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Home My WebLink AboutCC 2006-06-12 Agendas . . . A. 1 B.1 B.2 City of North Richland Hills City Council Work Session Meeting Agenda North Richland Hills City Hall Pre-Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76182 Monday, June 12, 2006 5:45 P.M. Discuss Items from Reqular City Council Meetinq IR 2006-068 Update on Library Desiqn (15 minutes) Executive Session - The Council may enter into Closed Executive Session to Discuss the followinq: a) Personnel Matters as Authorized by Section 551.074 to Discuss Appointment of Municipal Court Judge and Alternate Judges and Establish a Salary for Such Term b) Land Acquisition for Park as Authorized by Section 551.072 - Graham Ranch Area c) Land Acquisition as Authorized by Section 551.072 - Purchase of Easements and/or Rights-of-Way for Water System Improvements in the area North of the Shady Oaks Addition C.1 Adiournment INFORMAL REPORT TO MAYOR AND CITY COUNCIL No. IR 2006-068 Date: June 12, 2006 Subject: Update on Library Design The firm of Brown Reynolds Watford Architects, Inc. (BRW), teamed with another architectural firm, Barker Rinker Seacat Architects (BRS), has been working since June 2005 to design a new library facility for North Richland Hills. The architectural team, working with city staff, have developed plans for an exciting new facility capable of supporting outstanding library services for our growing city. As of this writing, the design process has reached approximately the 95% completion point for the bidding and construction documents. Council has previously reviewed the preliminary library design on two occasions, February 13, 2006 and October 24, 2005. The project timeline calls for completing the construction documents by the end of June in preparation for seeking competitive construction proposals beginning in July. The purpose of this IR and short briefing is to provide the City Council an update on the status of the library design. Architects representing BRW will present the site plan, exterior elevation drawings, several interior elevations, and the floor plans for the planned facility. They will also present the most current cost estimate for the project and discuss strategies for keeping the project within budget. At the up.coming meeting, staff desires input from the City Council about the final plans prior to bidding, although no formal action is required. Respectfully Submitted, Steve Brown Library Director . ISSUED BY THE CITY MANAGER NORTH RICHlAND HillS, TEXAS -- . City of North Richland Hills City Council Regular Meeting Agenda North Richland Hills City Hall Council Chambers 7301 Northeast Loop 820 North Richland Hills, TX 76182 Monday, June 12, 2006 7:00 P.M. A.O Call to Order - Mavor Oscar Trevino A.1 Invocation - Councilman Whitson A.2 Pledqe - Councilman Whitson A.3 Special Presentation(s) and Recoqnition(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 Councilor 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 Aqenda B.O CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. 8.1 Approval of Minutes of Mav 22, 2006 City Council Meeting B.2 FP 2006-03 Consideration of a request from Sterlinq Properties for approval of a Final Plat of Lot 2, Block 1. Brentwood Estates Addition and Detention Maintenance Agreement (8500 Block of Davis Boulevard). B.3 PW 2006-016 Approve the Abandonment of a Portion of a Sanitary Sewer Easement located within Brentwood Estates, Block 1, Lot 2 and authorize the City Manaqer to execute a Quitclaim Deed - Ordinance No. 2888 B.4 PW 2006-017 Award of Bid to JLB Contractinq, LP, in the amount of $655,910.84 for the Construction of the Simmons Drive (Mid Cities Boulevard to Grand . Avenue) Project . . . 8.5 GN 2006-047 Approve Aqreement with Tarrant County Tax Assessor/Collector for the Collection of City Property Taxes - Resolution No. 2006-048 C.O PUBLIC HEARINGS C.1 ZC 2006-04 Continuation of Public Hearinq and Consideration of a request from Royal Buildinq Corporation and Comis Development Corporation for a Zoninq Chanqe from "AG" Aqricultural to "R-2" Residential (Located in the 6800 block of Simmons Road - 2.1759 acres) Ordinance No. 2880. C.2 ZC 2006-07 Public Hearing and Consideration of a request from Roval Building Corporation and Comis Development Corporation for a Zoninq Change from flAG" Aqricultural to flR-1" Residential (located in the 8800 Block of Rumfield Road - 1.31 acres - Ordinance No. 2885 C.3 GN 2006-043 Public Hearinq to consider an amendment to the North Richland Hills subdivision ordinance to require completeness review of development applications for the purpose of determininq the effective date of vested riqhts under Chapter 245 of the Texas Local Government Code. Ordinance No. 2886 C.4 GN 2006-045 Public Hearinq to consider an amendment to the North Richland Hills subdivision ordinance to require adequate public facilities for development and establishinq a procedure for determination of rouqh proportionality of developer exactions for such facilities. Ordinance No. 2887. 0.0 PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. E.O PUBLIC WORKS No items for this category. F.O GENERAL ITEMS F.1 GN 2006-046 U.S. Department of Health & Human Services Administration for Children and Families 2006 Grant Request. Resolution No. 2006-047 F.2 PU 2006-045 Award of the Professional Services Aqreement to Lopez Garcia Group in the amount of $43,000 for The Lakes at Calloway Creek Study - Resolution No. 2006-049 F.3 GN 2006-039 Authorizinq City Manaqer to Siqn Contract for Electric Services Resolution No. 2006-040 . . . FA GN 2006-048 Appointment of Municipal Court Judqe and Alternate Judges and Establish a Salarv for Such Term - Ordinance No. 2889 F.5 GN 2006-049 Appointments to Planning and Zoninq Commission and Capital Improvement Advisory Committee - Places 1. 2 and 7 F.6 Action on any item discussed in Executive Session listed on Work Session Aqenda. F.7 I nformation and Reports Report on May 22, 2006 Citizen Presentation F.8 Information and Reports - Councilman Welch F.9 Adiournment · Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.A.O Subject: Call to Order - Mayor Oscar Trevino · Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.A.1 Subject: Invocation - Councilman Whitson Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.A.2 Subject: Pledge - Councilman Whitson Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Subject: Special Presentation(s) and Recognition(s) Council Meeting Date: 6-12-2006 Agenda NO.A.3 . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-12-2006 Agenda NO.A.4 Subject: Citizens Presentation An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Councilor 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. . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda No.A.5 Subject: Removal of Item(s) from Consent Agenda · CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-12-2006 Agenda No. B.O Subject: CONSIDER APPROVAL OF CONSENT AGENDA ITEMS All consent agenda items listed below are considered to be routine items deemed to require little or no deliberation by the City Council and will be voted on in one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered. · CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6-12-2006 Agenda NO.B.1 Subject: Approval of Minutes of May 22, 2006 City Council Meeting Recommendation: To approve the minutes of the May 22, 2006 City Council Meeting. . . . MINUTES OF THE WORK SESSION AND REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, HELD IN THE CITY HALL, 7301 NORTHEAST LOOP 820- MAY 22,2006 WORK SESSION The City Council of the City of North Richland Hills, Texas met in a Work Session on the 22nd day of May, 2006 at 6:20 p.m. in the Pre-Council Room prior to the 7:00 regular Council meeting. Present: Oscar Trevino Tim Welch Suzy Compton JoAnn Johnson David Whitson Nancy Bielik Mayor Mayor Pro T em Councilwoman Councilwoman Councilman Councilwoman Absent: John Lewis Jo Cox Councilman Councilwoman Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Monica Solko George Staples Jimmy Perdue Mary Edwards John Pitstick Larry Koonce Mike Curtis Patrick Hillis City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary City Attorney Police Chief Public Information Officer Director of Planning & Development Finance Director Public Works Director Human Resources Director Call to Order Mayor Trevino called the work session to order at 6:20 p.m. A.O Discuss Items from Reqular City Council Meetinq There were no items discussed. . . . City Council Minutes Page 2 of 18 B.1 IR 2006-061 Implementation of Burqlar Alarm Permit Ordinance Police Chief Perdue requested guidance from Council on the implementation of a burglar alarm permit ordinance. The Police Department responded to 4, 161 burglar alarms during fiscal year 2004/05 of which 98.4% were found to be false or cancelled before an officer arrived on the scene. The police officers spent approximately 775 hours handling these false alarms. The City currently does not require permits for burglar alarms nor are fees assessed for any false alarms. In order to require permits for burglar alarms and assess fees for false alarms, an ordinance would need to be developed. If the program is implemented, either an additional employee will be needed to monitor the program or the services of an outside company specializing in administering these types of programs would need to be solicited. Companies providing outside services cover all start-up and on-going expenses to operate the program and are compensated by taking a processing fee for each transaction paid. There is no cost to the City to get started with an outside company. Chief Perdue recommended using an outside firm to administer the program. After discussion and questions from the Council, the consensus of the Council was for the Chief to proceed with implementing a burglar alarm permit ordinance. B.2 IR 2006-063 Discuss Two Proposed Subdivision Ordinance Amendments Adoptinq Completeness Option for Determininq Vested Riqhts and Establishinq Requirements for Adequacy of Public Improvements and Rouqh Proportionality of Required Developer Improvements, Dedications and Fees Mr. Staples, City Attorney, explained the purpose of the two amendments to the Subdivision Ordinance is to address issues arising from 2005 legislation. The first proposed amendment addresses the "completeness" requirement and deals with vested rights under Chapter 245 of the Texas Local Government Code. The legislature amended the Code to allow cities to require applications for development be submitted for completeness review and to respond within ten business days describing the deficiencies in the submittal with a note that if the deficiencies are not corrected within 45 days the applications will expire. If the City's response is not timely, the applicants' application is deemed complete for the purpose of Chapter 254. It does not allow deviations from other subdivision requirements. The second amendment addresses the issue of rough proportionality arising from Federal and State takings litigation. Mr. Staples explained that the new law requires that if a city requires a developer to pay a portion of the cost of municipal infrastructure improvements, a licensed professional engineer retained by the City shall determine the amount required for infrastructure improvements that are roughly proportionate to the proposed development and the developer's share cannot exceed that amount. Mr. Staples explained how the new law would affect the City. There were no questions from the Council. . . . City Council Minutes Page 3 of 18 8.3 IR 2006-064 Red Liqht Enforcement Police Chief Perdue requested guidance from Council on the enactment of a red light enforcement program in the City. In 2005, the Police Department responded to 1 ,573 accidents and 462 of the accidents involved an injury. It is estimated that approximately 5 to 1 0% of the accidents can be contributed to the failure to stop at red lights. Cities across the State are installing cameras at selected high accident locations. The cameras are set at specific locations based on available accident data. Chief Perdue explained how the cameras would operate. Pictures of the vehicle license plates will be taken of those vehicles that continue beyond the stop line after the traffic signal begins to cycle. A police officer will review the photographs to verify violations and for confirmed violations, a citation is sent to the registered owner of the vehicle. After questions from the Council, the consensus of Council was for the Chief to proceed with implementing the program. C.o Adiournment Mayor Trevino announced at 6:48 p.m. that the Council would adjourn to the regular Council meeting. REGULAR COUNCIL MEETING A.O CALL TO ORDER Mayor Trevino called the meeting to order May 22, 2006 at 7:00 p.m. ROLL CALL Present: Oscar Trevino Tim Welch Jo Cox Suzy Compton JoAnn Johnson Nancy Bielik David Whitson Mayor Mayor Pro Tem Councilwoman Councilwoman Councilwoman Councilwoman Councilman Absent: John Lewis Councilman . . . City Council Minutes Page 4 of 18 Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Monica Solko George Staples City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary City Attorney A.1 INVOCA TION Councilwoman Compton gave the invocation. A.2 PLEDGE OF ALLEGIANCE Councilwoman Compton led the pledge of allegiance. A.3 SPECIAL PRESENT A TION{S) AND RECOGNITION{S) Yard of the Month Awards Mr. Micah Beck, Keep North Richland Hills Beautiful Commission Member and Councilman David Whitson recognized the following yard of the month recipients for May: Michael & Nancy Hay, 3701 Billie Faye; Danny & Lisa Blackmon, 6732 Victoria Avenue; Mike & Pat Wachter, 6016 Iron Horse Dr.; Doug & Cindy Streater, 7321 Spurgeon Ct.; Bill & Sherilyn Burns, 8024 Bridge Street; Jim & Judith Watkins, 6967 Crabtree Lane; Traci Hooker, 9140 High Oaks Dr.; Ricky and Cindy Addington, 7840 Waterford Lane; and Matt & Janelle Petzold, 8332 Park Brooke Drive. Taco Bueno, 6221 Precinct Line Road, was recognized as the May Business Landscape Winner. A.4 SPECIAL PRESENT A TION{S) AND RECOGNITION{S) IR 2006-059 Teen Court Scholarship Presentations . . . City Council Minutes Page 5 of 18 Mr. Tito Rodriguez, Teen Court Board Member and Ms. Rebecca Vinson, Teen Court Coordinator, presented the 2005/2006 Teen Court Scholarships to Ms. Paige Ammons, Richland High School, and Mr. Brady Cooper, Richland High School. A.5 SPECIAL PRESENT A TION(S) AND RECOGNITION(S) Proclamation National Public Works Week Mayor Pro Tem Welch presented proclamation recognizing National Public Works Week to Mr. Mike Curtis, Public Works Director and Mr. Jimmy Cates, Public Works Operations Manager. A.6 GN 2006-035 CANVASSING MAY 13, 2006 MUNICIPAL ELECTION - RESOLUTION NO. 2006-035 APPROVED Mr. George Staples, City Attorney, presented Resolution No. 2006-035 canvassing the May 13, 2006 election: "Resolution NO.2006-035 WHEREAS, an election was duly held in the City of North Richland Hills on the 13th day of May, 2006, to elect a Mayor and City Council places 2, 4, and 6; and, WHEREAS, the City Council has met and canvassed the votes cast in such election; and, WHEREAS, such canvass shows the following results: Mavor Number of Votes Nancy Bielik Oscar Trevino 1246 2466 City Council - Place 2 Jo Cox Ken Sapp 1355 2252 . . . City Council Minutes Page 6 of 18 City Council - Place 4 Tim Barth 2852 City Council - Place 6 Suzette Christopher Scott Turnage 1282 2343 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HillS, TEXAS: Section 1 : THAT the above canvass be, and the same is hereby approved. Section 2: THAT the following are, and the same are hereby declared to have been elected to the offices listed below to serve until May of 2008, or until their successors are duly elected and qualified. Mayor Oscar Trevino City Council - Place 2 Ken Sapp City Council - Place 4 Tim Barth City Council - Place 6 Scott Turnage AND IT IS SO RESOLVED." COUNCILWOMAN JOHNSON MOVED TO APPROVE RESOLUTION No. 2006-035. COUNCILWOMAN BIELIK SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. . . . City Council Minutes Page 7 of 18 PRESENTATION TO OUTGOING CITY COUNCIL MEMBERS & A.7 GN 2006-036 OATH OF OFFICE Mayor Trevino presented plaque to Councilwoman Cox recognizing her service to the City as Council Member Place 2. Mr. Ryan Ivey administered the oath of office to Ken Sapp. Mayor Trevino presented plaque to Councilwoman Bielik recognizing her service to the City as Council Member Place 6. Dr. Jeff May, pastor, administered the oath of office to Scott Turnage. Mayor Trevino presented plaque to Councilwoman Johnson recognizing her fifteen years of service to the City as Council Member Place 4. Mr. Steve Koons administered the oath of office to Dr. Tim Barth. Mr. Mark Trevino administered the oath of office to Oscar Trevino. A.a RECESS FOR BRIEF RECEPTION FOR OUTGOING AND NEWLY ELECTED OFFICIALS Mayor Trevino recessed the meeting at 7:46 p.m. BACK TO ORDER Mayor Trevino called the meeting back to order at 8:02 p.m. . City Council Minutes Page 8 of 18 ROLL CALL Present: Oscar Trevino Ken Sapp Suzy Compton Tim Barth David Whitson Scott Turnage Tim Welch Mayor Councilman Councilwoman Councilman Councilman Councilman Councilman Absent: John Lewis Mayor Pro Tem Staff Members: Larry J. Cunningham Ogden Bo Bass Karen Bostic Monica Solko George Staples City Manager Assistant City Manager Managing Director Administrative/Fiscal Services Assistant City Secretary City Attorney . A.9 EXECUTIVE SESSION Mayor Trevino announced at 8:02 p.m. that the Council would go into Executive Session as authorized by Section 551.072 of the Texas Government Code to deliberate the lease of municipal real property for mineral development. Mayor Trevino called the regular meeting back to order at 8: 15 p.m. A.10 CITIZENS PRESENTATION Ms. Laverne O'Steen, 8429 Emerald Circle, presented a copy of an unsigned Flood Plain Development Permit for Emerald Lakes dated October 12, 1992 that she had obtained from FEMA. Ms. O'Steen commented that this was what she had previously requested from the City. Ms. O'Steen also presented a letter from FEMA addressed to Mike Curtis, Public Works Director. Ms. O'Steen stated that FEMA has requested in the letter that for administrative purposes a city official sign the original permit with a current date or develop another permit using current forms and procedures. . Mayor Trevino asked Mr. Staples to look into the documents presented by Ms. O'Steen. . . . City Council Minutes Page 9 of 18 A.11 GN 2006-042 ELECTION OF MA VOR PRO TEM The Charter requires that the Mayor Pro Tern be selected from the seven Council members at the first regular meeting following the general election. COUNCILMAN WELCH NOMINATED COUNCILMAN LEWIS AS MAYOR PRO TEM. COUNCILWOMAN COMPTON SECONDED THE NOMINATION. NOMINATION TO ELECT COUNCILMAN LEWIS AS MAYOR PRO TEM CARRIED 6-0. A.12 REMOVAL OF ITEM{S) FROM CONSENT AGENDA None. 8.0 APPROVAL OF CONSENT AGENDA ITEMS APPROVED B.1 APPROVAL OF MINUTES OF MAY 8,2006 CITY COUNCIL MEETING PU 2006-041 AWARD BID FOR ANNUAL CONTRACT TO SUPPLY TOP SOIL, SAND AND FLEX BASE TO HJG TRUCKING COMPANY - RESOLUTION NO. 2006-041. AP 2006-01 CONSIDERATION OF A REQUEST FROM STONE VILLAS JOINT VENTURE TO APPROVE AN AMENDED PLAT OF BLOCK 18, LOTS 1-13, BLOCKS A, BAND C, STONYBROOKE ADDITION (LOCATED IN THE 8400 BLOCK OF HIGHTOWER DRIVE - 2.273 ACRES). PU 2006-042 AWARD OF CONTRACT TO HAWK CONSTRUCTION IN THE AMOUNT OF $31,025 FOR THE INSTALLATION OF A MASONRY FENCE AT LIBERTY PARK - RESOLUTION NO. 2006-043 B.2 B.3 B.4 COUNCILMAN WHITSON MOVED TO APPROVE THE CONSENT AGENDA. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. . . . City Council Minutes Page 10 of 18 C.O PUBLIC HEARINGS There were no items for this category. D.O PLANNING & DEVELOPMENT There were no items for this category. Mayor Trevino moved Agenda Item F. 1 to this point in the agenda. F.1 GN 2006-040 CONSIDER A RESOLUTION IN SUPPORT OF CAPP EFFORTS TO CONTRACT FOR LONG-TERM CAPACITY FOR ELECTRICAL POWER NEEDS- RESOLUTION NO. 2006-044 APPROVED Ms. Karen Bostic, Managing Director, introduced the item and Mr. Geoffrey Gay, Attorney from Lloyd Gosselink, explained the proposal. North Richland Hills is a member of the Cities Aggregation Power Project (CAPP). CAPP has the ability to take ownership to take title to power. The CAPP Board is evaluating an opportunity to fix a stable price for one-half of CAPP's total energy needs for ten years. The commitment would involve contracting for the output of a coal-fired facility and preparing capacity costs associated with a coal plant. CAPP would be required to issue bonds with the proceeds fulfilling the prepayment obligation. Member cities interested in pursing the long-term coal generation option are being asked to pass a resolution to show support of this project. The resolution does not bind the members but will indicate good faith intent of the CAPP membership to contract with a coal supplier assuming that favorable terms can be negotiated. In response to a question from the Council, Mr. Gay addressed the environmental impact of coal on the air quality. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-055, GN 2006-040. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. . City Council Minutes Page 11 of 18 E.O PUBLIC WORKS E.1 PW 2006-015 AWARD OF ENGINEERING AGREEMENT TO SCHRICKEL, ROLLINS AND ASSOCIATES, INC. FOR THE BOULEVARD 26 INTERSECTION IMPROVEMENTS (GLENVIEW DRIVE AND RUFE SNOW DRIVE) APPROVED . Nature of item is to consider awarding an engineering agreement to Schrickel, Rollins and Associates, Inc. for the development of the standard details and design of improvements to the intersections on Boulevard 26 at Rufe Snow Drive and Glenview/Blaney. The project is the first capital improvement project that was part of the South Grapevine Highway Corridor Study. The improvements will follow the recommendations from the South Grapevine Highway Corridor Study and provide streetscaping and landscaping improvements. An Engineering Selection Committee comprised of members from the cities of Richland Hills and North Richland Hills reviewed the qualifications of the submitting firms and is recommending that Schrickel, Rollins and Associates has the best understanding of the needs of both cities. Mr. Mike Curtis, Public Works Director, presented the item and presented the recommendation of staff. In response to a question from Council, Mr. Curtis addressed the design and construction phase timeframe. COUNCILWOMAN COMPTON MOVED TO APPROVE PW 2006-015. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.O GENERAL ITEMS F.1 GN 2006-040 CONSIDER A RESOLUTION IN SUPPORT OF CAPP EFFORTS TO CONTRACT FOR LONG-TERM CAPACITY FOR ELECTRICAL POWER NEEDS- RESOLUTION NO. 2006-044 APPROVED . Item was moved forward in the agenda. . . . City Council Minutes Page 12 of 18 F.2 GN 2006-028 ALTERNATIVE RETIREMENT PROGRAM TO SOCIAL SECURITY FOR PART-TIME EMPLOYEES- RESOLUTION NO. 2006-025 APPROVED Nature of item is to consider allowing part time employees to contribute to an alternate retirement program instead of social security. Public Agency Retirement System (PARS) offers an alternate retirement program that meets federal requirements. The program benefits both the employee and the City. Under the PARS plan, the employee's contribution will remain the same as it is under social security and the City will contribute the remaining 1.3% for the total required 7.5%. Benefits to employees from enrollment in PARS versus social security are: 1) PARS plan participants are fully vested from day one while Social Security requires contributions for a minimum of 40 calendar quarters before the employee is eligible to receive any Social Security retirement benefit; 2) A participant who separates from the City may receive the contributed funds as a lump sum or rolled over to an IRA or other qualified retirement plan that accepts rollovers; 3) PARS contributions are pre-tax dollars and social security contributions are post-tax dollars; and 4) Contributions to the PARS plan increase account balances without limit. Resolution No. 2006-025 will establish a PARS trust, including the PARS Section 457 FICA Alternate Retirement Plan for part-time employees. Mr. Patrick Hillis presented the item, the recommendation of staff and answered questions from Council. COUNCILMAN WHITSON MOVED TO APPRove ReSOLUTION No. 2006-025. COUNCILMAN TURNAGE SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.3 PU 2006-037 AWARD OF THE PROFESSIONAL SERVICES CONTRACT TO LOPEZ GARCIA GROUP IN THE AMOUNT OF $117,150 FOR THE BOULEVARD 26 TRAIL PROJECT - RESOLUTION NO. 2006-045 APPROVED . . . City Council Minutes Page 13 of 18 Nature of item is to consider awarding a professional services contract for the design and construction of the Boulevard 26 Trail, (formerly City Walk Trail) located along the drainage corridor between North Hills Hospital and the City Walk development. Staff is recommending award of the contract to Lopez Garcia. The project is an approved Intermodal Surface Transportation (ISTEA) Enhancement project and is a primary trail connection in the City-Wide Trail System Master Plan. Ms. Vickie Loftice, Park and Recreation Director, presented the item, recommendation of staff and answered questions from the Council. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-045. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.4 PU 2006-038 AWARD BID FOR MINERAL LEASE OF NORTHFIELD PARK- RESOLUTION NO. 2006-036 APPROVED Mr. Bo Bass, Assistant City Manager, introduced and summarized Agenda Items F.4, F.5 and F.6. Mr. Bass recapped the history of the gas drilling ordinance and the mineral leasing of city property. The City advertised in February/March 2006 that the City was interested in receiving bids for mineral leasing at Northfield Park, Richfield Park, Fossil Creek Park and Linda Spurlock Park. Each park received two bids from gas drilling companies. In April 2006, the City Council held two mandated public hearings and approved the use of these parks for mineral extraction purposes. The first lease is for a mineral lease consisting of 32.769 acres at Northfield Park. The second lease is for a mineral lease at Richfield Park consisting of 42.49 acres. The third lease is for mineral lease and drilling at Fossil Creek Park, consisting of 44 acres and the mineral lease of Linda Spurlock Park consisting of 14.5 acres. Terms of the leases include a signing bonus of $2,500 per mineral acre and a 25% royalty on all natural gas produced. The signing bonus will be paid up front upon execution and the lease term is for two years. Staff is recommending the Harding Company be awarded the bid for the mineral lease at Northfield Park. Mr. David Herter, J.P. Morgan and Chase, and the City's Mineral Asset Manager, was available to answer questions from Council. . . . City Council Minutes Page 14 of 18 COUNCILMAN WHITSON MOVED TO APPROVE RESOLUTION No. 2006-036, PU 2006-038, APPROVING THE HARDING COMPANY FOR NORTHFIELD PARK. COUNCILMAN SAPP SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.5 PU 2006-039 AWARD BID FOR MINERAL LEASE OF RICHFIELD PARK- RESOLUTION NO. 2006-037 APPROVED Information on item was presented with Item F.4. Staff is recommending the bid for the mineral lease of Richfield Park be awarded to the Harding Company. COUNCILMAN WELCH MOVED TO APPROVE RESOLUTION No. 2006-037, PU 2006-039. COUNCILMAN BARTH SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.6 PU 2006-040 AWARD BID FOR MINERAL LEASES OF FOSSIL CREEK PARK AND LINDA SPURLOCK PARK- RESOLUTION NO. 2006-038 APPROVED Information on item was presented with Item F.4. Staff is recommending the bid for the mineral lease and drilling of Fossil Creek Park and mineral lease of Linda Spurlock Park be awarded to the Harding Company. COUNCILWOMAN COMPTON MOVED TO APPROVE RESOLUTION No. 2006-038. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.7 GN 2006-034 REMOVAL, IMPOUNDMENT OF ABANDONED VEHICLES ON HIGHWAYS - ORDINANCE NO. 2883 APPROVED . . . City Council Minutes Page 15 of 18 The proposed ordinance will allow a police officer to tow immediately any vehicle left disabled or abandoned on the shoulder of a highway. The enactment of the ordinance would eliminate the mandatory 48-hour State law restriction and allow officers to remove the abandoned or inoperable vehicle at their discretion in a more timely and safe manner. Chief Jimmy Perdue presented item, recommendation of staff and answered questions from Council. COUNCILMAN TURNAGE MOVED TO APPROVE ORDINANCE No. 2883, GN 2006-034. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.8 GN 2006-041 ORDINANCE PROHIBITING MINORS' POSSESSION OF AEROSOL PAINT/MARKERS; PROVIDING NOTICE AND ABATEMENT OF GRAFFITI - ORDINANCE NO. 2884 APPROVED The proposed ordinance will allow the Police Department to take enforcement action on graffiti as well as the possession of the instruments used to create the graffiti. It would place the responsibility to remove the graffiti in a timely manner on the property owner. The ordinance contains a provision that allows the property owner to grant permission to the City to come onto their property and remove the graffiti at the City's expense. The Police Department has obtained a grant from the City's local Wal-Mart to purchase the removal equipment. The administration of the ordinance will be done between the Police Department, Code Enforcement and Public Works. Police Chief Jimmy Perdue presented the item, recommendation of staff and answered questions from Council. COUNCILMAN WELCH MOVED TO APPROVE GN 2006-041, ORDINANCE No. 2884. COUNCILMAN WHITS·ON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. . . . City Council Minutes Page 16 of 18 F.9 GN 2006-038 APPROVE INVESTMENT STRATEGY AND INVESTMENT POLICY UPDATE- RESOLUTION NO. 2006-039 APPROVED The City Council is required by the Public Funds Investment Act (PFIA) to annually review and adopt an Investment Strategy and Investment Policy. Several revisions have been made to the City's Investment Strategy and Policy to maintain compliance with the PFIA, respond to changes in economic conditions and improve and update general procedures. The City's Investment Committee reviewed and recommends the revisions to the Investment Strategy and Investment Policy. Mr. Larry Koonce, Finance Director, presented the item and recommendation of staff. COUNCILMAN WHITSON MOVED TO APPROVE GN 2006-038, RESOLUTION No. 2006-039. COUNCILWOMAN COMPTON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.10 PU 2006-044 AUTHORIZE CONTRACT WITH CHAMPION TURF FARMS FOR THE GREENS RECONSTRUCTION AT IRON HORSE GOLF COURSE- RESOLUTION NO. 2006-041 APPROVED Nature of item is to consider a contract with Champion Turf Farms for the reconstruction of the greens at Iron Horse Golf Course. Funds were appropriated in the 2005/06 Capital Projects budget for the greens reconstruction. The process will require the golf course to be closed from the first part of July through the middle of September. The driving range, Iron Horse Club House and restaurant will remain open to the public during the replacement of the greens. Mr. Larry Koonce, Finance Director, presented the item and the recommendation of staff. Mr. Dale Folmar, Eagl, discussed the reconstruction of the greens and explained the need to close the entire course during the process. . . . City Council Minutes Page 17 of 18 COUNCILMAN SAPP MOVED TO APPROVE RESOLUTION No. 2006-041, PU 2006-044, AUTHORIZING THE CONTRACT WITH CHAMPION TURF FARMS. COUNCILMAN WHITSON SECONDED THE MOTION. MOTION TO APPROVE CARRIED 6-0. F.11 GN 2006-044 CONSIDER APPOINTMENTS TO BOULEVARD 26 OVERSIGHT COMMITTEE APPROVED The terms of office for the Boulevard 26 Oversight Committee run from June 1 st through May 31st. The committee consists of members from the cities of Richland Hills and North Richland Hills and one at-large member elected by the Committee. JoAnn Johnson and David Whitson have been serving from North Richland Hills. Staff is recommending the reappointment of Councilman Whitson and the appointment of another member of the City Council to replace Ms. Johnson. Mr. John Pitstick, Director of Planning & Development, presented the item. COUNCILMAN WELCH NOMINATED COUNCILMAN WHITSON AND COUNCILMAN TURNAGE TO THE BOULEVARD 26 OVERSIGHT COMMITTEE. COUNCILWOMAN COMPTON SECONDED THE NOMINATION. NOMINATION WAS APPROVED 6-0. F.12 INFORMATION AND REPORTS Councilwoman Compton made the following announcements: City offices will be closed Monday, May 29, in observance of the Memorial Day Holiday. Garbage will be collected by Allied (Trinity) Waste Service. . . . City Council Minutes Page 18 of 18 The City of North Richland Hills continues its free spring concert series at Green Valley Park, 7701 Smithfield Road. The next concert will be "Fishing for Comets" and "South Austin Jug Band" starting at 6:30 p.m. on Friday, June 2nd. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6620. Dan Echols Senior Center will hold an indoor rummage and craft sale from 8 a.m. to 4 p.m. on June 16. To rent a space or for more information, please call 817-281-9267. Kudos Korner - EMS/Firefighters Scott Gray and Jeff Peterson, Fire Department - A letter was received from the EMS Medical Director thanking Scott and Jeff for their assistance and support at the Annual Texas EMS Conference in Austin. The two represented our City proudly and exhibited professionalism and confidence in their presentation, the letter said. F.13 ADJOURNMENT Mayor Trevino adjourned the meeting at 9:47 p.m. Oscar Trevino - Mayor ATTEST: Patricia Hutson - City Secretary . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: John Pitstick Council Meeting Date: 6-12-2006 Agenda NO.B.2 Subject: FP 2006-03 Consideration of a request from Sterling Properties for approval of a Final Plat of Lot 2, Block 1, Brentwood Estates Addition and Detention Maintenance Agreement (8500 Block of Davis Boulevard). Case Summary: The applicant, Sterling Properties is requesting approval of the Final Plat of Lot 2, Block 1, Brentwood Estates Addition. A site plan was recently approved for this lot which included a retail and office center. Preliminary Plat Approval: A preliminary plat for Lots, 1 & 2, Block 1 was approved by the Commission in November, 1999. A final plat on Lot 1 was approved where the Summit Bank property is located. Current Zoning: The current zoning is "C-1" Commercial. A site plan was approved on January 19, 2006. Thoroughfare Plan: The site has frontage on Davis Boulevard, a 6-lane, divided, principal arterial with 120 feet of right of way. Comprehensive Plan: The Comprehensive Plan indicates Neighborhood Service uses. The proposed plat is consistent with the Plan. Staff Review: The Development Review Committee has reviewed the plat and has determined that it is consistent with the preliminary plat approved by the Commission. Attached is a staff memo and a detention maintenance agreement recommending that this final plat be placed on the Planning and Zoning Commission and City Council Agendas for consideration. Staff Recommendation: Approval of FP 2006-03. . Planning - Location Map ~ Ii L---l~~- I j I </ i T~n I [~--1 l -=1-~ ~- //:// -~?I~-;-~m--J ç:l~::~~i [~ I,;~]I ".// /:/ I ~,~ '/"l),.,~-{j-~ .' / ~=J r-~ I J /' '¡' "",.r-' /', ~~ -~ / -1. I -~ ~}- 'r ~l ~ -11~--~' «\ì1 .//:~j~/~,/ ----I I \ '~ I / Qj / '~,-_ \ \ \ ¡ , :'.f:? / ~:\ \\ )_ // :¡ _, ¡ II / Q~L__ - -' "- 'L 1---- ----- -":: I //-"r/"\ (;---, '/ /Z. -\~ -il t~ // ì ;:~; 1--1 /---~ _l~_______LJ l--Ll.._______ // _.-5hadv Grove RQª-º_ 1- _u__~ / / / ----1 . .....-----.----.-¡" //- _J -- l__________ North Tarrant Parkway - j N ,~ ~4'~ w ~/ --;;..- E ,.. ~:.-( V s NRH FP 2006-03 Final Plat Lot 2, Block 1 Brentwood Estates Addition Prepared by Planntng 3/16/06 ILJLj-¡ Fe~t o 100 200 400 . . Public Works Sign Off ~I~H CITY OF NORTH RICHLAND HILLS MEMO TO: Carolyn Huggins, Plan.'lng Coordinator FROM: Gregory Van Njeuwenhuize, P.E.. Assistant PubHc 'Narks Director SUBJECT: FP 2006-03: Brent\.vooc1 Estates. Block 1. Lot 2 DATE: May 8.2006 The Public \\lorks De;:>artnlent tlëJS revfewp.d the rnost recent revision of the Final Plat for Lot / of t3lock 1 of Brentwood Estates which was received on May 5. 2006. This document adequately addresses all of our previous Final Plat concerns expressed to the applicant. Therefore. Public Works recomrnends lhe placement of the Final Plat (FP 2006-03) on the next Planning and Zoning Comrlission Meeting agenda. Upon öpproval by the Planning and Zoning Conlmission. with any stipulations they may request. and the appllcétnt properly addressing a:1 outstanding issues ~t that point, we recommend tr.e placement of these docunlcn:s on the subsequent City Council agenda. . Please note tha: comments franl other rnenJtJers of the DRC may still be outstanding; the above comments encompass only the comments of the Public \-\forks Departlllent. I .:./ . /~ LlCtil (.;'tdt¿é,L"t¡ 11 :';l z£ -G N¡·rr/pwm2~(}Ö-088 '" cc: VValtcr Vv' ard (via fax at 8 ~ 7 -83R-/093) Nick ~bëJrrd (via fax At 817-870-2023) M ieh ael Peeples (vJa fax at 21/1- 7 31 -994(3) . . . . Excerpt from May 18, 2006, Planning & Zoning Commission Meeting Minutes FP 2006-03 CONSIDERATION OF REQUEST FROM STERLING PROPERTIES JOINT VENTURE TO APPROVE THE FINAL PLAT OF LOT 2, BLOCK 1, BRENTWOOD ESTATES ADDITION (LOCATED IN THE 8500 BLOCK OF DAVIS BLVD. - 3.638 ACRES). APPROVED John Pitstick presented FP 2006-03. This property is currently zoned "C-1" Commercial. Recently there was a site plan approval on this tract for office and commercial uses. The property fronts Davis Boulevard. The Comprehensive Plan depicts Neighborhood Services. The proposed plat is consistent with the plan. Staff recommends approval of FP 2006-03. Ken Sapp, seconded by Don Bowen, motioned to approve FP 2006-03. The motion carried unanimously (5-0). . 'i:;:'-r~ ... ~ ..~::~ ' . . ','I,'J,., Final Plat ~--;;- .... .-... .,. -,...... .. .... ". ..... - ."-. ..... . -.....O' ., _. _.~. .41 t:n!'f ....... ,,, .'. .... ... .... " ...... 'v.....!· '_.' . '..._ . ._. . _........... ..~..._.._ ..... ............ _·._.,1 ~ ....... .. t'.~.. ,. _.......... _\.f, "Le' ............'" .... _ ~._ .... ...:"__ ... '.. "" ...... .......... it·.... -'"" ..... ....... ._ .__ ____'; ....,_ .__,,, ... - -.. ...~.-. ....... -- ... ,-_. -.".....-- . .......__.".... '.. ..."_. ~"'.' ..... .w....,..-.··.... t .... ..~ "" ~.... _....... _.. ~. .',,!" .. -t..~ ., ",,,,' r .... .... ~{ ""'~_''''. ;''''. , _._, .._ .... -,. .... ·.-..·.........t ..:.~, ," :,""....., ',... _'''' "....... ..... ...... .........., "'.. ......_.. '.," ,....... .'W .. _.. ...:...... '", ~ ; ,,'....... ~ . .. ;... '. '.... .o>'t .:.... . .....' .. _h "., .' . _.. '.to ..,..1.....-'. ,..... .. ....' "'h.· ........'.., ..~. ,. ......' _.. :w:....-..;...,._..., HHENTWOOD ESTATES LOT :.~. BLOC K . Detention Storage Facility Maintenance Agreement DETENTION STORAGE FACILITY MAINTENANCE AGREEMENT KNO\iV ALL MEN BY THE=SE PRESENTS THA T· V\lHEREAS, by plat denoted as ª-cefltwood Estates: Lot.2 of BloCk 1 C"Brent\vood Lot 2") aporoved on June 12. 2006 by the City Council of the City of North Richlar:d Hilts. Tarrar~t County. Texas. Sterling Properties .Jomt Venture was permitted to aevelop the sIte described thereon jn accordance with ~uch plat: and \/VHEREAS. such plat reqUires construction on the property legally described as Brentwood Estatªs: Lor 2 of Block 1 which includes the developrnenl site or a facility to provide a stann water detention facility ("Detention Facility") tor the develooment of BrenhvQod L:>t 2 ~o rninlmize potential fi?oding of downstream property' and WHEREAS. the City is willing to permit Sterling Properties Joint Venture to construct a Detention FacIlity In accordance with plans approved by the City, ofovided that Sterling Properties Joint Venture agrees to maintain such Detention Facjlity NOW. THEREFORE, Sterling Properties ...;oint Venture at Its sole cost and expense agrees to the fo1/owlng Adhere ~o the requirements of Ordinance No. 2624. 2. Construct the Detention Facility in acccrdance with plans and speclf!cations r:ipproved by the City ,j. Construct the landscaping in äccorcance with the Landscaoing Plan and Included as Exhibit ·'A". 4 Maintain the Detention Facidty in a prudent manner to minImIze soil erosion. . 5. Be responSIble for the following. ;) Keep ç;rass and vegetation mowed and rnaintained in the Detention r- acility and all areas around the Detention Facility contrcJled by Sterling Properties Joint Venture based cn the following schedule once every three (3) weeks between fv1arch 1 st - April 10tn and between Octcber 1 st Novemoor 15th once every other week during the growing season between April 10H"'I October 1 s:: b f h0. uokeep and replacement of ;} landscaping :'1::':;f:t ~ :Jf .: Br~ril"""GOd ~3:¡:;fH::> :.")(:: ;;f B,'e;:;: ~ ¡rCvlsed 05/30/2006.1 . . c. KeepIng the Detention Facility free frorn trash and debriS. d. Any necessary dredging or silt remo'Jai frorn the basin and/or inlet and outlet structures e Repair and replacement of decorative fencing. Any 'specialty" Items not covered by any other party. g. Ail necessary grading to insure that detention basins drain completely. 6. Should Sterling ?roperties Jomt Venture! or the then curren: owner of the property described herein, fail to remedy any inadequacy In its maintenance of the Detention Facility withm twenty (20) days of receipt of written notice from the City, the City rnay but shall not be obligated. to provide such maintenance That it shall reasonably deem necessary and all C05~S thereof shal be reimbursed to the City by Sterling Properties JOint Venture. or the then current owner of the property described rlerein! upon writ1en demänc..i therefor. If Sterling Properties Joint Venture. or the then current Dwner of the property described herein. falls te so reimburse the City within ten (1 O) days of such written demand. the City shall have a lien against Brent\vQod Lot 2 for such arnount. By acceptance of this Agreement. the City agrees to execute a certIficate (addressed to the party requesting same) within ten ('10) days of written request therefore, stating whether or not any 3mounts are due and oWing from Sterling Properties Joint Venture. or the then current owner of the property described herein, pursuant to this Agreement . ì The agreernents made herein shall be binding upon. the then current owner and shall be a covenant running with the land. 8. In the event Sterling Properties JOInt Venture sells Brent\vood Lot 2 Sterling Properties Joint Venture is then reeased of this Agreement and the :hen current owner snail assume all responsibilities at this Agreemen!. Executed this the ~__ day of ~ Title: ,:::;age 2 of .: 2rpnr-å'ond Estatf:.') 1.0: 2 of Block 1 : re v;se~ 05/30/2006) . . STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this aay personally appeared Reza Mirzadeh~ Managing Partner of Sterling Properties Joint Venture known to nle to be the person whose name IS subscribed to the foregoin:;} instrument. and acknowledged to me that he/she executea the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE. on this the ~.''5.r' ,jay of '/~,i'l{_. . 20{~C.___ /,"'--- ~l -/" -'~( -~ :...~ __.f, , ---c:- ó--. ~ ~ ....,-{.. '"' :_ ~ l '-_' .....I -".,. ,.-- .-¡ ,.. ./ .' Notary Public in aflC for the State oTl exas Type or Print Notary's N"'arne r --a. .. . ~ 1 " '. /~~-:'\ ,-'iLL..~RY GEORGE ~ My Comn11ssIcn Expires. --~--------·1{.~~.' .'':_ .;.l \!.IOiARY P..UB. L.iC '''...;:''. :~..¡ S~i~TE ~:F TEXAS . ~~4 '.11IJ.J.'Tl:n :'0. ,;6.!).~-2Ijl)oj CITY OF NORTH RIcm-~r¡HILLS: . . By Cscar Trevino. Mayor ATTEST: Pôtricia ~utson. City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples. Attorney for the City APPROVED AS TO CONTENT: Mjke Curtis. P.E. Public V'Jorks Director P3ge ] of -+ 3rentwDod Estates Lor 2 0; BioCk : .'·(c·vls0d 05/30/20U6) . . Exhibit A Detention Facility Landscaping Plan --- t---'--- . 1-----, II - PLA~! .S~_~EE_lJLE _J_. _. ~- I .:'::=-'--======::::L_-=-' ..¡---.- . "1:': H~:.S. HOI"h,I:·'\l :"\)'.1'/ü'j ":..:i. -~=, Gal ie l····"··..·~... : >( : ~,l:( [J ~ Ll.oct.....r:'" ;.it:i.:t"IM ./ ....."-........1' (;,:1 j :;n:ress . -----....- J-COI C;:(:~-''.·) .:::,\.£¡:;~ $IZ£ LJ ;~I\~':':-~ :.;c'~'~~2~~~It,,~~ tHtHt¡ : --II I :t~ I i' .'~:rt ~ -l--J- I ,í >-;-::.'. ,._ ..-.... ~'~~~'.'. .... :~ ._...... .. ...-.-·......~.;~....,.~:~I.~&~\tl)· ~ 172· ... ".. . . ..,." ~~. -~,.. '. q'. ~,P.:....~ .... ...1' ..,.'\.. ·.É;:·~S\·:7'·· . -. 7 -t-.¡. ·;{:iJ-t*fr-i:'}:-(·L.i~_-~~)i . ..:L _ . I': !ø.;...~... \ .\:...0..,'>"".......... ">oa;a. .:. ..' .......... r~~"""" \. . ' y / JIIì,{,~ill-l~ ~t '. .~.~ ,. -----~--:- '-.:- ~::~~'-Y Ii 'W'''';U'"' _ j ·'L!^;;~~--:·~,::~··· ··1 I DAVIS BLVD. I . _......I___....__..!....___._... L_....--=--".. _., _---L---~=::_ . . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 6-12-2006 Agenda NO.B.3 Subject: PW 2006-016 Approve the Abandonment of a Portion of a Sanitary Sewer Easement located within Brentwood Estates, Block 1, Lot 2 and authorize the City Manager to execute a Quitclaim Deed - Ordinance No. 2888 The proposed sanitary sewer easement abandonment lies within a tract of land immediately north of the Summit Bank at the northwest corner of the intersection of Davis Boulevard and Shady Grove Road. The easement was originally dedicated by separate instrument and recorded in Volume 14902, Page 259, Deed Records, Tarrant County, Texas. A Final Plat for this tract of land (Brentwood Estates, Block 1, Lot 2) is being considered for approval at tonight's City Council Meeting. Currently, a 15 feet Sanitary Sewer Easement exists on the southern portion of this property perpendicular to Davis Boulevard exists; this easement extends approximately 150 feet into the proposed Brentwood Estates, Block 1, Lot 2 (Brentwood Lot 2) off of Davis Boulevard. The public sanitary sewer proposed for this easement was never constructed and as such, the easement has not been used. The current developer of Brentwood Lot 2 has provided the City with plans to construct a public sanitary sewer within a portion of this previously dedicated easement. However, the northwestern 28.14 feet of this existing easement will not contain sanitary sewer and this 28.14 feet portion also conflicts with the proposed building development on this lot. Therefore, the current developer desires for this northwestern 28.14 feet of this easement to be abandoned by the City. As there was never a sanitary sewer within this easement, this northwestern 28.14 feet of easement is not needed or necessary to the Public Works Department. Recommendation: To approve Ordinance No. 2888. J'I i~H ORDINANCE NO. 2888 AN ORDINANCE ABANDONING A PORTION OF SANITARY SEWER EASEMENT LOCATED ON LOT 2 OF BLOCK 1 OF BRENTWOOD ESTATES, IN THE CITY OF NORTH RICHLAND HILLS, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF SAID PORTION OF EASEMENT; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DA TE. WHEREAS, the City of North Richland Hills is a home rule city 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 City no longer requires a portion of the sanitary sewer easement originally created in an instrument recorded in Volume 14902, Page 259, Deed Records, Tarrant County, Texas, which easement is depicted on Exhibit "A" hereto; and WHEREAS, the City Council of the City of North Richland Hills, after careful study and consideration, has determined that the northwestern 28.14 feet of the 15 feet Sanitary Sewer Easement located on the southern portion of Lot 2 of Block 1 of Brentwood Estates, in the City of North Richland Hills, Texas is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit; and the public would be better served and benefited by the vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said northwestern 28.14 feet of the 15 feet Sanitary Sewer Easement located on the southern portion of Lot 2 of Block 1 of Brentwood Estates, the City desires to execute a quitclaim deed releasing all title, ownership and control of the northwestern 28.14 feet of the 15 feet Sanitary Sewer Easement, to the owner or owners of Lot 2 of Block 1 of Brentwood Estates; NOW, THEREFORE, . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HillS, TEXAS: . . . Section 1 : THAT the northwestern 28.14 feet of the sanitary sewer easement located within Brentwood Estates, Block 1, Lot 2, North Richland Hills, Tarrant County, Texas, which easement is described in an instrument recorded in Volume 14902, Page 259, Deed Records, Tarrant County, Texas and depicted on Exhibit "A" hereto is hereby abandoned and discontinued. Section 2: The City Manager of the City of North Richland Hills, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the northwestern 28.14 feet of the sanitary sewer easement located within Brentwood Estates, Block 1, Lot 2, North Richland Hills, Tarrant County, Texas, which easement is described in an instrument recorded in Volume 14902, Page 259, Deed Records, Tarrant County, Texas. Section 3: This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED this 12th day of June, 2006. CITY OF NORTH RICH LAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George Ä. Staples, Attorney . . . Exhibit "A" to Ordinance 2888 P.91 "Ay-ag-28Ø~ 81:41 AH r.u. ., ... .... 1,7;.....-,; . P. ~~1!."" PropOMCl POINT or .... C ~ BIGINHIRG FOR /.~, . '" Lot 2, Block 1 DIISCRIPTIQN ". ~~ ~ ~ Brentwood Estates I ~I"" " ~~.~ ..ww. .. .... .... I I " ~ ~~ ....... ta .. .... I " I rL~ ' - =:'~I I .~~~ Itt.~..... ~~... I --~~ ~~, "'v -, '" " " ® IICUa J.." Lot 1. Block 1 ~b ~ # ~ "f ~ . I: ~ttT ~ ~ ~ct '" " '" FIELD NOTES FOR PORTIOH OF EASEMENT TO 8E ABANDONED. BEING A PORTJON OF A SANITARY SEWERS EASEMENT HAVING A WIDTH OF 15.0 FEET ~ND BEING orSCRIBED IN AN INSTRUMENT RECORDED IN VOLUME 14902, PAGE 259. OF THE DEED RECORDS. TARRANT COUNTY. TEXAS. SAID PORTION 8!INC HORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, BEGINNING THENCE THENCE THENCE THENCE at th. .ost westerly corner or said eassment. said point. bein<: N. ]00-J91-3.,,, £. 17.80 feet., and N. 59°-20'-18- W. 152.24 feet froG thQ .ost ea.terly corner of Lot 1. Block 1, Brentvood EstatRs Addition tQ the City of Noc~h Richland Hills, as shown on a ptat recorded in Cabinet A, Slide 6145, Pllt Records, T~rr~nt County, Texa., N. 300-39'-4211 £. 15.00 feet to a point for carner; s. 590-20'-18" E. 28.14 feet along the northerly line of .aid .~88.8nt to . pain~ in sa.e,; s. 300_191-42- w. 15.00 feet to a point in the 5au~herly of ,aid ease.ent, H. 590- 201-1S- W. 28.14 teet along said southerly line to the POINT or ~EGINNINC, án~.c~. ·~.[~i.r.~ 422+/- aquara f.Ðe ~ . . . EXHmIT A . . . QUITCLAIM DEED STATE OF TEXAS § § COUNTY OF TARRANT § KNOW All MEN BY THESE PRESENTS: For and in consideration of the sum of Ten Dollars ($ 10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City of North Richland Hills ("Grantor"), does hereby bargain, sell, release, vacate, and abandon and forever quitclaim unto: Reza Mirzadeh ("Grantee") and any and all of his heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the northwestern 28.14 feet of the sanitary sewer easement located within Srentwood Estates, Slock 1, Lot 2, North Richland Hills, Tarrant County, Texas, which easement is described in an instrument recorded in Volume 14902, Page 259, Deed Records, Tarrant County, Texas, and depicted on Exhibit "A", attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all Grantor's right, title and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this the 12th day of June, 2006. CITY OF NORTH RICHlAND HillS, GRANTOR BY: Larry Cunningham, City Manager ATTEST: Patricia Hutson, City Secretary Approved as to form and legality: George Ä. Staples, Attorney Brentwood Estates Block 1, Lot 2 North Richland Hills, Texas CITY SEAL . Exhibit "A" to Quitclaim Deed "AV-.9-2eø~ ea :41 A" p.el " ~'b Ii. ~ ¡qO "f ~ . ~ ~ttr ~ ~ ~., .. .... '" .... .... t,~""/ . R ~Yl!..'" PropOMd. POINT or · · ~ BIGINMIWG FOR /.~, ." Lot 2. Block 1 DESCRIPTION"" "11!'1... ~ ..... Brentwood Estates I "- ~~ AMu. .. .... .... I I " ~ ~~ ~~-~I "-~l~~· - =-~I I .~~":£ ~~" ...,... I -~~~ It~ " "'w ~. " " '" " Lol 1. Block 1 FI£LD MOTES FOR PORTION OF BASEMENT TO BE ABANDONED. . BEINC A PORTION OF A SANITARY SEWE8S EASEMENT HAVIHG A WIDTH OF 15.0 FEET ~ND 8EING DtSCRI8£D IN AN INSTRUMENT aECORDED IN VOLUME 14902. PAGE 259. OF THE DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION 8!INC HORE PARTICOLARLY DESCRIBED BY METES AND BOUNDS AS POLLOWS. BECINNING at the .oat veaterly corner or said easement, said point beinq N. ]0°-]9'-31" E. 11.80 teet, and N. ,go-20'-1S- W. 152.24 feet froG ~h. .oat ea.terly corn.r of Lot I. Block 1, Sr.nt~ood Estates Addition to the City of North Richland Hills, as shown on a pldt recorded in C.b1ne~ A. Slide 6745. Plat Record.. T~rc~nt County, Texa., THENCE N. 300-39.-4211 £. 15.00 feet to a point for corner; THENCE S. 590-20'-18" E. 28.14 feet along the northerly 11ne of .aid .~&..ent to . point in sa_et; THENCE $. 30o-39'-42Ø H. 15.00 feet to a point 1n the 60ulherly of said ease.ent, THENCE H. 59°- 20'-1S- W. 28.14 t.et along said southerly line to the POINT or ~EGINNING, ana. <:~"".[5t.r.; 422+/- squar. E.n', -. EXHmIT A . . . CITY OF NORTH RICHLAND HILLS Department: Public Works Presented by: Mike Curtis Council Meeting Date: 6-12-2006 Agenda NO.B.4 Subject: PW 2006-017 Award of Bid to JLB Contracting, LP, in the amount of $655,910.84 for the Construction of the Simmons Drive (Mid Cities Boulevard to Grand Avenue) Project On June 2, 2006, a Bid Opening was conducted in the Pre-Council RQom at City Hall for the Simmons Drive (Mid-Cities Boulevard to Grand Avenue) Project. This project was designed by Schrickel, Rollins and Associates, Inc. (SRA) and is identified in the 2005- 2006 Capital Projects Budget. During the project's advertisement time period, seven (7) contractors picked up construction documents from SRA's office; however, only three (3) of these contractors bid on the project. The 3 bids that were received are shown below. Name of Contractor JLB Contractin ,LP Conatser Construction McClendon Construction Total Bid $ 655,910.84 $ 692,621.00 $ 840,946.00 City staff and the City's engineering firm were surprised at the limited number of bids received for this project. In recent paving projects we have received twice the number of bids. The City's standard advertising and bidding process was followed and staff was not aware of any conflicts with TxDOT letting schedules. Simmons Drive has basically two (2) distinct sections. One section is between Grand Avenue and Walker Creek Elementary School and the second section is between Walker Creek Elementary School and Mid-Cities Boulevard. The first section, which will be alongside the future Library and completely located in Home Town, will be a new 31 feet wide concrete section with 14.5 feet wide sidewalks. This section of Simmons will be constructed entirely to Home Town standards. The second section is along the perimeter of Home Town and will be a 40 feet to 48 feet wide concrete section with 4 feet sidewalks. Since this section is not located in Home Town it will be constructed to city standards. The project also consists of new retaining wall construction at Smithfield Road and Acorn, as well as retaining wall modifications along various sections of Rufe Snow Drive. SRA has provided the enclosed letter of June 5, 2006 along with a full bid tabulation; SRA recommends award of the project to JLB Contracting. Construction is planned to begin approximately 10 days after approval. The section of Simmons adjacent to the Walker Creek Elementary School will be constructed this summer while the school is closed. . . . There are sufficient funds available for the project. A signed Conflict of Interest Statement is on file at the City. Recommendation: To award the bid for the Simmons Drive (Mid-Cities Boulevard to Grand Avenue) Project to JLB Contracting, LP, in the amount of $655,910.84. . Excerpt from 2005/06 CIP Budget 13 Jul 05 10:55 GJS_0527 S_Simmons-midcihes to new library.ffixd 1~ :;¡ ~ ¡ I f _---.J I ~l"f 'Iii ª J- ~ "'0 ~n:: !lw i ~ .... ---J ! t- -u ! z i Ü -w in:: =Q.. ! ¡ ~~ ¡ ç¡}~ ¡ .J-~ Simmons Dr. (Mid..Cities to New Library) M\D-C\TIES BLVD l' ! I oc a Cf) z I:·' :il~~-~l:C . \ /~,t· ' \'fÄ~ ",è~:=j ~r'~ \(f.?ropO:~ future !! \.\ Streets) ~ ,i \0 "<..:...:/ : ~~V/ /:~..:'.~"""'): ) - \~ . " t1 ,. '~ r¡:=:·==-==S I ~, (F:roposed Future Streets) ,:i:~_~-=·_~~,~rl .:1 _.~. / .--...-.-...----.------.------.. ~ ~ èñ ~ w4f" . s i -- N@RTH RICHLAND HI L LS Project Locator Map _ . & ___ .._- - __..__._-J ", Simmons Dr. (Mid.Citìès to New Libra~) § {v x:-~-.x:. ~~ ~<t; I};.~ (j ,. ..0 SC1Ie: 1" 800' WOllT1a11On Set\ltCIU Depanmltf1l - <;IS 71 . . . . !.,~~ Schrickel, Rollins and Associates, Inc. land5rclrp. Architecture . Civil ~ngin('crìng . Planning . June 5, 2006 vi L klr \ \'. R.I\ ~('r. :\Sl.\ ~l'nI L Ht'~lc\. ·-\5l·-\ (<;'~'P¡' f. Hr..dlt,,·, I'~ D. ßr,.ml CcI';'\'."l'II, I'~ Tem r. Chl·('k ..1,$lA rem E. C:.Jlk'ndl'r DirKI I. krr,illi. I'~ lJ,mit, H. I t..rlm,l!!. pf I k·:ht'r: \\'. II.rq, ,\~ A s,,1I1!1I('(1 P. 1,11 h,.... Jr.. Pf I{c .(__(1 M. Olt". f'( .\lh~·fI \ V RI)II¡Il~. PE Chri~(.'n Slhnì~(.'f. PI: S\Jl.ll1l'\(' C S\\(.'d':.~~l.')" CI ¡ I1T T. \\'oÎ10(rI. '\Sl.-\ Mr. Gregory Van Nieuwenhuize. P.E. Assistant Public Works Director City of North Richland Hills 7301 N.E. Loop 820 North Richland Hills 76180 Ct'.'1l: ,-¡chrllh'; I J ~! - - .!{)O.; I RE: Simmons Drive Mid-Cities B~vd. to Grand Ave. Project No, 06-1315 One June 2, 2006 we received three (3) bid proposals for the Simmons Drive project in North Richland Hills. Texas. The low total amount bid was submitted by JLB Contracting, LP of Fort Worth. Texas in the amount of $655,910.84. There were seven sets of contract documents picked-up and distributed on this project (the list of plan holders is attached). JLB Contracting has performed satisfactorily on similar projects in the past and is well qualified to perform the work on this project. We therefore recommend the contract for the Simmons Drive project be awarded to JLB Contracting, LP in the amount of $655,910.84 at this time. Attached please find a tabulation of all three bids and the original bidding documents. Yours truly. SCHRICKEL, ROLLINS AND ASSOCIA rES, INC. ~11A~M Sanford P. LaHue, Jr., P.E. 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I ï I~ 81§¡..,tD I~' I· 1&>18 :8 8 gl~~z '-t ;~ :~.~~ M -t:~ ~I:~ ~ i¡ffi ~ s S I ,...." 000 a 00 I i I 10 i !clo ~ ~j.,.:2. ~ _J\.) ....... ¡_...... - -t I\.) ~~IO t/) 8 èS!ð!~ ~ 8 8i8'" ~ -.. ._- -. - -.---"-- 0 : 'Z . ' i~ ~!fA fA ~:u ...¿ "" ...... 0 : C i§'§§ ¡r!O I~ú~ 8 -!~ i ;~ : : Ic!n ~fA¡~i2. µ I\.) ..............¡- m ~ §'-8!~ ~ . " I! 0 88;81 ~ . I .0 ~ !~¡"'I:...II·J ~ ¡§I§.§,.¡¡~ g ¡81g;8! Iz ~ g k '" ex» o iIt (J) t :.., N o g . . CITY OF NORTH RICHLAND HILLS Department: Budget Presented by: Drew Corn Council Meeting Date: 6-12-2006 Agenda NO.8.5 Subject: GN 2006-047 Approve Agreement with Tarrant County Tax Assessor/Collector for the Collection of City Property Taxes - Resolution No. 2006-048 Tarrant County has been collecting property taxes for the City of North Richland Hills since October 1993. During this time, City staff has continually evaluated the performance of the Tarrant County Tax Assessor/Collector and are pleased with the County's collection performance, customer service and cost savings realized by the City. Tarrant County has submitted an agreement for collection services for calendar year 2006. A copy of the agreement is attached for Council consideration. The agreement is essentially the same as the agreements Council has approved in the past. The cost to the City is 50¢ per account or an estimated $11,200 depending on how many new accounts are added throughout the year. The cost per account is the same as last year but due to the increase in accounts from last year the overall cost has increased slightly. The City will be billed quarterly by the County. This contract may be terminated by either party by providing 60 days written notice. Recommendation: To approve Resolution No. 2006-048 ~i~H RESOLUTION NO. 2006-048 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The City Manager be, and is hereby, authorized to execute an agreement with Tarrant County Tax Assessor-Collector to collect the ad valorem taxes of the City of North Richland Hills. A copy of said agreement is attached hereto and made a part hereof. PASSED AND APPROVED THIS 12th OF June, 2006. CITY OF NORTH RICHLAND HILLS: . Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Drew Corn, Budget and Research Director . . . . Agreement Page 1 of 4 COl]iVTI' OF T.ARJL.fJ\'T 9 § .I1gree/Ju!lJ( For The C'ullectiull O/'1'a.xes f\greement Jl1L!de this _____day u(__.___________.... _____----' 2006, by and bet\\'een the rrarrant County l'ax 4:\ssessoriCo(]cctor, hereinafter reien-cd :0 as ASSESSOH.lCOLLECTOR, and Tarrant County, hercinaficr refcrrcd Lo as the CO[INT~{, both of \vhorn nre ~ddre5sed at 100 E. \Veathcrford Sln:d, Fort \Vonh, T'exas ï6] 96-030 I t and th~ City of North RichI~lnl.l lIiUs. hereinaiter referred to ~s City, \Vh05e address is PO ßox 82069, North Rich1and I-!iUs, TX 76 i 82. P If RP{Jl~'/~ () J~' /1 G'REï:.'¡)! E7V1' The purpose of this I\grecnlcnt i3 lu 5ta(~ tlJ~~ h~llH~ i~Jld conditions under \vhich the J\SSESSOR/COLLECTOR. \vill p¡-oviuc asses~nlent and collection services of Ad y'alUrCIu taxes Il:vied by the City. NO\V THEREFORE, in cOJlsidcratÍcn ùf the Inutulll prù7niscs herein cO:1tained, the panics hereLo agree as foUo\vs: I. SERf/ICES TO BE PERF'ORil/ED The ASSESSeJR/C()LLEC"rüH.. agrees to ccUccl the t'l.~es due and a\ving un taxable property UPOII \\'hich the City hus inlp·)scci 5Jid l(~\C5. 11Je ASSESSOR/COLLEC1'()R. ShLlll pcnonn t.he said services in the ~u[ne 1T1aIlUCr and h15h1011 as Tíl!Tanl Cr>unty coll~cl5 its c\vn taxes due and o\vi:1g on lí~xable p:"openy sjtunted \\'ithin its boundaries, 'fhe services performed ~rt: ¡e:¡ rDllow,~: receiving the Certified l\ppr~isal [{oil frum lh~ Tan"Jnt Apprnjsal Dish·jct and l11on:h Iy chllnges thereto; providÜ:g !11ongagc cumpanics, prOpl~r{y {Hvu=rs and tax representaTivcs, tax roU and payment data; providing allncccs5nr}T ílSSCSSln~nts ofta:\cs L:nd Truth in Taxatiozl calcuhuiüns as :"cquircd; the tTansnli:1~l cfta.x slatcn1cnts via the U.S. 1\1ail or d~ct:-onic tréJIlSr~; cf data; i:Jld payrncnt processing. !\l1 City disburscrnent.s, ¡l1ad~ by check or by electronic transfer (\vire or ACž-I), for callecred lë.X accaunls v.'il! be n,ac:c to ::~C City on the d~y th~ COU'NTY Deposilory Bank indic:-!1.es the Innndato!y assigned II flOtltll pedad bas cli.~pscd and tÌ1e funds arc P~-).~lcd to the coll~ctcd bû(~nce. If any daily co]]ection tOlal is less lhun OlJe hundred dnllan; (S 1 OO.GO), th~ disburse[nent Inay be \vilhheld until the cu¡nulntive :ùtal of taxes collccted for the City equals at I~ast one hllndn~d dollars (S 1 CU.OQ), or at the :lose of the al0n!h. II. lltï'O R 1~' The A.SSESSOR/COLLECTOR \vi]] provine the City the t-ollo\ving rcpor15, if r~quested: Daily: \V~~kJy: \·lanthly: ;, Cicncrall..cdgcr Distri1:utiŒl Rcpol1 Dclnil Collcctio:1 Rcpcrt. tSulnrnary) Tu~ Rnll SllIt';1EJ~' (Tu:ü:s O!~ly) '{ cr;¡ -La - Date S un1:n Jry Report DeLniJ Colkctiol'. Rt:p.): (Sunmmry) DisLriblJti~n R~porl (S"Jrnn1ary) DcEn~¡lI(:n( TilX A:tGI n~y TJp~ Puid T¿]x Roll D~linqu~nl Tux RoJl CurrcnL Tax ~oll 1\ : 11 I ~I i~ 1 : t\ selection of ÙlC abovc list~d Reports \vill only be available by internet access. l~hc.~ A,SSESSOR1C()LLECTOIl.. \'ill pr-ovidc t.he Cily the General Ledger ReveJlue & Exµcnst~ Report nlonthly as required by Sec. ] 1.10 of the TexEs ProperLy Til.\: CDde. III L'Ol'lPE~NS..I1110J\' In consideration of the services tu be perfonn~d by the I\SSESSOfUCOLLECTOR, conlpensation for the services rerJd~r~d ì:; a rate of fifty cents ($.50) per account. ·rhe nUinbcr uf accounts \viiI be based on 1he October bil1ing ioH ce11ificd to the ASSESSORiCOLLEC:TC)({ by The T~ITart r'\ppraisal District. Nc\v accuurHs iltlded by The Tnrrant r\pprL:.isal ~istrict \vill be bjHcd to tbe entity. The l\SSESSOfu'COLLECTOR \vili invoice fer aU these Jccounls by Janu~ry 15, 2007 \Viîh paYl11cnt to 1~~ r~cc¡\'cd ii"Olll the City by February 15, 2007. . . . Agreement Page 2 of 4 The scope of services identified in this c~ntr~ct do:;:s not incluåc the administration uf a rul1back ~le::cljGn. In the c\'erìl ~}r Lt successful rollhack election, thcs~ costs incurred by the 'ranant Count)' "("ax Office ,viii be separatc])' identified, billed. ~nd p~id by the entity. Ill. A llDITS l'he t\SSESSOR/COLLEC1'OR. \vilI pravide to :Ì1c City éJudilor n~CCS5ary' ~xpl;~nalions of aI[ reports allJ acce~s tu r\SSESSOR/COLLECTOR in-house tax sy.stenl C0J11puter tenl1inals to assist the City Ll'Jditcr in verifying auèit SJf11plc.:; of the fin:ln~ial data previouslY provided by Ù1C J\SSESSORJCOLLECTOR during t.he past audit per-lod. It· the City elects to have ilc; a~ditor5 conduct a f!con1putcr systen1 assurance rCVLC\\' audita requInng ussistancl~ frulII f\SSESSOR/COLLECTOR sYStCJ11IS progranlnler~ ar:d accountant<;, the fee is $660.00 p~r cay, \vh:ch \vill be deducted frcIn :::e City's current coll~ctions al the end of the rnolllÌ1. I": TAX ll/t T£ IlEQlI1RE,'''EJVT l'hc City ,,'ill provide the J\SSJlSSORlCOLLECTOI~, in ,vriting, the City's nc','ly adopt(.~d lax ra(..~ élnd e_\I~rnpti(1I s(:hetlulc to he applicd for assc..<;sing Ilurposcs by Friday, ScptcrnlJer IS, 2006. Under aUlhorit), ofSt:ction J 1.01 0.) \Jfthi~ P:-openy "fax Code, any additional cust or prilltil1ß and ¡nailing !ax stalC(nent<; because of 1at~ reporting of the trL\: rate or th~ CXcIT¡ption schedule \\JiB be chargc¿ to ~nd mu~t b~ p~ld by tl:e City. IrÔIC City "lishcs its collection reports fa be it~ll1ize:1 n.:; to fJlé1iIltcnance (lnd cp~raticn fund and intcrest and sinking fund, then the notice itdvising of thr. l1e',v lax rate (JUI.'¡ sd out the separate fates, t):; \vell as the totn[ rrotc. rrhe :a.x rL1te and th~ exen1p:ion s~hedule for e~cl~ of the [:1sl five (5) years in \Vh1t.::1 cUI ad valnr~rl1 tn.\; \vas levied, or a;1 prior ycar.c;; \'.'here there rcrcains delinqucnt tax, nlust be fU111ishcd in \vriting to the I\SSESSORlCOLLECTOR at the ¡irr:~ n:- :,hë initial cunlraet. J/I. CO.i'fPLIA1VC£ fF/71/ /JPPLIC#1BLE STA TL'1'E'S, OR1JJI\ÙilVCES. /J¡"D REG(!L..;1 TIO.'VS III J:crfon111ng t:...c s~rvices required t:nder thi5 J\grccnlcnt, the ASSESSOR/COLLECTOR shall cor:lply \vith i:!r applicable fcdl.:raI i:nd state s!Jtules, final Court ol'clcrs and (:onlptrollcr rcgtl1í1tions. 1 f such c:on1p1i~mcc is :n:poss!bJe for rcasùl:s b~~Y~,H1d its ccnt:-el, the ASSESSOH./COLLECTOR shall inH:)t:diatcly lIotify the City of thL1t ta~t and th~ rCLlsons therefor~, '111, DE1JUSJI' 0/;' F'l/¡VDS 1\11 funds collected by the .A.SSESSORlCOLLEC:·T()R in the pcrfcrrnnncc of th~ services st~~Lcd hcr~in fur lIH-~ City 5::(111 L:~ pron1ptly transferrcd tD the account of the City at thc City's {[cpusitory hank. E[ec~ronically transferred funds rnay i~ç.¡r an :1dditiùnal fee. \vhich \vill be charged back to th~ Cily and deúucleu frulll those ccllcctcd filnds. The transfer rc~s c~LLgcd \\':11 be the santc fees clJi!rgcd to thc County by iLc; bank depository. I f the C1ty desires its tax disbLJr.sernerllS 10 h~ rll(}dc [~y clcclrvnic l:-ill1sfcr uf funùs (\\'ire) the .A.SSESSORiC()LLEC:·["C)R h:1~ no liability for the funds after ir'dtiation of the eler.lrùnic tnIIL"¡~r of" (he Ci:y' 5 funds fro:n tile COUNTY DCPQ5iH.H)' to tile Clly's designated dcpo5itory. JI J1 I. I ,\TV E~Ç; Tl\ 'I E ,VT () P' I" Lí IV D..\' The City hereby agrees that the COUNTY, acting thruugh the COUNTY Auditor, Inay invest collected ad valorcnl tax funds of the City during the period bet\veen collection unù paYJn~I:L The COLTNTY ngrecs that it \viJl invest such fund.:; in compliance \vilh tiìt~ Pub1i(; Funds InvèstJnent /\ct. ''he COU N'1'Y ÍDrther agrees that it \vill pay tu the City a]J lJllel"Cst or other canlings ~ttrjbulable to taxc3 o\vcd to the City. The ASSESS()IUCOLLECTOR agrecs to deliver to the COUNTY Auditur all ad v~1orem ta.xcs collected un bch~lf or the City for il1\'cstlllCnt on í1 tinlcly basis. ..\11 parties agree that thi5 !\grccmenI \vill not b~ . . . Agreement Page 3 of 4 ~onstrued Lo 18ngthen uie time period during 'which the COlrN·r'r' or the ASSESSOR/COLLECTOR Inay huld slIch runds b~£:Jr~ p~YlncrJ to the City. I J'\. RE"FUIVn~' [{cfunds \'.'ill bc 111ildc by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSORíCOLLECTOR \vill advj~~ the City of changes in the tax roll \\'hich \....ere J11andated by Ù1C rrillTant J\ppraisal District. "rhe I\SSESSORiCOLLECTOR \",ill not nlakc refunds en prior year paid ~ccounts unless the prior year µaid accounts for the pû5t five (5) years are provided to the I\SSESSOR/COLLECTOR, 1\11 rcfu:lds of üvc;rp~lyrn(.:nls or çITUUeUU5 payulcnts due) lJut !lot requestcd, ûnd r.s described in Scr.tioll 3 i.) 1 of the Tcxr~s Prop~rt}· l'ax Codc, \viII afler three years fTorn the d¡ïte of payment, be proportior.aLely disbursed Lo those entities cunlrac(in~ \vith th~ ..\SSESSOI{/C~C)LLEC~TC)R. '['he contract Inust have been in force, actu~l assessnlcnt Llnd co[(ecrion fur.ctiol1s bcgur: and the t~L,( account \\'a5 at the tif11e of the over ur crroncaus paYInent \vithin the Cityls jurisdiction. The proportional share is ~ascd 'Jpon ù:e Ci:y: 5 percent of the :JX :!ccount's totd }C\)' assessed at the tinll~ of receipL uf th(~ over ur erron~ollS payrne::l. III the eveu£ an}' la\\'suit regarding tÌle collccticn of t~es provjd~d for in this agrccn1cnt to \vhich City of NorÙl Richl~nd Hills is a party, is settled or a final judgolCr.t rendcred, and \v11ìch final judgfnent is II~H appealed, nnd the Tcnns of such settl~nlent ~grccmcnt or final judg1ncnt require that a refund bc js~ucd by City of North Ric;hJ~11U {-liUs to Ú1t: 1(LXpayer: such refu:aJ shall be Inad~ by ASSESSOR/COLLECT()R by debiting funès collected by f\SSESSOR/COLLECTOR on beh~lf of City of N~:-th R.ichlanJ IfIb a:~¿ re[lliUing ~uch refund to the t(:xpî~ycr in conComlity \vith 1hc tenT"¡s of the settlerllent agreen:e¡1l or final judgrnent. ,y. DELIlVQú'ElVT COLLECTJ01VS The !\SSESSOR/COLLECT'OR \vill asscss and collect the collection fee pursuant to S{;ctiuns 33.071 33.08 Hnd :;3.4~ or (h~ Propcrty Tax Cedc~ \vhcn õHo\ved. -rhe ASSESSORiCOLLEC'rOR. \viH co]lecl aUcmcy fees that arc spe~ifieJ by the City through \vriucI: agrcclnenl \vith a dt~lin~llJ~nl C()JI~(;rion Attorney. T11e f\SSESS{)R/COLLEC1'OR. \vill disburse ù:e anlOll!:t directly La the City fer compensation to a Fir!1I ullder cOHtract to the City. If th~ dclinquent ~oll~c!i~n Attorney contracted by the City requires tlltcndance of ASSESSORiCOLLECTOR personncl at t1 court u{l1~r than the District Courts in òo\vntr1\\."11 F011 \Vorth, and the COUN'l"'Y is not a party, the CI11ploycc!s expenses and proportionate snlary \vill be the respansibilily uf the City and \vill be added to the collection expenses tllld charg~à to the City. The j\SSESSORlCOLLECTC)R \vilI not be rcsponsible fer the collection of prior year delinquent acco"Jnts l1nlcss all d(;linqlh.~u( accounts infortll~t:on is provided to the ASSESSOR/COLLECT()R. "t/. TER,\I ()F A(;RB·I~J1fl:.'I\l1· This .A.grccrncnt s;:al( DeCUJI1t: elfectivc ns of!hc date hereinabove set out, and .~h&111 contin~e in effect during lh~ 2006 lax year, unless sooner tcnninJteè by providing sixty (60) day \vril1etl lI()ri~:t:, as cut]ilJ~d in parngraph XI I. }(lL I\'OTICE,~ A:-1Y notic~s to be givcn hereunder by either pm)' (0 lhl~ othcr IHa)' De C(TeC[l~dt in \\Titing, either by pcrson~1 d~livery or by nl~il\ regi5tercd or certified, postage prepaid \-'lith rC;LUffi r~(;tipt r~4ues~eù. f\1aikd lJutÎl;c5 shal1 be addressed to the addrcss 0f the parli~s as they appear in the introductolY panlgr~ph of this I\greemcnt, but ea~h pa:ty nl~lY ch~ng~ this addrt:.ss by wrincti notice il1 £:ic.;CU:Ja.~lC"; \viú, this pnrngrfJph. . . . Agreement Page 4 of 4 .4111. J'flSC1~LLAlV£Ot}S JJ1~OVJSJ{),VS rrhis instnlmcnt hereto contains the entire .Agreement bct\\'ccn th~ parties relating to the fights herein granted anò oblig{1tions herein assumed, !\ny oral representntiDns or rnodifications concerning this instrurllcnt shall he of no fence ur efTect. T¡i~ Agrl:~~I11elll shall b(~ conslnlcd under and in accordance with tJle h1\VS of the State of Texas, and ¡¡II obligations of the pa:-t:cs created hereunder are pcrfcnnablc in Tan'ant County, Texas. Tllis Agre~nll~nl shal] be binding upon and inure 10 the benefit of lhc pélnies hereto and their respective legal represen:atives and ~uccessur.s. In case anyone or more of the provisions contained in this AgrCCl11cnt shall fUf tiny reason be ht;lcJ to be inv~lid, illegal, or Llncnforceable in any rcspcGl, slIdl invariditY2 i]]~galilYJ or enforceability shaH not affect any othcr provision hereofand thi~ r\grccnl~nl shall be construed as j f such invalid, illeg~l, or uncnforceable provisions had n~ver been contained. ~rhis Agre~I1\C~nt and the ftl.!aclulI~l1b¡ heretn cunstltutes th~: sule and only agreement of the panics hereto and supersedes ~ny prior ul1ders(ar:d~ng:; or \vrh:en or oral Jgre~nlênL~ Jct'\'een the pnrties respecting the \vÜhin s'Jbject !11L1tter. Exccu:cd on th~ day ¡)nd y~ar iïrst nbove \vrilten, TÐrïant County, TC."UL". flY: RI~'1:~'}' P1l1C'E' 1if)( .~t~~I::'~SORJCOLLECTOR 7>1IlRA,VT COLi,VTY D.". T £ ¡;oOR TilE CIT], OF iVOIlT/I RIC/ILAlVD ¡IILLS: ny: Ð/i TE TITLE: ¡-"{)R 7itRRAlVT (:(JlhVTY: Bf: 1'0111 J~··.lVDt.ï{&'llll/f' TARRAIVT COlJIVTY .ll1DGE D..rj TE' .i~I'PROJIE'D ¡"'is .[(J /"()Il¡1't 'It /í/VD (~"()\!71~/VT Il J': DIS¡'RICT Ii TTORlVEY'S OF/--¡CE D,.J T£ "Ey law, :he Di~tric: Attor~eY'5 Office may only advi~e cr app=ove ccntract3 or l~gal dQCWn2nt~ on b~ha of its c1.tents. It j¡';¡y not: ad-lTlse or apprðve a contract or legal document: on behalf of other p~rtie i}u!:' r~vi~^, of t.~"1i~ dOC:\1m~nt: -..:.,.:; CQ;<r111cterl 5Glelj' from the legal per::;pecrive af our client. CUr ðppl:"O': u[ Lhi:.; dc.;c~J:Lcnt \.;ù~ ufí.;:;~cd ~ulcll' f(J~ the llcncfiL ~f uur clil::~t. Olhl:!£ pa=tie~ .:;hould not ::\.:1y ~I1 th açp~oval, a~t should SQQk =evicw and ap~rcval by their own resp~ctive at~~rneY(51. · Department: City Secretary Presented by: Subject: PUBLIC HEARINGS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda No.C.O . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: John Pitstick Council Meeting Date: 6-12-2006 Agenda NO.C.1 Subject: ZC 2006-04 Continuation of Public Hearing and Consideration of a request from Royal Building Corporation and Comis Development Corporation for a Zoning Change from "AG" Agricultural to "R-2" Residential (Located in the 6800 block of Simmons Road - 2.1759 acres) Ordinance No. 2880. Case Summary: The applicants, Royal Building Corporation and Comis Development Corporation, are requesting to rezone a 2.1759 acre tract from "AG" Agricultural to "R-2" Residential for the purpose of developing a multi-lot subdivision. The "R-2" District requires a minimum 9,000 square feet lot and a minimum 2,000 square feet house. Comprehensive Plan: The Comprehensive Plan depicts low density residential development for this area. The proposed zoning is consistent with the Plan. Thoroughfare Plan: This tract has access on Simmons Road and Amundson Drive. Simmons Road is considered a local street with 50 feet Right of Way (ROW). Amundson is a future 4-lane, undivided, collector street with 68 feet ROW. Surrounding Zoning I Land Use: North: "R-3" (North of Amundson) / single family subdivision East: "AG, "R-1-S", & "R-2" / Large lot single family development South: "AG", "R-2" / Vacant, large lot single family West: "R-2" (across drainage channel) / Vacant Plat Status: The Planning & Zoning Commission has approved a preliminary plat that includes 7, R2 residential lots. Existing Site Conditions: A single family structure and out-buildings are located in the middle of the tract. This structure is proposed to be removed with the platting of this tra ct. SUMMARY: This request is similar to the recent rezoning requests on nearby Clift Street. This tract has large lots and R2 sized lot residential development either adjacent or in the vicinity of the subject property. This request previously included an adjacent lot on Stewart Drive and was denied by City Council. At the present time, staff has received some negative inquiries from nearby property owners on this request, and a petition has been received from 20% of the adjacent property owners protesting this zoning case. However, this request does follow the Comprehensive Plan for low density residential development. Plannina & Zonina Commission Recommendation: The Planning & Zoning Commission met on Thursday, April 20 and voted 7-0 to approve ZC 2006-04. . . . City Council Hearing: This case was originally brought before City Council on May 8 with a petition of opposition that requires a super majority for approval. The applicant requested continuation of the public hearing until June 12. Staff Recommendation: Approval of ZC 2006-04 and Ordinance No. 2880 Review Schedule: Application: 1/10/06 Final Hearing: 5/08/06 Total Review Time: 17 weeks . Petition of Opposition Signatures Page 1 of 2 . re- + "\ + \ ù'f'-- R ~Q\~.s* y\ ~ u..~ c 5- ~ ~ is DO ß- \ (JCL of ~.\. ~~~"- ~ II OuJ\\.< (' ~ a\...^-~~<. ~~ àCXJÇ.+ ~ . I. ..¿,.;~ ~~Ai E c1 Þì~ '~ t 7/ J elf ~rCr/I~J ~M ~. Jl-O,JL- ÝjL7 C-rJl~(h.1£"''\\Ro"y ^-}RM ~. ~ ~~V r¿7() 1 (~C~f2J· N r< -1 1 ~~ . · ~. e ~8 CoPP~ ~'¡&u.J-.¡;¿ :Jr&I- -- ~~\...-> ~ù. ~'l \;.. ~~ Ð>-.- lltz) ~ J. .,("y. 0 . ~ \.,.. Ý\ n.. \-\ Il.. ). '8. "' I.. ------ o. . . Petition of Opposition Signatures Page 2 of 2 fJ~ ~~ ~ Jwm ff~ +-0 f2~:J. ~Jy~5 ~ / ~ ~(1bLe gJyJf ~ ~ 4: ( . ;£- ~~ P"/o!L C/~ C~Jv" ~ r:J~ 1J1-1~ 6 <øZ5 ¿~ I{d - ~:2i7: /J/Lð+ ~r tj/ fl~/fCl jJ ~/ _ _. 7~' -è Nder ~ ð'1:37 J)(J)lrù( b~ /~~r N~ ¿o/~. ~'-rH--L ~ -I?~ HbJ/}'Y2e51r/ w-hif: &¡SW &.. )(Y~ >zY~ !S'70S e<9Î/¿Æ...8Ap16'A/(f:2_- ~~)/ttU~~~ 'ð70/~_~.r../)M-V'e. ~~ ~~¿ U g7ð I ~4- ()r fJ~~ 'ð1tJ<:g ~) ~ 07d£..~ <~ ~;/ C? ~~~?Ãl-Ý./ . . Map Showing Location of Petition of Opposition Property Owners 6909 875 6908 6905 8724 ODELL 5T 6906 6900 6904 6901 6902 o~ O~ ~OS , _\..0 ~." ~~. --.....o' /' / ~/; rOY: Q':) ~)~ ~~ ~ 8õOO . 8417 6540 841684208424 8428 8432 6536 Z -.J ir 8425 8429 8433 8437 8441 ffi I (/) 6532 RANDY DR 6528 8424 652'1 6524 Petitions of Opposition ZC 2006-04 N (y) R T I I R [ (~ [-I r t\ i': [) IIrLLS i -'if; ,;,jr ,_,;J 10_:1 N í·~ i'~ P !iH If ¡II 'ÿ /, :" :;p ectôrtrì:.. L'()!.; ~;~' 1 ntc, r;õ I èi t: \.11 1 ~,::j ''/:r.: ¡~ S - c: S . 8720 87 f J 8725 STE'fJART DR 871.1 8708 8724 8620 , ¡ Ef--. .'.:"".'._':_1·~" -~ - --. 8700 87ÇJ4 ----~~-W-._·. \8701:. J i~ 705 L.:....~,.. IRONGATE OR 6609 8724 6601 6529 6528 Ll= G E r~tº Scale 1 Inch = 200 feet tl A F>roposed Developrnent Site [=:J 200 ft Buffer ;.\red Around Site D Propenles of ()wners in OpPosition ~-----:-] FJOrtlOI1 of Properties of C}wners In Opposition withlll ,---- 200' of the Site (These properties cornpnse 296'-'/;) of total buffer area) . . ____~ Planning - Location Map . f\._-( / I I I 1 I \ ì II \\... \ r-~I ' i 1:'---1," \ : " 1 "1: ! T]'--'¡-I [---1t"-~i ~c-=-- c!=¡ ~--,.LrTr]JJ--i'- r-Il:7~~~;: ____.1__ ~__Ll_ ~'._~ ,~--i /r- ~---J L_J-.J L I ¡ I! ~,- / / f-~·_·-,¡ J I ¡ I r-1Ir--r~'\... . .:-\/7''''/,' ~,' --I /r-n,-'(J-~ ~." _./--y>/-' '/, /;\~: I ~..--,~ -~ .--~j \ " , 'I I , I I I i ì \ " / / ' r~L\·\.. \ / B' ¡----¡ \l / j" \ / ,Ä,,, ¡--I ì. LJ- r----j r----\ / >/ ////~, \ )--, ---J.L: // -. B1ì' ·,---...>-L..:r/' r·-·~y~·"-(/.-~f-=il ,-. ¡ .I l--~ "T-~\'( // /~~\ \ \~\ \ I ~ ¿=-Ji,. - :. , . ~ c=J'-..'-. - I LJ / " ^~ /' ..' /,// \ \ \\ \ i~' I b=J -- l~ì ûIì_l r----1 ~ ...-z ./' '\/ \ >' //~,/' \ \ \ [' \rlì-L:JJI[[J· 1':'[ I j IIITLnl ~I-=f=~ [=C~)~)~~)~;;;:(:/' \f/\\ ¡ TT I Tl I JL1...LJ-~T-. II I r-jH¡ t .'.-..,"-.--"'1- =t ~\I //~()~~~// ..\\ ..i \ I I ¡ I ! I j I ¡ I /'--/'~ ",'J- ....;- "'./ /' \ \ ,/' -- \ M__~'-_ ---. --'-.-L-_ -~, r--", /' I '-...../ ~.\ ;/ /' \ . ."/ I TCl ~ [=a ¡~:=r / l/~/~~;;/- \\///~l / \ I ·1 I L-I ~-Fl r-, - / \ I-L~.~.~.~;5~·// ~-~~-~~~~c .~,~~~ r /./\, \: '/.< \ \/./ / \ --r ......."'" " ' r. ---(,«\'('/>\ \~/\.'-.~ \/>/ // ':/ / -' \ ._. \ '\ \ \ ! \ \//~/< \.. /,:,,-/ / /./ ___ . I ! \----\ ------.l.-l/ /\ \ /,/::>/ L ] L---cL r'r-~'~-' \ l ~=-'ì)').~~/;: ,/-- - - Co >., ~~n on Road t _~ \~- ! y--" / I \ \ ~I r----·J " \~ !. r-~-/ /",//_ ~/----r----'I'--~I-T-~¡---I- '; --:--1 \ i-' I ._~J~ ~!------1 ¡ /~___,.'-1.\ \--- I .///. /'" '" ////1) ( .... \ I L i; \ \ I ¡¡I {.........'Y./ ~----~. '\ ,..-' .././ ,/ .-'. --~---- __...J._(./ I ~-'-------'---:----" J- ~" Ic-=--= r ,/<~::// ,,/ /,/ , /,._;---, ¡--I, -\·--·----··-Iu. X \~:--n~al·tc 0j....!:.!.vTC' 'I~\ ·---It__..--,.-..-~~ F- ~'//"1 ·...../1 ./ ,/! !,! l i I --- ---\~~L . \ 'i \ \ ~/'" ¡- . -.'/~ ./.---.~-- -l'-·~-t--I' ti-1¡ ---. ¡'--T"'¡ I' ~ ---- - -\rA T-¡-r- !¡ ~/:/ ¡ -'\! ---I --j I ! i / ~.: ¡ I I! ¡! ~~.__. I, ú\, I I ~ J- 1 j \ ' ¡----1 ~._- '-1 /~h~~LI~-r-Ll"-~r;j~!¡-:ETi~ll=--ll- :.~y~~~~J~--ìl~11 ·,t=ì~~{hE)=~¡'=~ll= i ,I ~! I! II !! 1 ¡ It- ---- --.--( }\.__.-J \ \ __ ._._. . _ t ¡ ¡ .-' I I ....J! I '. r----j ,---.--., I ~ .-- m._ l.- I mil '¥ "~-L____ - - __J_ .... J F-EJ [~=:==~, \~-=~~ L=~ ~j F~ __ \..l: l;~=~, f-:--!~~! CTJ=_"J \J--- ~---] r-~L,/' N .l ...,~ ~.. w ~i"-'. ~.-. E '-r¿'~~!- V s NRH ZC 2006-04 Zon i nç] C'::ha lìç]e Request ,L\G to R ·-2 Creekside Estates Prepared by Planning 4/7/06 ~lFeet o 100 200 .:~OO . . . . r Notice of Public Hearing Page 1 of 2 NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: Applicant: ZC 2006-04 Royal Building Corporation and Comis Development Corporation 6800 Slock of Simmons Road (2.1759 acres) Location: 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 Hearinq: A public hearing is being held to consider a request frorn Royal Building Corporation and Comis Developrnent Corporation to rezone 2.1759 acres of land out of the T. K. Martin Survey. Abstract NO.1 055 (as identified on the attached map) from "AG" Agricuitural to "R-2" Single Fanlily Residential. The applicants are proposing to build single fan1ily harnes. The requested "R-2" District requires mininlum 9.000 square foot lots and minlmurn 2,000 square foot houses. Public Hearing Schedufe: Public Heanng Oates. PLANNING AND ZONING COMMISSION THURSDAY, APRIL 20, 2006 If recomlnen.cJed for approval by the Planning and Zoning Commission, this case will be hea rd by the City Council on: CITY COUNCiL MONDAY, MAY 8, 2006 Both Meetings Tinle: 7 :00 P.M. Both Meetings Location CITY COUNCIL CHAMBERS 7301 N. E. LOOP 820 NORTH RICHLAND HILLS, TEXAS ~ t . . . ~ ! Notice of Public Hearing Page 2 of 2 If you have any questions or wish to submit a petition or letter concerning the above request, please contact: Plannlfìg Departolent City of North Richland Hills 7301 Northeast Loop 820 North Rlchland Hills. Texas 76180 Phone (817) 427-6300 Fax (817) 42ì-6303 . . . Property Owners Who Were Notified Northlake Capital, LLC 2808 BrookshIre Drive Southlake, TX 76092 Leslie Ely 8700 Amundson Drive Ft. \'\forth. TX 76180 David & Kathleen Marthe 8620 Amundson Drive N. Richland Hills, TX 76180 Leland & Mary Coover 8437 Donna Drive Ft. Worth; TX 76180 Robert & Patricia Musch 8441 Donna Drive Ft. V\Jorth. TX 76180 Yvette Ga rza 6540 Sherri Lane Ft. Worth. TX 76180 Thomas & Isabel Sm.th 6825 Simmons Road Ft. Worth, TX 76180 James Armstrong 6901 t1ern1an Jared Dr. N. Richland Hills. TX 76180 Gerald & Sandra Daily 8701 Copper Canyon Road Ft Worth. TX 76180 Joan Gibson 8705 Copper Canyon Road Ft. Worth, TX 76180 William & Shirley Smith A TIN: Shirley Hicks 10986 Elizabeth Street Northglenn. CO 80233 James & Kathleen Treadway 8701 Irongate Drive N Richland Hills. TX 76180 Albert & Mary McDonald 8700 Copper Canyon Road N. Richland Hills. TX 76180 Fernando Mendoza 2109 Ridgewood Street Bedford, TX 76021 Royal Building Corporation & Cornis Developnlent Corporation 7420 Com is Or. N. Richfand Hills, TX 76180 Lydia Lois Stewart 8708 Stewart Dr. North Richland Hills, TX 76180 Arnutfo Hernandez 1817 Beacon Way Ft. Worth, TX 76140 Billy & Barbara Walker 6609 Simmons Rd. N. Richland Hills. TX 76180 Stacey & Michael Wood 6900 Crystal Ln. N. Richland Hills, TX 7ô180 Jason Scott Henninger 8424 Crystal Ln. N. Richland Hills. TX 76180 John & Susan Vanderlaan 8422 Crystal Lane N. Richland Hills, TX 76180 Jan & Judy Miller 8420 Crystal Lane N. Richland Hills, TX 76180 . . . Excerpt from Planning & Zoning Commission Meeting Minutes April 20, 2006 Page 1 of 2 ZC 2006-04 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUILDING CORPORATION AND COM IS DEVELOPMENT CORPORATION FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R2" RESIDENTIAL (LOCATED IN THE 6800 BLOCK OF SIMMONS RD. - 2.1759 ACRES). APPROVED John Pitstick summarized ZC 2006-04... This was a previous request that came before the Planning and Zoning Commission and went to City Council for a portion of R1 and R2 that was denied by the council. Now the applicant has come back for a zoning request of R2 Residential. In our Comprehensive Land Use Plan, R1, R2 and R3 are considered low density residential. This request meets our Comprehensive Land Use Plan and for that reason, staff is recommending approval. Chairman Davis asked if there were any questions. Being none, Chairman Davis opened the public hearing and asked the applicant to come forward. Mark Comis, Reeves Royal Homes, came forward. Mr. Comis pointed to an exhibit that specified the surrounding zoning of his property. He stated to the south of the property is zoned R2, to the north over the railroad tracks is primarily R3, and to the west is zoned RI-PD. He stated that the property is surrounded by low density residential. The lots are oversized for R2 zoning. The average lot square footage is 10,996 SF, which is almost 2,000 SF larger than R2 minimums. He stated they anticipate building homes in the $300,000 range on the proposed property. Chairman Davis called for any questions for the applicant. Being none, Chairman Davis asked if there was anyone wishing to speak in favor of this request. As none came forward, Chairman Davis asked if there was anyone wishing to speak in opposition of this request. Erika and Richard Muzquiz came forward. Mrs. Muzquiz stated that the traffic was very crowded and it would be harder to get to their home because they live on a dead end street. Her biggest concern is taxes and the value of her property going down because of the $300,000 houses. She stated that building eight houses is too many for that piece of property. She is also concerned with sewer service. She presently has a septic tank and asked if the developer would be on septic or sewer. Chairman Davis responded that sewer lines would be in place; that was part of the platting process that they would discussed further on the next item. . . . Excerpt from Planning & Zoning Commission Meeting Minutes April 20, 2006 Page 2 of 2 Mr. Muzquiz commented that when he bought his house the selling point was the country-like atmosphere. As time has gone on, developers have come in, turning country into city. He asked how wide the lots were going to be? Chairman Davis stated they were approximately 74 or 75-ft. wide. Mr. Muzquiz was concerned with the houses being too close together. Chairman Davis asked if there were any questions or additional comments. He asked if there was anyone else wishing to speak in opposition of this rezoning request? Ralph Schwab, came forward. He stated for the record that he was opposed to the request same as Mr. and Mrs. Muzquiz. He stated by building these homes the country-like atmosphere would be lost. He went on to say that as a construction worker he felt the applicant needed to cut down on the number of proposed lots. He would rather have them build bigger houses then too many on that small piece of property. He also commented that the traffic was really crowded at this time and adding more homes would definitely cause more backups. Chairman Davis asked if there was anyone else wishing to speak in opposition of this zoning request. Being none, Chairman Davis allowed the applicant a one minute rebuttal. Mr. Comis, came forward. He stated that there were plans on improving the street, not just for enhancing the development, but also so that drainage could be captured and sent back to the drainage channel behind the development. He stated that the RI-PD behind them was more dense then what they were proposing. He also wanted to clarify that the houses being built were an average of $300,000; some would be less and some more. Mr. Shiflet asked if the street improvements were for half of the street. Mr. Comis stated that was correct. Chairman Davis closed the public hearing and asked for a motion. Randy Shiflet, seconded by Don Bowen, motioned to approve ZC 2006-04. The motion carried unanimously (7-0). . . . , .- fJ\I..\~t .J-' ~\'- j, ---, tJ.,Y.-, l ... ~\;~~~~;,.:':k ' .~,- .' .<~" '\ I"~ \ '\i ..\~ I ,. :~ ,.,\ i. \1 I ',:j . .,,,. . 'w _~_.\ , .\ I , 'l_i ,¡ :~ Zoning Exhibit ~"'f".4I!r Uf!fH: uÞ/'/'t:n C4 :\' YCI,\i IW.4fJ ! ------ .",~_l -'.~ , orULU>'IH U¡I'UUI'fll SL'']''O" ,¡o"ii.·-ïif:ïui,\'r.·coili'·· ¡¡¡\ii., IIE¡'~ ~~E- . ..... ·..·-0 , . .. ; ..' . - ~. ¡(j'oJ,\!, f. \If!!/II ;.-:....:Jf ,..."'; us': t~· - ~. "'. ~~ ,0,..,. f I..":" "..i." ,' 'W..... . ORDINANCE NO. 2880 ZONING CASE ZC 2006-04 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 2.1759 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-2 (RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone . change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 2.1759 acre tract of land located in the 6800 Block of Simmons Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-2 (Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . . . Section 3: Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this 12th day of June, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . Exhibit "A" The following described tract or parcel of land situated in the T.K. Martin Survey, Abstract #1055, Tarrant County, Texas and being the same tract as recorded in Volume 8170, Page 2114 in the Tarrant County Deed Records and being a portion of a tract conveyed to G.L. Bridges by deed recorded in Volume 1221, Page 249 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod at the Northwest corner of a 2.0 acre tract as conveyed to Thomas Henry Smith, etux Isabel M. Smith by deed records in Volume 5575, Page 281 in the Tarrant County Deed Records and being N 00 58' 50" W a distance of 63.54 feet from the Northeast corner of Lot 9 Block 1, GLENANN, an addition to the City of North Richland Hills, Tarrant County, Texas according to the plat recorded in Volume 388-77, Page 47 in the Tarrant County Plat Records and being in the east line of a tract as recorded as Tract A in Volume 8392, Page 747 in the Tarrant County Deed Records; THENCE N 03 19' 15" W along the East line of said Tract A a distance of 543.95 feet to a set 5/8 inch iron rod and being in the south line of Amundson Drive; THENCE N 54 16' 16" E along the South line of said Amundson Drive a distance of 158.32 feet to a set 5/8 inch iron rod at the intersection of the South line of said Amundson Drive with the west line of Simmons Road; THENCE S 07 47' 27" E along the West line of said Simmons Road a distance of 641.14 feet to a found 5/8 inch iron rod; THENCE S 89 55' 09" W a distance of 183.93 feet to the place of beginning, and containing 2.1759 acres or 94,783.07 square feet of land more or less. . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: John Pitstick Council Meeting Date: 6-12-2006 Agenda NO.C.2 Subject: ZC 2006-07 Public Hearing and Consideration of a request from Royal Building Corporation and Comis Development Corporation for a Zoning Change from nAG" Agricultural to "R-1" Residential (located in the 8800 Block of Rumfield Road - 1.31 acres - Ordinance No. 2885 Case Summary: The applicants, Royal Building Corporation and Comis Development Corporation, are requesting to rezone a 1.31 acre tract from "AG" Agricultural to "R-1" Residential for the purpose of developing a two-lot subdivision. The "R-1" District requires a minimum 13,000 square foot lot and a minimum 2,300 square foot house. Comprehensive Plan: The Comprehensive Plan depicts low density residential development for this area. The proposed zoning is consistent with the Plan. Thoroughfare Plan: This tract has access on Rumfield Road. Rumfield Road is considered a C-2-U two lane undivided collector street requiring 60 feet of right of way. Surrounding Zoning I land Use: North: "AG" Agricultural - comprehensive plan classification East: "R-2" traditional single family South: "R-2" traditional single family West: "R-1-S" large lot residential Plat Status: The applicant has also submitted a plat for review that includes 2 residential lots. Existing Site Conditions: This parcel is currently vacant. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission met on Thursday, May 18 and voted 5-0 to approve ZC 2006-07. Staff Recommendation: Approval of ZC 2006-07 and Ordinance No. 2885 Petition of Opposition: A petition of opposition has been received and a super majority vote will be required by City Council for this zoning case to be approved. Review Schedule: Application: 3/27/06 Final Hearing: 6/12/06 Total Review Time: 11 weeks · · · Petition of Opposition Signatures Page 1 of 2 CITY OF NORTH RICHLAND HILLS PLANNING ANn Z.ONING COM1\tISSION PETET/ON TO PLANNING Al\rD ZONING C()~f,\..fISSIO.N The undersigned respectfully petition case # ZC 2006-07 requesting that the property be reL:oneu from AG to R-l with the spceitìc intcnt to plat lhi~ lot into :wo ~ingl~ fanÜL~ homes on each lot. ~------------ ._..~------- - .-.- The undersigned h~low fully understand the int~nt of the petition. and arc in cOlllplt:l~ opposition of this specific zoning rcqu~st. The undersigned helow have r~viewlxl and understand cOltlpktdy tht: request and nalure of the zoning request hy Roya\ Bui I ding Cùrporation and COInis Dc:vdopmcnl Corporation. -:.. ------- -- ¿~IU' C( -iLl t l~ ./8) -1_.'5/,J-Z 1 Y; '/ é.-Þb ~è-Æ w)';t./ '.-""- ...(~ -,~ ~ ~ 11/··iL . Petition of Opposition Signatures Page 2 of 2 I 1- /-. / - 'f f2:' .3-¿.J ~. -. \.;.J'.I~· 4' ) . l_ (;--~ -/r ·:.;.V~ -~ _7. ~';2;~~~~t~.."·ß/ ·~>2i;:iJ. _ r . ,~ "'-;) ~- .:.," -' ð-?..2.:t· /.:;.r.:.:Þ!.f¡c· k.~ 0'" ì ') -. .' . ...~?L~~(~(l1~j5b¡- ~:ftL¿~':.kk~-/~ Clf- /'0/~' ()/ 1- .,,-li/--f: ;__~~. .c; \ ,+¿~ ::V: '::-:::E ", ~ 1 'j- -= _~_~ .. :'-::::2 j../: '¡~L: '\ ..) ¿7: ! '-.l C' ~~._-----------_......._-- ._--~. ~-. . .J I I .1 -.---"------ -- -.---..-. -. --- --..--.- I··~n.__.__- - .-- i I ·1 I .-- _._~.._- -------- --1 I, . __ 1 . Location of Property Owned by Petition of Opposition Signers 8801 8809 ~ ,/ - '- .-. . ~~ 8800 ~r9' å'~ II ',', 8801 :< :,:: .... :.:-' - RUMFIELD RD .-- \/ ~ 8800 8800 7424 C Ct: Z W C w 7417 I 7416 I Petitions of Opposition ZC 2006-07 N(f)RTH R ICHLAND HILLS . Prepared for NRH Planning & Inspections Dept. 06i06....06 by Information Services - GIS gls_0577 I 8801 8801 9016 ~.....~."".... .""......,,,.~ J""..... j! 9004'..··, KIRK IN _.r.._~·l··~--'-'--''''-~A~'''' 1---- --- _.-¡.--._~- I " c. '^:.::~:;;': ~¡ji' ".. 8924 I 8932 ! ~/~/.,,:,~;~ :)%¡¡~i¡:¡¡;t!~!i¡::: 1---\-----1 .' ;./ ¡~~ (:!!{!~I!j:c:I{%/," 8929 ¡ 8937 ;;;¿/;}':~;~0,......... ,... ¡ ./ ~:/:»:.~/;;>~;~; ..'.'....:::............ .~.::.'. . ~ I 7F 7416 4 Qf(;- 7408 7409 he' /,. Q;-~ 7405 Ilò00~ 7404 lò( J 7432 _v 8951 8936 8936 7424 8950 8955 8954 8912 8912 7401 Scale: 1 inch = 200 feet LEGEND 1»>·>.1 Proposed Development Site c:J 200 ft Buffer Area Around Site c=J Properties of Owners in Opposition LIJZ] Portion of Properties of Owners in Opposition within .. . . 200' of the Site. (These properties comprise 66.7°/0 of total buffer area) 9000 8936 8959 7400 N A Planning Location Map . Rumfleld Rd. -c « c: CD " LIJ . N W~E s NRH ZC 2006-07 Zoning Change Request 8800 Block Rumfield Road From IIAG" Agriculture to "R-1" Single Family ~Feet 5/4/06 0 100 200 400 . . Notice of Public Hearing Page 1 of 2 NOTICE OF PUBLIC HEARING CITY OF NORTH RICHLAND HILLS PLANNING AND ZONING COMMISSION CITY COUNCIL Case #: ZC 2006-07 Applicant: Royal Building Corporation and Comis Development Corporation Location: 8800 Block of Rumfield Road (1.31 acres) 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 HearinQ: A public hearing is being held to consider a request from Royal Building Corporation a,..,d Comis Development Corporation to rezone 1.31 acres of land out of the Stephen Richardson Survey. Abstract No. 1266 (as identified on the attached map) from ooAG" Agricultural to "R-1" Single Fanlily Residential. If this zoning change request is approved. the applicants plan to plat the property into f\.vo lots and build a single family home on eact1 lot. Tt)e "R-1" District requires each lot to be a minimum of 13,000 square feet with a minimum 2 300 square foot house on each lot. . Public HearinQ Schedule: Public Hearing Dates: PLANNING AND ZONING COMMISSION THURSDAY, MAY 18, 2006 If recommended for approval by the Planning and Zoning Commission. this case will be heard by the City Council on: CITY COUNCIL MONDAY, JUNE 12.2006 Both Meetings Tlmc. 7:00 P.M. Both Meetings Location: CITY COUNCIL CHAMBERS 7301 N. Eo LOOP 820 NORTH RICHLAND HillS. TEXAS . . Notice of Public Hearing Page 2 of 2 If you have ~ny questions or \Nish to submit a petition or fetter concerning the above request. please contact: Planning Departnlen1 C¡,ty of North Richland Hills 7 3C 1 Northeast Loop 820 No~h R:ct~IëJnd Hiljs. Texas 76180 Phone (817) 427-6300 Fax (817) 427-6303 . . . Property Owners who were Notified Royal Bldg. Corp Com is Dev. Corp. 7420 Comis Dr. N. Richland Hills. TX 76180 Sandy & K. J. Strayer 7409 Boca Raton Dr. Ft. Worth. TX 76180 Berwyn & Marjorie Caswell 8900 Kirk Lane Ft. Worth. TX 76180 Candace Henley 1209 Northwest Hwy #303 Garland. TX 75041 Pao & May Vang Ly 8805 Rumfield Rd. N. Richland Hills TX 76180 . . Brian James 8204 Thornbush Dr N. Richland Hills, TX 76180 Herbert & Debra Taylor 8916 Kirk Lane Ft. Worth, TX 76180 Benjam;n & Ann LOibl 8908 Kirk Lane Ft. Worth, TX 76180 Joe & Mary Flores 8932 Kirk Lane Ft. Worth, TX 76180 Richard & Frances John 7432 Eden Rd. N. Richland Hills. TX 76180 Barry & Sue Ann Sullivan 8915 Rumfield Hd Ft. Worth, TX 75180 John & Mona Levingston 8924 Kirk Lane Ft. Worth. TX 76180 Christi & Ric.~ Figueroa 8800 Kirk Lane N. Rich/and Hills. TX 76180 . Excerpt from May 18, 2006 P&Z Commission Meeting Page 1 of 3 ZC 2006-07 PUBLIC HEARING AND CONSIDERATION OF A REQUEST FROM ROYAL BUilDING CORPORATION AND COMIS DEVELOPMENT CORPORATION FOR A ZONING CHANGE FROM "AG" AGRICULTURAL TO "R-1" RESIDENTIAL (LOCATED IN THE 8800 BLOCK OF RUMFIELD RD. -1.31 ACRES). APPROVED John Pitstick presented ZC 2006-07. Comis Development is requesting a zoning change from "AG" to "R-1" for the purpose of developing a two lot subdivision. The "R- 1" district requires a 13,000 sq. ft. lot and a minimum 2,300 sq. ft. home. The Comprehensive Plan depicts low density residential development in this area which is consistent with the plan. To the north the property is zoned "AG", to the east is "R-2", to the south is "R-2", and to the west is "R-1-S". Staff has received letters from surrounding neighbors regarding opposition to this zoning change. Due to the number of letters, this may require an override vote for City Council. Mr. Schopper opened the public hearing. . Mark Comis, 7420 Comis Drive, came forward. Mr. Comis stated that the lots will exceed "R-1" standards, being more than double the required square footage per lot. He believes that the lots in this area are larger because sewer was unavailable and septic tanks are used. The surrounding properties were never developed into anything smaller because of the expense of tying into City sewer. It has been determined that the sewer, which is down Rumfield Road, was deep enough to sewer this property. Comis Development is willing to incur the expense of running the sewer to this property. Just recently case number ZC 2004-09 was approved for "R-2" by the Planning & Zoning Commission and City Council. These homes will be estate style homes on very large lots. Herb Taylor, 8916 Kirk Lane, came forward. Back in 1994, Mr. Taylor subdivided his property in order to build a home for his father. Originally, Mr. Taylor wanted to give his father .66 acres but because of deed restrictions Mr. Taylor had to give has father one acre. According to deed restrictions, each lot has to have at least one acre in order to build on it. He stated that this should also apply to Mr. Comis. . Mr. Sapp asked for verification of the zoning of the property to the east. Mr. Pitstick stated that he would get the zoning map. Regarding deed restrictions, the City does not enforce deed restrictions. Mr. Schopper agreed that deed restrictions are a legal matter. Mr. Sapp added that the deed restrictions relate to whether the property is well and septic. If the property is on public sewer sometimes the restrictions do not apply. . . . Excerpt from May 18, 2006 P&Z Commission Meeting Page 2 of 3 Mr. Shiflet asked Mr. Taylor to clarify if he was for or against the zoning change. Mr. Taylor stated that he was for the zoning change but against subdivision of the property. Ben Loibl, 8908 Kirk Lane, came forward. Mr. Loibl stated that he is not against the zoning change, but Mr. Loibl is against the subdividing of the property. This is not consistent with the surrounding property. Mr. Loibl explained that he would like to see only one house built on the lot. Mr. Loibl stated that he is currently building a home behind the property and feels that putting two homes in one lot is not consistent with the neighborhood or the property. Mr. Loibl handed out a petition to the Commission and two more letters explaining opposition for ZC 2006-07. Mr. Schopper explained that part of the reason for such large lots is due to septic tanks. Mr. Loibl stated that he didn't believe that was the intention. The intention was to live on large estate style property. Mr. Schopper stated that a lot of property has been subdivided out of that addition into smaller lots. Mr. Pitstick explained the zoning of the surrounding property. Mr. Shiflet noticed that Mr. Loibl's property is zoned "AG" and would like to know how he is able to build a home on "AG" property. Mr. Loibl explained that it is a remodel not a new home. Pao Ly, 8805 Rumfield Road, came forward. Mr. Bowen explained that deed restrictions should not be discussed in this meeting because it is a civil matter. Deed restrictions are irrelevant to these proceedings. Mr. Ly stated that septic systems are not an issue. Only one house should be built on the property. Mr. Comis came forward and explained that Comis Development has a clean title to the property with no restrictions. What is being proposed fits the zoning and City regulations. . . . Excerpt from May 18, 2006 P&Z Commission Meeting Page 3 of 3 Mr. Sapp asked how far the setbacks were going to be. Mr. Comis answered that the setback would match the property to the east, at least 70-ft. There are a lot of trees in the front of this property that Mr. Comis would like to keep. Mr. Wood asked Mr. Comis how large the property to the east is. Mr. Comis answered that it is about 35,000 sq. ft. It is just under an acre due to the expansion of Rumfield Road. Mr. Bowen asked Mr. Comis how much he planned on selling the homes for. Mr. Comis answered $350,000. Mr. Schopper asked if anyone else wished to speak in regards to ZC 2006-07. Being none, the public hearing was closed. Mr. Bowen asked Mr. Pitstick to explain "R-1" and "R-2" zoning. Mr. Pitstick explained the lot and area requirements for the two zonings. Randy Shiflet, seconded by Don Bowen, motioned to approved ZC 2006-07. The motion carried unanimously (5-0). Mr. Wood asked the Commission if the zoning is approved does that mean the developer can automatically divide it up? Mr. Bowen explained that the next case is a platting case. If that plat meets the City's subdivision ordinance this Commission can't turn it down. Mr. Sapp added that this is a unique neighborhood. The lots are large, wooded and the setbacks are far from the road. However there is some inconsistency in the sizes of the lots. Some have been replatted to "R-2" recently. These lots are going to 28,000 sq. ft. with a far setback from the road with a rural appearance. They will be expensive homes based on the quality of the lots. The applicant's request is justified in this particular case. Mr. Shiflet stated that a petition has been submitted. This Commission's decision will be a recommendation to the City Council. If the petition meets the criteria then it will require a super majority of the Council which is six out of seven votes to approve. . Zoning Exhibit + I ,-- - - - - - ~ - -, I I ~' I I [ I ! I L _ _ ,~.:-, _ ~ _ _ ---J H':Wfff.lJl r,f/.lfl Jo \.l it.j.'/ .' . " ",' c"., . . . . ORDINANCE NO. 2885 ZONING CASE ZC 2006-07 AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS; AMENDING THE ZONING MAP OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, AND REZONING A 1.31 ACRE TRACT OF PROPERTY FROM AG (AGRICULTURAL) TO R-l (SINGLE FAMILY RESIDENTIAL) ZONING; ESTABLISHING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in the City at least 15 days before such hearing; and, WHEREAS, public hearings to zone the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation concerning the zone change; and, WHEREAS, the City Council is of the opinion that the zone change herein effectuated furthers the purpose of zoning as set forth in the Comprehensive Zoning Ordinance and is in the best interest of the citizens of the City of North Richland Hills; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT the Comprehensive Plan, the Comprehensive Zoning Ordinance and the zoning map of the City of North Richland Hills are hereby amended by rezoning a 1.31 acre tract of land located in the 8800 Block of Rumfield Road in the City of North Richland Hills, Tarrant County, Texas, more particularly described in Exhibit A from AG (Agricultural) to R-l (Single Family Residential) zoning. Section 2: Any person, firm or corporation violating any provision of the Comprehensive Zoning Ordinance as amended hereby shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. . . . Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 4: This ordinance shall be in full force and effect immediately after passage. AND IT IS SO ORDAINED. PASSED on this day of June, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, Attorney APPROVED AS TO CONTENT: Department Head . . . Exhibit "A" Being all that certain lot, tract or parcel of land situated in the STEPHEN RICHARDSON SURVEY, Abstract No. 1266, in the City of North Richland Hills, Tarrant County, Texas, being a portion of a called 2.5604 acre tract as described in deed to Pao Ly and May Vang Ly, recorded in Volume 9799, Page 1158, of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a found 1/2" rod at the Southeast corner of Lot 1, Block 1, Ly Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 5935, of the plat records of Tarrant County, Texas, and said iron rod being in the North Right-of-Way line of Rumfield Road; THENCE North 00 degrees 31 minutes 33 seconds East, along the East line of said Lot 1, a distance of 275.33 feet to a found 1/2" rod at the Northeast corner of said Lot 1, and in the south line of a called 1.45 acre tract as described in deed to Berwyn Caswell, et ux Marjorie Caswell, recorded in Volume 3856, Page 554, of the Deed Records of Tarrant County, Texas; THENCE South 89 degrees 08 minutes 33 seconds East, passing the Southeast corner of said Caswell tract and the Southwest corner of a called 1 .45 acre tract as described in deed to Benjamin Loibl, et ux Ann Loibl, recorded in Volume 15640, Page 72, of the Deed Records of Tarrant County, Texas continuing for a total distance of 207.68 feet to a found 1/2" rod in the West line of Lot 1 Block 1, Stiles Addition, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Slide 1120, of the Plat Records of Tarrant County, Texas; THENCE South 00 degrees 31 minutes 49 seconds West, passing at 16.21 feet the Southwest corner of said Lot 1 and the Northwest corner of Lot 2, Stiles Addition, and continuing for a total distance of 271.61 feet to a found 1.2" iron rod at the Southwest corner of said Lot 2, Stiles Addition and in the North line of the above mentioned Rumfield Road; THENCE South 89 degrees 49 minutes 48 seconds West, along the North line of said Rumfield Road, a distance of 207.67 feet to the POINT OF BEGINNING, and containing 56,790 square feet or 1.304 acres of land, more or less. SAVE AND EXCEPT that portion conveyed to the City of North Richland Hills by Right- of-Way Deed dated March 19, 1998, filed April 22, 1998, recorded in Volume 13182, Page 345, of the Real Property Records of Tarrant County, Texas. . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: John Pitstick and George Staples Council Meeting Date: 6-12-2006 Agenda NO.C.3 Subject: GN 2006-043 Public Hearing to consider an amendment to the North Richland Hills subdivision ordinance to require completeness review of development applications for the purpose of determining the effective date of vested rights under Chapter 245 of the Texas Local Government Code. Ordinance No. 2886 Summary: Vested Rights This subdivision amendment requires a completeness review of development applications for the purpose of determininq the effective date of vested riqhts under Chapter 245 of the Texas Local Government Code. The new statute allows developers to develop under ordinances in effect at the time the developer makes any application. This statute reinforces the City's authority to require that any plat, development plan or zoning application be complete before the provisions of the Subdivision Ordinance go into effect (or become vested with the development project). The City has 10 days to review and accept all applications. Once an application has been accepted by the City, all rights are vested and all regulations in effect at that time are required to be met. If the City determines that an application is not complete, and written notice is provided to the developer, then the developer has 45 days to make revisions or the application will expire and the application process will need to be begun again in its entirety. When preliminary plats, final plats, site plans, special use permits or planned developments are presented to the Planninq & Zoninq Commission or City Council there will be a desiqnated vested riqhts date shown in the case study. This will make it clear to all parties when development rights have been established. The City Attorney and City Staff have reviewed this proposed ordinance revision. The Planning & Zoning Commission reviewed these changes on May 18 with the City Attorney and Staff and had a public hearing on June 1, 2006. Planninq & Zoninq Commission Recommendation: The Planning & Zoning Commission met on Thursday, June 1, 2006 and voted 5-0 to approve subdivision ordinance revisions to require completeness review of development applications. Recommendation: Approval of Ordinance No. 2886 . . . Excerpt from Planning & Zoning Commission Minutes - June 1, 2006 Page 1 of 1 A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE NORTH RICH LAND HILLS SUBDIVISION ORDINANCE TO REQUIRE COMPLETENESS REVIEW OF DEVELOPMENT APPLICATIONS FOR THE PURPOSE OF DETERMINING THE EFFECTIVE DATE OF VESTED RIGHTS UNDER CHAPTER 245 OF THE TEXAS LOCAL GOVERNMENT CODE. APPROVED John Pitstick stated that this is a result of changes to the recent state legislature. New guidelines were adopted for establishing development requirements. Staff has drafted proposed changes with the help of City Attorney George Staples. The ordinance that has been presented is the vested rights ordinance. Upon submission of any application for a plat or zoning case, the City has ten days to review and accept that application. At that time the development is vested. All future ordinances would not be held for that developer. A specific date would be established for any new developments at that time. If Staff determines that the application is not complete, the developer has forty-five days to make the requested changes. Even if Staff fails to complete timely review, the development would still have to conform to all City ordinances in effect at the time of submission. This will go forward to the City Council on June 12, 2006 and the effective date will be June 15, 2006. Bill Schopper opened the public hearing and asked if anyone would like to speak in regard to this amendment to the subdivision ordinance. Being none, Mr. Schopper closed the public hearing and called for a motion or discussion. Randy Shiflet, seconded by Don Bowen, motioned to approve the amendment to the North Richland Hills Subdivision Ordinance determining the effective date of vested rights under Chapter 245 of the Texas Local Government Code with the correction to the typo on the last page. The motion carried unanimously (4-0). . . . ORDINANCE NO. 2886 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 110 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND EST ABLISHING REQUIREMENTS RELATING TO COMPLETENESS DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL APPLY TO APPLICATIONS FOR PLAT APPROVAL; PROVIDING CUMULATIVE AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city 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 City desires to adopt the completeness determination requirements provided in Section 245.002(e), Texas Local Government Code, relating to vesting of development applications; and WHEREAS, notice of a public hearing before the Planning and Zoning Commission and of a public hearing before the City Council has been published at least ten (10) days prior to such hearings and such hearings have been held on the regulations contained hereinbelow as required by Section 110-44 of the North Richland Hills Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. That the Subdivision Ordinance is amended by the addition of Sections 110-45 and 110-46 which shall be and read as follows: "Sec. 110-45. Requirements for Completeness Determination A. Every application for approval of a plat, development plan or zoning application submitted after June 15, 2006 shall be subject to a determination of completeness by the Director of Planning or his designee. B. No application shall be deemed complete and accepted for processing unless it is accompanied by all documents required by and prepared in accordance with the requirements of this ordinance. For a determination of completeness to be issued, an application must include the following: . . . 1. A completed application form signed by the owner or the owner's authorized agent; 2. Every item, study and document required by the Subdivision Ordinance for the type of plat being submitted, or required for a development plan; and 3. A non-refundable application submittal fee, as specified in the fee schedule. c. The Director of Public Works or the Director of Planning may from time to time identify additional requirements for a complete application that are not contained within but are consistent with the application contents and standards set forth in the Subdivision Ordinance. D. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Ordinance. Sec. 110-46. Determination of Completeness; Expiration A. Not later than the tenth business day after the date an application for plat approval or a plan of development is submitted, the Director of Planning or his designee shall make a written determination whether the application constitutes a complete application. This shall include a determination that all information and documents required by this Subdivision Ordinance for the type of plat being submitted or other requirements have been submitted. A determination that the application is incomplete shall be provided to the applicant within such time period at the address listed on the application. The determination shall specify the documents or other information needed to complete the application and shall state that the application will expire if the documents or other information is not submitted within 45 days after the date the application was submitted. B. An application for approval of a preliminary or final plat or development plan filed on or after the effective date of this ordinance shall be deemed complete for the purpose of determining rights under Chapter 245, Texas Local Government Code on the 11 th business day after the application has been received, if the applicant has not otherwise been notified that the application is incomplete. For purposes of this Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided in subsection D. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Ordinance or that the time for completing plat, development plan or zoning change review has begun. C. The processing of an application by any City employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing. The incompleteness of an application shall be grounds for denial of the application regardless of whether a determination of incompleteness was mailed to the applicant. . . . D. An application for preliminary or final plat approval shall be deemed to expire on the 45th day after the application is submitted to the Director of Planning for processing if the applicant fails to provide documents or other information necessary to meet the requirements of the Subdivision Ordinance or other requirements as specified in the determination provided to the applicant. Upon expiration, the application will be returned to the applicant together with any accompanying documents. Thereafter, a new application for approval of the preliminary plat or final plat must be submitted. E. No vested rights accrue solely from the filing of an application that has expired pursuant to this section, or from the filing of a complete application that is subsequently denied." Section 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City and the subdivision ordinances as amended, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. Section 3. 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 4. This ordinance shall be in full force and effect from and after its passage and publication and it is so ordained. PASSED AND APPROVED ON THIS DAY OF , 2006. Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary Approved as to Form, Content and Legality: George Staples, Attorney . . CITY OF NORTH RICHLAND HILLS Department: Planning and Inspections Presented by: John Pitstick and George Staples Council Meeting Date: 6-12-2006 Agenda No.C.4 Subject: GN 2006-045 Public Hearing to consider an amendment to the North Richland Hills subdivision ordinance to require adequate public facilities for development and establishing a procedure for determination of rough proportionality of developer exactions for such facilities. Ordinance No. 2887. Summary: Rough Proportionality This subdivision amendment requires adequate public facilities for development and establishes a procedure for determination of rouqh proportionalitv of developer exactions for such facilities. This new law has been enacted to codify the Flower Mound v. Stafford Texas Supreme Court case findings relative to proportionality requirement under Chapter §212.904 of the Texas Local Government Code. This statute stipulates that if a municipality requires that a developer pay a portion of the cost of municipal infrastructure improvements by dedicating property, paying fees, or paying construction costs, a licensed professional engineer retained by the municipality shall determine the amount required for infrastructure improvements that are roughly proportionate to the proposed development and the developer's share shall not exceed that amount. All plats from this point forward will be accompanied bv a letter from the Public Works Department describinq each development's rouqh proportional impact on the street and drainaqe system. According to the City Attorney, Water and Sewer Impact Fees are exempted from this statute. The Planning & Zoning Commission and City Council shall consider the City Engineer's report concerning the proportionality of the exaction requirements and may grant a variance to the requirements of the Subdivision Ordinance. The developer may appeal a determination by the engineer to the City Council and present evidence and testimony and the council must decide the matter within 30 days after such presentation. The developer has a right of appeal to county or district court and may collect costs, attorney fees, and expert witness fees. No such relief is available to a city. Cities cannot require waiver of appeal. From a practical standpoint many plats may also be accompanied bv a developer's aqreement that will help describe specific requirements of the City and of the Developer. Basicallv the developer will be responsible for constructinq their proportional share of street and drainaqe impacts at the time of each development based on the City Enqineer's report with the concurrence bv the Planninq & Zoninq Commission and City Council. . . . Planninq & Zoninq Commission Recommendation: Followinq the June 1 public hearinq, the Plannina & Zonina Commission approved this ordinance bv a vote of 5-0. Staff Recommendation: Approval of Ordinance No. 2887 . . . Excerpt from Planning & Zoning Commission Minutes - June 1, 2006 Page 1 of 1 A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE NORTH RICHLAND HILLS SUBDIVISION ORDINANCE TO REQUIRE ADEQUATE PUBLIC FACILITIES FOR DEVELOPMENT AND ESTABLISHING A PROCEDURE FOR DETERMINATION OF ROUGH PROPORTIONALITY OF DEVELOPER EXACTIONS FOR SUCH FACILITIES. APPROVED John Pitstick stated that this is a rough proportionality requirement. This is an amendment to the subdivision ordinance requiring adequate public facilities. On subdivision plats and development plans there are public improvements that have to be made and dedicated to the City. This statue stipulates that if the municipality requires a developer to payor build a proportion of that improvement, the municipality would have to determine by a licensed engineer the proportionality in terms of what would be needed in regard to new streets and drainage. In this case the licensed engineer is Greg Van Nieuwenhuize with the Public Works Department. The water and sewer impact fees would be exempt from that. A mechanism is already in place for determining specific impact for new developments. Park fees also already have a fee structure for each new development and those will not be affected by this amendment. Public Works will be providing a memo from the city engineer that will determine on each development their proportional fee or proportional build for that new development based on the impact to the current system. All plats will be accompanied with a letter from Public Works as well as a developer agreement. The Planning & Zoning Commission will also be accepting appeals from the developer in regard to the city's engineer determination. The effective date for this is also June 15, 2006. Mr. Schopper clarified that this is being done in order to comply with new state laws. Mr. Schopper opened the public hearing and asked if anyone would like to speak in regard to this amendment to the subdivision ordinance. Being none, Mr. Schopper closed the public hearing and called for a motion or discussion. Don Bowen, seconded by Scott Wood, motioned to approve the amendment to the North Richland Hills Subdivision Ordinance determining adequate public facilities for development and establishing a procedure for determination of rough proportionality. The motion carried unanimously (5-0). . . . ORDINANCE NO. 2887 AN ORDINANCE AMENDING CHAPTER 110, THE SUBDIVISION CHAPTER OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES TO PROVIDE FOR ADEQUATE FACILITIES AND MINIMUM STANDARDS FOR PUBLIC FACILITIES AND FOR THE TIMING OF DEDICATION AND CONSTRUCTION OF PUBLIC FACILITIES; ESTABLISHING REQUIREMENTS RELATING TO ROUGH PROPORTIONALITY DETERMINATIONS FOR ALL PLAT AND DEVELOPMENT APPLICATIONS WHICH IMPOSE EXACTION REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROCEDURES; ESTABLISHING PROCEDURES FOR APPEAL THEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule city 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 City desires to assure both that development impacts are mitigated through contributions of rights-of-way, easements and construction of capital improvements, and that a subdivision contribute not more than its proportionate share of such costs as required by Section 212.904, Texas Local Government Code; and WHEREAS, notice of public hearings before the Planning and Zoning Commission and the City Council has been published at least ten (10) days prior to such hearings and such hearings have been held on the regulations contained hereinbelow as required by Section 110-44 of the North Richland Hills Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: That Chapter 110 of the North Richland Hills Code of Ordinances is hereby amended by adding a new Article XIII which shall read as follows: Article XIII. Adequacy of Public Facilities; Proportionality Sec. 110-445: Purpose and Policy (a) These subdivision regulations of the City are designed and intended to achieve the following purposes and shall be administered so as to: . . . (1) promote the health, safety, morals and general welfare of the community and the safe, orderly and healthful development of the City; (2) establish adequate policies and procedures to guide development of the City; (3) provide for the establishment of minimum specifications for construction and engineering design criteria for public infrastructure improvements to maintain land values, reduce inconveniences to residents of the area, and to reduce related unnecessary costs to the City for correction of inadequate facilities that are designed to serve the public; (4) ensure that development of land and subdivisions shall be of such nature, shape and location that utilization will not impair the general welfare; (5) ensure against the dangers of fires, floods, erOSIon, landslides, or other such menaces; (6) preserve the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features; (7) realistically and harmoniously relate new development of adjacent properties; (8) provide the most beneficial circulation of traffic throughout the City, having particular regard to the avoidance of congestion in the streets and highways, and pedestrian traffic movements; and to provide for the proper location and width of streets; (9) ensure that public facilities for water supply, drainage, disposal of sanitary and industrial waste, and parks are available for every building site and with adequate capacity to serve the proposed subdivision before issuance of a certi~cate of occupancy or release of utility connections or final inspection within the boundaries of the plat; (10) assure that new development adequately and fairly participates in the dedication and construction of public infrastructure improvements that are necessitated by or attributable to the development or that provide value or benefit that makes the development feasible; (11) help prevent pollution, assure the adequacy of drainage facilities, control storm water runoff, safeguard the water table, and encourage the wise use and management of natural resources throughout the City and its extraterritorial jurisdiction in order to preserve the integrity, stability, and beauty of the community and the value of the land; and (12) provide for open spaces through the most efficient design and layout of the land, while preserving the land use intensity as established in the Zoning Ordinance of the City. (b) To carry out the purposes hereinabove stated, it is declared to be the policy of the City to guide and regulate the subdivision and development of land in such a manner as to promote orderly growth both within the City and where applicable. . . . (c) Land must not be platted until proper provision has been made for adequate public facilities for roadways, drainage, water, wastewater, public utilities, capital improvements, parks, recreation facilities, and rights-of-way for streets. (d) Proposed plats or subdivisions which do not conform to the policies and regulations shall be denied, or, in lieu of denial, disapproved conditioned on conformance with conditions. (e) There shall be an essential nexus between the requirement to dedicate rights-of-way and easements and/or to construct public works improvements in connection with a new subdivision and the need to offset the impacts on the City's public facilities systems created by such new development. Sec. 110-446: Adequate Public Facilities (a) Land proposed to be subdivided must be served adequately by essential public facilities and services, including water and wastewater facilities, roadway and pedestrian facilities, drainage facilities and park facilities. An application for a plat or development may be denied unless adequate public facilities necessary to support and serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being platted or offsite. (b) It is necessary and desirable to provide for dedication of rights-of-way and easements for public works improvements to support new development at the earliest stage of the development process. (c) The City desires to assure both that impacts of new development are mitigated through contributions of rights-of-way, easements and construction of capital improvements, and that a new development be required to contribute not more than its proportionate share of such costs. (d) Proposed public works improvements serving new development shall conform to and be properly related to the public facilities elements of the City's adopted Master Plan, other adopted master plans for public facilities and services, and applicable capital improvements plans, and shall meet the service levels specified in such plans. Sec. 110-447: Minimum Standards (a) The standards established in Article X of Chapter 110 and Article III of Chapter 94 of the Code of Ordinances and other ordinances of the city for dedication and construction of public works improvements and infrastructure are based upon engineering studies and historical usages and demands by different categories of development. These regulations identify certain minimum requirements and sizes for utilities, roadways, parks and other facilities that the City Council has determined to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to assure the quality of life currently enjoyed by the citizens of North Richland Hills. It is the intent of these regulations that no development occur until and unless these minimum levels of service are met. Therefore, . . . each subdivision in the City shall be required to dedicate, construct and/or upgrade required facilities and infrastructure to a capacity that meets these minimum levels. (b) For each category of public infrastructure, a minimum standard of infrastructure, and in some cases, service level, has been developed based upon historic studies and construction projects of the City and other cities. These minimum standards take into consideration the soil conditions and topographic configuration of the City, the use and impact analyses of the North Central Texas Council of Governments in developing standard specifications for public works installation, and other historical use and performance experiences of the City that reflect the minimum level of facilities and services that must be built to meet the health, safety and welfare of the citizens of North Richland Hills. (c) In order to maintain prescribed levels of public facilities and services for the health, safety and general welfare of its citizens, the City may require the dedication of easements and rights-of-way and/or construction of on-site and/or off-site public works improvements for water, wastewater, road, drainage or park facilities to serve a proposed subdivision, or require the payment of fees in lieu thereof. If adequate levels of public facilities and services cannot be provided concurrent with the schedule of development proposed, the City may deny the subdivision until the public facilities and services can be provided, or require that the development be phased so that the availability and delivery of facilities and services coincides with the demands for the facilities created by the development. (d) Whenever the City Council determines that levels of service in excess of these minimum standards are necessary in order to promote the orderly development of the City, the owner shall qualify for reimbursement for any costs in excess of the minimum levels of service through City participation, to the extent funds are available by a pro rata reimbursement policy or other means adopted by the City. Sec 110-448: Adequacy of Specific Facilities (a) All lots to be platted shall be connected to a public water system which has capacity to provide water for domestic use and emergency purposes, including adequate fire protection. (b) All lots to be platted shall be served by an approved means of wastewater collection and treatment. The City may require the phasing of development and/or improvements in order to maintain adequate wastewater capacity. (c) Proposed roads shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall be properly related to the applicable thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New subdivisions shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation. Each development shall have adequate access to the thoroughfare network. The city may require the phasing of development and/or improvements in order to maintain a safe, convenient and functional system of roads for vehicular and pedestrian circulation. . . . ( d) Drainage improvements serving new development shall be designed to prevent overloading the capacity of the downstream drainage system. The City may require the phasing of development, the use of control methods such as retention or detention, the construction of off-site drainage improvements, or drainage impact fees in order to mitigate the impacts of the proposed subdivision. Sec. 110-449: Improvement of Adjacent and Abutting Existing Streets and Utilities In the case of existing adjacent or abutting roads, the City may require that the entire right-of- way be dedicated and/or improved to the City's design standards, based upon factors including the impact of the proposed subdivision on the road, safety to the traveling public, conditions and life expectancy of the road, the impact of the proposed subdivision on other roads, the timing of this development in relation to need for improving the road, the impact of the traffic on the road and City's roadway system as a whole. Sec. 110-450: Timing of Dedication and Construction (a) The City shall require an initial demonstration that a proposed subdivision shall be adequately served by public facilities and services at the time for approval of the first development application that portrays a specific plan of development, including but not limited to a petition for establishing a planned development zoning district, or other overlay zoning district; or a developer's agreement; or an application for a preliminary or final plat. (b) The obligation to dedicate rights-of-way and/or to construct one or more public works improvements to serve a new subdivision may be deferred until approval of a subsequent phase of the subdivision, at the sole discretion of the city's engineer, upon written request of the property owner, or at the City's own initiative. As a condition of deferring the obligation, the City may require that the subdivider include provisions in the developer's agreement, specifying the time for dedication of rights-of-way for and/or construction of public works improvements serving the subdivision. Sec. 110-451: Proportionality Determination by City's Engineer (a) Prior to a decision by the Planning and Zoning Commission on a preliminary plat application, or if no preliminary plat application is required, on a final plat application, or any other application for which an exaction requirement is a condition of approval, the city's engineer shall prepare a written statement affinning that each exaction requirement to be imposed as a condition of approval is roughly proportionate to the demand created by the subdivision or development on the applicable public facilities system of the City, taking into consideration the nature and extent of the development proposed. In making this detennination, the city's engineer may consider the following: (1) categorical findings of the North Central Texas Council of Governments In developing standard specifications for public infrastructure improvements; (2) the proposed and potential use of the land; . . . (3) the timing and sequence of development in relation to availability of adequate levels of public facilities systems; ( 4) impact fee studies, traffic impact studies, drainage studies or other studies that measure the demand for services created by developments and the impact on the city's public facilities system; (5) the function of the public infrastructure improvements in serving the proposed subdivision or development; (6) the degree to which public infrastructure improvements necessary to serve the proposed subdivision are supplied by other developments; (7) the anticipated participation by the City In the costs of necessary public infrastructure improvements; (8) the degree to which acceptable private infrastructure improvements to be constructed and maintained by the applicant will offset the need for public infrastructure improvements; (9) any reimbursements for the costs of public infrastructure improvements for which the proposed subdivision is eligible; and/or (10) any other information relating to the impacts created by the proposed subdivision or development on the city's public facilities systems. (b) Based upon the proportionality determination, the city's engineer shall affirm that the exaction requirements of the Subdivision Ordinance, or other ordinance requiring the permit, as applied to the proposed subdivision or development, do not impose costs on the applicant for public infrastructure improvements that exceed those roughly proportionate to the impact of the proposed subdivision or development. (c) The city's engineer may require that the applicant, at its expense, submit any information or studies that may assist in making the proportionality determination. Sec. 110-452: Definitions. For purposes of this ordinance, the following terms have the following definitions: CITY'S ENGINEER: An engineer employed within the City's public works department and licensed by the State of Texas. Such engineer is referred to in this Article as the "city's engineer. " . . . EXACTION REQUIREMENT: a requirement imposed as a condition for approval of a plat, preliminary plat, building permit, planned development district or other development application to: (1) dedicate an interest in land for a public infrastructure improvement; (2) construct a public infrastructure improvement; or (3) pay a fee in lieu of constructing a public infrastructure improvement. PUBLIC INFRASTRUCTURE IMPROVEMENT: a water, wastewater, roadway, drainage or park facility that is a part of one or more of the City's public facilities systems. PUBLIC FACILITIES SYSTEM: with respect to water, wastewater, roadway, drainage or parks, the facilities owned or operated by or on behalf of the City to provide services to the public, including existing and new developments and subdivisions. Sec. 110-453: Rough Proportionality Determination of Planning and Zoning Commission and City Council. (a) The Planning and Zoning Commission and City Council shall consider the City's engineer's report concerning the proportionality of the exaction requirements in making a decision on a plat application. The Commission and the City Council may consider the city's engineer's report in granting a variance to the requirements of the Subdivision Ordinance. (b) The City official responsible for issuing a permit for which an exaction requiren1ent is imposed as a condition of approval shall consider the city's engineer's report concerning the proportionality of the exaction requirements in making its decision as to whether to grant the permit. Sec. 110-454: Rough Proportionality Appeal (a) An applicant for a preliminary or final plat or for a permit which imposes an exaction requirement as a condition of approval may file an appeal to contest any exaction requirement, other than impact fees, imposed as a condition of approval or in which the failure to comply is grounds for denying the plat application pursuant to the Subdivision Ordinance. (b) The purpose of a proportionality appeal is to assure that an exaction requirement imposed on a proposed plat or development as a condition of approval does not result in a disproportionate cost burden on the applicant, taking into consideration the nature and extent of the demands created by the proposed subdivision or development on the City's public facilities systems. Sec. 110-455 Appeals Procedure (a) An applicant for a preliminary or final plat or an applicant seeking approval for any other . . . permit or zoning for which an exaction requirement is imposed shall file a written appeal with the City Secretary within 10 days of the date the Planning and Zoning Commission or the city official responsible for issuing the permit takes action applying the exaction requirement. This may include denial of the permit or plat. The applicant shall submit 15 copies of the appeal. (b) A separate appeal form shall be submitted for each exaction requirement for which relief is sought. The City Secretary shall forward the appeal to the City Council for consideration. (c) The applicant may request postponement of consideration of the applicant's plat application by the City Council pending preparation of the study required by subsection (f), in which case the applicant shall also waive the statutory period for acting upon a plat for the time necessary for the City Council to decide the appeal. (d) No developer's agreement may be executed by the City until the time for appeal has expired or, if an appeal is filed, until the City Council has made a determination with respect to the appeal. (e) The appeal shall state the reasons that application of the exaction requirement is not roughly proportional to the nature and extent of the impact created by the proposed subdivision or development on the City's public facilities systems and does not reasonably benefit the proposed subdivision or development. (t) The appellant shall submit to the city's engineer 15 copies of a study in support of the appeal that includes, with respect to each specific exaction requirement appealed, the following information within 30 days of the date of appeal, unless a longer time is requested: (1) total capacity of the City's water, wastewater, roadway, drainage, or park system, as applicable, to be utilized by the proposed subdivision or development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the subdivision. If the proposed subdivision is to be developed in phases, such information also shall be provided for the entire development, including any phases already developed; (2) total capacity to be supplied to the City's public facilities systems for water, wastewater, roadway, drainage or parks, as applicable, by the exaction requirement. This information shall include any capacity supplied by prior exaction requirements imposed on the development; (3) comparison of the capacity of the applicable City public facilities systems to be consumed by the proposed subdivision or development with the capacity to be supplied to such systems by the proposed exaction requirement. In making this comparison, the impacts on the City's public facilities systems from the entire subdivision or development shall be considered; (4) the amount of any City participation in the costs of oversizing the public infrastructure improvements to be constructed by the applicant in accordance with the City's requirements; . . . (5) comparison of the minimum size and capacity required by City standards for the applicable public facilities systems to be utilized by the proposed subdivision or development with the size and capacity to be supplied by the proposed exaction requirement; and (6) any other information that shows the alleged disproportionality between the impacts created by the proposed development and the exaction requirement imposed by the City. (g) The city's engineer shall evaluate the appeal and supporting study and shall make a recommendation to the City Council based upon the city's engineer's analysis of the infonnation contained in the study and utilizing the same factors considered by the engineer in making the original proportionality detennination. Sec. 110-456: City Council Decision (a) The City Council shall decide the appeal within 30 days of the date of final submission of any evidence by the applicant. Upon receipt of the final submission of evidence from the applicant, the City Secretary shall schedule a time and date for the City Council to consider the appeal and shall cause the applicant to be notified at the address specified in the appeal fOnTI of the time, date and location at which the City Council shall consider the appeal. (b) The applicant shall be allotted time, not to exceed 30 minutes, to present testimony at the City Council meeting. The Council shall base its decision on the criteria listed in Sections 110- 457(a) and 110-461(t) and may: (1) deny the appeal and impose the exaction requirement in accordance with the city's engineer's recommendation or the Planning and Zoning Commission's decision on the plat or other development application; or (2) grant the appeal, and waive in whole or in part an exaction requirement to the extent necessary to achieve proportionality; or (3) grant the appeal, and direct that the City participate in the costs of acquiring land for or constructing the public infrastructure improvement. (c) In deciding an appeal, the City Council shall determine whether application of the exaction requirement is roughly proportional to the nature and extent of the impact created by the proposed subdivision on the City's public facilities systems for water, wastewater, roadway, drainage, or park facilities, as applicable, and reasonably benefits the subdivision. In making such determination, the Council shall consider: (1) the evidence submitted by the applicant; (2) the city's engineer's report and recommendation, considering in particular the factors identified in Sections 110-457(a) and 110-461(£); and . . . (3) if the property is located within the City's extraterritorial jurisdiction, any recommendations from the county. (d) The City Council may require the applicant or the city's engineer to submit additional information that it deems relevant in making its decision. Sec. 110-457: Action following Decision of City Council (a) If the City Council finds in favor of the applicant and waives the exaction requirement as a condition of plat approval, or modifies the exaction requirement to the extent necessary to achieve rough proportionality, the applicant shall resubmit the plat application to the Planning and Zoning Commission or City official responsible for issuing the permit within 30 days of the date the City Council takes action, with any modifications necessary to conform the plat with the City Council's decision. The applicant shall not be deemed to have prevailed in the event that the City Council modifies the exaction requirement. (b) If the City Council finds in favor of an applicant for any other permit and waives the exaction requirement as a condition of permit approval, or modifies the exaction requirement to the extent necessary to achieve rough proportionality, the applicant shall resubmit the permit application to the responsible official within 30 days of the date the City Council takes action, with any modifications necessary to conform the application with the City Council's decision. Failure to day so will result in the expiration of any relief granted by the City Council. (c) If the City Council denies the appeal and the applicant has executed a waiver of the statutory period for acting upon a plat, the City shall place the plat application on the agenda of the Planning and Zoning Commission within 30 days of the City Council's decision. (d) If the rough proportionality appeal was submitted appealing the imposition of an exaction requirement for a plat application, and City Council grants relief to an applicant but the applicant fails to conform the plat to the City Council's decision within the 30 day period provided, the relief granted by the City Council on the appeal shall expire. (e) If the plat application is modified to increase the number of residential dwelling units or the intensity of non-residential uses, the City Manager or city's engineer may require a new study to validate the relief granted by the City Council. (f) If the plat application for which relief was granted is denied on other grounds, a new appeal shall be required on any subsequent application. Sec. 110-458: Appeal of City Council Decision. An applicant may appeal the decision of the City Council to the county or district court of the county in which the development is located within 30 days of the date that the Council issues its final decision. In the event that the applicant prevails in such action, the applicant will be entitled to attorneys' fees and costs, including expert witness fees. . . Sec. 110-459: Miscellaneous. (a) This ordinance shall be cumulative of all provisions of ordinances of the City of North Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed to the extent of such conflict. (b) It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. (c) All rights and remedies of the City are expressly saved as to any and all violations of the provisions of Chapter 110 of the Code of Ordinances, or any other ordinances affecting subdivision regulations which 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. (d) This ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED on the _ day of June, 2006. CITY OF NORTH RICHLAND HILLS By: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM, CONTENT AND LEGALITY: . George A. Staples, Attorney . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda No.D.G Subject: PLANNING AND DEVELOPMENT Items to follow do not require a public hearing No items for this category. . . Department: City Secretary Presented by: Subject: PUBLIC WORKS No items for this category. CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.E.O · Department: City Secretary Presented by: Subject: GENERAL ITEMS CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.F.O CITY OF NORTH RICHLAND HILLS Department: Police Presented by: Jimmy Perdue Council Meeting Date: 6-12-2006 Agenda NO.F.1 Subject: GN 2006-046 U.S. Department of Health & Human Services Administration for Children and Families 2006 Grant Request, Resolution No. 2006-047 The U.S. Department of Health & Human Services Administration for Children and Families has opened grant opportunities to agencies for the purposes of grant-funding programs designed to temporarily assist families in need and to improve outcomes for children who are at risk for neglect and abuse. The purpose of the grant is to develop and implement an alternative community response system that will better connect the Temporary Assistance for Needy Families program (TANF) and community-based child abuse and neglect prevention resources to better serve children and families that are experiencing difficulties or needing support but do not have serious child protection issues. If awarded, it would create a pilot program in our community that could have long term positive impacts to our community as well as placing our City in a favorable position in the nation. We would title this grant the Family Resource Community (FRC) grant, which is a five- year grant that would begin on October 1, 2006 and may be up to $400,000 per year for five years. The City of North Richland Hills would file the application and be the grantee. Part of the grant funding will be used to contract with the Tarrant County Youth Collaboration to set up and initially manage the program in years 1 and 2. The goal would be to gradually shift the management of the grant to personnel within the Police Department funded through the grant. Specifically, the..FRC grant will promote: · Social support, community connection, spirituality and/or cultural roots · Supportive caregiver-child relationships and successful parenting · Economic stability This FRC grant will build-out the Building Connections - Building Community pilot program (currently funded by the U.S. Department of Justice) in all of North Richland Hills in years 1 and 2 of the grant and expand this effort in years 3-5 into other Birdville ISD locations in Haltom City, Richland Hills and Watauga. Emphasis would be placed on supporting and expanding existing programs and organizations that are already in place serving our community. . Based on our initial draft budget, we anticipate that the first year request will be at least $350,000. A final budget with each years expenses will be submitted to Council for approval with the grant award documentation if awarded. While currently preliminary, positions included in this budget are a clinical supervisor, two family resource . . . coordinators, a grant manager and a prevention team manager. There are funds dedicated to directly assist families who are in need with emergency living expenses, funds for the expansion of the Strong fathers/strong family program as well as the Touchpoint program recently started in two BISD schools. In addition, there is a grant requirement that an annual audit be conducted on the effectiveness of the program within the service area. The School of Social Work at the University of Texas at Arlington has been contacted and would be willing to conduct this evaluation and funds have been set aside for this purpose. The first year of this project will focuses heavily on setting up the systems, programs and organizational relationships needed to conduct the longer term goals of: · Demonstrating a model of effective collaboration between TANF and child welfare agencies that will improve outcomes for children who are in, or at risk of, entering the child welfare system; · Evaluating and document the processes and outcomes of these collaborations, and · Developing identifiable sites that other states/locales seeking improved collaboration between T ANF and child welfare agencies can look to for guidance, insight, and possible replication. The bulk of the term of the project will focus on using a "System of Care" approach. This approach contains elements that are useful for any population that may require some assistance. Guidance principles include: · Interagency collaboration: public, private, and faith based sectors. · Individualized strength-based plans of care: acknowledging each child's and family unique sets of strengths and challenges · Cultural competence: recognizing that each individuals and family unique culture, race and ethnicity are assets to be built upon · Child and family involvement: mutual respect and partnership between families and professionals · Community-based services: the services are structured to keep the family intact in the community · Accountability: practice, organizational, and financial outcomes must be continuously assessed to determine effectiveness of the effort. Recommendation: To approve Resolution No. 2006-047 Ni~H . RESOLUTION NO. 2006-047 WHEREAS, the City of North Richland Hills, Texas possesses legal authority to apply for the 2006 Family Resource Community Grant from the U.S. Department of Health and Human Services, Administration for Children and Families and make appointments for the conduct of business relative to the Grant; and WHEREAS, the City Council of North Richland Hills finds it in the best interest of the citizens of North Richland Hills that it contracts with the Tarrant County Youth Collaboration to coordinate and manage the grant in the fiscal years of 2006/2007 and 2007/2008; and WHEREAS, the City Council of North Richland Hills agrees to provide applicable 100/0 funds for either cash or in-kind contributions in the said project as required by the grant application; and WHEREAS, the grantee's authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency; and . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT the City Manager, be, and is hereby, authorized to execute the Family Resource Community Grant application to the U.S. Department of Health and Human Services Administration for Children and Families. PASSED AND APPROVED this 12th day of June, 2006. CITY OF NORTH RICHLAND HILLS: Oscar Trevino, Mayor ATTEST: Patricia Hutson, City Secretary APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: . Jimmy Perdue, Chief of Police CITY OF NORTH RICHLAND HILLS Department: Parks and Recreation Presented by: Vickie Loftice Council Meeting Date: 6-12-2006 Agenda NO.F.2 Subject: PU 2006-045 Award of the Professional Services Agreement to Lopez Garcia Group in the amount of $43,000 for The Lakes at Calloway Creek Study - Resolution No. 2006-049 This proposed professional services agreement is necessary to study the feasibility of creating a lake (or lakes) or other attractive features at Calloway Creek between North Hills Hospital and the new medical office building and other improvements planned as a part of the mixed use redevelopment of the North Hills Mall property. The project involves studying the existing and future hydraulics of the Calloway Branch drainage corridor and preparing a feasibility study for improving the drainage characteristics in an environmentally responsible and aesthetically pleasing manner. In accordance with the City's Consultant Selection Policy, in lieu of soliciting Requests for Proposals, the Lopez Garcia Group was selected to perform the work because they: . - Are performing the civil engineering and hydraulic modeling for the Medical Office Buildings. - Have already collected hydraulic data and are familiar with the drainage characteristic of this drainage corridor. - Are preparing the design and construction documents for the pedestrian bridge crossing being constructed concurrently with the Medical Office Building. - Have studied and laid-out a trail alignment in relation to the long term plans for the Hospital, the proposed development plans for the City Walk area, and the existing underground utilities along the drainage corridor. Although the currently approved Parks and Recreation CIP Budget includes $75,000 for the feasibility study, an agreement in the amount of $43,000 has been negotiated. The proposed fee was negotiated in concert with the Boulevard 26 Trail Project (formerly City Walk Trail). City Council authorized the City Manager to execute a professional services agreement for the Trail Project at the May 22, 2006 City Council meeting. Many of the hydraulic modeling tasks required as a part of the Lakes Project are necessary for the TxDOT grant funded Trail Project, resulting in lower costs for the Lakes Study. The scope of services to be provided by Lopez Garcia are as follows: . · Develop conceptual alternates for proposed channel improvements between Booth Calloway Road and Rodger Line Drive. · Prepare opinions of probable costs for each of the proposed channel alternatives. . . . · Conduct field surveys and a tree survey and perform necessary court house research. · Develop hydrology models, update and revise flood profiles to reflect proposed alternatives. · Determine permitting requirements from US Army Corps of Engineers, FEMA, and TCEQ (if required) to implement each of the proposed channel improvements alternatives. · Develop preliminary schedule for tasks requir~d to implement each alternative. A conflict of interest questionnaire from Lopez Garcia Group is on file with the city. Recommendation: To approve Resolution No. 2006-049 Ni~H . RESOLUTION NO. 2006-049 BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF NORTH RICH LAND HillS, TEXAS: Section1 : THAT the City Manager is hereby authorized to execute a professional services agreement with Lopez Garcia Group for the Lakes at Calloway Creek Study, as the act and deed of the City. PASSED AND APPROVED THIS 12th DAY OF June, 2006. ATTEST: CITY OF NORTH RICHLAND HILLS: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: . George A. Staples, City Attorney APPROVED AS TO CONTENT: Vickie Lottice, Director of Parks and Recreation . . . CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 6-12-2006 Agenda NO.F.3 Subject: GN 2006-039 Authorizing City Manager to Sign Contract for Electric Services Resolution No. 2006-040 Electric deregulation began January 1, 2002 as a result of legislation that was passed in 1999. As 2002 approached, the City had a choice to continue to purchase electricity from TXU or to join with a group of cities to try and purchase power at cheaper rates using economies of scale. The City of North Richland Hills met with various coalition groups regarding deregulated electric service and in May 2001 determined that Cities Aggregation Power Project (CAPP) would offer the best opportunity to save money when purchasing electricity. CAPP seeks bids for electricity for the 80 plus member cities based on the estimated total kilowatt hours to be used by its member cities. An energy consultant prepares bid documents, evaluates the bids as well as negotiates pricing and contract terms for CAPP members. As you will recall, Geoffrey Gay made a presentation at the May 22nd City Council meeting about the possibility of a long term electric contract whereby CAPP would more or less purchase the output of an electric generating plant. That issue is completely separate from this item. This contract is for 2007 and 2008 electric needs of member cities and does not involve any type of contract beyond two years and does not involve debt issuance. To allow for CAPP member cities to act promptly and enter into a power contract under the most favorable terms, CAPP is asking each city to pass a resolution designating an individual to enter into a power contract on behalf of the City. The proposed resolution authorizes the City Manager to sign an electric services contract when the prices become favorable, hopefully in the next month or so. Recommendation: To approve Resolution No. 2006-040. Ni~H . RESOLUTION NO. 2006-040 A RESOLUTION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS AUTHORIZING THE CITIES AGRREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH CAPP FOR THE CITY OF NORTH RICHLAND HILLS' 2007 AND 2008 ELECTRCITY NEEDS; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2007 AND 2008 AND TO HONOR THE CITY OF NORTH RICHLAND HILLS' COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND 2008 THROUGH CAPPo WHEREAS, the City of North Richland Hills, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its more than 86 members in the competitive retail market; and . WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings off of the Price to Seat (PTS) rate for its members; and WHEREAS, the CAPP Board and CAPP consultants are continuing to investigate long term contracting options, CAPP members must secure short term (2007 and 2008) power supplies or revert to high price standard contracts and independently shop for a power contract; and WHEREAS, experience gained by the CAPP Board indicates that entering into a wholesale power contract, as distinct from a retail contract, effective January 1, 2007 may provide for greatest potential savings for CAPP members and facilitate an ultimate transition to fixed price long term agreements; and WHEREAS, potential wholesale power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each CAPP member; and . WEHREAS, CAPP believes that the pricing opportunity window for favorable 2007 deliveries under either a wholesale or retail agreement will be short-lived (in the late spring - early summer time period) and that CAPP must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and . . . WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that Retail Electric Providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, CAPP's current delivered energy prices provide savings when measured against the PTB rate, and aggregated rates contracted during favorable pricing periods are likely to be lower than prices obtained by the City contracting individually during the same time period; and WHEREAS, wholesale suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the City of North Richland Hills needs to assure CAPP that it will budget for energy purchases in 2007 and 2008 and honor--its commitments to purchase power for its electrical needs in 2007 and 2008 through CAPPo BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND HillS, TEXAS THAT: SECTION 1 The CAPP Board and its consultants and advisors will evaluate for the City wholesale power supply contract options for 2007 and 2008 as compared to a retail electric delivery contract for 2007 and if feasible, 2008. SECTION 2 The City will execute a contract with CAPP that permits the CAPP Board and its consultants and advisors to negotiate and sign the 2007 and 2008 electric power agreement for the City's electricity needs as a member of CAPP and commits its 2007 and 2008 load pursuant to the contract recommended and approved by the CAPP Board of Directors. SECTION 3 The City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement (whether wholesale or retail) arranged by CAPP and signed by the Chairman of CAPP for the City. SECTION 4 A copy of the resolution shall be sent to Mary Bunkley with the City Attorney's office in Arlington and Geoffrey M. Gay, legal counsel to CAPPo PASSED AND APPROVED THIS 12th DAY OF JUNE, 2006. ATTEST: CITY OF NORTH RICH LAND HILLS: Patricia Hutson, City Secretary Oscar Trevino, Mayor . . . APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: Karen Bostic, Managing Director . . CITY OF NORTH RICHLAND HILLS Department: City Manager's Office Presented by: Karen Bostic Council Meeting Date: 6-12-2006 Agenda NO.F.4 Subject: GN 2006-048 Appointment of Municipal Court Judge and Alternate Judges and Establish a Salary for Such Term - Ordinance No. 2889 The City Council will discuss the appointment and salary of Municipal Court Judge and the appointment of Alternate Judges during Executive Session. As required by State law, Council must appoint the Judge and establish the salary by ordinance. The appointment is for a two year term. Once established, the salary cannot be reduced during the two year term. Recommendation: The judges and alternate judges will be discussed in Executive Session, and any action needed will be taken in at the regular City Council meeting. Ni~H . ORDINANCE NO. 2889 AN ORDINANCE APPOINTING A JUDGE AND ALTERNATE JUDGES OF THE MUNICIPAL COURT OF RECORD NO. 1 OF THE CITY OF NORTH RICH LAND HillS, AND ESTABLISHING A SALARY FOR SUCH TERM. WHEREAS, Section 30.00006, Texas Government Code, requires that the governing body of a municipality which has created a municipal court of record appoint by ordinance its municipal judges and establish a salary which may not be diminished during the judge's term of office; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF NORTH RICHLAND HillS, TEXAS: SECTION 1. That is hereby appointed Judge of Municipal Court of Record No. 1 for a term of two (2) years. SECTION 2. The Judge of the Municipal Court of Record shall be paid a salary of $ per year which shall not be reduced during his term of office. . SECTION 3: and are hereby appointed to serve as municipal judge when the Judge of the Municipal Court of Record is temporarily absent for any reason. AND IT IS SO ORDAINED. PASSED ON THIS 12TH OFJUNE, 2006. ATTEST: CITY OF NORTH RICHLAND HILLS: Patricia Hutson, City Secretary Oscar Trevino, Mayor APPROVED AS TO FORM AND LEGALITY: George A. Staples, City Attorney APPROVED AS TO CONTENT: . Karen Bostic, Managing Director . . CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Patricia Hutson Council Meeting Date: 6-12-2006 Agenda NO.F.5 Subject: GN 2006-049 Appointments to Planning and Zoning Commission and Capital Improvement Advisory Committee - Places 1, 2 and 7 Mr. Richard Davis who was serving in Place 1 on the Planning & Zoning Commission and Capital Improvement Advisory Committee has resigned. Mayor Pro Tem Lewis is recommending the appointment of Mr. Mark Haynes to fill the unexpired term. Mr. Haynes has been serving since 1999 in Place 1 on the Park and Recreation Board. Council will consider Mayor Pro Tem Lewis's recommendation for an appointment to the Place 1 position on the Park and Recreation Board at the June 26 Council meeting. The term of office for the individual serving in Place 2 on the Planning & Zoning Commission and Capital Improvement Advisory Committee expires on June 30, 2006. Councilman Sapp is recommending that Mr. Mike Benton, who currently serving as the ex officio member, be appointed to Place 2 for a two-year term. Mr. Benton's term of office will expire June 30, 2006. With the election of Ken Sapp to the City Council, there is a vacancy in Place 7 on these two boards. Councilman Welch is recommending the appointment of Mr. Steve Cooper to fill the unexpired term. Recommendation: To consider the appointments of Mr. Mark Haynes to Place 1, term expiring June 30, 2007, Mr. Mike Benton to Place 2, term expiring June 30, 2008, and Mr. Steve Cooper to Place 7, term expiring June 30, 2007 on the Planning & Zoning Commission and the Capital Improvement Advisory Committee. CITY OF NORTH RICHLAND HILLS Department: City Secretary Presented by: Council Meeting Date: 6-12-2006 Agenda NO.F.6 Subject: Action on any item discussed in Executive Session listed on Work Session Agenda. . . Department: City Secretary Presented by: CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.F.? Subject: Information and Reports Report on May 22, 2006 Citizen Presentation . . . INFORMAL REPORT TO MAYOR AND CITY COUNCIL No.. IR 2006-06ï. ~..-L- Date: T Subject: May 24, 2006 Citizen Presentation - Laverne Q'Steen During the Citizen's Presentation portion of the Council Meeting on May 22, 2006, Ms. Laverne O'Steen presented a document titled Flood Plain Development Permit and a letter from FEMA. She was implying that the City did not follow the Charter when the Emerald Lakes were constructed. She presented the Flood Plain Development Permit as if it was a requirement by the Charter to construct Emerald Lakes. The document and letter. presented by Ms. O'Steen is a completely separate issue from her implications. These documents are requirements of FEMA and are a result of the City belonging to the National Flood Insurance Program and are not a requirement of the Charter for the construction of Emerald Lakes. In fact, the documents pertaining to the Charter requirements have been offered to her, but she feels that these documents are not what she is requesting and decided not to pick them up. We have explained to her that the City Attorney has ruled that the Cìty has met the Charter requirements and that the permit she is requesting consists of several documents such as the plat, flood studies, FEMA studies, etc. She insists that the "permit" should have a title that reads "Lake Permit". Ms. O'Steen is having a very difficult time understanding that the permit she is searching for consists of many documents. As mentioned above, she has not picked up these documents that make up and meet the Charter requirements as defined by the City Attorney. Ms. O'Steen also failed to mention that FEMA indicated to her in a separate letter dated May 12, 2006, that the City has met all of the provisions of the Community's Flood Damage Prevel1tion Ordinance and the regulatory req~irements. The letter to Ms. Q'Steen also indicates that if she is having problems with the retaining walls she should contact the party responsible. By all legal documents reviewed by the City Attorney, the Emerald Lakes Home Owners Association is responsible for the retaining wa1ls. I am not sure if Ms. O'Steen is confusing the issue by presenting permits and/or documents that are irrelevant to her original request or if she really just does not understand. Staff will be sending the attached letter to Ms. O'Steen in an attempt to explain, yet another time that the information she is requesting can be picked up at the City. Respectfully submitted, (~ ~\~ 11. (_{~:fLÁ Mike Curtis, P. E. Public Works Director L ISSUED BY THE CITY MANAGER NORTH RICHLAND HillS, TEXAS . Ni~H May 24, 2006 Laverne O'Steen 8429 Emerald Circle North RichJand Hills, TX 76180 City staff has reviewed the Flood Plain Development Permit form and the letter addressed to Mr. Mike Curtis, Public Works Director, from FEMA and find that this information is not related to your original request, which was to see a copy of the permit issued by the City for the construction of the lake. We have explained to you numerous times that the permit you are requesting is not a "single" document as per the City Attorney, but consists of several documents including but not limited to the plat, flood studies, FEMA notifications, etc. The document that you présented is just a very small part of the FEMA notifications that are required by FEMA for flood plain development. The Flood Plain Development Permit is a document that the City has the developer complete at the very early stages of a project which is located in a 100-year flood plain. This document or permit initiates the formal process that the City follows for flood plain development. This document or permit has nothinq to do with the development of a lake or pond: it pertains strictlv to develoQment within a FEMA regulated flood plain. . The information that you requested that pertains to the City Charter requirements, to my knowledge, has never been picked up. It is my understanding that you reviewed those documents as defined by the City Attorney to constitute the "permit" referenced in the City Charter, but you decided that these documents were not the permit and decided not to pick them up. In addition, the City received a copy of a letter that FEMA mailed to you on May 12, 2006 which indicated that the City met all of FEMA's National Flood Insurance Program requirements. The letter mailed to you also indicated that if the walls are deteriorating or are structurally unsound, then you should have those responsible (your Homeowners Association) make the repairs. The original information that you requested may the picked up at the City. Please call prior to coming so that we will have the information ready. It has been a few months and some of the information may have been filed again. Respectfully, - f ....~ L·! - I ( . -1-- .., 4 ./', ~ \ ( I ;! . Mike èûrtis, P .E. ~ Public Works Director RMC/smm/pwI2006-09BR . . 1~!O)jC(0iL ~/ c::IC~\ ¡ I U::l ¡e. ,\¿.1IC,u \j !CL~} i i ¡ i ;'A A.Y ... 5 ! U U J ! i i I ì ! NRH Puhiic Wçrks ¡ Ms. Laverne O'Steen 8429 Emerald Circle North Richland Hills.. TX 76180 Dear Ms. O'Steen: U.S. Depanment of Homeland Security FEM ,.; R~giun Ó Non Nurth loor ~8R .,--. Dellllln. TX 76:!OY-:ì69R '-/Q~:\ /;~. !!r~~ì -r-:T!1\ Æ A \S~.::" ~ .r.1VJ. t\. ··~'7.r-~~~2.':~~" - May I ~~ 2006 '.-:~" . '-, ,:,~).i[ª) 1;// Thank you for sharing your concern with me regarding the construction of retaining walls in the regulatory tloodplain of North Richland Hills. 1 have reviewed the permit and Letter of Map Revision (LOMR), Case Number 94-06-343P. Based on the contents of the permit when coupled with the LOMR. 1 feel that the City properly allowed the development in question to be built and that all provisions of the community· s flood damage prevention ordinance and the regulatory requirements of the National Flood Insurance Program (NFlP) have been met . If the walls are deteriorating or are structurally unsound. then I would seek the assistance of those who have the responsibility to make the necessary repairs. If I may be of any additional assistance. please let me know. Sincerely~ /-..... (" ":..- , 'A.. .~\k- })!)}) Dale Hoff Natural Hazards Program Specialist cc: ~Ir" Glenn Smith. Engineer l-\ssociate. City of North Richland Hills . www.fema.gov b> . . . MEMORANDUM TO: Mayor Oscar Trevino FROM: George Staples, Attorney DATE: June 5, 2006 RE: LaVerne O'Steen's 5-22-06 citizen comment Mrs. O'Steen gave you a copy of a May 16, 2006 letter from a FEMA official to Public Works Director Mike Curtis which reflects that FEMA requested and was provided copies of material from city files and that the copy of the 1992 flood plain permit issued by the city was unsigned. That letter also reflects that the permit was issued by the city and the FEMA issued a Letter of Map Revision (LOMR) in 1994 based on the permit after the construction was finalized. Nothing within Chapter 102 of the city's Code of Ordinances requires a signature, although § 102.63 contemplates that the city's flood plain administrator will approve such permits. It is possible that the original of the permit was signed and the copy contained in the city's files was not. Since FEMA issued the LOMR based upon compliance of the as-built project with the city issued permit which was in turn based on engineering plans prepared and submitted by the developer's engineers, this unsigned copy is of no significance since it was merely a vehicle for the issuance of the LOMR. Mrs. O'Steen failed to furnish you a copy of the May 12, 2006 letter from the same FEMA official opining that the city acted properly and that the issue of repairs to the retaining wall about which Mrs. O'Steen has been complaining should be addressed to those who have responsibility for making the repairs. It is quite clear that Mrs. O'Steen's homeowner's association has the responsibility for repairing and maintaining that wall and that the city and its taxpayers have none. The correspondence from FEMA confirms my previous advice that there have been no violations of the city's charter and that the lake was properly permitted. CITY OF NORTH RICHLAND HILLS . Department: City Secretary Presented by: Council Meeting Date: 6-12-2006 Agenda No.F.8 Subject: Information and Reports - Councilman Welch Announcements The City of North Richland Hills continues its spring concert series at Green Valley Park, 7701 Smithfield Road. The next concert will be "Blake and Fallon" and "The Django Walker Band" starting at 6:30 p.m. on Friday, June 16th. Admission is free. Please bring your lawn chairs and blankets. For more information, call 817-427-6620. Join us for the grand opening of "Tipps Canine Hollow at Northfield Park" on Saturday, June 17th. This new park is devoted entirely to dogs and their owners. Opening day activities will start at 8 a.m. with a walk-a-thon benefiting the NRH Animal Adoption & Rescue Center. The grand opening ceremony will begin at 9 a.m. For more information, please call 817-427-6620. . The North Richland Hills Public Library is joining with 11 neighboring cities for a "One Book One Community" event. During June and July, residents of the participating cities are invited read the same book, "Isaac's Storm" by Erik Larson. There will be several opportunities to share and discuss the book at programs in the participating libraries. For more information, please call 817-427-6800. Kudos Korner Every Council Meeting, we spotlight our employees for the great things they do. Staff, Utility Customer Service Office A note was received from a first time homeowner stating that the service he received from the Utility Customer Service Office was of the highest quality. He said the employees who helped him were among the most courteous people he has ever met. . . . Department: City Secretary Presented by: Subject: Adjournment CITY OF NORTH RICHLAND HILLS Council Meeting Date: 6-12-2006 Agenda NO.F.9