Loading...
HomeMy WebLinkAboutCC 2016-06-27 AgendasIqRH CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, JUNE 27, 2016 WORK SESSION Held in the City Council Work Room (3rd Floor) CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. 3. Update - Neighborhood Revitalization Program 4. Discuss revisions to City Code of Ordinances, Article III. - Boards. Commissions and Committees. 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. Monday, June 27, 2016 City Council Agenda Page 1 of 4 1. Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820. (2) Southeast corner of Rufe Snow and NE Loop 820 and (3) Northwest corner of Davis Boulevard and Main Street 2• Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820 3. Section 551.074: Personnel Matters to deliberate the employment, evaluation, and duties of public employees - consideration of extension of injury leave for a police officer. REGULAR MEETING Held in the Council Chambers (3rd Floor) A. CALL TO ORDER I_%=12 VLO79a11 IIQkiI A.2 PLEDGE A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 2015 United Way Campaign Presentation 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 B.1 Approve minutes of the June 13, 2016 regular City Council meeting. B.2 Authorize the city manager to execute an interlocal agreement with the City of Denison for the purchase of goods and services. C. PUBLIC HEARINGS Monday, June 27, 2016 City Council Agenda Page 2 of 4 C.1 ZC 2016 -07, Ordinance No. 3417, Public Hearing and consideration of a request from Dustin Austin for a Zoning Change from AG Agricultural to R -2 Single Family on 14.78 acres located in the 8100 block of Precinct Line Road. C.2 ZC 2016 -06. Ordinance No. 3418. Public Hearina and consideration of a request from Icon Consulting Engineers. Inc for a revision to Planned Development 36 (PD -36) located in the 9000 -9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road, and further amending PD -36 to consolidate all previously- approved site plans for the property into one comprehensive ordinance. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS F. GENERAL ITEMS There were no items for this category. GA EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA a H.1 Announcements I. ADJOURNMENT INFORMATION AND REPORTS 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 Friday, June 24, 2016 3:00 p.m. City Secretary Monday, June 27, 2016 City Council Agenda Page 3 of 4 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. Monday, June 27, 2016 City Council Agenda Page 4 of 4 ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 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. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Welcome and introduction - public official, public employee or citizen. PRESENTER: Mark Hindman, City Manager SUMMARY: Introduction of public official, public employee or citizen in attendance at the meeting. GENERAL DESCRIPTION: The purpose of this item is to provide City staff or City Council the opportunity to recognize and introduce a public official, public employee or citizen in attendance at the meeting. ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Update - Neighborhood Revitalization Program PRESENTER: Kristin James, Assistant to the City Manager SUMMARY: Staff will provide an update on the Neighborhood Revitalization Program. GENERAL DESCRIPTION: The Neighborhood Revitalization Program (NRP) was adopted May of 2015, and is designed to revitalize neighborhoods by renovating single - family owner - occupied homes in a target zone located south of NE Loop 820. The program provides a twenty percent (20 %) grant of up to $10,000 for the completion of well- designed home renovations that make a home more aesthetically pleasing and inspire continued community growth of neighborhoods in the program's initial target zone. Staff will present the results of the Neighborhood Revitalization Program, as well as present the outlook for the program going forward. t4KH NOKTH KICHLANID HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Discuss revisions to City Code of Ordinances, Article III. - Boards, Commissions, and Committees. PRESENTER: Alicia Richardson, City Secretary SUMMARY: Discuss revisions to appointment, review and attendance of Boards, Commissions, and Committees. GENERAL DESCRIPTION: At the June 13, 2016 Work Session meeting, City Council discussed expectations for their appointees, specifically the attendance requirement to maintain position on respective board, commission, or committee. Council also discussed the need to increase the minimum percentage from 50 to 75 of missed meetings. The Council agreed to direct staff to strictly enforce the attendance requirement. Council asked that staff inform them of any appointee whose attendance was down and most likely not able to maintain the required minimum percentage. Staff informed Council the City Charter outlined the method of appointment and removal of Planning and Zoning Commission members. The City Charter established the Planning and Zoning Commission, and provides the following: ARTICLE XIV. - PLANNING; BUILDING REGULATIONS A. - PLANNING Section 1. - The planning and zoning commission. There shall be established a planning and zoning commission which shall consist of seven (7) citizens of the City of North Richland Hills who own real property within the city. The members of said commission shall be appointed by the city council for a term of two (2) years. Three (3) members of the planning and zoning commission shall be so appointed each odd - numbered year and four (4) members shall be so appointed each even - numbered year. Vacancies and unexpired terms shall be filled by the city council for the remainder of that member's term. The commission shall elect a chairman from among its membership. t4KH NOKTH KICHLANID HILLS The commission shall meet at least once monthly and may schedule additional regular meetings as are required by the level of agenda activity. A quorum for any meeting of the commission shall be a majority of the members. Members of the commission may be removed by the mayor with the consent of the city council after a public hearing and for cause set forth in writing. The commission shall keep minutes of its proceedings which shall be of public record. The commission shall serve without compensation. The city appreciates the time and service of our volunteers, and it is not the city's intent to bring attention to a member's attendance record. However, in order to accomplish the goal of having members attend meetings; staff is proposing the following revisions to the City's Code of Ordinances: ARTICLE III. - BOARDS, COMMISSIONS AND COMMITTEES DIVISION 1. - GENERALLY Sec. 2 -121. - Appointment, review, removal, and training for boards and commissions. (m) Attendance reports. The staff person providing support to that particular board shall keep attendance records at all meetings. The staff person will forward the attendance reports to the city secretary on or before the last day of each month. The city secretary will prepare a report for the city council showing attendance records for each board and each member thereof. This report shall be e crr m.,- crabcf-4 na provided to city council each month- . A member who has missed 75 percent of the board's meetings from July 1 through May 15 shall automatically be dropped from membership on the board. The city secretary shall inform council if their appointee has missed three meetings within a six (6) month timeframe. The attendance reports referred to in this paragraph shall be made available to the city council and a copy furnished upon request. Attendance at all regular meetings, special meetings and workshops shall be recorded and used to calculate attendance percentages. Staff is also recommending the language regarding removal of Planning and Zoning Commission members in the City Charter be considered at the next Charter Amendment Election. ARTICLE XIV. - PLANNING; BUILDING REGULATIONS t4KH NOKTH KICHLANID HILLS A. - PLANNING Section 1. - The planning and zoning commission. There shall be established a planning and zoning commission which shall consist of seven (7) citizens of the City of North Richland Hills who own real property within the city. The members of said commission shall be appointed by the city council for a term of two (2) years. Three (3) members of the planning and zoning commission shall be so appointed each odd - numbered year and four (4) members shall be so appointed each even - numbered year. Vacancies and unexpired terms shall be filled by the city council for the remainder of that member's term. The commission shall elect a chairman from among its membership. The commission shall meet at least once monthly and may schedule additional regular meetings as are required by the level of agenda activity. A quorum for any meeting of the commission shall be a majority of the members. Members of the commission may be removed by the mayor with the consent of the city council a p F The commission shall keep minutes of its proceedings which shall be of public record. The commission shall serve without compensation. Below is a summary of staff's proposed recommendations: Increase minimum participation percentage from 50 to 75; Provide guideline for staff to initiate discussion regarding poor attendance records; and Proposed language for removal of Planning and Zoning Commission members for a future Charter Amendment Election Finally, at the June 13th meeting Council discussed a ninety (90) day period before enforcing the attendance policy. There are several critical projects expected to go before some of the boards within this timeframe, and staff anticipates kicking off work on the strategic plan in September. It is important that board members be present and available through the year long process of developing the strategic plan. Staff will provide additional information on upcoming initiatives at the work session. A red -lined version of Article III. — Boards, Commissions, and Committees is included as an attachment. ARTICLE III. - BOARDS, COMMISSIONS AND COMMITTEESu Footnotes: - -- (3) - -- ilMilhilirtor ro" oIlolll "mco I aPINd ' .aar11q¢ao4 V:01I a "Vgllhq "s wW�rp, art Ciirm;:ss urot`olrounco I1..lo:a.nso xsappiw al Iboard for , u aliyoruiwwrled Ibuu lil e se `j 10-171 et „a IHtl ; ial"aglf l� lRl adi "pflt ::in mid IIrl: ou ii' c Yr "II'l) °% � I ` 1,1 31 c1 dhg: diiI!l!v lo. ",u,nlicII.]IW "N. A ^a�ory uaroarunulHu , § 26 51 o 1 sca I,I lr�uranu ro1 cllinroOora V or liu ak1 I 1 ac0lli o s uIogvelgo ,wuai:Efl ,.at o ci�rlperabnn, M, l " 8 °, Ikbrlaa"Y l aari II vtlre l+ ir oaf thilla Ilpbmry § 46 31 el, sunq,; tleen m:i "olSorr Ilwo "o and 58 81 o i r;u q , Ilwomll<s uwrrl c "raln0ssl ni r Q 31 oA l l i� p0crli� Ill olmini k o 1or public art { 62 9 @t SI L; (X III wWI u�i!)n G & ::Bppil H " hjo vd, § 98 - 47• hills an!i of npraill!'3al a Ii:ir nli, °cha nlirA Mangy ords ,ay 98 i lVV" ho:r :P11i ill irlapeol "ha fi::or 1pauauniblung , ', Ill suhslinnitarill lh ulll+llno,; lrrn u-ti § !!:I)84'lpi (1 s,iwq .u�,�,;,paa l (;a:r�lrrowriowllo ^" '§ 106 °tl��a. ruIsuuu +,;pA�ar, +Ilv�o,!su'ol, fn 106 -15 IIlal r:,,l ^sr� al10 lrrr ^, u��117,7,,'�ar "t, 'r II °Iki 75; a::inr n p P"ao "urdo f § tl d"1 Wi 1I�d s pl, DIVISION 1. - GENERALLY Sec. 2 -121. - Appointment, review, removal, and training for boards and commissions. (a) Exemptions. The following subject matters are exempt from the operation of this section. (1) Eligibility for appointment to the planning and zoning commission; eligibility for appointment to the civil service commission. (2) Method of appointment to planning and zoning commission; method of appointment to civil service commission. (3) Method of removal from planning and zoning commission board of adjustment and civil service commission. (4) Method of conducting business of the board of adjustment civil service commission and planning and zoning commission. (5) Construction board of appeals. (6) Youth advisory committee. (7) All statutorily created boards. (b) Definition. The word "board" as used herein means "board," "commission," or "committee" of the city. (c) Composition of boards. Each board shall consist of members who will serve in numbered places on each board. The city council member whose place- number coincides with the numbered place on each board shall have the right to nominate a person to serve in that place on each board. The actual appointment will be subject to the approval of the city council. Page 1 (d) Terms of office. It is directed that terms of office for each board shall begin on July 1 of the first year of the appointment and shall end on June 30 of the last year of the appointment. A member shall serve until his successor is duly appointed and qualified. (e) Citizens' pool. The city council directs that a citizens' pool be created from applications received by the city secretary. The city secretary shall create this pool by soliciting and receiving applications from the public. The city secretary is authorized to advertise in the news media, Citicable television and in any reasonable manner calculated to spawn interest by citizens in serving on city boards. (f) Information sheets and application forms. The city secretary will make available to potential applicants information sheets on each board showing the reason for the board's existence, nature of the duties and other pertinent information which may be available to a person in selecting a board upon which to serve. The city secretary shall also make available to potential applicants an application form which is on file in the city secretary's office. (g) Dating and filing of applications. The city secretary will date stamp each application as received and the application shall remain on file for a period of one year and shall be made available to city council members to consider during that one -year period. (h) Notification of term expiration. In February of each year, the city secretary shall send a letter to each council member letting that council member know which of his nominees have expiring terms on June 30 of that year. The city secretary shall send to the serving member of the board any letter which may be directed by a council member who is responsible for a nomination to that particular place on a board. If so directed, the city secretary shall send a letter asking if a board member wishes to be reappointed and if that member wishes to update his application. (i) Worksheet. In February of each year, the city secretary will provide each council member with a worksheet showing his serving nominations and the date that each person's service is due to expire. The worksheet will further show the original appointment date last reappointment date and attendance records for the past eight months. Q) Actions on nominations; affinity or consanguinity. Each council member shall send his nominations for each board to the city secretary prior to July 1 of each year. The city council will act upon the nominations and appoint board members at the first meeting in July of each year, or a soon thereafter as practicable. No appointee shall be related to the appointing council member within the second degree of affinity or within the third degree of consanguinity. The preceding sentence will not affect any person now serving on a board so long as that person serves on the same board. (k) Certificate of appointment. The city secretary will send each member a certificate of appointment. The city secretary shall further send each applicant who was not appointed an appropriate letter of appreciation. Page 2 (1) Terms of office. The terms of office for each board member shall be for two years. The council member who nominated the appointee may remove his appointee at any time. (m) Attendance reports. The staff person providing support to that particular board shall keep attendance records at all meetings. The staff person will forward the attendance reports to the city secretary on or before the last day of each month. The city secretary will prepare a report for the city council showing attendance records for each board and each member thereof. This report shall be ember - 5provided to oity oouncil each month of af. A member who has missed 50-75 percent of the board's meetings from July 1 through May 15 shall automatically be dropped from membership on the board. The city secretary shall inform council if their appointee has missed three meetings within a six (6) month timeframe. The attendance reports referred to in this paragraph shall be made available to the city council and a copy furnished upon request. Attendance at all regular meetings, special meetings and workshops shall be recorded and used to calculate attendance percentages. (n) Meetings; officers. Boards of the city shall conduct its business in compliance with the Open Meetings Act, V.T.C.A., Government Code § 551.001 et seq., the Open Records Act, V.T.C.A., Government Code § 552.001 et seq., and the oath and statement requirements of state law for statutory boards. Each board will elect officers pursuant to its own rules. Any change in officers shall be reported to the city secretary by the staff person charged with providing support for that particular board. (o) Minutes. Minutes shall be kept of each board meeting. The staff person, providing support to that board, and the officers of the board are responsible for providing the city secretary with a signed, approved copy of each set of minutes. The city secretary shall keep a permanent file of the original minutes. Copies of the minutes of each meeting, showing attendance and absences shall be forwarded to the city council by the city secretary. (p) Orientation. Immediately following the appointment process in July of each year, the staff person providing support for each board is charged with the duty to familiarize each board member with the functions of that board. Following the July appointment process, the first meeting of each board shall accommodate an orientation period, which shall be set aside for the purpose of helping members become more knowledgeable about his particular board, its functions, state or city laws or rules affecting the board. (q) Training programs. Members of the board of adjustment and the planning and zoning commission shall be required to attend a minimum of one regional or statewide training program during each two -year term, which is designed to educate members in the functions of those boards. The city shall bear the direct expense of this training for board members. The training program shall be designated by the city manager and approved by the city council. Staff shall conduct an annual training session for the planning and zoning commission and the zoning board of adjustment, which shall also be mandatory for all respective board members. Page 3 (r) Current board notebook. The city secretary is charged with the responsibility to keep a current board notebook containing names, addresses and telephone numbers of board members. The staff support person for each board shall be responsible to provide the city secretary with information, with changes with respect to each board member. The city secretary shall retain a permanent copy of each notebook and shall place a copy of each annual or semiannual notebook in the city historical files. (Code 1975, § 2 -41) Sec. 2 -122. - Limitation on the powers of certain boards. (a) Application of section. This section shall pertain to the following boards and commissions of the city, which are advisory bodies to the city council: (1) Animal control shelter advisory committee; (2) Keep North Richland Hills Beautiful Commission; (3) Library board; (4) Parks and recreation board; and (5) Teen court advisory board. (b) Advisory capacity. The city council hereby clarifies its intent in creating said boards and commissions and states herein that said boards and commissions are not intended to have judicial powers or quasi judicial powers nor rule making powers other than in an advisory capacity to the city council. (Code 1975, § 2 -42) Sec. 2 -123. - Ex officio members. The mayor may appoint one ex officio member to the planning and zoning commission, who need not be considered for regular membership, and two ex officio members to the civil service commission, such appointments subject to confirmation by the city council. Such ex officio members shall have no power to vote or participate in decision - making, but will be entitled to observe all proceedings of their respective commissions. The terms of such ex officio members shall expire June 30 of the year the term of the mayor expires. (Ord. No. 2714, § 1, 6 -23 -2003) Sec. 2 -124. - Creation of boards. The following boards are created in the sections referenced: (1) Animal adoption and rescue center advisory committee, Code section 14 -31. (2) Civil service commission, Charter, art. XVII, § 3. Page 4 (3) Construction code appeals board, Code section 98 -42. (4) Library board, Code section 46 -31. (5) Economic development advisory committee, Code section 26 -51. (6) Health facilities development corporation board of directors, Code section 42- 32. (7) Industrial development corporation board of directors, Code section 26 -81. (8) Parks and recreation board, Code section 62 -31. (9) Planning and zoning commission, Charter, art. XIV, § 1. (10)Teen court advisory board, Code section 58 -81. (11)Sexually oriented business license appeal board, Code section 10 -171. (12)Substandard building board, Code section 98 -491 et seq. Sec. 2 -125. - Voting. (a) If any matter comes before any of the boards or commissions of the city which requires a formal vote each member of the board or commission entitled to vote under the rules of the board or commission shall vote. (b) If any member of such board or commission has a conflict of interest which that member deems to disqualify him in connection with the vote, such member shall file a statement of disqualification with the secretary of the board. When such statement is so filed the said member shall not participate in any discussion on the matter and shall not vote on such matter. (Ord. No. 1519, §§ 1, 2, 1 -11 -1988) Secs. 2 -126 -2 -140. - Reserved. DIVISION 2. - CAPITAL IMPROVEMENTS ADVISORY COMMITTEE Footnotes: - -- (4) - -- State 11 .law IIrefe IireCWT 11Ie Cap � f tt "IIpr , roe�ns wt,4sonv o�„u�ud¢+ A , 11 ro a GicriiHp"imllflld:3N it adi § 395 JI158. Sec. 2 -141. - Designation. The planning and zoning commission of the city is hereby named as the capital improvements advisory committee for the city. (Ord. No. 1505, § 1, 10 -26 -1987) Page 5 Sec. 2 -142. - Authority. In all matters dealing with development of the City, the capital improvements advisory committee will act pursuant to the V.T.C.A., Local Government Code § 395.001 et seq. (Ord. No. 1505, § 2, 10 -26 -1987) Sec. 2 -143. - Organization. The capital improvements advisory committee shall be composed of the seven regular members and one alternate member of the planning and zoning commission. The advisory committee shall have at least one member of the real estate, development or building industry. The advisory committee shall exercise such powers as prescribed by Senate Bill 336, 1987 Legislative Session, and as granted by the city council. (Res. No. 87 -37, § I(A), 12 -21 -1987) Sec. 2 -144. - Officers. The officers of the planning and zoning commission shall hold like positions on the capital improvements advisory committee. These officers shall be chair, vice - chair, and secretary, and shall be selected as stipulated in the rules and procedures of the planning and zoning commission. (Res. No. 87 -37, § I(B), 12 -21 -1987) Sec. 2 -145. - Duties. The capital improvements advisory committee shall serve in an advisory capacity and is established by the city council to perform the following duties: (1) To advise and assist the city in adopting land use assumptions. (2) To review the capital improvements plan and file it's written comments. (3) To monitor and evaluate implementation of the capital improvements plan. (4) To file semi - annual written reports with respect to the progress of the capital improvements plan and to report to the city any perceived inequities in implementing the plan or imposing the impact fee. (5) To advise the city of the need to update or revise the land use assumption, capital improvements plan and impact fee. (6) Provide other impact fee advisory services as directed by the city council. (Res. No. 87 -37, § I(C), 12 -21 -1987) Sec. 2 -146. - Rules of order. Page 6 Robert's Rules of Order, Newly Revised, shall be the capital improvements advisory committee's final authority on all questions of procedure and parliamentary laws not covered by these rules and procedures. The rules and procedures of the capital improvements advisory committee shall be adopted and approved by the city council. Any modifications to the adopted rules and procedures shall first be submitted to the city council for formal approval. A certified copy of these rules and procedures and any amendments thereto shall be filed in the office of the city secretary and be made available for public inspection during regular business hours. (Res. No. 87 -37, § I(D), 12 -21 -1987) Sec. 2 -147. - Quorum. A quorum shall consist of four members of the capital improvements advisory committee and shall be required to conduct official business and forward recommendations to the city council. In the instance where a regular member of the capital improvements advisory committee cannot be present, the alternate member will be called to serve in the position of the first absent member with all voting rights of the regular member. (Res. No. 87 -37, § II(A), 12 -21 -1987) Sec. 2 -148. - Agenda. An agenda of the capital improvements advisory committee shall be prepared for each meeting by the director of planning and development. The agenda and all reference and statistical material relating to agenda items shall be delivered to each capital improvements advisory committee member prior to each meeting allowing adequate time for review of and familiarization with the agenda items. (Res. No. 87 -37, § II(B), 12 -21 -1987) Sec. 2 -149. - Meetings. (a) Calling meetings. Meetings of the capital improvements advisory committee shall be called and conducted at various times to fulfill the obligations outlined in V.T.C.A., Local Government Code § 395.001 et seq. and directives of the city council. The chair shall call meetings and instruct the director of planning and development to prepare an agenda and provide any required information, reports or statistics. (b) Place of meeting. Meetings of the advisory committee shall be held in the council chamber of the City Hall unless otherwise directed by the chair with the approval of a majority of the advisory committee. (c) Time of meeting. The chair shall establish a time for each called meeting of the capital improvements advisory committee. Page 7 (d) Public notice. All meetings of the capital improvements advisory committee shall be open to the public and shall be held in compliance with state law and the Charter and this Code. (e) Work sessions. The capital improvements advisory committee may be convened in work session in order to discuss any matter concerning impact fees. No official business shall be conducted at such work session, and a quorum shall not be required. (Res. No. 87 -37, § II(C), 12 -21 -1987) Sec. 2 -150. - Official records. (a) Definition. The official records of the capital improvements advisory committee shall consist of these rules and procedures, minutes of all meetings, supporting documents such as reports, calculations, and all other material used to approve land use assumptions, prepare written reports to the city council and supporting documentation for all recommendations. (b) Minutes. The minutes of the capital improvements advisory committee meetings shall show the vote of each member, or if absent or abstaining, shall indicate that fact. (c) Record retention. All official records of the capital improvements advisory committee shall be kept for a period of not less than ten years and be made available for public inspection during regular business hours of the city. (Res. No. 87 -37, § III, 12 -21 -1987) Sec. 2 -151. - Hearings and decisions. (a) Order of business. The chair, or in his absence the vice - chair, shall preside at all meetings, and shall decide all points of order or procedure. All letters of transmittal from the committee to the city council shall be over the signature of the chair. The chair shall call the capital improvements advisory committee to order, the members present and absent shall be recorded by the director of planning or his designated representative by calling the roll. The minutes of any preceding meeting shall be submitted for approval. The public shall be advised of the procedures to be followed in the meeting. The director of planning shall publicly advise the committee of any communication received pertaining to any matter pending before the committee. (b) Presentation and hearing. (1) The chair of the capital improvements advisory committee shall call on persons present who wish to speak to the agenda items, and shall direct that they speak in the following order: a. The proponent or his representative. b. Those persons in support. Page 8 c. Those persons in opposition. Whenever necessary, the chair shall direct that all remarks shall be germane to the agenda item. At the chair's discretion, he may also impose a specified time limit for each speaker wishing to address a particular item. No rebuttal shall be allowed from either side, unless granted by a majority vote of the committee. The capital improvements advisory committee may direct questions to any speaker in order to clarify statements and facts presented. (2) The chair shall then declare the public presentation or hearing closed, as to that agenda item. (3) A motion may be made by any member other than the presiding officer. (4) Any motion may be approved or denied by a simple majority vote of the members present. In the event of a tie vote on any motion, the motion will be considered as being denied and shall be so recorded. (Res. No. 87 -37, § IV, 12 -21 -1987) Secs. 2- 152 -2 -170. - Reserved. DIVISION 3. - YOUTH ADVISORY COMMITTEE Sec. 2 -171. - Composition. The youth advisory committee will consist of 16 members, all of whom shall be students in the 9th through 12th grade levels, and reside in the city. (Ord. No. 2226, § 1, 7 -28 -1997) Sec. 2 -172. - Appointment and term. All youth advisory committee members will initially be appointed by the city council, with the mayor and city council members each appointing two members. The initial term of office will be for one year. Subsequent members will be selected from an application process that is developed by the youth advisory committee and approved by the city council. The terms of office will end on May 31 of each year and new members shall be appointed to begin service on May 31 of each year. (Ord. No. 2226, § 2, 7 -28 -1997) Sec. 2 -173. - Officers. The youth advisory committee shall elect from its membership a chair, vice - chair, secretary and treasurer for one year terms of office. The initial group of officers shall be elected at the first meeting following the organizational meeting of the committee. Page 9 Subsequent officers shall be elected each year following the appointment of new members. (Ord. No. 2226, § 3, 7 -28 -1997) Sec. 2 -174. - Function. The function of the youth advisory committee shall be to serve as liaison between the city council and the youth of the community on issues affecting youth, and to encourage the positive growth and development of youth by involving them in social, cultural, recreational and other drug and alcohol free activities. When requested by the city council or the city manager, the youth advisory committee shall give advice and assistance on matters concerning the needs of youth. The youth advisory committee shall also develop and prepare an application process for future members of the committee to be submitted to the city council for review and approval. (Ord. No. 2226, § 4, 7 -28 -1997) Sec. 2 -175. - Meetings. The youth advisory committee shall hold meetings at least monthly, at times and places it may designate. All meetings of the committee shall be in accordance with the Texas Open Meetings Law and all regular and special meeting notices shall be provided to the local newspaper and news media and the city council, as well as posted at all high schools. At all meetings of the youth advisory committee, the presence of a majority of the committee members then in office shall be necessary and sufficient to constitute a quorum. (Ord. No. 2226, § 5, 7 -28 -1997) Sec. 2 -176. - Scope of recommendations. In the performance of its function, the youth advisory committee is authorized to make recommendations to the city council and the city manager on: (1) Policy matters affecting the youth of the community; (2) Planning, organizing, coordinating and carrying out drug and alcohol free social, cultural, recreational and other activities for the youth of the community; (3) Establishing guidelines, rules and procedures for participation in such activities; (4) Making appropriate surveys to determine input from youth in the community regarding areas of interest or other needs of youth. (Ord. No. 2226, § 6, 7 -28 -1997) Sec. 2 -177. - Report of activities. Page 10 By January 31 of each year the youth advisory committee shall submit a written report the city council on the status of its activities to date. By May 31 of each year the committee shall submit a written report to the city council of its activities for the entire year and an annual plan of work for the ensuing year. (Ord. No. 2226, § 7, 7 -28 -1997) Sec. 2 -178. - Use of city facilities and personnel. Subject to the approval of the city manager, the facilities and personnel of the city shall be made available to assist the youth advisory committee in carrying out its functions. (Ord. No. 2226, § 8, 7 -28 -1997) Sec. 2 -179. - Authority. The youth advisory committee is authorized to develop bylaws, rules and procedures for the conduct of its authorized activities, subject to the approval of the city council. (Ord. No. 2226, § 9, 7 -28 -1997) Sec. 2 -180. - Liaison staff member. The city manager shall appoint a staff member to attend and be liaison between the youth advisory committee and the city council. (Ord. No. 2226, § 10, 7 -28 -1997) Secs. 2- 181 -2 -200. - Reserved. DIVISION 4. - KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION Sec. 2 -201. - Established. There is hereby established a Keep North Richland Hills Beautiful Commission of the city, hereafter called the commission. (Ord. No. 1554, § 1, 8 -8 -1988; Ord. No. 2665, § 1, 10 -28 -2002) Sec. 2 -202. - Composition. The Keep North Richland Hills Beautiful Commission shall consist of seven members, each of whom shall be a resident of the city. The commission shall be Page 11 appointed by the city council for two -year terms. The members shall be appointed as provided in section 2 -121 et seq. (Ord. No. 1554, § 2, 8 -8 -1988; Ord. No. 1649, § 2, 11 -13 -1989; Ord. No. 2665, § 1, 10- 28 -2002) Sec. 2 -203. - Alternate member. There is hereby created the position of alternate member of the Keep North Richland Hills Beautiful Commission. Such alternate member shall serve as provided in section 2 -121 et seq. Such alternate member shall sit on the commission, participate in discussion and vote only when one or more of the regular members is absent from a meeting. (Ord. No. 1656, § 1, 1 -8 -1990) Sec. 2 -204. - Officers. The Keep North Richland Hills Beautiful Commission shall elect its officers and shall establish its own procedural rules for meeting and for conduct of business. (Ord. No. 1554, § 4, 8 -8 -1988; Ord. No. 2665, § 1, 10 -28 -2002) Sec. 2 -205. - Purpose. The purpose of the Keep North Richland Hills Beautiful Commission is to promote the beautification of the city. To this end the commission shall be empowered to make recommendations to the city council for promoting civic involvement in beautification of the city through programs and activities that: (1) Increase community awareness of beautification issues. (2) Provide opportunities for community education relating to beautification issues. (3) Include special community wide events relating to beautification issues. (4) Make recommendations on ordinances, policies, and landscape plans on major projects on city property relative to beautification. (5) Include award nominations and grant applications. (Ord. No. 1554, § 2, 8 -8 -1988; Ord. No. 1746, 6 -24 -1991; Ord. No. 2665, § 1, 10 -28- 2002) Secs. 2 -206 -2 -230. - Reserved. Page 12 CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820, (2) Southeast corner of Rufe Snow and NE Loop 820 and (3) Northwest corner of Davis Boulevard and Main Street PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Section 551.087: Deliberate the offer of financial or other incentives to a business prospect with which the city is conducting economic development negotiations - Southeast corner of Rufe Snow and NE Loop 820 PRESENTER: Mark Hindman, City Manager CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Section 551.074: Personnel Matters to deliberate th e evaluation, and duties of public employees - extension of injury leave for a police officer. PRESENTER: Jimmy Perdue, Director of Public Safety employment, consideration of ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: 2015 United Way Campaign Presentation PRESENTER: Paulette Hartman, Assistant City Manager SUMMARY: The 2015 NRH United Way Employee Workplace Campaign raised over $64,000 for the United Way of Tarrant County. During the City Council meeting, a check will be presented to Faye Beaulieu, Regional Director of the United Way Northeast. GENERAL DESCRIPTION: The City of North Richland Hills is proud to support the Tarrant County United Way annual fund - raising campaign. Each year a United Way Employee Committee raises funds and awareness for the non - profit organization. The United Way Workplace Campaign brings employees together to help tackle our community's most difficult issues in the areas of education, financial stability and health. The 2015 campaign ended in April 2016 and included several events and activities, including: a silent auction, employee payroll deduction program, employee luncheon, golf tournament, community dining program and other fund - raising activities. The NRH United Way We Golf Tournament was a success with more than 31 area businesses providing sponsorships. The third annual United We Dine program was also a success with participating restaurants donating a portion of their proceeds on designated days to our United Way campaign. Participating restaurants included: • Alvarado's, 5000 Davis Blvd. • Chef Blythe's Southern Bistro, 9160 North Tarrant Pkwy. #180; • Cottage Rose Tea Room, 5505 Davis Blvd. Suite A; • Dickey's Barbecue Pit, 8509 Davis Blvd. #180; • Hunan Wok, 5142 Rufe Snow Dr., #121; • Mi Pueblo, 8412 Davis Blvd. #100; • Niki's Italian Bistro, 5249 Davis Blvd.; • The Corner Cafe, 7901 Mid - Cities Blvd. #242. ?g1kH NOKTH KICHL,AND HILLS Thanks to the generosity of our employees and community partners, this year's campaign exceeded its goal of $40,000 by raising $64,098.33. We would like to thank Campaign Chair Eva Ramirez and the members of the 2015 United Way Campaign Committee for their hard work and commitment to helping people of this community and Northeast Tarrant County. Members of the committee include the following: • Kathy Corley, Fire Department,. Co- Chair; • David Webb, Richland Tennis Center, Co- Chair; • Paulette Hartman, City Manager's Office; • Frank Loya, Rick Hulme, Facilities & Construction; • Carissa Katekaru, Becca Collins, Gina Pastre, Police; • Jodi Griggs, Ron Newman, Parks & Recreation; • Xiomara Abad, Water Department; • Able Perez, Fleet Services; • Cecilia Barham, Library; Bryon Bustamante, NRH2O; • Robert Alt, Communications; • Jennipher Castellanos, Budget; • Jessica Chavez, Municipal Court; • Laury Fiorello, Finance; • Amy Stephens, Information Technology; • Marrk Callier, Susan Honea, Public Works; • Chad VanSteenberg, Planning & Development; • Trish Watson, Neighborhood Services; • Jennifer Stephens, Economic Development; • Spencer Kelley, Animal Adoption & Rescue; • Kim Irving, City Secretary. Nedge- -Cards 311387e190 Siillent,Auctiion 5,211.00 Pumnp km Grams 2,156.03 Witches Brew 79.00 [General Raffle, 2,374.00 Golden Ticket 2,750.00 IJaa+uPVIP (Parking Space 44affpe, $ 5,101.00 3iike Rafflle 1„410.00 ;Car Shaw ]L -0om0 N L IIIP Badges $ 3,225,00 United We, Dune- IlKiickoff Picnic Admission 4,00.00 'Ch upu Cook Of Adrnussuon $ 324.00 United We IPaint 332.50 'Golf Tournemne-nt 1213,6,01.03 Total 64,098.33. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Approve minutes of the June 13, 2016 regular 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: Approve minutes of the June 13, 2016 regular City Council meeting. MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL, 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 JUNE 13, 2016 WORKSESSION The City Council of the City of North Richland Hills, Texas met in work session on the 13th day of June 2016 at 4:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Absent: Staff Members: CALL TO ORDER Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Scott Turnage Tim Welch David Whitson Mark Hindman Karen Bostic Paulette Hartman Jimmy Perdue Alicia Richardson Cara L. White Mayor Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 Council, Place 7 Mayor Pro Tern City Manager Assistant City Manager Assistant City Manager Director of Public Safety City Secretary City Attorney Mayor Trevino called the meeting to order at 4:32 p.m. 1. DISCUSS ANNUAL BUDGET AND PLAN OF MUNICIPAL SERVICES FOR FY 2015 -2016 AND PLANNING AND PROGRAM OF SERVICES FOR FY 2016 -2017. City Manager Mark Hindman introduced the item and provided Council with an outline of items - health insurance costs, body cameras, and equipment for fire department - that will be presented at the July 29, 2016 budget retreat. June 13, 2016 City Council Meeting Minutes Page 1 of 12 Director of Economic Development Craig Hulse provided an outlook on the national, state and local economy. The city has an increase in single family construction with anticipation of 200 new builds for Fiscal Year 2016 with prices at $400,000 and higher. There is a demand for existing single family homes with prices at $250,000 and higher. The market for single family homes is high and the number of days on the market is 20 days or less. The city is also seeing additional commercial development. He commented that local taxable sales are projected at 3.4 %, which is an increase compared to last year. Businesses on Loop 820 are seeing an increase of 7% and the city's growth is comparable with Grapevine and Southlake. Mr. Hulse reviewed new businesses that have opened and those in the process of locating to the city. The former facility that housed court, library and park departments is in the process of being demolished to make way for future restaurants. The former barbershop located at Rufe Snow and Glenview Drive has been demolished to make way for a charter school. RaceTrac is making progress on property located off Davis Boulevard between Maplewood and Birchwood. Finance Director Kent Austin provided Council with an overview of the city's debt financing and associated projects. Fiscal Year 2015/2016 Certificates of Obligations in the amount of $5,625,000 funded: (1) NRH20 slide tower; (2) street preventative maintenance; (3) water and sewer projects: and (4) fleet replacements. The remaining General Obligation Bonds include: (1) 1994 Bond Election for Holiday Lane /NE Loop 820 and (2) 2003 Bond Election for streets and drainage. Staff has identified a preliminary program of projects in the amount of $7,270,000 to be funded by Certificates of Obligation for the following: (1) Two (2) fire aerial quints; (2) Fire rescue pumper; (3) Northfield Park redevelopment; (4) Meadow Lakes Drive and Rufe Snow intersection; and (5) preventative street maintenance. Director of Human Resources Patrick Hillis reviewed compensation /benefits and results of the 2016 salary survey. Staff proposes to allocate funds for market adjustment and merit increase. Options for Council's consideration include: (1) range adjustments; (2) lump sum increases; and (3) step plan for several sworn public safety positions. The city has seen a higher than normal large -loss claim for Fiscal Year 2015/2016. The threshold for identifying normal large -loss claims are those claims over $25,000. To date, the city has 41 claims as compared to this time last year of 30. The three year average of large -loss claims is $3.5 million. The annualized large -loss claims for this year is $5 million. Staff will bring forward a mid -year budget adjustment (approximately $1.7 million). The city has stop loss reimbursements that come back to the city, which will help offset the costs. Staff is anticipating plan design changes and an increase in premiums. Director of Budget and Research Mark Mills provided council with an update of the adopted and revised budget for Fiscal Year 2015/2016. The latest values for current tax year are higher than they were reflected on the July 2015 Certified Tax Roll. The sales tax is in -line with staffs projection. Construction related revenue is expected to exceed Fiscal June 13, 2016 City Council Meeting Minutes Page 2 of 12 Year 2015/2016 adopted budget. The building permit revenue through April exceeded the adopted budget by $281,000. Revenue for fines and forfeitures is anticipated to be roughly 20% lower than adopted. This is primarily due to a decrease in citations by the police department. Mr. Mills outlined the preliminary 2016/2017 compared to the adopted 2015/2016 budget. Public Safety Director Jimmy Perdue provided Council with an overview of body worn cameras that included benefits and concerns of the equipment. The budget impact to purchase and integrate the equipment is $1,150,000. Mr. Perdue discussed the costs associated with data storage and disclosure of information attained by the body worn cameras. Fire Chief Stan Tinney reviewed the department's replacement schedule, equipment rotation to reserve service, and upcoming equipment replacement. A committee, which included equipment services, fire department staff, fire association executive board and shift personnel, was formed to review the apparatus replacement schedule. The committee seeks to reduce the service life of the ambulance and identify a method of early replacement of aerial fleet, with possible reduction in fleet size. Mr. Tinney reviewed options identified by the committee and the following recommendations: (1) take advantage of current value of aerials; (2) replace aerials in the fleet that have maintenance concerns; (3) reduce fleet by one vehicle and replace aerials on 12 year rotation instead of 20; and (4) address aerial needs first to benefit from current value and address ambulances in the future. City Manager Mark Hindman informed Council the recent citizen survey indicate the need to address transportation improvement and city streets. He believes the current projects will have an impact on transportation concerns expressed by the public. The city has not had a bond program in a number of years to address street maintenance. Staff will be seeking direction from Council to determine what they would like staff to address in the 2016/2017 budget. 2. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Council had no questions for staff. 3. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. City Manager Mark Hindman introduced Zane Dupree who is the new intern in the City Manager and City Council offices. Mr. Dupree is a resident of North Richland Hills and has completed his first year at Texas A &M. He is pursuing a degree in economics. Mr. Dupree previously worked at NRH20 and will intern on a voluntary basis this summer. June 13, 2016 City Council Meeting Minutes Page 3 of 12 4. DISCUSS BOARDS AND COMMISSIONS - APPOINTMENT, REVIEW, AND ATTENDANCE. City Manager Mark Hindman informed Council the annual appointments to various boards, commissions, and committees is scheduled for the July 11, 2016 City Council agenda. Staff has received comments from Council regarding attendance and how it is being addressed. Staff has been providing Council with attendance reports and this item was placed on work session to allow Council the opportunity to discuss attendance and provide direction to staff. Mr. Hindman commented that staff can assist Council with discussion or decisions regarding board appointments. Council discussed the importance of attendance and the disappointment of board /commission members not meeting the minimum attendance requirement. Recently, the Planning and Zoning Commission has been meeting with four of five members, which is not fair to applicants. Council discussed that appointees need to be held accountable and directed staff to inform them that Council will enforce the attendance requirement beginning in October. Moving forward, Council asked staff to inform them of appointees who do not meet the attendance requirement and follow up with communication to the appointees. Council discussed the option of increasing the minimum percentage from 50% to 75% or higher. Council recognized certain boards /commissions meet more frequently and serve more than an advisory capacity. Council directed staff to bring back guidelines at the next work session to discuss changing the attendance minimum and process of removal from boards, commissions and committees. City Manager Mark Hindman informed Council the City's Charter sets out guidelines for the Planning and Zoning Commission. City Secretary Alicia Richardson commented that staff will review the City Charter and include findings at the next work session. EXECUTIVE SESSION Mayor Trevino announced at 6:18 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.071: Consultation with City Attorney to seek advice about pending or threatened litigation or a settlement offer - City of North Richland Hills v Windward Partners VII, LP, et al; 551.072: Deliberate the purchase, exchange, lease or value of real property - 1) 7301 NE Loop 820; 2) Southeast corner Rufe Snow & NE Loop 820; and 3) 8300 Starnes Road; and 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - city attorney. Executive Session began at 6:18 p.m. and concluded at 6:53 p.m. Mayor Trevino announced at 6:53 p.m. that Council would convene to the regular City Council meeting. June 13, 2016 City Council Meeting Minutes Page 4 of 12 REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order June 13, 2016 at 7:00 p.m. Present: Absent: Staff Members: Oscar Trevino Tito Rodriguez Rita Wright Oujesky Tom Lombard Tim Barth Scott Turnage Tim Welch David Whitson Mark Hindman Alicia Richardson Cara L. White A.1 INVOCATION ROLL CALL Mayor Council, Place 1 Council, Place 2 Council, Place 3 Council, Place 4 Council, Place 6 Council, Place 7 Mayor Pro Tern City Manager City Secretary City Attorney Council member Wright Oujesky gave the invocation. A.2 PLEDGE Council member Wright Oujesky led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.3.1 TEEN COURT SCHOLARSHIPS Teen Court Judge Bethany Grohman presented scholarships to the following students: Kendall Jarboe, Kayla Margenau, Nicholas Russell, and Amanda Roach. June 13, 2016 City Council Meeting Minutes Page 5 of 12 A.4 CITIZENS PRESENTATION There were no requests to speak from the public. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE CONSENT AGENDA. COUNCIL MEMBER WRIGHT OUJESKY SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. B.1 APPROVE MINUTES OF THE MAY 16, 2016 CITY COUNCIL MEETING. B.2 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRI -LAM ROOFING AND WATERPROOFING FOR BUILDING ENVELOPE AND ROOF REPAIRS AT 6110 DICK FISHER DRIVE WEST IN THE AMOUNT OF $121,350.00 C. PUBLIC HEARINGS CA SUP 2015 -06, ORDINANCE NO. 3409, PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A SPECIAL USE PERMIT FOR A DETENTION POND ON THE PROPOSED SMITH FARM ADDITION SITE LOCATED AT 7601 DOUGLAS LANE. APPROVED Mayor Trevino opened the public hearing and called on Principal Planner Clayton Husband to present the item along with companion item D.1 - -FP 2015 -02. Principal Planner Clayton Husband informed Council the applicant Marvin Smith is requesting a Special Use Permit for a detention pond and final plat on property located at 7601 Douglas Lane. The area is designated as Low Density Residential and the current zoning is R -2 Single Family Residential. Mr. Husband presented site photos of the property. June 13, 2016 City Council Meeting Minutes Page 6 of 12 Applicant representative Edward Kellie with Kellie Engineering located at 205 Lindenwood Drive, Fort Worth, Texas presented request and was available to answer questions from Council. The property has been in the Smith family for over 50 years. Mr. Smith is proposing a development with 21 lots. The development will include entrance features and retaining walls between the lots. Currently the property largely drains to Lincoln Drive. The applicant is requesting a Special Use Permit to allow a detention pond for the purpose of regulating drainage from the property, so it is equal or less than what drains to Lincoln Drive. Mr. Smith does not want to have a negative impact to the current drainage system on Lincoln Drive and Spring Lee Drive. Council member Welch asked Mr. Kellie if the applicant will provide grading behind Block 2, Lots 7 -10 to direct water toward the detention pond or Lincoln Drive. Mr. Kellie informed Council that staff has directed the applicant to decrease sheet flow from the large property located on Douglas to the south. They will put in smaller swales and work around the trees to direct all the drainage to Douglas Lane or the detention pond. Principal Planner Clayton Husband presented staff's report. He advised there are two maintenance agreements associated with detention pond. The plat and proposed detention pond comply with the zoning regulation standards and subdivision regulation standards. The Planning and Zoning Commission, at their June 2, 2016 meeting, recommended approval with a vote of 6 -0. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER WELCH MOVED TO APPROVE SUP 2015 -06, ORDINANCE NO. 3409, AS PRESENTED. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D.1 FP 2015 -02 CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A FINAL PLAT OF SMITH FARM ADDITION ON 8.00 ACRES LOCATED AT 7601 DOUGLAS LANE AND AN ASSOCIATED DETENTION /RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT AND WATER COURSE MAINTENANCE AGREEMENT. APPROVED This item was presented with C.1. June 13, 2016 City Council Meeting Minutes Page 7 of 12 COUNCIL MEMBER TURNAGE MOVED TO APPROVE FP 2015 -02 AND THE ASSOCIATED DETENTION STORAGE FACILTIY MAINTENANCE AGREEMENT AND WATER COURSE MAINTENANCE AGREEMENT. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. C.2 SDP 2016 -02 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DETATE PROPERTY GROUP, LLC FOR A SPECIAL DEVELOPMENT PLAN FOR THE FOUNTAINS AT IRON HORSE ON 7.910 ACRES AT 6301 IRON HORSE BOULEVARD. APPROVED Mayor Trevino opened the public hearing and called on Planning Manager Clayton Comstock to present the item. Planning Manager Clayton Comstock informed Council the applicant Detate Property Group, LLC is requesting a Special Development Plan for approximately eight (8) acres at 6301 Iron Horse Boulevard. The area is designated on the Comprehensive Land Use Plan as Transit Oriented Development (TOD) and the current zoning is TOD, which was approved last year. Mr. Comstock provided site photos of the property. He asked Council to consider the criteria for a Special Development Plan during their discussion of the request. Applicant representatives Edwin Patum with Detate Properties and Penelope Diaz with DOMUS Studio Group presented the request and were available to answer questions. Mayor Trevino called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Mayor Trevino closed the public hearing. COUNCIL MEMBER LOMBARD MOVED TO APPROVE SDP 2016 -02, SUBJECT TO DRC CERTIFICATION OF THE FINAL SITE PLAN. COUNCIL MEMBER WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. D. PLANNING AND DEVELOPMENT June 13, 2016 City Council Meeting Minutes Page 8 of 12 D.1 FP 2015 -02 CONSIDERATION OF A REQUEST FROM MARVIN SMITH FOR A FINAL PLAT OF SMITH FARM ADDITION ON 8.00 ACRES LOCATED AT 7601 DOUGLAS LANE AND AN ASSOCIATED DETENTION /RETENTION STORAGE FACILITY MAINTENANCE AGREEMENT AND WATER COURSE MAINTENANCE AGREEMENT. City Council took action on this item earlier in the meeting. D.2 FP 2016 -04 CONSIDERATION OF A REQUEST FROM ROBERT ESPINOSA FOR A FINAL PLAT OF LOT 3, BLOCK 13, MEADOWVIEW ESTATES ON 0.969 ACRES LOCATED AT 8409 RUMFIELD ROAD. APPROVED Principal Planner Clayton Husband informed Council the applicant Robert Espinosa is requesting a final plat of Lot 3, Block 13, Meadowview Estates for property located at 8409 Rumfield Road. The area is designated on the Comprehensive Land Use Plan as Low Density Residential and the current zoning is R -2 Single Family Residential. Mr. Husband provided site photos of the property. Applicant representative Buck Nguyen, 6513 Courtier Court, McKinney, Texas informed Council he has been hired by Mr. Espinosa as the contractor for the project. He was available to answer any questions. Applicant Robert Espinosa presented the request and was available to answer questions. Principal Planner Clayton Husband presented staff's report. The plat meets the requirements of the zoning ordinance and subdivision regulations. The Planning and Zoning Commission, at their May 19, 2016 meeting, recommended approval with a vote of 5 -0. COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE FP 2016 -04. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS June 13, 2016 City Council Meeting Minutes Page 9 of 12 F.1 APPOINTMENT OF MAYOR PRO TEM. APPROVED City Secretary Alicia Richardson informed Council the City Charter outlines the process of appointing a member of the City Council to serve as mayor pro tem for one year. The City Council shall nominate a member to serve as mayor pro tem. Council member Lombard nominated Council member Welch to serve as mayor pro tem. Council member Turnage requested that nominations be closed. There being no opposition, Mayor Trevino called for the motion. COUNCIL MEMBER LOMBARD MOVED TO NOMINATE COUNCIL MEMBER WELCH TO SERVE AS MAYOR PRO TEM FOR ONE YEAR. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.2 CONSIDER ORDINANCE NO. 3414, AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 98, ARTICLE XII - AQUATICS FACILITIES. APPROVED Director of Neighborhood Services Stefanie Martinez presented item. The purpose of the ordinance is to amend the minimum standards for the construction, operation, and maintenance of public and semipublic aquatic facilities. Staff is recommending the title be changed from "Swimming Pools" to "Aquatics Facilities ". The ordinance provides for reinspection fees due to closure and pre- operation failures of public or semipublic aquatics facilities and a fee for the registration of Certified Pool Operators for the facilities. Council had no questions for staff. COUNCIL MEMBER TURNAGE MOVED TO APPROVE ORDINANCE NO. 3415. COUNCIL MEMBER RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. F.3 CONSIDER RENEWAL OF PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES TO BKD, LLP APPROVED June 13, 2016 City Council Meeting Minutes Page 10 of 12 Director of Finance Kent Austin presented item and was available to answer questions from Council. Council had no questions for staff. COUNCIL MEMBER WRIGHT OUJESKY MOVED TO APPROVE RENEWAL OF PROFESSIONAL SERVICES AGREEMENT FOR AUDIT SERVICES TO BKD, LLP. COUNCIL MEMBER BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA APPROVED Mayor Trevino announced that action is necessary as the result of discussion in Executive Session for Section 551.071, consultation with city attorney to seek advice about pending or threatened litigation or a settlement offer - City of North Richland Hills v. Windward Partners VII, LP, et al. City Manager Mark Hindman presented item. As part of the right -of -way access process for widening of Rufe Snow, the city had to take possession of right -of -way (CVS). As a result of mediation, the city was able to negotiate and acquire the property to continue with the project. COUNCIL MEMBER LOMBARD MOVED TO APPROVE THE SETTLEMENT AGREEMENT IN THE NORTH RICHLAND HILLS V. WINDWARD PARTNERS ET AL. LAWSUIT AS PRESENTED TO THE COUNCIL IN EXECUTIVE SESSION, INCLUDING THE PAYMENT OF A TOTAL OF $3,450,000 IN CASH AND AN ADDITIONAL PAYMENT OF AN AMOUNT NOT TO EXCEED $50,000 TO REIMBURSE CVS FOR LOCAL SALES TAX PAID BY CVS. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6 -0. H. INFORMATION AND REPORTS June 13, 2016 City Council Meeting Minutes Page 11 of 12 H.1 ANNOUNCEMENTS Council member Barth made the following announcements. Join us for the Mayor's Summer Reading Club at the NRH Public Library. There will be weekly story times and special programs. Participants will also earn prizes for reading. For more information and a calendar of Summer Reading Club activities, visit the Library or go online to library.nrhtx.com. Children ages five (5) to 12 are invited to learn about bicycle safety at a free bike rodeo on Saturday, June 11, 2016. The rodeo will take place from 9:30 a.m. to 11:30 a.m. at Cross Timbers Park. Space is limited and pre- registration is required. Call the NRH Centre at 817- 427 -6600 to register and get more details. June is National Adopt -a- Shelter -Cat Month. To celebrate, the North Richland Hills Animal Adoption & Rescue Center is reducing adoption fees to $60.00 for kittens and puppies six (6) months and under, and $20.00 for cats and dogs over six (6) months of age. Please call or visit the adoption center for more information. Kudos Korner - Mark Hill in the Water Department - A resident called to share appreciation and thanks after Mark found a phone in the street, tracked down the owner and returned it. It's great to know we have such honest and caring employees working in our community. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:47 p.m. Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary June 13, 2016 City Council Meeting Minutes Page 12 of 12 1q1kH NOM I-1 KICHLAND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: June 27, 2016 Subject: Authorize the city manager to execute an interlocal agreement with the City of Denison for the purchase of goods and services. Presenter: Kent Austin. Finance Director Summary: The City of Denison is requesting to enter into an inter -local purchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Denison is requesting to enter into an inter -local purchasing agreement for the purchase of goods and services from vendors selected through the competitive bidding process. The City of Denison is interested in purchasing from a current City of North Richland Hills contract for Slurry Sealing (RFB 15 -020, Intermountain Slurry Seal). Council has authorized several of these inter -local agreements in the past and they have been mutually beneficial to North Richland Hills and the other agencies. Participation reduces the overall expense of soliciting bids and purchasing in larger quantities often lowers the cost of the goods and /or services. Each agency will place their orders and pay the vendors directly. The City of North Richland Hills or the City of Denison may change or cancel the agreement with a 30 -day written notice. North Richland Hills currently participates in inter -local agreements with several local governments throughout the DFW Metroplex and various parts of Texas. Recommendation: Authorize City Manager to execute an interlocal agreement with the City of Denison. INTERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND DENISON This Agreement made and entered into by and between the City of North Richland Hills, Texas, hereinafter referred to as "NRH ", and the City of Denison, Texas, hereinafter referred to as "Denison ". Pursuant to the authority granted by the Texas Interlocal Cooperation Act Texas Government Code, Chapter 791, as amended (the "Act "), providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and Denison desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: NORTH RICHLAND HILLS NRH shall be allowed to purchase goods and services from vendors who have been selected by Denison through the competitive bidding process of Denison. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendor's compliance with all conditions of delivery, price and quality of the goods or services purchased by NRH. 3. NRH shall give a 30 -day written notification to all participating agencies of any change or cancellation of participation. 4. The NRH Purchasing Agent shall be designated as the official representative to act for NRH all matters relating to this cooperative purchasing agreement. DENISON Denison shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. Denison will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. Denison shall be responsible for the Vendor's compliance with all conditions of delivery, price and quality of the goods or services purchased by Denison. Denison shall give a 30 -day written notification to a participating agency of any change or cancellation of participation. 4. The Denison Purchasing Manager, shall be designated as the official representative to act for Denison in all matters relating to this cooperative purchasing agreement. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) days written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS, TEXAS BY: City Manager DATE: ATTEST: City Secretary APPROVED AS TO FORM: Attorney for the City CITY OF DENISON, TEXAS ATTEST: TITLE: '-� y � �� ,� t APPROVED AS TO FORM: ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: ZC 2016 -07, Ordinance No. 3417, Public Hearing and consideration of a request from Dustin Austin for a Zoning Change from AG Agricultural to R -2 Single Family on 14.78 acres located in the 8100 block of Precinct Line Road. PRESENTER: Clayton Comstock, Planning Manager SUMMARY: On behalf of property owners Jody and Susan Austin and Kenneth and Judith Ashlock, Dustin Austin is requesting a zoning change from AG Agricultural to R -2 Single Family Residential on 14.78 acres located in the 8100 block of Precinct Line Road. GENERAL DESCRIPTION: The applicant is requesting a zoning change with the intent to develop the property as a single - family residential subdivision. The Planning and Zoning Commission and City Council have expressed concerns about fragmentary or piecemeal approaches to developing the remaining property in North Richland Hills, and have stated the need for each development to carefully plan for how future phases would affect adjacent property. The requirement to conceptually show a more comprehensive development approach is also expressed by a site - specific recommendation of the Comprehensive Land Use Plan which is further detailed below. As such, the applicant has provided a non - binding concept plan that demonstrates how their development can be further expanded by the property owners to the north and south. The Development Review Committee (DRC) also recommended that the applicant meet with the Thornbridge HOA and /or residents that live immediately adjacent to the site in order to discover any unknown issues and address questions from the neighbors. While the property abuts the Thornbridge subdivision on the west and south sides, there are no street connections possible between the two developments. COMPREHENSIVE PLAN: The Comprehensive Plan classifies this area as "Low Density Residential." This designation provides areas for the development of traditional, low- density single - family detached dwelling units. The Comprehensive Plan also includes the following site - specific recommendation for this area of Precinct Line Road. While the proposed R -2 zoning district is consistent with ?g1kH NORTH RICHL.AND HILLS the underlying land use recommendations, the application should also be reviewed in context with this policy. North Precinct Line Transition Area This area includes deep rural estate lots that backup to single- family residential development, but are directly south of the North Tarrant Parkway commercial area. This area could develop as traditional single - family or include a mixed -use development. The area represents a major entrance into the City of North Richland Hills. The massing of property will be essential to the proper development of this area, specifically a minimum commitment of five acres should be required for consideration of a zoning change request in order to: minimize curb cuts, provide for shared access, and provide logical geographic development of the area. The minimum commitment of five acres is also encouraged to avoid piecemeal development patterns and negative impacts on existing neighborhoods. The transition of existing land uses should require a minimum commitment of five acres with 500 feet of frontage on Precinct Line Road for a zoning request to be considered. Conceptual plans will be required with traffic access and land use considerations for the entire area. This transition area backs to the Thornbridge neighborhood to the west and south. Specifically, the city should minimize conflicts between residential and nonresidential land uses in order to protect property values and the interests of both, and should take the following initiatives: • Develop initiatives to address improving this northern gateway into the city, which could include development of urban design standards including parking, sidewalk, streetscape and landscape standards. CURRENT ZONING: The property is currently zoned AG Agricultural. PROPOSED ZONING: The proposed zoning is R -2 Single Family Residential. The R -2 district is intended to provide areas for low- density development of single - family detached dwelling units that are constructed at an approximate density of 4.0 units per acre. SURROUNDING ZONING I LAND USE: North: AG Agricultural I Low Density Residential West: R -1 Single - Family Residential I Low Density Residential South: R -2 Single - Family Residential and AG Agricultural I Low Density Residential East: Located in Colleyville PLAT STATUS: The property is currently unplatted. PLANNING & ZONING COMMISSION: The Planning & Zoning Commission held a public hearing and considered this item at their June 2, 2016 meeting, and voted 6 -0 to recommend approval. An excerpt from the meeting minutes is attached to this agenda item. RECOMMENDATION: Approve Ordinance No. 3417. N n NRH C 2016 -07 Prepared by Planning 05/19/16 Feet 0 55110 220 330 440 Case Number: Applicant: Location: NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL ZC 2016 -07 Dustin Austin 8100 block of Precinct Line Road 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 Dustin Austin for a Zoning Change from AG Agricultural to R -2 Single Family on 14.78 acres located in the 8100 block of Precinct Line Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 2, 2016 CITY COUNCIL 7:00 PM MONDAY, JUNE 27, 2016 Both Meeting Locations: CITY COUNCIL CHAMBERS 4301 CITY POINT DRIVE 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 4301 City Point Drive North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 Keller Independent School District GOLIGHTLY DON C RATCLIFF GENE Attn: Hudson Huff GOLIGHTLY JANET G RATCLIFF JOAN 350 Keller Parkway 8165 PRECINCT LINE RD 8161 PRECINCT LINE RD Keller, TX 76244 FORT WORTH TX 76182 -8607 FORT WORTH TX 76182 -8607 AUSTIN JODY AUSTIN JODY V ASHLOCK KENNETH G 8155 PRECINCT LINE RD AUSTIN SUSAN A ASHLOCK JUDITH 8319 THORNRIDGE DR 8155 PRECINCT LINE RD 8153 PRECINCT LINE RD FORT WORTH TX 76182 -8607 NRH TX 76182 -8642 NRH TX 76182 -8642 NRH TX 76182 -8607 NRH TX 76182 -8607 City of Colleyville COUDE PARTNERS LTD Community Development Attention: % CHARLES BAMBERGER KNOX KAREN ANN ETAL 100 Main Street 416 S HENDERSON ST 1906 DARTMOUTH CT ARLINGTON TX 76015 -3213 Colleyville, TX 76034 FORT WORTH TX 76104 -1017 MORTON TRENT R STOKIC MICHAEL D MCDONALD LARRY MORTON SUSAN B STOKIC MARY MCDONALD LYNDA M 9101 THORNRIDGE DR 9105 THORNRIDGE DR 6523 EDGEWOOD CT NRH TX 76182 -8643 FORT WORTH TX 76182 -8643 GRANBURY TX 76049 -4318 E MOORE REVOCABLE TRUST RADER KATHLEEN HARTMAN MICHAEL D Attention: ERIC WAYNE MOORE RADER MICHAEL HARTMAN PAULETTE A 9113 THORNRIDGE DR 9117 THORNRIDGE DR TRUSTEE NRH TX 76182 -8643 NRH TX 76182 PO BOX 667 BEDFORD TX 76095 LARSON JEFFRY L HICKS JUDITH BRIERE THOMAS A LARSON LINDA L 8228 FENWICK DR BRIERE MARION G 8232 FENWICK DR NRH TX 76182 8229 HALLMARK DR FORT WORTH TX 76182 -8648 NRH TX 76182 -8647 YOUNG RICHARD E SHEA MICHELLE BURCH GLENN B YOUNG MARGARET 8229 FENWICK DR BURCH DONNA B 8228 HALLMARK DR 8324 THORNRIDGE DR NRH TX 76182 -6649 NRH TX 76182 -8646 NRH TX 76182 -8641 HAMMONS MITZIE DAD PHOUNG BUCKLES AMY M HAMMONS ROY A 8316 THORNRIDGE DR 8312 THORNRIDGE DR 8320 THORNRIDGE DR NRH TX 76182 -8641 FORT WORTH TX 76182 -8641 NRH TX 76182 OPFER BRENT M TROUP DAVID P HASSELL TANYA M OPFER KARA M TROUP ALLIS EST HASSELL CHRISTO 8308 THORNRIDGE DR 8304 THORNRIDGE DR 8300 THORNRIDGE DR NRH TX 76182 NRH TX 76182 -8641 NRH TX 76182 -8641 FENOGLIO JIMMY D JORDAN CHRISTOPHER D DAVIS JAMES R FENOGLIO VICKIE JORDAN JOA DAVIS BARBARA 8319 THORNRIDGE DR 8315 THORNRIDGE DR 8311 THORNRIDGE DR NRH TX 76182 -8642 NRH TX 76182 -8642 NRH TX 76182 -8642 MOREAU GLENN THOMAS MARTIN MICHAEL L 8307 THORNRIDGE DR MARTIN ELAINE NRH TX 76182 -8642 8303 THORNRIDGE DR NRH TX 76182 -8642 ORDINANCE NO. 3417 ZONING CASE ZC 2016 -07 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY REZONING A 14.78 ACRE TRACT OF PROPERTY LOCATED IN THE 8100 BLOCK OF PRECINCT LINE ROAD FROM AG(AGRICULTURE) TO R -2 (SINGLE FAMILY RESIDENTIAL) ZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of North Richland Hills, Texas is a home -rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the owner of the property containing approximately 14.78 acres of land described in Exhibit "A" and shown on Exhibit "B" attached hereto, located in the 8100 block of Precinct Line (the "Property ") has filed an application to rezone the Property from its present classification of AG (agriculture) to R -2 (single family residential); and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 2, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 27, 2016 with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for rezoning the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Ordinance No. 3417 ZC 2016 -07 Page 1 of 4 Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF NORTH RICHLAND HILLS, TEXAS: Section 1: That the Zoning Ordinance of the City of North Richland Hills is hereby amended by rezoning from AG (agriculture) to R -2 (single family residential) a 14.78 acre tract within the 8100 block of Precinct Line Road as described on Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated for all purposes. Section 2: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to reflect the approved R -2 (residential) zoning, as set forth above. Section 3: The use of the property described above shall be subject to all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Section 4: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 5: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 7: Any person, firm or corporation violating any provision of the 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 Ordinance No. 3417 ZC 2016 -07 Page 2 of 4 ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 8: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 9: 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 10: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 27th day of June, 2016. [All was] a ' [a]:40:1 N [a]:I W_101 III: I11149 0 ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Oscar Trevino, Mayor Cara Leahy White, Assistant City Attorney Approved as to content: Ordinance No. 3417 ZC 2016 -07 Page 3 of 4 Clayton Comstock, Planning Manager Ordinance No. 3417 ZC 2016 -07 Page 4 of 4 PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the W.C. Newton Survey, Abstract No. 1182 and the S. Richardson Survey, Abstract No. 1266, City of North Richland Ilills, Tarrant County, Texas, being all of that tract of land as described in deed to Kenneth G. Ashlock and wife, Judith K. Ashlock, recorded in Volume 12352, Page 356, Deed Records, Tarrant County, Texas, being all of that tract of land as described in deed to Jody V. Austin and wife, Susan A. Austin, recorded in D208336368, Deed Records, Tarrant County, Texas, being a portion of that tract of land as described in deed to Jody Austin and wife, Susan A. Austin, recorded in Volume 8095, Page 61.6, Deed Records, Tarrant County, Texas and being more particularly described as follows: EEGINNING at a Right- of-Way marker in the new west right -ofway of line of Precinct Line Road (R.O. W. varies) at the southeast corner of said Ashlock tract, said point lying in the north line of a tract of land as described in deed to C.oude Partners, Ltd., recorded in D205166057, Deed Records, Tarrant County, Texas; THENCE S 89 055'15" W, along the south line of said Ashlock tract, the north line of said Coude tract, and the north line of Thornbridge East, an addition to the City of North Richland Ifills, Tarrant County, Texas as recorded in Cabinet A, Slide 4133, Plat Records, Tarrant Comity, Texas, a distance of '1249.89 feet to the east line of Thornbridge, Phase V, an addition to the City of North Richland Hills, 'Tarrant County, Texas as recorded in Cabinet A, Slide 4134, Plat Records, Tarrant County, Texas; THENCE N 01020'04" W (plat N 00 °27'01 " W), along the east line of said Thornbridge, Phase V, a distance of 246.07 feet; THENCE N 000 16150" W (plat N 00 027'01 " W), along the east line of said Thornbridge, Phase V, a distance of 261.75 feet to the south line of atract of land as described in deed to Gene E. Ratcliff and wife, Joan C. Ratcliff, recorded in Volume 8361, Page 99, Deed Records, Tarrant County, Texas; THENCE along the north line of said Austin tracts and the south line of said Ratcliff tract, as follows: N 89 038'49" E, a distance of] 065.39 feet to an iron pin for corner; N 00 °04'23" W, a distance of 31.79 feet to an iron pin for corner; S 89 °57'42" E, a distance of 179.06 feet to the aforementioned new west right -of way line of Precinct Line Road; THENCE along the new west right -of -way line of said Precinct Line Road, as follows: S 00° 18'26" E, a distance of 88.53 feet; S 02 °10'12" E (reference bearing per Volume 12456, Page 508, Deed Records, Tarrant County, 'Texas), a distance of 300.16 feet to a Right- of-Way marker; S 00 °14'50" E, a distance of 155.79 feet to the POINT OF BEGINNING and containing 14.78 acres of land, more or less. NOTE: This document was prepared under 22TAC 663.2 1, does not reflect the results of an on the ground survey, and is not to be used convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. floe, e34s rk ° sa` ' a ray F 0 eeeg5slg@ a3`aVaFs e m a c'= ®eye dz0 ''L F IK p��Tya vW� � {per 6 ➢a oya �a ms➢ §e�� �8'� "fig °.�s = _ - " _ ggr 3No mro .E9'98 W0213NI1 I11ON10321d 3 .90.8{.00 S 5 02'10'12" E 300.3G' 3 .05. bE. 00 S Nz � 999/ -y - -- - - -� ze <re k M ..E .M 00 N �Qa3�a on �e I e bo ¢Ile I Q gws�ma � y m N I I ZZ 2 " N N c a i I e 5 __ -� - - -- .5L'192 M ..OS 9i. CON LO'9bZ M b0.00. SON -- � o _ n €' 1 3N84 39�- 01LN80H1 � EXCERPT FROM THE MINUTES OF THE JUNE 16, 2016 PLANNING AND ZONING COMMISSION MEETING C.2 ZC 2016 -07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DUSTIN AUSTIN FOR A ZONING CHANGE FROM AG AGRICULTURAL TO R -2 SINGLE FAMILY ON 14.78 ACRES LOCATED IN THE 8100 BLOCK OF PRECINCT LINE ROAD. APPROVED Planning Manager Clayton Comstock introduced ZC 2016 -07. Applicant Representative, John Pitstick, Our Country Homes, 700 West Harwood Road, Hurst, TX came forward to present the request. Mr. Comstock summarized the staff report for this zoning change request. Chairman Randall Shiflet asked Mr. Comstock to address a question from the audience about tree preservation related to this project. Mr. Comstock stated that the North Richland Hills Tree Preservation Ordinance allows for the removal of trees for residential developments and no tree replacement is required. Each individual lot is required to have a total of three trees measuring three inches in diameter and one of those trees must be in the front yard. Over 100 trees will be required in this development based on the proposed number of lots, but this will not replace the more mature trees that exist there today. Chairman Shiflet opened the public hearing at 7:41 p.m. Mary Stokic, 9105 Thornridge Drive, North Richland Hills, came forward in opposition to the application. She stated that she has lived in North Richland Hills for 26 years and 10 years in Thornbridge. Her family chose the neighborhood because of the green spaces, walking paths, children's playground, and the pasture that is adjacent to their property. Ms. Stokic does not want to get in the way of the property owner or the developer but is against the plan because of the loss of mature trees. The road that is proposed near her yard is also a concern. She asked the Commission to set some standards for what the development will look like. Glenn Burch, 8324 Thornridge Drive, North Richland Hills, came forward in opposition to the application. He stated that he understands the current tree ordinance but wants to encourage the city to strengthen the requirements in creative ways. Chairman Shiflet reminded the audience that this case was a request to change the zoning of the subject property only and the layout of the proposed subdivision was not being deliberated. Susan and Greg Small, 9101 Thornridge Drive, North Richland Hills, came forward in opposition to the application. Ms. Small stated that their home is on the southern boundary of the proposed development and that all the homes lining that border have wrought iron rear fences that look out onto a pond and mature trees on the subject property. She stated that they are distraught about losing that view and would like to ask if there is a possibility that the existing pond could be used instead of the proposed ponds along Precinct Line Road. Ms. Small also reiterated the concerns that Mary Stokic had about the road planned behind their homes. Mr. Pitstick returned to the podium to address the comments and stated that his company wants to work with the residents. He stated that this neighborhood is being proposed as Thornbridge North and his company wants to save as many trees as possible which would make the lots more marketable. To lay out a new plan would increase development costs but they want to work with existing property owners to provide a good transition. Mr. Pitstick stated that they have sent out letters and want to meet with the surrounding neighbors. Mike Stokic, 9105 Thornridge Drive, North Richland Hills, came forward to propose flipping the layout of the development such that the detention ponds would be at the back adjacent to the existing homes and the new lots would be located on the eastern side closer to Precinct Line Road. Susan Small, 9101 Thornridge Drive, North Richland Hills, returned to the podium to request that the rear yards of the proposed homes be placed adjacent to the lots along Thornridge Drive instead of the current layout. Chairman Shiflet stated that Mr. Pitstick is listening and he can address these concerns when he meets with the residents. Chairman Shiflet closed the public hearing at 7:55 p.m. KATHY LUPPY MOVED TO APPROVE ZC 2016 -07. DON BOWEN SECONDED THE MOTION. Don Bowen stated he understands the comments about loving the pasture behind the homes, but although he knows it isn't feasible, the only way to guarantee that the property stays in its current state is to own it. He also stated that the location of the detention ponds is not arbitrary and they would only hold water temporarily until they slowly drained, but they would not be like the pond that is currently there. MOTION TO APPROVE CARRIED 6 -0. ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: ZC 2016 -06, Ordinance No. 3418, Public Hearing and consideration of a request from Icon Consulting Engineers, Inc for a revision to Planned Development 36 (PD -36) located in the 9000 -9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road, and further amending PD -36 to consolidate all previously- approved site plans for the property into one comprehensive ordinance. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Walmart Real Estate Business Trust, Icon Consulting Engineers is requesting a zoning change to amend Planned Development 36 (PD -36) to develop a new El Pollo Loco fast casual restaurant. The proposed site is 0.984 acres in size and located on the north side of North Tarrant Parkway between Davis Boulevard and Precinct Line Road. GENERAL DESCRIPTION: A complete site plan package for the proposed El Pollo Loco restaurant is attached. The business is a California -based fast casual restaurant with several stores located in Houston and San Antonio. Planned improvements to the 0.984 -acre site include a 2,660- square -foot building, 41 parking spaces, landscaped areas covering 42% of the lot area, and pedestrian access from the North Tarrant Parkway sidewalk. The business operation also provides drive - through service with a canopy covering the pickup window area. Primary access to the restaurant is from the existing driveway on North Tarrant Parkway that serves Walmart. Common access is also available from the west through the Walgreens and Slim Chickens sites. Additional information about the company is online at www.elpolloloco.com. The application for an amendment to PD -36 provides an opportunity to address modifications to specific development standards for the site. These modifications are described in more detail below. All other development standards have been satisfied. Wall signs The sign standards limit the installation of wall signs to two building faces. The applicant proposes to include wall signs on all four building elevations, as shown in the attached elevation drawings. The Development Review Committee (DRC) recommends that ?g1kH NORTH KICHL,AND HILLS signage on the building comply with adopted standards. The installation of signs on all four elevations requires special approval as part of the planned development zoning. Parking lot islands The restaurant site is currently part of the parking lot for Walmart. Construction will require the removal of several parking lot islands and restriping of the lot north of the restaurant site. As part of the site development, the DRC recommends that new islands be installed at the south ends of the parking rows on the Walmart site adjacent to the El Pollo Loco property. The area shown in red is the recommended location of the new islands, which each should include a tree as required by the landscaping standards. COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Retail." This designation is intended to permit a variety of retail trade, personal and business services establishments, and offices. CURRENT ZONING: The property is currently zoned Planned Development (PD -36), which has a C -1 Commercial base zoning district. The purpose of this planned development is to provide for a retail /grocery center ( Walmart) and pad sites for future development. The original zoning was approved in 2001. It has been amended seven times to accommodate development of two retail centers, a gasoline facility, a bank (Woodforest National Bank), and three restaurants (Jack in the Box, Slim Chickens, and Arby's). PROPOSED ZONING: The applicant is requesting an amendment to PD -36 in order to adopt the site plan for a new fast casual restaurant. PROPOSED ORDINANCE 3418 "SUPER AMENDMENT ": The property is zoned as Planned Development 36 (PD -36), which was approved in March 2001. One of the ?g1kH NORTH KICHL,AND HILLS conditions in PD -36 is that all site plans for development on property within the zoning district must be reviewed and approved by the Planning and Zoning Commission and City Council. These site plans are processed as an amendment to PD -36, which follows the standard zoning change process. There have been seven amendments approved since the adoption of the zoning. The most recent amendments were in 2016 for the Slim Chickens restaurant, located at 9005 North Tarrant Parkway, and the Arby's restaurant, located at 8245 Precinct Line Road. The proposed Ordinance No. 3418 consolidates these nine site plans into one comprehensive ordinance and repeals all prior ordinances. No changes have been made to any of the prior approvals. They reflect the site plan approved by City Council at the time they were considered. SURROUNDING ZONING I LAND USE: North: C -1 Commercial Retail West: C -1 Commercial Retail South: PD -69 Planned Development I Retail East: Property located in Colleyville and developed as single - family residential PLAT STATUS: The property is currently platted as Lot 1A, Block 1, Walmart Addition. A replat for this property is being prepared for an upcoming agenda. The plat would subdivide the property into two lots. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at the June 2, 2016, meeting and voted 6 -0 to recommend approval subject to DRC's recommendations regarding wall signs, parking lot landscape islands, and final certification of the site plan. RECOMMENDATION: Approve Ordinance No. 3418, subject to the Development Review Committee's recommendations regarding wall signs, parking lot landscape islands, and final certification of the site plan. O co O� North Tarrant Pkwy d J V d i a Case Number: Applicant: NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION AND CITY COUNCIL ZC 2016 -06 Icon Consulting Engineers, Inc Location: 9000 -9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road. 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 and consideration of a request from Icon Consulting Engineers, Inc for a revision to Planned Development 36 (PD -36) located in the 9000 -9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JUNE 2, 2016 CITY COUNCIL 7:00 PM MONDAY, JUNE 27, 2016 Meeting Location: CITY COUNCIL CHAMBERS 4301 CITY POINT DRIVE 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 4301 City Point Drive North Richland Hills, Texas 76180 Phone (817) 427 -6300 Fax (817) 427 -6303 8955 TARRANT LLC WAL -MART REAL ESTATE BUS TRUST Attention: REAL ESTATE TAX DEPT- Attention: % RE PROERTY TAX MS 0555 STORE # 052114 -S PO BOX 8050 PO BOX 1159 BENTONVILLE AR 72712 -8055 DEERFIELD IL 60015 WOODFOREST NATIONAL BANK CHAVEZ BROTHERS INC Attention: % WM L TOWNSEND 12817 WHISPER WILLOWS DR 1330 LAKE ROBBINS DR STE 100 HASLET TX 76052 SPRING TX 77380 -3267 MURPHY OIL USA INC WACHOVIA BANK NA 200 E PEACH ST Attention: MACAO 109-101 EL DORADO AR 71730 -5836 333 MARKET 10TH FL ST SAN FRANCISCO CA 94105 CITY OF COLLEYVILLE JPMORGAN CHASE BANK COMMUNITY DEVELOPMENT Attention: ATTN MGR REAL EST PO BOX 9456 BUSINESS SER 100 MAIN STREET 100 MAIN ST 575 WASHINGTON FL 4TH BLVD TEXAS 76034 JERSEY CITY NJ 07310 -1616 NOORNEEL LLC BRINKER TEXAS LP 704 GATESHEAD CT Attention: ATTN TAX DEPT SOUTHLAKE TX 76092 6820 LYNDON B JOHNSON FWY DALLAS TX 75240 -6511 SS DAVIS INVESTMENT LLC ETAL GEMBA COLLEYVILLE LLC 300 STOCKTON DR 2400 BROADWAY ST SOUTHLAKE TX 76092 -2226 BEAUMONT TX 77702 -1904 BOMAC DAVIS INVESTMENTS LLC FORT WORTH COMMUNITY CREDIT UN PO BOX 96011 PO BOX 210848 SOUTHLAKE TX 76092 -0111 BEDFORD TX 76095 -7848 TARGET CORPORATION A -S 116 NORTH TARRANT PKWY - Attention: PRECINCT LINE LP PO BOX 9456 8827 W SAM HOUSTON 200 PKWY N MINNEAPOLIS MN 55440 -9456 HOUSTON TX 77040 Keller Independent School District Attn: Hudson Huff 350 Keller Parkway Keller, TX 76244 PC CHICKEN NRH LP 3879 W CEDAR RIDGE LN FAYETTEVILLE AR 72704 GRAHAM WES M SR GRAHAM LELANIA 26509 HAWTHORNE RD CARL JUNCTION MO 64834 -8415 PROVIDENT CAPITAL LLC 1820 BONANZA ST STE 200 WALNUT CREEK CA 94596 -4376 BLUE STONE REAL ESTATE GROUP LP 1999 BRYAN ST STE 900 DALLAS TX 75201 -3140 SUMMIT COMMUNITY BANK NA PO BOX 16509 FORT WORTH TX 76162 -0509 BOMAC SIGNATEL INV LLC PO BOX 96011 SOUTHLAKE TX 76092 INLAND WESTERN N RICHLAND H D PO BOX 9273 OAK BROOK IL 60522 -9273 KROGER TEXAS LP Attention: ATTN REAL ESTATE DEPT 1331 E AIRPORT FWY IRVING TX 75062 -4818 ORDINANCE NO. 3418 ZONING CASE ZC 2016 -06 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, AND THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS BY AMENDING PLANNED DEVELOPMENT 36 OF THE CITY OF NORTH RICHLAND HILLS FOR THE PURPOSE OF INCORPORATING PREVIOUSLY APPROVED SITE PLANS AND APPROVING A NEW SITE PLAN FOR LOTS 1A, 1B, 2, 3, 4, 5, 6R AND 7R, BLOCK 1, WAL -MART ADDITION LOCATED IN THE 9000 -9100 BLOCKS OF NORTH TARRANT PARKWAY, INCLUDING ADJACENT PARCELS ON DAVIS BOULEVARD AND PRECINT LINE ROAD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills, Texas is a home -rule municipality located in Tarrant County, Texas acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and restricts the location and use of buildings, structures, and land for trade, industry, residence, and other purposes, and provides for the establishment of zoning districts of such number, shape, and area as may be best suited to carry out these regulations; and WHEREAS, the City Council of the City of North Richland Hills previously approved Planned Development 36; and WHEREAS, Planned Development 36 requires Planning and Zoning Commission and the City Council approval of all site plans for development on the property within the zoning district; and WHEREAS, the City Council previously approved several site plans for development on the property within the zoning district; and WHEREAS, the City Council desires to consolidate all previously approved site plans into one ordinance; and Ordinance No. 3418 ZC 2016 -06 Page 1 of 5 WHEREAS, the owner of a Lot 1A, Block 1, Wal -mart Addition, a portion of Planned Development 36, has requested approval of a site plan for development of a portion of the property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on June 2, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on June 27, 2016 with respect to the zoning change described herein; and WHEREAS, the City has complied with all requirements of Chapter 211 of the Local Government Code, the Zoning Ordinance of the City of North Richland Hills, and all other laws dealing with notice, publication, and procedural requirements for the rezoning of the Property; and WHEREAS, upon review of the application, and after such public hearing, the City Council finds that granting the request herein furthers the purpose of zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the zoning change should be granted, subject to the conditions imposed herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Zoning Ordinance of the City of North Richland Hills and Planned Development 36 of the City of North Richland Hills are hereby revised to incorporate all site plans and development regulations found in Ordinance Numbers 2548, 2634, 2635, 2710, 2780, 3041, 3395, and 3408 for Lots 1A, 1B, 2, 3, 4, 5, 6R, and 7R, Block 1, Wal -Mart Addition in the City of North Richland Hills, Tarrant County, Texas, located in the 9000- 9100 blocks of North Tarrant Parkway, including adjacent parcels on Davis Boulevard and Precinct Line Road, into this Ordinance with the site plans for those ordinances attached hereto as Exhibits A through I and incorporated herein. Section 2: The Zoning Ordinance of the City of North Richland Hills and Planned Development 36 of the City of North Richland Hills are hereby revised for the purpose of approving a revised site plan attached hereto as Exhibit J, for Lots 1A, 1B, 2, 3, 4, 5, 6R, and 7R, Block 1, Wal -Mart Addition in the City of North Richland Hills, Tarrant County, Texas, located in the 9000- 9100 blocks of North Tarrant Parkway, including adjacent parcels on Davis Boulevard and Precinct Line Road for the purposes of new construction on Lot IA. Section 3: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance and Planned Ordinance No. 3418 ZC 2016 -06 Page 2 of 5 Development 36 is sufficient to approve the revised site plan attached hereto as Exhibit "J" and incorporated for all purposes. Section 4: That the official zoning map of the City of North Richland Hills is amended and the Planning Manager is directed to revise the official zoning map to and Planned Development 36, as set forth above. Section 5: The use of the Property described above shall be subject to the restrictions, terms and conditions set forth in the Planned Development 36 and the Site Plans attached as Exhibits "A" through "J °. Unless otherwise provided in Exhibits "A" through "J ", the Property shall be governed by all applicable regulations contained in the Building and Land Use Regulations and all other applicable and pertinent ordinances of the City of North Richland Hills. Furthermore, the permitted uses and development regulations originally adopted by Ordinance 2548 for this planned development district shall remain as follows: 1. Permitted Uses A. Retail /Grocery center including garden center, automobile servicing, fuel sales, outdoor display and storage constructed in accordance with the site plan and building elevations attached as Exhibit A. B. Retail, Office, and Commercial Uses permitted in the C -1 Commercial zoning district as provided in the table of permitted uses. Prior to the issuance of a building permit for any new development, a site plan for each development shall be submitted to the Planning & Zoning Commission for review and comment and forwarded to the City Council for consideration. 2. Hours of Operation for Home Improvement Center: 24 hours a day, 365 days a year. 3. All exterior lighting shall be limited to a maximum of 400 watt fixtures. Section 6: The zoning district as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. Section 7: This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are Ordinance No. 3418 ZC 2016 -06 Page 3 of 5 hereby repealed. Ordinance Numbers 2548, 2634, 2635, 2710, 2780, 3041, 3395, and 3408 are hereby repealed. 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 are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause or phrase. Section 9: Any person, firm or corporation violating any provision of the 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 10: All rights and remedies of the City of North Richland Hills are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 11: 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 12: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on the 27th day of June, 2016. CITY OF NORTH RICHLAND HILLS Ordinance No. 3418 ZC 2016 -06 Page 4 of 5 0 ATTEST: Alicia Richardson, City Secretary Approved as to form and legality: Oscar Trevino, Mayor Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance No. 3418 ZC 2016 -06 Page 5 of 5 mxv w�am u 1 d � � _ rug a rv�.wssv nvtivn�nu scar wa a < r u r t Wmw. UKld 0118 D-Ud uoyyPPV PUN IRM JI Lk " p i i 9 � 1 a I � i I I ri1 fIw�._ d ti I 1 . %, 11 iR i a 7 x; NNq 1 4y .. 41r I P Yh I 1 1 � r �� ����il ;/✓ire, ., /rx`,.�'1" I , � ( ��" �1 it 1 a " V 11 r , a, '• 11 C NI IW 1 di fl { �4 d T li ;+ � f ' 11l N � a" ��✓ +7 1 i 1 VV (ati��yyty� a pv x�z �`• I�� - �I r I �w � Ell �/ % % B aeu• 1 I I rc =' 111-:1M e' 1 yiyd u¢d 1 B� .i Appv liew-lem aNPURI jl. — --- -------- P gg --w MM "IN 7� Ig 7 ij IN I flA N nn J1 ---------------- - - - - - - — - — - --------- -- ------ , OP. all U s. I I 75 4-,tj C I, 11V W , OP. all U s. I I 75 , OP. all U s. I I ■ fZ J , ; , /� �\ j / (} \ \ 02 \ dm�id . . . . . . . . . . 11-i do, - - ----- .... 0 Ml Py I�A v , hil 4W 4 to" MW w, DI is s. rey nn wm 9IVR a9 fi F4 i f4 1 4 I j Z O a W J W F LL W J 2 O C 5 W J W 5i Ci d 7! ■n Fu N .T. 9 � C i CIJ i Ea r Z W ,I ra s. w� � N se. Fu N .T. 9 � C i CIJ i Ea r Z W ,I ra s. w� Tm, III I loll lip 11 IY 11 IPoCP/ •� ^ ^ ^•M^*+ Y Y t r « SVXH,L S17IH QNT''IFiDI2I HJ.?]ON d t�'LV'Id d,5��12I03C1OgM A N39 1 Yi 060M lia9li1F{ t i�`t n w v e v w n a v w i V , TI 4� a � g�. S 4 f vg *1 5" g ua@! Intl' L�?Yk mms j Ux `Si" 9 a I {r �1 W J� n C� v rt r ✓s � q� 27 rM''. w v! g t " w X>4 S 4 f vg *1 5" g ua@! Intl' L�?Yk mms j `Si" 9 a I {r �1 W J� n C� v r ✓s � q� 27 S 4 f vg *1 5" g ua@! Intl' L�?Yk mms i E j `Si" I {r �1 W J� n C1 i E j I {r �1 W J� r V i rr 1I"t r t 10H i tP S L5dr n v x 1 n N�e1 ,Ni�Na9�r m t tn6b C( M ^ r� 4 arc1 pp pp .f, I r aa,x G§` r wily VZU w o Imp t nk r , jj i�' s� a V 11 o I j I n'1 1 / � f � yr A to t e rf t �f J1 h i N.d i, R �fiN I dh smu, '�'TIIA (INVI]DIM 111NION 00 iji^ VZVd 111<1414WHIMAk A N 1 V N 01 Hill 1 7 al .1050H, '10" T du 17- MIME= Immmm Im snag= <� aY nz I k ttk 42 i�a 17- MIME= Immmm Im snag= <� aY nz I k I 4 O 1 � egg...._...._.... e r re, #� r L lu Ufa i RH1; t A J iV lE yIIn,I'� 3 Jx � egg...._...._.... e r r {3 % t A J iV lE yIIn,I'� 3 Jx � egg...._...._.... JIVM aVd INVUHVl HIHON _.:: ..... _. ...... __.. - .:..:: e L V � � Oft ry' 4 t � r ti F JIVM aVd INVUHVl HIHON _.:: ..... _. ...... __.. - .:..:: e L V � � � s PEP k i G � Nw �� Fsl ss M r ' 40 tv I xm i y i0 YY h r s A r f .. x v r ° p \ JIVM aVd INVUHVl HIHON _.:: ..... _. ...... __.. - .:..:: 3 444 r vEi �ui III III J t qa.. @G!� R vH s sP ,u 3 w s pqu � 4 R � s ➢• q4 @ £ �@@ nA �r i 9 9 R C pp g �?�{ � } fat r` � � #� wSk qP 3 k�q c 1H if 0 G k eg � kV y C< gpp Rai u q @� �b���u n p k xv+ mH k tl M an a g w e g s z z zpJ- dA� r y tg pgj �� e g :pHw Y tr rf Xd : 9 d e rr Ss �„ i E4 a 4 ttxavd@ 9 A �� \' flu J n- o- k k ug :i �� d }q4 i�p qgg qa M �y 1� P k� krggpyy H' q� A BS � J kkr A a�� qgua i� @pahh vpp° ?'� �dz` d6 � �q'! Yv' 4Y d @ Y q08 ed 4 .o e ks pkgd k aJ95 r2�.� EBB g�q�F fi � s Boa. qq& 80. g p 2 P�q aIS.'as 5 �Ir[ylr[C 3�HH8$�,F �. CH amW W d LIL�9N L §� I | kz m w I I ) I lll O kz X W C) IFJ [rF d, u� x j j pfl 1q �fi x I qn UE A If (08VA31noo SIAVC)) em VI J ii tlE I qn UE A If (08VA31noo SIAVC)) em VI J \ \� 13 iqq as Oak U031 \ \� 13 )� \ 4 \\ �t § /\ Fg, �� / \: }/ iqq as Oak )� \ 4 \\ �t § /\ Fg, �� / \: }/ m f wt n m w H Z Y a (7 m Z X w z 0 a w J W 2 H 0 z z z 0 a w J W F V1 W n J R ff 11 El J� x e g sr�i�JH�H��I�� Q �� W9[e�i�5$���p3p�3 la 4 "Y� ��k'�CIXA 1 *ri'k `�� V J5 &6 W1( &'Y 7��� )w � iYri�VLB f#5 z 0 a w J W 2 H 0 z z z 0 a w J W F V1 W X I � m w H Z Y Q (7 H S X W �l �1§ vjj Nl cm6�ei d oa Z, Al 9 "s d DO z O 6 w w W S h 0 w gg�@ z O r Q w J W H N SVX31 Sl IH ONVIHJH HAGN 1 �a� IVMNtlVd 1N1tltll H1 .100l H AvA&VN inlvanv�asN3rDiHDwns q f1a.Isl € NVId 3115 s R U H p HCp & h y', ffS� gt.-y35 rSS tlN ° V ��X4 e2 5d $ 6p`"W "•S.�kX $y � o � s hs=z a�itvggEg ^Fh2 o am N h r $$ hfff gs�BExaei4 a aX & y5 � "<�'A U m q y 'N k1 h� ; 5 �h syy h5 X�g N asn$ �aii.ekkw Yaaa8'x"sme iNN� me :c mho "a U h a IIO1e �€ i � P s x ;.� Y _ > 4r7 lop a ya b m \I al °I a _ y oalvX mxreu N _ L I sf rvrai cnui um........... q n 2 r M rr evMwrvi uu1e12 H,a <ooc �nm k AvA&VNna,w e a LNVNfiV 669N 6N 9NJINJ WITS NVId 3dV:)SONVI N gg gg gg gg gg gg s rLr)-1 n n In U 91 oW91laaas�f §I ffiI N u Z 8 av 1 0 G 0 0 C-) z z w c' �.a �.a C,1 u y 6 �' P ) e n h y p. , gk a `r My ZY.l�9 G JPb�@ yk(�X w °w.aiMna 9 /D� /u UWLM�IfM N:UI p 11 4iy Y ` &�S� p p C r k1 rmPl SN9 O IHO WN S iu ��N ��s L O gg pp g 4 �B0 w.a.� tLf LM FUIJ(tI1fVJJL�J]ll6fl 1 �B0 a s � � e e a i 'sy A t� Q 9` Q V1 Z Y _w S U J � t5' ra a m ��oi4 S X `min• W a r 3 o J w < a w P Fw LJ mi �B0 s � � e e ; ƒ : : G \ Ti iz - . \( .� � §E)/ \ mIWI ; ƒ : : G \ Ti iz - . \( .� � §E)/ \ mIWI �. yr� tLfL ��..I1J(tI1fVOJ LOJ ]ll6fl LL npu s[c V— , I Q� U � � a g E I Q a ff I W6:a r Fk Y3 8�0 O k ft( H4�° H � e65 (r Q9 ° i ( m hR$ O I � H Q I rf W [1 =y ... J w I I a �e W a I p P aal�'pp O I H Q � IY F.e O N _ 91 W o O CO S I W �yy I o6 1e @6a O_ Q_ H O 9 WQ aV 1 1 � �e Q _ r aR• O O I A 6� z .......... V � s ac � dp O o U � � a g E I Q a ff I W6:a r Fk Y3 8�0 8sv k ft( H4�° H � e65 W st MIII� MIN SUMAR) Will W W st W N E z CV w- �� ^` `� ,; F" � � asa�� C ,y Y� ^a „a° r!x a 3 � 5 A q C i S d 3 E e 000000000000000 F.M. 3029 IpgELIXLT 4XE ROP 01 m pa � wo. §n o °m x w .05 n i r �i e i r3 i l I i Ii I l a� IIIIII 6 IIIIIONIE u �r — ade mph a N o ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ®® UJ z p wg °o i r �i e i r3 i l I i Ii I l a� IIIIII 6 IIIIIONIE U O N ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ® ®® i r �i e i r3 i l I i Ii I l a� O 6 / U O N i r �i e i r3 i l I i Ii I l a� \ { /\ FA, 3029 }\ NZ \ _ !� q3 NVId_sar !� \ { /\ FA, 3029 }\ NZ \ if /H � �» H� » »o \} � 0 \ / ! « } } \ �&Wm Jim | e§ . \i \�\` \�e]L /\ . {\ \ ) se /H � �» H� » »o \} � 0 \ / ! « } } \ �&Wm Jim | e§ . \i \�\` \�e]L /\ . {\ \ ) mmmi�€ r Z m m ¢ _m x w 0 D 000 Z O F w H Z O F ¢ w w a e , E _ E- fi `- E 3`a 3 � y i U Vt 3 _ Z 00 Q 00000000 y TIP0" m m ¢ _m x w 0 D 000 Z O F w H Z O F ¢ w w a ,1- VLy CoPa� c C C C J L0U6d j,gLunN uopegs6ay uuij 6uuaaw &g _ O V - O a r U oazs bus)`uid - "e- - L699L 1 4,Ss £k i z z x 944 all ^S 9N9 y441 o5'MODPL o ui . =aa•�•NU� ti 11nswJ -` w as a z — i of - 5 6 6 9 S ; z _ 3 4 9 of 'C a r3 O v O Q s a 0 L .@ I l CCrC ST [Cl 3 dS BdAQS AL r w arym M1¢ 5 r a J m n � 3 m 1 +. m' a n. `x rE Y ° 5906 M, L4,8Z.0� c ' xr ssvzr s 5 � i aunt a �� All [gippy5g 9� �� <a � YEI3LiCRtl ��' y�re 'm a' m I> 4) O 4> b 5g s. goy r 4— �e a� o �s e x � a � e Gh es o o � �& a� G� 2 p E w r J J Illy 7 `Sn E W <;>kOO 4> 4> I I a E E 1 J /��[ y As 4> II x o� -- - - - - -- ------- - - - - -- �wq nu �� a4 2 O w Z � O w F � w >¢lle ee �Nl i n mjp \ 21 I > \} � � � � \ \ �` : . \ \(� ¥§ w° � • � d #� z : /� ; � � �/#ƒ ° � g! . A§ » � \) m , 29 ` � § � § C2 4 2 :,| 5§ , § � C.3 ZC 2016 -06 Public Hearing and consideration of a request from Icon Consulting Engineers, Inc for a revision to Planned Development 36 (PD -36) located in the 9000 -9100 blocks of North Tarrant Parkway including adjacent parcels on Davis Boulevard and Precinct Line Road. APPROVED Clayton Husband made staff's presentation on the zoning change request for an El Pollo Loco fast casual restaurant. David Gregory, Icon Consulting Engineers, 2840 W Southlake Boulevard, Suite 110, Southlake, presented the project. He stated the developer is requesting additional signage to allow wall signs on all four elevations of the building. He asked if the Commission had any questions about the restaurant, site plan, landscape plan, or building elevations. Clayton Husband summarized the staff report for the zoning change application. He stated the Development Review Committee recommendations include limiting the number of wall signs to two building elevations and requiring the installation of new landscape islands at the south ends of the parking rows on the Walmart site adjacent to the restaurant site. Jerry Tyner asked who is responsible for constructing the landscape islands. Clayton Husband stated the restaurant site is on Walmart property, and staff will work with the developer and Walmart to ensure the islands are constructed if that condition is part of the zoning approval. Chairman Shiflet asked if the developer is proposing any signs along North Tarrant Parkway. Clayton Husband stated the developer is working on a replat of the site that would provide street frontage for utility connections and signage. Chairman Shiflet opened the public hearing at 8:08 p.m. Seeing no one wishing to speak, Chairman Shiflet closed the public hearing at 8:08 p.m. MARK HAYNES MOVED TO APPROVE ZC 2016 -06 SUBJECT TO DEVELOPMENT REVIEW COMMITTEE RECOMMENDATIONS ON WALL SIGNS AND LANDSCAPE ISLANDS, AND FINAL CERTIFICATION OF THE SITE PLAN BY THE DEVELOPMENT REVIEW COMMITTEE RECOMMENDATIONS. DON BOWEN SECONDED THE MOTION. Bill Schopper asked if the wall posters counted as signs. Clayton Comstock clarified that if the poster does not have any commercial message, the poster is considered artwork. Chairman Shiflet asked if the "chicken" at the top left of the building is part of the sign. Clayton Husband stated it is considered part of the sign and counts toward the permitted square feet of sign area for each elevation. Mike Benton asked for clarification as to why signs are limited to only two sides of the building. Clayton Comstock stated that the sign regulations were amended several years ago in response to some projects where many signs were added to the building, which resulted in an evaluation of the wall sign standards. Chairman Shiflet stated that the City Council also acts as the sign review board, and the number of signs allowed on this project would ultimately be decided by their consideration of the zoning change. MOTION TO APPROVE CARRIED 6 -0. ?g1kH NOKTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: June 27, 2016 SUBJECT: Announcements PRESENTER: GENERAL DESCRIPTION: 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. Announcements: City Hall and other non - emergency city offices will be closed on Monday, July 4th in observance of Independence Day. The Library, Animal Adoption & Rescue Center and Tennis Center will also be closed. NRH2O Family Water Park, Iron Horse Golf Course and the NRH Centre will be open. Garbage and recycling will not be collected. Monday collections will be picked up on Tuesday and Tuesday collections will shift to Wednesday. Join us at the Northeast Tarrant Family 4th Celebration on Monday, July 4th. There will be food, fun and entertainment starting at 5 p.m. and a free concert by country music singer Derek Anthony at 8 p.m. The fireworks will begin at approximately 9:30 p.m. Parking is available at 6351 Boulevard 26 and at Wiley G. Thomas Coliseum. You can find more information on our website or by contacting the Northeast Tarrant Chamber of Commerce. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Wesley Dameron, Craig Gardner, Robert Perez, William Pratt, Ethan Smithers and Chris Turner in the Public Works Department. A resident on Lake Side Circle sent a note of thanks for the outstanding service provided by the Public Works crew repairing her street. She stated that she and her neighbors "appreciate the kind and respectful manner of city employees. Great job!"