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Home My WebLink AboutCC 2016-08-08 Agendas IqRH CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, AUGUST 8, 2016 WORK SESSION: 6:00 PM Held in the City Council Work Room CALL TO ORDER 1. Discuss items from regular City Council meeting. 2. Welcome and introduction - public official, public employee or citizen. 3. Update on Board and Commission appointees. EXECUTIVE SESSION The City Council may enter into closed Executive Session as authorized by Chapter 551, Texas Government Code. Executive Session may be held at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the city attorney (551.071) as to the posted subject matter of this City Council meeting. The City Council may confer privately with its attorney to seek legal advice on any matter listed on the agenda or on any matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551, Texas Government Code. 1. Section 551.074: Personnel matters to deliberate the employment, evaluation, and duties of public employees - city attorney. 2. Section 551.072: Deliberate the purchase, exchange, lease or value of real property - (1) 7301 NE Loop 820 and (2) Northwest corner of Davis Boulevard and Main Street. Monday, August 8, 2016 City Council Agenda Page 1 of 4 REGULAR MEETING: Immediately following executive session (but no earlier than 7:00 p.m.) Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - COUNCIL MEMBER WRIGHT OUJESKY A.2 PLEDGE - COUNCIL MEMBER WRIGHT OUJESKY A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) A.4 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the Council, please complete a Public Meeting Appearance Card and present it to the City Secretary prior to the start of the Council meeting. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS B.1 Approve the minutes of the regular July 25, 2016 City Council meeting. C. PUBLIC HEARINGS CA RP 2016-05 Public Hearing and consideration of a request from El Polio Loco for a Replat of Lots 1A1 and 1C, Block 1, Wal-Mart Addition on 24.668 acres located in the 9100 block of North Tarrant Parkway. C.2 SUP 2015-03, Ordinance 3422, Public Hearing and consideration of a request from Dwayne Caraway for a Special Use Permit for a 100 foot Communication Tower located at 8321 Davis Boulevard. D. PLANNING AND DEVELOPMENT E. PUBLIC WORKS E.1 Approve Resolution No. 2016-023, supporting a Municipal Setting Designation (MSD) Application to the Tarrant Commission on Environmental Quality (TCEQ). F. GENERAL ITEMS Monday, August 8, 2016 City Council Agenda Page 2 of 4 F.1 Authorize City Manager to execute a contract with Double D Contracting LLC for construction of a 6' wide sidewalk connecting the Calloway Branch Trail to amenities in Richfield Park in the amount of $69,712. F.2 Setting the dates for the public hearings for the City's FY 2016/2017 Proposed and FY 2015/2016 Revised Budget, the Park and Recreation Facilities Development Corporation FY 2016/2017 Proposed and FY 2015/2016 Revised Budget, the Crime Control and Prevention District FY 2016/2017 Proposed and FY 2015/2016 Revised Budget. F.3 Setting August 22, 2016 and September 12, 2016 as the dates for the Tax Rate Public Hearings and Vote on Placing the Tax Rate Adoption on the Agenda of the September 26, 2016 City Council Meeting. F.4 Consider Resolution No. 2016-024, appointing members to Civil Service Commission, Keep NRH Beautiful Commission, Library Board, Park and Recreation Board, Park and Recreation Facilities Development Corporation, Teen Court Advisory Board and Zoning Board of Adjustment. G. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON WORK SESSION AGENDA H. INFORMATION AND REPORTS - MAYOR PRO TEM WELCH H.1 Announcements I. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, AugusalN,,,�,,,,,,,N, 2016 at 3:00 PM. .�a��R�Cfi(a •'w4� n = Assistant City /iI//i/N/f�1 1111111111 Monday, August 8, 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. REMOVED FROM POSTING BOARD Date: By: Monday, August 8, 2016 City Council Agenda Page 4 of 4 MItH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 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. fgftH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 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. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 2016 SUBJECT: Update on Board and Commission appointees. PRESENTER: Alicia Richardson, City Secretary GENERAL DESCRIPTION: The City Council recently approved an ordinance to address attendance requirements of board members. The percentage of meetings attended by board members was increased from 50 to 75. On July 25, City Council took action on most of their annual appointments. The action was to approve City Council nominees (existing board members)that met the requirement of attending 75% of the board's meetings. The Council agreed that members who did not meet the requirement would be contacted by the Council member who appointed them to determine the reason for absenteeism. Staff was directed to place an item on the August 8 work session to allow Council the opportunity to provide an update on their remaining appointments to various boards, commissions, and committees. CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: July 25, 2016 SUBJECT: Section 551.072: Deliberate the purchase, exchange, lease or value of real property — (1) 7301 NE Loop 820 and (2) Northwest corner of Davis Boulevard and Main Street. PRESENTER: Mark Hindman, City Manager ?g1kH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 2016 SUBJECT: Approve minutes of the July 25, 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 July 25, 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 JULY 25, 2016 WORK SESSION The City Council of the City of North Richland Hills, Texas met in work session on the 25th day of July 2016 at 6:30 p.m. in the City Council Workroom prior to the 7:00 p.m. regular Council meeting. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 Absent: Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Karen Bostic Assistant City Manager Paulette Hartman Assistant City Manager Jimmy Perdue Director of Public Safety Mike Curtis Managing Director Alicia Richardson City Secretary Cara L. White City Attorney CALL TO ORDER Mayor Trevino called the meeting to order at 6:30 p.m. 1. DISCUSS ITEMS FROM REGULAR CITY COUNCIL MEETING. Mayor Trevino informed Council an item on the agenda this evening is to consider the recommendation of Council to appoint members of the public to various boards, commissions, and committees. In light of the recent ordinance approved by Council July 25, 2016 City Council Meeting Minutes Page 1 of 8 regarding attendance, he proposes that Council postpone the reappointment of attendees who have not met the attendance requirement. This will allow Council members the opportunity to visit with their appointees regarding the recently approved ordinance addressing attendance of board members. Appointees are recommended by individual elected officials, which are considered and voted on by the entire City Council. It will be the reponsibility of the elected official to advocate on behalf of their nominees if they do not meet the attendance requirement. He also recommended that City Council postpone action on the Animal Adoption and Rescue Center Advisory Committee appointments until a later date. City Council concurred with considering only those board members who are compliant with the attendance requirement. 2. WELCOME AND INTRODUCTION - PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR CITIZEN. There was no one present to introduce at the meeting. EXECUTIVE SESSION Mayor Trevino announced at 6:34 p.m. that the Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically Section 551.072: deliberate the purchase, exchange, lease or value of real property - northwest corner of Davis Boulevard and Main Street and 551.074: personnel matters to deliberate the employment, evaluation, and duties of public employees - city secretary. Executive Session began at 6:37 p.m. and concluded at 6:50 p.m. Mayor Trevino announced at 6:50 p.m. that Council would convene to the regular City Council meeting. REGULAR MEETING A. CALL TO ORDER Mayor Trevino called the meeting to order July 25, 2016 at 7:00 p.m. Present: Oscar Trevino Mayor Tim Welch Mayor Pro Tern Tito Rodriguez Council, Place 1 Tom Lombard Council, Place 3 Tim Barth Council, Place 4 Scott Turnage Council, Place 6 July 25, 2016 City Council Meeting Minutes Page 2 of 8 Absent: Rita Wright Oujesky Council, Place 2 David Whitson Council, Place 5 Staff Members: Mark Hindman City Manager Alicia Richardson City Secretary Cara L. White City Attorney A.1 INVOCATION Council member Rodriguez gave the invocation. A.2 PLEDGE Council member Rodriguez led the pledge of allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S) AND RECOGNITION(S) There were no items for this category. 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 RODRIGUEZ SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. 13.1 APPROVE MINUTES OF THE JULY 11, 2016 REGULAR CITY COUNCIL MEETING. 13.2 CONSIDER RESOLUTION NO. 2016-021, UPDATING AUTHORIZED INVESTMENT OFFICERS FOR THE CITY OF NORTH RICHLAND HILLS. July 25, 2016 City Council Meeting Minutes Page 3 of 8 C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. F. GENERAL ITEMS F.1 CONSIDER A CHANGE ORDER TO THE RUFE SNOW DRIVE (KAREN TO LOOP 820) PROJECT WITH JLB CONTRACTING, LLC IN THE AMOUNT OF $139,219.40 AND APPROVE THE ATTACHED BUDGET REVISIONS. APPROVED City Engineer Caroline Waggoner informed Council the purpose of the change order provides for: (1) pavement over existing gas pipelines and (2) additional signal components and median revisions for a fourth signal leg at Meadow Lakes. COUNCIL MEMBER RODRIGUEZ MOVED TO APPROVE A CHANGE ORDER TO THE RUFE SNOW DRIVE (KAREN TO LOOP 820) PROJECT IN THE AMOUNT OF $139,219.40 AND APPROVE THE ATTACHED BUDGET REVISIONS. COUNCIL MEMBER LOMBARD SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. F.2 CONSIDER RESOLUTION NO. 2016-022, APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES. APPROVED City Secretary Alicia Richardson informed Council the resolution before them this evening is to discuss and consider nominees to the various boards, commissions, and committees. The following nominees were submitted by Mayor Trevino and Council members Wright Oujesky, Barth and Turnage. Due to a vacancy on Keep NRH Beautiful Commission, Mayor Pro Tern Welch forwarded a recommendation to July 25, 2016 City Council Meeting Minutes Page 4 of 8 Place 7. The following citizens are recommended for appointment: Keep North Richland Hills Beautiful Commission Amy Steele, Place 2, term expiring June 30, 2018 Doris Tipps, Place 4, term expiring June 30, 2018 Kathy Luppy, Place 6, term expiring June 30, 2018 *Deborah Johnson, Place 7, term expiring June 30, 2017 (*Fulfill an unexpired term) Board of Adjustment Fonda Kunkle, Place 4, term expiring June 30, 2018 Bill Gibbs, Place 6, term expiring June 30, 2018 Library Board Donna Stallard, Place 6, term expiring June 30, 2018 Holly Mitchell, Alternate, term expiring June 30, 2018 Park and Recreation Board Dianne Spradling, Place 6, term expiring June 30, 2018 Planning & Zoning Commission and Capital Improvement Advisory Committee Mike Benton, Place 2, term expiring June 30, 2018 Randy Shiflet, Place 4, term expiring June 30, 2018 William Schopper, Place 6, term expiring June 30, 2018 Gerald (Jerry) Tyner, Ex Officio, term expiring June 30, 2018 Substandard Building Board Thomas Moreau, Place 2, term expiring June 30, 2018 Thomas Osen, Place 4, term expiring June 30, 2018 Brian Crowson, Place 6, term expiring June 30, 2018 Construction Code Board of Appeals Kurt Cameron, local builder, Place 2, term expiring June 30, 2018 July 25, 2016 City Council Meeting Minutes Page 5 of 8 Lynn Motheral, local builder, Place 4, term expiring June 30, 2018 Lloyd Robinson, local builder, Place 6, term expiring June 30, 2018 Civil Service Commission Sally Bustamante, Position 1, term expiring June 30, 2017 Brent Barrow, Ex Officio, term expiring June 30, 2018 Parks and Recreation Facilities Development Corporation Tim Welch, Council Member Director, term expiring May 30, 2018 Suzy Compton, Citizen Member Director, term expiring May 30, 2018 Red Light Camera Advisory Committee Jim Bowen, Mayor Appointee, term expiring June 30, 2018 Bob McCary Council, Place 1 Appointee, term expiring June 30, 2018 Richard Scott Wood, Council, Place 2 Appointee, term expiring June 30, 2018 Charlie Ott, Council, Place 3 Appointee, term expiring June 30, 2018 Steve Koons, Council, Place 4 Appointee, term expiring June 30, 2018 Gerald Tyner, Council, Place 5 Appointee, term expiring June 30, 2018 Pam Hansen, Council, Place 6 Appointee, term expiring June 30, 2018 Karen Williams, Council, Place 7 Appointee, term expiring June 30, 2018 Mayor Trevino commented that he would prefer Council postpone action on the Animal Adoption and Rescue Center to a later time. He also asked that Council consider appointing a different member of the City Council to the Parks and Recreation Facilities Development Corporation. COUNCIL MEMBER LOMBARD MOVED TO APPROVE RESOLUTION NO. 2016-022, AS DISCUSSED FOR CERTAIN PLACES, WITH THE REMAINING APPOINTMENTS BEING POSTPONED UNTIL A LATER TIME AND APPOINTING MAYOR PRO TEM WELCH TO SERVE ON THE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION. COUNCIL MEMBER TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. July 25, 2016 City Council Meeting Minutes Page 6 of 8 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 pursuant to Section 551.074: personnel matters to deliberate the employment, evaluation, and duties of public employees - city secretary. COUNCIL MEMBER TURNAGE MOVED TO APPROVE THE SECOND AMENDMENT TO EMPLOYMENT CONTRACT WITH CITY OF NORTH RICHLAND HILLS AND ALICIA RICHARDSON. MAYOR PRO TEM WELCH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. H. INFORMATION AND REPORTS H.1 ANNOUNCEMENTS Council member Lombard made the following announcements. The Perot Museum's TECH Truck will visit the NRH Public Library this Tuesday, July 26, 2016 from 4:00 p.m. to 6:00 p.m. Kids age five and up are invited to create and explore science, technology, engineering, art and math. Please contact the Library for more details. The Library also invites kids entering grades 6 through 12 to celebrate the release of the newest Harry Potter book this Friday, July 29. The Harry Potter themed activities will take place between 3:00 p.m. and 5:00 p.m. Please contact the Library for more details. Registration begins August 1 for fall adult softball, basketball and kickball leagues. You can get more information and sign up at the NRH Centre or by visiting their website. Kudos Korner - Carlos Escoto, Jeremy Robinson and Chris Robinson with Republic Waste Services - A resident called to express her appreciation for the crew that collects garbage in her neighborhood. She and her husband were trimming limbs in July 25, 2016 City Council Meeting Minutes Page 7 of 8 their yard. Jeremy saw that her husband was struggling with a larger branch and without prompting he took the clippers, trimmed the limbs and threw them in the garbage truck. He smiled and waved as they drove off. The resident wanted Jeremy and his coworkers to know the extent of her gratitude. I. ADJOURNMENT Mayor Trevino adjourned the meeting at 7:28 p.m. Oscar Trevino, Mayor Attest: Alicia Richardson, City Secretary July 25, 2016 City Council Meeting Minutes Page 8 of 8 fgftH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 2016 SUBJECT: RP 2016-05 Public Hearing and consideration of a request from El Polio Loco for a Replat of Lots 1A1 and 1C, Block 1, Walmart Addition, on 24.668 acres located in the 9100 block of North Tarrant Parkway. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of Walmart Real Estate Business Trust, El Polio Loco is requesting approval of a repiat of Lots 1A1 and 1C, Block 1 , Walmart Addition. This 24.668-acre lot is located on the north side of North Tarrant Parkway between Davis Boulevard and Precinct Line Road. The plat is complete and meets the requirements of the zoning ordinance and subdivision regulations. GENERAL DESCRIPTION: The site is developed as a Walmart Supercenter. The southwest corner of the lot is proposed to be developed as a pad site for an El Polio Loco restaurant. The proposed repiat is intended to create two commercial lots so that each building is located on a separate parcel. Access easements are in place to allow both lots to have access to the existing driveways on the Walmart property. The zoning and site plan for the restaurant were approved by City Council on June 22, 2016. 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. THOROUGHFARE PLAN: The development has frontage on North Tarrant Parkway, which is classified as a P6D Principal Arterial and being a six-lane divided roadway with a variable width ultimate right-of-way. The existing right-of-way for North Tarrant Parkway is 200 feet at this location. Right-of-way dedication is not required on this repiat. 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 other ?g1kH NORTH KICHL,AND HILLS development. The original zoning was approved in 2001. It has been amended eight times to accommodate development of two retail centers, a gasoline facility, a bank (Woodforest National Bank), and four restaurants (Jack in the Box, Slim Chickens, Arby's, and El Polio Loco). 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 and retail uses PLAT STATUS: The property is currently platted as Lot 1A, Block 1, Walmart Addition. The proposed plat would subdivide the property into two commercial lots. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered this item at their July 21, 2016, meeting, and voted 5-0 to recommend approval. An excerpt from the meeting minutes is attached. RECOMMENDATION: Approve RP 2016-05. PN aui-1 IOUIOOad 3 a ca s 0 z �O r U1) rrr I wl Lot 1 Al r rci l r•.'r �i� rrr,i r(/%/ � ��j/�� rii 'l1��/� �j f�t�� 111 %�,/�,, /�/// � ,,; l� lII^ ,✓ �� //r'� ��//err,� � � ) North Tarrant Pkwy j �"" °�� Sz ii k : U> � � L � i V - �• ° ° -• 3 c��€ F� a=k FF z ., 1 # ; a s _____ a " E s k f y s 3 E E 6 c fi mo,INIII IL,11,4Y l s e i g d s9 1V sssas Ias HE'$ — ro.' i E E { p D.1 RP 2016-05 CONSIDERATION OF A REQUEST FROM EL POLLO LOCO FOR A REPLAT OF LOTS 1A1 AND 1C, BLOCK 1, WAL-MART ADDITION ON 24.668 ACRES LOCATED IN THE 9100 BLOCK OF NORTH TARRANT PARKWAY. APPROVED Principal Planner Clayton Husband introduced the replat request. David Gregory with Icon Consulting Engineers, 2840 W. Southlake Boulevard, Suite 110, Southlake, TX 76092, came forward to present the request. Mr. Gregory provided details on the replat case and was available to answer any questions. Principal Planner Husband presented the staff report and stated that the replat was recommended for approval. COMMISSIONER COOPER MOVED TO APPROVE RP 2016-05. COMMISSIONER HAYNES SECONDED THE MOTION. MOTION TO APPROVE CARRIED 5-0. MItH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 2016 SUBJECT: SUP 2015-03, Ordinance No. 3422, Public Hearing and consideration of a request from Dwayne Caraway for a Special Use Permit for a 100-foot Communication Tower located at 8321 Davis Boulevard. PRESENTER: Clayton Husband, Principal Planner SUMMARY: On behalf of H.W. and Brenda Gilbreath, Dwayne Caraway is requesting a special use permit (SUP) for a 100-foot tall monopole communications tower facility. The proposed site is located at 8821 Davis Boulevard. GENERAL DESCRIPTION: The zoning ordinance requires approval of an SUP for any communications tower over 45 feet in height. Communication towers are permitted by SUP in all nonresidential zoning districts. The zoning ordinance also includes regulations and standards for communication towers. These standards are intended to minimize the adverse visual effect of the towers, provide careful siting of tower structures, and maximize the opportunities for co-location of multiple service providers. The wireless provider associated with this application is Verizon Wireless. A complete site plan package for the proposed tower is attached. The total property is 2.17 acres in size, but the lease area for the communication tower is a 2,500-square-foot located at the rear of the property. Planned improvements to the site include a 100-foot tower with associated equipment, a masonry wall enclosure around the lease area, a new drive approach on Davis Boulevard, and landscaping around the drive approach and pad site enclosure. The tower includes a one-foot lightning rod, bringing the total overall height to 101 feet. The tower and lease area are also designed to accommodate antennae and equipment for two additional wireless carriers. Section 118-768(b) of the zoning ordinance requires that tower locations conform to the adopted Communication Tower Buffer Zone Map. These standards require a 300-foot buffer from residentially zoned property, a 150-foot buffer from arterial streets and commuter rail lines, and a 1,500-foot buffer from another communication tower. The location of the proposed tower satisfies these setbacks, as shown in the map below. The green areas represent locations that conform to the setback standards. MRH NORTH KICHL,AND HILLS r p WJO � 1 1 Y I �wr l r, F � i � z Due to the tower's proposed location near a public park and residential areas, the Development Review Committee requested that the application provide visualizations showing how the area would appear after the construction of the tower. The images provided by the applicant are attached. Applications for special use permits provide an opportunity to address modifications to specific development standards for the site and consider reasonable conditions on the operation, location, arrangement, and manner of construction. A requested modification to the standards is described in more detail below. All other development standards for communication towers have been satisfied. Tower setback The applicant is requesting a waiver of the required tower setback on the west side of the property. The standards require that the tower be located in such a manner that if the structure should fall along its longest dimension it will remain within the property boundaries and avoid habitable structures and streets. Based on the proposed tower height, the required setback from all property lines is 100 feet. The tower location meets this standard on all sides except for the west property line. The applicant is requesting a setback of 13 feet on the west side. The adjacent property is located in a flood plain, and there are no habitable structures or streets within 100 feet of tower. In addition, the lease area was selected to lessen the effect of the tower location on the future development of the site. The DRC finds the modified setback acceptable. ?g1kH NORTH KICHL,AND HILLS COMPREHENSIVE PLAN: This area is designated on the Comprehensive Land Use Plan as "Office." This designation is intended to permit professional and organizational offices with accessory and related uses. CURRENT ZONING: The property is currently zoned AG Agricultural. The purpose of the AG district is to preserve lands best suited for agricultural use from encroachment of incompatible uses, and to preserve land suited to eventual development into other uses pending proper timing for practical economical provision of utilities, streets, schools, and other facilities so that reasonable development may occur. PROPOSED ZONING: The applicant is requesting a special use permit for a communication tower over 45 feet in height. A change in the base zoning of Agricultural is not requested or required. SURROUNDING ZONING I LAND USE: North: AG Agricultural I Office West: C-1 Commercial and R-2 Single Family Residential I Parks-Open Space South: C-1 Commercial I Office East: AG Agricultural I Office PLAT STATUS: The property is currently unplatted. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission held a public hearing and considered this item at their July 21, 2016, meeting, and voted 5-0 to recommend approval, subject to a minimum setback of thirteen feet from the west property line and the owner providing access easement to the adjacent properties to the north and south of the subject site. An excerpt from the meeting minutes is attached. RECOMMENDATION: Approve SUP 2015-03, subject to a minimum setback of thirteen feet from the west property line and the owner providing access easement to the adjacent properties to the north and south of the subject site. North Tarrant Pkw 0 0 `tea 0 o 0 P posed �. to ation her of ower bide Dr C , r . . � w. r � � e � _ ° d . � . �� d : , , » � : � \ ? � \ � �\:.� > y�\ y , \� / �y ��y�� < , y < � yy y< \ . r >:/ , y. ) :� > r : » � . x � :i 2 § 2 : �< y�\±% : . , . ) ° � / \ » z � \ ` : > y . . � . < , >/ y \A « ^ �\�\ «« : ®" °\ �. ��2 � � © i �< < » � , < , �° ° 2 �� , ��\\ /§9 \�� / � ~ D % �. � < E . > � a : / � � / �'�� y i . � � . » � � l�Gley O&k)D( / $ \ ® . � � � ' � < � { \ « � ° » �z � , � � \� \ ^ ��\ � ^ - � / , � \ � � � � © « : � } o . < ,: . �� , ! »/ : , ? . � , �� Lo NOTICE OF PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS s}:. PLANNING AND ZONING COMMISSION TExPS AND CITY COUNCIL Case Number: SUP 2015-03 Applicant: Dwayne Caraway Location: 8321 Davis Boulevard 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 Dwayne Caraway for a Special Use Permit for a 100 foot Communication Tower located at 8321 Davis Boulevard. Public Hearing Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION 7:00 PM THURSDAY, JULY 21, 2016 CITY COUNCIL 7:00 PM MONDAY, AUGUST 8, 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 JOHNSON RUSSELL E J &J NRH 100 FLP GILBREATH WAYNE 8305 FOREST GLEN 700 W HARWOOD RD STE A 8212 SAYERS LN NRH TX 76182 HURST TX 76054 FORT WORTH TX 76182-7305 GILBREATH H W TUBB L C JR TUBB L C JR 8212 SAYERS LN PO BOX 161609 8333 DAVIS BLVD FORT WORTH TX 76182-7305 FORT WORTH TX 76161-1609 NRH TX 76182-8906 L C T PROPERTIES ROWBOTTOM MICHAEL Keller Independent School District Attention:ATTN L C TUBB JR ROWBOTTOM SHARON Attn: Hudson Huff PO BOX 161639 8800 THORNBRIDGE DR 350 Keller Parkway FORT WORTH TX 76161-1639 NRH TX 76182-8614 Keller, TX 76244 ORDINANCE NO. 3422 SUP 2016-01 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AMENDING THE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS BY APPROVING A SPECIAL USE PERMIT TO AUTHORIZE CONSTRUCTION OF A COMMUNICATION TOWER TO BE LOCATED AT 8321 DAVIS BOULEVARD; 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 Zoning Ordinance of the City of North Richland Hills requires the issuance of a Special Use Permit for the construction of a communication tower over forty-five feet in height; and WHEREAS, the owner of the property located at 8321 Davis Boulevard has filed an application for a Special Use Permit to allow a 100-foot communication tower on said property; and WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas held a public hearing on July 21, 2016, and the City Council of the City of North Richland Hills, Texas, held a public hearing on August 8, 2016 with respect to the Special Use Permit 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 approval of a Special Use Permit on 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 Ordinance 3422 Page 1 of 4 zoning as set forth in the Zoning Ordinance of the City of North Richland Hills and that the Special Use Permit 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 is hereby amended by approving a special use permit to authorize a communication tower to be constructed on a tract of land within the S. Richardson Survey, Abstract No. 1266, North Richland Hills, Tarrant County, Texas, commonly referred to as 8321 Davis Boulevard and more specifically described by metes and bounds on Exhibit "A," attached hereto and incorporated herein for all purposes. Section 2: The City Council finds that the information submitted by the applicant pursuant to the requirements of the Zoning Ordinance is sufficient to approve the Special Use Permit in accordance with the requirements hereof, and the site plan attached hereto as Exhibit "B" and incorporated herein for all purposes, subject to the following conditions: 1. Modified Setback Requirement. A minimum setback of thirteen (13) feet from the West property line is permitted. The setback back from the North, South and East property lines shall be as required in the Zoning Ordinance. 2. Access Easement. The property owner must provide access easements to the adjacent properties on the north and south sides of the subject property. Section 3: That the official 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 special use permit, as set forth above. Section 4: 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 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. Ordinance 3422 Page 2 of 4 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 ($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 8th day of August, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor Ordinance 3422 Page 3 of 4 ATTEST: Monica Solko, Assistant City Secretary Approved as to form and legality: Cara Leahy White, Assistant City Attorney Approved as to content: Clayton Comstock, Planning Manager Ordinance 3422 Page 4 of 4 PARENT TRACT (by deed recorded in Volume 6272, Page 17, Deed Records, Tarrant County, Texas) All that tract or parcel of land out of the S. Richardson Survey, Abstract 1266, Tarrant County, Texas, and being further described by metes and bounds as follows: COMMENCING at a point called to be 3800 feet West and 484.7 feet South of the Northeast corner of S. Richardson Survey, said point being the Northwest corner of a tract deeded to C.C. Gilbreath as recorded in Volume 2675, Page 342, Deed Records, Tarrant County, Texas; THENCE South 0 degrees 18 minutes West 107.0 feet to the POINT OF BEGINNING of the Herein Described Tract; THENCE South 82 degrees 35 minutes East 378.9 feet to a set steel rod in the westerly right of way line of Davis Boulevard (F. M. Road #1938); THENCE South 30 degrees 40 minutes West along said right of way of Davis Boulevard 84.0 feet to a steel rod; THENCE South 88 degrees 42 minutes West with fence line 333.5 feet to a steel rod; THENCE North 0 degrees 18 minutes East 127.0 feet to the place of beginning and containing 0.82 acres of land, more or less. PARENT TRACT (by deed recorded in Volume 11990, Page 2081 , Deed Records, Tarrant County, Texas) All that certain tract or parcel of land out of the S. Richardson Survey, Abstract 1266, Tarrant County, Texas, and being further described by metes and bounds as follows: COMMENCING at a point called to be 3800 feet West and 484.7 feet South of the Northeast corner of S. Richardson Survey, said point being the Northwest corner of a tract deeded to C.C. Gilbreath as recorded in Volume 2675, Page 342, Deed Records, Tarrant County, Texas; THENCE North 88 degrees 42 minutes East with the fence and the north line of said Gilbreath tract 473.0 feet to a fence post in the Westerly right—of—way line of Davis Boulevard (F.M. 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S j N N`T $ 'GA-19 SIAVO IZE8 NOLLVNOd2IOD'SM01 NVDMI MV a € o w o°opw€a J V 5z LL I( . €a 6 y6 n b °o Jo o ff` 2 P <� <a i�4 p 9 m y a m N T o o L � a 3a � IY• 3— '0 YVv ogSl�bO o e rMAIL rca zEi 00 0 Ld �a zw boo ° o °gam omooo Z�ULL a Z o�z13 is A U� WU U ow i �rc aW w f Ell / ; �. : » ( \ mmsm ; February 16,2016 David Greer,P.E. (220)Review Bannister Engineering, LLC 10-REV-22-16 240 N. Mitchell Road FM 1938 Control 1978 Section 1 Mansfield,Texas 76063 REFERENCE: AMERICAN TOWER CORPORATION 2nd REVISED CONCEPT PLAN REVIEW COMMENTS FM 1938(West Right of Way)approximately 2,000'South of North Tarrant Parkway North Richland Hills,Texas Dear Mr.Greer: The Texas Department of Transportation, North Tarrant County Area Office and the District Access Management Committee have reviewed the 2nd Revised Concept Plans for the project at the above-mentioned location in North Richland Hills, Texas. They offer the following comments. This office has reviewed the Concept Permit plan at the above mentioned location and presented the variance request to the Access Management Committee on 2/10/16. The committee approved the variance request as submitted. Please submit the permit application as per the permit guidelines for further review and approval. If you have any questions concerning this review, please contact our office at (817)399-4306. Please remit 4 hard copy sets of fully developed permit plan in 11 x 17 format,prepared in accordance with the attached Permit Plan Guidelines, to facilitate further review and consideration of the requested permit. I 6iix mw; n �/,i MP dpi! 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NMI mg dry ��% 4 ' All 0/' i i t �/ f IIUllUl11D7 i %' a v CA SUP 2015-03 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM DWAYNE CARAWAY FOR A SPECIAL USE PERMIT FOR A 100 FOOT COMMUNICATION TOWER LOCATED AT 8321 DAVIS BOULEVARD. APPROVED Principal Planner Clayton Husband introduced the Special Use Permit request. Chairman Randall Shiflet opened the public hearing. Applicant Dwayne Caraway, 10717 Plano Road, Suite 200, Dallas, TX 75238, came forward to present the request. Chairman Shiflet asked the applicant to describe the need for the tower. Mr. Caraway explained that American Tower will develop the tower and he showed the current and proposed coverage maps. He also discussed how the tower will be built for multiple carriers. Commissioner Steven Cooper asked if the tower is located in the flood plain area. Mr. Caraway responded that the actual compound is not located within the flood plain. Principle Planner Clayton Husband presented the staff report. Chairman Shiflet called for anyone wishing to speak for or against the request to come forward. There being no one wishing to speak, Chairman Shiflet closed the public hearing. COMMISSIONER BOWEN MOVED TO APPROVE SUP 2015-03 SUBJECT TO ALLOWING THE MODIFIED SETBACK ON THE WEST SIDE OF THE PROPERTY AND THAT THE APPLICANT PROVIDE EASEMENT DOCUMENTS TO PROVIDE FOR ACCESS TO THE NORTH AND SOUTH ADJACENT PROPERTIES. COMMISSIONER HAYNES SECONDEDTHE MOTION. MOTION TO APPROVE CARRIED 5-0. MItH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM From: The Office of the City Manager Date: August 8, 2016 Subject: Approve Resolution No. 2016-023 supporting a Municipal Setting Designation (MSD) Application to the Tarrant Commission on Environmental Quality (TCEQ). Presenter: Mike Curtis, Managing Director Summary: Council is being requested to approve a resolution supporting the application to Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation (MSD) on the property located at 600 North Beach Street, Fort Worth, Texas. General Description: This agenda item is to approve Resolution No. 2016-023 supporting an application of Industrial Power LLC to the Texas Commission on Environmental Quality (TCEQ) for the property located at 600 North Beach Street, Fort Worth, Texas. In 2003, the 78th Texas Legislature passed a Municipal Setting Designations (MSD) law that relates to potable groundwater and the requirements for removing contaminants from groundwater. The law authorized the TCEQ to receive, process and then certify MSD applications for properties within contaminated groundwater. The goal of this law is to reduce corrective action requirements and associated costs for clean-up of contaminated groundwater that is not used as a potable water supply and is not likely to be used in the future. Industrial Power LLC is trying to obtain TCEQ approval for a MSD for property located at 600 North Beach Street, Fort Worth, Texas. The City of Fort Worth passed an ordinance on April 19, 2016 prohibiting the use of groundwater for potable purposes at the designated property. The application to the TCEQ will need to include resolutions from cities located within a 5-mile radius of the MSD property indicating support of the MSD. The City has the choice to either support or not support the MSD application. Staff has reviewed the technical aspects of the application. Staff would recommend support of the resolution for the following reasons. 1. Based on the on-site groundwater investigation, the on-site shallow groundwater flow direction is towards southeast, away from North Richland Hills. In addition, the depth of on-site shallow groundwater encountered at the property is approximately 20 feet below the ground surface. The NRH water wells are IqRH located approximately 2.5 miles northeast of the subject property with well depths of ranging from 665 to 1,485 feet. 2. Considering the NRH water wells are located up-gradient to the subject property as well as the water well depths, the potential impact of the chemicals detected in the on-site shallow groundwater in NRH water wells is unlikely. 3. The contaminated groundwater is shallow and appears to be separated from another underlying body of deeper groundwater by a confining layer of rock. Therefore it does not threaten the deeper aquifers. 4. The only water wells located in NRH which fall into the 5 mile radius are either irrigation wells (at the golf course) or water wells that have been plugged and are no longer in use. Representatives for the applicant will be present at the Council Meeting to address any questions Council may have. Recommendation: Approve Resolution No. 2016-023. RESOLUTION NO. 2016-023 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 600 NORTH BEACH STREET, FORT WORTH, TEXAS. WHEREAS, on April 19, 2016 the City Council of the City of Fort Worth, Texas, approved Resolution number 4620-04-2016 and Ordinance No. 22176-04-2016, prohibiting the use of shallow groundwater for potable purposes at 600 North Beach Street, Texas; and WHEREAS, the City Council of the City of Fort Worth, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts Industrial Power LLC ("Applicant'), to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicants have filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; and WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicants have continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. SECTION 2. Supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 8th day of August, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Monica Solko, Assistant City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director A Resolution NO. 4620-04-2016 IN SiIPPOia OF THE APPLICATION OF INDUSTRIAL POWER LLC TO THE TF.'XAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR 600 NORTH BEACH STREET,FORT WORTH,TEXAS WHEREAS, Industrial Power LLC (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the site known as 600 North Beach Street, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit"A" (Site), and map of same being attached hereto as Exhibit"I3" (Site Map), to the Texas Commission on Environmental Quality; and WHEREAS, a public meeting on the application for support was held in Fort Worth on March 31,2016, and a public hearing was held in Fort Worth on April 19, 2016, and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS, an approved public drinking water supply system exists that supplies or is capable of supplying drinking water to the Site and to locations within one-half mile of the Site; and WHEREAS,Applicant has filed documentation with the city stating that contaminants identified within the designated groundwater, associated with historical uses of the Site,that have been detected in concentrations exceeding residential assessment levels for potable use include arsenic, lead, cis-1,2- dichloroethene,tetrachloroethene,trichloroethene, and pentaehlorophenol; and WHEREAS, Applicant has further filed documentation with the city stating that this contamination is contained within the shallow,perched groundwater beneath the Site; and WHEREAS, the City of Fort Worth,by ordinance, shall,upon adoption of this ordinance, prohibit the use of designated groundwater beneath the Site for potable pwposes as well as for irrigation; and WHEREAS,upon passage of this supporting resolution by the City Council, Applicant intends to fle an application with the Texas Commission on Environmental Quality for certification of a Municipal Setting Designation for the Site pursuant to Texas Flealth and Safety Code, Chapter 361, Subchapter W; and WHEREAS,Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WIIEREAS, the certification of a Municipal.Setting Designation for the Site is in the best interests of the corrununity, ORTWORT "u^ti NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF FORT WORTH, TEXAS: That the City of Fort Worth City Council supports Applicant's request to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site described in Exhibit A and B. The property for which designation is sought is subject to an ordinance that prohibits the use of designated groundwater from beneath the property as potable water and that appropriately restricts other uses of and contact with that groundwater. Adopted this lath day of ApriL 2016. �© opn OOpppp� �A� ATTE ST: o o p0 O X J ;- Mary ,� s� , Cy Secretary llF�4^j �arw�aTl EXHIBIT A TRACT 1 Being a 0.98 acre tract of land situated In the Richard Crowley Survey, Abstract Number 1636 and the William Bussell Survey, Abstract Number 151,located In the City of Fort Worth, Tarrant County, Texas, being all of Lots 3,4,5,13,14, and 15,Block 2, Wiesenberger Addition, on addition to the City of Fort Worth, recorded In Volume 388-1 A, Page 120, Plat Records of Tarrant County, Texas (P.R.T'.C.T.), said 0,98 acre tract being more particularly described as follows; BEGINNING at a point at the northwest corner of said Lot 3, Block 2, turd on the south right-of-way line of White Settlement Rood (70 feet wide); THENCE North 89 degrees 30 minutes East,with the said south right-of-way line of White Settlement Road, a distance of 150 feet to a point for corner at the northeast corner of said Lot 5, Block 2; THENCE South 00 degrees 30 minutes East, with the east line of said Lot 5, Block 2,passing at of distance of 142 feet the southeast comer of said Lot 5, Block 2 and the northeast corner of said Lot 15, Block 2, continuing with the east line of'said Lot 15, Block 2, a total distance of 284 feet to a point for comer at the southeast corner of said Lot 15,Block 2 and on the north right-of-way line of Whitmore Street(60 feet wide); TIIENCE South 89 degrees 30 minutes West with the said north right-ofway line of Whitmore Street, a distance of 150 feet to a point for corner at the southwest corner of said Lot 13, Block 2; THENCE North 00 degrees 30 minutes West, with the west line of said Lot 13, Block 2,passing at a distance of 142 feet the northwest corner of said Lot 13, Block 2 and the southwest corner of said Lot 3, Block 2, continuing with the west line of said Lot 3, Block 2,a total distance of 284 feet to the POINT OF BEGINNING and containing 098 acres, or 42,600 square feet of land, more or less. TRACT 2 Being a 1.14 acre tract of land situated in the Richard Crowley Survey, Abstract Number 1.636 and the William Bussell Survey, AbstractNumber 151, located in the City of Fort Worth, Tarrant County, Texas, being all of Lots 3,4,5,6,7,15 and 16,Block 7, Wiesenberger Addition, an addition to the C'i'ty of hFort Worth, recorded in Volume 388-IA, Page 120, Plat Records of Tarrant County, Texas (P.R.T'.C.T.), said 1.14 acre tract being more particularly described as follows; BEGINNING at a point at the northwest corner of said Lot 3, Block 7, and on the south right-of-way line of Whitmore Road (60 feet wide); THENCE North 89 degrees 30 minutes East, with the said south right-of way line of Whitmore Road, a distance of 250 feet to a point for comer at the northeast corner of said Lot 7, Block 7; THENCE South 00 degrees 30 minutes East,with the east line of said Lot 7, Block 7, a distance of 142 feet to a point for corner at the southeast corner of said Lot 7,Block 7; THENCE South 89 degrees 30 minutes West,with the south line of said Lot 7, Blocic 7, a distance of 50 feet to a point for corner at the common corner of said Lot 6, 7, and 16, Block 7; THENCE South 00 degrees 30 minutes East, with the east line of said Lot 16,Block 7, a.distance of RTORTWO T H 142 feet to a point for corner at the southeast corner of said Lot 16, Block 7 and on the north right-of= way line of Wiesenberger Street(60 feet wide); THENCE South 89 degrees 30 minutes West with the said north right-of-way line of Wiesenberger Street, a distance of 100 feet to a point for corner at the southwest comer of said Lot 15,Block 7; THENCE North 00 degrees 30 minutes West, with the west line of said Lot 15,Block 7, a distance of 142 feet to a point for corner at the common corner of said Lot 4, 5, and 15, Block 7; THENCE South 89 degrees 30.minutes West, with the south line of said Lot 4, Block 7,passing at a distance of 50 feet the southwest corner of said Lot 4,Block 7 and the southeast corner of said Lot 3, Block 7, continuing with the south line of said Lot 3,Block 7, a total distance of 100 feet to a point for corner at the southwest corner of said Lot 3, Block 7; THENCE North 00 degrees 30 minutes West, with the west line of said Lot 3, Block 7, a distance of 142 feet to the POINT OF BEGINNING and containing 1 .14 acres, or 49,700 square feet of land, more or less. ORTWO T L' EXHIBIT B "ItANICC --_ Haltom City AtA1NA diyL IIUNEYfi4IfIN1=E —fiOMIS'—. ( o ut � u YUCCA ttAkY�- 06, _ F E WY£�f10 !II4G 1� �• S Wi�ee3in q �.r EIAI(I AID ' �� \ � P1f t` OIItD. q —IdY'_ 1/y Mf q 'fAlll ppW/ YJ �_fAAUNILf`^- yf ♦RYOPys r.ly'.'m J J( tl 1 �YACv _ cc 3— GURU. I „tpt�V _vyV m-KING UAY.I -P—"CONWAY ""_. Fo t± V V o tl I CCs y5�- �i AV51'N' GODDANP O 6 i 416MOPE � _(III AGO- IV V . e o.zs os sn c etl AASD w Mllet ti. MAP ;-'74 W! 7 fort Worth h PROPOSED ® pt-oposed MSD FORTWORTIL Fortner Panther Chemical Company — MunicipalSettingDesignation Pok Worth cone coMrtauvca ~� ORT WORT .� ?0 AERNICE "-'---' o Haltom City ERMIS— I CATALPA—' y�oHONEYSUCKLE z o 0 00 I j �MCNUTT--�o r— — MARIGOLD MCNUTT 0 aYQ y ? S � z o ? G PRIMROSE 0 vsi_.......__.r�PARRISH � w M � YUCCA " . w z z .. ww ,„Lti CLARY i �3 Zs� WHEELER 0r�j�r� �r�r rirt irir rt wi .WHEELER .°t z D A FORD \ x ti "E751E til Nay 1 BIRD' I—rOH STPyE n. u0ai j fAIN-00 00 MAURICE �' w /�� 0 3 s 099 o w 0 5 RACEy1 w s �yEN m 0 z qADEAN'Jl aw 4y. NOD LE� KING OAKS I t z z CONWAY— Fort .Worth s � r i GO AUSTIN' DOARD O GWORE� u O "-15T 0 o w ! 9CHENAULT z ! a CHENAULT--� 4 0 0 4TH w 0 0-_ GA4VE2 0 I m t7 D w u D 0.25 o.s SITE * Proposed MSD Miles MAP t Fort Korth PROPOSED ® Proposed MSD FpR—. Rrw Former Panther Chemical Company Municipal Setting Designation ;......p Fort Worth CODE COMPLIANCE � � | C � �� v� «vv vu^vu Worth, Texas Mayor � � �~�Communication ` N�N�`�� 0 ��/��N � ��^�� Qo�� ~~~�ml� ��m m�umm�� =� ��mxv�pm ~ ~� n�'mnmxmm �wmwmn�`m�x°mn*pwm � COUNCIL ACTION: Approved 8m4/ 913816 - Resolution No. 4G20-U4.2Q1G0 Ordinance No. 22176-04~2016 | | | DATE: Tuesday, April 19. 2016 REFERENCE NO.: {-18723 � LOG NAME: 23[NSD FOR INDUSTRIAL POWER, LLC FOR USE AS PARKING FOR TRUCKS | � SB}f�8EI�[: � Conduct Public Hearing, Adopt Res |uh nSupporting Industrial Power, LLC/p Application to the Texas Commission an Environmental Quality for a Municipal Setting Designation for the Property Located at 600 North Beach Street and Adopt an Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 4) RECOMMENDATION: � |tio recommended that the City Council: 1. Conduct o public hearing Lo allow the public the opportunity to give testimony regarding Industrial � Power, LI-C's application for approval of a Municipal Setting Designation for the property located at 600 | North Beach Street, a 5.653 acre site more fully described in the metes and bounds description included with the attached rroo|ution� ` 2. Adopt the attached resolution supporting the applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the site; and � | 3. Adopt the attached ordinance prohibiting the potable use nf designated groundvvatarhnnnbenouthdha a/oa. DISCUSSION: | � [>n January 21, 2O16. Industrial Power, LLC' d/b/a Industrial Power Trucking, filed an application with the ' City seeking support ofoNYUniuipa| Sdtin4Oesignm�nn (��8Coforpoopudy |noatede� �0ONnrthBaanh ! � ` ' � Street. The site includes 5.653 acres. Industrial Power, ILLC, will use the location for overflow parking on , a gravel base for truck sales. The site is zoned K-Industrial and the planned use is appropriate, \ ' Staff from the Planning and Development, Transportation and Public Works and Water departments � reviewed the a |�nationforpntenMa| iropaot� (oCitvin��oe�ts� S�affidnnti�ednonigA�iouUt ! -rr� , � concerns. Notice was issued, as required by ordinance and a public meeting was held at the Riverside Community Center nn March 31. 2818. The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a ' confining layer uf approximately 6V0 feet inthickness. The affected shallow groundwater io not a | � designated, recognized major or minor aquifer. The chemicals of concern detected in the designated . groundwater include arsenic, lead, cis-1,2-dichloroethene, tetrachloroethene, trichloroethene and } pentachlorophenol in the shallow groundwater at levels exceeding the applicable Tier 1 Texas Risk Reduction Program /TRRP\ Residential Protective Concentration Levels. The Fort Worth Water Department provides water service to all existing residential and commercial/ | ' industrial properties within the city limits of the City of Fort Worth, within half a mile of the MSD boundary. All undeveloped properties (within the city limits of the City of Fort Worth) within half a mile of the site are eligible to receive water service from the Fort Worth Water Department, in accordance with the Texas Water Service Certificate of Convenience and Necessity (CCN) No. 12311 and the City of Fort Worth Policy for the Installation of Community Services. The City of Haltom City has a border within one- half of a mile of the MSD boundary. In 2003, a state law became effective creating the concept of a MSD. The purpose of a MSD is to certify properties in order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by municipal ordinance. A person, typically a developer, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as a MSD. If granted, they will not be required to clean up designated groundwater on their site to drinking water standards, although other cleanup standards such as inhalation and contact must still be met. The application will not be approved by TCEQ if the municipality where the site is located does not give formal approval. That approval must be by means of a City Council resolution supporting the application and an ordinance prohibiting potable use of groundwater in the MSD (potable water is water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes). In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to TCEQ for a MSD to get support of that application from the City Council. The procedure includes filing an application with the City, Staff review of the application for potential impacts to City interests, a public meeting held for the purpose of providing information on the application to the affected community and a public hearing. The site is located in COUNCIL DISTRICT 4, Mapsco 64N and 64P. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS LFIDsJ: TO Fund 1-15—------------------ epartment Accoun Project Program ctivity Budget Reference # m o u n ID ID Year �Chartfield2 FROM _ _ Budget Fund Department ccoun Project ProgramActrvrty Year .__ Reference # moun _...- ID .......... �� ..._ . . (ChartSeld 2). � CERTIFICATIONS: Submitted for City_Manager's Off-ice by: Fernando Costa (6122) Originating Department Head: Brandon Bennett (6345) Additional Information Contact: Cody M. Whittenburg (5455) mso RPU Service Boundaries - 5 Mile Buffer BAr ENVIRONMENTAL DATA P OIVISINi 0Y 1Nf WFMSSGP4%N' �/%�fd4�»'�W�l%��1➢y/idsvrmr6,lrjrcpi�//r�2�mIFN � /ii; ��IIJ�� rrJ , / „NN�fIJ�f� 'ai ��/ti"�� / /f fi�Wl%/91P�LI��t4rHn!r i!1/l ✓i,/�°�I iT � r� GI74Y OF NORTH RICHLAND HILLS ' 'r 1 ;`„ r /✓r///rrr r 1 ll / r /ONfY�OF FtlIYRa'flr ' / ✓ /,', 10107/Y � r ri to' t, pI i M v rrp CI7/Y(OF FrvORT WORIiH� r �////IIf�rypllli/m'tl / ''� r r ( MJ � //i r,%' DYO�p�iii /�i/ i/LrkWL!��r�i'�3„�4 ..;rii/ii i�%%%%' rip r ✓M/r�/�l�ii � �///�/� r r ,ia, r �� r�rOrr ✓r / ri 'i V////O//%�� / k�J%F/l.'%' r pi/��G //r �//ii%ii /rir/lr%- , %r, r- / r 9i r r ��/��i,;✓R/��h� j/�/rr �l lt✓ //% br'p/�oi1 r/ r//u m�nrrr9f l✓✓1/��r aflurerk�l/0% 4nd! f /// ,/i iii I/&I �r 1 r aj /r n ' you��rr+tes ,.F61 E DBLorme 4�SG 7Intermap,increment P Carp;, / TgrmTm3n, ntlia,7�fpen5treetM p�c rttributorrs,�and I theGIS�'.User OoPnm ri Beach/Ft Worth MSD UTILITY N CITY OF FORT WORTH CITY OF HALTOM CITY 1:95,000 i+mmncnawn.,ic krv,gaoeary Target Property CITY OF HURSI` karaimnna�i.rov,a�wm ikg4UMCM MmNM S!0 W WIN 5 Mile Bufferan Am n CITY OF NORTH RICHLAND HILLS �_�xA�a»rcmnmwwu.+ LaHWaW41bY:99VU4' CITY OF RICHLAND HILLS banks Ermfonmem al D aEa,Inc.- 1601 Rio Grande,Ste, 5007-Auslin, (X 78701 -800.531.5255 P- X512,478.1433 F wtumba nkserwdol o,com l^ubtir(late;, 5yovm(,lepW Water Well Details BeachlFt Worth MSD MN KS ENVIRONMENTAL DATA M1pIWYNYN CF iXY IMJV&S 4WNlp Map ID State ID CCN PWS Name System Status Source Status Depth 1. G2200309A ALLENS PLANT 5 INACTIVE PUBLIC WATER SYSTEM: 1143 INACTIVE 2 G2200022A 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED 1235 2 G2200022F 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 1335 2 G2200022G 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 629 3 G2200022B 10068 CITY OF RICHLAND HILLS ACTIVE ABANDONED 506 3 G2200022D 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED S00 PUBLIC WATER SYSTEM: 4 G2.200182A WESTCHESTER HOUSE INACTIVE DELETED 455 5 G2200063F 10103 CITY OF NORTH RICHLAND ACTIVE PLUGGED 454 HILLS 5 G2200063G 10103 CITY OF NORTH RICHLAND ACTIVE PLUGGED 496 HILLS 6 622000221 10068 CITY OF RICHLAND HILLS ACTIVE PLUGGED 560 7 G2200063H 10103 CITY OF NORTH RICHLAND ACTIVE NON-DRINKING WATER 0 HILLS 7 622000631 10103 CITY OF NORTH RICHLAND ACTIVE NON-DRINKING WATER 0 HILLS 8 G2200312A MONTICELLO SPRING WATER ACTIVE OPERATIONAL 270 CO 9 G2200022H 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 567 10 G2200022C 10068 CITY OF RICHLAND HILLS ACTIVE OPERATIONAL 1277 11. G2200063J 10103 CITY OF NORTH RICHLAND ACTIVE NON-DRINKING WATER 0 HILLS 11 G2200063K 10103 CITY OF NORTH RICHLAND ACTIVE NON-DRINKING WATER 0 HILLS 12 52200012E 12311 CITY OF FORT WORTH ACTIVE OPERATIONAL 0 Well Summary Water Well Dataset #of Wells TX TCEQ PWS 18 Total Count 18 Pane 8 Pranks Fnvlronmental Data, Inc. - 1601 Rio Grande, Ste. 500 -Austin,TX 78701 - 800.531 X255 P- 512.478.1433 F wwwban ksenvdot a.c:om MItH NOKTH KICHL,AND HILLS City Council MEMORANDUM From: The Office of the City Manager Date: August 8, 2016 Subject: Authorize City Manager to execute a contract with Double D Contracting LLC for construction of a 6' wide sidewalk connecting the Calloway Branch Trail to amenities in Richfield Park in the amount of $69,712. Presenter: Bill Thornton, Parks and Recreation Assistant Director Summary: City Council is being asked to award a construction contract to Double D Contracting LLC for construction of a 6' wide sidewalk connecting the Calloway Branch Trail to amenities in Richfield Park. General Description: The approved Parks & Recreation Capital Improvement Program Budget provides funding for the construction of trail connections along the John Barfield and Calloway Branch Trails as well as pedestrian connections linking the Calloway Branch Trail to Richfield Park and its amenities which include the playground, basketball court, tennis court, parking lot, concessions/restroom building and all baseball and football fields and their bleachers and dugouts. The new internal connections will provide important accessible routes for Richfield Park users including those with mobility challenges. Trail and neighborhood connections recently completed include the connections from Forest Glenn West and Thornbridge East to the John Barfield Trail and a connection to subdivisions east of Cross Timbers Park to the Calloway Branch Trail. We also anticipate completing trail connections from the Grace Meadows neighborhood to the John Barfield Trail as well as a neighborhood trail connection from Kristina Lane to the John Barfield Trail later this year. City Council previously requested bids and awarded an annual contract to Double D Contracting LLC as the primary contractor for general contracting services on an as needed basis. Specifications call for pricing to remain firm for a twelve month period with the option to review pricing and extend the annual contract for four consecutive twelve month periods if the contract remains beneficial to the City and the vendors. Double D Contracting LLC is a Fort Worth based company. They have successfully completed a wide range of municipal projects, particularly for the Facilities and Construction Department, Parks Department and NRH2O in the City of North Richland Hills. IqRH Recommendation: Authorize City Manager to execute a contract with Double D Contracting LLC for construction of a 6' wide trail connecting the Calloway Branch Trail to amenities in Richfield Park in the amount of$69,712. CONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT is made and entered by and between DOUBLE D CONTRACTING LLC, (hereinafter referred to as "Contractor"), and the CITY OF NORTH RICHLAND HILLS, TEXAS, a municipal corporation (hereinafter referred to as "City"), to be effective from and after the date hereinafter provided. For and in consideration of the covenants and agreements contained herein, and for the rxautual benefits to be obtained hereby, the parties hereto agree as follows: I. The parties agree that the contract documents shall consist of the following: 1. This written construction agreement; 2. General Conditions; 3. Project Conditions; 4. The Plans/Drawings for Sidewalk Expansion in Richfield Park 5. The following listed and numbered addenda: None; 6. Payment Bond; 7. The Contractor's Proposal; 8. Insurance Certificate(s) 'These contract documents form the construction agreement and are a part of this construction agreement as if fully set forth herein. The contract documents are complementary and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency in any of the provisions of the contract documents, the inconsistency shall be resolved by giving precedence to the contract documents in the order in which they are listed above. THE WORKS II. Contractor shall provide all labor, supervision, materials and equipment necessary to perform all work required by the contract documents in connection with the Calloway Branch 'Trail linkage to amenities in Richfield Park provided as a part of PK1503. TIME OF COMMENCEMENT; COMPLETION III. Contractor shall commence work within ten (10) calendar days after receiving from City a notice to proceed. Contractor agrees that all work hereunder shall be complete within 40 calendar days from Notice to Proceed. CONTRACT SUM IV. The City shall pay the Contractor in current :funds for the performance of the work, subject to additions and deductions by change orders as provided in the contract documents, the amount of SIXTY NINE TIIOUSAND SEVEN HUNDRED TWELVE DOLLARS ($69,712). Payment will be due upon completion of work. CHOICE OF LAW; VENUE V. The parties agree that the laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this construction agreement, and that the exclusive venue for any legal proceeding involving this construction agreement shall be Tarrant County, Texas. No additional work shall be authorized or charged for unless authorized by a change order signed by a person authorized by the City to do so. In the event of litigation between the parties, the prevailing party shall be entitled to reasonable attorney fees. INSURANCE VI. The Contractor shall, at his own expense, maintain and keep in force insurance coverage in the minimum amounts as specified in the general conditions and specifications of bid for the project, with the City as an additional named insured providing primary coverage. Certificates of coverage, including workers compensation insurance, must be submitted with the contract. Insurance coverage must also cover all subcontractors employed by Contractor. Insurance coverage shall be written by companies approved by the State of Texas and acceptable to the Owner. All required insurance certificates must be submitted prior to commencement of work. ENTIRE AGREEMENT; AMENDMENTS; BINDING EFFECT VII. This construction agreement, including the contract documents listed in Paragraph I represents the entire and integrated agreement between City and the Contractor, and supersedes all prior negotiations, representations, or agreements, either written or oral. This construction agreement may be amended only by written instrument signed by both City and Contractor. EFFECTIVE DATE VIII. This construction agreement shall be effective upon the date of execution by Contractor, provided the City executes the same within ten(10) working days after said execution by Contractor. IN WITNESS WHEREOF, the parties have executed this construction agreement upon the year and date indicated beneath their signatures hereto. CITY OF NORTH RICHLAND HILLS DOUBLE D CONTRACTING BY: BY: o lox( City Manager ( Danny'AwidJ, Sr. `1'1'1'f,E: President DATE: e,2 2- ATTEST: ATTEST: — --------------........................... TITLE: *CGS' Alicia Richardson, City Secretary APPROVED AS TO FORM: ------------ -—---------------- Cara White, Attorney for the City CERTIFICATE OF INTERESTED PARTIES FORM 1295 toil Complete Nos.1-4 and 6 it there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-90014 Double D Contracting LLC Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/25/2016 being filed. City of North Richland Hills Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 86,050.00 Concrete work 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that//t''he-abovv disclosure is true and correct. &/M'v A`b�aJ TAt9ETNA K, IYWR *\✓`f* Ply Public.. \ STATE OTC S n `ov My Coma.Up. 25,2017 Si � g atur( author 6d agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE n.Q.� Sworn to and subscribed before me,by the said � -1y w"➢ � Q Q E Q ""�'"�+ ,this the day of 20 I l r f ,to certify which,witness my hand and seal of office. Jf ,.,, � R vI y`t' 1 .1` w, r F+. ✓ M 5 ter, t�, M f u 5tgnatuie of odd nin15 Bring o8 Printed name of officer administe 41ng oath Title of officer dminlstedng oath � Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 I MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 2016 SUBJECT: Setting the dates for the public hearings for the City's FY 2016/2017 Proposed and FY 2015/2016 Revised Budget, the Park and Recreation Facilities Development Corporation FY 2016/2017 Proposed and FY 2015/2016 Revised Budget, the Crime Control and Prevention District FY 2016/2017 Proposed and FY 2015/2016 Revised Budget. PRESENTER: Mark Mills, Budget Director SUMMARY: The City Council is asked to set the public hearing dates for the proposed Fiscal Year (FY) 2016/2017 and revised FY 2015/2016 budgets for the City, Park and Recreation Facility Development Corporation, and Crime Control and Prevention District. GENERAL DESCRIPTION: The City Council is asked to set the dates for the upcoming budget public hearings. Each hearing is planned for Monday, August 22, 2016. The Park and Recreation Facilities Development Corporation public hearing would be held at 6:15 p.m., and the Crime Control and Prevention District public hearing would be held at 6:30 p.m. The hearing for the FY 2016/2017 Proposed Budget and the FY 2015/2016 Revised Budget will be conducted as part of the regular City Council meeting, beginning at 7:00 p.m. In addition to setting these dates in a public meeting, a published notice will be required for each public hearing per the City Charter and State law. A copy of each notice accompanies this cover sheet. In compliance with State law, the proposed budget has been made available at the City Secretary's Office and at the North Richland Hills Public Library. RECOMMENDATION: Approve Monday, August 22, 2016 as the date for the public hearings on the City's FY 2016/2017 Proposed and FY 2015/2016 Revised Budget, the Parks and Recreation Facility Development Corporation's FY 2016/2017 Proposed and FY 2015/2016 Revised Budget, and the Crime Control and Prevention District's FY2016/2017 Proposed and FY 2015/2016 Revised Budget. NOTICE OF PUBLIC HEARING ON PROJECTS TO BE UNDERTAKEN BY NORTH RICHLAND HILLS PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Park and Recreation Facilities Development Corporation during a meeting to be held at 6:15 p.m. on August 22, 2016 at the North Richland Hills City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas, on the Corporation funding and undertaking of projects (including, but not limited to, future land acquisition, public right of way and infrastructure improvements, the construction of baseball and softball fields, construction or renovation of neighborhood and community parks, construction or renovation of dog/animal parks, playground equipment, construction and/or renovation of recreation facilities, public art, tree planting and other landscape improvements, senior citizen centers, building of hike and bike trails, park security improvements, update of the park system master plan, the operations of the tennis center, the expenditure of funds to pay operating costs of City owned projects undertaken by the Corporation, and economic and business development). A more detailed description of the projects to be undertaken by the Corporation covered by this notice is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NORTH RICHLAND HILLS CRIME CONTROL AND PREVENTION DISTRICT NOTICE IS HEREBY GIVEN that a public hearing is to be held by the Board of Directors of the North Richland Hills Crime Control and Prevention District on the 2016- 2017 proposed annual budget and 2015-2016 revised budget during a meeting to be held at 6:30 p.m. on August 22, 2016 at the North Richland Hills City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. It is also available for review at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. NOTICE OF PUBLIC HEARING 2016-2017 PROPOSED ANNUAL BUDGET 2015-2016 REVISED ANNUAL BUDGET NOTICE IS HEREBY GIVEN to all interested citizens in the City of North Richland Hills, that the City Council will hold a public hearing on the 2016-2017 proposed annual budget and the 2015-2016 revised annual budget on Monday, August 22, 2016 during the regular 7:00 p.m. City Council meeting at the North Richland Hills City Hall City Council Chambers, 4301 City Point Drive, North Richland Hills, Texas. This budget will raise more total property taxes than last year's budget by $2,244,680, or 9.02%, and of that amount $755,293 is tax revenue to be raised from new property added to the tax roll this year. The proposed budget is available for review in the office of the City Secretary at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. The proposed budget is also available at the City of North Richland Hills Public Library, Monday through Saturday and online at www.nrhtx.com. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City DATE: August 22, 2016 Manager SUBJECT: Setting August 22, 2016 and September 12, 2016 as the dates for the Tax Rate Public Hearings and Vote on Placing the Tax Rate Adoption on the Agenda of the September 26, 2016 City Council Meeting. PRESENTER: Mark Mills, Director of Budget and Research SUMMARY: Council is requested to set the dates for the public hearings on the proposed tax rate of 61 cents per $100 of taxable valuation as August 22, 2016 and September 12, 2016. The City Council is also requested to vote to place the adoption of the tax rate as an action item on the September 26, 2016 Council agenda. GENERAL DESCRIPTION: In follow up to the FY 2016/2017 Budget Work Session, it is necessary to begin the process of establishing a tax rate for the next fiscal year, in accordance with the City Charter and State law. At the Budget Work Session, a tax rate of 61¢ per $100 of taxable valuation was proposed. This is the same as the currently adopted tax rate of 610. Per Section 26.05(d) of the Tax Code, the City Council cannot adopt a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings have been held on that tax rate. The proposed tax rate exceeds the effective tax rate of 58.3909¢ but remains below the rollback rate of 61.0009¢. As a result, the city of North Richland Hills will be required to conduct two public hearings on the tax rate. The proposed dates for these public hearings are Monday, August 22, 2016 and Monday, September 12, 2016, each to be held at the City of North Richland Hills City Hall. State law requires that the City Council vote to place the adoption of the tax rate on a future City Council agenda as an action item. The date for this vote is planned for Monday, September 26, 2016. This vote would appear as an action item on the agenda for the regular City Council meeting. RECOMMENDATION: Vote to set Monday, August 22, 2016 and Monday, September 12, 2016 as the dates for public hearings on the proposed 61 cents per $100 of taxable valuation and to place MRH the adoption of the tax rate as an action item on the Monday, September 26, 2016 City Council agenda. MRH CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 2016 SUBJECT: Consider Resolution No. 2016-024, appointing members to Civil Service Commission, Keep NRH Beautiful Commission, Library Board, Park and Recreation Board, Park and Recreation Facilities Development Corporation, Teen Court Advisory Board and Zoning Board of Adjustment. PRESENTER: Alicia Richardson, City Secretary SUMMARY: Each year, the City Council appoints members of the public to serve on various boards, commissions, and committees (the "Boards"). Appointed members serve a two-year term, unless appointed to fulfill an unexpired term. These annual appointments coincide with City Council terms—Places 1, 3, 5, and 7 are appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years. Each member serves until their successor has been duly appointed and qualified. GENERAL DESCRIPTION: In preparation for the annual appointments, staff provides City Council with resource material to assist with the appointment process. In preparation for the July 2016 appointments, Council was provided a copy of the current membership for each Board, attendance report, and current applications on file with the City. In accordance with City Charter, State Law and City Ordinances, Council members nominate a member of the public to serve in the corresponding place on the Board. The submitted nominations are subject to majority approval of City Council. On July 25, City Council took action (Resolution No. 2016-022) on most of their annual appointments. A copy of the resolution is attached for your review. Council approved nominees (existing board members) that met the requirement of attending 75% of the board meetings. The Council agreed that members not meeting the requirement would be contacted by the Council member who appointed them to determine the reason for absenteeism. The nominees submitted by City Council will be presented at the meeting. Staff was directed to place an item on a subsequent meeting to discuss remaining appointments, which are listed below. MRH KEEP NORTH RICHLAND HILLS BEAUTIFUL COMMISSION Alternate June 30, 2016 LIBRARY BOARD Place 2 June 30, 2016 Place 4 June 30, 2016 PARK AND RECREATION BOARD Place 2 June 30, 2016 Place 4 June 30, 2016 Alternate June 30, 2016 TEEN COURT ADVISORY BOARD Place 2 June 30, 2016 Place 4 June 30, 2016 Place 6 June 30, 2016 ZONING BOARD OF ADJUSTMENT Place 2 - June 30, 2016 Alternate CIVIL SERVICE COMMISSION City Charter, Article XVII establishes the membership of the Civil Service Commission. Members are appointed by the Mayor and confirmed by a two-thirds (2/3) vote of the City Council. Positions 2 and 4 shall be appointed from a list or lists of nominees provided to Mayor by employee associations. The terms are as follows: Positions 1 and 2, one year term; Positions 3 and 4; two year term; and Position 5, three year term. The position of ex-officio is a two year term. September Daniel Position 2 - Fire Association June 30, 2016 Position 4 - Police June 30, 2016 Association Ex-Officio June 30, 2016 MRH PARK AND RECREATION FACILITIES DEVELOPMENT CORPORATION The Articles of Incorporation and Bylaws establish the membership for the Board of Directors, which includes the number, term, and classification. Places 1-4 shall be a member of the City Council and Places 5-7 are citizens who are not employees of the City or a member of City Council. The Articles of Incorporation identify Places 1, 5, and 7 as being appointed in even- numbered years and Places 2, 3, 4 and 6 being appointed in odd-numbered years with a term of two years. Place 5 June 30, 2016 RECOMMENDATION: Approve Resolution No. 2016-024, as discussed. RESOLUTION NO. 2016-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, Council made their initial appointments on July 25, 2016; and WHEREAS, Council members in Places 2, 4, 6 and the Mayor have submitted their remaining nominations for consideration by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The following members have been submitted for nomination and approved by majority of the City Council to various boards, commission and committees. Keep North Richland Hills Beautiful Commission Mi'Shon Landry Alternate Term expiring June 30, 2018 Board of Adjustment Place 2 Term expiring June 30, 2018 Library Board Place 2 Term expiring June 30, 2018 Place 4 Term expiring June 30, 2018 Park and Recreation Board Place 2 Term expiring June 30, 2018 Place 4 Term expiring June 30, 2018 Alternate Term expiring June 30, 2018 Teen Court Advisory Board Place 2 Term expiring June 30, 2018 Place 4 Term expiring June 30, 2018 Place 6 Term expiring June 30, 2018 Civil Service Commission September Daniel Position 2 - Fire Association Term expiring June 30, 2016 Position 4 - Police Association Term expiring June 30, 2018 Ex Officio Term expiring June 30, 2018 Parks and Recreation Facilities Development Corporation Citizen Member Director Term expiring May 30, 2018 PASSED AND APPROVED this the 8th day of August, 2016. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Monica Solko, City Secretary APPROVED AS TO FORM AND LEGALITY: Cara L. White, Assistant City Attorney RESOLUTION NO. 2016-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS; APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES; ESTABLISHING TERMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council appoints members of the public to serve on various boards, commissions, and committees; and WHEREAS, appointed members serve a two-year term, unless appointed to fulfill an unexpired term; and WHEREAS, annual appointments coincide with City Council terms with Places 1, 3, 5, and 7 being appointed in odd-numbered years and Places 2, 4, 6, and Mayoral appointments in even-numbered years; and WHEREAS, each member serves until their successor has been duly appointed and qualified; and WHEREAS, Council members in Places 2, 4, 6 and the Mayor have submitted their nominations for consideration by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. The following members have been submitted for nomination and approved by majority of the City Council to various boards, commission and committees. Keep North Richland Hills Beautiful Commission Amy Steele Place 2 Term expiring June 30, 2018 Doris Tipps Place 4 Term expiring June 30, 2018 Kathy Luppy Place 6 Term expiring June 30, 2018 `Deborah Johnson Place 7 Term expiring June 30, 2017 ("Fulfill an unexpired term) Board of Adjustment Fonda Kunkle Place 4 Term expiring June 30, 2018 Bill Gibbs Place 6 Term expiring June 30, 2018 Library Board Donna Stallard Place 6 Term expiring June 30, 2018 Holly Mitchell Alternate Term expiring June 30, 2018 Park and Recreation Board Dianne Spradling Place 6 Term expiring June 30, 2018 Planning & Zoning Commission and Capital Improvement Advisory Committee Mike Benton Place 2 Term expiring June 30, 2018 Randy Shiflet Place 4 Term expiring June 30, 2018 William Schopper Place 6 Term expiring June 30, 2018 Gerald (Jerry) Tyner Ex Officio Term expiring June 30, 2018 Substandard Building Board Thomas Moreau Place 2 Term expiring June 30, 2018 Thomas Osen Place 4 Term expiring June 30, 2018 Brian Crowson Place 6 Term expiring June 30, 2018 Construction Code Board of Appeals Kurt Cameron, local builder Place 2 Term expiring June 30, 2018 Lynn Motheral, local builder Place 4 Term expiring June 30, 2018 Lloyd Robinson, local builder Place 6 Term expiring June 30, 2018 Civil Service Commission Sally Bustamante Position 1 Term expiring June 30, 2016 Brent Barrow Ex Officio Term expiring June 30, 2018 Parks and Recreation Facilities Development Corporation Tim Welch Council Member Director Term expiring May 30, 2018 Suzy Compton Citizen Member Director Term expiring May 30, 2018 Red Light Camera Advisory Committee Jim Bowen Mayor Appointee Term expiring June 30, 2018 Bob McCary Council, Place 1 Appointee Term expiring June 30, 2018 Richard Scott Wood Council, Place 2 Appointee Term expiring June 30, 2018 Charlie Ott Council, Place 3 Appointee Term expiring June 30, 2018 Steve Koons Council, Place 4 Appointee Term expiring June 30, 2018 Gerald Tyner Council, Place 5 Appointee Term expiring June 30, 2018 Pam Hansen Council, Place 6 Appointee Term expiring June 30, 2018 Karen Williams Council, Place 7 Appointee Term expiring June 30, 2018 PASSED AND APPROVED this the 25th day of July, 2016. CITY F OR RICHLAND HILLS By: Oscar Trevino, Mayor Resolution No. 2016-022 Page 2 of 3 ATTEST: H�N� - III III I I Z: Alicia Richardson, City Secretary%'" /,lnlunn"`d PROVED,AS TO F M AND LEGALITY: n Cara L. White, As stant City Attorney Resolution No. 2016-022 Page 3 of 3 MItH NORTH KICHL,AND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: August 8, 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: New York Times bestselling author Susan Wiggs will visit the North Richland Hills Library this Friday, August 12 to release her newest book, Family Tree. Her free talk will begin at 1 p.m. and will be immediately followed by a book signing. Please call the Library or visit their website for more information. Celebrate summer with fireworks this Saturday at NRH2O. The fireworks will begin at dusk, at around 9:15 p.m. Visit NRH2O.com for more details. Kudos Korner: Every Council Meeting, we spotlight our employees for the great things they do. Tonight we recognize: Chuck James, Pooch Amy, Lester Champion, Bennie Frazier, Chris Legg, Johnny Reyes, Justin Dean, Juan Rastrepo and Cannon Binkertin the Public Works Department — A resident emailed his appreciation for the employees who worked through the night to repair a water main break. His email stated: "From what I could tell driving by, it looked like a very difficult leak to access, much less repair. I was very impressed with the response to the leak, the notification process and how quickly water was restored. You should be very proud!"