5.93 FEET TO AN IRON ROD FOR CORNER AT THE INTERSECTION OF SAID EXISTING EAST RIGHT-OF-WAY LINE AND THE NEW SOUTHERLY RIGHT- OF-WAY LINE OF SAID SMITHFIELD ROAD; THENCE SOUTH 77 DEGREES 42 MINUTES 49 SECONDS EAST, DEPARTING SAID EXISTING EAST RIGHT-OF-WAY LINE AND ALONG SAID NEW SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 9.89 FEET TO AN IRON ROD FOR THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, NOT BEING TANGENT TO THE PRECEDING COURSE, HAVING A RADIUS OF 284.00 FEET, C WHOSE CHORD BEARS SOUTH 51 DEGREES 36 MINUTES 45 SECONDS EAST, A DISTANCE OF 136.31 FEET; o THENCE SOUTHEASTERLY, CONTINUING ALONG SAID NEW SOUTHERLY RIGHT-OF-WAY LINE AND ALONG SAID CIRCULAR CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 27 DEGREES 46 MINUTES 17 SECONDS, AN ARC LENGTH OF 137.66 FEET TO AN IRON ROD FOR CORNER; THENCE SOUTH 21 DEGREES 30 MINUTES 54 SECONDS EAST, CONTINUING ALONG SAID NEW c SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 13.73 FEET TO THE POINT OF BEGINNING V AND CONTAINING 1,950 SQUARE FEET OR 0.0448 ACRES OF LAND, MORE OR LESS. V MOTION TO APPROVE CARRIED 7-0. o N O F.2 AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ATMOS L ENERGY CORPORATION TO PROVIDE ENERGY-EFFICIENT WEATHERIZATION MEASURES TO ELIGIBLE RESIDENTS IN NORTH RICHLAND HILLS. z° APPROVED E Interim Director of Neighborhood Services Rick Scott presented item for Council and was available to answer questions. a Council had no questions for staff. COUNCIL MEMBER TURNAGE MOVED TO APPROVE ITEM F2. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 7-0. November 10, 2014 City Council Minutes Page 13 of 15 Packet Pg.28 B.t.a G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE WORK SESSION AGENDA There was no action required by Council as the result of Executive Session. H. INFORMATION AND REPORTS HA ANNOUNCEMENTS Council member Welch made the following announcements. S Join the city tomorrow, November 11, for the annual Veteran's Day Celebration. The event begins at 11:00 a.m. at Liberty Park. ° CL CL The regularly scheduled Council meeting for November 24 has been cancelled. The a next Council meeting will be held on Monday, December 8. o City Hall and other non-emergency offices will be closed on Thursday and Friday, November 27 and 28 for the Thanksgiving Holiday. Garbage and recycling will not be collected on Thanksgiving Day. Thursday's collections will be made on Friday and Friday's collections will shift to Saturday. Mark your calendars for the annual Night of Holiday Magic, which is being planned for Saturday, December 6. You can find more details on the city's website or by calling the Parks & Recreation Department at 817-427-6620. 0 N North Richland Hills' new Animal Adoption and Rescue Center is under construction at o 7301 Iron Horse Boulevard. You can be part of the new facility by purchasing a paver or sponsoring a kennel. Orders received by December 15 will guarantee installation before the grand opening this spring. Pavers and sponsorships can also be purchased as gifts for friends, family or pets. For more information, visit the city's website or call 817-427- Z 6570. Kudos Korner - Jodi Griggs and Amber Martin of the Parks & Recreation Department - gg p A citizen mailed a letter to the city regarding her first outing with the NRH Senior Center. She said she had wonderful time due in large part to Jodi and Amber. She noted that a they were organized, prompt, friendly, patient and caring; and she looks forward to participating in future Senior Center events led by Jodi and Amber. November 10, 2014 City Council Minutes Page 14 of 15 Packet Pg.29 I. ADJOURNMENT Mayor Trevino adjourned the meeting at 8:31 p.m. Oscar Trevino, Mayor ATTEST: S Alicia Richardson, City Secretary > 0 L Q Q Q ti ti O r d Cam_ C 0 U U O N O r L d E d 0 Z d E V Q November 10, 2014 City Council Minutes Page 15 of 15 Packet Pg.30 r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Approve payment to Motorola Solutions, Inc. for public safety radios and accessories in an amount not to exceed $95,000. Presenter: Stan Tinney, Fire Chief Summary: This item is authorize payment to Motorola Solutions Inc. for radios and radio accessories for an amount not to exceed $95,000. General Description: The City of North Richland Hills Fire Department utilizes a cooperative purchasing contract through the City of Fort Worth to purchase radios and radio accessories from Motorola Solutions Inc. These items are used by Police and Fire Department personnel for daily operations. The FY 2014/2015 Adopted Budget includes $95,000 for the purchase of public safety radios and associated equipment. This purchase will be for Motorola APX 6000XE portable radios and their accessories for the Police Department. In addition to the radios this will include batteries, chargers, holsters, earpieces, and speaker mics. These radios will be replacing the outgoing Motorola XTS5000 portable radios which are currently being phased out from the manufacturer. Recommendation: Authorize purchase over $50,000 but not exceeding $95,000 of radios and radio accessories from Motorola Solutions Inc. Packet Pg.31 B.3 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Approve purchase from Caldwell Country Chevrolet for seven Chevrolet Tahoes in the amount of $265,615. Presenter: Tim Doyle, Fleet Services Superintendent Summary: The 2014-15 Budget included the replacement of seven Police Department patrol vehicles. It is being recommended to purchase seven Chevrolet Tahoes from Caldwell Country Chevrolet. General Description: In the 2014-15 Budget, $275,898.00 was approved for the replacement of seven Police Department patrol vehicles. The units being replaced are 2009 and 2010 models and will have an average of 133,000 miles on them when replaced. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Caldwell Country Chevrolet holds the BuyBoard as well as the State of Texas contract for Chevrolet police package Tahoes. Due to a difference in contract fees, the BuyBoard quote came in $6,440 lower than the State of Texas quote. Caldwell Country Chevrolet has submitted a quote of $265,615.00 for seven Chevrolet Tahoes from the BuyBoard Contract #430-13. The City has conducted previous business with Caldwell Country Chevrolet with good results. Recommendation: Approve purchase of seven Chevrolet Tahoes from Caldwell Country Chevrolet in the amount of$265,615.00 Packet Pg.32 B.4 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Approve purchase from Romco Equipment for an asphalt paver in the amount of$185,843. Presenter: Tim Doyle, Fleet Services Superintendent Summary: The 2014-15 CIP Budget included the replacement of the Ingersoll Rand asphalt paver assigned to the Public Works Street Division. It is being recommended to purchase a LeeBoy 8510C paver from Romco Equipment. General Description: The CIP Major Capital Equipment Replacement Program requires a minimum ten (10) year replacement for major capital equipment. At the ten (10) year interval the equipment is evaluated for replacement based on frequency of use, the number of like equipment in the fleet, equipment condition and the availability of parts and services. In the 2014-15 CIP Budget, $198,000.00 was approved for the replacement of a 2005 Ingersoll Rand asphalt paver for the Public Works Street division. The budget included financing with certificates of obligation to be issued in 2014. This item was recently approved by City Council. The existing asphalt paver has had continuous maintenance issues. Parts availability is very limited with most parts having to come from overseas. The unit has been out of service for up to six weeks at one time waiting for parts. With only one asphalt paver in the fleet, when it is out of service, the City's overlay program is negatively impacted. The asphalt prior to the Ingersoll Rand paver was a LeeBoy brand which is manufactured in North Carolina. LeeBoy has good parts availability and service. Fleet and Public Works staff evaluated the various brands of asphalt pavers and agreed the LeeBoy brand was the best choice. The City of North Richland Hills is a member of several inter-local groups and utilizes existing contracts with vendors through the Local Government Purchasing Cooperatives. The Local Government Code states that purchases made through a cooperative purchasing agreement satisfy any state law that would require the City to solicit competitive bids. Romco Equipment has submitted a quote of $185,843.00 for the purchase of one new LeeBoy 8510C paver utilizing BuyBoard Contract #424-13. This quote also includes the Packet Pg.33 B.4 r4 NO&TH KICHLAND HILLS trade-in of the existing Ingersoll Rand asphalt paver. The City has conducted previous business with Romco Equipment with good results. Recommendation: Approve purchase of an asphalt paver from Romco Equipment in the amount of $185,843.00. Packet Pg.34 B.5 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Award bank depository service contract (RFP 14-025) to JP Morgan Chase, Inc. Presenter: Laury Fiorello, Summary: The City Council is being asked to award service contract RFP #14-025 for Banking Depository Service to JP Morgan Chase Bank. General Description: The current contract for bank depository services expires December 31, 2014. The existing contract was for a five-year period and was awarded to JP Morgan Chase Bank by City Council in 2009. Notice of the City's interest to receive proposals was advertised in a local newspaper and financial publication as required by State statute, and posted on the City's website. Proposal specifications were viewed on the City's website by multiple entities. The City received proposals from the following: JPMorgan Chase Frost Bank The proposals were evaluated based on the following criteria. 1. Ability of the proposer to provide the depository services described in the Request for Proposal (RFP). 2. Cost of proposed services. 3. Experience and success in providing depository services to large municipal governments in Texas. 4. Completeness of the form and submission of the required information. A points system was established for each criterion. The Proposal Review Committee scored JP Morgan Chase the highest of the two eligible proposals. JP Morgan Chase provided the lowest costs for services. The new JP Morgan Chase contract will result in a decrease of Depository Services costs by 26.1% over prior years or approximately $9,077 per year. Total costs will be approximately $25,655 per year. Per the City's Investment Policy, the staff then presented the analysis and results to the City's Investment Committee which has the responsibility of overseeing the City's Packet Pg.35 B.5 r4 NO&TH KICHLAND HILLS financial and investment relationships including banking services. After discussion and careful consideration, the Investment Committee voted unanimously to recommend award of the contract for depository services to JPMorgan Chase Bank. The contract term will be for 3 years with 2 one-year options to renew. Recommendation: Award RFP 14-025 Bank Depository Service Contract to JP Morgan Chase, Inc. Packet Pg.36 B.5 r4 NORTH KICHLAND HILLS CONTINUING DEPOSIT SECURITY AGREEMENT THIS AGREEMENT is entered into as of this day of 201 by and between the THE CITY OF NORTH RICHLAND HILLS, TX, a Texas municipal corporation ("Customer"), and JPMORGAN CHASE BANK, N.A., a national banking association ("the Bank'). RECITALS A. From time to time Customer, for investment and business purposes, make deposits of money with the Bank; and B. Although such deposits are generally eligible for FDIC insurance coverage, such coverage is limited for the funds of each public unit, as that term is defined by applicable law. C. In consideration of the deposits made by Customer with the Bank, Customer and the Bank desire to enter this Agreement granting Customer a security interest in certain Collateral hereinafter defined to afford Customer greater protection. NOW, THEREFORE, in consideration of the Customer depositing its funds with the Bank and as security for the repayment of those deposits, the parties agree as follows: 1. OBLIGATIONS. The obligations subject to this Agreement, hereinafter referred to as "Obligations", are the accounts held in the following name: 2. GRANT OF SECURITY INTEREST - COLLATERAL. To secure the Obligations described above, the Bank hereby grants to the Customer security interest in and assigns and pledges assets, hereinafter referred to as ("Collateral"). The Bank represents that its Board of Directors has passed a resolution authorizing and approving the execution and delivery of contracts with the United States, individual states, and any political subdivisions thereof ("Public Units") providing for the deposit of public funds with the Bank and the pledge of collateral by the Bank to the Public Unit and further authorizing and Packet Pg.37 B.5 r4 NO&TH KICHLAND HILLS approving the execution and delivery of all related contracts between the Public Units and the Bank, including without limitation, assignments, pledge agreements and security agreements; that such resolution is reflected in the Minutes of the Bank's Board of Directors; and that a copy of this Continuing Deposit Security Agreement shall be maintained as an official record of the Bank. 3. LOCATION OF COLLATERAL. The Bank agrees to deliver and place the Collateral with the Federal Reserve Bank, hereinafter referred to as "Trustee", as a book entry item in the name of the Customer as the secured party. Evidence of such transaction will be forwarded to the Customer immediately after the transaction occurs, in no event later than one (1) week from the execution of this Agreement. 4. BANK REPRESENTATIONS, WARRANTIES AND PROMISES. The Bank further represents, warrants and agrees: a) The Bank has full power and authority to enter into this Agreement. b) The Bank is the owner of the Collateral, or if the Bank is not the owner, the owner has agreed to execute a Hypothecation Agreement granting a security interest in the Collateral in consideration of the Customer's deposits. c) The Bank agrees that the total aggregate market value of the Collateral pledged to the Customer, pursuant to this Agreement, shall be continually maintained at the amount equal to or greater than 102% of the Obligations of the Bank to the Customer which exceed the sum of the Federal Deposit Insurance Corporation's Insurance limitation. Customer shall notify Bank of significant changes in the amount of Customer's deposits, at which time Bank will pledge additional or release excess securities. (Bank will voluntarily monitor the market value of pledged securities on a daily basis.) d) If the Bank shall desire to sell or otherwise dispose of any one or more of the securities constituting part of the Collateral deposited with the Trustee, it may substitute for any one or more such securities other securities of the same current par and of the character authorized herein. Such right of substitution shall remain in full force and may be exercised by the Bank as often as it is desired; provided, however, that the aggregate market value of all Collateral pledged hereunder shall be at least equal to the amount of Collateral required hereunder. e) The Bank shall be entitled to income on securities held by the Trustee, and the Trustee may dispose of such income as directed by the Bank Packet Pg.38 B.5 r4 NO&TH KICHLAND HILLS without approval of the Customer, provided a breach of contract does not exist. f) This Agreement will continuously, from the time of its execution, remain part of the official records of the Bank. 5. EVENTS OF BANK DEFAULT. The Bank shall be in default under this Agreement upon the occurrence of any one or more of the following events or conditions which continue to exist for a period of ten (10) days after Customer has served the Bank with a notice generally describing said defaults: a) Failure to comply with any of the requirements of Subparagraph 4 above or any other provisions of this Agreement. b) Non-payment of any of the Obligations when due or non-performance of any promises made by the Bank in this Agreement. c) Insolvency of the Bank. d) The appointment of a receiver for any part of the Bank. 6. RIGHT OF CUSTOMER UPON BANK'S DEFAULT. In the event of a default by the Bank, in addition to all the rights and remedies provided in Article 9 of the Uniform Commercial code and any other applicable law, the Customer may (but is under no obligation to the Bank to do so) sell, assign and deliver the whole, or any part of the Collateral or any substitutes thereof or additions thereto, in a commercially reasonable manner and with right to purchase the Collateral at any public sale. Out of the proceeds of any such sale Customer may deduct its actual damages and reasonable costs and expenses of sale incurred as a result of Bank's default, accounting to Bank for the remainder, if any, of such proceeds or collateral remaining unsold. 7. CUSTOMER REPRESENTATIONS, WARRANTIES, AND PROMISES. Customer further represents, warrants and agrees: a) Customer has full power and authority to enter into this Agreement. b) Customer will comply with the terms of any other agreements it may have with the Bank which govern the Obligations. In the event that Customer fails to comply with any of its promises herein, or any of its representations is untrue or any of its warranties is breached, or if any of the Obligations are subjected to service of process, including but not exclusively, a writ of execution, then Bank may immediately terminate this Agreement. Packet Pg.39 B.5 r4 NORTH KICHLAND HILLS 8. LAW GOVERNING. This Agreement and the rights and obligations of the parties hereunder, shall be construed and interpreted in accordance with the laws of the State of applicable to agreements made and to be wholly performed in such state. 9. TERMINATION OF THE AGREEMENT. Customer or the Bank may terminate this Agreement by giving written notice of termination to the other party which notice is effective when received by the other party. The rights and liabilities of the parties under this Agreement survive any termination of the Agreement until all Obligations have been satisfied in full. 10. NOTICES. All notices and other communications shall be sent to the CUSTOMER: Name: The City of North Richland Hills, TX Address: City/State: BANK: Name: JPMorgan Chase Bank, N.A. Address: 420 Throckmorton, 4t" Floor City/State: Fort Worth, Texas 76102 11. ASSIGNS. This Agreement and all rights and liabilities hereunder and in and to any and all Collateral shall insure to the benefit of Customer and the Bank and their respective successors and assigns. No portion of this Agreement may be assigned without the expressed written consent of the other party, and any assignment must comply with all provisions of Paragraph 4c. IN WITNESS WHEREOF the parties have signed this Agreement as of this day and year first above written. CUSTOMER: THE CITY OF NORTH RICHLAND HILLS, TX BY: Packet Pg.40 B.5 r4 NORTH KICHLAND HILLS Title BANK: JPMORGAN CHASE BANK, N.A. BY: Title BANKING SERVICES AGREEMENT BETWEEN THE CITY OF NORTH RICHLAND HILLS, TX AND JPMORGAN CHASE BANK, N.A. Packet Pg.41 B.5 r4 NORTH KICHLAND HILLS This Banking Services Agreement, inclusive of the incorporated documents referenced below (collectively, this "Agreement"), is effective as of the 1st day of October, 2014, (the "Effective Date") by and between THE CITY OF NORTH RICHLAND HILLS, TX, a Texas municipal corporation (the "2!Z') and JPMORGAN CHASE BANK, N.A., a national banking association (the "Bank"). Recitals The City issued a Request for Proposals (the "RFP") for Banking Services on , 20147 RFP# 14-025. The Bank's proposal in response to the RFP, inclusive of all exhibits attached thereto (the "Proposal"), was submitted within the appropriate deadline for submission established by the RFP. The City's authorized representatives have reviewed the Proposal, determined that it best fulfills the City's requirements, and have recommended that the bank depository services (the "Services") covered by the RFP, and the Bank's responses thereto, be granted to the Bank. As evidenced by the signatures of the City's representatives below, the City is authorized to enter this Agreement. Accordingly, the City and the Bank agree as follows: 1. Performance of the Services. The Bank agrees to perform the Services for the City, at the prices specified or described in the Fee Schedule included with the RFP and incorporated herein for all purposes. The fees shall be fixed for the initial thirty-six (36) month term. 2. Description of the Agreement. This Agreement, which contains the terms and conditions and respective obligations of the parties with respect to the Services, is comprised of the following documents, the RFP, the Proposal, and the Bank's account terms and service terms that currently exist between the City and the Bank. In the event of inconsistencies between the RFP and the Proposal, the latter shall control. In the event of inconsistencies between this Agreement, and the RFP, this Agreement shall control. 3. Term of this Agreement. This Agreement shall commence as of the Effective Date and continue through the day immediately preceding the third anniversary of the Effective Date, subject to a one (1) two-year extension, ending September 307 2019, upon mutual written agreement of the City and the Bank. Notwithstanding the foregoing, this Agreement may be cancelled during the initial term or any extended term, by either party upon not less than sixty (60) days' prior written notice to the other party. 4. Amendment of this Agreement. This Agreement may be amended only as otherwise provided by its terms, or upon mutual agreement of the City and the Bank, as contained within a writing executed by each of them. Packet Pg.42 B.5 r4 NORTH KICHLAND HILLS 5. Notice. Any notice required or permitted under this Agreement shall be in writing. Each such notice shall be effective when delivered by hand or, if mailed, shall be mailed postage prepaid, return receipt requested, and shall be effective when received. Each such notice shall be addressed or delivered, if to the City, at: or, if to Bank, at: City of North Richland Hills, TX JPMorgan Chase Bank 106 Corporate Park Drive, 2nd Floor White Plains, NY 10604 Attn: Attn: John P. Gardell, Jr. 6. Miscellaneous. a. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. b. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the choice of law provisions thereof. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained. d. This Agreement and the exhibits, schedules, and attachments constitute the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the within subject matter. IN WITNESS WHEREOF, the Bank and the City have caused this Agreement to be executed by their duly authorized representatives on the date or dates set forth above. This Agreement shall be legally binding and deemed effective as of the Effective Date. THE CITY OF NORTH RICHLAND HILLS, TX: BY: Name: Packet Pg.43 B.5 r4 NO&TH KICHLAND HILLS Title: JPMORGAN CHASE BANK, N.A.: BY: Name: Title: Packet Pg.44 B.6 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Approve Resolution No. 2014-031, Authorizing And Endorsing The Application For The 2015 "Our Town" grant program by the National Endowment for the Arts for various creative placemaking projects associated with the new City Hall. Presenter: John Pitstick, Director of Planning & Development Summary: Staff will be reapplying for a federal grant through the National Endowment for the Arts' (NEA) "Our Town" program to supplement funding for art and placemaking projects associated with the new municipal complex. This resolution is proposed because the grant application requires proof of support by the governing body. General Description: Grant Program Description (From NEA): Through Our Town, subject to the availability of funding, the National Endowment for the Arts will provide a limited number of grants, ranging from $25,000 to $200,000, for creative place making projects that contribute toward the livability of communities and help transform them into lively, beautiful, and sustainable places with the arts at their core. Our Town will invest in creative and innovative projects in which communities, together with their arts and design organizations and artists, seek to: • Improve their quality of life • Encourage greater creative activity • Foster stronger community identity and a sense of place • Revitalize economic development Partnership: A partnership with a non-profit organization that actively advances the arts is required for the grant. The City will partner with Arts Council Northeast for the grant application. Project: Packet Pg.45 B.6 r4 NO&TH KICHLAND HILLS Staff reviewed a number of possibilities throughout the City that could meet the criteria for the NEA grant. The project that seemed most appropriate was the new municipal complex. Staff selected this project for the following reasons: • It will be the quintessential civic space ideal for public art to be displayed • The funding for the Complex is already identified—a major factor for the grant— and portions of existing funds will likely be earmarked for aesthetic enhancements and art per the recommendations thus far by the Municipal Complex Oversight Committee • Few city-sponsored art pieces exist inside Loop 820 as part of the "Art in Public Spaces" program Funding: A limited number of grants will be awarded, ranging from $25,000 to $200,000. If North Richland Hills is awarded one of these grants the City would be required to provide matching funds equal to the amount of the award. With City Council approval, staff will move forward and submit a grant application for $25,000. If awarded, the City's match would be $25,000. In the event the City is awarded a grant, staff has identified public art related funds that could be assigned to cover the City's match. Deadline: The deadline for the application is December 15, 2014. Recommendation: Approve Resolution 2014-031 as presented. Packet Pg.46 B.6 r4 NORTH KICHLAND HILLS RESOLUTION NO. 2014-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AUTHORIZING AND ENDORSING THE APPLICATION FOR THE 2015 OUR TOWN PROGRAM BY THE NATIONAL ENDOWMENT FOR THE ARTS FOR VARIOUS CREATIVE PLACEMAKING PROJECTS ASSOCIATED WITH THE NEW MUNICIPAL COMPLEX. WHEREAS, the City of North Richland Hills is committed to integrating art into daily life and beautifying public areas, whereby improving our quality of life and creating a distinctive identity for our community; and WHEREAS, the City of North Richland Hills is also dedicated to bringing the arts in an affordable and accessible way to the community; and WHEREAS, the City of North Richland Hills recognizes that encouraging creative placemaking projects with arts at their core has a positive effect on the health, safety, and welfare of its citizens; WHEREAS, the National Endowment for the Arts offers an "Our Town" Program in which a certain amount of federal funding is earmarked for creative placemaking projects that contribute toward the livability of communities and help transform them into lively, beautiful, and sustainable places with the arts at their core; and WHEREAS, the City of North Richland Hills is planning to submit an "Our Town" grant application for $25,000 to infuse art and artful projects into the new seventy million dollar municipal complex that will house City Hall, Police Headquarters, Municipal Court and other municipal functions; and WHEREAS, the new municipal complex will be located south of Interstate Loop 820, where few public art pieces are currently placed and continued strategic investment is desired to help revitalize that portion of the City; and WHEREAS, the City of North Richland Hills has requested that Arts Council Northeast partner with the City in its "Our Town" grant request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: Packet Pg.47 B.6 r4 NORTH KICHLAND HILLS SECTION 1. The application for funding from the National Endowment for the Arts Our Town Program is hereby authorized and endorsed for the project area and conceptual scope outlined in Exhibit A. SECTION 2. This resolution shall take effect upon its passage and approval. PASSED AND APPROVED this the 8th day of December, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: (Dept Head Name & Title) Packet Pg.48 B.6 r4 NO&TH KICHLAND HILLS EXHIBIT A POSSIBLE OUR TOWN GRANT PROJECTS CITY HAILL i i M1� PUBLIC PLAZA (#1-5) • Unique, custom-designed, artful amenities such as benches, drinking fountains, bike racks, trash bins, etc. • Sculpture garden CITY HALL LOBBY/FOYER • Art gallery space • Hanging mobile sculpture Packet Pg.49 C.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: TR 2014-05, Ordinance No. 3343 Public Hearing and consideration of amendments to Sections 118-1, 118-718, and 118-719 of the North Richland Hills Code of Ordinances (Zoning Ordinance) regarding regulations for solar energy systems and other accessory structures. Presenter: John Pitstick, Director of Planning & Development Summary: ORDINANCE SUMMARY: Ordinance 3343 covers two primary topics: large accessory buildings and solar panel systems. The two topics were combined because they each impact Section 118-718 of the Zoning Ordinance (accessory buildings and structures). This report is separated into two parts that addresses each topic separately. General Description: PART 1: LARGE ACCESSORY BUILDINGS BACKGROUND: In April 2014, City Council held a joint work session with the Planning & Zoning Commission to discuss 3 major development topics. One of the topics was the appropriateness of "rural" areas in North Richland Hills and the use of the "R-1-S" zoning district category. While R-1-S continues to be a zoning district option for NRH property owners and can certainly be considered city-wide depending on the circumstances and context, the work session concluded with the Little Ranch Road and Valley Road areas of NRH as the target areas for "rural preservation" at this time. NRH residents typically request the R-1-S zoning for one of two reasons: farm animals and large accessory buildings. The purpose of this section of the ordinance is to separate accessory building size and zoning, so that one isn't forced to rezone to R- 1-S for the purpose of also requesting an SUP for a large accessory building. Doing so may artificially create or reinforce additional "rural" areas and complicate future development. The Planning & Zoning Commission held a work session on this topic on November 6. The recommendation given by the Commission was to still require SUPs for accessory buildings greater than 500 square feet, but to remove the zoning relationship and allow the SUP based on a larger lot area instead. Packet Pg.60 C.1 r4 NO&TH KICHLAND HILLS The City Council subsequently held a work session on November 10. While appreciating P&Z's recommendation and concern for large accessory buildings, their direction was to allow larger accessory buildings by-right to larger lots. ORDINANCE DETAILS: As proposed, Ordinance 3343 continues to allow lots less than 20,000 square feet to have permanent accessory buildings 500 square feet or less, just as the regulations currently exist. Lots between 20,000 SF and 40,000 SF in size can have permanent accessory buildings equaling 2.5% of their lot area. Only lots greater than 40,000 SF can request an SUP for accessory buildings exceeding 1,000 SF. The below chart shows this proposed lot size to accessory building size relationship. Lot-to-Accessary Building Ratio 500 SF<2.5%LOT AREA<1,0,0,0 SF 1,200 Maxie murm 1,000 SF,SLIP Required for Larger 1,000 800 m w v m 600 e a a 400 " J,ry �s 204) 10,,00() 20,000 30,000 40,000 50,ODO 60,000 70,,000 80,0[x} 90,000 Lot Size(SF) Staff is not recommending a change to the masonry requirements at this time. While many of the recent SUP requests and permit inquiries have been for metal buildings, the ordinance would still require a minimum 85% masonry on any permanent accessory building. Packet Pg.61 C.1 r4 NO&TH KICHLAND HILLS Regulations for "Secondary living units" are currently located within the definitions section of the zoning ordinance. No changes are proposed to the substance of these regulations, but this amendment would relocate and reformat those regulations under the accessory buildings section of the Zoning Ordinance for ease of reference. RELATION TO GROUND-MOUNTED SOLAR PANELS: As described below, the Ordinance also addresses ground mounted solar panel systems. The relationship between the two topics is that ground mounted solar panel systems would be considered permanent accessory structures and would therefore be limited in size ranging from 500 to 1,000 square feet, depending on the size of the lot. Lots of 40,000 square feet or larger could also request an SUP for larger solar panel systems and variances to the height. Lots less than 40,000 square feet would not be able to ask for an SUP and would be limited to the size and height requirements. PART 2: SOLAR PANEL SYSTEMS BACKGROUND: Earlier this year, the Planning & Zoning Commission and City Council were approached by two SUP requests for ground-mounted solar panel systems that exceeded 500 square feet in size. The two cases, coupled with a recent rush of roof mounted solar panel permits, lead city staff to review solar panel policies and ask the Commission and City Council what direction they would like to see on the subject. Work sessions were held September 18 and 22 with P&Z and City Council respectively and the collective direction from both bodies to staff was to allow solar panels on non- street facing roof slopes by-right and require an SUP for roofs that faced a street. Additional direction was given to adopt ground mounted solar panel policies that were similar to other communities' standards that have ordinances on the subject. REGIONAL SOLAR READY II INITIATIVE: Click on the link for more direct information from the North Central Texas Council of Governments (NCTCOG). Solar Ready II is part of the U.S. Department of Energy SunShot Initiative Rooftop Solar Challenge, which strives to make solar energy cost-competitive with other forms of energy, and is part of the Department of Energy's (DOE) larger effort to position the United States as a global leader in the rapidly-growing solar market. NCTCOG has partnered with the National Association of Regional Councils (NARC), the Mid-America Regional Council (MARC), Meister Consultants Group, Inc., and Council of State Governments to participate in the Solar Ready II program. In July 2014, the City of North Richland Hills committed to participate in the regional Solar Ready II initiative discussions and explore how to implement some of the recommendations of that project. See the attached letter from City Manager Mark Hindman. Staff attended a full-day workshop at NCTCOG offices in October and is continuing to evaluate how to streamline and simplify solar panel permits. Attached below the staff report is a summary of the initial Solar Ready II recommendations as they related to planning and zoning regulations. This summary Packet Pg.52 C.1 r4 NO&TH KICHLAND HILLS was provided to us by James Orenstein and is referenced in his attached letter as well. Mr. Orenstein has also provided the City with the Solar Ready II Presentation that was provided at the full-day workshop on October 21, 2014. This presentation contains a lot of very helpful information about the technicalities and economics of solar energy as well as recent market trends and recommendations for permit streamlining. The presentation can be viewed at the following web address: http://www.nctcog.org/trans/air/solar/Permitting-Ordinance-Training 10212014.pdf Pages 62-80 of the presentation deal specifically with planning and zoning issues. ORDINANCE DETAILS: The solar energy systems section of the ordinance is separated into two subsections: roof mounted solar and ground mounted solar. See the ordinance below for more specific details. Roof Mounted Solar. The Ordinance allows roof mounted solar panels in all zoning districts by right if the panels are located on roof slopes that do not face a street. This includes roofs of permanent accessory buildings as well. Solar panels located on street-facing roofs would require SUP approval by City Council after a recommendation by the Planning & Zoning Commission. �V1�18�IWf��?u�er�NreiINl��idww '�� If approved, Ordinance 3343 would require City Council approval of an SUP for street-facing solar panels Ground Mounted Solar. The Ordinance defines ground mounted solar systems as a permanent accessory structure subject to the same size, location and setback criteria. The maximum height of the ground mounted solar panels would be the same height as the opaque fencing that is required to screen the panels. Since fences have a maximum height of 8 feet, the maximum height of the solar panels would be 8 feet. Lots greater than 40,000 square feet would be allowed to request a SUP to vary from the size and height standards. Packet Pg.53 C.1 r4 NO&TH KICHLAND HILLS W COMPARISON TO OTHER DFW CITIES: With the assistance of NRH resident and solar panel expert and enthusiast Dan Lepinski, 29 area cities' ordinances have been surveyed. Some cities such as Benbrook, Flower Mound and Richland Hills—among others—allow solar panels by right but also regulate their location, height, setback, etc. similar to NRH's proposed ordinance. Three cities of those su rveyed—South lake, Carrollton and Allen—have ordinances that do not allow street-facing solar panels by right and/or require special approvals by other elected or appointed boards. PUBLIC INPUT: The topic has spurred a lot of interest in the solar panel community. Attached below the ordinance are letters and emails pertaining to the proposed ordinance. The Fort Worth Star-Telegram and GreenSourceDFW.org have also written articles on our progress of the ordinance (see link provided and attached for articles). Recommendation: Approval of Ordinance No. 3343 as presented. Packet Pg.54 C.1 r4 NO&TH KICHLAND HILLS ORDINANCE NO. 3343 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY AMENDING SECTIONS 118-1, 118-631, 118-633, 118-718, AND 118-719 OF CHAPTER 118 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AS THEY PERTAIN TO ACCESSORY BUILDINGS AND STRUCTURES; PROVIDING STANDARDS FOR SOLAR PANEL SYSTEMS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning & Zoning Commission has after conducting a public hearing has made its recommendation for the following amendment to the zoning ordinance; and, WHEREAS, after appropriate notice and public hearing, the Planning & Zoning Commission of the City of North Richland Hills, Texas has forwarded a recommendation to the City Council for amendment of the City❑s zoning ordinance as set forth herein; and, WHEREAS, notice has been given and public hearings held as required for amendments to the zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding or amending the following definitions to Section 118-1 of Chapter 118 of the North Richland Hills Code of Ordinances: Secondary living unit means a second single-family residential living unit with kitchen facilities, also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit. Solar panel system means a combination of equipment and/or controls, accessories, interconnecting means and terminal elements for the collection, storage and distribution of solar energy for purposes of heating water or generating electricity. Solar panel systems do not include individually powered outdoor solar lights such as garden lights, accent lights, security lights or flood lights. Packet Pg.55 C.1 r4 NO&TH KICHLAND HILLS Solar panel system, ground mounted means a solar panel system with a supporting framework that is placed on or anchored in the ground and that is independent of any building or other structure. Solar panel system, roof mounted means a solar energy system affixed to the roof of a principal or permanent accessory building. Section 2: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the "Solar panel system" land use to Section 118-631(B) of Chapter 118 of the North Richland Hills Code of Ordinances, Table of Permitted Uses, as shown on Exhibit A attached hereto and incorporated herein. Section 3: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following to Section 118-633 of Chapter 118 of the North Richland Hills Code of Ordinances: "(24) Solar panel systems. See Section 118-718(g) for solar panel system standards." Section 4: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by amending the following within Section 118-718 of Chapter 118 of the North Richland Hills Code of Ordinances: "Sec. 118-718. Accessory buildings and structures. (c) Permanent accessory buildings and structures. Permanent accessory buildings and structures, except carports, which are constructed as an integral part of a concrete slab, concrete beam or with concrete piers, shall comply with the following requirements: (4) Side building line: The side yard setback shall be the same as for the primary building structure. Exception: In the R-1, R-1-S, R-2, R-3, R-4-D, and R-8 districts, side yard setback shall be as follows: a. 500 square foot building or less: six feet. Packet Pg.66 C.1 r4 NO&TH KICHLAND HILLS b. Greater than 500 square foot building: ten feet. c. Corner lots: Same as the primary building for the side yard adjacent to the street. (7) Maximum total floor area per lot size: a. 20,000 square foot lot or less: 500 square feet. b. 20,001 to 39,999 square foot lot: 2.5% of lot area c. 40,000 square foot lot or greater: 1,000 square feet (8) Maximum number allowed: One. A detached garage as defined herein shall be considered a permanent accessory building for the purpose of the maximum number allowed. (13) Special use permit provision for lots of 40,000 square feet or more. Accessory buildings located on lots of 40,000 square feet or more may request a Special Use Permit for the purpose of varying from the maximum floor area, height limit, pitch of roof, concrete access to a public street and masonry requirements contained herein. Permanent accessory structures may not exceed the square footage of the primary residence. The cumulative square footage of all accessory buildings is limited to five percent of the total lot or tract area. (f) Secondary Living Unit. A second single-family residential living unit with kitchen facilities, also known as a mother-in-law unit or granny flat, located on the same lot as the primary living unit shall comply with the following requirements: (1) Use. The secondary living unit is only for use by domestic persons and their family or a relative of the occupants of the primary living unit. This unit shall not be rented or leased and shall not have a separate utility meter. (2) Connection to primary residence. Secondary living units shall be constructed no more than 25 feet from the primary living quarters and be connected by a breezeway a minimum of six feet wide, attached to the roofline. (3) Architecture. The unit must be of the same architectural style as the primary structure and meet all standards as applied to the primary structure except: the requirement for minimum gross living area; the requirement for a garage/carport; and the off-street parking requirements. Packet Pg.67 C.1 r4 NO&TH KICHLAND HILLS (4) Maximum total floor area: 650 square feet. (g) Solar panel systems. Solar panel systems which meet all applicable building codes as well as the following standards shall be permitted in any zoning district only after issuance of a building permit. (1) Roof mounted solar panel systems: a. Location: Roof mounted solar panel systems shall not be located on the roof slope facing a public street or any roof slope projecting from the primary front building facade. See Figure 1-14: Roof-Mounted Solar Panel Location Standards. Solar panels may not extend beyond roof edges. b. Maximum height, pitched roof: Roof mounted solar panel systems shall have a top edge that does not project above the roofline, shall conform to the slope of the roof, and shall not exceed a 6-inch separation between the roof and the system. See Figure 1-14: Roof-Mounted Solar Panel Location Standards. c. Maximum height, flat roof. Solar panel systems mounted on flat roofs shall not exceed the maximum height permitted within the zoning district and shall be screened in accordance with Section 118-877(a), mechanical equipment screening for nonresidential uses and nonresidential zoning. (2) Ground mounted solar panel systems. Ground mounted solar panel systems shall comply with all standards for permanent accessory buildings and structures, except: a. Roof pitch and masonry requirement shall not apply. b. Screening required: An opaque screening fence shall be provided to screen the system from adjacent properties. c. Maximum height: Shall not exceed the height of the required opaque fence and in no case shall exceed eight feet. d. Long lengths of conduit and wiring associated with the system's connection to the primary electrical panel shall be placed underground. e. A ground mounted solar panel system shall not count against the maximum number of permanent accessory structures allowed on a lot, but shall count towards the maximum area of permanent accessory structures on a lot. Packet Pg.68 C.1 r4 NO&TH KICHLAND HILLS (3) Special use permit provision. Properties not able to justifiably meet the location criteria provided herein may apply for a special use permit. Section 5: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by deleting in its entirety and reserving for future use Section 118-719 of Chapter 118 of the North Richland Hills Code of Ordinances. Section 6: THAT the Comprehensive Zoning Ordinance and Code of Ordinances of the City of North Richland Hills be amended by adding the following illustrations to Article IX of Chapter 118 of the North Richland Hills Code of Ordinances: FIGURE 1-14: ROOF MOUNTED SOLAR PANEL LOCATION & HEIGHT STANDARDS Packet Pg.59 C.1 r4 NORTH RQCHLAND HILLS STREET W1'9'''' Cw C7 02 U) � M 0 La 0 w L wOf w � a v� rn Z _j o w z < a NON-STREET ROOF SLOPE PANELS PERMITTED IBY RIGHT 'SOP EDGE OF SOLAR PANEL.BELOW19NSME ROOF R11©GELBNE: Section 7: Any person, firm or corporation violating any provision of the comprehensive zoning ordinance as amended by this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance Packet Pg.60 C.1 r4 NORTH KICHLAND HILLS are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Section 9: 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 10: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. Passed on this 8th day of December, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: George A. Staples, Attorney EXHIBIT A Packet Pg.61 C.1 r4 NO&TH KICHLAND HILLS SECTION 118-631:TABLE OF PERMITTED USES RESIDENTIAL DISTRICTS NON-RESIDENTIAL DISTRICTS [#J = Qmditions Reference Section 118-633 for specific conditions to listed uses P=Permitted by Right S=Special Use Permit Required [Blank]=Not Permitted H NP=Not Permitted o B=Defers to Base Zoning District o A=Ancillary o N C? 14 04 = N U N U 0 0 0 0 0 w 0 0 O U U O ¢ i -FI Accessory Building 1 P P P P P P P P P P P P P P P P P Solar Panel Systems 24 P P P P P P P P P P P P P P P P P Packet Pg.62 11/10/2014 digital.ol ivesoftware.com/Olive/ODE/FortWorth/Pri rtCom ponentView.htm Publication: Star Telegram; Date: Nov 10, 2014; Section: Metro; Page: 1B JI JI J� i t Y r 0 d' r 0 N F- ......w.p,�..C._ yam...,, w�-�- .^, .r^_ ,,,F '�,�,.,,.y,,.,_, ""..,.y°^.,�^^ °�� i.ra. da�,�� N _ .,, ti N d Justin Godsey of Green n in r l ui ons checks a recent insta1lation iin ICI rth Ricttlarid W111111111111111s. NRH looks t o sol �Ir L d L 01 Wit1h costs f IIllliin , panels, to generate i l - the past few months, CO LO the city has seelin an t.ri :iry is prompting mptin spo.keswoman Mary P - oh i � � RS f � as aid. Th � m ad iincrease in t n its o N cialsto loo.k into how to bemg Seery across 1e, :rig- � Gene Trainor regulate the increasingly gion, mcludmg at schools Spedall to the s ly TelI ralm affordable form of power.:r. in the Carroll district. E NORTH. Cary officials estimate at The, rend has :raised T � r.is:ir - liar 1 solar i lectrical rr i :r:ns on the City a mand from o:rrsum rs permits have been .issued Council that standards who want to use solar since 2010, about half, in more on SOLAR, 4B http://digital.olivesoftware.com/Olive/ODE/FortVVorth/PrintComponert iew.htm Packet,Pg.63 11/10/2014 digital.ol ivesoftware.com/Olive/ODE/FortWorth/Pri rtCom ponentView.htm Date: Nov 10, 2014; Section: Obituaries; Page: 413 � I owner needed a special- rector of Green O Energy business has been con- use permit to build the Solutions in Haslet and sumer education. He said system,which the council. Fanners Branch. A similar :misconcept:ions exist over Continued from iB approved 7-0. system today costs the costs,how the systems The homeowner,Julian $10,000 to $15,000, he work and how they 'look. Sandoval, said he was said.Electric company re- Texas' lower power costs need to be set. Members happy with time system,.He bates and tax credits can have also 'held back sales, questioned what happens looked at his electrical bring that down to$4,9 Hernmeline sari. to time panels during hail- meter can a sunny day and to$7,350. In Soutlilake, the Car- storms and whether they noticed that it vvas run- roll district is installing should be visible from the nin,g backward because 'Worth the cost' 1„912 solar panels on the front of the'house. the system was producing Some systems'heat water, roof of Carroll High ':'We have had a number electricity. but the electricity-pro- School with an expected of electrical permit appli- "'It subsidizes a 'lot of during panels are more November completion cations for these” Senior my power," Sandoval said. common, Godsey said.. date. The district expects Planner Clayton earn- The price for a solar pa- Given that the systems to spend $1.2 million but stock said at a recent net system has dropped typically have a 25-year has received a $550,000 council meeting. ""they dramatically the past five warranty,the an,nualelec grant from Oncor, district ° are starti:n,g to pop up in a years because of technol- trical savings vcark out to officials said. 0 lot of places:" ogy, new financing op- $700 to$900 for a 2,500- The solar array should N Councilwoman Rita Lions and increased effi- square-foot home, he save the district about � Oujesky said residents are ciencies from manufac- said. $60,000 a year in energy N increasingly concerned turing to distribution, so- Sandoval said he costs, district spo eswo- ti N about energy an,it the en- tar industry officials said. viewed the expense of in- mean Julie Thannum said. viromnent.She told Com- Nationally, installa- stallat:ion as paying for his Carroll Middle School, stock that the city staff tions of residential photo- electricity in advance. guilt hi.2011,has a 550-kilo- needs to propose rules. voltaic panels have in- "'It's very much worth +wrratt solar system. With its Q "II thinly we're going to creased X15 percent in the the cost;lie said. solar array and geothermal E see more and more of second quarter of this year if for some reason the heathig and coolhig, the this,"Oujesky said. °`l def- compared with the same scalar panel system fails, school operates, 37 percent d inite'ly think we need a time'last year,said Charlie most 'houses would auto- cheaper per sgUare foot than � policy on it."" Hemmeline, executive di- matically connect to the time average for other build- � The discussion was rector of the 'Ibxas Solar power grid. Generally,so- ui,gs ui the district,, ian- v0 sparked by a homeowner Power Association. tar systems provide an e - numn said. o who wanted to build a A system for a 2,500- cess of electricity that is overall,the district has � 56w0-square-foot ground- square-foot house would then bought by electrical found solar to be a great N mounted solar system on have cost $18,000 to companies. investment that cuts en- � his 2-acre property on $21,000 in 2009,said jus- Godsey said the most er,gy costs "tremendous- ~ TDouglas Lane.The home- tin Godsey, managing di- challenging part of the ly;"Thannum said. E ca Q http://digital.olivesoftware.com/Olive/ODE/FortVVorth/PrintComponert iew.htm Packet,Pg.64 (50111,0Z 211 : ZLZO 1u9W1! W00 Jo a9119-1 HNN :1u9WLl3B11d W) U a. 05-24"? 4 F'0 '� RCVD Q4 a June 23,2014 Sandra Barba 7/ Planner III North Central Texas Council of Governments P.O. Box 5888 Arlington,TX 76005-5888 RE: Letter of Commitment to the Solar Ready II Project Dear Ms. Barba, The City of North Richland Hills is pleased to initiate a relationship with the North Central Texas Council of Governments (NCTCOG) in partnership with the Mid-America Regional Council, the National Association of Regional Councils, the Council of State Governments, and Meister Consultants Group, Inc.,for implementation of the U.S. Department of Energy's Rooftop Solar Challenge II project. The Solar Ready II project aims to make solar energy more cost-competitive with other forms of energy by disseminating and implementing solutions towards removing market barriers, reducing soft costs, and streamlining and standardizing solar processes within the NCTCOG region. Establishing permitting requirements and processes that are efficient and based on best management practices is a simple but powerful tool to make solar energy affordable for businesses and residents. Ultimately,this project will achieve measurable improvements in the North Central Texas solar market conditions. Our local government is prepared to support NCTCOG in this Solar Ready II Initiative. We pledge a willingness to participate in discussions, evaluate solar processes, and to provide a consideration of our local policies to include best management practices that result from the Solar Ready II initiative. Sincerely, rt44 Mark Hindman City Manager s c .1,ox 820609 * P"1cai lh F?ic,h and P 971V:.1,TX 76182 wr,.bstai www tit ItIx.c:�cn.in Citizen comments received reaardina proposed solar reaulations From: Stacy Linderbaum [ Sent: Monday, October 20, 2014 10:41 AM To: John Pitstick Subject: Pending Solar Ordinance I saw on an agenda notice that the P&Z Commission was to have a discussion on a pending solar and wind ordinance. I did not see in any of the P&Z minutes that this was actually discussed. As the largest solar installer in the DFW area and the United States, we have an interest in any ordinances regarding solar installations. LO 0 Is there a proposed solar ordinance that will change how we can propose to install solar for our N customers in NRH? We have done 16 installs for NRH homeowners in past few years and have a number of pending sales right now. N ti I am also a volunteer for NCTCOG Solar Ready 11 project. NCTCOG is hosting a seminar tomorrow, Tues 10/21, on permitting and zoning issues regarding solar if you are interested in having someone attend. >_ Thanks, ° U Stacy N U w From: Richard "Larry" Howe [ r_ Sent: Monday, November 10, 2014 1:04 PM °_ To: John Pitstick; Clayton Comstock 2 Cc: Lucy Stolzenburg CL >_ Subject: North Richland Hills Looks at Rules for Solar Power v To: John Pitstick, Planning and Development Director ; Clayton Comstock, Senior Planner a� Cc: Lucy Stolzenburg, Executive Director Texas Solar Energy Society N U My name is Larry Howe. I am a board member of the non-profit organization the Texas Solar Energy Society (www.txses.M) and longtime resident of North Texas. E I see from today's Star-Telegram article, "NRH Looks at Rules for Solar Power", that North Q Richland Hills is considering processes and ordinances related to solar energy devices. I submit the contents of this email as input to your planning process and to be included as part of the public record for any upcoming public hearings related to the NRH solar ordinance discussions. As a proud native Texan, individual rights and individual independence are important to me and most Texans. With today's solar PV technology, residential consumers now have the choice to generate some or most of their electricity needs from local clean solar resources. They should be encouraged and motivated by simplified and streamlined processes that are focused on SAFETY. Many jurisdictions have addressed this safety focus in their permitting process to Packet Pg.66 cover electrical, fire, and building codes. The North Central Texas Council of Governments is currently working with cities across North Texas as part of their Solar Ready II Project (www.nctcog.org/solar). A key goal of the project is to help cities develop streamlined processes which in turn would help encourage the adoption of rooftop & distributed solar installations across the region. Below is a suggested simplified list of uniformly enforceable solar energy device related ordinances. • Solar energy devices are allowed. Along with energy efficiency investments, residents and businesses are encouraged to use available renewable clean energy technology to 0 reduce their electric load on the electric utility grid. 0 • Installed solar energy devices must meet all applicable safety requirements including N electrical, fire, and building codes. Simplified & streamlined permits are required, and the permitting process is in place to insure that applicable safety codes are met. ti • Solar energy devices that are to be interconnected to the electric grid must meet applicable interconnection requirements and approvals of the local electric utility. a� Deployment of residential solar panels is still a relatively new phenomenon. Therefore it is E normal for a few people to question their aesthetics. However, aesthetics is a very subjective o topic and as solar panels become a more normal occurrence, the aesthetic "concerns" will fade. Remember when many neighborhoods required wood shingle roofs because it was thought N that composition shingles were not aesthetically pleasing? That didn't last very long. v Also, ordinance restrictions for solar energy devices beyond those related to safety can be o difficult to uniformly apply and enforce. For example, most jurisdictions have found that trying c to enforce "no street visibility" for solar panels for aesthetic reasons can be easily challenged. That is, how can a jurisdiction allow some homeowners the consumer choice to CL install solar panels because their ideal roof surface (south facing) for solar panels is not visible v from the street, while prohibiting another homeowner from the consumer choice of installing L solar panels because their idea roof surface is "visible from the street". Similarly, if aesthetics is such a significant factor, then why would it be acceptable for someone to have to "tolerate" solar panels if they lived behind someone with solar panels on the rear of their house, but not be acceptable if they lived across the street from someone that had solar panels installed on the front of their house. v a� By the end of 2013, there were 470,000 total solar PV installations across the US. 155,000 of E those installations were completed in 2013. The numbers in Texas are still relatively small, but the numbers are not insignificant. By the end of 2014, Texas will be nearing 10,000 total Q installations. Residential solar PV installations have many benefits to the persons making the investment and to the larger community. A few of these are: • Residents that make long term investments in their homes to create LOCAL CLEAN energy will help themselves hedge and stabilize a portion of their long term electricity costs. Packet Pg.67 • They help reduce the peak electricity demand on the state's electric grid by producing electricity where it is consumed, thus reducing losses in electricity transmission systems. • They help reduce water consumption in North Texas, because unlike traditional electricity generation, creating electricity from solar PV panels requires no water. • They produce electricity with no air, water, or noise pollution. • They help the local economy through increased business sales revenue and the associated local jobs. In summary, it is recommended that the focus of ordinances for solar energy devices be focused on encouraging the deployment of residential and commercial rooftop solar (& other distributed forms such as ground mount solar arrays) and that the installations are done in a safe manner. o Residents must be allowed to exercise their individual right and consumer choice to make long o term investments in technology that would save them money and help provide for a cleaner N environment for themselves, their families, and their communities. N ti Best Regards, Larry Howe Texas Solar Energy Society Board Member E E 0 Comments for NRH City Council Regarding Proposed Solar Ordinance r- 12/1/14 -James Orenstein N U Please consider the following comments based on the P&Z meetings & subsequent discussions o with Mr. Comstock, and thank you for allowing me to participate in this process. c 2 SUMMARY: CL 1)Please consider the effect the proposed restrictions will have in limiting the number of options 0 for residents & reducing the opportunity for you to review SUP applications by "quality" L installers by reducing the number of these installers willing to go through the SUP process, in 0 particular in light of the increased competition for the reduced Oncor incentive program for 2015 (both $/watt&budgeted amount). a N 2) Please consider how the proposed Ordinance could be brought into better alignment with the U Best Management Practices (BMPs) being promoted by the North Texas Council of Governments (NCTCOG) Solar Ready II program (SR H), in particular: E * Removing the restriction on street facing rooftop panels * Removing the opaque screening requirement & modifying the height restrictions on ground Q mount systems 3) Please consider changing the 6 inch spacing requirement for rooftop systems to 18 inches to align with nationally accepted standards, such as the Solar ABCs Expedited Permit Process. DETAILS: 1) Oncor's 2015 Solar Incentives: These are significantly lower than last year, when funds ran out in early Aug., even though demand is expected to be higher. Oncor's service area extends Packet Pg.68 down to near Austin, so many more cities than those in the DFW area are competing for these funds: Incentive level down 8.3% (from what equates to about $1.09/watt to about $1.00) Residential budget down 33% (from $5.3 M to $3.6 M) 2014 Residential Program Results: 25 installers participated; 730 projects completed. This means that "quality" installers who are attempting to offer high yielding systems at a competitive price will tend to concentrate their limited resources (both time & personnel ) on jurisdictions in general & installations in particular that do not require a SUP process. LO 0 Details about Oncor's 2015 Solar incentives are now available on their website in the "Solar PV 0 kickoff Presentation" under Program Resources & the "Solar Photovoltaic Program Manual" C*4 under Program Manual (don't worry about the word Commercial in the page title; these documents cover both residential & Commercial): ti htlps://www.oncoreepm.com/Commercial.aspx 2) SR II Zoning BMP: Zoning did not make the "top 4" results from NCTCOG's survey of local jurisdictions' requested BMP focus areas, so they are not working on proposed regional E templates for zoning at this time. However, the national SR 11 program does have a BMP 0 document on this, & NCTCOG recognized that this has become more of a concern in particular jurisdictions recently by devoting the afternoon portion of their 10/21/14 training meeting to the subject of zoning. v w 0 References: c National Association of Regional Councils (NARC,) Solar Ready 11 Best Management Practices a for Planning Improvements, Address solar in the zoning code: CL htlp:Hnarc.or wwp-content/uploadsBMP-Planning-Step-1-PL-1-A-Address-Solar-in-the-Zoning v Code-and-Adopt-a-Solar-Ordinance_FINAL.pdf L d NCTCOG Training Presentation on Selecting Best Management Practices from meeting 10/21/14,pgs 62 - 80: 0 htlp://www.nctcog.org/trans/air/solar/Pennitting-Ordinance-Training_10212014.pdf U Regarding street facing rooftop panels: I agree with the points made by Dan Lipinski & Larry Howe &refer you to them. E Regarding opaque screening & height limitations on ground mount arrays: You might consider Q these for smaller lots, although I would not recommend it. Pole mount systems are almost always taller than 8 feet, but can be lower than the height limitations on accessory buildings. There are some examples in the DFW area which I can identify if you want, but many examples from the internet are easily found, for example: htlp:Hhighnoonsolar.com/photo-gallery/Residential/top-of-pole-mount 3) 6 inch Spacing Requirement for Rooftop Systems: This restricts the number of mounting options available & does not allow for designs which use larger spacings to increase system Packet Pg.69 performance by allowing better airflow resulting in cooler operation. You might consider something less than 18 inches for street facing panels, although I would not recommend it. References: htlp://www.solarabcs.or /ag bout/publications/reports/expedited-permit/ htlp://www.solarabcs.or /about/publications/reports/ex edp ited-permit/pdfs/Examplel- StandardStringSystem.pdf "Mounting System Information: 1. Is the mounting structure an engineered product designed to mount PV modules with no more than an 18" gap beneath the module frames?" 0 By way of introduction, I have been volunteering as a "Solar Advocate" as a member of the non- o profit North Texas Renewable Energy Group (NTREG, htlp://www.nLreg.org/ ) & as a N stakeholder with NCTCOG's Solar Ready 11 program (htlp://www.nctcog.orgZsolar ) & have experience & training in Solar PV in addition to my career as an Electronics Engineer. ti N r Thanks, d James Orenstein E Duncanville, TX c U d N U Larry Howe c Date:November 17, 2014 c To: John Pitstick,NRH Planning and Development Director Opitstick@nrhtx.com) a Clayton Comstock, Senior Planner(ccomstock @nrhtx.com) CL Cc: Lucy Stolzenburg, Executive Director Texas Solar Energy Society v My name is Larry Howe. I am a board member of the non-profit organization the Texas Solar Energy Society (www.txses.org) and longtime resident of North Texas. This is my second writing to North Richland Hills related to the proposed zoning ordinances for solar panel energy devices. My first d writing was an email dated 11/10/14. I submit the contents of this letter as additional input to your N planning process and to be included as part of the public record for any upcoming public hearings v related to the NRH solar ordinance discussions. d E Deployment of residential solar panels is still a relatively new phenomenon. However, across the US this number is approaching 500,000 installations, and in Texas now almost 10,000. While it might be normal for a few people to question their aesthetics, aesthetics is a very subjective topic and as solar panels become a more normal occurrence, the aesthetic "concerns" will fade. Remember when many neighborhoods required wood shingle roofs because it was thought that composition shingles were not aesthetically pleasing? These specific comments are in response to the proposed ordinance as outlined in the P&Z agenda packet for the Nov 20, 2014 P&Z meeting. Packet Pg.70 C.1.c (g) Solar panel systems. Solar panel systems which meet all applicable building codes as well as the following standards shall be permitted in any zoning district only after issuance of a building permit. (1)Roof mounted solar panel systems: a. Location: Roof mounted solar panel systems shall not be located on the roof slope facing a public street or any roof slope projecting from the primary front building facade. For maximum annual production, solar panels need to be installed facing south. Other orientations will reduce annual production. This means that roughly half of NRH homes could be prevented from installing solar panels for maximum production. Some of these citizens adversely affected by implementation of this ordinance might start asking for compensation from the city for lost savings based on their view—"Why should some homeowners be allowed to install for maximum production o and others not allowed based on the orientation of their homes?" 0 N If it is for aesthetic reasons, why would it be acceptable for someone to have to "tolerate" solar panels if they lived behind someone with solar panels on the rear of their house,but not be acceptable if they lived across the street from someone who had solar panels installed on the front of their ti N house? Those jurisdictions that have, and those that thought through the process of trying to enforce "no street visibility" for solar panels for aesthetic reasons found that it can be easily challenged through E the variation or adjustment board process based on uniform enforcement. That is, how can a v jurisdiction allow some homeowners the consumer choice to install solar panels because their ideal roof surface (south facing) for solar panels is not visible from the street, while prohibiting another N homeowner from the consumer choice of installing solar panels because their idea roof surface is v "visible from the street". c C 0 (2) Ground mounted solar panel systems. Ground mounted solar panel systems shall comply with all 4 a standards for permanent accessory buildings and structures, except: CL b. Screening required: An opaque screening fence shall be provided to screen the system from c adjacent properties. v d Visual screening of ground mount systems seems unnecessary. As stated above,if aesthetics is such a significant factor, then why would it be acceptable for someone to have to "tolerate" solar panels if J they lived behind someone with solar panels on their roof, but not be acceptable if they had ground N mounted systems. v 3) Special use permit provision. Properties not able to justifiably meet the location criteria provided herein may apply for a special use permit. ca Requiring a special use permit for any routine aspect of residential solar installations will be most Q likely viewed by local citizens as a hindrance to the process and put NRH well behind other North Texas cities. Most jurisdictions are striving to streamline processes for installations to be 7 days or less. A best case 30-day SUP process is excessive and not competitive with most area cities. Even Texas HB 362 governing HOA guidelines for solar energy devices has a very simple step for street- facing installations that does not delay the permitting process. The other aspect of SUP which can enable a neighbor's opinion to potentially block a person from making an energy investment in their own property seems like a process for cultivating future neighborhood disagreements. Packet Pg.71 In summary, it is recommended that the focus of ordinances for solar energy devices be focused on encouraging the deployment of residential and commercial rooftop solar (and other distributed forms such as ground mount solar arrays) and that the installations are done in a safe manner. Residents must be allowed to exercise their individual right and consumer choice to make long term investments in technology that would save them money and help provide for a cleaner environment for themselves,their families, and their communities. Best Regards, Larry Howe Texas Solar Energy Society Board Member o 0 N From: Stephen Blackburn [ ] Sent: Thursday, November 20, 2014 6:22 PM Cc: John Pitstick; Gayton Comstock; Mark Hindman ti Subject: Agenda Item No. C.8: Comments on the meeting tonight with respect to Solar FIV restrictions Greetings: B It has become clear I will not be able to attend the meeting this evening regarding Ordinance v 3343. I write only to say that I understand the driving force behind the Special Use Permitting process for solar installations is based on aesthetics, and I wish to make a quick comment to be N included in the public comments about the P&Z recommendation. v w O While such an argument has superficial appeal -- it completely falls apart when your city fails to 0 bury power lines. Power lines are terribly ugly, yet no one gives them any thought: 2 Q z O N / l�lai i�ri� K- E t v <a My hope is that you understand and ever un-see: 1)how ugly power lines are and 2) that they are tolerated simply because they are necessary to deliver energy. No matter what you might think of the appearance of solar panels, they are necessary to: 1) create jobs and expand tax revenue (not only installation jobs and electrician jobs, but solar panels are made here in North Texas by 1 SolTech in Farmers Branch); 2) ameliorate the bad air quality in North Texas; Packet Pg.72 3) provide distributed and backup power generation; 4) ultimately increase property values. In 2006, a new solar array was installed in the U.S. every 80 minutes. In 2014, a new solar array is installed every 4 minutes. There are a lot of reasons for this mainly having to do with solar energy becoming more affordable, but at the end of the day this statistic makes it clear that a municipality that tries to stem this shifting tide is going to risk losing its best and brightest most forward-thinking residents -- people who know God gave us His only Sun to enjoy and put to good use. Sincerely, o Stephen Blackburn o N H From: Bill Twesten [ ti Sent: Saturday, November 22, 2014 12:29 PM N To: John Pitstick, Clayton Comstock Subject: d B Mr. Pitstick, c U I'm am the owner of the home located at 7005 Ridge Crest Drive, North Richland Hills. I N understand that the city of North Richland Hills is preparing to vote on an ordinance that will affect future home owners that wish to install solar panels such as those installed on my home, - which I have been informed have been used as an example of being esthetically unappealing. r_ Unfortunately, as I am traveling I am not able to attend the various meetings being held in regards to this subject. Therefore, I have prepared this email as my statement and opinion CL regarding any solar panel ordinance and voting on said ordinance. That being said, my comments c should be included as part of the public record and will be forwarded to those that are involved in v this matter. d Speaking for myself, the panels are probably the most sensible improvement I have made to my home. The system has helped reduce my energy expenditures by 25% to 35% annually. They are maintenance free and environmentally friendly. I haven't had any negative comments from my v neighbors and if anything I have found that potential buyers of our home speak positively about the solar system and its benefits. It is my opinion that any complaints of the panels being E esthetically unappealing are claims that are not considering the positive effect the system has on one's wallet and the environment. In today's environment of debate regarding global climate Q change, I would think that North Richland Hills would rather be counted as a supporter for helping improve the environment rather than impeding that initiative. Bill Twesten b.twestenLsbcglobal.net (c) 817-964-2336 Packet Pg.73 From: Jim Howerton [ Sent: Tuesday, November 25, 2014 9:18 AM To: mhaynes @nrhtx.com; mbenton @nrhtx.com; dbowen @nrhtx.com; rshiflet @nrhtx.com; kluppy @nrhtx.com; wschopper @nrhtx.com; jtyner @nrhtx.com; John Pitstick; Clayton Comstock; Mark Hindman; scooper @nrhtx.com Subject: You've got our attention Your proposed ordnance on solar installations is in violation of state law. In Texas, no HOA can prohibit homeowners from installing solar energy systems on their rooftops, fenced-in yards or patios. It has garnered the attention of groups that have the dollars to sue. That is how I learned of it. How many tax payer dollars are you willing to waste on a doomed ordinance? How many LO dollars are your businesses willing to forgo because of it? Are the members of your local chamber of commerce aware that you are planning to generate a loss of business for them? Did o you really believe no one would notice? C*4 N ti N From: UmbrousSoul [ ] Sent: Tuesday, November 25, 2014 9:47 AM To: mhavnes@orhtx.com d Cc: mbentonCa-nrhtx.com E Subject: Who do you work for. (Don't bother answering, I already know.) c U I demand to know who you work for and do not lie to me because I already know you work for N the industry. U w O Why are you working AGAINST your constituents, the very people who gave you your positions c and pay you your salaries? Q It is probably because you are just Fossil Fuel Industry GOONS who are corrupting the system v so you can unfairly do things that we do not want you to do. L d Solar is the future, without it you will all perish awful horrible deaths in a wasteland you create 0 for yourselves with your toxic monopolistic nightmare that is against everything that the REAL a US is about. _ U You are simply serving your corporate overlords because you are corrupt, like the rest of the US public sector. You are nothing but corporate goons put into positions to further the corporate E agenda, even if it means poisoning you, your wife and your children! How could you be so pathetic? How could you be so subhuman as to throw away all life on the planet for a value-less Q piece of paper? How could you be so despicable as to not even deserve your life since you are ungrateful to the planet that allows you to have one? Why do you hurt your own populous (that you are suppose to be serving) more than the so called "Terrorists" over-seas that the fake corrupt US "government" wants us to all be afraid of? Packet Pg.74 The US is suppose to be leading the way in new technologies and the world as a whole but instead the US is the worst place in the universe, actively poisoning their own civilians and destroying their prosperity, happiness, health and their ability to even exist in the first place. Just like the US, you are a failure and an utter disgrace and you would serve the world better as the carcass you pretty much already are, rather than continue to be allowed to exist so you can destroy everything for value-less pieces of paper that humans MADE THE F UP. You are so pathetic it isn't even funny. Cease your corrupt agenda and remove your fake "legislation" that will only hurt civilians; Both LO their health and their prosperity. 0 Honestly, I hope people install road-facing solar panels just to spite you and when your goons � come to harass them I hope your goons get shot on sight as Enemy Combatants of We the People, that'll show you who is really in power you halfwit inbred hick fools. ti N r Go suck more for oil, because you are all pathetic failures and a losers (Reality, not opinion.). 0 E E What goes around comes around. 0 You harm, abuse, and ruin people in the US and someday all of that will happen to you a crooks who don't even deserve your wretched lives. _ U w Now be-gone, peasants, I have real work to do helping the world stop evil retards such as 0 r_ yourselves. 0 2 Q E 0 U From: Katherine Mauldin [ ] Sent: Tuesday, November 25, 2014 10:22 AM To: John Pitstick � Subject: Solar restrictions 0 N I hope that you can find it in your heart to let the resident make their own choice for the energy v that they want for their hopes. They will be making a positive effect on the environment. E From: Katherine Mauldin [ ] Q Sent: Tuesday, November 25, 2014 10:24 AM To: Clayton Comstock Subject: Solar restrictions Please give your resident the power of choice for their energy needs. From: Tom Smith [ ] Sent: Tuesday, November 25, 2014 12:07 PM Packet Pg.75 To: mhaynes of nrhtx.com; mbenton of nrhtx.com; dboweno_nrhtx.com; rshiflet nrhtx.com; kluppy@Lrhtx.com; wschopper(cnrhtx.com; scooper@Lrhtx.com; itvner&orhtx.com; John Pitstick; Clayton Comstock; Mark Hindman Subject: Solar Panel Zoning Dear members and others involved: I would like to add my voice in favor of allowing solar panels even though visible to the street. Switching to alternative energy and sharply curtailing greenhouse production is crucial to this planet. It far outweighs any concern for aesthetics. In addition, with the certain rise in temperatures that are now unavoidable, our current energy system will fail under heavier o loads. Being a proponent of green energy, I actually think the sight of solar panels is an extremely hopeful one. Our descendants are at our mercy. Thank you for your consideration. N William T. Smith 19645 Cypress Church Rd. N Cypress, TX, 77433 d >_ From: Doug Verret [ ] >_ Sent: Wednesday, November 26, 2014 11:49 AM v To: mhaynes @nrhtx.com; mbenton @nrhtx.com; dbowen @nrhtx.com; rshiflet@nrhtx.com; kluppy @nrhtx.com; wschopper @nrhtx.com; scooper @nrhtx.com; jtyner @nrhtx.com; John Pitstick; N Clayton Comstock; Mark Hindman v Subject: Solar Panel Ordinance c 0 Dear Manager, Director and Planners: Q I am writing this email to ask you to reconsider the ordinance to constrain the installation of solar c panels. This ordinance is ill-conceived and has not been thought through as to consequences. v Solar power generates electricity with no global warming pollution, no fuel costs, and no risks of fuel price spikes, and has the potential to help move the country toward cleaner, reliable, and affordable sources of electricity. N On the other hand electricity generation that is based upon fossil fuels dumps tons of CO2 into v the atmosphere annually, has costs which are volatile, depend upon the geopolitics of the moment, and is subject to disruption due to the unreliability of the grid because of peak demand E during heat waves and catastrophic events. Lastly, because of recent EPA regulations it is not at all inconceivable that it will be necessary to Q add scrubbers and/or use carbon sequestration methods and/or mandate rolling brown-outs in order to comply with air cleanliness standards. These potentially increase energy costs which are mitigated when households utilize renewable sources of energy. The potential for cost increases diminishes in proportion to local utilization of alternative sources such as solar. For all these reasons, I urge you to abandon this ordinance which is short-sighted and parochial to the extreme. Packet Pg.76 C.1.c Sincerely, Doug Verret From: Sue Lee To: Clayton Comstock Subject: All for Money It is typical that some people fight the changes that would help the environment to further their own agendas rather than that which is logical and necessary. Shame on all who do so. 0 Yours truly, o SLM N ti From: Jay Squyres [ Sent: Thursday, November 13, 2014 10:08 AM To: Clayton Comstock 0 Subject: NRH Solar >_ >_ 0 Hello Mr. Comstock, U 0 My name is.by uyresand my HOAtried to restrict filar on my house, in our aty, and in our State (since it is illegal for them to in my HOA.) They sued us twice, spent over$100,000 of our dues on w attorneys,and have brought filar to the news several times, making them look awful! I can forward ° r_ stories if interested. 0 2 I wanted to provide some information for your F&Zmeeti ng-which I was told I have until noon today E to submit. Information is below: ° U L A) Here is a picture of my home. We are the first NIETZIM home in Rower Mound. Video of our property from the air: https://www.youtube.com/watch?v=1plbxFv4 70 _J f 0 N U 0 E Q u i Packet Pg.77 C.t.c B) Here is a picture that my neighbor James bhnson can see from his yard. He spoke to our Town Council saying he LOVESSDIar. Video here: https://www.youtube.com/watch?v=91YV-h5PTd8 4 rr O n rr r i r N i „ r � iBi AJlriiri/ir it/r J/ i� ii�ii/ r J9,',r r �Pr' ,�W ✓a �' Ji ku�rYr�!!ti� i r rvY r- //�f�� U) E i rr/✓d Jr 1 J f a� r i� O N �riiJ�//�1 YJ�rJ f 'J�a�i!��(/��!�"r� i J %y' l ivr9�� ✓�� J;, °l� f ) IJrj t'r /JO it (rr I 1>rr J Ifi �/ r r 1rc1N ! 1 J �Jr i r rl O / J D y Jir �i arrlJ � �c 1 rl� i � yr r y V fl, r.ri,.rrau„r.FY✓lrn�� ;aliliiAraiiGiJ,A�%i ,r � C) Our town didn't like ANYof the solar restrictions my HOA wanted. rHere isthe history: Restrictions removed: CL 05/08/14 0 a) Minimum lot size of 2 acres for Ground mounted Solar panels. v b) Ground mounted systems should only be approved upon approval of specific use 2 permit. c) Ground mounts should be lower than 5 feet. d) Roof mounts should not face any public street. N e) Ground mounts should be screened equal to or greater than the highest point of v the ground mount. f) Shall not exceed total number of kilowatts needed for a house. E g) Ground mounts can only have 1 system installed, no multiple locations. h) Penalties. Fined $2,000 for each offense. Q 07/02/14 a) Ground mounts CHANGED, should be lower than 8 feet. b) Ground mounts CHANGED, should be screened by 6 feet. c) Removed Penalties. LDR will cover. 07/21/14 a) Town Council REMOVES 80% maximum roof coverage. b) Town Council REMOVES all screening requirements. Packet Pg.78 c) Attorney notifies us not enough votes with 2-1. Rescheduled for Aug 4 '. 08/04/14 a) Town Council REMOVES accessory usage rules. Does NOT count towards number of outside structures. b) Town Council REMOVES Secondary engineers seal being required. c) Town Council REMOVES all screening requirements. D) Our town asked me to accept a prodamation for our filar work! N N N r d E E O U r � d N INS U w O O <a Q >_ O U L d J d N U d >_ t v <a Q Packet Pg.79 Offire, of OjeAlm fff WHEREAS,'ihe Naflornat Texas, Renewa to Energy y Group in cooperation wile the o Texas Molar Energy Society and gfne American Solar Energy Society � National Solar Tour has organized its 50'annual DFW Sofar Tour on o Saturday October 4,210K arnd C*4 WHEREAS, tho tourr enad*s residents to tour kinOValliVe green homes and l i � ti buddi s around tkne T l roptes and learn nw homeowners anid businesses can use solar energy, whnd emner°dy, energy efficiency,and Ober stmbstamnatnte terndnollogifec and 8R S, homeowners and National 'Texas Renewable E emgy Group d a4unitaars M11 the available at each tenor site to proWde q�ntrrrrnnatton E o an education at oul rer wafte o nergy tr tattattors, techotogtes and errpuertenoes and v d WHEREAS, hnfomnnatgr�rn about the touri, i nctudtng ° tsrtunng tuoum , rrmap , 6rectiomns and brief propienly descrilyntd'orros and phots can be found at v h° I rmotarrow or g;and o :_ 0 NI OW,,T B ORE, t„ ThnoFnsnas Ip, Hayden,, Mayor of the Town of Flower Mound, ..w Testis and on tnehaff of the members of the Towrn t�n,m6� , do hereby pfootaurn 2 CL VFW Solar Tour Day L urm FBower I Mound and era,,*urage All resndernts to frndcn Itim, tour and tuudder, ipivo tufq recogniiOoni to the dedicated n.rr.mpany s, sons and vMunlmets who have � r;olnntlrtbnt>ed so,much tfnnme and effort 6n makIn g this project a suc ess, d N PROCLAIMED AND SIGNED on tlhts the t Bun'(lay of September,21014, U s= .. , , utst�amm„ �sm�rmm st t"t�snuurr.., eumrrtuI Q D) Our town Pep that our HOA had introduce 5alar restrictions last session,will not this year. Here is his letter: Packet Pg.80 C.1.c 0 Q N H N ti N r d E E O U d N U w O C O <a Q >_ O U L d J d N U d >_ M v <a Q We pulled SDlar permits from all Cities in DFW. We are still missing dozens of cities, but there are currently 1,731 homesthat have 5alar on them,25%are on the front of the homes. Here is a map of all the locations and the link: https://www.ggogle.com/maps/&32.8511605,- 97.0725026,1OzJdata=!3m1!4b1!4m2!6m1!15Z TgQAGMoGtO.k,/1sucvW e0g Packet Pg.81 C.1.c 0 Q N H N ti N r d F) FedEx opened the largest commercial system last week in Hutchins, Dallas County. Cost was E $2.19/watt: v N w O r- 0 <a CL �.a c ME i G) Our energy Company Reliant (NRG)is aggressively trying to get people to install filar. You can install with NO MONEYOUTOF POCKErwith a Lease, or you can buy a system that will pay for N itself in under 3years. Below is their email: U If I can be of further assistance, PLEAffi ask me! E Jay Squyres a APE W 972-409-9500 972-409-9501 fax www.apexexpress.net Packet Pg.82 From: NRG Home Solar [mailto:insidesales(a7roofdiagnostics.com] Sent: Thursday, November 13, 2014 9:12 AM To: iays@gpexexpress.net Subject: Get $500 by Going Solar Hi, just a reminder that you've received a quote from Roof Diagnostics Solar/NRG Home Solar. You may unsubscribe if you no longer wish to receive our emails. O r O N W H N i C4 Got,,, Co�ld as E E 0 U °j 10 CL 6 G 9 III I` l�iu tr 'f (a E v�;ru e ;�.w aw �u � w' ��I ir m them r Krl1%r,itk. / J / illr, I n r / Packet Pg.83 �I c 0 N W H N I,. r► �r N �y r N E E O U N N U C o mI O �He 2 Q E O U L d Terms and conditions and eligibility requirements apply. See your NRG Home representative for details. To receive $500 payment, you must y have NRG Home solar equipment successfully installed on your roof. Payment will be made following final completion of your solar system J installation. NRG Home reserves the right to revoke or change this promotional offer at any time without notice. NRG Residential Solar C Solutions LLC d/b/a NRG Home is a wholly-owned subsidiary of NRG Energy, Inc. NRG Home is a registered servicemark of NRG Energy, Inc. N N (c) 2014 NRG Energy, Inc. All rights reserved. U d E v Forward email +� r� a dw ul'uvi ti u VC�naf?Conf Litt This email was sent to iays@apexexpress.net by insidesales CaDroofdiaanostics.com Update Profile/Email Address Rapid removal with Safe UnsubscribeT" Privacy Policy. Roof Diagnostics Solar 1 2333 Highway 34 South I Wall I NJ 1 08736 Packet Pg.84 l f Step 1, PL1-A Address Solar in the Zoning Code and Adopt a Solar Ordinance Address solar in the zoning code 0 Zoning codes, solar ordinances and comprehensive plans can establish the vision and goals for solar development within a c community. These documents can establish solar as "by-right" or"as-of-right," and set forth clear guidance for the C*4 development of rooftop, ground-mounted and large-scale solar systems. This process can remove major procedural barriers for solar deployment by creating a precise,regulatory pathway for solar-energy development. Examples of such ti N policies can include integrating solar into comprehensive planning documents and/or subdivision regulations,waiving or modifying aesthetic requirements, and encouraging solar-ready construction for new development.Zoning code language can also address solar in historic districts/structures. o a There are several common practices for integrating solar into existing zoning documents to encourage solar development: 2 • Establish clear"as-of-right"zoning procedures for the installation of small- and large-scale photovoltaic(PV) systems in appropriate districts. L • Small-scale residential and commercial systems should qualify as accessory uses and be permissible in all zoning c co districts. L • Solar systems can be exempted from unreasonable restriction by homeowner associations and other governing covenants. °- • Height requirements on principal building structures may inadvertently restrict roof-mounted solar development. m Exemptions should be outlined in zoning ordinances or codes for solar systems. Similarly, setback requirements may also inadvertently restrict optimal deployment of ground-mounted systems. • Accessory uses can be restricted by lot regulations. For example, some municipalities count solar systems towards ca impervious surface and lot coverage requirements. Since ground-mounted solar systems are elevated from the o co ground, they are not an impervious surface. These restrictions should be modified to appropriately consider solar installations. d • Review processes for solar installations in historic or other special zoning districts can inhibit solar development M by increasing labor costs through delayed installations. Care should be taken to make solar provisions for historic districts minimally restrictive.A solar ordinance could outline approval processes for solar systems which will not Q significantly impact the aesthetics of the zone. • New subdivisions or developments can be required(or encouraged) to consider solar systems in their design process through subdivision regulations. This might translate into consulting solar-ready construction guidelines (see Step 2-1A), optimizing building orientation for active and passive solar access and documenting that such options were considered. For inforr�naton on Solar Ready 11 a iid the Best Mana e'tnent Practices visit btt :Ihi rc.or /� nipsd ��wwrrn�r��y TFus r Wrteu� Award Di 1r , l i / �r 11 of wn Is based upon work sup'an Muted by the I.D.S.De�?mt enk trot EnergY Under tlurnbe r DOE-EE'Ck4�2�475'�Sttt. n� U.S. CDe 7rartrmP,nt of Fn(,r'q Packet Pg.85 Examples State of Minnesota, Division of Energy Resources: Updated Model Ordinances for Sustainable Development In February 2014, the Minnesota Division of Energy Resources updated its guidance on ordinance development for solar energy systems. The document contains key considerations for developing solar-friendly zoning procedures in both rural and urban communities. The document also provides a model ordinance for accessory and principal solar PV and thermal systems.http://mn.gov/commerce/energy/images/ModelSolarEnergyDevelopmentStandards.pdf The American Planning Association:Model Solar Ordinance from Across the United States The American Planning Association released a document compiling solar zoning ordinances from across the United States. Examples include ordinances from jurisdictions of different sizes, and include several different options and approaches for improving regulatory conditions for solar development. www.planning.org/pas/infopackets/open/pdf/30revpart5.pdf ,n 0 Kansas City, Missouri:Promoting Sustainable Development Practices in Kansas City c Kansas City, Missouri, developed a comprehensive guidance document to encourage the development of renewable `*' energy and other sustainability projects in its communities. The guidance document includes examples of existing planning and zoning actions taken to encourage renewables, and outlines next steps for zoning policies for solar,including ti N promoting solar access. www.kcmo.org/idc/groups/cityplanningplanningdiv/documents/cityplanninganddevelopment/sustaindevttrpt 050912.pdf 0 State of Connecticut, Energize Connecticut, An initiative of the state Energy Efficiency Fund, the Clean Energy Finance and Investment Authority, and local electric and gas utilities. o The Connecticut Rooftop Solar PV Permitting Guide contains a section on drafting model solar ordinances. a www.energizect.com/sites/default/files/uploads/°/a28 1°/a 29°/a 20CT°/a 20Rooftop°/a 20Solar°/`20PV°/`20Permitting%20Guide 30 %20vl.0.pdf L O CO L O W a m ca d L O CO d E V Q Packet Pg.86 �Datl i December 1, 2014 City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 For inclusion in the December 8, 2014 City Council Public Hearing Packet • 105 North Richland Hills residents were directly contacted with a "solar' survey form (copy attached). This included neighbors of more than 50% of all NRH solar homes listed in the NRH PIR spreadsheet. 90.5%favor solar equipment on homes. 70.7%favor allowing their neighbor to install solar equipment. This 70.7% figure is essentially identical to the o 72% of Southlake residents favoring solar in their surveys. (Data publicly available on the Southlake website.) The attached graphs summarize the NRH survey results. N • Sean McAughey, President of the Hometown HOA in North Richland Hills, told me the HOA allows solar panels mounted on member homes in any direction the Association, including street-facing. He said nearly a dozen ti HOA members have solar panels. N • July 21, 2014, Burleson, Texas rescinded its "solar" ordinance and returned to a permitting system, allowing Y installation of solar panels on homes by right, with no restrictions on panel direction. U) Q • At the October 21, 2014 NCTCOG meeting on Solar Permitting and Zoning, Mr. Ismael Rivera, Chief Building � Official of Benbrook, Texas, announced Benbrook removed all aesthetics restrictions on solar panels, including restrictions on panel direction because "restrictions were found unnecessary, and not wanted by their citizens". 0 • 6,129,053 Metroplex residents live in 211 communities as of latest census figures. Research shows 95.9% of a all Metroplex citizens may install solar panels on their homes in any direction by right through a simple permit process. d • Lack of a "solar' ordinance in a city does not imply lack of action by that city. 93.1% of Metroplex communities, including Dallas, Plano, Frisco, Garland, Irving, Arlington, Fort Worth, and others have no formal solar ordinance v These cities and others determined simple permitting with existing ordinances was sufficient. 95.9% of all Metroplex communities, including those with ordinances, allow installation of solar panels by right. E • Flower Mound commenced action on an aesthetics-based ordinance earlier this year. After input from their residents and industry experts, they removed all aesthetic references and restrictions, and passed an ordinance Q focused exclusively on safety. Flower Mound residents may install solar panels on their homes in any direction by right and by a simple permit process, with the ordinance establishing safety requirements. Ground-mounted systems do NOT count toward the accessory structure limit. • Texas Statute HB362 enacted in 2011 overrides HOA restrictions on solar panels. HOAs must allow residents to install solar panels. HB362 does not allow neighbors to have a voice in the issue. If a homeowner's preferred direction for the solar panels produces 10% or more energy than the HOA's preferred direction, the homeowner prevails in his choice of direction. No screening is required for roof or ground-mount systems. • In March, 2014, NCTCOG stakeholders selected simplified permitting as the preferred Best Management Practice for solar panel installations in the Metroplex. NCTCOG has an example permitting checklist on their website. It includes provisions for installation of solar panels in any direction on a roof and advises no Professional Engineer is required for systems of less than five pounds per square foot load on the roof. (Solar panel systems typically represent less than 2.7 pounds per square foot.) • At a recent North Richland Hills public meeting, NRH resident Lori De La Cruz asked city officials how many complaints the City has received about solar panels installed on homes. Answer: "None." Packet Pg.87 pMini n of Solar Energy Equipment on Hoarse 0 80 0 i 0 0 i Favor Opposed No Opinion No Reply o N H N ti N r Likelihood of Buying a "Solar Home N CL 70 60% 10 � ° , 0% Q More Equally Leas No Reply (A home with solar energy equipment already installed prior to sale.) Packet Pg.88 Likelihood to Buy A Home Next to "Solar" Horne 60 .......... ........................................... 40% 0 j 10 �I1111 O More Equally Less No Reply 0 N H N ti N Opinion of Neighbor Installing Solar Equipment i2 CL 70% 0 ��1/// 40 20% ul Favor Opposed No Opinion No Reply a Data obtained from 105 North Richland Hills residents between September 29, 2014, and December 01, 2014. One survey form provided per household, but each response may represent more than one voter in that home. Special effort was made to contact North Richland Hills neighbors with a view of existing solar equipment, particularly street-facing systems. Neighbors of more than 50% of the "solar" homes listed in the spreadsheet provided though a Public Information Request are represented in this survey. Packet Pg.89 C.1.e North Richland Hills Solar Energy Survey Response Form Results to be presented to the North Richland Hills Planning and Zoning Board & City Council Name: (PLEASE PRINT) Address: Zip: Phone# (optional): E-mail (optional): CIRCLE THE BOLD ANSWER MOST APPLICABLE TO YOU: ��JJJJJJJJ llu 1. How aware are you of Solar Energy Technologies? Very re Sli htl aw sure Unaware ff�� 2. Are you in favor of opposed to or have no opinio�J�Ilj��J bout solar energ ms on h s?�� o 3. Do you have any solar energy technology inst JIIII��llllo111i�� JJJ es No N Ll 1 — If'Yes', what type? Solar Thermal hot r P voltaic tricit Both types N jjjjjjjj N 4. Would you be more less or °"�� as to home that w equipped with — solar energy systems? Q 5. Would you be more or a 1 � kely to , �% home next door to or near a home that �, 7 kill, �was already equipped wi nergy syst r_�00� � �„ 6. If you owned a home next doo ,�r i I fj cross' stre � a ho a where the owner wanted to install solar en equipment, w o ��I�O 'n ' r of osed to or have no opinion about allowing so? �I ,�i1111111111111111111�1i1� �� Ili I�IO��>]I�� 1 IIII' ? V 7. If cost were not an tacl likely wof II u be to all solar energy equipment ment on our home? "' y J� � 9Y q p Y .. III�11� j� C �( � r 1 .. 2 .. �� 5 bly 7 .. 8 .. 9 .. 10 = Definitely (0-10) E CO IV TS: I� IOIOIOIi' a Signature: Date: Packet Pg.90 C.8 TR 2014-05 Public Hearing and consideration of amendments to Sections 118-1, 118-718, and 118-719 of the North Richland Hills Code of Ordinances (Zoning Ordinance) regarding regulations for solar energy systems and other accessory structures. Senior Planner, Clayton Comstock came forward to present the staff report for the proposed amendments of solar energy systems and other accessory structures. Staff recommends approval. Chairman Randall Shiflet opened the Public Hearing. 0 Julian Sandoval, 7820 Douglas Ln, NRH is opposed. Mr Sandoval does not agree with 04 the opaque screening and feels installation can be installed on front of home. N ti Jim Duncan, 486 Woody Rd, Azle is opposed. Mr. Duncan believes city is taking the choice away from citizens to choose how they decide to get their electric power. Kin Pier, 6700 Parkwood Dr., is opposed. Mr. Pier wants to know why there is any E objection to installing solar on the front of home. His utility bills have decreased by r- having solar. 0 Larry Howe, 1717 Cathedral Dr., Plano is opposed. Mr. Howe asked the question why E is it acceptable for people behind to see the solar installation but not people in front? If opaque screening can been seen from the roof, what's the restriction from seeing them on the ground? Requiring citizens to get Special Use Permit may affect half of our o citizens and feels it is not competitive with other cities. N 06 CM Dan Lepinski, P.O. Box 821542, NRH is opposed. Mr Lepinski believes placing restrictions on solar panel insulation will make it more challenging to obtain permits, less permits cost will rise, more permits price will lower. Mike Renner, 325 Newsom Mound Rd, Weatherford is opposed. Mr Renner believes N that everyone should have access to having solar panels even homes that face the south. 0 E James Orenstien, 1802 Rocky Creek Dr, Duncanville is opposed. Consider removing restriction on front installation of solar panels and opaque screening and any height a requirements. Tamara Cook, 161 Six Flags Dr, Arlington with North Central Texas Council of Governments. They are supporting a project called Solar Ready II, whose goals are to work with local government to prepare them for the solar growth. Lori Clark, 1619 Stoneway Dr., Grapevine with North Central Texas Council of Governments. Packet Pg.91 APPROVED Mike Benton motioned to approve TR 2014-05. The motion was seconded by Don Bowen. The motion passed (4-1) (Schopper). 0 0 N H N ti N r d 3 O U) N E E O U S C O N 06 CM E <a CL N r d E t V f� Q Packet Pg.92 r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: ZC 2013-18, Ordinance No. 3346 Public Hearing and consideration of a request from Donald Cheeks for a Zoning Change from "R-2" Single Family to "R-1-S" Special Single Family on 1.943 acres located at 8213 Forrest Lane. (Withdrawn by Applicant) Presenter: John Pitstick, Director of Planning & Development Summary: Donald Cheeks is requesting approval of a zoning change from "R-2" Single Family to "R-1-S" Special Single Family on his 1.943 acre property at 8213 Forrest Lane. Mr. Cheeks has recently built a home on the property and is now requesting a zoning change for the primary purpose of also requesting a Special Use Permit for an accessory building greater than 500 square feet in size (Case SUP 2014-12), which is being considered concurrently with this request. The original request was made in 2013 prior to the April, 2014 City Council work session that created the policy for encouraging R-1-S only within rural estate areas. (Applicant is formally withdrawing application due to ordinance changes affecting accessory buildings) General Description: EXISTING SITE CONDITIONS: A new residence has recently been completed on the property. The southeastern third of the property is also encumbered by the 100-year or 1%-chance floodplain. PLATTING STATUS: Lot 13, Block 3, Woodbert Addition EXISTING ZONING: "R-2" Single Family Residential. The property was rezoned from "C-1" Commercial to "R-2" in 2008. PROPOSED ZONING: "R-1-S" Special Single Family Residential. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential' for this area. This change in zoning would be consistent with that category. SURROUNDING ZONING / LAND USE: North: R-3 Single Family Residential / Low Density Residential South: RI-PD Residential Infill Planned Development/ Low Density Residential East: C-1 Commercial / Retail Packet Pg.93 C.2 r4R NO&TH KICHLAND HILLS West: R-2 Single Family Residential / Low Density Residential THOROUGHFARE PLAN: The property is landlocked but has access to Forrest Lane via access easements through two adjacent lots. RECENT R-1-S DISCUSSION & ORDINANCES: Mr. Cheeks originally approached staff and made application in 2013, before the April 2014 Joint Work Session with the Planning & Zoning Commission and City Council where the appropriateness of "R-1-S" zoning districts was discussed. Staff indicated to Mr. Cheeks at the time he originally submitted that if he wanted a large accessory building, the "R-1-S" zoning was his only option. Staff has also drafted Ordinance 3343 addressing accessory building sizes for large lots. Under the proposed ordinance and his existing R-2 zoning, Mr. Cheeks would be permitted a 1,000 square foot accessory building by right, but could still request an SUP for a building larger than 1,000 square feet or to vary from other accessory building standards. Mr. Cheeks' proposed building is 960 square feet. He is, however, proposing to provide only a 4-foot masonry wainscot on all four sides. Recommendation: n/a Packet Pg.9 C.2.a moods Liam SayEIs Lim M N }} 00 ✓s' C CL m A .v 00 c%> Q N E Q N SUP" 201,41-12 - Special Use P e rirrm its . iry Building 8213 Farrest Leas Fe et Prepared by Planning 11/0 "14 0 5,0100 200 Packet Pg.95 -----Original Message----- From: Gmail [mailto] Sent: Tuesday, December 02,2014 9:09 AM To: Chad Van Steenberg Cc. Pandy Cheeks &Abject: Zoning Change for 8213 Forrest Lane Chad- I would like to withdraw my zoning change for 8213 Forrest Lane due to the codes changing at the city. I do want want to keep my SJPin place for the wainscoting on my building. Can you send the refund to my house address? Thank you Pandy Cheeks r, P,egional Director of Operations o PCFM G U N N co N r N d 3 Cr d �a 3 is L d CU U E r- 0 N d >_ t v <a Q Packet Pg.96 C.2.c co 1 l r .� M 0 u N Nr N co CL co I 0 N U E Q SUP" 201141-12 - Special Use P e rirrm its , iry Building 8213 Forrest Leas Fe et Prepared by Planning 11/0 "14 0 5,0100 200 111 11 Q,n Packet Pg.97 C.2.d ICHL� NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION TxAS AND CITY COUNCIL Case Numbers: ZC 2013-18 & SUP 2014-12 Applicant: Donald Cheeks Location: 8213 Forrest Ln M 0 N You are receiving this notice because you are a property owner of record within 200 N feet of the property shown on the attached map. co N Purpose of Public Hearings: 0 ca ZC 2013-18: A Public Hearing is being held to consider a request from Donald Cheeks for a .2 w Zoning Change from "R-2" Single Family to "R-1-S" Special Single Family on 3.621 acres o located at 8213 Forrest Lane Z SUP 2014-12: A Public Hearing is being held to consider a request from Donald Cheeks for o a Special Use Permit for an Accessory Structure greater than 500 square feet on 3.621 acres located at 8213 Forrest Lane CL 0 L a Public Hearing Schedule: co Public Hearing Dates: PLANNING AND ZONING COMMISSION N 7:00 PM THURSDAY, NOVEMBER 20, 2014 N CITY COUNCIL 7:00 PM MONDAY, DECEMBER 8, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS a 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 Packet Pg.98 C.2.e Johnson, Mitchell W Staley, Bob Etux Lois Gilbreath, Harold W Etux Bren 8220 Sayers Ln 8216 Sayers Ln 8212 Sayers Ln Fort Worth Tx 76182-7305 NRH Tx 76182-7305 NRH Tx 76182-7305 Gateway Church Paine, Diane Sansone Charlton, Timmy E Attn Tom Lane 500 S Nolen e Ste 300 7420 Park Place Dr 7424 Park Place Dr Southlake Tx 76092-9170 NRH Tx 76182 NRH Tx 76182-6066 Mansour, Ramzi S Etux Livia E Ellis, Jennifer Etvir Terrence Westrom & Walling Developer 6043 Prestonshire Ln 7432 Park Place Dr 6821 Baker Blvd Ste B Dallas Tx 75225-1910 NRH Tx 76182 Richland Hills Tx 76118-6378 M r O N U Holloway, Tyler& Kelci Knoll Reinen, Scott T Marinangel, Lisa N 10096 Fire Ridge Dr 9209 Canoe Ridge Dr 7432 Forrest Ln CO N Frisco Tx 75033-1371 NRH Tx 76182-4338 Fort Worth Tx 76182-0000 L d Gieder, Joseph E Jr Etux Tami Jones, Jeremy Curry, Douglas A Etux Donna o 7313 Crabtree Ln 7424 Forrest Ln 7469 Timberhill Dr NRH Tx 76182-6055 Fort Worth Tx 76182-6002 Fort Worth Tx 76182-6017 c L a d Herdman, Vincent & Linda Miller, Clarence & Carolyn Cheeks, Donald R ° 6524 Briley Dr 7468 Timberhill Dr 9008 Courtenay St Apt 6205 z w NRH Tx 76180-8068 Fort Worth Tx 76182-6016 NRH Tx 76180-0921 ° J CO r Noble, Victor& Cordell Noble Reynolds, Todd Clark, Peggy A 6808 Meadow Creek Rd 9113 Cedar Bluffs 8124 Sayers Ln N NRH Tx 76182-3811 NRH Tx 76182 NRH Tx 76182-7303 N E Nolte, Dino Etux Pamela J Birdville Independent School District 8206 Sayers Ln Attn: Mike Seale Q 6125 East Belknap Fort Worth Tx 76182-7305 Haltom City, TX 76117 Packet Pg.99 , 4.0 If " G �7� UP 'g / am ji OPINION- i fi i 4 d' 77 7777777 , 5 ' r RI, C.3 ZC 2013-18 Public Hearing and consideration of a request from Donald Cheeks for a Zoning Change from "R-2" Single Family to "R-1-S" Special Single Family on 1.943 acres located at 8213 Forrest Lane. Clayton Comstock came forward to present the staff report for the Zoning request and Special Use Permit for 8213 Forrest Lane. These two applications are related to the same property. Staff recommends approval of both applications. Donald Cheeks; 8213 Forrest Lane; North Richland Hills, TX came forward to present. Mr. Cheeks is requested to build a metal building. The Property is surrounded by a 20 to 30 foot barrier of trees so you cannot see the building unless you are standing in the M back yard this is the reason for requesting only the 4 foot wainscoting of brick. N U Chairman Randall Shiflet opened the Public Hearing 7:16 P.M. N N CO Being no further discussion, Chairman Randall Shiflet closed the Public Hearing at 07:16 P.M. APPROVED 2 Mark Haynes motioned to approve ZC 2013-18. The motion was seconded by Mike N Benton. The motion passed unanimously (5-0). a 0 N C N L d E d O Z CO M r 0 N U N d E t v <a Q Packet Pg. 10 C.3 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: SUP 2014-12, Ordinance No. 3347 Public Hearing and consideration of a request from Donald Cheeks for a Special Use Permit for an Accessory Structure greater than 500 square feet on 1.943 acres located at 8213 Forrest Lane. Presenter: John Pitstick, Director of Planning & Development Summary: Donald Cheeks is requesting approval of a Special Use Permit for a 960 square foot accessory building with a variance to masonry to allow a brick wainscoat on a metal building on his 1.943 acre property at 8213 Forrest Lane. General Description: CASE DETAILS: Mr. Cheeks is requesting approval of a metal building of 960 square feet in size and 15-feet tall (roof peak) to be located behind his primary residence. All four sides are proposed to be clad with a 4-foot wainscot of king size brick. The brick would be painted the same color as the house and the building's metal panels would be white to match the brick. oilW, i, Pictures of the applicant's primary residence on the lot(above) and example photographs of a similarly-sized metal building as the request for reference (below). 1 i r e i f� � w� Packet Pg. 102 C.3 r4 NO&TH KICHLAND HILLS EXISTING SITE CONDITIONS: A new residence has recently been completed on the property. The southeastern third of the property is also encumbered by the 100-year or 1%-chance floodplain. PLATTING STATUS: Lot 13, Block 3, Woodbert Addition EXISTING ZONING: "R-2" Single Family Residential. The property was rezoned from "C-1" Commercial to "R-2" in 2008. The proposed SUP is contingent on approval of Ordinance 3343 regarding accessory building standards on the same City Council agenda. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential' for this area. SURROUNDING ZONING / LAND USE: North: R-3 Single Family Residential / Low Density Residential South: RI-PD Residential Infill Planned Development/ Low Density Residential East: C-1 Commercial / Retail West: R-2 Single Family Residential / Low Density Residential THOROUGHFARE PLAN: The property is landlocked but has access to Forrest Lane via access easements through two adjacent lots. RECENT R-1-S DISCUSSION & ORDINANCES: Mr. Cheeks originally approached staff and made application in 2013, before the April 2014 Joint Work Session with the Planning & Zoning Commission and City Council where the appropriateness of "R-1-S" zoning districts was discussed. Staff indicated to Mr. Cheeks at that time that he originally submitted that if he wanted a large accessory building, the "R-1-S" zoning was his only option. Staff has also drafted Ordinance 3343 addressing accessory building sizes for large lots. Under the proposed ordinance and his existing R-2 zoning, Mr. Cheeks would be permitted a 1,000 square foot accessory building by right, but could still request an SUP for a building larger than 1,000 square feet or to vary from other accessory building standards. As a result of the new accessory standards Mr. Cheeks' has withdrawn his request for R-1-S zoning and is still proposing a 960 square feet metal building with a 4-foot masonry wainscot on all four sides. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on Thursday, November 20, 2014 and recommended 5-0 to approve SUP 2014-12 as presented. Recommendation: Packet Pg. 103 C.3 r4 NO&TH KICHLAND HILLS Approval of Ordinance 3347 subject to all existing trees within the 100-year floodplain being preserved. Packet Pg. 10 C.3 r4 NORTH KICHLAND HILLS ORDINANCE NO. 3347 ZONING CASE SUP 2014-12 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, BY GRANTING A SPECIAL USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 500 SQUARE FEET AND APPROVING A SITE PLAN; 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 granting a Special Use Permit for an Accessory Structure greater than 500 square feet for a 1.943 acre parcel of land located at 8213 Forrest Lane City of North Richland Hills, Tarrant County, Texas, more particularly described as Lot 13, Block 3, Woodbert Addition North Richland Hills, Tarrant County, Texas and approving the site plan attached hereto as Exhibit A. 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 Packet Pg. 105 C.3 r4 NORTH KICHLAND HILLS amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 8th day of December, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Packet Pg. 106 C.3.a' moods Liam ei s Lim N r err O N a N }} 'x 00 ✓s' CL CL m A .v N r d' r O N a E m a SUP" 201,41-12 - Special Use P e rirrm its . iry Building 8213 Farrest Leas Fe et Prepared by Planning 11/0 "14 0 5,0100 200 Packet Pg. 107 U.3.b Y r %e 1 r • N co co i s CL r, N_ c*' co r_ E ZC 2013-18 - Zoning Change R-2 to RA -S 1 '�1 SUP" 201141-12 - Special Use P e rirrm its , iry Building 8213 Forrest Leas Fe et Prepared by Planning 11/0 "14 0 5,0100 200 111 11 Q,n Packet Pg. 108 C.3.c ICHL� NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION TxAS AND CITY COUNCIL Case Numbers: ZC 2013-18 & SUP 2014-12 Applicant: Donald Cheeks _ N r Location: 8213 Forrest Ln 0 N a You are receiving this notice because you are a property owner of record within 200 0 feet of the property shown on the attached map. co N Purpose of Public Hearings: 0 ca ZC 2013-18: A Public Hearing is being held to consider a request from Donald Cheeks for a .2 w Zoning Change from "R-2" Single Family to "R-1-S" Special Single Family on 3.621 acres o located at 8213 Forrest Lane Z SUP 2014-12: A Public Hearing is being held to consider a request from Donald Cheeks for o a Special Use Permit for an Accessory Structure greater than 500 square feet on 3.621 acres located at 8213 Forrest Lane CL 0 L a Public Hearing Schedule: N Public Hearing Dates: PLANNING AND ZONING COMMISSION N 7:00 PM THURSDAY, NOVEMBER 20, 2014 CITY COUNCIL 7:00 PM MONDAY, DECEMBER 8, 2014 E Both Meeting Locations: CITY COUNCIL CHAMBERS a 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 Packet Pg. 109 C.3.d Johnson, Mitchell W Staley, Bob Etux Lois Gilbreath, Harold W Etux Bren 8220 Sayers Ln 8216 Sayers Ln 8212 Sayers Ln Fort Worth Tx 76182-7305 NRH Tx 76182-7305 NRH Tx 76182-7305 Gateway Church Paine, Diane Sansone Charlton, Timmy E Attn Tom Lane 500 S Nolen e Ste 300 7420 Park Place Dr 7424 Park Place Dr Southlake Tx 76092-9170 NRH Tx 76182 NRH Tx 76182-6066 Mansour, Ramzi S Etux Livia E Ellis, Jennifer Etvir Terrence Westrom & Walling Developer 6043 Prestonshire Ln 7432 Park Place Dr 6821 Baker Blvd Ste B N Dallas Tx 75225-1910 NRH Tx 76182 Richland Hills Tx 76118-6378 0 N a Holloway, Tyler& Kelci Knoll Reinen, Scott T Marinangel, Lisa �!? 10096 Fire Ridge Dr 9209 Canoe Ridge Dr 7432 Forrest Ln CO N Frisco Tx 75033-1371 NRH Tx 76182-4338 Fort Worth Tx 76182-0000 L d Gieder, Joseph E Jr Etux Tami Jones, Jeremy Curry, Douglas A Etux Donna o 7313 Crabtree Ln 7424 Forrest Ln 7469 Timberhill Dr NRH Tx 76182-6055 Fort Worth Tx 76182-6002 Fort Worth Tx 76182-6017 c L a d Herdman, Vincent & Linda Miller, Clarence & Carolyn Cheeks, Donald R ° 6524 Briley Dr 7468 Timberhill Dr 9008 Courtenay St Apt 6205 z w NRH Tx 76180-8068 Fort Worth Tx 76182-6016 NRH Tx 76180-0921 ° J N r Noble, Victor& Cordell Noble Reynolds, Todd Clark, Peggy A 6808 Meadow Creek Rd 9113 Cedar Bluffs 8124 Sayers Ln N NRH Tx 76182-3811 NRH Tx 76182 NRH Tx 76182-7303 CO Nolte, Dino Etux Pamela J Birdville Independent School District E 8206 Sayers Ln Attn: Mike Seale 2 6125 East Belknap Q Fort Worth Tx 76182-7305 Haltom City, TX 76117 Packet Pg. 110 PURIM ad vii All jr IRV 94 H peg 94 owl UNION 0 t lb all, PRIM r? 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A mYi 1 ;',?i � du li aw t rw r�,,,- 1Wi r��/1 9/9 1 u �� ,W :, �- r i�Jy,. �r�,��tv s .1d �.a� ,v,,, .,�r, �.a,.,,w„,_�..d��s�a��i, ,,fia..�..,r��'� wGt��rn��a rr,�a��f l✓/i�01✓�/,^�r(�! Packet Pg. 118 C.3.g C.3 ZC 2013-18 Public Hearing and consideration of a request from Donald Cheeks for a Zoning Change from "R-2" Single Family to "R-1-S" Special Single Family on 1.943 acres located at 8213 Forrest Lane. Clayton Comstock came forward to present the staff report for the Zoning request and Special Use Permit for 8213 Forrest Lane. These two applications are related to the same property. Staff recommends approval of both applications. Donald Cheeks; 8213 Forrest Lane; North Richland Hills, TX came forward to present. Mr. Cheeks is requested to build a metal building. The Property is surrounded by a 20 to 30 foot barrier of trees so you cannot see the building unless you are standing in the back yard this is the reason for requesting only the 4 foot wainscoting of brick. N a Chairman Randall Shiflet opened the Public Hearing 7:16 P.M. CO M CO Being no further discussion, Chairman Randall Shiflet closed the Public Hearing at 07:16 P.M. APPROVED 2 Mark Haynes motioned to approve ZC 2013-18. The motion was seconded by Mike N Benton. The motion passed unanimously (5-0). 0- 0 CA N SUP 2014-12 Public Hearing and consideration of a request from Donald Cheeks N L for a Special Use Permit for an Accessory Structure greater than 500 square feet on 1.943 acres located at 8213 Forrest Lane. E 0 0 Chairman Randall Shiflet opened the Public Hearing 7:17 P.M. Z Being no further discussion, Chairman Randall Shiflet closed the Public Hearing at 07:17 P.M. N a APPROVED CO Don Bowen motioned to approve SUP 2014-12. The motion was seconded by Mark Haynes. The motion passed unanimously (5-0). E Q Packet Pg. 119 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: SDP 2014-02, Ordinance No. 3348 Public Hearing and consideration of a request from Chesapeake Operating, LLC for a Special Development Plan for the BJG Gas Well Pad Site on 1.91 acres at 6412 Davis Boulevard. Presenter: John Pitstick, Director of Planning & Development Summary: Chesapeake Energy is making a request for a Special Development Plan under the Smithfield TOD regulations to construct a 1.91-acre gas drilling and production pad site on a 7-acre tract at 6412 Davis Boulevard. The proposed "BJG' gas well pad site is directly adjacent to an existing '/2-acre gas pipeline valve station. Chesapeake Energy is requesting to drill 6 gas wells from this site. Gas drilling and production is not an allowable use in the Transit Oriented Development zoning. Chesapeake has provided a master development plan that indicates future buildings along Davis Boulevard with a street connection to the back of the site and future open space to the east and south of the site in an effort to mitigate for TOD regulations. The proposed BJG site is also being requested as an alternative option to the previously approved Anejo site on North Davis Boulevard. General Description: SDP PROCESS: The Special Development Plan process under the Transit Oriented Development Code allows applicants development flexibility to address specific market opportunities or contexts. In evaluating a Special Development Plan, City Council shall consider the extent to which the application meets the following: • The goals and intent of Transit Oriented Development in the city • Provides an alternative "Master Plan" approach by considering multiple properties to create a predictable, market responsive development for the area • Fits the adjoining context by providing appropriate transitions • Provides public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit • Does not hinder future opportunities for higher intensity transit-oriented development The permitting of each individual gas well at this site is a process that would require separate approvals by staff. This permitting process requires the gas operator to Packet',Pg.120 r4 NO&TH KICHLAND HILLS demonstrate compliance with the technical details, safety issues and the other regulations indicated in Chapter 104, City Code of Ordinances. The Gas Board of Appeals will also have to hear any variances for gas wells located within 600 feet of any habitable structures. There are two residences on Cardinal Lane that are within 600 feet of proposed wells. There are also several commercial buildings along Davis Boulevard that fall within the 600 foot standard. The site plan also indicates a lift compressor station that will have to be approved by the Gas Board if this SDP is approved. EXISTING ZONING: The property is currently zoned Smithfield TOD General Mixed Use which is typically appropriate for office, retail and restaurant uses visible and accessible from Davis Boulevard as well as single family and townhome uses. A portion of the property is used as a gas pipeline valve station. Most of the immediately surrounding property is vacant with heavily wooded areas and natural drainage to the east and south of the proposed site. REVIEW OF GAS WELL REGULATIONS: The Special Development Plan permit process cannot relax any regulations and as such, approval of an SDP does not grant any variances to the requirements mandated by Chapter 104, City Code of Ordinances. Because of the community gas drilling regulation of 600 feet, staff is notifying all properties within 600 feet as part of the SDP process and is welcoming comments from any affected properties. The Gas Drilling & Production regulations require that all gas wells are to be located at least 600 feet from any habitable structures. The Gas Board may grant variances down to 300 feet through a public hearing process. Any properties between 300 feet and 150 feet to a proposed gas well must give written permission for the gas company to proceed with the variance process through the Gas Board. REVIEW OF GAS DRILLING OPERATIONS: Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. Different subsurface geology can cause more directional focused drilling along fracturing lines. Drilling operations include the initial vertical penetrations of approximately 5,000 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the drill hole. Drilling typically lasts 30 days and involves 24-hour operations which includes the assembly of major drilling towers, installation of sound reducing devices, drilling and other activities. Packet Pg. 121 r4 NO&TH KICHLAND HILLS Fracturing operations involve pumping massive amounts of pressurized water and sand into the drill hole that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days. Gas pipelines are required to be constructed in order to get the gas transported to market. They must be built directly to the gas well site and connected and distributed to major markets. Production is the final process and generally a quiet activity whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does however require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. REVIEW OF THE BJG PAD SITE SDP SITE PLAN: The specific SDP for a gas well pad site includes the following information. Conceptual Development Plan — One of the primary requirements of the site plan for gas well sites is to provide a master development plan to ensure that the gas well site does not hamper or burden the land use and building potential of the property. The BJG site is proposed for drilling 6 gas wells with room for additional development along Davis Boulevard. A new proposed TOD street is being shown and future preservation of open space areas to the east and south are also shown to mitigate and allow for future TOD development. Drilling Site Plan — The drilling site plan indicates the potential for 6 gas wells with an 8 foot masonry wall around the pad site. Chesapeake is providing pampas grass and drought tolerant plants around the pad site. Production Site Plan — The production site plan indicates direct access from Davis Boulevard through the existing valve station access. An internal fire lane and production equipment and temporary fracking tanks are indicated within the pad. There is no external water storage for fracking. Masonry Wall Details — The site plan indicates an 8 foot masonry wall of brick and stone. A similar masonry wall will also be required around the proposed gas valve station directly connected to the south end of this pad site. Drainage Area Map — Significant grading is proposed that fills the area within the proposed pad site and allows for side slopes to the north and east of the pad site. The rear of the site drops into a natural drainage and tree area that is within the flood plain that runs off to the south down to Cardinal and eventually to Mid Cities Boulevard. Plans indicate the installation of interior berms that will cause drainage to be released at a concentrated point which could cause erosion and could affect the surrounding properties to the east which are below the site and will have to accept the drainage Packet',Pg.122 r4 NO&TH KICHLAND HILLS runoff. Transportation Route — The plan indicates the access off of Loop 820 traveling up Davis Boulevard for all truck traffic. This route is appropriate because it only uses freeways and major arterials. Landscape Plan — The landscape plan proposes landscaping and trees around the masonry wall. Several trees will be removed because of grading and a tree preservation area to the south is shown. Line of Sight Plan — The line of sight views provided in the packets do show that any proposed holding tanks will be screened from the surrounding properties. However, there are major view corridors of the proposed lift station area from the eastern property. Staff is recommending that the property within the 150 foot no build easement be shown as a future open space area to screen future development from the east. Photometric Analysis — The photometric analysis indicates that no light should affect the existing properties around the proposed BJG site. Pipeline Route — There is an existing gas pipeline that runs through the back of the site which will provide for direct access for bringing gas to market without additional pipelines required. Fracking Plan — Frack water is being provided with the use of portable truck tanks that will occur within the site. This does not affect the property with a water pond or tank, but does require significant staging and coordination of portable water tanks during the fracking operation. STAFF CONSIDERATION: In order to consider the BJG site the following requirements of the Special Development Plan should be addressed as part of any consideration and site plan acceptance. • Meets the goals and intent of Transit Oriented Development in the city. Gas drilling does not meet the goals and intent of TOD. However, there is an existing gas valve station located on the property next to the proposed pad site that reduces the amount of developable land. Even though the drill site takes property that could otherwise be developed in a mixed-use or commercial development it is minimized by the gas valve station. Chesapeake is also providing evidence that the remaining land along Davis Boulevard could develop per TOD standards. • Provides an alternative "Master Plan" approach by considering multiple properties to create a predictable, market responsive development for the area. Packet Pg. 123 r4 NO&TH KICHLAND HILLS The site plan packet includes a master conceptual plan that provides for a street connection through the site with future development along Davis Boulevard and a connection to the eastern property which would help facilitate future residential development extending south from Main Street. This is only a conceptual plan that shows how the surrounding property could develop as a TOD development around the proposed gas well pad site. • Fits the adjoining context by providing appropriate transitions. The BJG site plan includes a well site within a larger tract with some room for future development along Davis Boulevard. Street connectivity from Davis Boulevard through to the eastern property could allow for future residential growth. • Provides the opportunity for public benefits such as usable civic and open spaces, livable streets, structured and shared parking, and linkages to transit. The primary public benefit would be the TOD street connection through the site and potential open space within the no build zones to the east and south of the pad site. • Does not hinder future opportunities for higher intensity transit-oriented development. The BJG pad site would hinder some future opportunities for TOD development by taking up land however the master plan does indicate prime frontage along Davis Boulevard will be preserved. As mentioned above the existing gas valve station already hinders some future development opportunities. AFFECTED PROPERTY OWNER CONCERNS: Staff has not received any calls or letters from any of the affected properties within 600 feet. If property owners express concerns during the public meeting they could be addressed as part of the BJG consideration. STAFF RECOMMENDATION: Staff does not generally support gas drilling within the Smithfield Transit Oriented Development District on a highly visible major arterial which could reduce the potential for future quality development. Gas drilling is not an allowable land use in the Smithfield TOD Code and gas well sites do not provide appropriate density and connectivity. However, this site is on the east side of Davis in an existing industrially used area adjacent to two special variances directly north of this site. The recently approved MetCon conversion of a metal building and previously approved Advantage Auto also do not meet the intent of the Smithfield TOD district. In addition this site is owned by Chesapeake and has an existing gas valve station on the property. The most positive fact is that Advantage Auto, MetCon and the proposed BJG site have available frontage along Davis Boulevard to allow for future TOD buildings. It is clear that the BJG site is being pursued by Chesapeake as an alternative site to the Anejo site that was denied by the Gas Board because of surrounding neighborhood opposition. According to Chesapeake officials, the BJG site is the only available site Packet Pg. 12 r4 NO&TH KICHLAND HILLS that would work as a replacement for Anejo with minimum adjacent property owner opposition and still be able to capture untapped minerals from the Anejo pooling area. Staff has been unable to persuade Chesapeake from considering other more appropriate and compatible sites based on proposed future land uses. Since Chesapeake continues to pursue the BJG site within the Smithfield TOD, staff has pushed to bring substantial improvements as part of the site plan that would begin to bring the BJG site and surrounding properties into some TOD compliance. If the Planning & Zoning Commission v„ .... ,.. , , ,J chooses to recommend approval of the BJG site for gas well drilling, city staff recommends the following stipulations to mitigate and promote future mixed " � � � use development around an aesthetically acceptable gas well site. These stipulations would result in the site developing in accordance with the attached conceptual plan. The approval of a gas well site at this location will require changes to the Smithfield TOD , , w NHALFF regulating plan and conceptual plans for future development on the east side of Davis Boulevard. 1. Dedication of right of way and payment of an escrow to the city for future extension of a TOD street with appropriate streetscaping from Davis Boulevard to the eastern property line of the BJG property. 2.Full construction of a new opaque ornamental metal gate, new masonry wall around the entire pad site including existing valve station and appropriate landscaping installed within 6 months of well permit approvals. 3.Acquisition of the 150 foot no build zone easement prior to any drilling permits being issued. (allowing for potential open space areas to the south and east of the BJG pad site) 4.Assurances that the Special Use Permit for the Anejo Pad Site be repealed after the first BJG gas well is approved by the Gas Board of Appeals. 5.AII drilling and fracking operations must be completed within 5 years of SUP approval. PLANNING & ZONING COMMISSION RECOMMENDATION: The Planning & Zoning Commission met on November 20, 2014 and recommended approval of SDP 2014-02 by a vote of 4 to 1 (Bowen) with the following stipulations: Packet Pg. 125 r4 NO&TH KICHLAND HILLS 1. Dedication of right of way and payment of an escrow to the city for future extension of a TOD street with appropriate streetscaping from Davis Boulevard to the eastern property line of the BJG property. 2.Full construction of a new opaque ornamental metal gate, new masonry wall around the entire pad site including existing valve station and appropriate landscaping installed within 6 months of well permit approvals. 3.Acquisition of the 150 foot no build zone easement prior to any drilling permits being issued. (allowing for potential open space areas to the south and east of the BJG pad site) 4.Assurances that the Special Use Permit for the Anejo Pad Site be repealed after the first BJG gas well is approved by the Gas Board of Appeals. 5.All drilling and fracking operations must be completed within 5 years of SUP approval. Recommendation: Approval of Ordinance No. 3348 with stipulations as outlined in the memorandum. Packet Pg. 126 r4 NORTH KICHLAND HILLS ORDINANCE NO. 3348 SDP 2014-02 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE BY APPROVING A SPECIAL DEVELOPMENT PLAN WITHIN THE TRANSIT ORIENTED DISTRICT FOR THE BJG GAS WELL PAD SITE LOCATED ON 1.91 ACRES AT 6412 DAVIS BOLEVARD; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan and the Comprehensive Zoning Ordinance are hereby amended by amending the zoning of a 1.91 acre parcel described in Exhibit A hereto and known as 6412 Davis Boulevard by approving a special development plan to allow for the BJG gas well pad site and approving the legal description attached hereto as Exhibit A and the site plan attached hereto as Exhibit B with the following changes: 1) Dedication of right of way and payment of an escrow to the city for future construction by the City of street, sidewalks, landscaping and street light improvements within dedicated right of way in the TOD. 2) Full construction of a new opaque ornamental metal gate, new masonry wall around the entire pad site including existing valve station Packet Pg. 127 r4 NORTH KICHLAND HILLS and appropriate landscaping installed within 6 months of well permit approvals. 3) Acquisition of the 150 foot no build zone easement prior to any drilling permits being issued. (allowing for potential open space areas to the south and east of the BJG pad site) 4) Assurances that the Special Use Permit for the Anejo Pad Site be repealed after the first BJG gas well is approved by the Gas Board of Appeals. 5) All drilling and fracking operations must be completed within 5 years of SUP approval. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clause of this ordinance two times. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 8th day of December, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Packet Pg. 128 r4 NO&TH KICHLAND HILLS Approved as to form and legality: George A. Staples, Attorney Packet Pg. 129 Main St C 4 a f well e N O d' O N a 0 L ti r N Q �^ m Ili lr-oIpe r } o u Ir'Ir 0 N CL 0 E & ddi lnal Lim a Packet;Pg. 130 ' IIII Cities IBI+�d i IIU'I � � C.4.b N O d' � O a Luc.v vu N d a z_ Co L � '1P16�y^ C*4 pY c Y �. � Aj � � � R. III�p �ti •� r J Q O N � O ® N CO r f� o 1r iii �rl� ov Packet Pg.131 C.4.c Bates Realty LP Tucker, James T Etux Rosemary Hays, Tommy D Etux Myra 6433 Davis Blvd 7608 Smithfield Rd PO Box 820771 NRH Tx 76182-4717 Fort Worth Tx 76182-7941 NRH Tx 76182-0771 John C Parker Sr Family Tr G O O Property Development Chun, Wing-Hing Dorothy Lee Parker - Trustee LLC PO Box 821314 PO Box 92879 8205 Mid Cities Blvd Fort Worth Tx 76182-1314 Southlake Tx 76092-0879 NRH Tx 76182-4715 Schmuhl, Kevin W Chesapeake Land Dev Co LLC Hamilton, Keith 109 San Jacinto Ct 6100 N Western Ave 8241 Mid Cities Blvd o Southlake Tx 76092-5947 Oklahoma City Ok 73118-1044 NRH Tx 76182 0 N a 0 Acorn Dfwland LP Benes, Thomas J & Valerie L Uebel, Rose Mary �!? PO Box 380181 5672 Rockport Ln 1068 44th Ave NE ti N Duncanville Tx 75138-0181 Haltom City Tx 76137-2119 St Petersburg Fl 33703-5240 L d Le, Minh Hoai & Hong Thi Dinh Mikhail,Fr Theophilus Etux H Wisniski, James L Etux Marjor o 6417 Westgate Dr 6421 Westgate Dr 6425 Westgate Dr NRH Tx 76182-4705 NRH Tx 76182-4705 NRH Tx 76182-4705 c L a d Cardinal, Teresa Sharon Smith, Roger F Etux Rachel G Deeds, John D Etux Lisa c 6429 Westgate Dr 6433 Westgate Dr 6437 Westgate Dr z w NRH Tx 76182-4705 NRH Tx 76182-4705 NRH Tx 76182-4705 ° J N O Revest LLC Recker, Christopher Bates, Georgia Maxine Etal 8800 Kirk Ln 1936 Winter Dr 6433 Davis Blvd N NRH Tx 76182-7502 Keller Tx 76262-8419 NRH Tx 76182-4717 0 U) Abbott, Tommy F MD 1199 Mount Gilead Rd Keller Tx 76262-7305 a Packet',Pg.132 C.4.d `CHL�q NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS ... .: '� PLANNING AND ZONING COMMISSION Tx�S AND CITY COUNCIL Case Numbers: SDP 2014-02 Applicant: Chesapeake Operating, LLC _ N O Location: 6412 Davis Boulevard O N a You are receiving this notice because you are a property owner of record within 200 0 feet of the property shown on the attached map. ti N Purpose of Public Hearings: 0 ca A Public Hearing is being held to consider a request from Chesapeake Operating, LLC for a .2 Special Development Plan for the BJG Gas Well Pad Site on 2.25 acres at 6412 Davis o Boulevard. Z L d Public Hearing Schedule: o Public Hearing Dates: PLANNING AND ZONING COMMISSION c 7:00 PM THURSDAY, NOVEMBER 20, 2014 a N CITY COUNCIL 7:00 PM MONDAY, DECEMBER 8, 2014 N a Both Meeting Locations: CITY COUNCIL CHAMBERS c°n 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, a please contact: Planning Department - City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 Packet Pg. 133 C.4.e FIELD NOTES BJG Pad SAVE AND EXCEPT TRACT 6 J.W. Barlough Survey, Abstract No. 130 City of North Richland Hills, Tarrant County, Texas BEING all that certain lot, tract or parcel of land situated in the JOHN BARLOUGH SURVEY, Abstract No. 130, in the City of North Richland Hills, Tarrant County, Texas, and being a portion of that certain tract of land conveyed to Chesapeake Land Development Company, LLC, as described in Deed recorded in Document No. D209053888, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and also being a portion of that certain tract of land conveyed to Chesapeake Land Development Company, LLC, as described in Deed recorded in Document No. D213283471, Deed o Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; N a COMMENCING at the northwest corner of Chesapeake Land Development Company, y LLC, as described in Deed recorded in Document No. D209053888, Deed Records of Tarrant County, Texas (D.R.T.C.T.); N THENCE S 70 021'07" E, a distance of 243.32 feet to the point of beginning of Tract 6; Q Z THENCE N 89°44'51" E, a distance of 335.00 feet; X LU THENCE S 01 001'20" E, a distance of 305.00 feet; o THENCE S 89°44'51"W, a distance of 166.00 feet; N a 0 THENCE N 01°01'20"W, a distance of 110.00 feet; co THENCE S 89 044'51"W, a distance of 169.00 feet; E THENCE N 01 001'20"W, a distance of 195.00 feet to the point of beginning and containing Q 83,577 square feet or 1.919 acres of land, more or less. This survey does not represent a warranty of title or a guarantee of ownership. OF ±if32 Jon 0. January -,N URR 4 RegVi ered Professional and Surveyor Texas Registration No. 5382 Packet Pg. 134 wn ........... V ml V m ----- 1 LL 0 LLJ LLJ 1,\5p r 2S VJ CARDINAL. L) >I 31H Ln _V_w ---------------------- ------ < 3 z d z ILIS 3F j= 0 cc Ln < < < ---------- '\- ---------�C' cT---> • 1: C LLJ -------- nt V-1 r.r. cff cr �_f dVTI03 Ld ----- z < LLI (_D - ilHP c' z - Ld CL C) ------ -- s 3iJ. YV4 . ....... LLJ lll < L_ cr LLI V _T 7 2, Lo NVM 7 U� L'l ---- -- < T v� Lr _j L,11 _j K LLJ ---- LLJ L ----I 1�1 / = ]�_" < < woo- cL -7 ------ c) 2 'L NlN Yo cff Tj _xb 0 N�l �13T]Kli 3"IN39W11. 3M0-1 (A ij C7 1-------- LU cD z cc INV I e 9 V d 0 La ca r M) LUQ7........................ ------ -11.N 3'�, 31. 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F- ry 1 C.4.g C.7 SDP 2014-02 Public Hearing and consideration of a request from Chesapeake Operating, LLC for a Special Development Plan for the BJG Gas Well Pad Site on 2.25 acres at 6412 Davis Boulevard. Director, John Pitstick came forward to present the staff report for the Special Development Plan for BJG gas well pad site. Staff recommends approval. Delores Garza, 100 Energy Way Fort Worth, Project Manager, Chesapeake is requesting a Special Development Plan for the propose BJG Gas Well Site it is an Alternative to Anejo Site. The BJG site is located in the Transit Oriented Development o zoning overlay. The proposed pad will develop two pooling units through six wells. 0 N Jim Duncan, 486 Woody Rd. Azle, came forward to discuss his concerns of how the o trucks will have an impact on the roads over the next five years and is concerned that `" the weights are not being monitored and would like to see the city or Department of N Transportation look into this. APPROVED Mark Haynes motioned to approve SDP 2014-02 with five stipulations that were N laid out by Planning department. The motion was seconded by Mike Benton. The 0- motion passed (4-1). o N O N L d E d O Z N O d' r O N a 0 co d E ca Q Packet',Pg.152 C.5 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: ZC 2014-16, Ordinance No. 3345, Public Hearing and consideration of a request from Greg & Tina Clifton for a Zoning Change from "AG" Agricultural to "R-2" Single Family on 2.79 acres located at 7221 Eden Road. Presenter: John Pitstick, Director of Planning & Development Summary: CASE SUMMARY: Greg and Tina Clifton are requesting approval of a zoning change from "AG" Agricultural to "R-2" Single Family for their 2.79-acre property at 7221 Eden Road. Through the rezoning and platting process, the Cliftons intend to demolish the existing home on the property and build a new home. General Description: EXISTING SITE CONDITIONS: A 2,390 square foot residence built in 1964 and an accessory/barn building of approximately 1,600 square feet that would remain on the property as a legal non-conforming structure. PLATTING STATUS: The property is currently unplatted and described as Tract 3A3 of the J.B. Edens Survey, Abstract No. 499. A Final Plat (Case # FP 2014-13) is accompanying this zoning change through the approval process. EXISTING ZONING: "AG" Agricultural. The "AG" zoning category does not permit single family residences by right, therefore the property is today considered legal non- conforming. PROPOSED ZONING: "R-2" Single Family Residential. The minimum home size in "R- 2" is 2,000 square feet. As this will be a newly-platted lot, garage access will be required to be from the rear or the side. COMPREHENSIVE PLAN: The Comprehensive Plan depicts "Low Density Residential' for this area. This change in zoning would be consistent with that category and the surrounding uses. SURROUNDING ZONING / LAND USE: North: R-2 Single Family Residential / Low Density Residential South: AG Agricultural / Low Density Residential Packet Pg. 153 C.5 r4 NO&TH KICHLAND HILLS East: R-2 Single Family Residential / Low Density Residential West: R-2 Single Family Residential / Low Density Residential THOROUGHFARE PLAN: The property has 140 feet of frontage on Eden Road, which is classified as a "C4U" 4-lane undivided collector with 68-feet of right-of-way. Approximately 18 feet of right-of-way is being dedicated by the Final Plat to accommodate future pavement and utilities along that frontage. Recommendation: Approval of Ordinance 3345 Packet Pg. 154 C.5 r4 NORTH KICHLAND HILLS ORDINANCE NO. 3345 ZONING CASE ZC 2014-16 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.79 ACRE PARCEL OF PROPERTY LOCATED AT 7221 EDEN ROAD FROM AG (AGRICULTURAL) 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 on 2.79 acres located at 7221 Eden Road, North Richland Hills, Tarrant County, Texas, more particularly described in the legal description attached hereto as Exhibit A from AG (Agricultural) 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 Packet Pg. 165 C.5 r4 NORTH KICHLAND HILLS such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 8th day of December, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head Packet Pg. 166 C.5.a uj -TtT vet" N U N I Co w N Q f� A tD r d' O N U N cry H d E ca Q FFFI] Packet Pg. 157 9 C.S.b i Ep i ��iv� I lip ii r.: sill Y d' N „ co N CL r i L f Q CD N N " M e e �� Packet Pg.'158 (9Vt1WZ OZ : 89Z0 U011B31140N J9UM0 Alaadoad 9Vt1WZ 0Z :1uauau3B11V � r a. ***UPDATE*** a °x NOTICE OF PUBLIC HEARINGS ® CITY OF NORTH RICHLAND HILLS TEXAS PLANNING AND ZONING COMMISSION AND CITY COUNCIL Case Number: ZC 2014-16 Applicant: Greg & Tina Clifton Location: 7221 Eden Rd You are receiving this notice because you are a property owner of record within 200 feet of the property shown on the attached map. Purpose of Public Hearing: A Public Hearing is being held to consider a request from Greg & Tina Clifton for a Zoning Change from "AG" Agricultural to "R-2" Single Family on 2.79 acres located at 7221 Eden Road. This notice updates the previous version that indicated the zoning request was for "R- 1-S" Special Single Family. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, NOVEMBER 20, 2014 CITY COUNCIL 7:00 PM MONDAY, DECEMBER 8, 2014 Both Meeting Locations: CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Planning Department- City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 (9�-tgoZ OZ : 99Z�) sieumo Alaedoad P91140N 10 Is!-1 9Vt1WZ OZ :1uauau3B1jV oonce, Rufus T& Dovee Jo W Birdville Independent School Brown Larry D Etux Darleen G White-Koonce Family Trust District Attn: Mike Seale 7101 Melissa Ct 7244 Eden Rd 6125 East Belknap a Fort Worth Tx 76182-3248 NRH Tx 76182-3204 Haltom City, TX 76117 Molinets, Sarah Southerland, Kyle Etux Leisha Smith, Alan D Etux Christine S 7105 Melissa Ct 7109 Melissa Ct 7113 Melissa Ct Fort Worth Tx 76182-3248 NRH Tx 76182-3248 Fort Worth Tx 76182-3248 Thompson, Nathaniel Etux A Plymale, Leroy Jr & Sharon Ann Ochandio, Roberto Etux Alicia 7112 Melissa Ct 8800 Ashcraft Dr 8804 Ashcraft Dr NRH Tx 76182-3248 Fort Worth Tx 76182-3252 NRH Tx 76182-3252 Denson, Dennis R Etux Lisa G Rodriguez, Alfred Etux Lisa D Noris, Jaime Etux Rosario 8751 Hightower Dr 8629 Hightower Dr 8633 Hightower Dr NRH Tx 76182-6176 NRH Tx 76182-6114 N R H Tx 76182-6114 Fannie Mae West, Brent W Etux Shelley Erickson, Neal W Federal National Mortgage Asso 14221 Dallas Pkwy Ste 1000 7804 Vineyard Ct 8632 Crestview Dr Dallas Tx 75254-2946 NRH Tx 76182-9244 NRH Tx 76182-6109 Milam, Mary Ellen Calame, Laree O Olszewski, Jonathon W 8629 Crestview Dr 8625 Crestview Dr 8621 Crestview Dr Fort Worth Tx 76182-6110 Fort Worth Tx 76182-6110 Fort Worth Tx 76182-6110 Whitlock, Gladys Ann Hamilton, Harry F Shue, Alisha B Aka Gladys A Dvorak 8620 Brookridge Dr 8624 Brookridge Dr 8628 Brookridge Dr Fort Worth Tx 76182-6104 Fort Worth Tx 76182-6106 NRH Tx 76182-6106 Bannister,W Etux E O'Daniel Nrh-Tarrant Properties LLC McKinley, David P 7223 Eden Rd 6617 Precinct Line Rd Ste 200 7201 Eden Rd NRH Tx 76182-3205 NRH Tx 76182-4389 NRH Tx 76182-3205 Upchurch, Patricia Clifton, Greg & Tina Gebo, Joseph C Etux Laurie 7217 Eden Rd 2701 Fox Glenn Ct 7225 Eden Rd NRH Tx 76182-3205 Hurst Tx 76053-0000 NRH Tx 76182-3205 C.5.e Property Description Being tract of land out of the J. B. Edens Survey, Abstract Number 499, Tarrant County, Texas and being the same property conveyed to Greg & Tina Clifton, per the deed recorded in Clerk's document D214115566, Official Public Records, Tarrant County, Texas (OPRTCT) and being more particularly described as follows: BEGINNING at a 3/8" iron rod found on the west line of Eden Road; THENCE South 890 35' 5" West, with the north line of a tract of land conveyed to Patricia Upchurch, per the deed recorded in Clerk's document D204139778, OPRTCT, a distance of 867.36 feet to a 3/8" iron rod found on the east line of Lot 5, Block 7, Stonybrooke Addition per the plat recorded in Volume 388-157, Page 157, Plat Records, Tarrant County, Texas (PRTCT); THENCE North 00 11' 03" West, with the east line of said Stonybrooke Addition, a o distance of 140.00 feet to a 3/8" iron rod found for the southwest corner of Lot 15, Block N 1, Harmon Farms Addition, per the plat filed in D214197733, PRTCT; N co THENCE North 890 37' 41" East, with the south line of siad Harmon Farms Addition, N passing the southwest corner of Lot 1R, Block 1, Bannister Estates, per the plat recorded in Cabinet A, Slide 1564, PRTCT, at a distance of 494.12 feet, in all, a total Q distance of 870.84 feet to a 3/8" iron rod found on the west line of Eden Road; X THENCE South 10 14' 45" West, with the west line of the Eden Road, a distance of w 139.61 feet to the POINT OF BEGINNING and containing a calculated area of 2.79 acres of land. 0 N U N d >_ t v <a Q L:ACases\ZC Cases(purple)A2014\ZC 2014-16 7221 Eden R&Exhibits\Eirst Submittal\Rezoning Desc_.doc 11/24/2014 2:01:10 PM Packet Pg. 161 U) r V) z �r Q � 0 " ° zC7 � Q 00 H Z O H Z o 0 W 0 z J z J pp z W NNQ �O_/� L b�V - Vl P H I duo M w w a w �oA b> � cnw � ()� O cn z � U 0 p m O J V� L n O o ml W Y J �l am Ell r II^^ 1 _J saa +> O �,D o s ( + � U N v� U U �' ¢ O (U O > W LD � �1 Y O J W W ~u o 0 ti J z OJ z pZ .. w Z N Z � H Q z w LU CL w c� U p Z g O U J CJY LNPF H N mw a Z OLi° a 00'0-V l M „£0,l l.0 N ., o L ', os C.5.g C.1 ZC 2014-16 Public Hearing and consideration of a request from Greg & Tina Clifton for a Zoning Change from "AG" Agricultural to "R-2" Single Family on 2.79 acres located at 7221 Eden Road. C.2 FP 2014-13 Consideration of a request from Greg & Tina Clifton for a for a Final Plat for Lot 2, Block 1, Bannister Estates on 2.733 acres located at 7221 Eden Road. Chad VanSteenberg came forward to present the staff report for the zoning request and final plat request of 7221 Eden Road. These two applications are related to the same property. Staff recommends approval of both applications. N U Greg Clifton; 7221 Eden Road; North Richland Hills, TX came forward to present. Mr. N Clifton is requesting Zoning Change to build new home and request Final Plat approval. N Chairman Randall Shiflet opened the Public Hearing at 07:09 P.M. 0 Being no further discussion, Chairman Randall Shiflet closed the Public Hearing at 07:09 P.M. N a APPROVED o Mike Benton motioned to approve ZC 2014-16. The motion was seconded by Don N Bowen. The motion passed unanimously (5-0). N L d E d O APPROVED Z Don Bowen motioned to approve FP 2014-13. The motion was seconded by Mark Haynes. The motion passed unanimously (5-0). 0 N U N d E t v <a Q Packet Pg. 163 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: FP 2014-13 Consideration of a request from Greg & Tina Clifton for a Final Plat for Lot 2, Block 1, Bannister Estates on 2.733 acres located at 7221 Eden Road. Presenter: John Pitstick, Director of Planning & Development Summary: CASE SUMMARY: Greg and Tina Clifton are requesting approval of a Final Plat for a single 2.79-acre lot at 7221 Eden Road. Through the rezoning and platting process, the Cliftons intend to demolish the existing home on the property and build a new home. General Description: EXISTING SITE CONDITIONS: A 2,390 square foot residence built in 1964 and an accessory/barn building of approximately 1,600 square feet that would remain on the property as a legal non-conforming structure. PLATTING STATUS: The property is currently unplatted and described as Tract 3A3 of the J.B. Edens Survey, Abstract No. 499. The proposed Final Plat would adopt the name of the adjacent "Bannister Estates" replatted earlier this year. EXISTING ZONING: "AG" Agricultural. PROPOSED ZONING: "R-2" Single Family Residential is concurrently being requested by separate case (ZC 2014-16). COMPREHENSIVE PLAN: "Low Density Residential' SURROUNDING ZONING / LAND USE: North: R-2 Single Family Residential / Low Density Residential South: AG Agricultural / Low Density Residential East: R-2 Single Family Residential / Low Density Residential West: R-2 Single Family Residential / Low Density Residential THOROUGHFARE PLAN: The property has 140 feet of frontage on Eden Road, which is classified as a "C4U" 4-lane undivided collector with 68-feet of right-of-way. Approximately 18 feet of right-of-way is being dedicated by the Final Plat to accommodate future pavement and utilities along that frontage. Packet Pg. 16 r4 NO&TH KICHLAND HILLS ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. The required infrastructure includes the construction of approximately 85 linear feet of sanitary sewer main terminating in a sanitary sewer manhole within the Eden Road ROW. The Subdivision will also have an impact on the existing public Right-Of-Way ("ROW"). As such, the developer will be responsible for the dedication of additional ROW on Eden Road and the following: Addition Frontage: 140 LF Number of Driveways: 1 Driveway Width: 18 ft Item Unit Qty. Unit Price %Assessed Total Curb &Gutter LF 122 $ 15.00 100% $ 1,830.00 Concrete Sidewalk-4'wide SY 54 $ 33.00 100% $ 1,789.33 Value of Required Improvements $ 3,619.33 Credit for ROW Dedication $ (2,284.62) $ 1,334.72 Such amount ($1,334.72) includes consideration for the dedication of ROW, and is roughly proportionate to the proposed Subdivision. Therefore, the developer will be required to either construct the required improvements (per current minimum City standards) or assume 100% of the amount ($1,334.72) required for such infrastructure improvements. This cost is valid for six months from the date of issue of this memo. The above determination of proportionality is made pursuant to Section 212.904, Texas Local Government Code by the undersigned professional engineer in the employ of the City of North Richland Hills, licensed by the State of Texas. Recommendation: Approval of FP 2014-13 Packet Pg. 166 D.l.a -TtT I LO a N Q rO f� A M r d' O N a isbdra H a� E Q FFFI] I Packet Pg. 166 D.1.b CL LL CL cm i Ep I ��iv� I lip ii r.: sill Y d' r „ i d N a L E ti I Packet Pg.167 1'; MIA l LO co CD N (0 I LO 41 00 00 00 0 d p`r. U O o q v +�U w�iw N � � � z J c2 a (� Lo Ln M ro O n 00 00 co N 0 00 +> 0 Ln i J I i I O O �D 0 �r, -- U o — Ln Q = 4- Q1 (3) N LD Q L w t0 O J i LO + U O 0 J pq 8 C.1 ZC 2014-16 Public Hearing and consideration of a request from Greg & Tina Clifton for a Zoning Change from "AG" Agricultural to "R-2" Single Family on 2.79 acres located at 7221 Eden Road. C.2 FP 2014-13 Consideration of a request from Greg & Tina Clifton for a for a Final Plat for Lot 2, Block 1, Bannister Estates on 2.733 acres located at 7221 Eden Road. Chad VanSteenberg came forward to present the staff report for the zoning request and M final plat request of 7221 Eden Road. These two applications are related to the same property. Staff recommends approval of both applications. N a Greg Clifton; 7221 Eden Road; North Richland Hills, TX came forward to present. Mr. `` Clifton is requesting Zoning Change to build new home and request Final Plat approval. N Chairman Randall Shiflet opened the Public Hearing at 07:09 P.M. 0 Being no further discussion, Chairman Randall Shiflet closed the Public Hearing at 07:09 P.M. N a APPROVED o Mike Benton motioned to approve ZC 2014-16. The motion was seconded by Don N Bowen. The motion passed unanimously (5-0). N L d E d O APPROVED Z Don Bowen motioned to approve FP 2014-13. The motion was seconded by Mark Haynes. The motion passed unanimously (5-0). 0 N a U- d E ca Q Packet Pg. 169 D.2 r4R ,II NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: FP 2014-11 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3A on 1.655 acres located in the 6900 block of Chisholm Trail. Presenter: John Pitstick, Director of Planning & Development Summary: CASE SUMMARY: Graham Partners, Ltd is requesting approval of a Final Plat for Graham Ranch Phase 3A, an 8-lot "R-2" residential subdivision on 1.655 acres located along the west side of Chisholm Trail. General Description: CASE DETAILS: This particular 8-lot phase of Graham Ranch has already been prepared for development but has not been officially subdivided through platting. Grading and water and sanitary sewer taps were completed for these lots during the first phase of Graham Ranch in 2006. Each of the 8 lots are about 81 feet wide by 110 feet deep and just over 9,000 square feet in area. EXISTING SITE CONDITIONS: Undeveloped/vacant. PLATTING STATUS: Unplatted and described as a 1.655-acre portion of Tract 3A03 in the William Mann Survey, Abstract No. 1010. EXISTING ZONING: "R-2" Single Family Residential. SURROUNDING ZONING / LAND USE: North: R-2 Single Family Residential / Low Density Residential South: R-2 Single Family Residential / Low Density Residential East: R-2 Single Family Residential / Low Density Residential West: AG Agricultural / Low Density Residential COMPREHENSIVE PLAN: "Low Density Residential' THOROUGHFARE PLAN: The subdivision has 110 feet of side-frontage and direct access to Hightower Dr, a fully developed roadway classified as a "C4U" four-lane undivided major collector with 68 feet of right-of-way and a design speed of 30-40 MPH. Packet Pg. 170 D.2 r4R NO&TH KICHLAND HILLS All 8 lots directly front Chisolm Trail, an oversized "R2U" residential street with 60-feet of right-of-way. No additional right-of-way is required from this property. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria as shown on the infrastructure construction plans. Recommendation: Approval of FP 2014-11 Packet Pg. 171 a p t a � Y D.2.a W u u mu +,l uii r /i f��/,i%�/��%// // i �°�I) � s''"/�� /i � � i/��`/i�; I ,�, ��m N��/f�o�✓�/ p�p//, ,Yin ii! sw ��y/yii u�(�w�rW'`�d6imkN�, kdo�G ! ��wJ �r' �r�m m i�"I'df!„ &Gr'uafSefi u4f9uwmi� in G 4 N LL Cq AI. � r Q ' r _ r y v iitl � d E mw m , i III � r i II i Packet Pg.172 i D.2.b ��/i,/1//,�C�/f�/��1� r, r / �rJ,�«rjr,6,rrr ,�/ � �� Ir r��/r,r,/ «, i � ,� /✓�i / ////�!�/�f�///0;�llllll!,,,,,��uwr��rr,<�"''��.�,i ,,,,p!wwr�i%/i %/��//�//i/�;;,;,, ..,�, �� ,✓G(�v��(rt'&' a � ID4'�rb��,' filer�iwll�fi, ,r;,Y✓,v�i�/i,,,,, �'ml�rw wimlmm�'. ,fw,.+ lY � w Oin �f � 11 L' W Nr �eI 04 CL / , a E ' % Packet Pg. 173 C) N U d F-- 101 �Jd � 6 o c L L '�S d '8dO J-HON`d l MVHV 10 W - >iome `L im 5 0 L L `V '8dO 3NO 'Hd-HONVd NVH aO t AOMG >- Cn iV1.0•�l ,09 ° m ~ 7/V(VI H70HSIHO -x U)- :2 Q Lo > w 0° r SZ'S59 -3 cc jf c go. ,'8'l8 ,l8'L8 ,1818 ,1818 ,l8'l8 ,1818 ,18•l8 ° 1'8 ,OZ o 0 0 7'8 ,OZ + + 3 N 3 3 C ( 3 � � Y 3 CT CT � Ln � Ln U ) z (n z � - L1J - U z � � 0 ~O ~O O d p (n p N O 10 M J O to J O i° O co J O = i� J p m ° J O 07 amp O O � °' C L AOMO Co cc U) ( N U) l 1 'l8 ling z lL 'fi59 M «Zf',50.00 N Lj Q w Li CO � n Cn Q � LnV) w00 ° � w '� � w '1'O'1'2�'a V L L Od `VozV 'ion I m w N � MVHV?10 3NLS3N?13 (INd 'f/M18 M cD ° ry S3a3V L6L'� d0 d3aNIVM3 J L,j n Lo N Co ~ U � ° QO J C/-) ° O j _ •ion c aNd �:96 Od 6L�6ZZ rn 'Od'Z ZL< <O*;ZZ ^10,1'0 O283SN3 _05 D.2.d C.5 FP 2014-11 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3A on 1.655 acres located in the 6900 block of Chisholm Trail. Chad VanSteenberg came forward to present the staff report for the final plat request for Graham Ranch Phase 3A. Staff recommends approval. Mark Wood, 6617 Precinct Line Rd came forward to present. Mr. Wood is requesting final Plat for Graham Ranch Phase 3A. APPROVED Bill Schopper motioned to approve FP 2014-11. The motion was seconded by N Mike Benton. The motion passed unanimously (5-0). a C.6 FP 2014-12 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3B on 7.733 acres located in the 6800 blocks of King Ranch Road and Four Sixes Ranch Road. Chad VanSteenberg came forward to present the staff report for the final plat request N for Graham Ranch Phase 313. Staff recommends approval. 0- 0 Mark Wood, 6617 Precinct Line Rd came forward to present. Mr. Wood is requesting N final Plat for Graham Ranch Phase 3B. N L d APPROVED E Bill Schopper motioned to approve FP 2014-12. The motion was seconded by o' Mike Benton. The motion passed unanimously (5-0). Z 0 N a U- 0 E ca Q Packet Pg. 175 D.3 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: FP 2014-12 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3B on 7.733 acres located in the 6800 blocks of King Ranch Road and Four Sixes Ranch Road. Presenter: John Pitstick, Director of Planning & Development Summary: CASE SUMMARY: Graham Partners, Ltd is requesting approval of a Final Plat for Graham Ranch Phase 3B, a 24-lot "R-2" residential subdivision on 7.733 acres located at the intersection of Chisholm Trail and King Ranch Road. General Description: CASE DETAILS: The average lot within the development is 9,000 square feet in size; with corner and oversized lots not exceeding 13,279 square feet. The development will also connect to and extend the existing walking trail that runs south and west of the property so that it connects to the new proposed streets. There is also a 50 foot gas pipeline easement that runs north/south through the property, cutting through several lots to create separate open space lots. Because of this gas pipeline, the Chesapeake gas well pad site, and the surrounding residential development, the Graham property to the north will likely remain a large estate-size lot in perpetuity. EXISTING SITE CONDITIONS: Undeveloped/vacant. The area once contained a "frac pond" associated with the nearby Chesapeake gas well site; but it has recently been filled and compacted. PLATTING STATUS: Unplatted and described as a 7.733-acre portion of Tract 3A03 in the William Mann Survey, Abstract No. 1010. The Preliminary Plat for this development was approved by the Planning & Zoning Commission on August 21, 2014. The proposed Final Plat is consistent with the approved Preliminary Plat. EXISTING ZONING: "R-2" Single Family Residential. SURROUNDING ZONING / LAND USE: North: AG Agricultural & R-2 Single Family Residential / Low Density Residential South: R-3 Single Family Residential / Low Density Residential East: R-2 Single Family Residential / Low Density Residential West: RI-PD Residential Infill Planed Development/ Low Density Residential Packet Pg. 176 D.3 r4 NO&TH KICHLAND HILLS COMPREHENSIVE PLAN: "Low Density Residential" THOROUGHFARE PLAN: The subdivision has access to Chisholm Trail, an oversized "R2U" residential street with 60 feet of right-of-way. Right-of-way and road improvements will be provided to extend and connect King Ranch Road and Four Sixes Ranch Road with this development. Each street is a standard 50-foot "R2U" residential street design. ROUGH PROPORTIONALITY DETERMINATION: The developer will be responsible for 100% of all paving, water, sanitary sewer, and drainage infrastructure needed to support the development in accordance with the City's design criteria. Recommendation: Approval of FP 2014-12 Packet Pg. 177 (ZVtlWZ d= OLU) deW fll!UIDin UlUZ d=l :lu9wLl3Blld co o � a Chisholm Tr 0 WL rir Ln w w � Lm r 0 �.3.b F ro. "," r %� ,, o ,',. "u r �;:;n �r„ :�.�:�.w „' =Y "f;';"�"� 1Y1,»"I /+iY mwrrnmA'w^wr� �7""�^ ✓`�/ r/i In'r..i r/ /i /i" 7 ,. , ,.. ,.d / 1 ,,,,,,,,i/!/�/%';.YIIaY,J 1 +„�r r"../II r,.,, „/ r//ia�io/ ,,✓// r Y. i p it r i / r w rw y' 1�' ( "' N � { � � ,�� Iliuu I II I � iiIIJ I��ti'�Y' I I I��6iill u dw LL O 14 7 C14 1 I uN 1rrr ,/ / 1,k% d a j N d. O N w rr/ LL «,. E I t rrii� Q lid I / Packet Pg. 179 r I I I' 1 I r J I''I R ph I " I I � I Y! Ill,i Iii 1�,9 Ij a II II INrd � r PIT ,illy hI L I.; I Ewa " I ' 11, I "s 0 IIII Ili�ad'SII:, IsW' I i4 I I III G P D.3.d C.5 FP 2014-11 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3A on 1.655 acres located in the 6900 block of Chisholm Trail. Chad VanSteenberg came forward to present the staff report for the final plat request for Graham Ranch Phase 3A. Staff recommends approval. Mark Wood, 6617 Precinct Line Rd came forward to present. Mr. Wood is requesting final Plat for Graham Ranch Phase 3A. N APPROVED Bill Schopper motioned to approve FP 2014-11. The motion was seconded by N Mike Benton. The motion passed unanimously (5-0). a C.6 ° FP 2014-12 Consideration of a request from Graham Ranch Partners, LTD for a Final Plat of Graham Ranch Phase 3B on 7.733 acres located in the 6800 blocks of King Ranch Road and Four Sixes Ranch Road. Chad VanSteenberg came forward to present the staff report for the final plat request N for Graham Ranch Phase 313. Staff recommends approval. 0- 0 Mark Wood, 6617 Precinct Line Rd came forward to present. Mr. Wood is requesting N final Plat for Graham Ranch Phase 3B. N L d APPROVED E Bill Schopper motioned to approve FP 2014-12. The motion was seconded by o' Mike Benton. The motion passed unanimously (5-0). Z 0 N a U- 0 E ca Q Packet Pg. 181 E.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Consider Resolution No. 2014-030, recommending award of bid for the 39th Year Community Development Block Grant (CDBG) project to McClendon Construction for paving of Jennings and Dude Court Presenter: Caroline Waggoner, City Engineer Summary: The City Council is being asked to recommend an award of a construction contract by Tarrant County for the project identified as "Jennings Drive / Dude Court Street Reconstruction" in the Capital Projects Budget (Project No: ST1404). General Description: The Jennings Drive / Dude Court Street Reconstruction (the "Project") consists of the City's 39th Year Community Development Block Grant (CDBG) Project. Although the City of North Richland Hills is an entitlement city and therefore receives CDBG funds directly, the city has contracted with Tarrant County's CDBG Department to administer the city's CDBG funds. Essentially, the city determines the projects and the county administers the projects. However, the city reviews all bids and consultant contracts and makes recommendations to the county for approval. Tarrant County therefore awards both the design consultant and construction contracts. Tarrant County's administration of the city's CDBG Projects does not include construction inspection; the city will provide these services. The entire project consists of reconstructing Jennings Drive and Dude Court from an asphalt street section to a concrete street section. The project was bid with a base bid which consisted of the street and drainage construction, two (2) additive alternates and one (1) deductive alternate. Each additive alternate is for a section of sanitary sewer reconstruction, and the deductive alternate is for sidewalk construction. Alternate Bid B includes replacing the majority of the existing clay sanitary sewer line with a new PVC system. Alternate Bid C allows for the replacement of roughly half of the sanitary sewer system. Deductive Alternate D removes sidewalk from the project scope. An explanation of this bid alternate is below. Tarrant County staff reviewed and approved the project's contract documents prior to bidding and scheduled a Bid Opening for November 19, 2014. Bids were received by Tarrant County at their offices on this date. A total of three (3) contractors submitted bids; these bids are summarized in the table below: Packet Pg. 182 E.1 r4 NO&TH KICHLAND HILLS ALTERNATE DEDUCTIVE BASE BID A ALTERNATE BID C ALTERNATE + BID B (PARTIAL D ALTERNATE Name of Contractor BASE BID A (SEWER) SEWER) (SIDEWALKS) B McClendon Construction $627,256.00 $233,457.50 $168,948.50 -$61,950.00 $860,713.50 JLB Contracting $593,022.20 $271,059.50 $195,667.65 -$59,725.00 $864,081.70 FNH Construction $732,679.00 $299,855.00 $200,471.00 -$63,200.00 $1,032,534.00 Deductive Alternate D (Sidewalks): The project plans provide for the placement of 4' wide concrete sidewalks within the existing public right-of-way per the City's standard design criteria. The residents on Jennings Drive have submitted a petition requesting that sidewalks not be constructed with the project. The reasons cited for this request include loss of trees, the somewhat isolated location of the street lacking connectivity to other sidewalks, and a general sense of finding them unnecessary. This response is somewhat typical in an established neighborhood which has never had sidewalks. In response to the petition, City staff sent out a questionnaire seeking feedback on the sidewalk issue. One property owner on Jennings indicated that they were in favor of sidewalks even though they had signed the petition against them. The rest of the Jennings / Dude property owners remained opposed to the sidewalk. As has been done on similar street reconstruction projects, the new sidewalks would be aligned as necessary to minimize the impact to existing trees and landscaping. With 9.5' of parkway to work within, the sidewalk can "meander" around trees or be placed closer to the street in most cases to avoid conflicts. Unfortunately there are some cases where a tree in the right-of-way would need to be removed to address grade issues or to prevent future damage to the street caused by root intrusion into pavement. Examples of recent street reconstruction projects which successfully introduced sidewalks include Mackey Drive, Odell Street, Terry Drive, Douglas Road, Shady Grove Road and Colorado Boulevard. The project was bid in such a manner to allow for sidewalks on both sides of Jennings Drive and Dude Court for the entire length of the project, or for the streets to be constructed without sidewalks. However, there is a difference between Jennings Drive and the other streets and that is the isolation of the neighborhood. This neighborhood consists of 3 streets, Jennings Drive, Jerri Jo and Pearl. None of the other streets have sidewalks and neighborhood is surrounded by Boulevard 26 and Harwood Road which also do not connect to sidewalks. The intent of the sidewalks is to provide connectivity to all areas of the city and to provide for pedestrian safety. It would be a challenge to provide citywide connectivity to this neighborhood, leaving pedestrian safety as the sole reason for installing sidewalks. The impact on pedestrian safety is partially mitigated by the low volume of traffic, generated primarily by the residents themselves, and theoretically a lower volume of pedestrians due to the lack of pedestrian connectivity to the rest of the community. Packet Pg. 183 E.1 r4 NO&TH KICHLAND HILLS Tarrant County is requesting the city to recommend an award of the bid for this project. Because the city's criteria is to have sidewalks installed on all new and reconstructed streets and to be consistent with previous street reconstruction projects awarded with sidewalks constructed on both sides, staff is recommending that the project be awarded with the Base Bid A plus Alternate Bid B. However staff could see justification to not construct sidewalks in this neighborhood for the reasons mentioned above. If Council elects to eliminate sidewalks from the scope of the project, then Deductive Alternate D can simply be included in the motion and the sidewalk costs will be subtracted from the total award. Both the city and county have had prior experience with the low bidder on projects of similar scope and size and both believe McClendon Construction to be a reliable contractor. The project budget is comprised of both CDBG and City funds for this project, so the North Richland Hills will need to pledge to pay the difference between the available CDBG funds and the project total. There are sufficient funds in the project budget to cover the recommended award. Tarrant County: $239,971.18 North Richland Hills: $620,742.32 Total: $860,713.50 Construction is anticipated to begin in January and take 150 calendar days to complete. Recommendation: Recommend Award of Bid to Tarrant County for the 39th Year Community Development Block Grant Project: Jennings Drive / Dude Court Street Reconstruction Base Bid A plus Alternate Bid B to McClendon Construction, Inc. in the amount of $860,713.50 - Resolution No. Packet Pg. 184 E.1 r4 NORTH KICHLAND HILLS (RESOLUTION IF SIDEWALKS ARE NOT INCLUDED) RESOLUTION NO. 2014-030 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID OF THE 39TH YEAR CDBG PROJECT FOR THE RECONSTRUCTION OF JENNINGS DRIVE AND DUDE COURT FROM AN ASPHALT STREET SECTION TO A CONCRETE STREET SECTION. WHEREAS, funds are available from bond funds and the 39th Year Community Development Block Grant program; and, WHEREAS, the Jennings Drive and Dude Court Street Reconstruction Project (the "Project") was bid by Tarrant County; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to McClendon Construction Co., Inc.; and, WHEREAS, Tarrant County has agreed to pay $239,971.18 and the City of North Richland Hills has agreed to pay $558,792.32 for the Jennings Drive and Dude Court Street Reconstruction Project without sidewalks on Jennings Drive; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: Section 1. THAT the City of North Richland Hills herby recommends that Tarrant County award the contract for the Jennings Drive and Dude Court Street Reconstruction Project to McClendon Construction Co., Inc. in the bid amount of$798,763.50. Section 2. THAT the City of North Richland Hills is hereby authorized to pay $558,792.32 to Tarrant County for disbursement to McClendon Construction Co., Inc. for the Jennings Drive and Dude Court Street Reconstruction Project. PASSED AND APPROVED this 8tH day of December, 2014. Packet Pg. 186 E.1 r4 NORTH &QCHLAND HILLS CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: (Dept Head Name & Title) Packet Pg. 186 E.1 r4 NORTH KICHLAND HILLS (RESOLUTION IF SIDEWALKS ARE INCLUDED) RESOLUTION NO. 2014-030 A RESOLUTION RECOMMENDING AWARD BY TARRANT COUNTY OF A BID OF THE 39TH YEAR CDBG PROJECT FOR THE RECONSTRUCTION OF JENNINGS DRIVE AND DUDE COURT FROM AN ASPHALT STREET SECTION TO A CONCRETE STREET SECTION. WHEREAS, funds are available from bond funds and the 39th Year Community Development Block Grant program; and, WHEREAS, the Jennings Drive and Dude Court Street Reconstruction Project (the "Project") was bid by Tarrant County; and, WHEREAS, Tarrant County's consultant and City staff have recommended award of the Project's bid to McClendon Construction Co., Inc.; and, WHEREAS, Tarrant County has agreed to pay $239,971.18 and the City of North Richland Hills has agreed to pay $620,742.32 for the Jennings Drive and Dude Court Street Reconstruction Project; and, WHEREAS, Tarrant County desires a recommendation by the City Council of the City of North Richland Hills; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS: Section 1. THAT the City of North Richland Hills herby recommends that Tarrant County award the contract for the Jennings Drive and Dude Court Street Reconstruction Project to McClendon Construction Co., Inc. in the bid amount of$860,713.50. Section 2. THAT the City of North Richland Hills is hereby authorized to pay $620,742.32 to Tarrant County for disbursement to McClendon Construction Co., Inc. for the Jennings Drive and Dude Court Street Reconstruction Project. PASSED AND APPROVED this 8tH day of December, 2014. Packet Pg. 187 E.1 r4 NORTH KICHLAND HILLS CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: George A. Staples, Attorney Packet Pg. 188 (piemV uoilon.gsuoo JBao aeeA u16£ MO Z U0449d :luauauoelld coo ' r LLI� ice'' (L v (L Ile 00 7;c . . .._ -,-?0 7 RECEIVED .. ...... ... ..... ........ ....... ........ .......... . ... .. . . . ...... NOV 17 2014 CITY SECRETARY (piennd uoijon.gsuoo JBao aeeA u16£ : MO Z U0449d :1U9Wg3e11d 0 vIM JLIMIMU)IVJ URIVC IIM IMURIr1 M11- ILHIVU NILU) W 17. TO:THE CITY OF NORTH RICHLAND HILLS COUNCIL AND DEPARTMENTS INVOLVED IN ROAD AND SIDEWALK CONSTRUCTION ca FROM:THE HOMEOWNERS ON JENNINGS DRIVE (L Thank you for your decision to construct new roadway in Richland Oaks Subdivision. The signatures below are from the property owners who are against the construction of sidewalks on Jennings Drive.This is an old- er and well established neighborhood.There are many large trees and shrubs, landscaped/planter areas, and sprinkler systems in the sidewalk pathway. Due to elevation difference between the roadway/sidewalk and the yard,at least one residence would re- quire the yard to be cut back with a retainer wall.We conclude that this neighborhood would be negatively effected by the con- struction of sidewalks. PRINT NAME ADDRESS SIGNATURE DATE 5.2. 3 y 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. (piennd uoijon.gsuoo oeao aeeA u16£ : MO Z U0449d :1U9Wg3e11d R5 •-.• . .. v1 JIVLVV/1L1\J vIV JLIVIVIIVIJJ URIVL IN IVURI rl rNK_rILHIVU MILL) � W � . h TO:THE CITY OF NORTH RICHLAND HILLS COUNCIL AND DEPARTMENTS INVOLVED INROAD AND SIDEWALK CONSTRUCTION FROM:THE HOMEOWNERS ON JENNINGS DRIVE (L Thank you for your decision to construct new roadway in Richland Oaks Subdivision. The signatures below are from the property owners who are against the construction of sidewalks on Jennings Drive.This is an old- er and well established neighborhood.There are many large trees and shrubs, landscaped/planter areas,and sprinkler systems in the sidewalk pathway. Due to elevation difference between the roadway/sidewalk and the yard, at least one residence would re- quire the yard to be cut back with a retainer wall.We conclude that this neighborhood would be negatively effected by the con- struction of sidewalks. PRINT NAME ADDRESS SIGNATURE DATE T �W& t s 'iA) 6. r 7. - �a 8. �t 9. r A)RR /A-/ C4 10. � 12. OL 13. PLC /'\ti pR&Lj 15. -- 16. �-✓Y�� j c{�s Z �t�R-ciC% 18. 60 19. ' E 0 0 0 4 U tt� g U tt r U �U R � F�gl ULB-T-ER-DR N o Jennings Dr/ IRRhSH-DR Q J z Dwle Vi � � Q Z cc � S-T-PAT-RtCfF"sT Q G Street Y` W z 2 z o J GA{-L�*1 O'BRIAN-WAY o¢' 0 Reconstruction ERAL-D-HILL-S qy a m z 0m Z z EMEF�#LD Yb WA)1 N� h Jennings Dr/Dude Vi 'R■' (/'�� E-ME-RALD-GIR� O Q Street.Reconstruction/ m 9c V P c o C SAN p ,^ ACINTO V CT m 0 0 U LAM" L CT p HARWOOD RD N d HARWOOD-RD t r+ 6'a M m W E o it` r n 9�r0 00 o N o � � o � o S r O TH-OUSAN D-OAKSiiR�3 ++ V JEiRRIE JO-0 N O R T H O � RICHLAND L ��P�oti6 HILLS 0 0 0 z yl m � O o n U) z 0 m C 0 o p � R p m Project Locator Map \�e ° m I y x -111 DIA Ti2i J +� '� W W NOR�THTII'R� IIIIIIIIIIII y, iii 5 N SURSEV RD ,�f E III e��ll'I IIIIIIIIII � m �-DR m w III - - m-�EDFOILI II,I I- „srnRNesRD BEDFORD-EULESS�2-0 BEDFORD I IIIIII IIIIIIIIIIIIIE 6 DIIII o o RD EU -EULESS RD Q III UII III ��II ql Il uuuuuu uu uu uuuuuull IV�uuuu uu uu uuuuu B uuuuu l i l FIIII IU cRnR .p .I p r ......: e o a��I � II , I a III NELDo I VIII I o 0 uE UIE D VIII O�'c Iit,F I .III II �lu I Scale: 1 = 800' 10 JUN 14 Standard Maps\CIP S_Jennings_Dude reconstruction.mxd Information Services Department GIS Packet'IPg.192 (piemV uoilon.gsuoo JBao aeeA u16£ MO � U044ad :luauauoelld v _ � � r w i 0 a . 7-1 velc-wal�o Lij RECEIVED OCT a 1 2014 CITY SECRETARY (piennd uoiton.gsuoo JBao aeeA u16£ : MO � U0449d :tuauauoett`d V ^ -• •�-•- •-•• •••-- • .... .,....v�.IIVIV vI JIVLVVr II Iw %./IV JLIMIN IIV V.) "IN IVL IIV IVUn 11-1 111%.1-ILMINV 171 ILL-) r r . W fi. TO:THE CITY OF NORTH RICHLAND HILLS COUNCIL AND DEPARTMENTS INVOLVED IN ROAD AND SIDEWALK CONSTRUCTION v FROM:THE HOMEOWNERS ON JENNINGS DRIVE (L Thank you for your decision to construct new roadway in Richland Oaks Subdivision. The signatures below are from the property owners who are against the construction of sidewalks on Jennings Drive.This is an old- er and well established neighborhood.There are many large trees and shrubs, landscaped/planter areas, and sprinkler systems in the sidewalk pathway. Due to elevation difference between the roadway/sidewalk and the yard,at least one residence would re- quire the yard to be cut back with a retainer wall.We conclude that this neighborhood would be negatively effected by the con- struction of sidewalks. PRINT NAME ADDRESS SIGNATURE DATE I C2 2. 3. q 8. 9. 10. I 12. � 13. 14. ---� In r 7_'�/ �� 16. 19. 9 F.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Consider Ordinance No. 3344, awarding the solid waste and recycling collection contract to Republic Waste Services. Presenter: Karen Bostic, Assistant City Manager Summary: Republic Waste Services has been the City's solid waste and recycling vendor since February 1, 2008. The initial contract was for a 5 year term with two one year renewals. The final renewal will expire January 31, 2015. As such, a Request for Proposals was issued in June to have a new contract in place beginning February 1, 2015. Tonight we are asking City Council to consider awarding the contract to Republic Waste Services. General Description: On June 19, 2014, the City of North Richland Hills issued a Request for Proposals for Solid Waste and Recycling Services within the city. Proposers were asked to provide a proposal based on the current contract conditions as well as encouraged to provide alternate proposals. On July 30, 2014 the city received proposals from four vendors: Republic Waste Services, Waste Management, Progressive Waste Solutions and Community Waste Disposal (CWD). As requested, the companies submitted base proposals as well as alternates which would modify the current service levels in some way. The alternate proposals included trash carts, recycling carts, once a week trash collection, every other week recycling collection, adding 1 or 2 days to the weekly collection schedule, once a week brush collection and monthly brush collection. On September 22, 2014 a presentation was made to City Council during the work session to seek direction from Council on the services to be provided as part of the next Solid Waste and Recycling Services contract. After discussing the various service delivery options received as a result of the Request for Proposals, City Council direction was to seek best and final offers for six (6) service delivery methods. All options were to include 2 free hauls to the landfill/brush collection site for each household per year. Additionally, all options included the use of a 65 gallon rolling cart for the collection of recycling once per week. The delivery options included Monday/Thursday and Tuesday/Friday trash and recycling collection with either 4 cubic yards of bulk/brush or 10 cubic yards of bulk/brush collected on a regular collection day or having a special brush day. Another set of options was Monday through Saturday collection of trash and recycling with either 4 cubic yards of bulk/brush or 10 cubic yards of bulk/brush collected on a regular collection day or having a special brush day. Packet Pg. 195 F.1 r4 NO&TH KICHLAND HILLS On October 27, 2014, the Best and Final proposals were presented to City Council along with the costs of the various options. This information was presented to Council without including the company names. Council direction was to negotiate with the vendor that provided the lowest cost for the current level of service with the addition of the 65 gallon rolling recycling cart. The company that provided the lowest cost was Republic Waste Services. The proposed contract with Republic Waste Services is for a five year term with 2 one- year option extensions and is to commence February 1, 2015. We believe Republic will be able to continue providing good, quality residential and commercial collection and disposal services and that they are financially secure and stable to continue to provide this over the term of the contract. They have a landfill contract that will cover their contract time with North Richland Hills and beyond. Contract terms include the following: • Two times a week "take all" service on Monday/Thursday or Tuesday/Friday • Once a week curbside recycling using 65 gallon carts on one of the regularly scheduled trash days • Curbside Christmas tree collection plus drop-off locations • All city facilities receive free collection • 84 free hauls of roll off containers for the city • $15,000 donation each year to Keep NRH Beautiful • $10,000 donation per year for senior programming • 2 free hauls to the landfill for residents, new service with this contract • Dedicated route supervisor for North Richland Hills • Five holidays per year with make-up days • 5 year initial term with 2 one-year extensions upon mutual agreement • Annual adjustment beginning in year two equal to 2.75% or DFW CPI, whichever is greater, but not to exceed 4.5% The cost to residents is $12.87 per month, an increase of $1.77 or 15.95%. The increased cost is mainly for the new recycling carts and the trucks needed for the collection of the carts. The benefit of the carts compared to the 18 gallon recycling bins we have been using is in the amount of recycling they hold which should increase participation in recycling. The carts are also easier to move to the curb than carrying a bin as the carts have wheels. We realize there will be "growing pains" when we switch to the carts but we will provide as much information to residents as we possibly can to make the transition easier. In accordance with the City Charter, franchise ordinances require two readings by the City Council. The first reading will be conducted on December 8, 2014 and the second reading is scheduled for January 12, 2015. Recommendation: Packet Pg. 196 F.1 r4 NO&TH KICHLAND HILLS To approve the first reading of Ordinance No. 3344 Packet Pg. 197 F.1 r4 NORTH KICHLAND HILLS ORDINANCE NO. 3344 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, GRANTING A FRANCHISE AND APPROVING A CONTRACT FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES. WHEREAS, in order to protect the public health and safety of the citizens of North Richland Hills, The North Richland Hills City Council finds it necessary to provide solid waste and recycling services, and WHEREAS, the City Council finds it in the best interest of the public to provide such solid waste and recycling services through a private collection disposal and recycling contractor, and WHEREAS, the City Council finds that the contract attached hereto will provide such services at the best rates and under the best terms available, taking into account price, dependability and quality of service to the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. THAT the City Council does and hereby adopt the above findings. SECTION 2. THAT the contract attached hereto and made a part hereof, be and is hereby approved as a franchise with Republic Waste Services, SECTION 3. THAT the City Manager is hereby authorized to execute the contract attached hereto as the act and deed of the City. SECTION 4. This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 8th day of December, 2014. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Packet Pg. 198 F.1 r4 NO&TH KICHLAND HILLS Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Assistant City Manager Packet Pg. 199 F.1.a SOLID WASTE AND RECYCLING COLLECTION CONTRACT M THIS CONTRACT(the "CONTRACT")is made and entered into on by and between the CITY OF NORTH RICHLAND HILLS, a municipal corporation of Tarrant County, Texas z (hereinafter referred to as "CITY") and REPUBLIC WASTE SERVICES OF TEXAS, LTD, a Texas limited partnership (hereinafter referred to as "CONTRACTOR"). WHEREAS, the CITY desires to provide residential and commercial customers within its O corporate limits with solid waste collection, transport, disposal and recycling services for a term of 5 years ending January 31, 2020; and 0 WHEREAS, the CITY strongly encourages customers and the CONTRACTOR to actively pursue v recycling opportunities in order to attain State recycling goals; and 0 d WHEREAS, the CONTRACTOR has provided the CITY with a response to its Request for c Proposals (RFP) dated July 30, 2014 for solid waste disposal and recycling services on a Contract basis. v NOW, THEREFORE, in consideration of the mutual agreements hereinafter contained and in order to preserve and protect the public health of the citizens of the CITY it is hereby understood and 0 agreed by the parties hereto as follows: ca 1. Grant. CITY hereby grants to CONTRACTOR a Contract to engage in the business of 0 collecting and disposing of all residential and commercial Acceptable Waste as defined M herein below which is generated within the corporate limits of the CITY and, further, hereby grants to CONTRACTOR a license and permit to use the public streets, alleys, 0 easements and thoroughfares within the limits of the CITY for said business during the co term of this Contract. c L 2. Term. The term of this Contract shall be for five (5)years commencing on February 1, Q 2015 and terminating on January 31, 2020,with options to extend the Contract for two (2) additional one (1)year terms. These options may be exercised by mutual agreement co of the parties. 0 3. Definitions. Wherever used herein, the hereinafter listed terms shall have the following N meanings: LO a) Acceptable Brush: Tree trimmings that are tied in Bundles, and stacked at N curbside. Tree trimmings cannot be the result of commercial tree trimming L services. +' 0 U b) Residential Construction Debris: Waste building materials generated by the +; homeowner at their residence resulting from construction, remodeling, repair, or demolition operations. The term Residential Construction Debris does not include dirt, concrete, rocks, bricks, or roofing shingles, or waste generated as a result of contractor services used for the activities described above. co C) Acceptable Fencing: Fence panels cut into four(4')feet by six(6')feet sections. Loose pickets must be tied and in Bundles. ca d) Acceptable Waste: Any and all nonhazardous waste that is Solid Waste, Q including Yard Waste, Trash, Bundles and Bulky Waste, Acceptable Brush and Acceptable Fencing, , except for"Unacceptable Waste", as defined herein. SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet',Pg.200 F.1.a e) Backdoor Garbage Service (Elective Carry-Out Service): Acceptable Waste pick up from behind the building line. The waste shall be M placed in front of the building facing the street in such a manner clearly visible c from the street as to be accessible without entering a gate. Backdoor Garbage z Service shall be provided at an additional charge as later specified in this document for all residential households who request the service. L f) Bulky Waste: Stoves, refrigerators (with verification that CFC components have O been removed by a certified technician), Residential Construction Debris, Acceptable Fencing, water tanks, hot water heaters, washing machines, furniture and other waste materials with weights or volumes greater than those allowed for c containers but does not include Unacceptable Waste. v 0 g) Bundles: Tree and shrub trimmings or loose fence pickets that are cut into lengths no longer than four (4') feet and tied into bundles that weigh no more c than fifty(50)pounds in weight. v h) By-Products With Residual Value: Any excess industrial, manufacturing or commercial by-products or significant and constant volumes of materials of a d company which have a residual value on the open market, (such as cardboard and packing materials). ca d i) Commercial Containers: Metal containers supplied by CONTRACTOR affording adequate capacity to service a customer so as to prevent spillage, unsightly and unsanitary conditions. 0 co j) Curbside Service: Acceptable Waste or Recyclable Materials to be picked up by c the CONTRACTOR will be located at the curbside of the street bearing the CU customer's address or, if there is no curb, where the customer's property line Q meets the street. co k) Debris: Dirt, concrete, rocks, bricks, lumber, plaster, sand or gravel, other waste building materials, automobile frames, or large,uncut dead trees. c N O 1) Disposable Containers: Any plastic bag or cardboard box with a capacity or `I' LO volume of thirty three (33) gallons or less and which is capable or containing solid waste or trash without leaking or emitting odors, and which weighs, when N loaded, less than fifty(50)pounds. ca L m) Hazardous Waste — includes, but is not limited to, any amount of waste listed or C characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to Resource Conservation and Recovery Act of 1976, and including future amendments thereto, and any other applicable law. — 0 co n) Loose Brush: Tree and shrub trimmings that are not easily placed in disposable containers or Bundles. ca o) Multi-Family/Apartment Residential Complex: A structure in which three or Q more families reside and claim as their permanent address. SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet'Pg.201 F.1.a P) Permanent Containers: Any closed, waterproof, plastic or metal container or can with a capacity or volume of thirty three (33) gallons or less and which is capable of containing solid waste or trash without leaking or emitting odors, and which M weighs,when loaded, less than(50)pounds. 0 Z q) Recyclable Materials: Ca Metal Cans: Rinse metal cans and place in bin. O Aluminum Cans: Aluminum beverage cans. ca L Glass: Clear, green and brown glass bottles and jars. v No mirrors, window glass, plate glass or light r- bulbs. 2 d Plastic Bottles: Only plastic bottles with recycling symbols, 91, o 92, 93, 44, 95, and 97. Examples include: milk v bottles, soft drink liter bottles, detergent bottles, S cleaning bottles and shampoo bottles. Rinse and remove lids. 0 Newspapers, Magazines, Catalogs Newspapers,magazines and catalogs including 0 slick and glossy inserts. Junk Mail, Cardboard, Junk mail, envelopes, cereal boxes, cardboard, 0 Paper chipboard and other household paper. co Mixed Household No tissues, wet paper or paper contaminated c with food products are acceptable. All cardboard ca must be broken down to a size that will fit inside 3 the cart. Q co Other: Items that are mutually agreed to be recyclable by CITY and CONTRACTOR, or as a result of c changes in any local, state or federal Laws, N ordinances or regulation. LO 0 N r) Recycling Containers: A sixty-five (65) or ninety-five (95) gallon plastic wheeled ca container, to be used for the storage and placement of Recyclable Materials at a Residential or Commercial Premise. Any container must be approved by the C CITY. d ca S) Solid Waste: Waste animal or vegetable matter (as from a kitchen or food p rocessin g facility), tin cans bottles sacks clothes extinguished ashes, paper (not including heavy accumulations of newspapers and magazines) and any other co household waste which is damp or capable of emitting noxious odors, as such is defined under the laws of the United States and/or the State of Texas and/or the d regulations promulgated thereunder and that is acceptable for disposal in a Landfill. Solid Waste does not include Unacceptable Waste. Q t) Special Waste: Any waste, even though it may be part of a delivered load of waste excluding insignificant quantities found in residential waste,which is: SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet',Pg.202 F.1.a (1) defined as such by the laws of the United States and/or the State of Texas and/or the regulations promulgated thereunder; or (2) medical waste, including infectious or pathological waste from M laboratories,research facilities, and health and veterinary facilities; and c (3) dead animals and/or slaughterhouse waste; or z (4) sludge waste, including water supply treatment plant sludge and stabilized and/or un-stabilized sludge from municipal or industrial wastewater treatment plants; or (5) liquid waste, which for the purposes of this Contract means any waste 0 material that is determined to be or contain "free liquid" by the paint filter test(EPA Method 9095); or (6) waste from an industrial process; or 0 (7) waste from a pollution control process; or v (8) waste transported in a bulk tanker; or (9) friable and/or non-friable asbestos waste; or (10) empty containers which have been used for pesticides, herbicides, 0 fungicides, or rodenticides; or v (11) containerized waste (e.g., a drum, barrel,portable tank, box,pail, etc.) of S a type listed in this definition; or (12) residue or debris from the cleanup of a spill or release of chemical 0 substances, commercial products or other wastes listed in this definition; or is (13) soil, water, residue, debris or articles which are contaminated from the 0 cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of wastes listed in this definition, including soil contaminated from underground storage tanks 0 used or formerly used for the storage of petroleum products; or co (14) residential wastes, only if a change in federal or state law, statute, c regulation, rule, code, ordinance, permit, or permit condition, which ca occurs after the Effective Date of this Contract, requires special or Q additional management that differs from the requirements applicable on the Effective Date of this Contract; or co (15) any waste that requires other than normal handling, storage, management `*' and/or disposal. c N O N U) Trash: All household waste other than solid waste, debris, brush, household furniture and appliances. Trash shall include grass,yard clippings, leaves, weeds, c heavy accumulations of newspapers and magazines, Recyclable Waste, old N clothes and other household trash of like kind, but shall not include Hazardous Wastes. 0 U V) Unacceptable Waste: Any and all waste that is either: +; ca (1) waste which is now or in the future prohibited from disposal at a sanitary landfill by state, federal and/or local laws and/or the regulations promulgated there under; or co (2) "Hazardous Waste"; or (3) "Special Waste", as defined herein; (4) waste which is prohibited from disposal at the Landfill by CONTRACTOR including tires, concrete, and bulk petroleum or chemical products or by-products; or Q (5) liquid waste, as defined herein, and septic tank pumping and grease and grit trap wastes; or SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet'Pg.203 F.1.a (6) sludge waste, including water supply treatment plant sludge and stabilized and/or un-stabilized sludge from municipal or industrial wastewater treatment plants; or M (7) dead animals and/or slaughterhouse waste, except for animals euthanized c under the authority and direction of CONTRACTOR; or z (8) any waste, including "Special Waste" as defined herein, which because of its quantity, concentration, frequency of disposal, required disposal procedures, regulatory status, or physical, chemical infectious or other characteristics jeopardizes or may jeopardize the environmentally sound O operation of the disposal site, as determined by CONTRACTOR in its sole discretion. (9) non-Residential Construction Debris. c (10) Appliances containing CFC's that do not bear a certification tag that v shows the CFC's have been properly recovered in accordance with C federal law. d 0 W) Yard Waste: Grass or shrubbery cuttings, leaves, tree limbs, and other materials v accumulated as the result of the care of lawn, shrubbery, vines and trees. Yard waste does not include food wastes from gardens such as fruits or vegetables. d 4. Residential ca a) Duties and Obligations of Residential Customers. Every owner, agent, lessee, +; tenant or occupant of any residential premises in the CITY ("residential customer") shall have the following duties and obligations: (1) Preparation of Materials and Special Collections: Residential customers co shall prepare all Acceptable Waste in accordance with city ordinances o and as provided within the scope of the terms and provisions contained herein. Residents may place for collection, up to four cubic yards of Bundles and Bulky Waste each week. co If the Acceptable Waste or Loose Brush is more than four (4) cubic yards, the customer must contact the CONTRACTOR to schedule c pickup. CONTRACTOR will collect and dispose of all Loose Brush or o Acceptable Waste over four(4) cubic yards at the rate set forth in Exhibit `� LO A. Or, if the material that exceeds four (4) cubic yards is Loose Brush, the residential customer may request a chipper service from c°•, CONTRACTOR at the rate set forth in Attachment A, with a one hour minimum charge. Residents with any material that is not Unacceptable Waste may contact CONTRACTOR to schedule an appointment for v CONTRACTOR to inspect the materials and provide the customer with an estimate to collect the materials. Arrangements for these services can be made by contacting CONTRACTOR'S customer service representative Monday through Friday, 8:00 a.m. to 6:00 p.m. 0 Residents of the CITY shall also have access to the Arlington Landfill to dispose of materials. CONTRACTOR shall provide each resident two d free landfill entries for the disposal of Acceptable Waste each year subject to the terms set forth in Exhibit B, the "Landfill Rate Schedule". �a Additional entries into the Arlington Landfill shall be subject to the Q terms and rates as set forth on Exhibit B. Residents must present a SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet'Pg.204 F.1.a voucher obtained from the CITY to utilize as one of their free landfill entries. In all cases,residents must produce a photo ID. (2) Containers Secured: Each residential customer shall keep all such M containers in use securely closed in such a manner as to prevent the c scattering of the contents thereof and to render said contents inaccessible z to insects,rodents and other animals. (3) Draining Liquids: Each residential customer shall drain all acceptable Waste and Recyclable Materials mixed with water or other liquids before placing the same into appropriate containers. O (4) Placement of Waste and Materials: Each residential customer shall place appropriate containers containing Acceptable Waste, Recyclable Materials and tied bundles of brush at the curbside on the R.O.W. c bearing such residential customer's address in such a manner as to be v easily accessible for collection and as to prevent Acceptable Waste, C Recyclable Materials and tied bundles of brush from being scattered. (5) Residential Containers: Each residential customer shall provide and use c containers (disposable or permanent) sufficient in number to hold the v Acceptable Waste accumulating on the premises. Only the recycling containers furnished by CONTRACTOR shall be used for Recyclable Materials. (6) Special Waste: No residential customer shall place for collection, or permit to be placed for collection, any Special Waste or Unacceptable ca Waste. +; (7) Time of Placement of Acceptable Waste and Recyclable Materials in Containers: All appropriate containers and tied bundles of brush required to be located at the curbside shall be placed at the prescribed curbside locations not more than twelve hours prior to the scheduled collection co day and not later than 7:00 a.m. on the scheduled collection day. o Residents shall remove their recycle carts from the curb by the end of the day on the scheduled day of their recycle collection. (8) Vines and Bushes: Each residential customer shall place all vines and thorny bushes in disposable containers. co (9) Waste and Materials in Containers: Each residential customer shall place all Acceptable Waste and Recyclable Materials (including brush,if the c size of the brush allows)in either disposable containers,permanent o containers, Bundles, or recyclable containers. `;' LO b) CONTRACTOR's Duties and Obligations - Residential. It shall be the duty and c°*4 obligation of CONTRACTOR to perform the following services: L Collection: CONTRACTOR agrees to make two (2)weekly curbside v take-all collections for Acceptable Waste and one (1)weekly curbside collection for Recyclable Materials. The city shall be divided into a North and a South division with roughly the same number of single family residences in each. Collections from one such division shall be picked up on Mondays and Thursdays and collections from the other co division shall be picked up on Tuesdays and Fridays. The schedule shall be subject to approval of the city manager or his designee. Collections for Recyclable Materials from residential customers shall be on one of the same days that Acceptable Waste is collected. CONTRACTOR shall �a not commence service to residential customers prior to 7:00 a.m. and Q shall not pick up in residential areas after 7:00 p.m.Unusual, emergency situations requiring a later one-time temporary change in schedule shall SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet',Pg.205 F.1.a be timely communicated to the City Manager or his designated representative,prior to such temporary time change being made.No collections will be made on Saturdays, Sundays or holidays except as set M forth in paragraph 6.m. (See Section"6.m"for more information about c holidays). The recycling collection will be in addition to the regular z twice weekly collection of Acceptable Waste. CONTRACTOR shall pick up both regular and backdoor service customers in the manner specified herein. (2) Customer Service, Complaints, Supervisor: CONTRACTOR agrees to O designate and maintain a route supervisor for CITY and to maintain an office located in Tarrant County with a local telephone number for the purpose of handling complaints and other calls regarding the collection c service provided by CONTRACTOR. CONTRACTOR agrees to secure v an annual listing in the appropriate telephone directory under the name C by which it conducts business in the community. CONTRACTOR agrees to keep said phones available for calls from 7:00 a.m. to 6:00 p.m. every c day except Saturday, Sunday and the holidays set forth in Section (6.m) v herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned hours. CONTRACTOR shall also maintain voice mail and web site " d access for complaints after 6:00 p.m. Complaints received prior to 12:00 p.m. on any day for a missed or incomplete pickup shall be collected that ca same day. Complaints received after 12:00 p.m. on any day for a missed 0 or incomplete pickup shall receive priority and such solid waste or recyclables which are the subject of the complaint shall be collected by 12:00 p.m. the following day. A daily log of all service calls, complaints,inquiries and the action taken thereon, shall be maintained by co CONTRACTOR. o (3) Equipment and Services Furnished: CONTRACTOR agrees to furnish trucks, equipment, machinery, tools, and labor at its own expense, to Q adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits co of the CITY for services described in this contract. Contractor shall `*' conduct its operations in a systematic, clean, healthful, and sanitary c manner. CONTRACTOR shall not be responsible under this Contract for o collecting and disposing of Hazardous Waste, Special Waste, `� LO Unacceptable Waste or Debris. (4) Take-All Service: CONTRACTOR shall collect all Acceptable Waste c°*4 placed on the curb as part of the regular waste collection cycle providing that the items are acceptable for landfill disposal and the items are contained in permanent containers, temporary containers, or Bundles. v Brush must be Acceptable Brush and fencing material must be Acceptable Fencing material. Construction debris must be Residential Construction Debris. CONTRACTOR will collect up to four cubic yards of Bundles and Bulky Waste each week from each residential unit as part of normal service collections. CONTRACTOR shall not be required to co collect any Unacceptable Waste or debris as defined herein. CONTRACTOR shall also provide a separate special collection or brush a) chipper service option to residents wishing to schedule the collection of Loose Brush. There is a separate fee for such service and shall be as �a prescribed in Attachment A. Q (5) Landfill Disposal and Vehicle Standards: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet',Pg.206 F.1.a the laws of the State of Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent M leakage and the blowing or scattering of materials or waste onto the c public streets of CITY or adjacent properties. Vehicles shall at all times z be maintained in good repair. Further, such vehicles shall be clearly marked with CONTRACTOR'S name and phone number in letters not less than four (4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be O washed and deodorized as necessary, but at minimum once each week and shall be kept in sanitary condition. When purchased, vehicles must meet the standards existing at the time of purchase as set out by the c TCEQ/EPA guidelines. v (6) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an C on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, c CONTRACTOR agrees to provide an estimate of the cost to remove and v dispose of such items and upon mutual Contract between CONTRACTOR and customer, the CONTRACTOR shall perform the service. The agreed upon fee for the service shall be paid by the customer d immediately upon completion of the work performed. (7) Non-Collection Days: CONTRACTOR agrees that no collections will be ca made on Saturdays, Sundays or Contract designated holidays except for +; Saturday collection days required to make up for holidays. (See Section "6.(m)" for more information about holidays). (8) Residential Recycling Containers: CONTRACTOR shall provide each residential customer a sixty-five (65) gallon container, which shall be co dedicated solely for the collection of Recyclable Materials. Such o container shall be delivered to each residential customer by the CONTRACTOR that includes molded in lid graphics explaining how the Q container is to be used and other information pertinent to the recycling service and materials collected. The CONTRACTOR shall charge a co replacement cost for any recycling container which is lost, stolen, or destroyed after a residential customer is initially provided a recycling c container. The charge for replacing a recycle container shall be as o prescribed in Exhibit A, Collection Rate Schedule. Residential customers `� shall not be responsible for any containers damaged or destroyed by "' CONTRACTOR, or as result of a manufacturer defect. Residents may c°•, request additional recycle containers for their residence and shall pay an additional monthly fee per additional container as prescribed in Exhibit A. CITY shall bill the additional fees through the residents monthly v utility bill. (9) CONTRACTOR shall make accommodations for carryout service for ca disabled or elderly residents who are physically unable to place their recycle containers at the curb. The City Manager shall determine which residents are eligible for this service. Placement of the recycle container co in this instance shall be located in an area easily accessible by the CONTRACTOR's collection crews. (10) Routes and Schedules: Collection routes shall be established for the collection of Acceptable Waste and Recyclable Materials as necessary to �a fulfill the requirements of this Contract. The CONTRACTOR shall Q submit a map designating the collection routes and proposed days of collection to the CITY for approval. CONTRACTOR shall give the SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet',Pg.207 F.1.a CITY thirty days advance notice prior to any route change. All route changes must be approved by the CITY Manager. CITY shall have the right to require alteration of service to any premises wherein unsightly or M unsanitary conditions have resulted from inadequate containers or an c insufficient number of collections, and CONTRACTOR shall be z compensated for any such required additional services. (11) Christmas Tree Recycling: See Section 6.d. L C) Residential Charges. O (1) Customer Billing: CITY agrees to bill all residential customers served by CONTRACTOR. CITY further agrees to collect and remit all sales taxes c to the appropriate governmental authority. v (2) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on C or before the 25th day of each month the appropriate charges as hereinafter provided. c (3) Residential Acceptable Waste Charges and Residential Recycling v Charges: CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billing (excluding all appropriate sales taxes) from the collection of acceptable waste and for recycling d services within the corporate limits of the CITY together with a billing and collection fee of 8% of the gross billing (excluding all appropriate ca sales taxes) for a total of 12%. CITY shall remit to the CONTRACTOR 0 its check in the amount of 88% of all amounts billed for residential solid waste and recycling service for ACCEPTABLE WASTE and recyclables collected. The 12% not remitted for residential billings shall become the Property of the CITY. co (4) Modification of Rates: CONTRACTOR shall maintain such residential o rates as shown in Attachment "A" until January 31, 2016. The residential rates effective on February 1, 2016 and annually thereafter, Q shall be adjusted and will be calculated as follows: the rates shown in Attachment "A" will be increased by the CPI for All Urban Consumers (CPI-U, Series ID CUURA316SAO,CUUSA316SSAO) for the Dallas- Fort Worth, Texas Area for the previous twelve months according to the c most recently published data from the Bureau of Labor Statistics of the c U.S. Department of Labor or 2.75% whichever is greater; except that the `� LO increase will not exceed 4.5% for any one year. In addition, an additional increase ("Other Increase") may be requested by the c°•, CONTRACTOR no more often than once per year for extraordinary expenses not covered by the CPI, such as Federal, Local or State mandates or other extraordinary operating expenses directly related to v the provision of the services under this Contract over and above what is d in existence at the time the contract is initiated. In support of any additional request, CONTRACTOR shall furnish evidence as to the need for the Other Increase to the City Manager, or designee. If the City Manager agrees with the Other Increase, then the City Manager will co recommend acceptance of the Other Increase to the City Council for its approval, disapproval, or modification. If the City Manager does not d agree with the Other Increase, CONTRACTOR and the City Manager, or designee, will attempt in good faith to agree to an amount of the Other �a Increase that the City Manager will recommend to the City Council for Q its approval, disapproval, or modification. If no agreement can be reached, and the CONTRACTOR chooses, the City Manager will submit SOLID WASTE AND RECYCLING COLLECTION CONTRACT.............................................................................. 9761582.1/011379.0996 Packet'Pg.208 F.1.a the Other Increase to the City Council for its approval, disapproval, or modification. (5) Modification of Landfill Rates — CONTRACTOR shall be allowed to M adjust the rates set forth in EXHIBIT B, the Landfill Rate Sheet, on an c annual basis,but the total increase shall not exceed 20% above the initial z Contract rates over the term of this Contract and any renewals as defined herein. CONTRACTOR may request additional increases over and above the 20% described herein, for additional expenses incurred as a result in changes to law, and or regulations imposed after the effective date of this O Contract. CITY shall consider any such requests in good faith and shall not unreasonably deny such request. (6) Residential Acceptable Waste: CITY and CONTRACTOR agree that the c MONTHLY CUSTOMER SERVICE CHARGE for residential v customers shall be as described on ATTACHMENT"A". c (7) Residential Recycling: CITY and CONTRACTOR agree that the curbside residential recycling monthly service charge shall be as c provided in Attachment "A". Residents 65 years of age and older and/or v permanently disabled (upon satisfactory proof of age or disability) may execute a request for an exemption of 75¢. If requested, the CITY will grant an exemption to each head of household 65 years of age and above d or permanently disabled an amount of 75¢ from the curbside Recycling charge. The CITY will remit to the CONTRACTOR the amount ca normally submitted to the CONTRACTOR for each regular account, less 0 the 75¢. (8) CITY shall ensure that at all times during the term of this Contract that the CITY will charge, pursuant to an ordinance duly passed by the CITY's governing body, a sufficient rate from the CITY's residential v°) customers to pay the amounts due under this Contract and to otherwise o operate the CITY's solid waste collection system, including all applicable sales taxes and billing and collection costs and procedures for customers services hereunder. CITY shall provide to CONTRACTOR a copy of all ordinances referenced by the paragraph within thirty (30) d co days of passing each such ordinance. (9) It is expressly understood by the Parties hereto that all payments due by c the CITY hereunder are to be made from revenues received by the CITY c from the operation of its solid waste collection system and that all `� payments to be made hereunder shall constitute operating expenses of "' such waste collection system. CONTRACTOR shall not have any right c°•, to demand payment of any obligation of CITY under this Contract from funds raised or to be raised by taxation. No obligations of CITY under this Contract shall be construed to be a debt of the CITY of such kind as 0 to require under the laws of this State the levy and collection of a tax to d discharge such obligation. 5. Commercial, Industrial, Institutional and Multi-Family 0 co a) Duties and Obligations of Commercial, Industrial, Institutional and Multi- Family Customers. Every owner, agent, employee or person otherwise in charge d of any commercial, institutional, industrial and multi-family premises within the CITY ("commercial customer") shall have the following duties and obligations: �a Q (1) Containers Secured: Each commercial and multi-family customer shall keep all commercial containers pursuant to the CITY's Zoning Ordinance SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet'Pg.209 F.1.a and in such a manner as to prevent the scattering of the contents thereof and to render said contents inaccessible to insects, rodents and other animals. M (2) Draining Liquids: Each commercial and multi-family customer shall c drain all Acceptable Waste or Recyclable Materials mixed with water or z other liquids before placing same into a commercial container, and, further, no commercial or multi-family customer shall place for collection, or permit to be placed for collection, any Unacceptable Waste, Hazardous Waste or Special Waste. O (3) Sufficient Containers: Each commercial and multi-family customer shall be provided by CONTRACTOR containers sufficient in number to hold the Acceptable Waste or Recyclable Materials accumulating on the c U premises. � (4) Waste and Materials in Containers: Each commercial and multi-family C customer shall cause all Acceptable Waste or Recyclable Materials accumulating on such premises to be placed in commercial containers. c Commercial and multi-family customers shall place said containers in a v certain designated location which is agreed to by CONTRACTOR and customer, bearing such customer's address for collection at the same time and in the same manner as is provided for residential waste collection. The location of the customer's container shall be placed such that no damage results to the pavement or asphalt surfaces. CONTRACTOR ca shall not be liable for damages to pavement or asphalt surfaces, which +; result from the container being placed in such location. (5) Other Waste: Any company which produces on a regular basis industrial, manufacturing, or commercial products which have a residual value in the open market or that produce significant and constant wastes, such as co cardboard from their business, may sell and market said products in a o manner determined by the individual company and are not required to utilize the CONTRACTOR for this service. If such companies use other, non-CONTRACTOR commercial/industrial recyclers for such waste, such recyclers shall conform to and be permitted or franchised as co apparent under CITY of North Richland Hills' rules and regulations. Any questions or disputes shall be resolved at the discretion of the City c Manager. o (6) Other Recycling: Any company desiring to recycle wastes that are not or `;' cannot be recycled by CONTRACTOR shall only use such commercial "' industrial recycling company that has a current permit or franchise in c°•, North Richland Hills. ca L b) CONTRACTOR's Duties and Obligations - Commercial. Industrial. Institutional v and Multi-Family. It shall be the duty and obligation of CONTRACTOR to perform the following services: (1) Containers: CONTRACTOR shall provide all commercial containers for Acceptable Waste or Recyclable Materials storage which are available co upon request of the owner or occupant of any premises within the corporate limits of CITY, excluding single family and two family d residences. The commercial containers provided by CONTRACTOR shall be (i) equipped with suitable covers to prevent blowing or �a scattering of Acceptable Waste or Recyclable Materials while being Q transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with the SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.210 F.1.a CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height, and (iv) emptied not less than one time each week. CONTRACTOR shall provide to commercial customers, M containers sufficient in number and size to hold all of the customer's c Acceptable Waste and Recyclable Materials. z (2) Customer Service, Complaints, Supervisor: CONTRACTOR agrees to designate and maintain a route supervisor for CITY and to maintain an office located in Tarrant County with a local telephone number for the purpose of handling complaints and other calls regarding the collection O service provided by CONTRACTOR. CONTRACTOR agrees to secure an annual listing in the appropriate telephone directory under the name by which it conducts business in the community. CONTRACTOR agrees c to keep said phones available for calls from 7:00 a.m. to 6:00 p.m. every v day except Saturday, Sunday and the holidays set forth in Section (6.m) C herein, and to keep said phone staffed with sufficient competent personnel to handle calls and inquiries during the above-mentioned c hours. CONTRACTOR shall also maintain voice mail and web site v access for complaints after 6:00 p.m. Complaints received after noon on any day for a missed or incomplete pickup shall receive priority and such solid waste or recyclables which are the subject of the complaint shall be collected by 12:00 p.m. the following day. A daily log of all service calls, complaints, inquiries and the action taken thereon, shall be ca maintained by CONTRACTOR. +; (3) Equipment Furnished: CONTRACTOR agrees to furnish trucks, CU equipment,machinery, tools, and labor at its own expense, to adequately, efficiently and properly collect and dispose of Acceptable Waste or Recyclable Materials from premises within the corporate limits of the co CITY in a systematic, clean, healthful, and sanitary manner. o CONTRACTOR shall not be responsible under this Contract for collecting and disposing of Hazardous Waste, Special Waste, Q Unacceptable Waste or Debris. (4) Large Objects/Large Quantity: The CONTRACTOR agrees to provide an co on-call service for the collection of large objects and quantities of debris, including temporary roll-off service. Upon request by a customer, c CONTRACTOR agrees to provide an estimate of the cost to remove and o dispose of such items and upon mutual Contract between `;' LO CONTRACTOR, shall perform the service. The agreed upon fee for the service shall be paid by the customer immediately upon completion of c°•, the work performed. (5) Lawful Disposal: CONTRACTOR agrees that the Acceptable Waste collected will be disposed of in compliance with the laws of the State of v Texas. All vehicles used by the CONTRACTOR for the collection and transportation of Acceptable Waste or Recyclable Materials shall be protected at all times while in transit to prevent leakage and the blowing or scattering of materials or waste onto the public streets of CITY or properties adjacent thereto and shall at all times be maintained in good co repair. Further, such vehicles shall be clearly marked with CONTRACTORS name in letters not less than four (4) inches in height and shall be individually numbered on both sides and on the back of the truck. All collection equipment shall be washed and deodorized as �a necessary, but at minimum once each week, and shall be kept in sanitary Q condition. Vehicles must meet the current standards set out by the TCEQ/EPA guidelines. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet'Pg.211 F.1.a (6) Non-Collection Days: CONTRACTOR agrees that no collections will be made on Saturdays, Sundays, or Contract designated holidays except for commercial accounts that require collection on these dates. (See Section M "6.(m)" for more information about holidays). c (7) Routes and Schedules: CITY shall have the right to require alteration of z service to any premises wherein unsightly or unsanitary conditions have resulted from inadequate containers or an insufficient number of collections, and CONTRACTOR shall be compensated for any such required additional services. CONTRACTOR shall adjust schedules and O times of collection to avoid disturbance of residential areas when picking up from commercial, industrial and institutional customers prior to 7:00 a.m. 0 0 (8) Multi-Family Unit Recycling: CONTRACTOR agrees to work with v CITY and multi-family complexes to develop workable methods for o multi-family unit recycling. The fees for such recycling services will be agreed to by the parties. c (9) General Recycling: CONTRACTOR agrees to provide recycling services v upon request to commercial, industrial and multi-family customers. In the event it is not cost effective for CONTRACTOR to make such services available, it has the right to decline. It is understood that customers can engage a permitted or franchised commercial hauler to collect solely and pure recyclable materials if clearly separated in a ca recyclable container only at customer's location. +; ca C) Commercial, Industrial, Institutional and Multi-Family Charges. (1) Commercial, Industrial, Institutional and Multi-Family Acceptable con Waste: CITY and CONTRACTOR agree that the monthly service o charges for commercial, industrial, institutional and multi-family Acceptable Waste shall be provided in ATTACHMENT "A", which is Q attached hereto and incorporated herein by reference. (2) Modification of Rates: CONTRACTOR shall maintain such d co Commercial, Industrial, Institutional and Multi-Family Charges rates as shown in Attachment "A" until January 31, 2016. The Commercial, c Industrial, Institutional and Multi-Family Charges rates effective on N February 1, 2016 and annually thereafter, shall be adjusted and will be LO calculated as follows: the rates shown in Attachment "A" will be increased by the CPI for All Urban Consumers (CPI-U, Series ID N CUURA316SAO,CUUSA316SAO) for the Dallas-Fort Worth, Texas ca Area for the previous twelve months according to the most recently published data from the Bureau of Labor Statistics of the U.S. o Department of Labor or 3%whichever is greater; except that the increase will not exceed 4.5% for any one year. In addition, an additional increase ("Other Increase") may be requested by the CONTRACTOR no more often than once per year for extraordinary expenses not covered by the CPI, such as Federal, Local or State mandates or other extraordinary on v operating expenses directly related to the provision of the services under this Contract over and above what is in existence at the time the contract 0 is initiated. In support of any additional request, CONTRACTOR shall furnish evidence as to the need for the Other Increase to the City Manager, or designee. If the City Manager agrees with the Other Q Increase, then the City Manager will recommend acceptance of the Other Increase to the City Council for its approval, disapproval, or SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.212 F.1.a modification. If the City Manager does not agree with the Other Increase, CONTRACTOR and the City Manager, or designee, will attempt in good faith to agree to an amount of the Other Increase that the M City Manager will recommend to the City Council. If an agreement is c reached, City Manager will recommend the agreed upon Other Increase z to the City Council for its approval, disapproval, or modification. If no agreement can be reached, and the CONTRACTOR chooses, the City CU Manager will submit the Other Increase to the City Council for its approval, disapproval, or modification billing. O (3) Customer Billing: CITY agrees to bill for all permanent and regularly scheduled commercial, industrial, institutional and multi-family customers served by the CONTRACTOR. CONTRACTOR agrees to bill c for temporary container service. CONTRACTOR will submit to the v CITY within two days following the end of each calendar month a detail C and summary report for all permanent and regularly scheduled customers for billing purposes. Detail and summary reports must balance. c CONTRACTOR will submit, for informational purposes, a listing of the v temporary container services the CONTRACTOR billed, which includes customer name, address, service type and charges. CITY further agrees to collect and remit all sales taxes to the appropriate governmental authority. (4) Payment to CONTRACTOR: CITY agrees to pay to CONTRACTOR on ca or before the 25th day of each month the appropriate charges as a) hereinafter provided: (5) Commercial, Industrial, Institutional and Multi-Family Recycling Charges: The service charge for commercial, industrial, institutional and multi-family recyclable materials collection shall be negotiated between co the CONTRACTOR and customer and submitted to CITY for billing. o (6) Commercial, Industrial, Institutional and Multi-Family Acceptable Waste Charges and Commercial, Industrial, Institutional and Multi-Family Recycling Charges: CONTRACTOR agrees to pay a franchise fee to the CITY in an amount equal to 4% of the gross billing (excluding all co appropriate sales taxes) from the collection of acceptable waste and for recycling services within the corporate limits of the CITY together with a c billing and collection fee of 6% of the gross billing (excluding all c appropriate sales taxes) for a total of 10%. CITY shall remit to the `� LO CONTRACTOR its check in the amount of 90% of all amounts billed for Commercial, Industrial, Institutional and Multi-Family Acceptable Waste c°*4 service and Commercial, Industrial, Institutional and Multi-Family Recycling Service. The 10% not remitted for Commercial, Industrial, Institutional and Multi-Family Acceptable Waste service and v Commercial, Industrial, Institutional and Multi-Family Recycling billings shall become the Property of the CITY. (7) CITY shall ensure that at all times during the term of this Contract that the CITY will charge, pursuant to an ordinance duly passed by the CITY's governing body, a sufficient rate from the CITY's commercial, U° industrial, institutional and Multi-Family customers to pay the amounts due under this Contract and to otherwise operate the CITY's solid waste d collection system, including all applicable sales taxes and billing and collection costs and procedures for customers services hereunder. CITY �a shall provide to CONTRACTOR a copy of all ordinances referenced by Q the paragraph within thirty(30) days of passing each such ordinance. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet'Pg.213 F.1.a (9) It is expressly understood by the Parties hereto that all payments due by the CITY hereunder are to be made from revenues received by the CITY from the operation of its solid waste collection system and that all M payments to be made hereunder shall constitute operating expenses of c such waste collection system. CONTRACTOR shall not have any right z to demand payment of any obligation of CITY under this Contract from funds raised or to be raised by taxation. No obligations of CITY under this Contract shall be construed to be a debt of the CITY of such kind as L to require under the laws of this State the levy and collection of a tax to O discharge such obligation. ca L O U 6. Miscellaneous c d a) Assignment of Contract: This Contract and any and all rights and obligations of c CONTRACTOR hereunder may be assigned by CONTRACTOR to any parent U company, affiliate, or subsidiary of CONTRACTOR without the consent of the E CITY, but may be assigned to any other third party only with the prior written consent of the CITY's City Council. d b) Applicable Law: CITY and CONTRACTOR (and customers) shall comply with all rules and regulations of any federal, state, or local authority. In this regard, ca CONTRACTOR shall not be required to collect and dispose of any Unacceptable 0 Waste, Special Wastes, or any other improper waste. Should CONTRACTOR elect to dispose of such materials, CONTRACTOR shall receive a fee or charge mutually acceptable to CONTRACTOR and the party requesting disposal of such materials. CONTRACTOR further agrees to comply with all applicable state and co federal laws regulating collection and disposal of waste, and to hold the CITY o harmless of and from all claims and demands of any persons or governmental agency in connection with its landfills. Q C) Bad Debt Collections and Write-Offs: The CITY will diligently pursue the collection of bad debts and those which are deemed uncollectible after 90 days co will be written off by the CITY and write-offs will be adjusted (deducted) from CONTRACTOR'S monthly payment following the quarter of the write-offs. c Although write-offs will be made, CITY will continue to pursue collection and o any bad debts collected after any quarterly payment adjustment will be added to `� LO the next monthly payment to the CONTRACTOR. CONTRACTOR reserves the right to suspend service to any unit associated with an uncollectible bad debt. c°•, d) Christmas Tree Recycling: Trees placed at curbside with plastic or other contaminants shall be collected and disposed of as part of regular trash collection and not as part of recycling collections. CONTRACTOR shall collect Christmas v trees without plastic or other contaminants at curbside on two dates selected and publicized by CONTRACTOR and either transport such trees to a site designated by CITY, or a site of CONTRACTOR's choosing where CONTRACTOR shall grind the trees into mulch and return such mulch to CITY for use by the CITY as 0 it chooses. y e) CITY Liaison: CONTRACTOR and CITY agree that the City Manager will be the authority for the approval of charges for any service not contemplated by this d Contract and for the disposition of any dispute between customer and CONTRACTOR. The CITY may designate a CITY employee to act as an �a enforcement officer hereunder and to act as a liaison between the CITY and Q CONTRACTOR. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet'Pg.21 F.1.a f) CITY Ordinances: CITY agrees to pass such ordinances as are necessary to effectuate all terms of this Contract including all duties and obligations required of residential and commercial customers. M M g) Contract Execution: This Contract may be executed in any number of c counterparts, each of which will for all purposes be deemed to be an original, and z all of which are identical. h) Contract Validity: If any provision or portion of this Contract is for any reason unenforceable,inapplicable, or invalidated then such provision or portion shall be reformed in accordance with applicable laws and the other provisions hereof will O remain in full force and effect in the same manner as if such unenforceable, inapplicable or invalidated provision had never been contained herein. The invalidity, inapplicability, or unenforceability of any provision or portion of this c Contract shall not affect the validity, applicability or enforceability of the other U provisions or portions of this Contract. 0 i) CONTRACTOR Liability Insurance: CONTRACTOR assumes all risk of loss or injury to property or persons to the extent resulting from its negligence or willful c misconduct in the performance of its services under this Contract, and agrees to U indemnify and hold harmless the CITY from all claims, demands, suits, judgments, costs or expenses arising from any such loss or injury. CONTRACTOR agrees to carry the following types on insurance (any of the 0 insurance coverage required herein may in part, or in whole, come from self funded, ERISA, or self insurance plans): ca 0 Coverage Limits of Liability Worker's Compensation or Statutory equivalent 0 co w 0 Automobile Liability $1,000,000 Combined Single Limit, bodily injury and property damage Q combined co General Liability $1,000,000 Combined Single Limit, bodily injury and property damage c combined o N Property Damage Liability $1,000,000 each occurrence Except Automobile $2,000,000 aggregate c°•, Excess Liability Coverage $2,000,000 aggregate 0 U 0 CONTRACTOR agrees to furnish the CITY Certificates of Insurance evidencing that such insurance has been procured and is in force. CONTRACTOR agrees to indemnify CITY from any and all claims arising out co of any failure by CONTRACTOR to provide workers' compensation, or its equivalent, as required by state law and this Contract. 0 E M j) Performance Bond: The successful CONTRACTOR shall be required to furnish a performance bond as security for the faithful performance of this Contract. Said Q performance bond must be in an amount equal to $250,000 and must remain in effect for the term of this contract and any extension hereof. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.216 F.1.a The CONTRACTOR shall pay any and all premiums for the bonds described above. A certificate from the surety showing that the bond premiums are paid in M full shall be submitted to the CITY on an annual basis for the duration of the c contract. z 0 k) Customer Service: CONTRACTOR shall provide responsive customer service and maintain sufficient staffing thereto. Any and all reports of missed or incomplete pickups to residential units received prior to 12:00 p.m. shall be O "resolved" by the end of the CONTRACTOR'S workday. Any and all such reports received after 12:00 p.m. shall be "resolved" before 12:00 p.m. the following day. Any and all reports of missed or incomplete pickups to 0 commercial units received prior to 10:00 a.m. shall be addressed by the end of v the CONTRACTOR'S workday. Any and all such reports received after 10:00 0 a.m. shall be addressed before 12:00 p.m. the following day. CONTRACTOR will pay a $25.00 per occurrence penalty to CITY for each missed collection if c not picked up within the remedy period provided herein or in Paragraph's 4(b)(2) v and 5(b)(2). If the same address is missed and not picked up within the remedy period more than three times in any 90 day period, the penalty to be paid by CONTRACTOR shall be doubled. The City Manager will make the final 0 determination as to whether the issue was "resolved." CONTRACTOR will respond to and initiate action to resolve any other complaints within 24 hours. Ca 0 If CONTRACTOR has more than ten (10) instances during a 30 day period in which the missed or incomplete pickup is not "resolved" as set forth above ("Event"), the CITY may deduct from the consideration to be paid CONTRACTOR, as a penalty, the sum of 51,000 for the Event. co w 0 CONTRACTOR agrees not to place Recyclable Materials, which are in Recycling Containers, into trucks carrying other Acceptable Waste. If Q CONTRACTOR has ten (10) or more confirmed instances of violating the foregoing sentence, then CONTRACTOR will pay $25.00 per occurrence as a co penalty for each such violation, however in no event shall such penalties exceed $1,000 in any thirty (30) day period. The City Manager's decision is final as to c whether a violation is confirmed. o N If CONTRACTOR is unable to provide service to a substantial number of "' customers on a particular day("Maj or Non-Service Event"), and this Major Non- c°*4 Service Event is not caused by a Force Majeure, the CITY may expedite the times set forth in Paragraph 6(t) as follows: 0 (1) The CONTRACTOR shall be allowed a ten (10) day period to cure 0 pursuant to Paragraph 6(t)(1), ca (2) The CITY may demand that the hearing before the City Manager or his designated representative as set forth in paragraph 6(t)(2) can be held on only 48 hour notice to CONTRACTOR; and co (3) The CITY may demand that the hearing before the City Council as set forth in paragraph (6)(t)(3) can be held on 10 days notice to 0 CONTRACTOR. ca The CONTRACTOR shall provide one contact person (name and phone #) for Q any and all complaints and requests from City staff. The CONTRACTOR shall SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.216 F.1.a monitor its own operations for efficiency and shall periodically perform customer satisfaction surveys. M M 1) Free Service to CITY: CONTRACTOR shall provide free pickup and disposal,in c manners specified by the CITY, for all CITY owned facilities, except z CONTRACTOR will not provide free pickup and disposal for CITY owned facilities that are managed or operated by private third parties, excluding Iron Horse Golf Course, for which CONTRACTOR will provide free service. CONTRACTOR will provide eighty-four (84) roll off hauls annually at no O charge for all other CITY properties, events and facilities, including NRH2O Family Water Park and Iron Horse Golf Course. These free 84 roll off hauls also include community cleanup programs as defined by the CITY. These programs c are conducted on four (4) Saturdays per year. The CITY will require six (6) of v these 84 roll offs for participation in Texas Recycles Day, Trinity Trash Bash C Fall Community Clean Ups and Great American Cleanup. The CITY shall also have free dumping privileges of up to 400 cubic yards of waste per month during c the term of this agreement at the nearest landfill or transfer station used by the v CONTRACTOR. All amounts in excess of 400 cubic yards of waste per month E will be provided at the rate shown on Attachment `B". Free dumping is interpreted as meaning no charge or cost assessed to the CITY. CONTRACTOR shall also provide at no cost or fee to the CITY all services, materials, and equipment related to the CITY's workplace recycling program. ca d m) Holidays/Make-Up Days: CITY and CONTRACTOR agree that the following days shall be recognized as holidays: New Years Day Thanksgiving Day co Independence Day Christmas Day o Labor Day 3 The CONTRACTOR must provide a make-up day the next working day Q following the holiday, so that each customer receives the same number of co collection days as would normally be received in a non-holiday week. For a Monday holiday, Monday and Tuesday pickup will be delayed by one day. For c a Tuesday holiday, Tuesday pick-up will be on Wednesday. For a Thursday o holiday, Thursday and Friday pick-up will be delayed by one day. For a Friday `;' LO holiday, Friday pick-up will be on Saturday. 0 N If a necessity arises the CONTRACTOR believes warrants collection services on a designated holiday, approval shall be obtained from the City Manager or his designated representative, at least 24 hours prior to holiday collection. v CONTRACTOR will be solely responsible for timely notification of the affected customers of this holiday pick up. n) Hazardous and inclement Weather Days: On icy, snow or other hazardous or inclement weather days when public schools in the Birdville ISD are closed, co CONTRACTOR may elect to suspend service for that day, subject to notification to the City Manager, or his designated representative. No make-up day for a) missed weather day is required of CONTRACTOR. ca CONTRACTOR shall be solely responsible for timely notifying customers of Q this temporary suspension of service. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.217 F.1.a o) Interruption in Service: In the event that the collection and disposal of Acceptable Waste or Recyclable Materials should be interrupted by any reason for more than forty-eight (48) hours, CITY shall have the right to make M temporary independent arrangements for the purposes of continuing this c necessary service to its residents in order to provide and protect the public health z and safety. ca E If the interruption in service mentioned in the paragraph above continues for a period of seventy-two (72) hours, and is not caused by a catastrophe, riot, war, O governmental order or regulation, strike, fire, accident, act of God, changes in laws statutes, regulations or ordinances or other similar or different contingency beyond the reasonable control of the CONTRACTOR, then the CITY shall have c the right to terminate the rights and privileges granted in this Contract. v 0 P) Investigations and Public Hearings: The City Council shall have full power to examine or cause to be examined upon prior written notice to CONTRACTOR, c at a mutually acceptable time at CONTRACTOR'S premises and at CITY's v expense, the books, papers and records of CONTRACTOR which are used to m support the calculations of the charges invoiced to CITY under this Contract.. In this connection, the CITY shall have the right, through its Council, to take d testimony and compel the attendance of witnesses or the production of such books, papers and records and to examine witnesses under oath and under such ca rules and regulations as it may adopt. 0 ca q) Judicial Interpretation: CITY and CONTRACTOR agree that if any term or provision of this Contract is submitted to a court for judicial interpretation that such court shall not apply the presumption which results from the rule of co construction that a document or its contents is to be construed against the person o who himself or through his agent prepared the same. 3 Q r) Non-Collection: Should a dispute arise between the CITY, CONTRACTOR, and/or a customer as to whether the CONTRACTOR actually failed to make a collection (whether the CONTRACTOR missed a pickup) the decision of the c City Manager in such matter shall be final and CITY and CONTRACTOR agree o to abide by said decision. `;' LO However, it is understood and agreed by and between CITY and c°•, CONTRACTOR that if any customer fails to timely place brush, permanent containers, disposable containers, Recyclable Materials or commercial containers out, maintains improper or inadequate containers for the nature, volume, or v weight of Acceptable Waste or Recyclable Materials for collection, d CONTRACTOR may refrain from collecting all or a portion of such Acceptable Waste or Recyclable Materials and shall notify CITY of the reason for such non- collection. CONTRACTOR shall also provide notice to the customer of the reason for such no -collection (unless such no -collection is the result of the y n n customer's failure to timely place the brush or containers out for collection). d CONTRACTOR's notice to the customer shall be in writing, attached to the container or the front door of the residence or commercial business, and shall �a indicate the nature of the violation and the correction required in order that such Q waste or recycling materials may then be collected at the next regular collection date. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.218 F.1.a When CITY is notified by a customer that Acceptable Waste or Recyclable Materials have not been removed from his premises on the scheduled collection M day and where no notice of non-collection nor a change in collection schedule c has been received from CONTRACTOR, CITY shall investigate. If the z investigation disclosed that CONTRACTOR has failed to collect Acceptable Waste or Recyclable Materials from the subject premises without cause, CONTRACTOR shall collect same within twelve (12) hours after a collection order is issued by CITY, at no additional charge. O S) Records and Reports: The CITY shall have access at all reasonable hours, at CONTRACTOR's premises to all CONTRACTOR'S books and records which c are used to support the calculations of the charges invoiced to CITY under this U Contract and customer service reports related to the Services under this C Agreement CITY shall have the right, at CITY's expense, to audit the records set forth herein upon giving written notice. c U The following records and reports shall be emailed monthly to the CITY E Manager or his designee by the fifteenth (15th) day of each month in a format which can be electronically sorted as to each of the items specified below: d (1) Complaint list containing at least the street address, complaint code, date ca and time of complaint and the date and time of resolution; 0 (2) Customer service reports detailing call received, nature of calls and response times; (3) Reports of results of all complaint received and investigations completed by CONTRACTOR; co (4) Adequate report on recyclable collections will be submitted and shall o include the number, percentage of households participating, tonnage (by category) of recyclable, and where and how the recyclables were Q disposed of. (5) CONTRACTOR will provide a monthly report on tons of solid waste co deposited at the landfill from North Richland Hills. The report will `*' include a breakdown of how much is from residential customers and c commercial industrial customers. c (6) A monthly listing of all commercial accounts served. This list shall `� LO include customer's name, address, frequency of pickup, size of container or type of service and charges for same. c°•, ca t) Termination for Cause: If, at any time, the CONTRACTOR shall fail to substantially perform terms, covenants or conditions herein set forth, the v following steps shall be taken: d ca (1) CITY shall notify the CONTRACTOR by registered or certified mail the specific reason in support of the CITY'S claim that the CONTRACTOR has substantially breached the terms and provisions of the contract. co CONTRACTOR shall be allowed a thirty (30) day period from the date of receipt of said notice from CITY to remedy any failure to perform. d (2) Should the CONTRACTOR fail to remedy its performance after thirty (30) days, a hearing shall be held with the City Manager or his �a designated representative. Written notice shall be sent to the Q CONTRACTOR of the date and time of the hearing. The City Manager or his designated representative may recommend that the SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet'Pg.219 F.1.a CONTRACTOR has failed to remedy performance and that a termination hearing be held by the City Council or that a correction plan be approved to allow for the needed remediation by the CONTRACTOR. M (3) Should the CITY deem the CONTRACTOR to have failed to remedy c performance, a hearing shall be conducted in public by the City Council. z A notice shall be sent to the CONTRACTOR no earlier than ten (10) days before the scheduled hearing. The notice shall specify the time and place of said hearing and shall include the specific reasons in support of the CITY'S claim that the CONTRACTOR has substantially breached O the terms and provisions of this contract. The CONTRACTOR shall be allowed to be present and shall be given full opportunity to answer such claims as are set out against it in aforesaid notice. If, after said public c hearing, the City Council makes a finding that the CONTRACTOR has v failed to perform the contract, its clauses and tenants, the City Council C may, by majority vote, or other voting rule as determined by the Council, terminate the contract. Contract termination date shall be effective six c months from such findings. This Contract may, at the option of the v CITY, be terminated in the event of bankruptcy, receivership, or E assignment for the benefit of creditors by the CONTRACTOR. d U) Termination for Cause: Nothing herein waives or impairs CU CONTRACTOR's rights to terminate the Contract pursuant to law upon a material breach by the CITY. Provided, however, CONTRACTOR shall notify CITY by certified mail addressed to the CITY at the address set forth herein of specific reasons in support of CONTRACTOR's claim that o co CITY has breached the terms and provisions of this Contract. CITY shall be allowed thirty (30) days from the date of receipt of notice to remedy any alleged breach. Should the CITY fail to remedy issues related to the alleged breach of said Contract conditions, then CONTRACTOR may Q terminate the Contract. co N =1 V) School Recycling: The CONTRACTOR shall coordinate recycling efforts with c the Birdville ISD at rates agreed upon by the CONTRACTOR and Birdville ISD. c N W) Spillage: CONTRACTOR will not be required to clean up or collect loose residential Acceptable Waste or Recyclable Materials not created by its c°•, operation,but if same is not collected by CONTRACTOR, CONTRACTOR shall report the location of such conditions to CITY so that proper notice can be given to the occupant of the residence to properly contain such waste or materials. v Spillage or excess Acceptable Waste or Recyclable Materials at the location of commercial containers may be picked up by CONTRACTOR after the customer reloads the commercial container. CONTRACTOR shall then be entitled to, and shall receive, an extra collection charge for each reloaded container requiring an extra collection provided CONTRACTOR notifies CITY of such extras charge in co time for same to be included by CITY in such customer's monthly bills. Should such commercial spillage continue to occur, CITY shall require the commercial d customer and CONTRACTOR to increase the frequency of collection of such customer's Acceptable Waste or Recyclable Materials or require the customer to �a utilize a commercial container with a larger capacity and CONTRACTOR shall Q be compensated for such additional services. SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.220 F.1.a X) CONTRACTOR shall provide CITY at no charge appropriately sized recycling containers and once per week recycling service at each CITY facility. M M CONTRACTOR agrees to participate in Texas Recycles Day, Trinity Trash c Bash, Spring and Fall Community Clean Ups and Great American Clean Up z events each year, providing commercial containers and banners as determined appropriate by CONTRACTOR for each event. CONTRACTOR shall contribute annually, beginning on February 1, 2015 and O each year thereafter for the term of the contract, the sum of Fifteen Thousand Dollars (515,000) for use by the North Richland Hills Beautification Committee. 0 CONTRACTOR shall contribute annually, beginning on February 1, 2015 and v each year thereafter for the term of the contract, the sum of Ten Thousand o Dollars ($10,000) for the CITY of North Richland Hills Senior Citizen Programming. c U Y) CITY and CONTRACTOR agree that any time during the term of this Contract, the CITY may make a written request to enter into negotiations with CONTRACTOR to consider any alternative collection model ("ACM"). An ACM is any fundamental change in waste collection services, such as a change in the permitted residential collection containers, a a change in the frequency of waste pickup by CONTRACTOR or any new service deemed more cost effective due to new or increased technology. Once CITY has made such a request, CITY staff and CONTRACTOR agree to promptly enter into good faith negotiations as to the proposed 0 co ACM and any contract terms related thereto. If the CITY and the c CONTRACTOR agree to enter into a new waste services contract, the parties agree that such contract shall contain a provision to supersede and Q replace this Contract to the extent applicable. 00 N z) If Unacceptable Waste is discovered before it is collected by CONTRACTOR, CONTRACTOR may refuse to collect the entire bin, container,bag or bundle of waste. In such situations, CONTRACTOR shall contact the CITY and the CITY N shall undertake appropriate action to ensure that such Unacceptable Waste is ' LO removed and properly disposed of. If any Unacceptable Waste is not discovered c by CONTRACTOR before it is collected, CONTRACTOR may,in its sole discretion,remove, transport and dispose of such Unacceptable Waste at a location authorized to accept such Unacceptable Waste in accordance with all applicable laws. The CITY shall provide all reasonable assistance to v CONTRACTOR to conduct an investigation to determine the identity of the d depositor or generator of the Unacceptable Waste and to collect from the generator the costs incurred by CONTRACTOR in connection with such Unacceptable Waste. Subject to the CITY's providing all such reasonable 0 assistance to CONTRACTOR, CONTRACTOR shall release CITY from any co liability for any such costs incurred by CONTRACTOR in connection with such Unacceptable Waste, except to the extent that such Unacceptable Waste is E determined to be attributed to the CITY. ca aa) CONTRACTOR shall not be responsible for any damages to CITY's property or Q equipment located adjacent to the collection receptacles nor to CITY's pavement, curbing or other driving surfaces resulting from CONTRACTOR's providing the SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet'Pg.221 F.1.a services under this Contract, except to the extent caused by CONTRACTOR'S negligence or willful misconduct. M M O Z d IN WITNESS WHEREOF, the parties have executed this contract upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS REPUBLIC WASTE SERVICES OF p TEXAS,LTD �a L By: By: c CITY Manager TITLE: d 0 DATE: DATE: V .0 ATTEST: ATTEST: �a CITY Secretary ; APPROVED AS TO FORM: c w 0 Attorney for the CITY CU 3 Q co N r O N O N LO O N V f� L O U d <a O N d E t v <a Q SOLID WASTE AND RECYCLING COLLECTION CONTRACT............................................................................. 9761582.1/011379.0996 Packet',Pg.222 F.1.a M M O Z d v <a L O V L O U O v d O U Em v d <a d <a O N w O L Q co N r O N O N L0 TMM O N V f� L O U d U) m O N d E t 0 <a Q SOLID WASTE AND RECYCLING COLLECTION CONTRACT..............................................................................PAGE 1 9761582.1/011379.0996 Packet'Pg.223 M M SOLID WASTE AND RECYCLING CONTRACT EXHIBIT A O Z d COLLECTION RATE SCHEDULE v EFFECTIVE DATE:FEBRUARY 1,2015 L 0 RESIDENTIAL RATES r-. Contract Sr.Citizens v Service Level Rate Rate L Residential Curbside Trash $ 8.96 8.96 O Residential Curbside Recycling $ 3.91 3.16 V Total Residential Trash&Recycling Rate $ 12.87 12.12 O Residential Backdoor Service $ 22.43 22.43 0 d Residential Backdoor Recycling $ 8.19 7.44 U Replacement Cart $ 50.00 (Lost,stolen or customer caused damage) Cart Repair $ 10.00 (Lid,wheels,or axels-customer caused damage only) M Additional Cart $ 1.25 (Per month per additional cart) V d COMMERCIAL RATES Commercial Front Load Rates Size Ixwk 2xwk 3xwk 4xwk Sxwk 6xwk Extra- d 2 cubic yard $ 58.22 $ 109.60 $ 145.94 $ 212.95 $ 257.89 $ 291.15 $ 25.84 r� E � 3 cubic yard $ 82.63 $ 144.52 $ 190.87 $ 254.50 $ 313.78 $ 368.19 $ 32.77 4 cubic yard $ 99.82 $ 174.83 $ 241.24 $ 314.72 $ 379.94 $ 454.45 $ 41.60 6 cubic yard $ 126.45 $ 239.59 $ 339.41 $ 442.56 $ 547.37 $ 647.20 $ 58.60 - 8 cubic yard $ 146.42 $ 294.47 $ 410.96 $ 520.74 $ 653.85 $ 786.95 $ 70.59 O co w O Front Load Compactor Rates Size Ixwk 2xwk 3xwk 4xwk Sxwk 6xwk Extra- <C 4 cubic yard $ 242.21 $ $ $ $ $ $ Q 6 cubic yard $ 398.26 $ 796.51 $ 1,194.77 $ 1,593.01 $ 1,991.26 $2,389.53 $ 99.53 8 cubic yard $ 484.44 $ 968.86 $ 1,453.31 $ 1,937.77 $2,422.20 $2,906.64 $ 121.09 d 00 N r Commercial Roll Off Rates Daily Rate per LO Size Type Delivery Rental Haul Deposit o E 20 yard Open $ 126.04 $ 6.92 $ 383.00 $ 500.00 N 30 yard Open $ 126.04 $ 6.92 $ 457.54 $ 500.00 3 40 yard Open $ 126.04 $ 6.92 $ 524.08 $ 500.00 d _ t V Compacted Roll Off Rates v� Daily Rate per 4) Size Type Delivery Rental haul Deposit i 30 yard Comp NEGO NEGO $ 497.14 NEGO 34 yard Comp NEGO NEGO $ 550.87 NEGO O 35 yard Comp NEGO NEGO $ 550.87 NEGO v 40 yard Comp NEGO NEGO $ 604.61 NEGO 42 yard I Comp NEGO I NEGO $ 626.10 NEGO O U Commercial Handload Rate $ 35.00 Twice per week service,limit 4 bags per collection Q Commercial Recycle Cart $ 5.00 For 1st cart,$3.00 per additional Cart Containers with casters $ 18.91 per month Locks or gates $ 1.66 per lift K Brush Chipper Service $ 157.84 per hour-1 hour minimum charge W.. Loose brush-residential $ 12.62 per cubic yard Caster&Lockbar Charge $ 81.93 1 time installation fee d Front Load Delivery $ 75.00 Additional Yardage Fee $ 12.50 per yard v r� r� Q Packet Pg.224 F.1.c Exhibit B ARLINGTON LANDFILL d (Leased and Operated by Republic Waste Services of TX, LTD) M City of North Richland Hills "Landfill Rate Schedule" Zo GATE RATE SCHEDULE d v (Effective February 11,20115) � <a TRASH ORIGIN 3 North lRichland(Hills I Residents O L) BILL REQUIRED(Unless presenting a voucher i VEHICLE SIZE provided by the City.) O AUTOMOBILES,STATION WAGONS,PICKUPS $10/vehicle V O rN_EE19GTFr_ $10 or p u load an or tra i er oa d PICKUP TRUCKS AND TRAILERS LESS THAN 8 FEET IN LENGTH $40/ton $40 Minimum p WITH AFTER MARKET SIDEBOARDS ATTACHED TO TRUCK OR TRAILER (Deposit Required) V PICKUPS ORA -=I IN $40/ton $40 Minimum E (Deposit Required) SEMI-TRAILERS,DUMP TRUCKS AND TRUCKS LARGER THAN PICKUPS $40/ton $40 Minimum v d (Deposit Required) IX SPECIAL ITEMS ca TARP CHARGE FOR IMPROPERLY TARPED VEHICLES-STATE REGULATION $12/Vehicle 4) AUTOMOBILE/PICKUP TIRES NO Rims $8/tire -Limit of 4 LARGE TRUCK TIRES NO RIMS $15/tire-Limit of 4 CO LARGE TRUCK TIRES with RIMS Not Accepted C AGRICULTURE TIRES NO Rims $175/tire -Limit of2 AGRICULTURE TIRES with RIMS Not Accepted Q d' LIVESTOCK $10/animal 00 N Earth and inert materials that may be used for cover-CLEAN DIRT No Charge Lo T_ 0 SPECIAL HANDLING CHARGE rootballs,etc. $60 per load+disposal N U) 100%RECYCLING-METAL,COMPUTERS,APPLIANCES No Charge BRUSH GRASS&LEAVES ONLY No Charge 4- (Customer to de-bag on site) <a J BRUSH&UNPAINTED/UNTREATED CLEAN WOOD $5/cy $20 Minimum CITY OF North Richland Hills Residents Only(Does not apply to contractors) North lRichland(Hills residents a ire allowed two fireee visits to they Airfington ILandfill each year. I Residents urmrnust Ipirrese nt ail voucher,w1hi¢a:lh d urmrnust be obtained fined froirn they City,'taw utilize one of their fireeea visits. Residents Ipirreseair tingl Ilw.e„ads airee.restricted to ail standard Ipi¢a:llc.•ulp(bed wit � no side-boards or ail standard tiraileir,of 6 feet in le ing th or less. _ Z YNO'i IEI liRA'IIES IDEIPI .'ll"IED ABOVE AIRIE IFOIR NOliR'i 111 I I .IH11L. INIL I1111L.lNw.S IRIESIIDEIN'll"S OINIw.Y. iR u'IIES IDO IN0'1 ARPILY IFOIR C01MIMERCIAIL. .LS'1°0IMlE:lRS. m t THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL: x Lead Acid Batteries, Used Oil Filters,Tires, Liquids, Pesticides,CFC, PCB, Regulated Hazardous Waste W d E t v <a Q Packet Pg.225 H.1 r4 NO&TH KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: December 8, 2014 Subject: Announcements Presenter: Mary Peters, Public Information Officer Summary: At each Council meeting a member of the governing body announces upcoming events in the City and recognizes an employee that exemplifies the City's core values. General Description: Announcements - Keep NRH Beautiful is accepting nominations for its annual Christmas Lighting Contest. You can nominate friends or neighbors by calling 817-427-6651 prior to 5 p.m. on Thursday, December 11th. NRH Santa Cops and the Firefighter's Association are holding a holiday toy and food drive to benefit those who are less fortunate in our community. Residents are encouraged to share in the holiday spirit by dropping off new, unwrapped toys and nonperishable food items to the Police Department or any NRH Fire Station. Donations will be accepted through December 20tH City Hall and other non-emergency city offices will be closed for the holidays on December 25th and 26th and on January 1 st. Garbage and recycling won't be collected on Christmas Day or New Year's Day. Thursday collections will be made on Friday and Friday collections will shift to Saturday. The December 22nd City Council Meeting has been canceled. The next meeting is scheduled for January 12th at 7 p.m. Kudos Korner - Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Fix It Blitz Volunteers —A citizen submitted a "Cheer" to the newspaper expressing her appreciation for the city staff and volunteers who painted and fixed up her house during the Neighborhood Initiative Fix It Blitz. She said it was a blessing to receive such help and she was very thankful for everyone involved. Recommendation: Packet Pg.226 H.1 r4 NO&TH KICHLAND HILLS N/A Packet Pg.227 Y9 ffite of the Jflpor or alma ton WHEREAS, the National Texas Renewable Energy Group in cooperation with the Texas Solar Energy Society and the American Solar Energy Society National Solar Tour has organized its 5L1 annual DFW Solar Tour on Saturday October 4, 2014; and WHEREAS, the tour enables residents to tour innovative green homes and buildings around the DFW Metroplex and learn how homeowners and businesses can use solar energy, wind energy, energy efficiency, and other sustainable technologies; and WHEREAS, homeowners and National Texas Renewable Energy Group volunteers will be available at each tour site to provide information and education about renewable energy installations, technologies and experiences; and WHEREAS, information about the tour, including visiting hours, maps, directions and brief property descriptions and phots can be found at DFWSolarTour.org; and NOW, THEREFORE, I, Thomas E, Hayden, Mayor of the Town of Flower Mound, Texas and on behalf of the members of the Town Council, do hereby proclaim October 4, 2014, as: "DFW Solar Tour Day" in Flower Mound and encourage all residents to join the tour and further, give full recognition to the dedicated company sponsors and volunteers who have contributed so much time and effort in making this project a success. PROCLAIMED AND SIGNED on this the 18th day of September, 2014. .—fleroub 1+1m/or, oton of Sifter S l.outnb ~ ET 41011./11. ..:64 '' II 0 Alb ,. <7) 1r4 1 ii 3.1.....kof 4ehib 14 4t) :411.1!,' ''''.0r1".-. ""P-414C41111144111*--— ..<;:411V-)1.;: • ,., '''. 1,„..:: -1 1:4041: 1 c --4,' -... -7 -4. 46,_ iii•--Noe -w-E--.4.--. ..., ..c, -4, l'.. 0.." :). .<6 4:11Ir)*"i)<-) ' -4) i <3 F- iii 1 ( I ' o W ::: • We have no electricity bill for our house,and we are the First NET-ZERO home in Flower Mound,TX 75022 ,t6,,,,1101e jaiir,je.4 .. _ ; .c I y� T f s . 4." The only neighbor that can see our yard mounted Solar, Loves Solar and bought the house because of our Solar., _ __. ,..„... ., .„.„...., :y , !!! pi, , _ . 1,.. , _4 --_____ .,, pp,, I.44,,,,,, .„., ., 4 ., ..._ > `, .., ,,, ,.. .... x ., ...., „,..„, 4 . If!III t,., in ' I, I ., ' ii Ilia. ;,.,...: , till, t1 _ .ice... ,. .. TAN PARKER �.ASF P0. ®A% 2910 dOO PARKER SQUARE Aus'rIN, TX 78768-29,0 ST @.245 5121463-0688 = ' ' -. FLOWER MOUND.Tx 7502$ TAN.PARKER @NQUSE.STATE.TX.U$ r y 1972?724-8477 VD' *trite of igexns 3.iouse of 3eprtecntatibes ;1Elistrict 83 October 20, 2014 Mr.Jay Squyres 3208 Village Crest Court Dallas,TX 75220 Dear Mr. Squyres: Thank you for contacting me with your thoughts on solar energy in Texas,the Dallas area and the Town of Flower Mound. I greatly appreciate you taking the time to write me on this critical topic for our state and for the information you provide of the most recent local solar energy advancements in your letter. As you know,clean renewable energy has played an increasingly significant role in the U.S.and Texas energy markets. Since Texas is the leading state in energy production and consumption,it is vital that our state continues to invest in renewable energy,ensuring that we remain at the forefront in renewable energy production both now and in the future. I am proud to say that Texas not only leads the nation in wind generated energy,but produces more than twice as much wind generated energy as the next closest state. Texas is also by far the top state in biodiesel production,and due to its abundant sunshine and manufacturing base,Texas is well positioned to compete in the fast- growing solar energy market as well. Last session I did file legislation pertaining to the safe and responsible harvesting and storage of solar energy in residential areas. As you referenced, I was compelled to do so due to local concerns that were shared with me from the Wellington community. However,it is my understanding that many of these concerns have been successfully addressed at the local level.As such,it is not my intention to reintroduce this bill during the upcoming 84th Legislative Session. Rest assured that I will continue to use you as a resource if 1 am considenng filing legislation on this topic in the future. Again, thank you for sharing your thoughts with me. Please continue to stay in touch if I can ever be of service to you in the future. Best wish toi Z64a0' Tan Parker State Representative ft ,